Minnesota Legislature
SF 866
2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 2nd Engrossment
1.1 A bill for an act 1.2 relating to education; providing for family and early 1.3 childhood education, children and family support 1.4 programs, prevention, and self-sufficiency and 1.5 lifelong learning; providing for kindergarten through 1.6 grade 12 general education, education excellence, 1.7 special programs, facilities and technology, 1.8 libraries; and advisory committees and miscellaneous 1.9 kindergarten through grade 12 education provisions; 1.10 providing for rulemaking; repealing, modifying, and 1.11 expanding certain provisions of the kindergarten 1.12 through grade 12 education code; amending Minnesota 1.13 Statutes 2000, sections 13.319, by adding a 1.14 subdivision; 13.32, subdivision 3; 13.43, by adding a 1.15 subdivision; 13.46, subdivision 2; 16B.616, 1.16 subdivision 4; 119A.05, subdivision 2; 119A.15, 1.17 subdivision 5a; 119A.43, subdivisions 1, 11; 119B.011, 1.18 subdivisions 7, 19; 119B.02, subdivision 1, by adding 1.19 a subdivision; 119B.26; 120A.22, subdivision 7; 1.20 120B.11, subdivisions 2, 5; 120B.22, subdivision 1; 1.21 120B.30, subdivision 1; 121A.06; 121A.11, subdivision 1.22 1; 121A.15; 121A.26; 121A.27; 121A.28; 121A.29, 1.23 subdivision 1; 121A.32, subdivision 1; 121A.34; 1.24 121A.55; 121A.69, subdivision 3; 122A.06, by adding a 1.25 subdivision; 122A.09, subdivisions 4, 6; 122A.15; 1.26 122A.18, subdivision 2a, by adding a subdivision; 1.27 122A.22; 122A.24, subdivision 3; 122A.25, by adding a 1.28 subdivision; 122A.31, subdivision 2; 122A.40, 1.29 subdivisions 5, 7, 8, 19, by adding a subdivision; 1.30 122A.41, subdivisions 4, 7, 13, 15, by adding 1.31 subdivisions; 122A.51; 122A.58, subdivision 1; 1.32 122A.60, subdivision 1; 122A.64; 122A.68, subdivisions 1.33 1, 7; 122A.69; 122A.70, subdivision 2; 122A.91; 1.34 122A.92; 123A.06, subdivision 1; 123A.442, subdivision 1.35 2; 123B.02, subdivisions 1, 2, 3; 123B.04, 1.36 subdivisions 2, 5; 123B.09, subdivision 8; 123B.143, 1.37 subdivision 1; 123B.147; 123B.36, subdivision 1; 1.38 123B.42, subdivision 3; 123B.43; 123B.44, subdivision 1.39 6; 123B.49, subdivision 1; 123B.51, subdivisions 1, 5; 1.40 123B.71, subdivisions 1, 4, 8, 9; 123B.73, subdivision 1.41 1; 123B.75, by adding a subdivision; 123B.83, 1.42 subdivision 1; 123B.90, subdivision 2; 123B.91, 1.43 subdivision 1; 124D.02, subdivision 1; 124D.03, 1.44 subdivisions 3, 4; 124D.09, subdivisions 5, 6, 7, 12; 1.45 124D.10, subdivisions 1, 4, 6, 8, 15, 19; 124D.115, 1.46 subdivision 3; 124D.118, subdivisions 2, 3; 124D.28, 2.1 subdivision 1; 124D.30, subdivision 3; 124D.35; 2.2 124D.37; 124D.40, subdivision 2; 124D.41; 124D.42, 2.3 subdivision 7; 124D.46, subdivision 1; 124D.47, 2.4 subdivision 2; 124D.49, subdivision 3; 124D.50, 2.5 subdivisions 2, 3; 124D.531, subdivision 7; 124D.59, 2.6 subdivision 2; 124D.65, subdivision 6; 124D.74, 2.7 subdivision 1; 124D.80, subdivisions 1, 2, 3; 124D.84, 2.8 subdivision 1; 124D.88, subdivision 2; 124D.892; 2.9 124D.894; 124D.94, subdivisions 2, 4; 125A.023, 2.10 subdivision 4; 125A.027, by adding a subdivision; 2.11 125A.09, subdivision 11; 125A.11, subdivision 3; 2.12 125A.27, subdivision 15; 125A.28; 125A.515; 125A.76, 2.13 subdivisions 1, 2; 125B.05, subdivisions 1, 2; 2.14 125B.20, subdivisions 1, 4; 126C.05, subdivision 1; 2.15 126C.10, subdivisions 1, 9; 126C.17, subdivisions 1, 2.16 6, 9, 10, 11; 126C.23, subdivision 5; 126C.31; 2.17 126C.41, subdivision 3; 126C.43, subdivision 3; 2.18 126C.48, subdivision 8; 127A.05, subdivisions 1, 3; 2.19 127A.06; 127A.30; 127A.41, subdivisions 5, 7; 127A.42; 2.20 127A.50, subdivision 2; 129C.10, subdivision 3; 2.21 134.31, subdivision 5; 179A.20, subdivision 3; 2.22 256.045, subdivision 3b; 626.556, subdivisions 2, 3, 2.23 4, 7, 10, 10b, 10d, 10e, 10i, 10j, 11; Laws 2000, 2.24 chapter 489, article 2, section 39, subdivision 2; 2.25 Laws 2000, chapter 489, article 3, section 25, 2.26 subdivision 5; Laws 2000, chapter 489, article 6, 2.27 section 44, subdivision 2; proposing coding for new 2.28 law in Minnesota Statutes, chapters 120A; 120B; 122A; 2.29 repealing Minnesota Statutes 2000, sections 119A.43, 2.30 subdivision 6; 120B.10; 120B.11, subdivisions 3, 4, 7; 2.31 120B.24; 121A.03, subdivision 3; 121A.16; 121A.32, 2.32 subdivisions 2, 4, 5; 121A.41, subdivision 3; 122A.19, 2.33 subdivision 2; 122A.32; 122A.33; 122A.40, subdivision 2.34 6; 122A.42; 122A.52; 122A.53; 122A.71; 122A.72; 2.35 122A.75; 123A.06, subdivision 3; 123A.07; 123A.15, 2.36 subdivision 1; 123A.35; 123A.36; 123A.37; 123A.38; 2.37 123A.39, subdivisions 1, 2, 4; 123A.40; 123A.41, 2.38 subdivisions 1, 4; 123A.43; 123B.02, subdivisions 5, 2.39 6, 9, 10, 11, 13, 16; 123B.04, subdivision 4; 123B.11; 2.40 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 123B.40; 2.41 123B.51, subdivisions 2, 3, 4; 123B.71, subdivisions 2.42 3, 10; 123B.744; 123B.84; 123B.87; 123B.88, 2.43 subdivisions 11, 12, 13, 18, 20, 21, 22; 123B.93; 2.44 123B.95, subdivision 3; 124D.02, subdivisions 2, 3, 4; 2.45 124D.06; 124D.07; 124D.081, subdivision 1; 124D.09, 2.46 subdivisions 8, 25, 26; 124D.10, subdivision 13; 2.47 124D.115, subdivisions 1, 2; 124D.118, subdivision 1; 2.48 124D.12; 124D.121; 124D.122; 124D.123; 124D.124; 2.49 124D.125; 124D.126; 124D.127; 124D.128, subdivisions 2.50 1, 3, 5, 6; 124D.23, subdivision 9; 124D.31; 124D.43; 2.51 124D.46, subdivision 3; 124D.47, subdivision 1; 2.52 124D.50, subdivisions 1, 2, 3; 124D.60, subdivision 3; 2.53 124D.65, subdivisions 8, 9, 10; 124D.68, subdivision 2.54 1; 124D.72; 124D.81, subdivision 7; 124D.88, 2.55 subdivision 1; 124D.895; 124D.90, subdivision 5; 2.56 124D.91; 124D.92; 124D.93; 125B.02; 125B.07, 2.57 subdivisions 1, 3, 5; 125B.09; 125B.11; 126C.01, 2.58 subdivision 10; 126C.10, subdivisions 12, 23; 126C.16, 2.59 subdivision 2; 126C.17, subdivision 12; 126C.18; 2.60 126C.22; 126C.42, subdivisions 2, 3; 126C.47; 127A.05, 2.61 subdivision 5; 127A.41, subdivision 4; 127A.44; 2.62 Minnesota Rules, parts 3501.0280, subpart 3; 2.63 3505.4300; 3520.0400; 3530.2610; 3530.2612; 3530.2614; 2.64 3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 2.65 3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 2.66 3530.2636; 3530.2638; 3530.2640; 3530.2642; 3530.2644; 2.67 3545.0600; 3545.0700; 3545.0800; 3545.0900; 3550.0100. 2.68 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.69 ARTICLE 1 3.1 EARLY CHILDREN PROGRAMS 3.2 Section 1. Minnesota Statutes 2000, section 119A.05, 3.3 subdivision 2, is amended to read: 3.4 Subd. 2. [ACCOUNT.] A consolidated funding account is 3.5 established under the control of the commissioner of children, 3.6 families, and learning. The purpose of this account is to 3.7 clearly identify and provide accountability for funds previously 3.8 distributed to local grantees through the individual categorical 3.9 grant programs in subdivision 5.By direction of the3.10commissioner, after consultation with the partnership planning3.11team and,Upon a finding that the conditions specified in this 3.12 section have been satisfied, the commissioner shall direct that 3.13 fundsmustbe transmitted to this account and allocated to local 3.14 grantees by the commissioner. 3.15 Sec. 2. Minnesota Statutes 2000, section 119A.43, 3.16 subdivision 11, is amended to read: 3.17 Subd. 11. [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 3.18 PERIODS.] The commissioner may waive requirements under this 3.19 section for up to nine months after the disaster for grantees in 3.20 areas where a federal disaster has been declared under United 3.21 States Code, title 42, section 5121, et seq., or the governor 3.22 has exercised authority under chapter 12. The commissioner 3.23 shall notify the chairs ofthe senate family and early childhood3.24education budget division, the senate education finance3.25committee, the house family and early childhood education3.26finance division, the house education committee, and the house3.27ways and means committeethe appropriate legislative committees 3.28 ten days before the effective date of any waiver granted under 3.29 this section. 3.30 Sec. 3. Minnesota Statutes 2000, section 119B.011, 3.31 subdivision 7, is amended to read: 3.32 Subd. 7. [CHILD CARE SERVICES.] "Child care services" 3.33 means child care as defined under subdivision 5, providedin3.34family day care homes, group day care homes, nursery schools,3.35day nurseries, child day care centers, head start, and extended3.36day school age child care programsin or out of the child's home. 4.1 Sec. 4. Minnesota Statutes 2000, section 119B.011, 4.2 subdivision 19, is amended to read: 4.3 Subd. 19. [PROVIDER.] "Provider" meansa child care4.4license holder who operates a family child care home, a group4.5family child care home, a child care center, a nursery school, a4.6day nursery, a school age care program; a license-exempt school4.7age care program operating under the auspices of a local school4.8board or a park or recreation board of a city of the first class4.9that has adopted school age care guidelines which meet or exceed4.10guidelines recommended by the department, or a nonlicensedan 4.11 individual or child care center or facility either licensed or 4.12 unlicensed providing legal child care services as defined under 4.13 section 245A.03. A legally unlicensed registered family child 4.14 care providerwho ismust be at least 18 years of age, andwho4.15isnot a member of the MFIP assistance unit or a member of the 4.16 family receiving child care assistance under this chapter. 4.17 Sec. 5. Minnesota Statutes 2000, section 119B.02, 4.18 subdivision 1, is amended to read: 4.19 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 4.20 shall develop standards for county and human services boards to 4.21 provide child care services to enable eligible families to 4.22 participate in employment, training, or education programs. 4.23 Within the limits of available appropriations, the commissioner 4.24 shall distribute money to counties to reduce the costs of child 4.25 care for eligible families. The commissioner shall adopt rules 4.26 to govern the program in accordance with this section. The 4.27 rules must establish a sliding schedule of fees for parents 4.28 receiving child care services. The rules shall provide that 4.29 funds received as a lump sum payment of child support arrearages 4.30 shall not be counted as income to a family in the month received 4.31 but shall be prorated over the 12 months following receipt and 4.32 added to the family income during those months.In the rules4.33adopted under this section, county and human services boards4.34shall be authorized to establish policies for payment of child4.35care spaces for absent children, when the payment is required by4.36the child's regular provider. The rules shall not set a maximum5.1number of days for which absence payments can be made, but5.2instead shall direct the county agency to set limits and pay for5.3absences according to the prevailing market practice in the5.4county. County policies for payment of absences shall be5.5subject to the approval of the commissioner.The commissioner 5.6 shall maximize the use of federal money under title I and title 5.7 IV of Public Law Number 104-193, the Personal Responsibility and 5.8 Work Opportunity Reconciliation Act of 1996, and other programs 5.9 that provide federal or state reimbursement for child care 5.10 services for low-income families who are in education, training, 5.11 job search, or other activities allowed under those programs. 5.12 Money appropriated under this section must be coordinated with 5.13 the programs that provide federal reimbursement for child care 5.14 services to accomplish this purpose. Federal reimbursement 5.15 obtained must be allocated to the county that spent money for 5.16 child care that is federally reimbursable under programs that 5.17 provide federal reimbursement for child care services. The 5.18 counties shall use the federal money to expand child care 5.19 services. The commissioner may adopt rules under chapter 14 to 5.20 implement and coordinate federal program requirements. 5.21 Sec. 6. Minnesota Statutes 2000, section 119B.26, is 5.22 amended to read: 5.23 119B.26 [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 5.24 PERIODS.] 5.25 The commissioner may waive requirements under this chapter 5.26 for up to nine months after the disaster in areas where a 5.27 federal disaster has been declared under United States Code, 5.28 title 42, section 5121, et seq., or the governor has exercised 5.29 authority under chapter 12. The commissioner shall notify the 5.30 chairs ofthe senate family and early childhood education budget5.31division, the senate education finance committee, the house5.32family and early childhood education finance division, the house5.33education committee, and the house ways and means committeethe 5.34 appropriate legislative committees ten days before the effective 5.35 date of any waiver granted under this section. 5.36 Sec. 7. Minnesota Statutes 2000, section 125A.28, is 6.1 amended to read: 6.2 125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 6.3 An interagency coordinating council of at least 17, but not 6.4 more than 25 members is established, in compliance with Public 6.5 Law Number 102-119, section 682. The members must be appointed 6.6 by the governor. Council members must elect the council chair. 6.7 The representative of the commissioner may not serve as the 6.8 chair. The council must be composed of at least five parents, 6.9 including persons of color, of children with disabilities under 6.10 age 12, including at least three parents of a child with a 6.11 disability under age seven, five representatives of public or 6.12 private providers of services for children with disabilities 6.13 under age five, including a special education director, county 6.14 social service director, local Head Start director, and a 6.15 community health services or public health nursing 6.16 administrator, one member of the senate, one member of the house 6.17 of representatives, one representative of teacher preparation 6.18 programs in early childhood-special education or other 6.19 preparation programs in early childhood intervention, at least 6.20 one representative of advocacy organizations for children with 6.21 disabilities under age five, one physician who cares for young 6.22 children with special health care needs, one representative each 6.23 from the commissioners of commerce, children, families, and 6.24 learning, health, human services, a representative from the 6.25 state agency responsible for child care, and a representative 6.26 from Indian health services or a tribal council. Section 6.27 15.059, subdivisions 2 to 5, apply to the council. The council 6.28 must meet at least quarterly. 6.29 The council must address methods of implementing the state 6.30 policy of developing and implementing comprehensive, 6.31 coordinated, multidisciplinary interagency programs of early 6.32 intervention services for children with disabilities and their 6.33 families. 6.34 The duties of the council include recommending policies to 6.35 ensure a comprehensive and coordinated system of all state and 6.36 local agency services for children under age five with 7.1 disabilities and their families. The policies must address how 7.2 to incorporate each agency's services into a unified state and 7.3 local system of multidisciplinary assessment practices, 7.4 individual intervention plans, comprehensive systems to find 7.5 children in need of services, methods to improve public 7.6 awareness, and assistance in determining the role of interagency 7.7 early intervention committees. 7.8 ByJuneSeptember 1, the council must recommend to the 7.9 governor and the commissioners of children, families, and 7.10 learning, health, human services, commerce, and economic 7.11 security policies for a comprehensive and coordinated system. 7.12 Notwithstanding any other law to the contrary, the state 7.13 interagency coordinating council expires on June 30,20012003. 7.14 Sec. 8. [FINANCIAL ASSISTANCE FOR COMMUNITY ACTION 7.15 AGENCIES; RULES.] 7.16 The commissioner of children, families, and learning may 7.17 adopt rules consistent with chapter 14 to allow community action 7.18 agencies, Indian reservations, and migrant and seasonal 7.19 farmworker organizations to meet their statutory 7.20 responsibilities under Minnesota Statutes, section 119A.374. 7.21 ARTICLE 2 7.22 SELF-SUFFICIENCY AND LIFELONG LEARNING 7.23 Section 1. Minnesota Statutes 2000, section 119A.15, 7.24 subdivision 5a, is amended to read: 7.25 Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the 7.26 department of children, families, and learning from the 7.27 department of economic security may not be included in the 7.28 consolidated funding account and are ineligible for local 7.29 consolidation. The commissioner may not apply for federal 7.30 waivers to include these programs in funding consolidation 7.31 initiatives. The programs include the following: 7.32 (1) programs for the homeless under sections 119A.43 and 7.33 268.365; 7.34 (2)emergency energy assistance and energy conservation7.35programs under sections 119A.40 and 119A.42;7.36(3) weatherization programs under section 119A.41;8.1(4)foodshelf programs under section 119A.44 and the 8.2 emergency food assistance program; and 8.3(5)(3) lead abatement programs under section 119A.45. 8.4 Sec. 2. Minnesota Statutes 2000, section 119A.43, 8.5 subdivision 1, is amended to read: 8.6 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 8.7 subdivision apply to this section. 8.8 (b) "Transitional housing" means housing designed for 8.9 independent living and provided to a homeless person or family 8.10 at a rental rate of at least 25 percent of the family 8.11 income and, for 50 percent of program participants, the length 8.12 of stay is limited to a period of up to 24 months. If a 8.13 transitional housing program is associated with a licensed 8.14 facility or shelter, it must be located in a separate facility 8.15 or a specified section of the main facility where residents can 8.16 be responsible for their own meals and other daily needs. 8.17 (c) "Support services" means an assessment service that 8.18 identifies the needs of individuals for independent living and 8.19 arranges or provides for the appropriate educational, social, 8.20 legal, advocacy, child care, employment, financial, health care, 8.21 or information and referral services to meet these needs. 8.22 Sec. 3. Minnesota Statutes 2000, section 124D.531, 8.23 subdivision 7, is amended to read: 8.24 Subd. 7. [PROGRAM AUDITS.] Programs that receive aid under 8.25 this section must maintain records that support the aid 8.26 payments. The commissioner may audit these records upon 8.27 request. The commissioner must establish procedures for 8.28 conducting fiscal audits of adult basic education programs 8.29 according to the schedule in this subdivision. In calendar year 8.3020022003, the commissioner must audit one-half of approved 8.31 adult basic education programs that received aid for fiscal year 8.3220012002, and in calendar year20032004, the commissioner must 8.33 audit the remaining unaudited programs for aid received in 8.34 fiscal year20022003. Beginning with fiscal year20042005, 8.35 the commissioner must, at a minimum, audit each adult basic 8.36 education program once every five years. The commissioner must 9.1 establish procedures to reconcile any discrepancies between aid 9.2 payments based on information reported to the commissioner and 9.3 aid estimates based on a program audit. 9.4 Sec. 4. [REPEALER.] 9.5 Minnesota Statutes 2000, section 119A.43, subdivision 6, is 9.6 repealed. 9.7 ARTICLE 3 9.8 GENERAL EDUCATION 9.9 Section 1. Minnesota Statutes 2000, section 123B.143, 9.10 subdivision 1, is amended to read: 9.11 Subdivision 1. [CONTRACT; DUTIES.] All districts 9.12 maintaining a classified secondary school must employ a 9.13 superintendent who shall be an ex officio nonvoting member of 9.14 the school board. The authority for selection and employment of 9.15 a superintendent must be vested in the board in all cases. An 9.16 individual employed by a board as a superintendent shall have an 9.17 initial employment contract for a period of time no longer than 9.18 three years from the date of employment. Any subsequent 9.19 employment contract must not exceed a period of three years. A 9.20 board, at its discretion, may or may not renew an employment 9.21 contract. A board must not, by action or inaction, extend the 9.22 duration of an existing employment contract. Beginning 365 days 9.23 prior to the expiration date of an existing employment contract, 9.24 a board may negotiate and enter into a subsequent employment 9.25 contract to take effect upon the expiration of the existing 9.26 contract. A subsequent contract must be contingent upon the 9.27 employee completing the terms of an existing contract. If a 9.28 contract between a board and a superintendent is terminated 9.29 prior to the date specified in the contract, the board may not 9.30 enter into another superintendent contract with that same 9.31 individual that has a term that extends beyond the date 9.32 specified in the terminated contract. A board may terminate a 9.33 superintendent during the term of an employment contract for any 9.34 of the grounds specified in section 122A.40, subdivision 9 or 13. 9.35 A superintendent shall not rely upon an employment contract with 9.36 a board to assert any other continuing contract rights in the 10.1 position of superintendent under section 122A.40. 10.2 Notwithstanding the provisions of sections 122A.40, subdivision 10.3 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 10.4 individual shall have a right to employment as a superintendent 10.5 based on order of employment in any district. If two or more 10.6 districts enter into an agreement for the purchase or sharing of 10.7 the services of a superintendent, the contracting districts have 10.8 the absolute right to select one of the individuals employed to 10.9 serve as superintendent in one of the contracting districts and 10.10 no individual has a right to employment as the superintendent to 10.11 provide all or part of the services based on order of employment 10.12 in a contracting district. The superintendent of a district 10.13 shall perform the following: 10.14 (1) visit and supervise the schools in the district, report 10.15 and make recommendations about their condition when advisable or 10.16 on request by the board; 10.17 (2) recommend to the board employment and dismissal of 10.18 teachers; 10.19 (3) superintend school grading practices and examinations 10.20 for promotions; 10.21 (4) make reports required by the commissioner; 10.22 (5) by January 10, submit an annual report to the 10.23 commissioner in a manner prescribed by the commissioner, in 10.24 consultation with school districts, identifying the expenditures 10.25 that the district requires to ensure an 80 percentand a 9010.26percentstudent passage rate on the basic standards test taken 10.27 in the eighth grade, identifying the highest student passage 10.28 rate the district expects it will be able to attain on the basic 10.29 standards test by grade 12, the amount of expenditures that the 10.30 district requires toensure a 99 percentattain the targeted 10.31 student passage rateon the basic standards test by 12th grade, 10.32 and how much the district is cross-subsidizing programs with 10.33 special education, basic skills, and general education revenue; 10.34 and 10.35 (6) perform other duties prescribed by the board. 10.36 Sec. 2. Minnesota Statutes 2000, section 123B.42, 11.1 subdivision 3, is amended to read: 11.2 Subd. 3. [COST; LIMITATION.] (a) The cost per pupil of the 11.3 textbooks, individualized instructional or cooperative learning 11.4 materials, and standardized tests provided for in this section 11.5 for each school year must not exceed the statewide average 11.6 expenditure per pupil, adjusted pursuant to clause (b), by the 11.7 Minnesota public elementary and secondary schools for textbooks, 11.8 individualized instructional materials and standardized tests as 11.9 computed and established by the department byMarchFebruary 1 11.10 of the preceding school year from the most recent public school 11.11 year data then available. 11.12 (b) The cost computed in clause (a) shall be increased by 11.13 an inflation adjustment equal to the percent of increase in the 11.14 formula allowance, pursuant to section 126C.10, subdivision 2, 11.15 from the second preceding school year to the current school year. 11.16 (c) The commissioner shall allot to the districts or 11.17 intermediary service areas the total cost for each school year 11.18 of providing or loaning the textbooks, individualized 11.19 instructional or cooperative learning materials, and 11.20 standardized tests for the pupils in each nonpublic school. The 11.21 allotment shall not exceed the product of the statewide average 11.22 expenditure per pupil, according to clause (a), adjusted 11.23 pursuant to clause (b), multiplied by the number of nonpublic 11.24 school pupils who make requests pursuant to this section and who 11.25 are enrolled as of September 15 of the current school year. 11.26 Sec. 3. Minnesota Statutes 2000, section 123B.44, 11.27 subdivision 6, is amended to read: 11.28 Subd. 6. [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes 11.29 of computing maximum allotments for each school year pursuant to 11.30 this section, the average public school expenditure per pupil 11.31 for health services and the average public school expenditure 11.32 per secondary pupil for guidance and counseling services shall 11.33 be computed and established by the department byMarchFebruary 11.34 1 of the preceding school year from the most recent public 11.35 school year data then available. 11.36 Sec. 4. Minnesota Statutes 2000, section 123B.75, is 12.1 amended by adding a subdivision to read: 12.2 Subd. 6b. [GENERAL EDUCATION AID.] If the amount to be 12.3 recognized as revenue under subdivision 5 exceeds the May, June, 12.4 and July school district tax settlement revenue received in that 12.5 calendar year, the district must recognize an amount of general 12.6 education aid equal to the difference between the total amount 12.7 to be recognized as revenue under subdivision 5, and the May, 12.8 June, and July school district tax settlement revenue received 12.9 in that calendar year as revenue in the previous fiscal year. 12.10 [EFFECTIVE DATE.] This section is effective June 30, 2001. 12.11 Sec. 5. Minnesota Statutes 2000, section 126C.05, 12.12 subdivision 1, is amended to read: 12.13 Subdivision 1. [PUPIL UNIT.] Pupil units for each 12.14 Minnesota resident pupil in average daily membership enrolled in 12.15 the district of residence, in another district under sections 12.16 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 12.17 124D.68; in a charter school under section 124D.10; or for whom 12.18 the resident district pays tuition under section 123A.18, 12.19 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 12.20 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 12.21 125A.65, shall be counted according to this subdivision. 12.22 (a) A prekindergarten pupil with a disability who is 12.23 enrolled in a program approved by the commissioner and has an 12.24 individual education plan is counted as the ratio of the number 12.25 of hours of assessment and education service to 825 times 1.25 12.26 with a minimum average daily membership of 0.28, but not more 12.27 than 1.25 pupil units. 12.28 (b) A prekindergarten pupil who is assessed but determined 12.29 not to be handicapped is counted as the ratio of the number of 12.30 hours of assessment service to 825 times 1.25. 12.31 (c) A kindergarten pupil with a disability who is enrolled 12.32 in a program approved by the commissioner is counted as the 12.33 ratio of the number of hours of assessment and education 12.34 services required in the fiscal year by the pupil's individual 12.35 education program plan to 875, but not more than one. 12.36 (d) A kindergarten pupil who is not included in paragraph 13.1 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 13.2 thereafter. 13.3 (e) A pupil who is in any of grades 1 to 3 is counted as 13.4 1.115 pupil units for fiscal year 2000 and thereafter. 13.5 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 13.6 pupil units for fiscal year 1995 and thereafter. 13.7 (g) A pupil who is in any of grades 7 to 12 is counted as 13.8 1.3 pupil units. 13.9 (h) A pupil who is in the post-secondary enrollment options 13.10 program is counted as 1.3 pupil units. 13.11 Sec. 6. Minnesota Statutes 2000, section 126C.10, 13.12 subdivision 1, is amended to read: 13.13 Subdivision 1. [GENERAL EDUCATION REVENUE.] For fiscal 13.14 year 2000 and thereafter, the general education revenue for each 13.15 district equals the sum of the district's basic revenue, basic 13.16 skills revenue, training and experience revenue, secondary 13.17 sparsity revenue, elementary sparsity revenue, transportation 13.18 sparsity revenue, total operating capital revenue, equity 13.19 revenue,referendum offset adjustment,transition revenue, and 13.20 supplemental revenue. 13.21 [EFFECTIVE DATE.] This section is effective for revenue for 13.22 fiscal year 2002. 13.23 Sec. 7. Minnesota Statutes 2000, section 126C.10, 13.24 subdivision 9, is amended to read: 13.25 Subd. 9. [SUPPLEMENTAL REVENUE.] (a) A district's 13.26 supplemental revenue allowance for fiscal year19942002 and 13.27 later fiscal years equals the district's supplemental 13.28 revenue allowance for fiscal year1993 divided by the district's13.291992-1993 resident pupil units2001. 13.30 (b)A district's supplemental revenue allowance is reduced13.31for fiscal year 1995 and later according to subdivision 12.13.32(c)A district's supplemental revenue equals the 13.33 supplemental revenue allowance, if any, times its adjusted 13.34 marginal cost pupil units for that year. 13.35(d) A district may cancel its supplemental revenue by13.36notifying the commissioner of education prior to June 30, 1994.14.1A district that is reorganizing under section 123A.35, 123A.46,14.2or 123A.48 may cancel its supplemental revenue by notifying the14.3commissioner of children, families, and learning before July 114.4of the year of the reorganization. If a district cancels its14.5supplemental revenue according to this paragraph, its14.6supplemental revenue allowance for fiscal year 1993 for purposes14.7of subdivision 12 and section 124A.03, subdivision 3b, equals14.8zero.14.9 [EFFECTIVE DATE.] This section is effective for revenue for 14.10 fiscal year 2002. 14.11 Sec. 8. Minnesota Statutes 2000, section 126C.17, 14.12 subdivision 1, is amended to read: 14.13 Subdivision 1. [REFERENDUM ALLOWANCE.] A district's 14.14 referendum revenue allowance equals thereferendum revenue14.15authority for that year divided by its resident marginal cost14.16pupil units for that school yearsum of the allowance under 14.17 section 126C.16, subdivision 2, plus any additional allowance 14.18 per resident marginal cost pupil unit authorized under 14.19 subdivision 9 for fiscal year 2002 and later. 14.20 [EFFECTIVE DATE.] This section is effective for revenue for 14.21 fiscal year 2002. 14.22 Sec. 9. Minnesota Statutes 2000, section 126C.17, 14.23 subdivision 6, is amended to read: 14.24 Subd. 6. [REFERENDUM EQUALIZATION LEVY.](a)A district's 14.25 referendum equalization levyfor a referendum levied against the14.26referendum market value of all taxable property as defined in14.27section 126C.01, subdivision 3,equals the district's referendum 14.28 equalization revenue times the lesser of one or the ratio of the 14.29 district's referendum market value per resident marginal cost 14.30 pupil unit to $476,000. 14.31(b) A district's referendum equalization levy for a14.32referendum levied against the net tax capacity of all taxable14.33property equals the district's referendum equalization revenue14.34times the lesser of one or the ratio of the district's adjusted14.35net tax capacity per resident marginal cost pupil unit to $8,404.14.36 [EFFECTIVE DATE.] This section is effective for revenue for 15.1 fiscal year 2002. 15.2 Sec. 10. Minnesota Statutes 2000, section 126C.17, 15.3 subdivision 9, is amended to read: 15.4 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized 15.5 by section 126C.10, subdivision 1, may be increased in the 15.6 amount approved by the voters of the district at a referendum 15.7 called for the purpose. The referendum may be called by the 15.8 board or shall be called by the board upon written petition of 15.9 qualified voters of the district. The referendum must be 15.10 conducted one or two calendar years before the increased levy 15.11 authority, if approved, first becomes payable. Only one 15.12 election to approve an increase may be held in a calendar year. 15.13 Unless the referendum is conducted by mail under paragraph (g), 15.14 the referendum must be held on the first Tuesday after the first 15.15 Monday in November. The ballot must state the maximum amount of 15.16 the increased revenue per resident marginal cost pupil unit, the 15.17 estimated referendum tax rate as a percentage of referendum 15.18 market value in the first year it is to be levied, and that the 15.19 revenue must be used to finance school operations. The ballot 15.20 may state a schedule, determined by the board, of increased 15.21 revenue per resident marginal cost pupil unit that differs from 15.22 year to year over the number of years for which the increased 15.23 revenue is authorized. If the ballot contains a schedule 15.24 showing different amounts, it must also indicate the estimated 15.25 referendum tax rate as a percent of referendum market value for 15.26 the amount specified for the first year and for the maximum 15.27 amount specified in the schedule. The ballot may state that 15.28 existing referendum levy authority is expiring. In this case, 15.29 the ballot may also compare the proposed levy authority to the 15.30 existing expiring levy authority, and express the proposed 15.31 increase as the amount, if any, over the expiring referendum 15.32 levy authority. The ballot must designate the specific number 15.33 of years, not to exceed ten, for which the referendum 15.34 authorization applies. The notice required under section 275.60 15.35 may be modified to read, in cases of renewing existing levies: 15.36 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 16.1 FOR A PROPERTY TAX INCREASE." 16.2 The ballot may contain a textual portion with the 16.3 information required in this subdivision and a question stating 16.4 substantially the following: 16.5 "Shall the increase in the revenue proposed by (petition 16.6 to) the board of ........., School District No. .., be approved?" 16.7 If approved, an amount equal to the approved revenue per 16.8 resident marginal cost pupil unit times the resident marginal 16.9 cost pupil units for the school year beginning in the year after 16.10 the levy is certified shall be authorized for certification for 16.11 the number of years approved, if applicable, or until revoked or 16.12 reduced by the voters of the district at a subsequent referendum. 16.13 (b) The board must prepare and deliver by first class mail 16.14 at least 15 days but no more than 30 days before the day of the 16.15 referendum to each taxpayer a notice of the referendum and the 16.16 proposed revenue increase. The board need not mail more than 16.17 one notice to any taxpayer. For the purpose of giving mailed 16.18 notice under this subdivision, owners must be those shown to be 16.19 owners on the records of the county auditor or, in any county 16.20 where tax statements are mailed by the county treasurer, on the 16.21 records of the county treasurer. Every property owner whose 16.22 name does not appear on the records of the county auditor or the 16.23 county treasurer is deemed to have waived this mailed notice 16.24 unless the owner has requested in writing that the county 16.25 auditor or county treasurer, as the case may be, include the 16.26 name on the records for this purpose. The notice must project 16.27 the anticipated amount of tax increase in annual dollars and 16.28 annual percentage for typical residential homesteads, 16.29 agricultural homesteads, apartments, and commercial-industrial 16.30 property within the school district. 16.31 The notice for a referendum may state that an existing 16.32 referendum levy is expiring and project the anticipated amount 16.33 of increase over the existing referendum levy in the first year, 16.34 if any, in annual dollars and annual percentage for typical 16.35 residential homesteads, agricultural homesteads, apartments, and 16.36 commercial-industrial property within the district. 17.1 The notice must include the following statement: "Passage 17.2 of this referendum will result in an increase in your property 17.3 taxes." However, in cases of renewing existing levies, the 17.4 notice may include the following statement: "Passage of this 17.5 referendum may result in an increase in your property taxes." 17.6 (c) A referendum on the question of revoking or reducing 17.7 the increased revenue amount authorized pursuant to paragraph 17.8 (a) may be called by the board and shall be called by the board 17.9 upon the written petition of qualified voters of the district. 17.10 A referendum to revoke or reduce the levy amount must be based 17.11 upon the dollar amount, local tax rate, or amount per resident 17.12 marginal cost pupil unit, that was stated to be the basis for 17.13 the initial authorization. Revenue approved by the voters of 17.14 the district pursuant to paragraph (a) must be received at least 17.15 once before it is subject to a referendum on its revocation or 17.16 reduction for subsequent years. Only one revocation or 17.17 reduction referendum may be held to revoke or reduce referendum 17.18 revenue for any specific year and for years thereafter. 17.19 (d) A petition authorized by paragraph (a) or (c) is 17.20 effective if signed by a number of qualified voters in excess of 17.21 15 percent of the registered voters of the district on the day 17.22 the petition is filed with the board. A referendum invoked by 17.23 petition must be held on the date specified in paragraph (a). 17.24 (e) The approval of 50 percent plus one of those voting on 17.25 the question is required to pass a referendum authorized by this 17.26 subdivision. 17.27 (f) At least 15 days before the day of the referendum, the 17.28 district must submit a copy of the notice required under 17.29 paragraph (b) to the commissioner and to the county auditor of 17.30 each county in which the district is located. Within 15 days 17.31 after the results of the referendum have been certified by the 17.32 board, or in the case of a recount, the certification of the 17.33 results of the recount by the canvassing board, the district 17.34 must notify the commissioner of the results of the referendum. 17.35(g) Except for a referendum held under subdivision 11, any17.36referendum under this section held on a day other than the first18.1Tuesday after the first Monday in November must be conducted by18.2mail in accordance with section 204B.46. Notwithstanding18.3paragraph (b) to the contrary, in the case of a referendum18.4conducted by mail under this paragraph, the notice required by18.5paragraph (b) must be prepared and delivered by first class mail18.6at least 20 days before the referendum.18.7 Sec. 11. Minnesota Statutes 2000, section 126C.17, 18.8 subdivision 10, is amended to read: 18.9 Subd. 10. [SCHOOL REFERENDUM LEVY; MARKET VALUE.] 18.10Notwithstanding the provisions of subdivision 9,A school 18.11 referendum levyapproved after November 1, 1992, for taxes18.12payable in 1993 and thereafter,must be levied against the 18.13 referendum market value of all taxable property as defined in 18.14 section 126C.01, subdivision 3. Any referendum levy amount 18.15 subject to the requirements of this subdivision must be 18.16 certified separately to the county auditor under section 275.07. 18.17All other provisions of subdivision 9 that do not conflict18.18with this subdivision apply to referendum levies under this18.19subdivision.18.20 [EFFECTIVE DATE.] This section is effective for revenue for 18.21 fiscal year 2002. 18.22 Sec. 12. Minnesota Statutes 2000, section 126C.17, 18.23 subdivision 11, is amended to read: 18.24 Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum 18.25 held under paragraph (b), any referendum under this section held 18.26 on a day other than the first Tuesday after the first Monday in 18.27 November must be conducted by mail in accordance with section 18.28 204B.46. Notwithstanding subdivision 9, paragraph (b), to the 18.29 contrary, in the case of a referendum conducted by mail under 18.30 this paragraph, the notice required by subdivision 9, paragraph 18.31 (b), must be prepared and delivered by first-class mail at least 18.32 20 days before the referendum. 18.33 (b) In addition to the referenda allowed in subdivision 9, 18.34 clause (a), the commissioner mayauthorize a referendum for a18.35different day.18.36(a) The commissioner maygrant authority to a district to 19.1 hold a referendum on a different day if the district is in 19.2 statutory operating debt and has an approved plan or has 19.3 received an extension from the department to file a plan to 19.4 eliminate the statutory operating debt. 19.5(b) The commissioner may grant authority for a district to19.6hold a referendum on a different day if: (1) the district will19.7conduct a bond election under chapter 475 on that same day; and19.8(2) the proceeds of the referendum will provide only additional19.9operating revenue complementing the purpose for which bonding19.10authority is sought. The commissioner may only grant authority19.11under this paragraph if the district demonstrates to the19.12commissioner's satisfaction that the district's ability to19.13operate the new facility or achieve efficiencies with the19.14purchases connected to the proceeds of the bond sale will be19.15significantly affected if the operating referendum is not19.16conducted until the November general election. Authority under19.17this paragraph expires November 30, 1998.19.18 (c) The commissioner must approve, deny, or modify each 19.19 district's request for a referendum levy on a different day 19.20 within 60 days of receiving the request from a district. 19.21 Sec. 13. Minnesota Statutes 2000, section 126C.23, 19.22 subdivision 5, is amended to read: 19.23 Subd. 5. [DATA REPORTING.] Each district must report to 19.24 the commissionerthe estimated amount of general education and19.25referendum initially allocated to each building under19.26subdivision 2 and the amount of any reallocations under19.27subdivision 3 by January 30 of the current fiscal year, andthe 19.28 actual amount of general education and referendum revenue 19.29 initially allocated to each building under subdivision 2 and the 19.30 amount of any reallocations under subdivision 3 by January 30 of 19.31 the next fiscal year. 19.32 Sec. 14. Minnesota Statutes 2000, section 126C.41, 19.33 subdivision 3, is amended to read: 19.34 Subd. 3. [RETIREMENT LEVIES.](1) In addition to the19.35excess levy authorized in 1976 any district within a city of the19.36first class which was authorized in 1975 to make a retirement20.1levy under Minnesota Statutes 1974, section 275.127 and chapter20.2422A may levy an amount per pupil unit which is equal to the20.3amount levied in 1975 payable 1976, under Minnesota Statutes20.41974, section 275.127 and chapter 422A, divided by the number of20.5pupil units in the district in 1976-1977.20.6(2) In 1979 and each year thereafter, any district which20.7qualified in 1976 for an extra levy under paragraph (1) shall be20.8allowed to levy the same amount as levied for retirement in 197820.9under this clause reduced each year by ten percent of the20.10difference between the amount levied for retirement in 197120.11under Minnesota Statutes 1971, sections 275.127 and 422.01 to20.12422.54 and the amount levied for retirement in 1975 under20.13Minnesota Statutes 1974, section 275.127 and chapter 422A.20.14(3)(a) In 1991 and each year thereafter, a district to 20.15 which this subdivision applies may levy an additional amount 20.16 required for contributions to the Minneapolis employees 20.17 retirement fund as a result of the maximum dollar amount 20.18 limitation on state contributions to the fund imposed under 20.19 section 422A.101, subdivision 3. The additional levy must not 20.20 exceed the most recent amount certified by the board of the 20.21 Minneapolis employees retirement fund as the district's share of 20.22 the contribution requirement in excess of the maximum state 20.23 contribution under section 422A.101, subdivision 3. 20.24(4)(b) For taxes payable in 1994 and thereafter, special 20.25 school district No. 1, Minneapolis, and independent school 20.26 district No. 625, St. Paul, may levy for the increase in the 20.27 employer retirement fund contributions, under Laws 1992, chapter 20.28 598, article 5, section 1. 20.29(5)(c) If the employer retirement fund contributions under 20.30 section 354A.12, subdivision 2a, are increased for fiscal year 20.31 1994 or later fiscal years, special school district No. 1, 20.32 Minneapolis, and independent school district No. 625, St. Paul, 20.33 may levy in payable 1994 or later an amount equal to the amount 20.34 derived by applying the net increase in the employer retirement 20.35 fund contribution rate of the respective teacher retirement fund 20.36 association between fiscal year 1993 and the fiscal year 21.1 beginning in the year after the levy is certified to the total 21.2 covered payroll of the applicable teacher retirement fund 21.3 association. If an applicable school district levies under this 21.4 paragraph, they may not levy under paragraph(4)(b). 21.5(6)(d) In addition to the levy authorized under paragraph 21.6(5)(c), special school district No. 1, Minneapolis, may also 21.7 levy payable in 1997 or later an amount equal to the 21.8 contributions under section 423A.02, subdivision 3, and may also 21.9 levy in payable 1994 or later an amount equal to the state aid 21.10 contribution under section 354A.12, subdivision 3b. Independent 21.11 school district No. 625, St. Paul, may levy payable in 1997 or 21.12 later an amount equal to the supplemental contributions under 21.13 section 423A.02, subdivision 3. 21.14 Sec. 15. Minnesota Statutes 2000, section 126C.43, 21.15 subdivision 3, is amended to read: 21.16 Subd. 3. [TAX LEVY FORUNPAIDJUDGMENT.] A district may 21.17 levy the amounts necessary to paythe district's obligations21.18 judgments against the district under section126C.47123B.25 21.19 that became final after the date the district certified its 21.20 proposed levy in the previous year. With the approval of the 21.21 commissioner, a district may spread this levy over a period not 21.22 to exceed three years. 21.23 Sec. 16. Minnesota Statutes 2000, section 127A.41, 21.24 subdivision 5, is amended to read: 21.25 Subd. 5. [DISTRICT APPEAL OF AID REDUCTION; INSPECTION OF 21.26 DISTRICT SCHOOLS AND ACCOUNTS AND RECORDS.] Public schools shall 21.27 at all times be open to the inspection of the commissioner. The 21.28 accounts and records of any district must be open to inspection 21.29 by the state auditor, or the commissioner for the purpose of 21.30 audits conducted under this section. Each district shall keep 21.31 for a minimum of three years at least the following: (1) 21.32 identification of the annual session days held, together with a 21.33 record of the length of each session day, (2) a record of each 21.34 pupil's daily attendance, with entrance and withdrawal dates, 21.35 and (3) identification of thepupils transported who are21.36reported for transportation aidto-and-from school 22.1 transportation category for each pupil as defined in section 22.2 123B.92, subdivision 1. 22.3 Sec. 17. Minnesota Statutes 2000, section 127A.42, is 22.4 amended to read: 22.5 127A.42 [REDUCTION OF AID FOR VIOLATION OF LAW.] 22.6 Subdivision 1. [STATE AIDS.] The amount ofspecialstate 22.7 aids to which a district is entitled shall be the amount 22.8 computed according to statutes. The annual state aid 22.9 certificate made by the commissioner to the commissioner of 22.10 finance shall show the amount of any reductions made. 22.11 Subd. 2. [VIOLATIONS OF LAW.] The commissionershallmay 22.12 reduce or withhold the district'sspecialstate aid for any 22.13 school year whenever the board of the district authorizes or 22.14 permits violations of law within the district by: 22.15 (1) employing a teacher who does not hold a valid teaching 22.16 license or permit in a public school; 22.17 (2) noncompliance with a mandatory rule of general 22.18 application promulgated by the commissioner in accordance with 22.19 statute, unless special circumstances make enforcement 22.20 inequitable, impose an extraordinary hardship on the district, 22.21 or the rule is contrary to the district's best interests; 22.22 (3) the district's continued performance of a contract made 22.23 for the rental of rooms or buildings for school purposes or for 22.24 the rental of any facility owned or operated by or under the 22.25 direction of any private organization, if the contract has been 22.26 disapproved, the time for review of the determination of 22.27 disapproval has expired, and no proceeding for review is 22.28 pending; 22.29 (4) any practice which is a violation of sections 1 and 2 22.30 of article 13 of the Constitution of the state of Minnesota; 22.31 (5) failure to reasonably provide for a resident pupil's 22.32 school attendance under Minnesota Statutes;or22.33 (6) noncompliance with state laws prohibiting 22.34 discrimination because of race, color, creed, religion, national 22.35 origin, sex, age, marital status, status with regard to public 22.36 assistance or disability, as defined in section 363.03; or 23.1 (7) using funds contrary to the statutory purpose of the 23.2 funds. 23.3 The reduction or withholding must be made in the amount and upon 23.4 the procedure provided in this sectionor, in the case of the23.5violation stated in clause (1), upon the procedure provided in23.6section 127A.43. 23.7 Subd. 3. [ASSURANCE OF COMPLIANCE.] (a) After consultation 23.8 with the commissioner of human rights, the commissioner of 23.9 children, families, and learning shall adopt rules in 23.10 conformance with chapter 14. The rules must direct districts to 23.11 file with the commissioner of children, families, and learning 23.12 assurances of compliance with state and federal laws prohibiting 23.13 discrimination. The assurances must be provided in a form and 23.14 manner prescribed by the commissioner. 23.15 (b) If it appears that one or more violations of the 23.16 Minnesota Human Rights Act are occurring in a district, the 23.17 commissioner of human rights shall notify the commissioner of 23.18 the violations, and the commissioner of children, families, and 23.19 learning may then proceed pursuant to subdivision 4. 23.20 Subd. 4. [NOTICE TO BOARD.] When it appears thatan23.21enumerateda violation is occurring in a district, the 23.22 commissioner shall notify the board of that district in 23.23 writing. The notice must specify the violations, set a 23.24 reasonable time within which the district must correct the 23.25 specified violations, describe the correction required, and 23.26 advise that if the correction is not made within the time 23.27 allowed, special state aids to the district will be reduced or 23.28 withheld. The time allowed for correction may be extended by 23.29 the commissioner if there is reasonable ground therefor. 23.30 Subd. 5. [DISPUTE VIOLATIONS; HEARING.] The board to which 23.31 such notice is given may, by a majority vote of the whole board, 23.32 decide to dispute that the specified violation exists or that 23.33 the time allowed is reasonable or the correction specified is 23.34 correct, or that the commissioner may reduce or withhold aids. 23.35 The board must give the commissioner written notice of the 23.36 decision. If the commissioner, after further investigation as 24.1 the commissioner deems necessary, adheres to the previous 24.2 notice, the commissioner shall notify the school board of its 24.3 decision. If the commissioner, after further investigation as 24.4 the commissioner deems necessary, adheres to the previous 24.5 notice, the board shall be entitled to a hearing by the 24.6 commissioner under this subdivision and notwithstanding chapter 24.7 14. The commissioner must set a hearing time and place and the 24.8 board of the district must be given notice by mail. The 24.9 hearings must be designed to give a full and fair hearing and 24.10 permit interested parties an opportunity to produce evidence 24.11 relating to the issues involved. A stenographic record must be 24.12 made of all testimony given and other proceedings during the 24.13 hearing. If practicable, rules governing admission of evidence 24.14 in courts shall apply to the hearing. The final decision of the 24.15 commissioner must be in writing and the controlling facts upon 24.16 which the decision is made must be stated in sufficient detail 24.17 to apprise the parties and the reviewing court of the basis and 24.18 reason for the decision. The decision must be confined to 24.19 whether any of the specified violations existed at the date of 24.20 the commissioner's first notice, whether the violations were 24.21 corrected within the time permitted, whether the violations 24.22 require withholding or reduction of the state aids under this 24.23 section, and in what amount. 24.24 Subd. 6. [VIOLATION; AID REDUCTION OR WITHHOLDING.] The 24.25 commissioner shall not reduce state aids payable to the district 24.26 if the violation specified is corrected within the time 24.27 permitted, or if the commissioner on being notified of the 24.28 district board's decision to dispute decides the violation does 24.29 not exist, or if the commissioner decides after hearing no 24.30 violation specified in the commissioner's notice existed at the 24.31 time of the notice, or that the violations were corrected within 24.32 the time permitted. Otherwise state aids payable to the 24.33 district for the year in which the violation occurredshallmay 24.34 be reduced or withheld as follows: The total amount of state 24.35 aids to which the district may be entitled shall be reduced in 24.36 the proportion that the period during which a specified 25.1 violation continued, computed from the last day of the time 25.2 permitted for correction, bears to the total number of days 25.3 school is held in the district during the year in which a 25.4 violation exists, multiplied by up to 60 percent of the basic 25.5 revenue, as defined in section 126C.10, subdivision 2, of the 25.6 district for that year. 25.7 Subd. 7. [REDUCTION IN AIDS PAYABLE.] Reductions in aid 25.8 under this section and sections 127A.41 and 127A.43 must be from 25.9 general education aid. If there is not sufficient general 25.10 education aid remaining to be paid for the school year in which 25.11 the violation occurred, the reduction shall be fromtheother 25.12 aidslisted in section 127A.44, subdivision 2,that are payable 25.13 to the district for that yearin the order in which the aids are25.14listed in section 127A.44, subdivision 2. If there is not a 25.15 sufficient amount of state aids remaining payable to the 25.16 district for the school year in which the violation occurred to 25.17 permit the full amount of reduction required, that part of the 25.18 required reduction not taken from that school year's aids will 25.19 be taken from the state aids payable to the district for the 25.20 next school year, and the reduction will be made from the 25.21 various aids payable for the next yearin the order above25.22specified. 25.23 Subd. 8a. [APPEAL.] A final decision of the commissioner 25.24 under this section may be appealed in accordance with section 25.25 480A.06, subdivision 3. 25.26 Subd. 9. [NOTICE TO DISTRICT.] Any notice given to the 25.27 board of a district will be deemed given when a copy thereof is 25.28 mailed, registered, to the superintendent of the district, if 25.29 there is a superintendent, and to the clerk of the board of the 25.30 district. If it is shown that neither the superintendent nor 25.31 the clerk in fact received such notice in the ordinary course of 25.32 mail, then the time for correction will be accordingly extended 25.33 by the commissioner so that a reasonable time will be allowed 25.34 from actual receipt of notice for correction. If notice is sent 25.35 by the commissioner with respect to a violation which is 25.36 continued by the district in a succeeding year, no separate 26.1 notice for that violation for the succeeding year will be 26.2 required. Proceedings initiated by such notice shall include 26.3 any continuing violation notwithstanding that a part thereof 26.4 occurs in a year different from the year in which it started. 26.5 The commissioner may require reasonable proof of the time that a 26.6 violation ceased for the determination of the amount of aids to 26.7 be reduced or withheld. Costs and disbursements of the review 26.8 by thedistrict courtcourt of appeals, exclusive of those 26.9 incurred in the administrative proceedings, may be taxed against 26.10 the losing party and in the event taxed against the state must 26.11 be paid from the appropriations made to the department for the 26.12 payment ofspecialstate aids. 26.13 Sec. 18. Minnesota Statutes 2000, section 127A.50, 26.14 subdivision 2, is amended to read: 26.15 Subd. 2. [APPROPRIATIONAND ESTIMATED NET SAVINGS.] The 26.16 amounts necessary to pay any positive net adjustments under this 26.17 section to any school district are appropriated annually from 26.18 the general fund to the commissioner of children, families, and 26.19 learning.The estimated net general fund savings under this26.20section is $29,819,000 in fiscal year 1998, and $26,997,000 in26.21each fiscal year thereafter.26.22 Sec. 19. Laws 2000, chapter 489, article 2, section 39, 26.23 subdivision 2, is amended to read: 26.24 Subd. 2. [SPARSITY CORRECTION REVENUE.] For sparsity 26.25 correction revenue: 26.26 $1,030,000 ..... 2000 26.27 $ 515,000 ..... 2001 26.28 The 2000 appropriation is available until June 30, 2001. 26.29 [EFFECTIVE DATE.] This section is effective the day 26.30 following final enactment. 26.31 Sec. 20. Laws 2000, chapter 489, article 3, section 25, 26.32 subdivision 5, is amended to read: 26.33 Subd. 5. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For 26.34 special education cross-subsidy revenue: 26.35 $ 7,898,000 ..... 2000 26.36 $18,396,000 ..... 2001 27.1 The 2000 appropriation is available until June 30, 2001. 27.2 [EFFECTIVE DATE.] This section is effective the day 27.3 following final enactment. 27.4 Sec. 21. [REPEALER.] 27.5 (a) Minnesota Statutes 2000, sections 124D.07; 126C.01, 27.6 subdivision 10; 126C.16, subdivision 2; 126C.18; 126C.22; and 27.7 127A.44, are repealed. 27.8 (b) Minnesota Statutes 2000, sections 126C.10, subdivisions 27.9 12 and 23; and 126C.17, subdivision 12, are repealed effective 27.10 for revenue for fiscal year 2002. 27.11 (c) Minnesota Statutes 2000, sections 126C.42, subdivisions 27.12 2 and 3; and 126C.47, are repealed effective for taxes payable 27.13 in 2002. 27.14 ARTICLE 4 27.15 EDUCATION EXCELLENCE 27.16 Section 1. [120A.415] [EXTENDED SCHOOL CALENDAR.] 27.17 A school board that offers licensed kindergarten through 27.18 grade 12 teachers the opportunity for more staff development 27.19 training and additional salary under section 122A.40, 27.20 subdivisions 7 and 7a, or 122A.41, subdivisions 4 and 4a, must 27.21 adopt as its school calendar a total of 240 days of student 27.22 instruction and staff development, of which the total number of 27.23 staff development days equals the difference between the total 27.24 number of days of student instruction and 240 days. A school 27.25 board may schedule additional staff development days throughout 27.26 the calendar year. 27.27 [EFFECTIVE DATE.] This section is effective for the 27.28 2001-2002 school year and thereafter. 27.29 Sec. 2. Minnesota Statutes 2000, section 120B.11, 27.30 subdivision 2, is amended to read: 27.31 Subd. 2. [ADOPTING POLICIES.](a)A school board shall 27.32 adopt annually a written policy that includes the following: 27.33 (1) district goals for instruction and curriculum; 27.34 (2) a process for evaluating each student's progress toward 27.35 meeting graduation standards and identifying the strengths and 27.36 weaknesses of instruction and curriculum affecting students' 28.1 progress; 28.2 (3) a system for periodically reviewing all instruction and 28.3 curriculum; 28.4 (4) a plan for improving instruction and curriculum;and28.5 (5) an instruction plan that includes education 28.6 effectiveness processes developed under section 122A.625 and 28.7 integrates instruction, curriculum, and technology; and 28.8 (6) a process for screening each student for reading skills 28.9 no later than the end of first grade and prescribing 28.10 intervention methods or programs for students identified as 28.11 needing reading intervention according to section 120B.12. 28.12 [EFFECTIVE DATE.] This section is effective July 1, 2002. 28.13 Sec. 3. [120B.12] [READING INTERVENTION.] 28.14 Subdivision 1. [LITERACY GOAL.] The legislature seeks to 28.15 have Minnesota's children able to read no later than the end of 28.16 second grade. 28.17 Subd. 2. [IDENTIFICATION.] For the 2002-2003 school year 28.18 and later, each school district shall identify before the end of 28.19 first grade students who are at risk of not learning to read 28.20 before the end of second grade. The district must use a locally 28.21 adopted assessment method. 28.22 Subd. 3. [INTERVENTION.] For each student identified under 28.23 subdivision 2, the district shall provide a reading intervention 28.24 method or program to assist the student in reaching the goal of 28.25 learning to read no later than the end of second grade. 28.26 District intervention methods shall encourage parental 28.27 involvement and, where possible, collaboration with appropriate 28.28 school and community programs. Intervention methods may 28.29 include, but are not limited to, requiring attendance in summer 28.30 school and intensified reading instruction that may require that 28.31 the student be removed from the regular classroom for part of 28.32 the school day. 28.33 Subd. 4. [STAFF DEVELOPMENT.] Each district shall identify 28.34 the staff development needs to ensure that: 28.35 (1) elementary teachers are able to implement 28.36 comprehensive, scientifically based, and balanced reading 29.1 instruction programs that have resulted in improved student 29.2 performance; 29.3 (2) elementary teachers who are instructing students 29.4 identified under subdivision 2 are prepared to teach using the 29.5 intervention methods or programs selected by the district for 29.6 the identified students; and 29.7 (3) all licensed teachers employed by the district have 29.8 regular opportunities to improve reading instruction. 29.9 Subd. 5. [COMMISSIONER.] The commissioner shall recommend 29.10 to districts multiple assessment tools that will assist 29.11 districts and teachers with identifying students under 29.12 subdivision 2. The commissioner shall also make available to 29.13 districts examples of nationally recognized and research-based 29.14 instructional methods or programs that districts may use to 29.15 provide reading intervention according to this section. 29.16 [EFFECTIVE DATE.] This section is effective July 1, 2002. 29.17 Sec. 4. Minnesota Statutes 2000, section 120B.30, 29.18 subdivision 1, is amended to read: 29.19 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner, 29.20 with advice from experts with appropriate technical 29.21 qualifications and experience and stakeholders, shall include in 29.22 the comprehensive assessment system, for each grade level to be 29.23 tested, a test, which shall be aligned with the state's 29.24 graduation standards and administered annually to all students 29.25 in the third, fifth, and eighth grades. The commissioner shall 29.26 establish one or more months during which schools shall 29.27 administer the tests to students each school year. Only 29.28 Minnesota basic skills tests in reading, mathematics, and 29.29 writing shall fulfill students' basic skills testing 29.30 requirements for a passing state notation. The passing scores 29.31 of the state tests in reading and mathematics are the equivalent 29.32 of: 29.33 (1) 70 percent correct for students entering grade 9 in 29.34 1996; and 29.35 (2) 75 percent correct for students entering grade 9 in 29.36 1997 and thereafter, as based on the first uniform test 30.1 administration of February 1998. 30.2Notwithstanding Minnesota Rules, part 3501.0050, subpart 2,30.3at the written request of a parent or guardian, and with the30.4recommendation of the student's teacher, a district may offer30.5the test of basic requirements in reading, math, or writing to30.6an individual student beginning in grade 5. The student must30.7take the same test on the same date as administered to students30.8in eighth grade or higher.(b) Third and fifth grade test 30.9 results shall be available to districts for diagnostic purposes 30.10 affecting student learning and district instruction and 30.11 curriculum, and for establishing educational accountability. 30.12 The commissioner must disseminate to the public the third and 30.13 fifth grade test results upon receiving those results. 30.14(b)(c) In addition, at the secondary level, districts 30.15 shall assess student performance in all required learning areas 30.16 and selected required standards within each area of the profile 30.17 of learning. The testing instruments and testing process shall 30.18 be determined by the commissioner. The results shall be 30.19 aggregated at the site and district level. The testing shall be 30.20 administered beginning in the 1999-2000 school year and 30.21 thereafter. 30.22(c)(d) The commissioner shall report school site and 30.23 school district student academic achievement levels of the 30.24 current and two immediately preceding school years. The report 30.25 shall include students' unweighted mean test scores in each 30.26 tested subject, the unweighted mean test scores of only those 30.27 students enrolled in the school by January 1 of the previous 30.28 school year, and the unweighted test scores of all students 30.29 except those students receiving limited English proficiency 30.30 instruction. The report also shall record separately, in 30.31 proximity to the reported performance levels, the percentages of 30.32 students who are eligible to receive a free or reduced price 30.33 school meal, demonstrate limited English proficiency, or are 30.34 eligible to receive special education services. 30.35(d)(e) In addition to the testing and reporting 30.36 requirements under paragraphs (a), (b),and(c), and (d), the 31.1 commissioner shall include the following components in the 31.2 statewide public reporting system: 31.3 (1) uniform statewide testing of all third, fifth, eighth, 31.4 and post-eighth grade students that provides exemptions, only 31.5 with parent or guardian approval, for those very few students 31.6 for whom the student's individual education plan team under 31.7 sections 125A.05 and 125A.06, determines that the student is 31.8 incapable of taking a statewide test, or for a limited English 31.9 proficiency student under section 124D.59, subdivision 2, if the 31.10 student has been in the United States for fewer than 12 months 31.11 and for whom special language barriers exist, such as the 31.12 student's native language does not have a written form or the 31.13 district does not have access to appropriate interpreter 31.14 services for the student's native language; 31.15 (2) educational indicators that can be aggregated and 31.16 compared across school districts and across time on a statewide 31.17 basis, including average daily attendance, high school 31.18 graduation rates, and high school drop-out rates by age and 31.19 grade level; 31.20 (3) students' scores on the American College Test; and 31.21 (4) participation in the National Assessment of Educational 31.22 Progress so that the state can benchmark its performance against 31.23 the nation and other states, and, where possible, against other 31.24 countries, and contribute to the national effort to monitor 31.25 achievement. 31.26(e)(f) Districts must report exemptions under paragraph 31.27(d)(e), clause (1), to the commissioner consistent with a 31.28 format provided by the commissioner. 31.29 Sec. 5. Minnesota Statutes 2000, section 122A.06, is 31.30 amended by adding a subdivision to read: 31.31 Subd. 4. [COMPREHENSIVE, SCIENTIFICALLY BASED, AND 31.32 BALANCED READING INSTRUCTION.] "Comprehensive, scientifically 31.33 based, and balanced reading instruction" means instruction and 31.34 practice in phonemic awareness, phonics and other word 31.35 recognition skills, and guided oral reading for beginning 31.36 readers; and extensive silent reading, vocabulary instruction, 32.1 comprehensive instruction, and instruction that fosters deep 32.2 understanding and higher order thinking for readers of all ages 32.3 and proficiency levels. 32.4 Sec. 6. Minnesota Statutes 2000, section 122A.09, 32.5 subdivision 4, is amended to read: 32.6 Subd. 4. [LICENSE AND RULES.] (a) The board must adopt 32.7 rules to license public school teachers and interns subject to 32.8 chapter 14. 32.9 (b) The board must adopt rules requiring a person to 32.10 successfully complete a skills examination in reading, writing, 32.11 and mathematics as a requirement for initial teacher licensure. 32.12 Such rules must require college and universities offering a 32.13 board approved teacher preparation program to provide remedial 32.14 assistance to persons who did not achieve a qualifying score on 32.15 the skills examination, including those for whom English is a 32.16 second language. 32.17 (c) The board must adopt rules to approve teacher 32.18 preparation programs. The board, upon the request of a 32.19 post-secondary student preparing for teacher licensure or a 32.20 licensed graduate of a teacher preparation program, shall assist 32.21 in resolving a dispute between the person and a post-secondary 32.22 institution providing a teacher preparation program when the 32.23 dispute involves an institution's recommendation for licensure 32.24 affecting the person or the person's credentials. At the 32.25 board's discretion, assistance may include the application of 32.26 chapter 14. 32.27 (d) The board must provide the leadership and shall adopt 32.28 rules for the redesign of teacher education programs to 32.29 implement a research based, results-oriented curriculum that 32.30 focuses on the skills teachers need in order to be effective. 32.31 The board shall implement new systems of teacher preparation 32.32 program evaluation to assure program effectiveness based on 32.33 proficiency of graduates in demonstrating attainment of program 32.34 outcomes. 32.35 (e) The board must adopt rules requiring successful 32.36 completion of an examination of general pedagogical knowledge 33.1 and examinations of licensure-specific teaching skills. The 33.2 rules shall be effective on the dates determined by the board,33.3but not later than September 1, 2001. The board shall not 33.4 require a test of pedagogical knowledge or licensure specific 33.5 teaching skills as a condition of licensure unless the board can 33.6 demonstrate a statistically significant relationship between a 33.7 person's performance on the test and effectiveness as a teacher. 33.8 (f) The board must adopt rules requiring teacher educators 33.9 to work directly with elementary or secondary school teachers in 33.10 elementary or secondary schools to obtain periodic exposure to 33.11 the elementary or secondary teaching environment. 33.12 (g) The board must grant licenses to interns and to 33.13 candidates for initial licenses. 33.14 (h) The board must design and implement an assessment 33.15 system which requires a candidate for an initial license and 33.16 first continuing license to demonstrate the abilities necessary 33.17 to perform selected, representative teaching tasks at 33.18 appropriate levels. 33.19 (i) The board must receive recommendations from local 33.20 committees as established by the board for the renewal of 33.21 teaching licenses. 33.22 (j) The board must grant life licenses to those who qualify 33.23 according to requirements established by the board, and suspend 33.24 or revoke licenses pursuant to sections 122A.20 and 214.10. The 33.25 board must not establish any expiration date for application for 33.26 life licenses. 33.27 (k) The board must adopt rules that require all licensed 33.28 teachers who are renewing their continuing license to include in 33.29 their renewal requirements further preparation in the areas of 33.30 using positive behavior interventions and in accommodating, 33.31 modifying, and adapting curricula, materials, and strategies to 33.32 appropriately meet the needs of individual students and ensure 33.33 adequate progress toward the state's graduation rule.The rules33.34adopted under this paragraph apply to teachers who renew their33.35licenses in year 2001 and later.33.36 (l) In adopting rules to license public school teachers who 34.1 provide health-related services for disabled children, the board 34.2 shall adopt rules consistent with license or registration 34.3 requirements of the commissioner of health and the 34.4 health-related boards who license personnel who perform similar 34.5 services outside of the school. 34.6 (m) The board must adopt rules that require all licensed 34.7 teachers who are renewing their continuing licenses to include 34.8 in their renewal requirements further preparation in the 34.9 application of comprehensive, scientifically based, and balanced 34.10 reading instruction programs. 34.11 [EFFECTIVE DATE.] This section is effective for teachers 34.12 who renew their licenses in year 2004 and later. 34.13 Sec. 7. Minnesota Statutes 2000, section 122A.18, 34.14 subdivision 2a, is amended to read: 34.15 Subd. 2a. [READING STRATEGIES.] (a) All colleges and 34.16 universities approved by the board of teaching to prepare 34.17 persons for classroom teacher licensure must include in their 34.18 teacher preparation programs reading best practices that enable 34.19 classroom teacher licensure candidates to know how to teach 34.20 reading, such as phonics or other research-based best practices. 34.21 (b) Board-approved teacher preparation programs for 34.22 teachers of elementary education must require instruction in the 34.23 application of comprehensive, scientifically based, and balanced 34.24 reading instruction programs. 34.25 [EFFECTIVE DATE.] This section is effective for candidates 34.26 for initial licensure in year 2004 and later. 34.27 Sec. 8. Minnesota Statutes 2000, section 122A.18, is 34.28 amended by adding a subdivision to read: 34.29 Subd. 2b. [READING SPECIALIST.] Not later than July 1, 34.30 2002, the board of teaching must adopt rules providing for the 34.31 licensure of teachers of reading. 34.32 Sec. 9. Minnesota Statutes 2000, section 122A.24, 34.33 subdivision 3, is amended to read: 34.34 Subd. 3. [PROGRAM APPROVAL.] (a) The board of teaching 34.35 must approve alternative preparation programs based on criteria 34.36 adopted by the board. 35.1 (b)An alternative preparation program at a school35.2district, group of schools, or an education district must be35.3affiliated with a post-secondary institution that has a teacher35.4preparation program.The board shall permit demonstration of 35.5 licensure competencies in school-based and other nontraditional 35.6 pathways to teacher licensure. 35.7 Sec. 10. Minnesota Statutes 2000, section 122A.25, is 35.8 amended by adding a subdivision to read: 35.9 Subd. 4. [BACKGROUND CHECK.] A school district or charter 35.10 school shall provide the board of teaching with confirmation 35.11 that criminal background checks have been completed for all 35.12 nonlicensed community experts employed by the district or 35.13 charter school and approved by the board of teaching under this 35.14 section. 35.15 Sec. 11. [122A.275] [ALTERNATIVE COMPETENCY-BASED 35.16 LICENSING FOR SCHOOL ADMINISTRATORS.] 35.17 Subdivision 1. [COMMISSIONER APPROVAL.] Notwithstanding 35.18 other law to the contrary, the commissioner of children, 35.19 families, and learning, subject to the requirements under 35.20 subdivision 2, shall approve competency-based administrative 35.21 licensure programs offered by organizations other than colleges 35.22 and universities that prepare people to serve as community 35.23 education directors, special education directors, principals, or 35.24 superintendents. 35.25 Subd. 2. [ORGANIZATION REQUIREMENTS.] (a) Organizations 35.26 seeking approval to prepare persons for licensure under this 35.27 section shall submit to the commissioner the following 35.28 information in the form and manner the commissioner prescribes: 35.29 (1) verify the organization's commitment to the licensure 35.30 program; 35.31 (2) describe the procedures for implementing the licensure 35.32 program; 35.33 (3) describe the role for which persons who enroll in the 35.34 licensure program are being prepared; and 35.35 (4) list, for the applicable licensure area, specific 35.36 references to the competencies required by Minnesota Rules, part 36.1 3512.0500, subparts 2 to 22, for principals; part 3512.1100, 36.2 subparts 2 to 7, for superintendents; part 3512.3500, subparts 2 36.3 and 3, items A to G, for community education directors; or part 36.4 3512.4000, subpart 2, item A, and subpart 3, items A and B, for 36.5 directors of special education. 36.6 (b) The administrative licensure program must be competency 36.7 based, and include a preassessment and postassessment evaluation 36.8 of the applicant's competence. Administrative licensure program 36.9 officials must develop, with the applicant, a personalized 36.10 learning plan to ensure that the applicant develops a high level 36.11 of competence in the applicant's respective licensure area. 36.12 (c) The administrative licensure program must require the 36.13 program applicant to successfully complete a practicum of at 36.14 least 320 hours under the immediate supervision of a person 36.15 holding the licensure for which the applicant is applying. 36.16 [EFFECTIVE DATE.] This section is effective the day 36.17 following final enactment. 36.18 Sec. 12. Minnesota Statutes 2000, section 122A.40, 36.19 subdivision 7, is amended to read: 36.20 Subd. 7. [TERMINATION OF CONTRACT AFTER PROBATIONARY 36.21 PERIOD.] (a) A teacher who has completed a probationary period 36.22 in any district, and who has not been discharged or advised of a 36.23 refusal to renew the teacher's contractpursuant tounder 36.24 subdivision 5, shall elect to have a continuing contract with 36.25 such district where contract terms and conditions, including 36.26 salary and salary increases, are established based either on the 36.27 length of the school calendar or an extended school calendar 36.28 under section 120A.415. Thereafter, the teacher's contract must 36.29 remain in full force and effect, except as modified by mutual 36.30 consent of the board and the teacher, until terminated by a 36.31 majority roll call vote of the full membership of the board 36.32 prior to April 1 upon one of the grounds specified in 36.33 subdivision 9 or July 1 upon one of the grounds specified in 36.34 subdivision 10 or 11, or until the teacher is discharged 36.35 pursuant to subdivision 13, or by the written resignation of the 36.36 teacher submitted prior to April 1. If an agreement as to the 37.1 terms and conditions of employment for the succeeding school 37.2 year has not been adopted pursuant to the provisions of sections 37.3 179A.01 to 179A.25 prior to March 1, the teacher's right of 37.4 resignation is extended to the 30th calendar day following the 37.5 adoption of said contract in compliance with section 179A.20, 37.6 subdivision 5. Such written resignation by the teacher is 37.7 effective as of June 30 if submitted prior to that date and the 37.8 teachers' right of resignation for the school year then 37.9 beginning shall cease on July 15. Before a teacher's contract 37.10 is terminated by the board, the board must notify the teacher in 37.11 writing and state its ground for the proposed termination in 37.12 reasonable detail together with a statement that the teacher may 37.13 make a written request for a hearing before the board within 14 37.14 days after receipt of such notification. If the grounds are 37.15 those specified in subdivision 9 or 13, the notice must also 37.16 state a teacher may request arbitration under subdivision 15. 37.17 Within 14 days after receipt of this notification the teacher 37.18 may make a written request for a hearing before the board or an 37.19 arbitrator and it shall be granted upon reasonable notice to the 37.20 teacher of the date set for hearing, before final action is 37.21 taken. If no hearing is requested within such period, it shall 37.22 be deemed acquiescence by the teacher to the board's action. 37.23 Such termination shall take effect at the close of the school 37.24 year in which the contract is terminated in the manner 37.25 aforesaid. Such contract may be terminated at any time by 37.26 mutual consent of the board and the teacher and this section 37.27 does not affect the powers of a board to suspend, discharge, or 37.28 demote a teacher under and pursuant to other provisions of law. 37.29 (b) A teacher electing to have a continuing contract based 37.30 on the extended school calendar under section 120A.415 must 37.31 participate in staff development training under subdivision 7a 37.32 and shall receive an increased base salary. 37.33 [EFFECTIVE DATE.] This section is effective for the 37.34 2001-2002 school year and thereafter. 37.35 Sec. 13. Minnesota Statutes 2000, section 122A.40, is 37.36 amended by adding a subdivision to read: 38.1 Subd. 7a. [ADDITIONAL STAFF DEVELOPMENT AND SALARY.] (a) A 38.2 teacher electing to have a continuing contract based on the 38.3 extended school calendar under section 120A.415 must participate 38.4 in a total number of staff development days where the total 38.5 number of such days equals the difference between the total 38.6 number of days of student instruction and 240 days. Staff 38.7 development includes peer mentoring, peer gathering, continuing 38.8 education, professional development, or other training. A 38.9 school board may schedule such days throughout the calendar 38.10 year. Staff development programs provided during such days 38.11 shall enable teachers to achieve the staff development outcomes 38.12 under section 122A.60, subdivision 3. 38.13 (b) A public employer and the exclusive representative of 38.14 the teachers must include terms in the collective bargaining 38.15 agreement for all teachers who participate in additional staff 38.16 development days under paragraph (a) that increase base salaries. 38.17 [EFFECTIVE DATE.] This section is effective for the 38.18 2001-2002 school year and thereafter. 38.19 Sec. 14. Minnesota Statutes 2000, section 122A.41, 38.20 subdivision 4, is amended to read: 38.21 Subd. 4. [PERIOD OF SERVICE AFTER PROBATIONARY PERIOD; 38.22 DISCHARGE OR DEMOTION.] (a) After the completion of such 38.23 probationary period, without discharge, such teachers as are 38.24 thereupon reemployed shall continue in service and hold their 38.25 respective position during good behavior and efficient and 38.26 competent service and must not be discharged or demoted except 38.27 for cause after a hearing. The terms and conditions of a 38.28 teacher's employment contract, including salary and salary 38.29 increases, must be based either on the length of the school year 38.30 or an extended school calendar under section 120A.415. 38.31 (b) A probationary teacher is deemed to have been 38.32 reemployed for the ensuing school year, unless the school board 38.33 in charge of such school gave such teacher notice in writing 38.34 before July 1 of the termination of such employment. 38.35 (c) A teacher electing to have an employment contract based 38.36 on the extended school calendar under section 120A.415 must 39.1 participate in staff development training under subdivision 4a 39.2 and shall receive an increased base salary. 39.3 [EFFECTIVE DATE.] This section is effective for the 39.4 2001-2002 school year and thereafter. 39.5 Sec. 15. Minnesota Statutes 2000, section 122A.41, is 39.6 amended by adding a subdivision to read: 39.7 Subd. 4a. [ADDITIONAL STAFF DEVELOPMENT AND SALARY.] (a) A 39.8 teacher electing to have a continuing contract based on the 39.9 extended school calendar under section 120A.415 must participate 39.10 in a total number of staff development days where the total 39.11 number of such days equals the difference between the total 39.12 number of days of student instruction and 240 days. Staff 39.13 development includes peer mentoring, peer gathering, continuing 39.14 education, professional development, or other training. A 39.15 school board may schedule such days throughout the calendar 39.16 year. Staff development programs provided during such days 39.17 shall enable teachers to achieve the staff development outcomes 39.18 under section 122A.60, subdivision 3. 39.19 (b) A public employer and the exclusive representative of 39.20 the teachers must include terms in the collective bargaining 39.21 agreement for all teachers who participate in additional staff 39.22 development days under paragraph (a) that increase base salaries. 39.23 [EFFECTIVE DATE.] This section is effective for the 39.24 2001-2002 school year and thereafter. 39.25 Sec. 16. Minnesota Statutes 2000, section 122A.41, is 39.26 amended by adding a subdivision to read: 39.27 Subd. 5a. [PROBATIONARY PERIOD FOR PRINCIPALS HIRED 39.28 INTERNALLY.] A board and the exclusive representative of the 39.29 school principals in the district may negotiate a plan for a 39.30 probationary period of up to two school years for licensed 39.31 teachers employed by the board who are subsequently employed by 39.32 the board as a licensed school principal. 39.33 [EFFECTIVE DATE.] This section is effective for the 39.34 2001-2002 school year and following. 39.35 Sec. 17. Minnesota Statutes 2000, section 122A.41, 39.36 subdivision 7, is amended to read: 40.1 Subd. 7. [HEARING OF CHARGES AGAINST TEACHER.] The charges 40.2 against a teacher must be in writing and signed by the person 40.3 making the same and then filed with the secretary or clerk of 40.4 the school board having charge of the school in which the 40.5 teacher is employed. Before the school board, before40.6discharging or demotingdischarges or demotes a teacher,must40.7then accord the teacher against whom charges have been filed a40.8full hearing and give to the teacher at least ten days' notice40.9in writing of the time and place of such hearing. The notice40.10may be served personally or sent by certified mail addressed to40.11the teacher at the teacher's last known post office address.the 40.12 board must notify the teacher in writing and state in reasonable 40.13 detail its grounds for the proposed discharge or demotion, 40.14 together with a statement that the teacher may request in 40.15 writing within ten days after receiving the notice a hearing 40.16 before the board. The board may have the notice served 40.17 personally or may send it by certified mail addressed to the 40.18 teacher at the teacher's last known post office address. The 40.19 teacher, under subdivision 13, also may elect a hearing before 40.20 an arbitrator instead of the school board. Within ten days 40.21 after receiving the notice the teacher may request in writing a 40.22 hearing before the board or an arbitrator and it shall be 40.23 granted. The teacher must be given reasonable notice of the 40.24 time and place of the hearing before final action is taken. A 40.25 teacher who fails to request a hearing within ten days is 40.26 considered to acquiesce in the board's action. If the charge is 40.27 made by a person not connected with the school system the charge 40.28 may be disregarded by the school board. If the grounds are 40.29 those specified in subdivision 6, clause (1), (2), (3), or (4), 40.30 the notice must also state a teacher may request arbitration 40.31 under subdivision 13. At the hearing, the school board or 40.32 arbitrator shall hear all evidence that may be adduced in 40.33 support of the charges and for the teacher's defense to the 40.34 charges. Either party has the right to have a written record of 40.35 the hearing at the expense of the board and to have witnesses 40.36 subpoenaed and all witnesses so subpoenaed must be examined 41.1 under oath. Any member of the school board conducting such a 41.2 hearing has authority to issue subpoenas and to administer oaths 41.3 to witnesses. 41.4 [EFFECTIVE DATE.] This section is effective for the 41.5 2002-2003 school year and following. 41.6 Sec. 18. Minnesota Statutes 2000, section 122A.41, 41.7 subdivision 13, is amended to read: 41.8 Subd. 13. [HEARING AND DETERMINATION BY ARBITRATOR.] A 41.9 teacher against whom charges have been filed alleging any cause 41.10 for discharge or demotion specified in subdivision 6, clause 41.11 (1), (2), (3), or (4), may elect a hearing before an arbitrator 41.12 instead of the school board. The hearing is governed by this 41.13 subdivision. 41.14 (a) The teacher must make a written request for a hearing 41.15 before an arbitrator within ten days after receiving a written 41.16 notice of the filing of charges required by subdivision 7. 41.17 Failure to request a hearing before an arbitrator during this 41.18 period is considered acquiescence toa hearing beforethe 41.19boardboard's action. 41.20 (b) If the teacher and the school board are unable to 41.21 mutually agree on an arbitrator, the board must request from the 41.22 bureau of mediation services a list of five persons to serve as 41.23 an arbitrator. If the teacher and the school board are unable 41.24 to mutually agree on an arbitrator from the list provided, the 41.25 parties shall alternately strike names from the list until the 41.26 name of one arbitrator remains. The person remaining after the 41.27 striking procedure must be the arbitrator. If the parties are 41.28 unable to agree on who shall strike the first name, the question 41.29 must be decided by a flip of a coin. The teacher and the board 41.30 must share equally the costs and fees of the arbitrator. 41.31 (c) The arbitrator shall determine, by a preponderance of 41.32 the evidence, whether the causes specified in subdivision 6, 41.33 clause (1), (2), (3), or (4), exist to support the proposed 41.34 discharge or demotion. A lesser penalty than discharge or 41.35 demotion may be imposed by the arbitrator only to the extent 41.36 that either party proposes such lesser penalty in the 42.1 proceeding. In making the determination, the arbitration 42.2 proceeding is governed by sections 572.11 to 572.17 and by the 42.3 collective bargaining agreement applicable to the teacher. 42.4 (d) An arbitration hearing conducted under this subdivision 42.5 is a meeting for preliminary consideration of allegations or 42.6 charges within the meaning of section 13D.05, subdivision 3, 42.7 paragraph (a), and must be closed, unless the teacher requests 42.8 it to be open. 42.9 (e) The arbitrator's decision is final and binding on the 42.10 parties, subject to sections 572.18 to 572.26. 42.11 [EFFECTIVE DATE.] This section is effective for the 42.12 2002-2003 school year and following. 42.13 Sec. 19. Minnesota Statutes 2000, section 122A.64, is 42.14 amended to read: 42.15 122A.64 [TEACHERS OF COLORMULTICULTURAL EDUCATORS 42.16 PROGRAM.] 42.17 Subdivision 1. [DEFINITION.] For purposes of this 42.18 section,"people of color" means permanent United States42.19residents who are African-American, American Indian or Alaskan42.20native, Asian or Pacific Islander, or Hispanic"multicultural 42.21 educator" means a person with significant personal or 42.22 professional experience with communities of color and an 42.23 interest in teaching to enhance the educational achievement and 42.24 success of Minnesota's multicultural schools. 42.25 Subd. 2. [GRANTS.] The commissioner of children, families, 42.26 and learning in consultation with the desegregation/integration 42.27 advisory board established in section 124D.892, subdivision 3, 42.28 shall award grants for professional development programs to 42.29 recruit and educatepeople of colormulticultural educators in 42.30 the field of education, including early childhood and parent 42.31 education. Grant applicants must be a school district with a 42.32 growing minority population working in collaboration with a 42.33 state institution of higher education with an approved teacher 42.34 licensure program or an approved early childhood or parent 42.35 education licensure program. 42.36 Subd. 3. [PROGRAM REQUIREMENTS.] (a) A grant recipient 43.1 must recruitpersons of colormulticultural educators to be 43.2 teachers in elementary, secondary, early childhood or parent 43.3 education, and provide support in linking program participants 43.4 with jobs in the recipient's school district. 43.5 (b) A grant recipient must establish an advisory council 43.6 composed of representatives of communities of color. 43.7 (c) A grant recipient, with the assistance of the advisory 43.8 council, must recruit high school students and other persons, 43.9 including educational paraprofessionals, support them through 43.10 the higher education application and admission process, advise 43.11 them while enrolled and link them with support resources in the 43.12 college or university and the community. 43.13 (d) A grant recipient must award stipends tostudents of43.14colormulticultural educator program participants enrolled in an 43.15 approved licensure program to help cover the costs of tuition, 43.16 student fees, supplies, and books. Stipend awards must be based 43.17 on a student's financial need and students must apply for any 43.18 additional financial aid they are eligible for to supplement 43.19 this program. No more than ten percent of the grant may be used 43.20 for costs of administering the program. Students must agree to 43.21 teach in the grantee school district for at least two years 43.22 after licensure. If the district has no licensed positions 43.23 open, the student may teach in another district in Minnesota. 43.24 (e) The commissioner of children, families, and learning 43.25 shall consider the following criteria in awarding grants: 43.26 (1) whether the program is likely to increase the 43.27 recruitment and retention ofstudents of colormulticultural 43.28 educator program participants in teaching; 43.29 (2) whether grant recipients will recruit paraprofessionals 43.30 from the district to work in its schools; and 43.31 (3) whether grant recipients will establish or have a 43.32 mentoring program forstudents of colormulticultural educator 43.33 program participants. 43.34 Sec. 20. Minnesota Statutes 2000, section 124D.03, 43.35 subdivision 4, is amended to read: 43.36 Subd. 4. [DESEGREGATION DISTRICT TRANSFERS.] (a) This 44.1 subdivision applies to a transfer into or out of a district that 44.2 has a desegregation plan approved by the commissioner of 44.3 children, families, and learning. 44.4 (b) An application to transfer may be submitted at any time 44.5 for enrollment beginning at any time. 44.6 (c)The parent or guardian of a pupil who is a resident of44.7a district that has a desegregation plan must submit an44.8application to the resident district. If the district accepts44.9the application, it must forward the application to the44.10nonresident district.44.11(d) The parent or guardian of a pupil who applies for44.12enrollment in a nonresident district that has a desegregation44.13plan must submit an application to the nonresident district.44.14(e) Each district must accept or reject an application it44.15receives and notify the parent or guardian in writing within 3044.16calendar days of receiving the application. A notification of44.17acceptance must include the date enrollment can begin.44.18(f) If an application is rejected, the district must state44.19the reason for rejection in the notification. If a district44.20that has a desegregation plan rejects an application for a44.21reason related to the desegregation plan, the district must44.22state with specificity how acceptance of the application would44.23result in noncompliance with department of children, families,44.24and learning rules with respect to the school or program for44.25which application was made.44.26(g) If an application is accepted, the parent or guardian44.27must notify the nonresident district in writing within 1544.28calendar days of receiving the acceptance whether the pupil44.29intends to enroll in the nonresident district. Notice of44.30intention to enroll obligates the pupil to enroll in the44.31nonresident district, unless the boards of the resident and44.32nonresident districts agree otherwise. If a parent or guardian44.33does not notify the nonresident district, the pupil may not44.34enroll in that nonresident district at that time, unless the44.35boards of the resident and nonresident district agree otherwise.44.36(h) Within 15 calendar days of receiving the notice from45.1the parent or guardian, the nonresident district shall notify45.2the resident district in writing of the pupil's intention to45.3enroll in the nonresident district.45.4(i)A pupil enrolled in a nonresident district underthis45.5subdivisiona desegregation plan approved by the commissioner of 45.6 children, families, and learning is not required to make annual 45.7 or periodic application for enrollment but may remain enrolled 45.8 in the same district. A pupil may transfer to the resident 45.9 district at any time. 45.10 (d) Section 124D.03, subdivision 2, applies to a transfer 45.11 into or out of a district with a desegregation plan. 45.12(j) A pupil enrolled in a nonresident district and applying45.13to transfer into or out of a district that has a desegregation45.14plan must follow the procedures of this subdivision. For the45.15purposes of this type of transfer, "resident district" means the45.16nonresident district in which the pupil is enrolled at the time45.17of application.45.18(k) A district that has a desegregation plan approved by45.19the commissioner must accept or reject each individual45.20application in a manner that will enable compliance with its45.21desegregation plan.45.22 Sec. 21. Minnesota Statutes 2000, section 124D.10, 45.23 subdivision 1, is amended to read: 45.24 Subdivision 1. [PURPOSES.](a)The purpose of this section 45.25 is to: 45.26 (1) improve pupil learning; 45.27 (2) increase learning opportunities for pupils; 45.28 (3) encourage the use of different and innovative teaching 45.29 methods; 45.30 (4) require the measurement of learning outcomes and create 45.31 different and innovative forms of measuring outcomes; 45.32 (5) establish new forms of accountability for schools;or45.33 (6) create new professional opportunities for teachers, 45.34 including the opportunity to be responsible for the learning 45.35 program at the school site; 45.36 (7) test new and more accountable, results-based forms of 46.1 oversight and accountability for schools; 46.2 (8) focus state oversight on the role of sponsors of 46.3 charter schools; or 46.4 (9) encourage school boards to make full use of the 46.5 opportunities provided by this section. 46.6(b) This section does not provide a means to keep open a46.7school that otherwise would be closed. Applicants in these46.8circumstances bear the burden of proving that conversion to a46.9charter school fulfills a purpose specified in this subdivision,46.10independent of the school's closing.46.11 Sec. 22. Minnesota Statutes 2000, section 124D.10, 46.12 subdivision 4, is amended to read: 46.13 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may 46.14 authorize one or more licensed teachers under section 122A.18, 46.15 subdivision 1, to operate a charter school subject to approval 46.16 by the commissioner. A board must vote on charter school 46.17 application for sponsorship no later than 90 days after 46.18 receiving the application. After 90 days, the applicant may 46.19 apply to the commissioner. If a board elects not to sponsor a 46.20 charter school, the applicant may appeal the board's decision to 46.21 the commissioner.If the commissioner authorizes the school,46.22the commissioner must sponsor the school according to this46.23section.The commissioner may elect to sponsor the charter 46.24 school or assist the applicant in finding an eligible sponsor. 46.25 The school must be organized and operated as a cooperative under 46.26 chapter 308A or nonprofit corporation under chapter 317A. 46.27 (b) Before the operators may form and operate a school, the 46.28 sponsor must file an affidavit with the commissioner stating its 46.29 intent to authorize a charter school. The affidavit must state 46.30 the terms and conditions under which the sponsor would authorize 46.31 a charter school. The commissioner must approve or disapprove 46.32 the sponsor's proposed authorization within 60 days of receipt 46.33 of the affidavit. Failure to obtain commissioner approval 46.34 precludes a sponsor from authorizing the charter school that was 46.35 the subject of the affidavit. 46.36 (c) The operators authorized to organize and operate a 47.1 school must hold an election for members of the school's board 47.2 of directors in a timely manner after the school is operating. 47.3 Any staff members who are employed at the school, including 47.4 teachers providing instruction under a contract with a 47.5 cooperative, and all parents of children enrolled in the school 47.6 may participate in the election. Licensed teachers employed at 47.7 the school, including teachers providing instruction under a 47.8 contract with a cooperative, must be a majority of the members 47.9 of the board of directors, unless the commissioner waives the 47.10 requirement for the school. A provisional board may operate 47.11 before the election of the school's board of directors. Board 47.12 of director meetings must comply with chapter 13D. 47.13 (d) The granting or renewal of a charter by a sponsoring 47.14 entity must not be conditioned upon the bargaining unit status 47.15 of the employees of the school. 47.16 Sec. 23. Minnesota Statutes 2000, section 124D.10, 47.17 subdivision 8, is amended to read: 47.18 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter 47.19 school shall meet all applicable state and local health and 47.20 safety requirements. 47.21 (b) A school sponsored by a school board may be located in 47.22 any district, unless the school board of the district of the 47.23 proposed location disapproves by written resolution.If such a47.24board denies a request to locate within its boundaries a charter47.25school sponsored by another school board, the sponsoring school47.26board may appeal to the commissioner. If the commissioner47.27authorizes the school, the commissioner must sponsor the school.47.28 (c) A charter school must be nonsectarian in its programs, 47.29 admission policies, employment practices, and all other 47.30 operations. A sponsor may not authorize a charter school or 47.31 program that is affiliated with a nonpublic sectarian school or 47.32 a religious institution. 47.33 (d) Charter schools must not be used as a method of 47.34 providing education or generating revenue for students who are 47.35 being home-schooled. 47.36 (e) The primary focus of a charter school must be to 48.1 provide a comprehensive program of instruction for at least one 48.2 grade or age group from five through 18 years of age. 48.3 Instruction may be provided to people younger than five years 48.4 and older than 18 years of age. 48.5 (f) A charter school may not charge tuition. 48.6 (g) A charter school is subject to and must comply with 48.7 chapter 363 and section 121A.04. 48.8 (h) A charter school is subject to and must comply with the 48.9 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 48.10 Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 48.11 (i) A charter school is subject to the same financial 48.12 audits, audit procedures, and audit requirements as a district. 48.13 Audits must be conducted in compliance with generally accepted 48.14 governmental auditing standards, the Federal Single Audit Act, 48.15 if applicable, and section 6.65. A charter school is subject to 48.16 and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 48.17 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 48.18 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 48.19 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must 48.20 comply with the requirements of sections 123B.75 to 123B.83, 48.21 except to the extent deviations are necessary because of the 48.22 program at the school. Deviations must be approved by the 48.23 commissioner. The department of children, families, and 48.24 learning, state auditor, or legislative auditor may conduct 48.25 financial, program, or compliance audits. A charter school 48.26 determined to be in statutory operating debt under sections 48.27 123B.81 to 123B.83 must submit a plan under section 123B.81, 48.28 subdivision 4. 48.29 (j) A charter school is a district for the purposes of tort 48.30 liability under chapter 466. 48.31 Sec. 24. Minnesota Statutes 2000, section 124D.59, 48.32 subdivision 2, is amended to read: 48.33 Subd. 2. [PUPIL OF LIMITED ENGLISH PROFICIENCY.] "Pupil of 48.34 limited English proficiency" means a pupilin any of the grades48.35of kindergarten through 12who meets the following requirements: 48.36 (1) the pupil in kindergarten through grade 12, as declared 49.1 by a parent or guardian first learned a language other than 49.2 English, comes from a home where the language usually spoken is 49.3 other than English, or usually speaks a language other than 49.4 English; and 49.5 (2)the pupil's score is significantly below the average49.6district score for pupils of the same age on a nationally normed49.7English reading or English language arts achievement test. A49.8pupil's score shall be considered significantly below the49.9average district score for pupils of the same age if it is49.10one-third of a standard deviation below that average scorefor a 49.11 pupil in kindergarten through grade 2, the pupil is determined 49.12 by developmentally appropriate measures, which might include 49.13 observations, teacher judgment, parent recommendations, or 49.14 developmentally appropriate assessment instruments, to lack the 49.15 necessary English skills to participate fully in classes taught 49.16 in English; or 49.17 (3) the pupil in grades 3 through 12 scores below the state 49.18 cutoff score on an assessment measuring emerging academic 49.19 English provided by the commissioner. 49.20 [EFFECTIVE DATE.] This section is effective for the 49.21 2002-2003 school year and later. 49.22 Sec. 25. Minnesota Statutes 2000, section 124D.84, 49.23 subdivision 1, is amended to read: 49.24 Subdivision 1. [AWARDS.] The commissioner, with the advice 49.25 and counsel of the Minnesota Indianscholarshipeducation 49.26 committee, may award scholarships to any Minnesota resident 49.27 student who is of one-fourth or more Indian ancestry, who has 49.28 applied for other existing state and federal scholarship and 49.29 grant programs, and who, in the opinion of the commissioner, has 49.30 the capabilities to benefit from further education. 49.31 Scholarships must be for accredited degree programs in 49.32 accredited Minnesota colleges or universities or for courses in 49.33 accredited Minnesota business, technical, or vocational 49.34 schools. Scholarships may also be given to students attending 49.35 Minnesota colleges that are in candidacy status for obtaining 49.36 full accreditation, and are eligible for and receiving federal 50.1 financial aid programs. Students are also eligible for 50.2 scholarships when enrolled as students in Minnesota higher 50.3 education institutions that have joint programs with other 50.4 accredited higher education institutions. Scholarships shall be 50.5 used to defray the total cost of education including tuition, 50.6 incidental fees, books, supplies, transportation, other related 50.7 school costs and the cost of board and room and shall be paid 50.8 directly to the college or school concerned where the student 50.9 receives federal financial aid. The total cost of education 50.10 includes all tuition and fees for each student enrolling in a 50.11 public institution and the portion of tuition and fees for each 50.12 student enrolling in a private institution that does not exceed 50.13 the tuition and fees at a comparable public institution. Each 50.14 student shall be awarded a scholarship based on the total cost 50.15 of the student's education and a federal standardized need 50.16 analysis. Applicants are encouraged to apply for all other 50.17 sources of financial aid. The amount and type of each 50.18 scholarship shall be determined through the advice and counsel 50.19 of the Minnesota Indianscholarshipeducation committee. 50.20 When an Indian student satisfactorily completes the work 50.21 required by a certain college or school in a school year the 50.22 student is eligible for additional scholarships, if additional 50.23 training is necessary to reach the student's educational and 50.24 vocational objective. Scholarships may not be given to any 50.25 Indian student for more than five years of study without special 50.26approvalrecommendation of the Minnesota Indianscholarship50.27 education committee. 50.28 Sec. 26. Minnesota Statutes 2000, section 124D.892, 50.29 subdivision 1, is amended to read: 50.30 Subdivision 1. [ESTABLISHMENT.] (a) An office of 50.31 desegregation/integration is established in the department of 50.32 children, families, and learning to coordinate and support 50.33 activities related to student enrollment, student and staff 50.34 recruitment and retention, transportation, and interdistrict 50.35 cooperation amongmetropolitanschool districts. 50.36 (b) At the request of ametropolitanschool district 51.1 involved in cooperative desegregation/integration efforts, the 51.2 office shall perform any of the following activities: 51.3 (1) assist districts with interdistrict student transfers, 51.4 including student recruitment, counseling, placement, and 51.5 transportation; 51.6 (2) coordinate and disseminate information about schools 51.7 and programs; 51.8 (3) assist districts with new magnet schools and programs; 51.9 (4) assist districts in providing staff development and 51.10 in-service training; and 51.11 (5) coordinate and administer staff exchanges. 51.12 (c) The office shall collect data on the efficacy of 51.13 districts' desegregation/integration efforts and make 51.14 recommendations based on the data. The office shall 51.15 periodically consult with the metropolitan council to coordinate 51.16 metropolitan school desegregation/integration efforts with the 51.17 housing, social, economic, and infrastructure needs of the 51.18 metropolitan area. The office shall develop a process for 51.19 resolving students' disputes and grievances about student 51.20 transfers under a desegregation/integration plan. 51.21 Sec. 27. Minnesota Statutes 2000, section 124D.892, 51.22 subdivision 3, is amended to read: 51.23 Subd. 3. [ADVISORY BOARD.] The commissioner shall 51.24 establish an advisory board composed of: 51.25 (1) nine superintendents, eight shall be selected by the 51.26 superintendents of the school districts located in whole or in 51.27 part within each of the eight metropolitan districts established 51.28 under section 473.123, subdivision 3c, and one superintendent of 51.29 a district outside the seven-county metropolitan area and is 51.30 from a district that is considered racially isolated or has a 51.31 racially isolated school site according to Minnesota Rules, part 51.32 3535.0110; 51.33 (2) one person each selected by the Indian affairs council, 51.34 the council on Asian-Pacific Minnesotans, the council on Black 51.35 Minnesotans, and the council on affairs of Chicano/Latino 51.36 people; and 52.1 (3) the superintendent of independent school district No. 52.2 709, Duluth. 52.3 The advisory board shall advise the office on complying 52.4 with the requirements under subdivision 1. The advisory board 52.5 may solicit comments from teachers, parents, students, and 52.6 interested community organizations and others. 52.7 The advisory board shall expire June 30, 2003. 52.8 Sec. 28. Minnesota Statutes 2000, section 124D.894, is 52.9 amended to read: 52.10 124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 52.11 COMMITTEE.] 52.12 (a) The commissioner shall appoint a state multicultural 52.13 education advisory committee to advise the department and the 52.14 state board on multicultural education. The committee must have 52.15 12 members and be composed of representatives from among the 52.16 following groups and community organizations: African-American, 52.17 Asian-Pacific, Hispanic, and American Indian. The committee 52.18 shall expire June 30, 2003. 52.19 (b) The state committee shall provide information and 52.20 recommendations on: 52.21 (1) department procedures for reviewing and approving 52.22 district plans and disseminating information on multicultural 52.23 education; 52.24 (2) department procedures for improving inclusive education 52.25 plans, curriculum and instruction improvement plans, and 52.26 performance-based assessments; 52.27 (3) developing learner outcomes which are multicultural; 52.28 and 52.29 (4) other recommendations that will further inclusive, 52.30 multicultural education. 52.31 (c) The committee shall also participate in determining the 52.32 criteria for and awarding the grants established under Laws 52.33 1993, chapter 224, article 8, section 22, subdivision 8. 52.34 Sec. 29. Minnesota Statutes 2000, section 129C.10, 52.35 subdivision 3, is amended to read: 52.36 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 53.1 the powers necessary for the care, management, and control of 53.2 the Perpich center for arts education and all its real and 53.3 personal property. The powers shall include, but are not 53.4 limited to, those listed in this subdivision. 53.5 (b) The board may employ and discharge necessary employees, 53.6 and contract for other services to ensure the efficient 53.7 operation of the center for arts education. 53.8 (c) The board may receive and award grants. The board may 53.9 establish a charitable foundation and accept, in trust or 53.10 otherwise, any gift, grant, bequest, or devise for educational 53.11 purposes and hold, manage, invest, and dispose of them and the 53.12 proceeds and income of them according to the terms and 53.13 conditions of the gift, grant, bequest, or devise and its 53.14 acceptance. The board must adopt internal procedures to 53.15 administer and monitor aids and grants. 53.16 (d) The board may establish or coordinate evening, 53.17 continuing education, extension, and summer programs for 53.18 teachers and pupils. 53.19 (e) The board may identify pupils who have artistic talent, 53.20 either demonstrated or potential, in dance, literary arts, media 53.21 arts, music, theater, and visual arts, or in more than one art 53.22 form. 53.23 (f) The board must educate pupils with artistic talent by 53.24 providing: 53.25 (1) an interdisciplinary academic and arts program for 53.26 pupils in the 11th and 12th grades. The total number of pupils 53.27 accepted under this clause and clause (2) shall not exceed30053.28 310; 53.29 (2) additional instruction to pupils for a 13th grade. 53.30 Pupils eligible for this instruction are those enrolled in 12th 53.31 grade who need extra instruction and who apply to the board, or 53.32 pupils enrolled in the 12th grade who do not meet learner 53.33 outcomes established by the board; 53.34 (3) intensive arts seminars for one or two weeks for pupils 53.35 in grades 9 to 12; 53.36 (4) summer arts institutes for pupils in grades 9 to 12; 54.1 (5) artist mentor and extension programs in regional sites; 54.2 and 54.3 (6) teacher education programs for indirect curriculum 54.4 delivery. 54.5 (g) The board may determine the location for the Perpich 54.6 center for arts education and any additional facilities related 54.7 to the center, including the authority to lease a temporary 54.8 facility. 54.9 (h) The board must plan for the enrollment of pupils on an 54.10 equal basis from each congressional district. 54.11 (i) The board may establish task forces as needed to advise 54.12 the board on policies and issues. The task forces expire as 54.13 provided in section 15.059, subdivision 6. 54.14 (j) The board may request the commissioner of children, 54.15 families, and learning for assistance and services. 54.16 (k) The board may enter into contracts with other public 54.17 and private agencies and institutions for residential and 54.18 building maintenance services if it determines that these 54.19 services could be provided more efficiently and less expensively 54.20 by a contractor than by the board itself. The board may also 54.21 enter into contracts with public or private agencies and 54.22 institutions, school districts or combinations of school 54.23 districts, or service cooperatives to provide supplemental 54.24 educational instruction and services. 54.25 (l) The board may provide or contract for services and 54.26 programs by and for the center for arts education, including a 54.27 store, operating in connection with the center; theatrical 54.28 events; and other programs and services that, in the 54.29 determination of the board, serve the purposes of the center. 54.30 (m) The board may provide for transportation of pupils to 54.31 and from the center for arts education for all or part of the 54.32 school year, as the board considers advisable and subject to its 54.33 rules. Notwithstanding any other law to the contrary, the board 54.34 may charge a reasonable fee for transportation of pupils. Every 54.35 driver providing transportation of pupils under this paragraph 54.36 must possess all qualifications required by the commissioner of 55.1 children, families, and learning. The board may contract for 55.2 furnishing authorized transportation under rules established by 55.3 the commissioner of children, families, and learning and may 55.4 purchase and furnish gasoline to a contract carrier for use in 55.5 the performance of a contract with the board for transportation 55.6 of pupils to and from the center for arts education. When 55.7 transportation is provided, scheduling of routes, establishment 55.8 of the location of bus stops, the manner and method of 55.9 transportation, the control and discipline of pupils, and any 55.10 other related matter is within the sole discretion, control, and 55.11 management of the board. 55.12 (n) The board may provide room and board for its pupils. 55.13 If the board provides room and board, it shall charge a 55.14 reasonable fee for the room and board. The fee is not subject 55.15 to chapter 14 and is not a prohibited fee according to sections 55.16 123B.34 to 123B.39. 55.17 (o) The board may establish and set fees for services and 55.18 programs. If the board sets fees not authorized or prohibited 55.19 by the Minnesota public school fee law, it may do so without 55.20 complying with the requirements of section 123B.38. 55.21 (p) The board may apply for all competitive grants 55.22 administered by agencies of the state and other government or 55.23 nongovernment sources. 55.24 [EFFECTIVE DATE.] This section is effective for the 55.25 2001-2002 school year and later. 55.26 Sec. 30. Minnesota Statutes 2000, section 179A.20, 55.27 subdivision 3, is amended to read: 55.28 Subd. 3. [DURATION.] The duration of the contract is 55.29 negotiable but shall not exceed three years. Any contract 55.30 between a school board and an exclusive representative of 55.31 teachers shall be for a term of two years, beginning on July 1 55.32of each odd-numbered year, and may be for a term up to five 55.33 years by mutual agreement. A contract between a school board 55.34 and an exclusive representative of teachers shall contain the 55.35 teachers' compensation including fringe benefits for the 55.36 entiretwo-yearcontract term and shall not contain a wage 56.1 reopening clause or any other provision for the renegotiation of 56.2 the teachers' compensation unless the contract period has a term 56.3 of three years or longer and there is mutual agreement to reopen 56.4 the contract. 56.5 Sec. 31. Laws 2000, chapter 489, article 6, section 44, 56.6 subdivision 2, is amended to read: 56.7 Subd. 2. [MABEL-CANTON INDEPENDENT SCHOOL DISTRICT NO. 56.8 238.] Notwithstanding subdivision 1 and Minnesota Statutes, 56.9 section 120A.40, for the 2000-2001 school yearonlyand 56.10 thereafter, independent school district No. 238, Mabel-Canton, 56.11 may start the school year up to five weekdays before Labor Day 56.12 for the purpose of scheduling an additional academic term during 56.13 the regular school year. 56.14 Sec. 32. [RULES FOR LICENSURE OF SCHOOL ADMINISTRATIVE 56.15 PERSONNEL.] 56.16 The commissioner of children, families, and learning may 56.17 adopt, amend, or repeal rules relating to the licensure of 56.18 school administrative personnel in Minnesota Rules, chapter 3512. 56.19 Sec. 33. [PROFILE OF LEARNING REVISIONS.] 56.20 The commissioner of children, families, and learning must 56.21 report the recommendations responding to the Achieve report for 56.22 the revised content standards and learning areas to the 56.23 education committees of the legislature by January 1, 2002. 56.24 [EFFECTIVE DATE.] This section is effective the day 56.25 following final enactment. 56.26 Sec. 34. [GRADUATION RULE AMENDMENTS.] 56.27 (a) Beginning no later than July 1, 2001, the commissioner 56.28 may amend Minnesota Rules, chapter 3501, for state graduation 56.29 requirements according to paragraph (b) using the expedited 56.30 process under Minnesota Statutes, section 14.389. 56.31 (b) The commissioner shall: 56.32 (1) amend the heading of Minnesota Rules, part 3501.0449, 56.33 subpart 4, to read "personal and family financial management and 56.34 investment;" 56.35 (2) amend Minnesota Rules, part 3501.0468, subpart 3, to 56.36 include a "personal and family financial management and 57.1 investment" content standard; and 57.2 (3) require student completion of the "personal and family 57.3 financial management and investment" content standard at either 57.4 the middle school level or the high school level or both. 57.5 Sec. 35. [PARTICIPATION IN ATHLETIC ACTIVITIES; MSHSL 57.6 STUDY.] 57.7 The Minnesota state high school league must prepare a 57.8 written report by February 15, 2002, for the legislative 57.9 committees charged with overseeing kindergarten through grade 12 57.10 education policy that indicates the interest of charter school 57.11 students in participating in athletic activities available in 57.12 the students' resident district. The Minnesota state high 57.13 school league at least must: 57.14 (1) survey the students enrolled in the state's charter 57.15 schools to determine how interested the students are in 57.16 participating in various athletic activities offered by their 57.17 resident school district; 57.18 (2) review the ability of charter schools to independently 57.19 or through a cooperative sponsorship provide students with 57.20 various athletic activities; and 57.21 (3) determine whether the league's cooperative sponsorship 57.22 rules need to be amended to facilitate cooperative sponsorship 57.23 arrangements involving charter schools. The Minnesota state 57.24 high school league must cover the costs of this report. 57.25 [EFFECTIVE DATE.] This section is effective the day 57.26 following final enactment. 57.27 Sec. 36. [PROCESS TO ALLOW STUDENTS TO TAKE THE BASIC 57.28 SKILLS TEST AS EARLY AS FIFTH GRADE.] 57.29 The commissioner of children, families, and learning shall 57.30 develop a process to allow students to take the test of basic 57.31 requirements in reading, math, or writing beginning in grade 5. 57.32 The recommended process must include the parental or guardian 57.33 consent, a recommendation from the student's teacher to take a 57.34 test, and a policy that would limit the number of students who 57.35 take the test to only those that are likely to pass the test. 57.36 The commissioner shall consider options of an alternative test 58.1 or other methods that would preserve the statistical integrity 58.2 of the current scoring and sampling methods. The commissioner 58.3 shall report its recommendations to the education committees of 58.4 the legislature by February 1, 2002. 58.5 Sec. 37. [REPEALER.] 58.6 Minnesota Rules, part 3501.0280, subpart 3, is repealed. 58.7 ARTICLE 5 58.8 SPECIAL PROGRAMS 58.9 Section 1. Minnesota Statutes 2000, section 13.319, is 58.10 amended by adding a subdivision to read: 58.11 Subd. 7. [CHILD CARE ASSISTANCE PROGRAM.] Data collected 58.12 for purposes of administering the child care assistance program 58.13 are classified under section 119B.02, subdivision 6. 58.14 Sec. 2. Minnesota Statutes 2000, section 13.32, 58.15 subdivision 3, is amended to read: 58.16 Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 58.17 Except as provided in subdivision 5, educational data is private 58.18 data on individuals and shall not be disclosed except as follows: 58.19 (a) Pursuant to section 13.05; 58.20 (b) Pursuant to a valid court order; 58.21 (c) Pursuant to a statute specifically authorizing access 58.22 to the private data; 58.23 (d) To disclose information in health and safety 58.24 emergencies pursuant to the provisions of United States Code, 58.25 title 20, section 1232g(b)(1)(I) and Code of Federal 58.26 Regulations, title 34, section 99.36; 58.27 (e) Pursuant to the provisions of United States Code, title 58.28 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 58.29 (b)(3) and Code of Federal Regulations, title 34, sections 58.30 99.31, 99.32, 99.33, 99.34, and 99.35; 58.31 (f) To appropriate health authorities to the extent 58.32 necessary to administer immunization programs and for bona fide 58.33 epidemiologic investigations which the commissioner of health 58.34 determines are necessary to prevent disease or disability to 58.35 individuals in the public educational agency or institution in 58.36 which the investigation is being conducted; 59.1 (g) When disclosure is required for institutions that 59.2 participate in a program under title IV of the Higher Education 59.3 Act, United States Code, title 20, chapter 1092; 59.4 (h) To the appropriate school district officials to the 59.5 extent necessary under subdivision 6, annually to indicate the 59.6 extent and content of remedial instruction, including the 59.7 results of assessment testing and academic performance at a 59.8 post-secondary institution during the previous academic year by 59.9 a student who graduated from a Minnesota school district within 59.10 two years before receiving the remedial instruction; 59.11 (i) To appropriate authorities as provided in United States 59.12 Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 59.13 the juvenile justice system and the ability of the system to 59.14 effectively serve, prior to adjudication, the student whose 59.15 records are released; provided that the authorities to whom the 59.16 data are released submit a written request for the data that 59.17 certifies that the data will not be disclosed to any other 59.18 person except as authorized by law without the written consent 59.19 of the parent of the student and the request and a record of the 59.20 release are maintained in the student's file; 59.21 (j) To volunteers who are determined to have a legitimate 59.22 educational interest in the data and who are conducting 59.23 activities and events sponsored by or endorsed by the 59.24 educational agency or institution for students or former 59.25 students; 59.26 (k) To provide student recruiting information, from 59.27 educational data held by colleges and universities, as required 59.28 by and subject to Code of Federal Regulations, title 32, section 59.29 216; or 59.30 (l) To the juvenile justice system if information about the 59.31 behavior of a student who poses a risk of harm is reasonably 59.32 necessary to protect the health or safety of the student or 59.33 other individuals. 59.34 (m) With respect to social security numbers of students in 59.35 the adult basic education system, to Minnesota state colleges 59.36 and universities and the department of economic security for the 60.1 purpose and in the manner described in section 124D.52, 60.2 subdivision 7. 60.3 (n) To the commissioner of children, families, and learning 60.4 for purposes of an assessment or investigation of a report of 60.5 alleged maltreatment of a student as mandated by section 60.6 626.556. Upon request by the commissioner of children, 60.7 families, and learning, data that are relevant to a report of 60.8 maltreatment from charter school and school district 60.9 investigations of alleged maltreatment of a student must be 60.10 disclosed to the commissioner, including, but not limited to, 60.11 the following: 60.12 (1) information regarding the student alleged to have been 60.13 maltreated; 60.14 (2) information regarding student and employee witnesses; 60.15 (3) information regarding the alleged perpetrator; and 60.16 (4) what corrective or protective action was taken, if any, 60.17 by the school facility in response to a report of maltreatment 60.18 by an employee or agent of the school or school district. 60.19 Sec. 3. Minnesota Statutes 2000, section 13.43, is amended 60.20 by adding a subdivision to read: 60.21 Subd. 14. [MALTREATMENT DATA.] When a report of alleged 60.22 maltreatment of a student in a school facility, as defined in 60.23 section 626.556, subdivision 2, paragraph (f), is made to the 60.24 commissioner of children, families, and learning under section 60.25 626.556, data that are relevant to a report of maltreatment 60.26 collected by the school facility about the person alleged to 60.27 have committed maltreatment must be provided to the commissioner 60.28 of children, families, and learning upon request for purposes of 60.29 an assessment or investigation of the maltreatment report. Data 60.30 received by the commissioner of children, families, and learning 60.31 pursuant to these assessments or investigations are classified 60.32 under section 626.556. 60.33 Sec. 4. Minnesota Statutes 2000, section 13.46, 60.34 subdivision 2, is amended to read: 60.35 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 60.36 a statute specifically provides a different classification, data 61.1 on individuals collected, maintained, used, or disseminated by 61.2 the welfare system is private data on individuals, and shall not 61.3 be disclosed except: 61.4 (1) according to section 13.05; 61.5 (2) according to court order; 61.6 (3) according to a statute specifically authorizing access 61.7 to the private data; 61.8 (4) to an agent of the welfare system, including a law 61.9 enforcement person, attorney, or investigator acting for it in 61.10 the investigation or prosecution of a criminal or civil 61.11 proceeding relating to the administration of a program; 61.12 (5) to personnel of the welfare system who require the data 61.13 to determine eligibility, amount of assistance, and the need to 61.14 provide services of additional programs to the individual; 61.15 (6) to administer federal funds or programs; 61.16 (7) between personnel of the welfare system working in the 61.17 same program; 61.18 (8) the amounts of cash public assistance and relief paid 61.19 to welfare recipients in this state, including their names, 61.20 social security numbers, income, addresses, and other data as 61.21 required, upon request by the department of revenue to 61.22 administer the property tax refund law, supplemental housing 61.23 allowance, early refund of refundable tax credits, and the 61.24 income tax. "Refundable tax credits" means the dependent care 61.25 credit under section 290.067, the Minnesota working family 61.26 credit under section 290.0671, the property tax refund under 61.27 section 290A.04, and, if the required federal waiver or waivers 61.28 are granted, the federal earned income tax credit under section 61.29 32 of the Internal Revenue Code; 61.30 (9) between the department of human services, the 61.31 department of children, families, and learning, and the 61.32 department of economic security for the purpose of monitoring 61.33 the eligibility of the data subject for unemployment benefits, 61.34 for any employment or training program administered, supervised, 61.35 or certified by that agency, for the purpose of administering 61.36 any rehabilitation program or child care assistance program, 62.1 whether alone or in conjunction with the welfare system, or to 62.2 monitor and evaluate the Minnesota family investment program by 62.3 exchanging data on recipients and former recipients of food 62.4 stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 62.5 child care assistance under chapter 119B, or medical programs 62.6 under chapter 256B, 256D, or 256L; 62.7 (10) to appropriate parties in connection with an emergency 62.8 if knowledge of the information is necessary to protect the 62.9 health or safety of the individual or other individuals or 62.10 persons; 62.11 (11) data maintained by residential programs as defined in 62.12 section 245A.02 may be disclosed to the protection and advocacy 62.13 system established in this state according to Part C of Public 62.14 Law Number 98-527 to protect the legal and human rights of 62.15 persons with mental retardation or other related conditions who 62.16 live in residential facilities for these persons if the 62.17 protection and advocacy system receives a complaint by or on 62.18 behalf of that person and the person does not have a legal 62.19 guardian or the state or a designee of the state is the legal 62.20 guardian of the person; 62.21 (12) to the county medical examiner or the county coroner 62.22 for identifying or locating relatives or friends of a deceased 62.23 person; 62.24 (13) data on a child support obligor who makes payments to 62.25 the public agency may be disclosed to the higher education 62.26 services office to the extent necessary to determine eligibility 62.27 under section 136A.121, subdivision 2, clause (5); 62.28 (14) participant social security numbers and names 62.29 collected by the telephone assistance program may be disclosed 62.30 to the department of revenue to conduct an electronic data match 62.31 with the property tax refund database to determine eligibility 62.32 under section 237.70, subdivision 4a; 62.33 (15) the current address of a Minnesota family investment 62.34 program participant may be disclosed to law enforcement officers 62.35 who provide the name of the participant and notify the agency 62.36 that: 63.1 (i) the participant: 63.2 (A) is a fugitive felon fleeing to avoid prosecution, or 63.3 custody or confinement after conviction, for a crime or attempt 63.4 to commit a crime that is a felony under the laws of the 63.5 jurisdiction from which the individual is fleeing; or 63.6 (B) is violating a condition of probation or parole imposed 63.7 under state or federal law; 63.8 (ii) the location or apprehension of the felon is within 63.9 the law enforcement officer's official duties; and 63.10 (iii) the request is made in writing and in the proper 63.11 exercise of those duties; 63.12 (16) the current address of a recipient of general 63.13 assistance or general assistance medical care may be disclosed 63.14 to probation officers and corrections agents who are supervising 63.15 the recipient and to law enforcement officers who are 63.16 investigating the recipient in connection with a felony level 63.17 offense; 63.18 (17) information obtained from food stamp applicant or 63.19 recipient households may be disclosed to local, state, or 63.20 federal law enforcement officials, upon their written request, 63.21 for the purpose of investigating an alleged violation of the 63.22 Food Stamp Act, according to Code of Federal Regulations, title 63.23 7, section 272.1(c); 63.24 (18) the address, social security number, and, if 63.25 available, photograph of any member of a household receiving 63.26 food stamps shall be made available, on request, to a local, 63.27 state, or federal law enforcement officer if the officer 63.28 furnishes the agency with the name of the member and notifies 63.29 the agency that: 63.30 (i) the member: 63.31 (A) is fleeing to avoid prosecution, or custody or 63.32 confinement after conviction, for a crime or attempt to commit a 63.33 crime that is a felony in the jurisdiction the member is 63.34 fleeing; 63.35 (B) is violating a condition of probation or parole imposed 63.36 under state or federal law; or 64.1 (C) has information that is necessary for the officer to 64.2 conduct an official duty related to conduct described in subitem 64.3 (A) or (B); 64.4 (ii) locating or apprehending the member is within the 64.5 officer's official duties; and 64.6 (iii) the request is made in writing and in the proper 64.7 exercise of the officer's official duty; 64.8 (19) the current address of a recipient of Minnesota family 64.9 investment program, general assistance, general assistance 64.10 medical care, or food stamps may be disclosed to law enforcement 64.11 officers who, in writing, provide the name of the recipient and 64.12 notify the agency that the recipient is a person required to 64.13 register under section 243.166, but is not residing at the 64.14 address at which the recipient is registered under section 64.15 243.166; 64.16 (20) certain information regarding child support obligors 64.17 who are in arrears may be made public according to section 64.18 518.575; 64.19 (21) data on child support payments made by a child support 64.20 obligor and data on the distribution of those payments excluding 64.21 identifying information on obligees may be disclosed to all 64.22 obligees to whom the obligor owes support, and data on the 64.23 enforcement actions undertaken by the public authority, the 64.24 status of those actions, and data on the income of the obligor 64.25 or obligee may be disclosed to the other party; 64.26 (22) data in the work reporting system may be disclosed 64.27 under section 256.998, subdivision 7; 64.28 (23) to the department of children, families, and learning 64.29 for the purpose of matching department of children, families, 64.30 and learning student data with public assistance data to 64.31 determine students eligible for free and reduced price meals, 64.32 meal supplements, and free milk according to United States Code, 64.33 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 64.34 allocate federal and state funds that are distributed based on 64.35 income of the student's family; and to verify receipt of energy 64.36 assistance for the telephone assistance plan; 65.1 (24) the current address and telephone number of program 65.2 recipients and emergency contacts may be released to the 65.3 commissioner of health or a local board of health as defined in 65.4 section 145A.02, subdivision 2, when the commissioner or local 65.5 board of health has reason to believe that a program recipient 65.6 is a disease case, carrier, suspect case, or at risk of illness, 65.7 and the data are necessary to locate the person; 65.8 (25) to other state agencies, statewide systems, and 65.9 political subdivisions of this state, including the attorney 65.10 general, and agencies of other states, interstate information 65.11 networks, federal agencies, and other entities as required by 65.12 federal regulation or law for the administration of the child 65.13 support enforcement program; 65.14 (26) to personnel of public assistance programs as defined 65.15 in section 256.741, for access to the child support system 65.16 database for the purpose of administration, including monitoring 65.17 and evaluation of those public assistance programs; 65.18 (27) to monitor and evaluate the Minnesota family 65.19 investment program by exchanging data between the departments of 65.20 human services and children, families, and learning, on 65.21 recipients and former recipients of food stamps, cash assistance 65.22 under chapter 256, 256D, 256J, or 256K, child care assistance 65.23 under chapter 119B, or medical programs under chapter 256B, 65.24 256D, or 256L;or65.25 (28) to evaluate child support program performance and to 65.26 identify and prevent fraud in the child support program by 65.27 exchanging data between the department of human services, 65.28 department of revenue under section 270B.14, subdivision 1, 65.29 paragraphs (a) and (b), without regard to the limitation of use 65.30 in paragraph (c), department of health, department of economic 65.31 security, and other state agencies as is reasonably necessary to 65.32 perform these functions; or 65.33 (29) counties operating child care assistance programs 65.34 under chapter 119B may disseminate data on program participants, 65.35 applicants, and providers to the commissioner of children, 65.36 families, and learning. 66.1 (b) Information on persons who have been treated for drug 66.2 or alcohol abuse may only be disclosed according to the 66.3 requirements of Code of Federal Regulations, title 42, sections 66.4 2.1 to 2.67. 66.5 (c) Data provided to law enforcement agencies under 66.6 paragraph (a), clause (15), (16), (17), or (18), or paragraph 66.7 (b), are investigative data and are confidential or protected 66.8 nonpublic while the investigation is active. The data are 66.9 private after the investigation becomes inactive under section 66.10 13.82, subdivision 5, paragraph (a) or (b). 66.11 (d) Mental health data shall be treated as provided in 66.12 subdivisions 7, 8, and 9, but is not subject to the access 66.13 provisions of subdivision 10, paragraph (b). 66.14 For the purposes of this subdivision, a request will be 66.15 deemed to be made in writing if made through a computer 66.16 interface system. 66.17 Sec. 5. Minnesota Statutes 2000, section 119B.02, is 66.18 amended by adding a subdivision to read: 66.19 Subd. 6. [DATA.] Data on individuals collected by the 66.20 commissioner for purposes of administering this chapter are 66.21 private data on individuals as defined in section 13.02. 66.22 Sec. 6. Minnesota Statutes 2000, section 120A.22, 66.23 subdivision 7, is amended to read: 66.24 Subd. 7. [EDUCATION RECORDS.] (a) A district from which a 66.25 student is transferring must transmit the student's educational 66.26 records, within ten business days of a request, to the district 66.27 in which the student is enrolling. Districts must make 66.28 reasonable efforts to determine the district in which a 66.29 transferring student is next enrolling in order to comply with 66.30 this subdivision. 66.31 (b) A school district that transmits a student's 66.32 educational records to another school district or other 66.33 educational entity to which the student is transferring must 66.34 include in the transmitted records information about 66.35 disciplinary action taken as a result of any incident in which 66.36 the student possessed or used a dangerous weapon. 67.1 (c) School districts must establish and implement 67.2 procedures for the accurate and timely transfer of educational 67.3 records, including individual education plans and special 67.4 education evaluation reports, to education facilities including 67.5 facilities that admit children and provide an education program 67.6 specifically designed for children who are residents of the 67.7 facility including chemical dependency and other substance abuse 67.8 programs, shelter care facilities, hospitals, correctional 67.9 facilities, mental health programs, and detention facilities 67.10 within the ten-day limit imposed by statute. These procedures 67.11 must be in place and operational year-round. 67.12 Sec. 7. Minnesota Statutes 2000, section 122A.31, 67.13 subdivision 2, is amended to read: 67.14 Subd. 2. [ORAL OR CUED SPEECH TRANSLITERATORS.] (a) In 67.15 addition to any other requirements that a school district 67.16 establishes, any person employed to provide oral transliterating 67.17 or cued speech transliterating services on a full-time or 67.18 part-time basis for a school district after July 1, 2000, must 67.19 hold a current applicable transliterator certificate awarded by 67.20 the national certifying association or comparable state 67.21 certification from the commissioner of children, families, and 67.22 learning. 67.23 (b) To provide oral or cued speech transliterator services 67.24 on a full-time or part-time basis, a person employed in a school 67.25 district must comply with paragraph (a). The commissioner shall 67.26 grant a nonrenewable, two-year certificate to a school district 67.27 on behalf of a person who has not yet attained a current 67.28 applicable transliterator certificate pursuant to paragraph 67.29 (a). A person for whom a nonrenewable, two-year certificate is 67.30 issued must work under the direction of a licensed teacher who 67.31 is skilled in language development of individuals who are deaf 67.32 or hard-of-hearing. A person for whom a nonrenewable, two-year 67.33 certificate is issued must also enroll in state-approved 67.34 training and demonstrate progress towards the certification 67.35 required under paragraph (a) sufficient for the person to be 67.36 certified at the end of the two-year period. 68.1 Sec. 8. Minnesota Statutes 2000, section 125A.023, 68.2 subdivision 4, is amended to read: 68.3 Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor 68.4 shall convenean 18-membera 19-member interagency committee to 68.5 develop and implement a coordinated, multidisciplinary, 68.6 interagency intervention service system for children ages three 68.7 to 21 with disabilities. The commissioners of commerce, 68.8 children, families, and learning, health, human rights, human 68.9 services, economic security, and corrections shall each appoint 68.10 two committee members from their departments; the association of 68.11 Minnesota counties shall appoint two county representatives, one 68.12 of whom must be an elected official, as committee members; and 68.13 the Minnesota school boards association, the Minnesota 68.14 administrators of special education, and the school nurse 68.15 association of Minnesota shall each appoint one committee 68.16 member. The committee shall select a chair from among its 68.17 members. 68.18 (b) The committee shall: 68.19 (1) identify and assist in removing state and federal 68.20 barriers to local coordination of services provided to children 68.21 with disabilities; 68.22 (2) identify adequate, equitable, and flexible funding 68.23 sources to streamline these services; 68.24 (3) develop guidelines for implementing policies that 68.25 ensure a comprehensive and coordinated system of all state and 68.26 local agency services, including multidisciplinary assessment 68.27 practices for children with disabilities ages three to 21; 68.28 (4) develop, consistent with federal law, a standardized 68.29 written plan for providing services to a child with 68.30 disabilities; 68.31 (5) identify how current systems for dispute resolution can 68.32 be coordinated and develop guidelines for that coordination; 68.33 (6) develop an evaluation process to measure the success of 68.34 state and local interagency efforts in improving the quality and 68.35 coordination of services to children with disabilities ages 68.36 three to 21; 69.1 (7) develop guidelines to assist the governing boards of 69.2 the interagency early intervention committees in carrying out 69.3 the duties assigned in section 125A.027, subdivision 1, 69.4 paragraph (b); and 69.5 (8) carry out other duties necessary to develop and 69.6 implement within communities a coordinated, multidisciplinary, 69.7 interagency intervention service system for children with 69.8 disabilities. 69.9 (c) The committee shall consult on an ongoing basis with 69.10 the state education advisory committee for special education and 69.11 the governor's interagency coordinating council in carrying out 69.12 its duties under this section, including assisting the governing 69.13 boards of the interagency early intervention committees. 69.14 Sec. 9. Minnesota Statutes 2000, section 125A.027, is 69.15 amended by adding a subdivision to read: 69.16 Subd. 4. [RESPONSIBILITIES OF SCHOOL AND COUNTY 69.17 BOARDS.] (a) It is the joint responsibility of school and county 69.18 boards to coordinate, provide, and pay for appropriate services, 69.19 and to facilitate payment for services from public and private 69.20 sources. Appropriate service for children eligible under 69.21 section 125A.02 and receiving service from two or more public 69.22 agencies of which one is the public school must be determined in 69.23 consultation with parents, physicians, and other education, 69.24 medical health, and human services providers. The services 69.25 provided must be in conformity with an Individual Interagency 69.26 Intervention Plan (IIIP) for each eligible child ages 3 to 21. 69.27 (b) Appropriate services include those services listed on a 69.28 child's IIIP. These services are those that are required to be 69.29 documented on a plan under federal and state law or rule. 69.30 (c) School and county boards shall coordinate interagency 69.31 services. Service responsibilities for eligible children, ages 69.32 3 to 21, shall be established in interagency agreements or joint 69.33 powers board agreements. In addition, interagency agreements or 69.34 joint powers board agreements shall be developed to establish 69.35 agency responsibility that assures that coordinated interagency 69.36 services are coordinated, provided, and paid for, and that 70.1 payment is facilitated from public and private sources. School 70.2 boards must provide, pay for, and facilitate payment for special 70.3 education services as required under sections 125A.05 and 70.4 125A.06. County boards must provide, pay for, and facilitate 70.5 payment for those programs over which they have service and 70.6 fiscal responsibility as referenced in section 125A.023, 70.7 subdivision 3, paragraph (d), clause (1). 70.8 Sec. 10. Minnesota Statutes 2000, section 125A.09, 70.9 subdivision 11, is amended to read: 70.10 Subd. 11. [HEARING REVIEW OFFICER'S QUALIFICATIONS.] The 70.11 commissioner must select an individual who has the 70.12 qualifications enumerated in this subdivision to serve as the 70.13 hearing review officer: 70.14 (1) the individual must be knowledgeable and impartial; 70.15 (2) the individual must not have a personal interest in or 70.16 specific involvement with the student who is a party to the 70.17 hearing; 70.18 (3) the individual must not have been employed as an 70.19 administrator by the district that is a party to the hearing; 70.20 (4) the individual must not have been involved in the 70.21 selection of the administrators of the district that is a party 70.22 to the hearing; 70.23 (5) the individual must not have a personal, economic, or 70.24 professional interest in the outcome of the hearing other than 70.25 the proper administration of the federal and state laws, rules, 70.26 and policies; 70.27 (6)the individual must not have substantial involvement in70.28the development of a state or local policy or procedures that70.29are challenged in the appeal;70.30(7)the individual is not a current employee or board 70.31 member of a Minnesota public school district, education 70.32 district, intermediate unit or regional education agency or the 70.33 department; and 70.34(8)(7) the individual is not a current employee or board 70.35 member of a disability advocacy organization or group. 70.36 Sec. 11. Minnesota Statutes 2000, section 125A.11, 71.1 subdivision 3, is amended to read: 71.2 Subd. 3. [AGREEMENT BETWEEN DISTRICTS TO PROVIDE SPECIAL 71.3 INSTRUCTION AND SERVICES.] For the purposes of this section, any 71.4 school district may enter into an agreement, upon mutually 71.5 agreed upon terms and conditions, to provide special instruction 71.6 and services for children with a disability. In that event, one 71.7 of the participating units may employ and contract with 71.8 necessary qualified personnel to offer services in the several 71.9 districts. Each participating unit must reimburse the employing 71.10 unit a proportionate amount of the actual cost of providing the 71.11 special instruction and services, less the amount of state 71.12 special education aid, which shall be claimed in full by the71.13employing district. 71.14 Sec. 12. Minnesota Statutes 2000, section 125A.27, 71.15 subdivision 15, is amended to read: 71.16 Subd. 15. [PARTHC STATE PLAN.] "PartHC state plan" 71.17 means the annual state plan application approved by the federal 71.18 government under the Individuals with Disabilities Education 71.19 Act, United States Code, title 20, section 1471 et seq. (PartH71.20 C, Public Law Number102-119105-117). 71.21 Sec. 13. Minnesota Statutes 2000, section 125A.515, is 71.22 amended to read: 71.23 125A.515 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 71.24 APPROVAL OF EDUCATION PROGRAM.] 71.25 The commissioner shall approve education programs in care 71.26 and treatment facilities for placement of children without 71.27 disabilities, including detention centers,before being licensed 71.28 by the department of human services or the department of 71.29 corrections. For the purposes of this section, care and 71.30 treatment facilities includes adult facilities that admit 71.31 children and provide an education program specifically designed 71.32 for children who are residents of the facility including 71.33 chemical dependency and other substance abuse programs, shelter 71.34 care facilities, hospitals, correctional facilities, mental 71.35 health programs, and detention facilities. 71.36 Sec. 14. Minnesota Statutes 2000, section 125A.76, 72.1 subdivision 1, is amended to read: 72.2 Subdivision 1. [DEFINITIONS.] For the purposes of this 72.3 section, the definitions in this subdivision apply. 72.4 (a) "Base year" for fiscal year 1998 and later fiscal years 72.5 means the second fiscal year preceding the fiscal year for which 72.6 aid will be paid. 72.7 (b) "Basic revenue" has the meaning given it in section 72.8 126C.10, subdivision 2. For the purposes of computing basic 72.9 revenue pursuant to this section, each child with a disability 72.10 shall be counted as prescribed in section 126C.05, subdivision 1. 72.11 (c) "Essential personnel" means teachers, cultural 72.12 liaisons, related services, and support services staff providing 72.13 direct services to students. Essential personnel may also 72.14 include special education paraprofessionals or clericals 72.15 providing support to teachers and students by preparing 72.16 paperwork and making arrangements related to special education 72.17 compliance requirements, including parent meetings and 72.18 individual education plans. 72.19 (d) "Average daily membership" has the meaning given it in 72.20 section 126C.05. 72.21 (e) "Program growth factor" means 1.08 for fiscal year 72.22 2002, and 1.046 for fiscal year 2003 and later. 72.23 Sec. 15. Minnesota Statutes 2000, section 125A.76, 72.24 subdivision 2, is amended to read: 72.25 Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] (a) The special 72.26 education base revenue equals the sum of the following amounts 72.27 computed using base year data: 72.28 (1) 68 percent of the salary of each essential person 72.29 employed in the district's program for children with a 72.30 disability during the fiscal year,not including the share of72.31salaries for personnel providing health-related services counted72.32in clause (8),whether the person is employed by one or more 72.33 districts or a Minnesota correctional facility operating on a 72.34 fee-for-service basis; 72.35 (2) for the Minnesota state academy for the deaf or the 72.36 Minnesota state academy for the blind, 68 percent of the salary 73.1 of each instructional aide assigned to a child attending the 73.2 academy, if that aide is required by the child's individual 73.3 education plan; 73.4 (3) for special instruction and services provided to any 73.5 pupil by contracting with public, private, or voluntary agencies 73.6 other than school districts, in place of special instruction and 73.7 services provided by the district, 52 percent of the difference 73.8 between the amount of the contract and thebasic revenue of the73.9district for that pupilamount of the basic revenue, as defined 73.10 in section 126C.10, subdivision 2, special education aid, and 73.11 any other aid earned on behalf of the child for the fraction of 73.12 the school day the pupil receives services under the contract; 73.13 (4) for special instruction and services provided to any 73.14 pupil by contracting for services with public, private, or 73.15 voluntary agencies other than school districts, that are 73.16 supplementary to a full educational program provided by the 73.17 school district, 52 percent of the amount of the contract for 73.18 that pupil; 73.19 (5) for supplies and equipment purchased or rented for use 73.20 in the instruction of children with a disability,not including73.21the portion of the expenses for supplies and equipment used to73.22provide health-related services counted in clause (8),an amount 73.23 equal to 47 percent of the sum actually expended by the 73.24 district, or a Minnesota correctional facility operating on a 73.25 fee-for-service basis, but not to exceed an average of $47 in 73.26 any one school year for each child with a disability receiving 73.27 instruction; 73.28 (6) for fiscal years 1997 and later, special education base 73.29 revenue shall include amounts under clauses (1) to (5) for 73.30 special education summer programs provided during the base year 73.31 for that fiscal year; and 73.32 (7) for fiscal years 1999 and later, the cost of providing 73.33 transportation services for children with disabilities under 73.34 section 123B.92, subdivision 1, paragraph (b), clause (4). 73.35 The department shall establish procedures through the 73.36 uniform financial accounting and reporting system to identify 74.1 and track all revenues generated from third-party billings as 74.2 special education revenue at the school district level; include 74.3 revenue generated from third-party billings as special education 74.4 revenue in the annual cross-subsidy report; and exclude 74.5 third-party revenue from calculation of excess cost aid to the 74.6 districts. 74.7 (b) If requested by a school district operating a special 74.8 education program during the base year for less than the full 74.9 fiscal year, or a school district in which is located a 74.10 Minnesota correctional facility operating on a fee-for-service 74.11 basis for less than the full fiscal year, the commissioner may 74.12 adjust the base revenue to reflect the expenditures that would 74.13 have occurred during the base year had the program been operated 74.14 for the full fiscal year. 74.15 (c) Notwithstanding paragraphs (a) and (b), the portion of 74.16 a school district's base revenue attributable to a Minnesota 74.17 correctional facility operating on a fee-for-service basis 74.18 during the facility's first year of operating on a 74.19 fee-for-service basis shall be computed using current year data. 74.20 Sec. 16. Minnesota Statutes 2000, section 256.045, 74.21 subdivision 3b, is amended to read: 74.22 Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT 74.23 HEARINGS.] The state human services referee shall determine that 74.24 maltreatment has occurred if a preponderance of evidence exists 74.25 to support the final disposition under sections 626.556 and 74.26 626.557. 74.27 The state human services referee shall recommend an order 74.28 to the commissioner of health, children, families, and learning, 74.29 or human services, as applicable, who shall issue a final 74.30 order. The commissioner shall affirm, reverse, or modify the 74.31 final disposition. Any order of the commissioner issued in 74.32 accordance with this subdivision is conclusive upon the parties 74.33 unless appeal is taken in the manner provided in subdivision 7. 74.34 In any licensing appeal under chapter 245A and sections 144.50 74.35 to 144.58 and 144A.02 to 144A.46, the commissioner's 74.36 determination as to maltreatment is conclusive. 75.1 Sec. 17. Minnesota Statutes 2000, section 626.556, 75.2 subdivision 2, is amended to read: 75.3 Subd. 2. [DEFINITIONS.] As used in this section, the 75.4 following terms have the meanings given them unless the specific 75.5 content indicates otherwise: 75.6 (a) "Sexual abuse" means the subjection of a child by a 75.7 person responsible for the child's care, by a person who has a 75.8 significant relationship to the child, as defined in section 75.9 609.341, or by a person in a position of authority, as defined 75.10 in section 609.341, subdivision 10, to any act which constitutes 75.11 a violation of section 609.342 (criminal sexual conduct in the 75.12 first degree), 609.343 (criminal sexual conduct in the second 75.13 degree), 609.344 (criminal sexual conduct in the third degree), 75.14 609.345 (criminal sexual conduct in the fourth degree), or 75.15 609.3451 (criminal sexual conduct in the fifth degree). Sexual 75.16 abuse also includes any act which involves a minor which 75.17 constitutes a violation of prostitution offenses under sections 75.18 609.321 to 609.324 or 617.246. Sexual abuse includes threatened 75.19 sexual abuse. 75.20 (b) "Person responsible for the child's care" means (1) an 75.21 individual functioning within the family unit and having 75.22 responsibilities for the care of the child such as a parent, 75.23 guardian, or other person having similar care responsibilities, 75.24 or (2) an individual functioning outside the family unit and 75.25 having responsibilities for the care of the child such as a 75.26 teacher, school administrator, other school employees or agents, 75.27 or other lawful custodian of a child having either full-time or 75.28 short-term care responsibilities including, but not limited to, 75.29 day care, babysitting whether paid or unpaid, counseling, 75.30 teaching, and coaching. 75.31 (c) "Neglect" means: 75.32 (1) failure by a person responsible for a child's care to 75.33 supply a child with necessary food, clothing, shelter, health, 75.34 medical, or other care required for the child's physical or 75.35 mental health when reasonably able to do so; 75.36 (2) failure to protect a child from conditions or actions 76.1 which imminently and seriously endanger the child's physical or 76.2 mental health when reasonably able to do so; 76.3 (3) failure to provide for necessary supervision or child 76.4 care arrangements appropriate for a child after considering 76.5 factors as the child's age, mental ability, physical condition, 76.6 length of absence, or environment, when the child is unable to 76.7 care for the child's own basic needs or safety, or the basic 76.8 needs or safety of another child in their care; 76.9 (4) failure to ensure that the child is educated as defined 76.10 in sections 120A.22 and 260C.163, subdivision 11; 76.11 (5) nothing in this section shall be construed to mean that 76.12 a child is neglected solely because the child's parent, 76.13 guardian, or other person responsible for the child's care in 76.14 good faith selects and depends upon spiritual means or prayer 76.15 for treatment or care of disease or remedial care of the child 76.16 in lieu of medical care; except that a parent, guardian, or 76.17 caretaker, or a person mandated to report pursuant to 76.18 subdivision 3, has a duty to report if a lack of medical care 76.19 may cause serious danger to the child's health. This section 76.20 does not impose upon persons, not otherwise legally responsible 76.21 for providing a child with necessary food, clothing, shelter, 76.22 education, or medical care, a duty to provide that care; 76.23 (6) prenatal exposure to a controlled substance, as defined 76.24 in section 253B.02, subdivision 2, used by the mother for a 76.25 nonmedical purpose, as evidenced by withdrawal symptoms in the 76.26 child at birth, results of a toxicology test performed on the 76.27 mother at delivery or the child at birth, or medical effects or 76.28 developmental delays during the child's first year of life that 76.29 medically indicate prenatal exposure to a controlled substance; 76.30 (7) "medical neglect" as defined in section 260C.007, 76.31 subdivision 4, clause (5); 76.32 (8) chronic and severe use of alcohol or a controlled 76.33 substance by a parent or person responsible for the care of the 76.34 child that adversely affects the child's basic needs and safety; 76.35 or 76.36 (9) emotional harm from a pattern of behavior which 77.1 contributes to impaired emotional functioning of the child which 77.2 may be demonstrated by a substantial and observable effect in 77.3 the child's behavior, emotional response, or cognition that is 77.4 not within the normal range for the child's age and stage of 77.5 development, with due regard to the child's culture. 77.6 (d) "Physical abuse" means any physical injury, mental 77.7 injury, or threatened injury, inflicted by a person responsible 77.8 for the child's care on a child other than by accidental means, 77.9 or any physical or mental injury that cannot reasonably be 77.10 explained by the child's history of injuries, or any aversive 77.11andor deprivation procedures, or regulated interventions, that 77.12 have not been authorized under section 121A.67 or 245.825. 77.13 Abuse does not include reasonable and moderate physical 77.14 discipline of a child administered by a parent or legal guardian 77.15 which does not result in an injury. Abuse does not include 77.16 reasonable force used by a teacher, principal, or school 77.17 employee as allowed by section 121A.582. Actions which are not 77.18 reasonable and moderate include, but are not limited to, any of 77.19 the following that are done in anger or without regard to the 77.20 safety of the child: 77.21 (1) throwing, kicking, burning, biting, or cutting a child; 77.22 (2) striking a child with a closed fist; 77.23 (3) shaking a child under age three; 77.24 (4) striking or other actions which result in any 77.25 nonaccidental injury to a child under 18 months of age; 77.26 (5) unreasonable interference with a child's breathing; 77.27 (6) threatening a child with a weapon, as defined in 77.28 section 609.02, subdivision 6; 77.29 (7) striking a child under age one on the face or head; 77.30 (8) purposely giving a child poison, alcohol, or dangerous, 77.31 harmful, or controlled substances which were not prescribed for 77.32 the child by a practitioner, in order to control or punish the 77.33 child; or other substances that substantially affect the child's 77.34 behavior, motor coordination, or judgment or that results in 77.35 sickness or internal injury, or subjects the child to medical 77.36 procedures that would be unnecessary if the child were not 78.1 exposed to the substances;or78.2 (9) unreasonable physical confinement or restraint not 78.3 permitted under section 609.379, including but not limited to 78.4 tying, caging, or chaining; or 78.5 (10) in a school facility or school zone, an act by a 78.6 person responsible for the child's care that is a violation 78.7 under section 121A.58. 78.8 (e) "Report" means any report received by the local welfare 78.9 agency, police department,orcounty sheriff, or agency 78.10 responsible for assessing or investigating maltreatment pursuant 78.11 to this section. 78.12 (f) "Facility" means a licensed or unlicensed day care 78.13 facility, residential facility, agency, hospital, sanitarium, or 78.14 other facility or institution required to be licensed under 78.15 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 78.16 chapter 245B; or a school as defined in sections 120A.05, 78.17 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 78.18 personal care provider organization as defined in sections 78.19 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 78.20 (g) "Operator" means an operator or agency as defined in 78.21 section 245A.02. 78.22 (h) "Commissioner" means the commissioner of human services. 78.23 (i) "Assessment" includes authority to interview the child, 78.24 the person or persons responsible for the child's care, the 78.25 alleged perpetrator, and any other person with knowledge of the 78.26 abuse or neglect for the purpose of gathering the facts, 78.27 assessing the risk to the child, and formulating a plan. 78.28 (j) "Practice of social services," for the purposes of 78.29 subdivision 3, includes but is not limited to employee 78.30 assistance counseling and the provision of guardian ad litem and 78.31 parenting time expeditor services. 78.32 (k) "Mental injury" means an injury to the psychological 78.33 capacity or emotional stability of a child as evidenced by an 78.34 observable or substantial impairment in the child's ability to 78.35 function within a normal range of performance and behavior with 78.36 due regard to the child's culture. 79.1 (l) "Threatened injury" means a statement, overt act, 79.2 condition, or status that represents a substantial risk of 79.3 physical or sexual abuse or mental injury. 79.4 (m) Persons who conduct assessments or investigations under 79.5 this section shall take into account accepted child-rearing 79.6 practices of the culture in which a child participates and 79.7 accepted teacher discipline practices, which are not injurious 79.8 to the child's health, welfare, and safety. 79.9 Sec. 18. Minnesota Statutes 2000, section 626.556, 79.10 subdivision 3, is amended to read: 79.11 Subd. 3. [PERSONS MANDATED TO REPORT.] (a) A person who 79.12 knows or has reason to believe a child is being neglected or 79.13 physically or sexually abused, as defined in subdivision 2, or 79.14 has been neglected or physically or sexually abused within the 79.15 preceding three years, shall immediately report the information 79.16 to the local welfare agency, agency responsible for assessing or 79.17 investigating the report, police department, or the county 79.18 sheriff if the person is: 79.19 (1) a professional or professional's delegate who is 79.20 engaged in the practice of the healing arts, social services, 79.21 hospital administration, psychological or psychiatric treatment, 79.22 child care, education, or law enforcement; or 79.23 (2) employed as a member of the clergy and received the 79.24 information while engaged in ministerial duties, provided that a 79.25 member of the clergy is not required by this subdivision to 79.26 report information that is otherwise privileged under section 79.27 595.02, subdivision 1, paragraph (c). 79.28 The police department or the county sheriff, upon receiving 79.29 a report, shall immediately notify the local welfare agency or 79.30 agency responsible for assessing or investigating the report, 79.31 orally and in writing. The local welfare agency, or agency 79.32 responsible for assessing or investigating the report, upon 79.33 receiving a report, shall immediately notify the local police 79.34 department or the county sheriff orally and in writing. The 79.35 county sheriff and the head of every local welfare agency, 79.36 agency responsible for assessing or investigating reports, and 80.1 police department shall each designate a person within their 80.2 agency, department, or office who is responsible for ensuring 80.3 that the notification duties of this paragraph and paragraph (b) 80.4 are carried out. Nothing in this subdivision shall be construed 80.5 to require more than one report from any institution, facility, 80.6 school, or agency. 80.7 (b) Any person may voluntarily report to the local welfare 80.8 agency, agency responsible for assessing or investigating the 80.9 report, police department, or the county sheriff if the person 80.10 knows, has reason to believe, or suspects a child is being or 80.11 has been neglected or subjected to physical or sexual abuse. 80.12 The police department or the county sheriff, upon receiving a 80.13 report, shall immediately notify the local welfare agency or 80.14 agency responsible for assessing or investigating the report, 80.15 orally and in writing. The local welfare agency or agency 80.16 responsible for assessing or investigating the report, upon 80.17 receiving a report, shall immediately notify the local police 80.18 department or the county sheriff orally and in writing. 80.19 (c) A person mandated to report physical or sexual child 80.20 abuse or neglect occurring within a licensed facility shall 80.21 report the information to the agency responsible for licensing 80.22 the facility under sections 144.50 to 144.58; 241.021; 245A.01 80.23 to 245A.16;or chapter 245B, or a school as defined in sections80.24120A.05, subdivisions 9, 11, and 13; and 124D.10; or a 80.25 nonlicensed personal care provider organization as defined in 80.26 sections 256B.04, subdivision 16; and 256B.0625, subdivision 80.27 19. A health or corrections agency receiving a report may 80.28 request the local welfare agency to provide assistance pursuant 80.29 to subdivisions 10, 10a, and 10b. A board or other entity whose 80.30 licensees perform work within a school facility, upon receiving 80.31 a complaint that indicates maltreatment, shall provide 80.32 information about the circumstances of the alleged maltreatment 80.33 to the commissioner of children, families, and learning. 80.34 Section 13.03, subdivision 4, applies to data received by the 80.35 commissioner of children, families, and learning from a 80.36 licensing entity. 81.1 (d) Any person mandated to report shall receive a summary 81.2 of the disposition of any report made by that reporter, 81.3 including whether the case has been opened for child protection 81.4 or other services, or if a referral has been made to a community 81.5 organization, unless release would be detrimental to the best 81.6 interests of the child. Any person who is not mandated to 81.7 report shall, upon request to the local welfare agency, receive 81.8 a concise summary of the disposition of any report made by that 81.9 reporter, unless release would be detrimental to the best 81.10 interests of the child. 81.11 (e) For purposes of this subdivision, "immediately" means 81.12 as soon as possible but in no event longer than 24 hours. 81.13 Sec. 19. Minnesota Statutes 2000, section 626.556, 81.14 subdivision 4, is amended to read: 81.15 Subd. 4. [IMMUNITY FROM LIABILITY.] (a) The following 81.16 persons are immune from any civil or criminal liability that 81.17 otherwise might result from their actions, if they are acting in 81.18 good faith: 81.19 (1) any person making a voluntary or mandated report under 81.20 subdivision 3 or under section 626.5561 or assisting in an 81.21 assessment under this section or under section 626.5561; 81.22 (2) any person with responsibility for performing duties 81.23 under this section or supervisor employed by a local welfare 81.24 agency, the commissioner of an agency responsible for operating 81.25 or supervising a licensed or unlicensed day care facility, 81.26 residential facility, agency, hospital, sanitarium, or other 81.27 facility or institution required to be licensed under sections 81.28 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a 81.29 school as defined in sections 120A.05, subdivisions 9, 11, and 81.30 13; and 124D.10; or a nonlicensed personal care provider 81.31 organization as defined in sections 256B.04, subdivision 16; and 81.32 256B.0625, subdivision 19a, complying with subdivision 10d; and 81.33 (3) any public or private school, facility as defined in 81.34 subdivision 2, or the employee of any public or private school 81.35 or facility who permits access by a local welfare agency, the 81.36 department of children, families, and learning, or a local law 82.1 enforcement agency and assists in an investigation or assessment 82.2 pursuant to subdivision 10 or under section 626.5561. 82.3 (b) A person who is a supervisor or person with 82.4 responsibility for performing duties under this section employed 82.5 by a local welfare agency, the commissioner of human services, 82.6 or the commissioner of children, families, and learning 82.7 complying with subdivisions 10 and 11 or section 626.5561 or any 82.8 related rule or provision of law is immune from any civil or 82.9 criminal liability that might otherwise result from the person's 82.10 actions, if the person is (1) acting in good faith and 82.11 exercising due care, or (2) acting in good faith and following 82.12 the information collection procedures established under 82.13 subdivision 10, paragraphs (h), (i), and (j). 82.14 (c) This subdivision does not provide immunity to any 82.15 person for failure to make a required report or for committing 82.16 neglect, physical abuse, or sexual abuse of a child. 82.17 (d) If a person who makes a voluntary or mandatory report 82.18 under subdivision 3 prevails in a civil action from which the 82.19 person has been granted immunity under this subdivision, the 82.20 court may award the person attorney fees and costs. 82.21 Sec. 20. Minnesota Statutes 2000, section 626.556, 82.22 subdivision 7, is amended to read: 82.23 Subd. 7. [REPORT.] An oral report shall be made 82.24 immediately by telephone or otherwise. An oral report made by a 82.25 person required under subdivision 3 to report shall be followed 82.26 within 72 hours, exclusive of weekends and holidays, by a report 82.27 in writing to the appropriate police department, the county 82.28 sheriff, the agency responsible for assessing or investigating 82.29 the report, or the local welfare agency, unless the appropriate 82.30 agency has informed the reporter that the oral information does 82.31 not constitute a report under subdivision 10. Any report shall 82.32 be of sufficient content to identify the child, any person 82.33 believed to be responsible for the abuse or neglect of the child 82.34 if the person is known, the nature and extent of the abuse or 82.35 neglect and the name and address of the reporter. If requested, 82.36 the local welfare agency or the agency responsible for assessing 83.1 or investigating the report shall inform the reporter within ten 83.2 days after the report is made, either orally or in writing, 83.3 whether the report was accepted for assessment or investigation. 83.4 Written reports received by a police department or the county 83.5 sheriff shall be forwarded immediately to the local welfare 83.6 agency or the agency responsible for assessing or investigating 83.7 the report. The police department or the county sheriff may 83.8 keep copies of reports received by them. Copies of written 83.9 reports received by a local welfare department or the agency 83.10 responsible for assessing or investigating the report shall be 83.11 forwarded immediately to the local police department or the 83.12 county sheriff. 83.13 A written copy of a report maintained by personnel of 83.14 agencies, other than welfare or law enforcement agencies, which 83.15 are subject to chapter 13 shall be confidential. An individual 83.16 subject of the report may obtain access to the original report 83.17 as provided by subdivision 11. 83.18 Sec. 21. Minnesota Statutes 2000, section 626.556, 83.19 subdivision 10, is amended to read: 83.20 Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 83.21 ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 83.22 alleges neglect, physical abuse, or sexual abuse by a parent, 83.23 guardian, or individual functioning within the family unit as a 83.24 person responsible for the child's care, the local welfare 83.25 agency shall immediately conduct an assessment including 83.26 gathering information on the existence of substance abuse and 83.27 offer protective social services for purposes of preventing 83.28 further abuses, safeguarding and enhancing the welfare of the 83.29 abused or neglected minor, and preserving family life whenever 83.30 possible. If the report alleges a violation of a criminal 83.31 statute involving sexual abuse, physical abuse, or neglect or 83.32 endangerment, under section 609.378, the local law enforcement 83.33 agency and local welfare agency shall coordinate the planning 83.34 and execution of their respective investigation and assessment 83.35 efforts to avoid a duplication of fact-finding efforts and 83.36 multiple interviews. Each agency shall prepare a separate 84.1 report of the results of its investigation. In cases of alleged 84.2 child maltreatment resulting in death, the local agency may rely 84.3 on the fact-finding efforts of a law enforcement investigation 84.4 to make a determination of whether or not maltreatment 84.5 occurred. When necessary the local welfare agency shall seek 84.6 authority to remove the child from the custody of a parent, 84.7 guardian, or adult with whom the child is living. In performing 84.8 any of these duties, the local welfare agency shall maintain 84.9 appropriate records. 84.10 If the assessment indicates there is a potential for abuse 84.11 of alcohol or other drugs by the parent, guardian, or person 84.12 responsible for the child's care, the local welfare agency shall 84.13 conduct a chemical use assessment pursuant to Minnesota Rules, 84.14 part 9530.6615. The local welfare agency shall report the 84.15 determination of the chemical use assessment, and the 84.16 recommendations and referrals for alcohol and other drug 84.17 treatment services to the state authority on alcohol and drug 84.18 abuse. 84.19 (b) When a local agency receives a report or otherwise has 84.20 information indicating that a child who is a client, as defined 84.21 in section 245.91, has been the subject of physical abuse, 84.22 sexual abuse, or neglect at an agency, facility, or program as 84.23 defined in section 245.91, it shall, in addition to its other 84.24 duties under this section, immediately inform the ombudsman 84.25 established under sections 245.91 to 245.97. The commissioner 84.26 of children, families, and learning shall inform the ombudsman 84.27 established under sections 245.91 to 245.97 of reports regarding 84.28 a child defined as a client in section 245.91 that maltreatment 84.29 occurred at a school as defined in sections 120A.05, 84.30 subdivisions 9, 11, and 13, and 124D.10. 84.31 (c) Authority of the local welfare agency responsible for 84.32 assessing the child abuse or neglect report, the agency 84.33 responsible for assessing or investigating the report, and of 84.34 the local law enforcement agency for investigating the alleged 84.35 abuse or neglect includes, but is not limited to, authority to 84.36 interview, without parental consent, the alleged victim and any 85.1 other minors who currently reside with or who have resided with 85.2 the alleged offender. The interview may take place at school or 85.3 at any facility or other place where the alleged victim or other 85.4 minors might be found or the child may be transported to, and 85.5 the interview conducted at, a place appropriate for the 85.6 interview of a child designated by the local welfare agency or 85.7 law enforcement agency. The interview may take place outside 85.8 the presence of the alleged offender or parent, legal custodian, 85.9 guardian, or school official. Except as provided in this 85.10 paragraph, the parent, legal custodian, or guardian shall be 85.11 notified by the responsible local welfare or law enforcement 85.12 agency no later than the conclusion of the investigation or 85.13 assessment that this interview has occurred. Notwithstanding 85.14 rule 49.02 of the Minnesota rules of procedure for juvenile 85.15 courts, the juvenile court may, after hearing on an ex parte 85.16 motion by the local welfare agency, order that, where reasonable 85.17 cause exists, the agency withhold notification of this interview 85.18 from the parent, legal custodian, or guardian. If the interview 85.19 took place or is to take place on school property, the order 85.20 shall specify that school officials may not disclose to the 85.21 parent, legal custodian, or guardian the contents of the 85.22 notification of intent to interview the child on school 85.23 property, as provided under this paragraph, and any other 85.24 related information regarding the interview that may be a part 85.25 of the child's school record. A copy of the order shall be sent 85.26 by the local welfare or law enforcement agency to the 85.27 appropriate school official. 85.28 (d) When the local welfareor, local law enforcement 85.29 agency, or the agency responsible for assessing or investigating 85.30 a report of maltreatment determines that an interview should 85.31 take place on school property, written notification of intent to 85.32 interview the child on school property must be received by 85.33 school officials prior to the interview. The notification shall 85.34 include the name of the child to be interviewed, the purpose of 85.35 the interview, and a reference to the statutory authority to 85.36 conduct an interview on school property. For interviews 86.1 conducted by the local welfare agency, the notification shall be 86.2 signed by the chair of the local social services agency or the 86.3 chair's designee. The notification shall be private data on 86.4 individuals subject to the provisions of this paragraph. School 86.5 officials may not disclose to the parent, legal custodian, or 86.6 guardian the contents of the notification or any other related 86.7 information regarding the interview until notified in writing by 86.8 the local welfare or law enforcement agency that the 86.9 investigation or assessment has been concluded, unless a school 86.10 employee or agent is alleged to have maltreated the child. 86.11 Until that time, the local welfare or law enforcement agency or 86.12 the agency responsible for assessing or investigating a report 86.13 of maltreatment shall be solely responsible for any disclosures 86.14 regarding the nature of the assessment or investigation. 86.15 Except where the alleged offender is believed to be a 86.16 school official or employee, the time and place, and manner of 86.17 the interview on school premises shall be within the discretion 86.18 of school officials, but the local welfare or law enforcement 86.19 agency shall have the exclusive authority to determine who may 86.20 attend the interview. The conditions as to time, place, and 86.21 manner of the interview set by the school officials shall be 86.22 reasonable and the interview shall be conducted not more than 24 86.23 hours after the receipt of the notification unless another time 86.24 is considered necessary by agreement between the school 86.25 officials and the local welfare or law enforcement agency. 86.26 Where the school fails to comply with the provisions of this 86.27 paragraph, the juvenile court may order the school to comply. 86.28 Every effort must be made to reduce the disruption of the 86.29 educational program of the child, other students, or school 86.30 staff when an interview is conducted on school premises. 86.31 (e) Where the alleged offender or a person responsible for 86.32 the care of the alleged victim or other minor prevents access to 86.33 the victim or other minor by the local welfare agency, the 86.34 juvenile court may order the parents, legal custodian, or 86.35 guardian to produce the alleged victim or other minor for 86.36 questioning by the local welfare agency or the local law 87.1 enforcement agency outside the presence of the alleged offender 87.2 or any person responsible for the child's care at reasonable 87.3 places and times as specified by court order. 87.4 (f) Before making an order under paragraph (e), the court 87.5 shall issue an order to show cause, either upon its own motion 87.6 or upon a verified petition, specifying the basis for the 87.7 requested interviews and fixing the time and place of the 87.8 hearing. The order to show cause shall be served personally and 87.9 shall be heard in the same manner as provided in other cases in 87.10 the juvenile court. The court shall consider the need for 87.11 appointment of a guardian ad litem to protect the best interests 87.12 of the child. If appointed, the guardian ad litem shall be 87.13 present at the hearing on the order to show cause. 87.14 (g) The commissioner of human services, the ombudsman for 87.15 mental health and mental retardation, the local welfare agencies 87.16 responsible for investigating reports, the commissioner of 87.17 children, families, and learning, and the local law enforcement 87.18 agencies have the right to enter facilities as defined in 87.19 subdivision 2 and to inspect and copy the facility's records, 87.20 including medical records, as part of the investigation. 87.21 Notwithstanding the provisions of chapter 13, they also have the 87.22 right to inform the facility under investigation that they are 87.23 conducting an investigation, to disclose to the facility the 87.24 names of the individuals under investigation for abusing or 87.25 neglecting a child, and to provide the facility with a copy of 87.26 the report and the investigative findings. 87.27 (h) The local welfare agency or the agency responsible for 87.28 assessing or investigating the report shall collect available 87.29 and relevant information to ascertain whether maltreatment 87.30 occurred and whether protective services are needed. 87.31 Information collected includes, when relevant, information with 87.32 regard to the person reporting the alleged maltreatment, 87.33 including the nature of the reporter's relationship to the child 87.34 and to the alleged offender, and the basis of the reporter's 87.35 knowledge for the report; the child allegedly being maltreated; 87.36 the alleged offender; the child's caretaker; and other 88.1 collateral sources having relevant information related to the 88.2 alleged maltreatment. The local welfare agency or the agency 88.3 responsible for assessing or investigating the report may make a 88.4 determination of no maltreatment early in an assessment, and 88.5 close the case and retain immunity, if the collected information 88.6 shows no basis for a full assessment or investigation. 88.7 Information relevant to the assessment or investigation 88.8 must be asked for, and may include: 88.9 (1) the child's sex and age, prior reports of maltreatment, 88.10 information relating to developmental functioning, credibility 88.11 of the child's statement, and whether the information provided 88.12 under this clause is consistent with other information collected 88.13 during the course of the assessment or investigation; 88.14 (2) the alleged offender's age, a record check for prior 88.15 reports of maltreatment, and criminal charges and convictions. 88.16 The local welfare agency or the agency responsible for assessing 88.17 or investigating the report must provide the alleged offender 88.18 with an opportunity to make a statement. The alleged offender 88.19 may submit supporting documentation relevant to the assessment 88.20 or investigation; 88.21 (3) collateral source information regarding the alleged 88.22 maltreatment and care of the child. Collateral information 88.23 includes, when relevant: (i) a medical examination of the 88.24 child; (ii) prior medical records relating to the alleged 88.25 maltreatment or the care of the child and an interview with the 88.26 treating professionals; and (iii) interviews with the child's 88.27 caretakers, including the child's parent, guardian, foster 88.28 parent, child care provider, teachers, counselors, family 88.29 members, relatives, and other persons who may have knowledge 88.30 regarding the alleged maltreatment and the care of the child; 88.31 and 88.32 (4) information on the existence of domestic abuse and 88.33 violence in the home of the child, and substance abuse. 88.34 Nothing in this paragraph precludes the local welfare 88.35 agency, the local law enforcement agency, or the agency 88.36 responsible for assessing or investigating the report from 89.1 collecting other relevant information necessary to conduct the 89.2 assessment or investigation. Notwithstanding the data's 89.3 classification in the possession of any other agency, data 89.4 acquired by the local welfare agency or the agency responsible 89.5 for assessing or investigating the report during the course of 89.6 the assessment or investigation are private data on individuals 89.7 and must be maintained in accordance with subdivision 11. Data 89.8 of the commissioner of children, families, and learning 89.9 collected or maintained during and for the purpose of an 89.10 investigation of alleged maltreatment in a school are governed 89.11 by this section, notwithstanding the data's classification as 89.12 educational, licensing, or personnel data under chapter 13. 89.13 In conducting an assessment or investigation involving a 89.14 school facility as defined in subdivision 2, paragraph (f), the 89.15 commissioner of children, families, and learning shall collect 89.16 investigative reports and data that are relevant to a report of 89.17 maltreatment from local law enforcement and the school facility. 89.18 (i) In the initial stages of an assessment or 89.19 investigation, the local welfare agency shall conduct a 89.20 face-to-face observation of the child reported to be maltreated 89.21 and a face-to-face interview of the alleged offender. The 89.22 interview with the alleged offender may be postponed if it would 89.23 jeopardize an active law enforcement investigation. 89.24 (j) The local welfare agency shall use a question and 89.25 answer interviewing format with questioning as nondirective as 89.26 possible to elicit spontaneous responses. The following 89.27 interviewing methods and procedures must be used whenever 89.28 possible when collecting information: 89.29 (1) audio recordings of all interviews with witnesses and 89.30 collateral sources; and 89.31 (2) in cases of alleged sexual abuse, audio-video 89.32 recordings of each interview with the alleged victim and child 89.33 witnesses. 89.34 (k) In conducting an assessment or investigation involving 89.35 a school facility as defined in subdivision 2, paragraph (f), 89.36 the commissioner of children, families, and learning shall 90.1 collect available and relevant information and use the 90.2 procedures in paragraphs (h), (i), and (j), provided that the 90.3 commissioner may also base the assessment or investigation on 90.4 investigative reports and data received from the school facility 90.5 and local law enforcement, to the extent those investigations 90.6 satisfy the requirements of paragraphs (h), (i), and (j). 90.7 Sec. 22. Minnesota Statutes 2000, section 626.556, 90.8 subdivision 10b, is amended to read: 90.9 Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 90.10 FACILITY.] (a) This section applies to the commissioners of 90.11 human services, health, and children, families, and learning. 90.12 The commissioner of the agency responsible for assessing or 90.13 investigating the report shall immediately assess or investigate 90.14 if the report alleges that: 90.15 (1) a child who is in the care of a facility as defined in 90.16 subdivision 2 is neglected, physically abused, or sexually 90.17 abused by an individual in that facility, or has been so 90.18 neglected or abused by an individual in that facility within the 90.19 three years preceding the report; or 90.20 (2) a child was neglected, physically abused, or sexually 90.21 abused by an individual in a facility defined in subdivision 2, 90.22 while in the care of that facility within the three years 90.23 preceding the report. 90.24 The commissioner of the agency responsible for assessing or 90.25 investigating the report shall arrange for the transmittal to 90.26 the commissioner of reports received by local agencies and may 90.27 delegate to a local welfare agency the duty to investigate 90.28 reports. In conducting an investigation under this section, the 90.29 commissioner has the powers and duties specified for local 90.30 welfare agencies under this section. The commissioner of the 90.31 agency responsible for assessing or investigating the report or 90.32 local welfare agency may interview any children who are or have 90.33 been in the care of a facility under investigation and their 90.34 parents, guardians, or legal custodians. 90.35 (b) Prior to any interview, the commissioner of the agency 90.36 responsible for assessing or investigating the report or local 91.1 welfare agency shall notify the parent, guardian, or legal 91.2 custodian of a child who will be interviewed in the manner 91.3 provided for in subdivision 10d, paragraph (a). If reasonable 91.4 efforts to reach the parent, guardian, or legal custodian of a 91.5 child in an out-of-home placement have failed, the child may be 91.6 interviewed if there is reason to believe the interview is 91.7 necessary to protect the child or other children in the 91.8 facility. The commissioner of the agency responsible for 91.9 assessing or investigating the report or local agency must 91.10 provide the information required in this subdivision to the 91.11 parent, guardian, or legal custodian of a child interviewed 91.12 without parental notification as soon as possible after the 91.13 interview. When the investigation is completed, any parent, 91.14 guardian, or legal custodian notified under this subdivision 91.15 shall receive the written memorandum provided for in subdivision 91.16 10d, paragraph (c). 91.17 (c) In conducting investigations under this subdivision the 91.18 commissioner or local welfare agency shall obtain access to 91.19 information consistent with subdivision 10, paragraphs (h), (i), 91.20 and (j). In conducting assessments or investigations under this 91.21 subdivision, the commissioner of children, families, and 91.22 learning shall obtain access to reports and investigative data 91.23 that are relevant to a report of maltreatment in the possession 91.24 of a school facility as defined in subdivision 2, paragraph (f), 91.25 notwithstanding the classification of the data as educational or 91.26 personnel data under chapter 13. This includes, but is not 91.27 limited to, school investigative reports, information concerning 91.28 the conduct of school personnel alleged to have committed 91.29 maltreatment of students, information about witnesses, and any 91.30 protective or corrective action taken by the school facility 91.31 regarding the school personnel alleged to have committed 91.32 maltreatment. 91.33 (d)Except for foster care and family child care, the91.34commissioner has the primary responsibility for the91.35investigations and notifications required under subdivisions 10d91.36and 10f for reports that allege maltreatment related to the care92.1provided by or in facilities licensed by the commissioner.The 92.2 commissioner may request assistance from the local social 92.3 services agency. 92.4 Sec. 23. Minnesota Statutes 2000, section 626.556, 92.5 subdivision 10d, is amended to read: 92.6 Subd. 10d. [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 92.7 (a) When a report is received that alleges neglect, physical 92.8 abuse, or sexual abuse of a child while in the care of a 92.9 licensed or unlicensed day care facility, residential facility, 92.10 agency, hospital, sanitarium, or other facility or institution 92.11 required to be licensed according to sections 144.50 to 144.58; 92.12 241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as 92.13 defined in sections 120A.05, subdivisions 9, 11, and 13; and 92.14 124D.10; or a nonlicensed personal care provider organization as 92.15 defined in section 256B.04, subdivision 16, and 256B.0625, 92.16 subdivision 19a, the commissioner of the agency responsible for 92.17 assessing or investigating the report or local welfare agency 92.18 investigating the report shall provide the following information 92.19 to the parent, guardian, or legal custodian of a child alleged 92.20 to have been neglected, physically abused, or sexually abused: 92.21 the name of the facility; the fact that a report alleging 92.22 neglect, physical abuse, or sexual abuse of a child in the 92.23 facility has been received; the nature of the alleged neglect, 92.24 physical abuse, or sexual abuse; that the agency is conducting 92.25 an assessment or investigation; any protective or corrective 92.26 measures being taken pending the outcome of the investigation; 92.27 and that a written memorandum will be provided when the 92.28 investigation is completed. 92.29 (b) The commissioner of the agency responsible for 92.30 assessing or investigating the report or local welfare agency 92.31 may also provide the information in paragraph (a) to the parent, 92.32 guardian, or legal custodian of any other child in the facility 92.33 if the investigative agency knows or has reason to believe the 92.34 alleged neglect, physical abuse, or sexual abuse has occurred. 92.35 In determining whether to exercise this authority, the 92.36 commissioner of the agency responsible for assessing or 93.1 investigating the report or local welfare agency shall consider 93.2 the seriousness of the alleged neglect, physical abuse, or 93.3 sexual abuse; the number of children allegedly neglected, 93.4 physically abused, or sexually abused; the number of alleged 93.5 perpetrators; and the length of the investigation. The facility 93.6 shall be notified whenever this discretion is exercised. 93.7 (c) When the commissioner of the agency responsible for 93.8 assessing or investigating the report or local welfare agency 93.9 has completed its investigation, every parent, guardian, or 93.10 legal custodian previously notified of the investigation by the 93.11 commissioner or local welfare agency shall be provided with the 93.12 following information in a written memorandum: the name of the 93.13 facility investigated; the nature of the alleged neglect, 93.14 physical abuse, or sexual abuse; the investigator's name; a 93.15 summary of the investigation findings; a statement whether 93.16 maltreatment was found; and the protective or corrective 93.17 measures that are being or will be taken. The memorandum shall 93.18 be written in a manner that protects the identity of the 93.19 reporter and the child and shall not contain the name, or to the 93.20 extent possible, reveal the identity of the alleged perpetrator 93.21 or of those interviewed during the investigation. The 93.22 commissioner or local welfare agency shall also provide the 93.23 written memorandum to the parent, guardian, or legal custodian 93.24 of each child in the facility if maltreatment is determined to 93.25 exist. In the case of maltreatment within a school facility, as 93.26 defined in sections 120A.05, subdivisions 9, 11, and 13, and 93.27 124D.10, the commissioner of children, families, and learning 93.28 need not provide notification to parents, guardians, or legal 93.29 custodians of each child in the facility, but may provide 93.30 notification to the parent, guardian, or legal custodian of any 93.31 student alleged to have been maltreated or involved as a witness 93.32 to alleged maltreatment. 93.33 Sec. 24. Minnesota Statutes 2000, section 626.556, 93.34 subdivision 10e, is amended to read: 93.35 Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every 93.36 assessment or investigation it conducts, the local welfare 94.1 agency shall make two determinations: first, whether 94.2 maltreatment has occurred; and second, whether child protective 94.3 services are needed. Upon the conclusion of an assessment or 94.4 investigation by the commissioner of children, families, and 94.5 learning, the commissioner shall determine whether maltreatment 94.6 occurred and what corrective or protective action was taken by 94.7 the school facility. The commissioner shall report to the 94.8 employer, the school board, and any appropriate licensing entity 94.9 the determination regarding whether maltreatment occurred and 94.10 what corrective or protective action was taken by the school 94.11 facility. When maltreatment is determined in an investigation 94.12 involving a facility, the investigating agency shall also 94.13 determine whether the facility or individual was responsible, or 94.14 whether both the facility and the individual were responsible 94.15 for the maltreatment using the mitigating factors in paragraph 94.16 (d). Determinations under this subdivision must be made based 94.17 on a preponderance of the evidence. 94.18 (a) For the purposes of this subdivision, "maltreatment" 94.19 means any of the following acts or omissions committed by a 94.20 person responsible for the child's care: 94.21 (1) physical abuse as defined in subdivision 2, paragraph 94.22 (d); 94.23 (2) neglect as defined in subdivision 2, paragraph (c); 94.24 (3) sexual abuse as defined in subdivision 2, paragraph 94.25 (a); or 94.26 (4) mental injury as defined in subdivision 2, paragraph 94.27 (k). 94.28 (b) For the purposes of this subdivision, a determination 94.29 that child protective services are needed means that the local 94.30 welfare agency has documented conditions during the assessment 94.31 or investigation sufficient to cause a child protection worker, 94.32 as defined in section 626.559, subdivision 1, to conclude that a 94.33 child is at significant risk of maltreatment if protective 94.34 intervention is not provided and that the individuals 94.35 responsible for the child's care have not taken or are not 94.36 likely to take actions to protect the child from maltreatment or 95.1 risk of maltreatment. 95.2 (c) This subdivision does not mean that maltreatment has 95.3 occurred solely because the child's parent, guardian, or other 95.4 person responsible for the child's care in good faith selects 95.5 and depends upon spiritual means or prayer for treatment or care 95.6 of disease or remedial care of the child, in lieu of medical 95.7 care. However, if lack of medical care may result in serious 95.8 danger to the child's health, the local welfare agency may 95.9 ensure that necessary medical services are provided to the child. 95.10 (d) When determining whether the facility or individual is 95.11 the responsible party for determined maltreatment in a facility, 95.12 the investigating agency shall consider at least the following 95.13 mitigating factors: 95.14 (1) whether the actions of the facility or the individual 95.15 caregivers were according to, and followed the terms of, an 95.16 erroneous physician order, prescription, individual care plan, 95.17 or directive; however, this is not a mitigating factor when the 95.18 facility or caregiver was responsible for the issuance of the 95.19 erroneous order, prescription, individual care plan, or 95.20 directive or knew or should have known of the errors and took no 95.21 reasonable measures to correct the defect before administering 95.22 care; 95.23 (2) comparative responsibility between the facility, other 95.24 caregivers, and requirements placed upon an employee, including 95.25 the facility's compliance with related regulatory standards and 95.26 the adequacy of facility policies and procedures, facility 95.27 training, an individual's participation in the training, the 95.28 caregiver's supervision, and facility staffing levels and the 95.29 scope of the individual employee's authority and discretion; and 95.30 (3) whether the facility or individual followed 95.31 professional standards in exercising professional judgment. 95.32 Individual counties may implement more detailed definitions 95.33 or criteria that indicate which allegations to investigate, as 95.34 long as a county's policies are consistent with the definitions 95.35 in the statutes and rules and are approved by the county board. 95.36 Each local welfare agency shall periodically inform mandated 96.1 reporters under subdivision 3 who work in the county of the 96.2 definitions of maltreatment in the statutes and rules and any 96.3 additional definitions or criteria that have been approved by 96.4 the county board. 96.5 Sec. 25. Minnesota Statutes 2000, section 626.556, 96.6 subdivision 10i, is amended to read: 96.7 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL 96.8 DETERMINATION OF MALTREATMENT.] (a) An individual or facility 96.9 that the commissionerorof human services, a local social 96.10 service agency, or the commissioner of children, families, and 96.11 learning determines has maltreated a child, or the child's 96.12 designee, regardless of the determination, who contests the 96.13 investigating agency's final determination regarding 96.14 maltreatment, may request the investigating agency to reconsider 96.15 its final determination regarding maltreatment. The request for 96.16 reconsideration must be submitted in writing to the 96.17 investigating agency within 15 calendar days after receipt of 96.18 notice of the final determination regarding maltreatment. 96.19 (b) If the investigating agency denies the request or fails 96.20 to act upon the request within 15 calendar days after receiving 96.21 the request for reconsideration, the person or facility entitled 96.22 to a fair hearing under section 256.045 may submit to the 96.23 commissioner of human services or the commissioner of children, 96.24 families, and learning a written request for a hearing under 96.25 that section. Section 256.045 also governs hearings requested 96.26 to contest a final determination of the commissioner of 96.27 children, families, and learning. 96.28 (c) If, as a result of the reconsideration, the 96.29 investigating agency changes the final determination of 96.30 maltreatment, that agency shall notify the parties specified in 96.31 subdivisions 10b, 10d, and 10f. 96.32 (d) If an individual or facility contests the investigating 96.33 agency's final determination regarding maltreatment by 96.34 requesting a fair hearing under section 256.045, the 96.35 commissioner of human services shall assure that the hearing is 96.36 conducted and a decision is reached within 90 days of receipt of 97.1 the request for a hearing. The time for action on the decision 97.2 may be extended for as many days as the hearing is postponed or 97.3 the record is held open for the benefit of either party. 97.4 Sec. 26. Minnesota Statutes 2000, section 626.556, 97.5 subdivision 10j, is amended to read: 97.6 Subd. 10j. [RELEASE OF DATA TO MANDATED REPORTERS.] A 97.7 local social services or child protection agency, or the agency 97.8 responsible for assessing or investigating the report of 97.9 maltreatment, may provide relevant private data on individuals 97.10 obtained under this section to mandated reporters who have an 97.11 ongoing responsibility for the health, education, or welfare of 97.12 a child affected by the data, in the best interests of the 97.13 child. Mandated reporters with ongoing responsibility for the 97.14 health, education, or welfare of a child affected by the data 97.15 include the child's teachers or other appropriate school 97.16 personnel, foster parents, health care providers, respite care 97.17 workers, therapists, social workers, child care providers, 97.18 residential care staff, crisis nursery staff, probation 97.19 officers, and court services personnel. Under this section, a 97.20 mandated reporter need not have made the report to be considered 97.21 a person with ongoing responsibility for the health, education, 97.22 or welfare of a child affected by the data. Data provided under 97.23 this section must be limited to data pertinent to the 97.24 individual's responsibility for caring for the child. 97.25 Sec. 27. Minnesota Statutes 2000, section 626.556, 97.26 subdivision 11, is amended to read: 97.27 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 97.28 (b) and subdivisions 10b, 10d, 10g, and 11b, all records 97.29 concerning individuals maintained by a local welfare agency or 97.30 agency responsible for assessing or investigating the report 97.31 under this section, including any written reports filed under 97.32 subdivision 7, shall be private data on individuals, except 97.33 insofar as copies of reports are required by subdivision 7 to be 97.34 sent to the local police department or the county sheriff. All 97.35 records concerning determinations of maltreatment by a facility 97.36 shall be nonpublic data as maintained by the department of 98.1 children, families, and learning, except insofar as copies of 98.2 reports are required by subdivision 7 to be sent to the local 98.3 police department or the county sheriff. Reports maintained by 98.4 any police department or the county sheriff shall be private 98.5 data on individuals except the reports shall be made available 98.6 to the investigating, petitioning, or prosecuting authority, 98.7 including county medical examiners or county coroners. Section 98.8 13.82, subdivisions 7, 5a, and 5b, apply to law enforcement data 98.9 other than the reports. The local social services agency or 98.10 agency responsible for assessing or investigating the report 98.11 shall make available to the investigating, petitioning, or 98.12 prosecuting authority, including county medical examiners or 98.13 county coroners or their professional delegates, any records 98.14 which contain information relating to a specific incident of 98.15 neglect or abuse which is under investigation, petition, or 98.16 prosecution and information relating to any prior incidents of 98.17 neglect or abuse involving any of the same persons. The records 98.18 shall be collected and maintained in accordance with the 98.19 provisions of chapter 13. In conducting investigations and 98.20 assessments pursuant to this section, the notice required by 98.21 section 13.04, subdivision 2, need not be provided to a minor 98.22 under the age of ten who is the alleged victim of abuse or 98.23 neglect. An individual subject of a record shall have access to 98.24 the record in accordance with those sections, except that the 98.25 name of the reporter shall be confidential while the report is 98.26 under assessment or investigation except as otherwise permitted 98.27 by this subdivision. Any person conducting an investigation or 98.28 assessment under this section who intentionally discloses the 98.29 identity of a reporter prior to the completion of the 98.30 investigation or assessment is guilty of a misdemeanor. After 98.31 the assessment or investigation is completed, the name of the 98.32 reporter shall be confidential. The subject of the report may 98.33 compel disclosure of the name of the reporter only with the 98.34 consent of the reporter or upon a written finding by the court 98.35 that the report was false and that there is evidence that the 98.36 report was made in bad faith. This subdivision does not alter 99.1 disclosure responsibilities or obligations under the rules of 99.2 criminal procedure. 99.3 (b) Upon request of the legislative auditor, data on 99.4 individuals maintained under this section must be released to 99.5 the legislative auditor in order for the auditor to fulfill the 99.6 auditor's duties under section 3.971. The auditor shall 99.7 maintain the data in accordance with chapter 13. 99.8 (c) The commissioner of children, families, and learning 99.9 must be provided with all requested data that are relevant to a 99.10 report of maltreatment in possession of a school facility as 99.11 defined in subdivision 2, paragraph (f), when the data is 99.12 requested pursuant to an assessment or investigation of a 99.13 maltreatment report of a student in a school. If the 99.14 commissioner of children, families, and learning makes a 99.15 determination of maltreatment involving an individual performing 99.16 work within a school facility who is licensed by a board or 99.17 other agency, the commissioner shall provide necessary and 99.18 relevant information to the licensing entity to enable the 99.19 entity to fulfill its statutory duties. Notwithstanding section 99.20 13.03, subdivision 4, data received by a licensing entity under 99.21 this paragraph are governed by section 13.41 or other applicable 99.22 law governing data of the receiving entity, except that this 99.23 section applies to the classification of and access to data on 99.24 the reporter of the maltreatment. 99.25 ARTICLE 6 99.26 FACILITIES AND TECHNOLOGY 99.27 Section 1. Minnesota Statutes 2000, section 16B.616, 99.28 subdivision 4, is amended to read: 99.29 Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule 99.30 charter city that is not covered by the code because of action 99.31 taken under section 16B.72 or 16B.73 is responsible for 99.32 enforcement in the city of the code's requirements for bleacher 99.33 safety. In all other areas where the code does not apply 99.34 because of action taken under section 16B.72 or 16B.73, the 99.35 county is responsible for enforcement of those requirements. 99.36 (b) Municipalities that have not adopted the code may 100.1 enforce the code requirements for bleacher safety by either 100.2 entering into a joint powers agreement for enforcement with 100.3 another municipality that has adopted the code or contracting 100.4 for enforcement with a qualified and certified building official 100.5 or state licensed design professional to enforce the code. 100.6 (c) Municipalities, school districts, organizations, 100.7 individuals, and other persons operating or owning places of 100.8 public accommodation with bleachers that are subject to the 100.9 safety requirements in subdivision 3 shall provide a signed 100.10 certification of compliance to the commissioner by January 1, 100.11 2002. For bleachers subject to the exception in subdivision 3, 100.12 clause (1), entities covered by this paragraph must have on file 100.13 a bleacher safety management plan and amortization schedule. 100.14 The certification shall be prepared by a qualified and certified 100.15 building official or state licensed design professional and 100.16 shall certify that the bleachers have been inspected and are in 100.17 compliance with the requirements of this section and are 100.18 structurally sound. For bleachers owned by a school district or 100.19 nonpublic school, the person the district or nonpublic school 100.20 designates to be responsible for buildings and grounds may make 100.21 the certification. 100.22 Sec. 2. Minnesota Statutes 2000, section 123A.442, 100.23 subdivision 2, is amended to read: 100.24 Subd. 2. [COOPERATION AND COMBINATION OR CONSOLIDATION.] 100.25 Districts that receive a cooperative secondary facilities 100.26 grantafter May 1, 1991,shall: 100.27 (1) submit a plan as set forth in section 123A.36 or 100.28 123A.48 for approval by thestate board of education100.29 commissioner; and 100.30 (2) hold a referendumonapproving the question of 100.31 combinationno later than four yearsor consolidation prior to 100.32 the receipt of state funds after a grant is awarded under 100.33 subdivision 1. 100.34 The districts are eligible for cooperation and combination 100.35 or consolidation revenue under section 123A.39, subdivision 3, 100.36 or 123A.485. 101.1 Sec. 3. Minnesota Statutes 2000, section 123B.71, 101.2 subdivision 1, is amended to read: 101.3 Subdivision 1. [CONSULTATION.] A school district shall 101.4 consult with the commissioner of children, families, and 101.5 learning before developing any plans and specifications to 101.6 construct, remodel, or improve the building or site of an 101.7 educational facility for which the estimated cost exceeds 101.8$100,000$250,000. This consultation shall occur before a 101.9 referendum for bonds, solicitation for bids, or use of capital 101.10 expenditure facilities revenue according to section 126C.10, 101.11 subdivision 14, clause (2). The commissioner may require the 101.12 district to participate in a management assistance plan before 101.13 conducting a review and comment on the project. 101.14 Sec. 4. Minnesota Statutes 2000, section 123B.71, 101.15 subdivision 4, is amended to read: 101.16 Subd. 4. [PLAN SUBMITTAL.] For a project for which 101.17 consultation is required under subdivision 1, the commissioner, 101.18 after the consultation required in subdivision 1, may require a 101.19 school district to submitthe followingpreliminary and final 101.20 plans for approval:101.21(a) two sets of preliminary plans for each new building or101.22addition, and101.23(b) one set of final plans for each construction,101.24remodeling, or site improvement project. The commissioner shall 101.25 approve or disapprove the plans within 90 days after submission. 101.26 Final plans shall meet all applicable state laws, rules, 101.27 and codes concerning public buildings, including sections 16B.59 101.28 to 16B.73.The department may furnish to a school district101.29plans and specifications for temporary school buildings101.30containing two classrooms or less.101.31 Sec. 5. Minnesota Statutes 2000, section 123B.71, 101.32 subdivision 8, is amended to read: 101.33 Subd. 8. [REVIEW AND COMMENT.] A school district, a 101.34 special education cooperative, or a cooperative unit of 101.35 government, as defined in section 123A.24, subdivision 2, must 101.36 not initiate an installment contract for purchase or a lease 102.1 agreement, hold a referendum for bonds, nor solicit bids for new 102.2 construction, expansion, or remodeling of an educational 102.3 facility that requires an expenditure in excess 102.4 of$400,000$750,000 per school site prior to review and comment 102.5 by the commissioner. The commissioner may exempt a facility 102.6 maintenance project funded with general education aid and levy 102.7 or health and safety revenue from this provision after reviewing 102.8 a written request from a school district describing the scope of 102.9 work. A school board shall not separate portions of a single 102.10 project into components to avoid the requirements of this 102.11 subdivision. 102.12 Sec. 6. Minnesota Statutes 2000, section 123B.71, 102.13 subdivision 9, is amended to read: 102.14 Subd. 9. [INFORMATION REQUIRED.] A school board proposing 102.15 to construct a facility described in subdivision 8 shall submit 102.16 to the commissioner a proposal containing information including 102.17 at least the following: 102.18(a) the geographic area proposed to be served, whether102.19within or outside the boundaries of the school district;102.20(b) the people proposed to be served, including census102.21findings and projections for the next ten years of the number of102.22preschool and school-aged people in the area;102.23(c) the reasonably anticipated need for the facility or102.24service to be provided;102.25(d) a description of the construction in reasonable detail,102.26including: the expenditures contemplated; the estimated annual102.27operating cost, including the anticipated salary and number of102.28new staff necessitated by the proposal; and an evaluation of the102.29energy efficiency and effectiveness of the construction,102.30including estimated annual energy costs; and a description of102.31the telephone capabilities of the facility and its classrooms;102.32(e) a description of existing facilities within the area to102.33be served and within school districts adjacent to the area to be102.34served; the extent to which existing facilities or services are102.35used; the extent to which alternate space is available,102.36including other school districts, post-secondary institutions,103.1other public or private buildings, or other noneducation103.2community resources; and the anticipated effect that the103.3facility will have on existing facilities and services;103.4(f) the anticipated benefit of the facility to the area;103.5(g) if known, the relationship of the proposed construction103.6to any priorities that have been established for the area to be103.7served;103.8(h) the availability and manner of financing the facility103.9and the estimated date to begin and complete the facility;103.10(i) desegregation requirements that cannot be met by any103.11other reasonable means;103.12(j) the relationship of the proposed facility to the103.13cooperative integrated learning needs of the area;103.14(k) the effects of the proposed facility on the district's103.15operating budget;103.16(l) the level of collaboration at the facility between the103.17district and other governmental or nonprofit entities; and103.18(m) the extent to which the district has minimized103.19administrative overhead among facilities.103.20 (1) the geographic area and population to be served, 103.21 preschool through grade 12 student enrollments for the past five 103.22 years, and student enrollment projections for the next five 103.23 years; 103.24 (2) a list of existing facilities and their utilization and 103.25 a discussion of the extent to which alternate facilities are 103.26 available within the school district boundaries or in adjacent 103.27 school districts; 103.28 (3) a list of the specific deficiencies of the facility 103.29 that demonstrate the need for a new or renovated facility to be 103.30 provided, and a list of the specific benefits that the new or 103.31 renovated facility will provide to the students, teachers, and 103.32 community users served by the facility; 103.33 (4) the relationship of the project to any priorities 103.34 established by the school district, educational cooperatives 103.35 that provide support services, or other public bodies in the 103.36 service area; 104.1 (5) a specification of how the project will increase 104.2 community use of the facility and whether and how the project 104.3 will increase collaboration with other governmental or nonprofit 104.4 entities; 104.5 (6) a description of the project, including the 104.6 specification of site and outdoor space acreage and square 104.7 footage allocations for classrooms, laboratories, and support 104.8 spaces; estimated expenditures for the major portions of the 104.9 project; and the dates the project will begin and be completed; 104.10 (7) a specification of the source of financing the project; 104.11 the scheduled date for a bond issue or school board action; a 104.12 schedule of payments, including debt service equalization aid; 104.13 and the effect of a bond issue on local property taxes by the 104.14 property class and valuation; 104.15 (8) an analysis of how the proposed new or remodeled 104.16 facility will affect school district operational or 104.17 administrative staffing costs, and how the district's operating 104.18 budget will cover any increased operational or administrative 104.19 staffing costs; 104.20 (9) a description of the consultation with local or state 104.21 road and transportation officials on school site access and 104.22 safety issues, and the ways that the project will address those 104.23 issues; 104.24 (10) a description of how indoor air quality issues have 104.25 been considered and a certification that the architects and 104.26 engineers designing the facility will have professional 104.27 liability insurance; 104.28 (11) as required under section 123B.72, for buildings 104.29 coming into service after July 1, 2002, a certification that the 104.30 plans and designs for the extensively renovated or new 104.31 facility's heating, ventilation, and air conditioning systems 104.32 will meet or exceed code standards, will provide for the 104.33 monitoring of outdoor airflow and total airflow of ventilation 104.34 systems, and will provide an indoor air quality filtration 104.35 system that meets ASHRAE standard 52.1; and 104.36 (12) a specification of any desegregation requirements that 105.1 cannot be met by any other reasonable means. 105.2 Sec. 7. [REPEALER.] 105.3 Minnesota Statutes 2000, section 123B.71, subdivisions 3 105.4 and 10, are repealed. 105.5 ARTICLE 7 105.6 LIBRARIES 105.7 Section 1. Minnesota Statutes 2000, section 134.31, 105.8 subdivision 5, is amended to read: 105.9 Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall 105.10 appoint an advisory committee of five members to advise the 105.11 staff of the Minnesota library for the blind and physically 105.12 handicapped on long-range plans and library services. Members 105.13 shall be people who use the library. Section 15.059 governs 105.14 this committee except that the committee shall expire on June 105.15 30,20012003. 105.16 Sec. 2. [REPEALER.] 105.17 Minnesota Rules, parts 3530.2610; 3530.2612; 3530.2614; 105.18 3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 105.19 3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 105.20 3530.2636; 3530.2638; 3530.2640; 3530.2642; and 3530.2644, are 105.21 repealed. 105.22 ARTICLE 8 105.23 ADVISORY COMMITTEES AND MISCELLANEOUS 105.24 K-12 EDUCATION PROVISIONS 105.25 Section 1. Minnesota Statutes 2000, section 124D.80, 105.26 subdivision 1, is amended to read: 105.27 Subdivision 1. [ESTABLISHMENT.] The commissioner of 105.28 children, families, and learning shall createone or morean 105.29 18-member American Indian educationcommitteescommittee. The 105.30 commissioner must appoint members with the assistance of the 105.31 Indian affairs council as provided under section 3.922, 105.32 subdivision 6, and the higher education services office. 105.33 Members must include representatives of tribal bodies, community 105.34 groups, parents of children eligible to be served by the 105.35 programs, American Indian administrators and teachers, persons 105.36 experienced in the training of teachers for American Indian 106.1 education programs, persons involved in programs for American 106.2 Indian children in American Indian schools, and persons 106.3 knowledgeable in the field of American Indian education. 106.4 Members shall be appointed so as to be representative of 106.5 significant segments of the population of American Indians, with 106.6 membership consisting of representatives from the 11 106.7 reservations and the Minnesota Chippewa tribe, the chair of the 106.8 Minnesota Indian affairs council, urban advisory council, and 106.9 five urban at-large representatives, two of which reside in the 106.10 metropolitan area, one of which resides in the Duluth area, one 106.11 of which resides in the Bemidji area, and one of which resides 106.12 in the southern region of the state. 106.13 Sec. 2. Minnesota Statutes 2000, section 124D.80, 106.14 subdivision 2, is amended to read: 106.15 Subd. 2. [COMMITTEE TO ADVISE COMMISSIONER.]EachThe 106.16 committee on American Indian education programs shall advise the 106.17 commissioner in the administration of the commissioner's duties 106.18 under sections 124D.71 to 124D.82 and other programs for the 106.19 education of American Indian people, as determined by the 106.20 commissioner. The committee shall also provide advice to the 106.21 commissioner in awarding scholarships to eligible American 106.22 Indian students and in administering the commissioner's duties 106.23 regarding awarding of American Indian post-secondary preparation 106.24 grants to school districts. The committee may work in multiple 106.25 subcommittees focused on general Indian education issues and 106.26 scholarship-related issues. 106.27 Sec. 3. Minnesota Statutes 2000, section 124D.80, 106.28 subdivision 3, is amended to read: 106.29 Subd. 3. [EXPENSES; EXPIRATION.]EachThe committee must 106.30 be reimbursed for expenses according to section 15.059, 106.31 subdivision 6. The commissioner must determine the membership 106.32 terms and the duration ofeachthe committee, which shall expire 106.33 no later than June 30,20012003. 106.34 Sec. 4. Minnesota Statutes 2000, section 127A.30, is 106.35 amended to read: 106.36 127A.30 [PERMANENT SCHOOL FUND ADVISORY COMMITTEE.] 107.1 A state permanent school fund advisory committee is 107.2 established to advise the department of natural resources on the 107.3 management of permanent school fund land, which is held in trust 107.4 for the school districts of the state. The advisory committee 107.5 must consist of the following persons or their designees: the 107.6 chairs of the education committees of the legislature, the 107.7 chairs of the senate committee on finance and house committee on 107.8 ways and means, the commissioner of children, families, and 107.9 learning, one superintendent from a nonmetropolitan district, 107.10 and one superintendent from a metropolitan area district. The 107.11 school district superintendents shall be appointed by the 107.12 commissioner of children, families, and learning. The advisory 107.13 committee shall expire June 30, 2003. 107.14 The advisory committee shall review the policies of the 107.15 department of natural resources and current statutes on 107.16 management of school trust fund lands at least semiannually and 107.17 shall recommend necessary changes in statutes, policy, and 107.18 implementation in order to ensure provident utilization of the 107.19 permanent school fund lands. 107.20 Sec. 5. [REPEALER.] 107.21 Minnesota Statutes 2000, sections 124D.07, and 124D.23, 107.22 subdivision 9, are repealed. 107.23 ARTICLE 9 107.24 CURRICULUM AND ASSESSMENT 107.25 Section 1. Minnesota Statutes 2000, section 120B.11, 107.26 subdivision 5, is amended to read: 107.27 Subd. 5. [REPORT.] (a) By October 1 of each year, the 107.28 school board shall use standard statewide reporting procedures 107.29 the commissioner develops and adopt a report that includes the 107.30 following: 107.31 (1) student performance goals for meeting state graduation 107.32 standards adopted for that year; 107.33 (2) results of local assessment data, and any additional 107.34 test data; 107.35 (3) the annual school district improvement plans; 107.36 (4) information about district and learning site progress 108.1 in realizing previously adopted improvement plans; and 108.2 (5) the amount and type of revenue attributed to each 108.3 education site as defined in section 123B.04. 108.4 (b) The school board shall publish the report in the local 108.5 newspaper with the largest circulation in the district or by 108.6 mail. The board shall make a copy of the report available to 108.7 the public for inspection. The board shall send a copy of the 108.8 report to the commissioner of children, families, and learning 108.9 by October 15 of each year. 108.10 (c) The title of the report shall contain the name and 108.11 number of the school district and read "Annual Report on 108.12 Curriculum, Instruction, and Student Performance."The report108.13must include at least the following information about advisory108.14committee membership:108.15(1) the name of each committee member and the date when108.16that member's term expires;108.17(2) the method and criteria the school board uses to select108.18committee members; and108.19(3) the date by which a community resident must apply to108.20next serve on the committee.108.21 Sec. 2. Minnesota Statutes 2000, section 120B.22, 108.22 subdivision 1, is amended to read: 108.23 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The 108.24 commissioner of children, families, and learning, in 108.25 consultation with the commissioners of health and human 108.26 services, state minority councils, battered women's and domestic 108.27 abuse programs, battered women's shelters, sexual assault 108.28 centers, representatives of religious communities, and the 108.29 assistant commissioner of the office of drug policy and violence 108.30 prevention, shall assist districts on request in developing or 108.31 implementing a violence prevention program for students in 108.32 kindergarten to grade 12 that can be integrated into existing 108.33 curriculum.The purpose of the program is to help students108.34learn how to resolve conflicts within their families and108.35communities in nonviolent, effective ways.108.36 (b) Each district is encouraged to integrate into its 109.1 existing curriculum a program for violence prevention that 109.2 includes at least: 109.3 (1) a comprehensive, accurate, and age appropriate 109.4 curriculum on violence prevention, nonviolent conflict 109.5 resolution, sexual, racial, and cultural harassment, and student 109.6 hazing that promotes equality, respect, understanding, effective 109.7 communication, individual responsibility, thoughtful decision 109.8 making, positive conflict resolution, useful coping skills, 109.9 critical thinking, listening and watching skills, and personal 109.10 safety; 109.11 (2) planning materials, guidelines, and other accurate 109.12 information on preventing physical and emotional violence, 109.13 identifying and reducing the incidence of sexual, racial, and 109.14 cultural harassment, and reducing child abuse and neglect; 109.15 (3) a special parent education component of early childhood 109.16 family education programs to prevent child abuse and neglect and 109.17 to promote positive parenting skills, giving priority to 109.18 services and outreach programs for at-risk families; 109.19 (4) involvement of parents and other community members, 109.20 including the clergy, business representatives, civic leaders, 109.21 local elected officials, law enforcement officials, and the 109.22 county attorney; 109.23 (5) collaboration with local community services, agencies, 109.24 and organizations that assist in violence intervention or 109.25 prevention, including family-based services, crisis services, 109.26 life management skills services, case coordination services, 109.27 mental health services, and early intervention services; 109.28 (6) collaboration among districts and service cooperatives; 109.29 (7) targeting early adolescents for prevention efforts, 109.30 especially early adolescents whose personal circumstances may 109.31 lead to violent or harassing behavior; 109.32 (8) opportunities for teachers to receive in-service 109.33 training or attend other programs on strategies or curriculum 109.34 designed to assist students in intervening in or preventing 109.35 violence in school and at home; and 109.36 (9) administrative policies that reflect, and a staff that 110.1 models, nonviolent behaviors that do not display or condone 110.2 sexual, racial, or cultural harassment or student hazing. 110.3(c) The department may provide assistance at a neutral site110.4to a nonpublic school participating in a district's program.110.5 Sec. 3. [REPEALER.] 110.6 Minnesota Statutes 2000, sections 120B.10; 120B.11, 110.7 subdivisions 3, 4, and 7; and 120B.24, are repealed. 110.8 ARTICLE 10 110.9 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 110.10 Section 1. Minnesota Statutes 2000, section 121A.06, is 110.11 amended to read: 110.12 121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 110.13 ZONES.] 110.14 Subdivision 1. [DEFINITIONS.] As used in this section: 110.15 (1) "dangerous weapon" has the meaning given it in section 110.16 609.02, subdivision 6; and 110.17 (2)"school" has the meaning given it in section 120A.22,110.18subdivision 4; and110.19(3)"school zone" has the meaning given it in section 110.20 152.01, subdivision 14a, clauses (1) and (3). 110.21 Subd. 2. [REPORTS; CONTENT.]By January 1, 1994,The 110.22 commissioner, in consultation with the criminal and juvenile110.23information policy group,shalldevelopmaintain a standardized 110.24 form to be used by schools to report incidents involving the use 110.25 or possession of a dangerous weapon in school zones.The form110.26shall include the following information:110.27(1) a description of each incident, including a description110.28of the dangerous weapon involved in the incident;110.29(2) where, at what time, and under what circumstances the110.30incident occurred;110.31(3) information about the offender, other than the110.32offender's name, including the offender's age; whether the110.33offender was a student and, if so, where the offender attended110.34school; and whether the offender was under school expulsion or110.35suspension at the time of the incident;110.36(4) information about the victim other than the victim's111.1name, if any, including the victim's age; whether the victim was111.2a student and, if so, where the victim attended school; and if111.3the victim was not a student, whether the victim was employed at111.4the school;111.5(5) the cost of the incident to the school and to the111.6victim; and111.7(6) the action taken by the school administration to111.8respond to the incident.111.9The commissioner also shall develop an alternative111.10reporting format that allows school districts to provide111.11aggregate data, with an option to use computer technology to111.12report the data.111.13 Subd. 3. [REPORTS; FILING REQUIREMENTS.] ByFebruary 1 and111.14 July 1 of each year, each school shall report incidents 111.15 involving the use or possession of a dangerous weapon in school 111.16 zones to the commissioner. The reports must be made on the 111.17 standardized forms or using the alternative format developed by 111.18 the commissioner under subdivision 2. The commissioner shall 111.19 compile the information it receives from the schools and report 111.20 it annually to the commissioner of public safety, the criminal 111.21 and juvenile information policy group, and the legislature. 111.22 Sec. 2. Minnesota Statutes 2000, section 121A.11, 111.23 subdivision 1, is amended to read: 111.24 Subdivision 1. [DISPLAYED BY SCHOOLS.] Every public school 111.25 in Minnesota must display an appropriate United States flag when 111.26 in session.The flag shall be displayed upon the school grounds111.27or outside the school building, on a proper staff, on every111.28legal holiday occurring during the school term and at such other111.29times as the board of the district may direct.The flag must be 111.30 displayed within the principal rooms of the school building at 111.31 all other times while school is in session. 111.32 Sec. 3. Minnesota Statutes 2000, section 121A.15, is 111.33 amended to read: 111.34 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 111.35 Subdivision 1. Except as provided in subdivisions 3, 4, 111.36 and 10, no person over two months old may be allowed to enroll 112.1 or remain enrolled in any elementary or secondary school or 112.2 child care facility in this state until the person has submitted 112.3 to the administratoror other person having general control and112.4supervision of the school or child care facility,one of the 112.5 following statements: 112.6 (1) a statement froma physician or a public clinic which112.7provides immunizationsan immunization provider stating that the 112.8 person has received immunization, consistent with medically 112.9 acceptable standards, against measles after having attained the 112.10 age of 12 months, rubella, diphtheria, tetanus, pertussis, 112.11 polio, mumps, haemophilus influenza type b, and hepatitis B; or 112.12 (2) a statement froma physician or a public clinic which112.13provides immunizationsan immunization provider stating that the 112.14 person has received immunizations, consistent with medically 112.15 acceptable standards, against measles after having attained the 112.16 age of 12 months, rubella, mumps, and haemophilus influenza type 112.17 b and that the person has commenced a schedule of immunizations 112.18 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 112.19 which indicates the month and year of each immunization received. 112.20 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 112.21 commenced a treatment schedule of immunization pursuant to 112.22 subdivision 1, clause (2), may remain enrolled in any child care 112.23 facility, elementary, or secondary school in this state after 18 112.24 months of enrollment unless there is submitted to the 112.25 administrator, or other person having general control and112.26supervision of the school or child care facility, a statement112.27from a physician or a public clinic which provides immunizations112.28 an immunization provider's statement that the person has 112.29 completed the primary schedule of immunizations for diphtheria, 112.30 tetanus, pertussis, polio, and hepatitis B. The statement must 112.31 include the month, day, and year of each additional immunization 112.32 received. For a child less than seven years of age, a primary 112.33 schedule of immunizations shall consist of four doses of vaccine 112.34 for diphtheria, tetanus, and pertussis and three doses of 112.35 vaccine for poliomyelitis and hepatitis B. For a child seven 112.36 years of age or older, a primary schedule of immunizations shall 113.1 consist of three doses of vaccine for diphtheria, tetanus, 113.2 polio, and hepatitis B as specified in subdivision 10. 113.3 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 113.4 is at least seven years old and has not been immunized against 113.5 pertussis, the person must not be required to be immunized 113.6 against pertussis. 113.7 (b) If a person is at least 18 years old and has not 113.8 completed a series of immunizations against poliomyelitis, the 113.9 person must not be required to be immunized against 113.10 poliomyelitis. 113.11 (c) If a statement, signed by a physician, is submitted to 113.12 the administratoror other person having general control and113.13supervision of the school or child care facilitystating that an 113.14 immunization is contraindicated for medical reasons or that 113.15 laboratory confirmation of the presence of adequate immunity 113.16 exists, the immunization specified in the statement need not be 113.17 required. 113.18 (d) If a notarized statement signed by the minor child's 113.19 parent or guardian or by the emancipated person is submitted to 113.20 the administratoror other person having general control and113.21supervision of the school or child care facilitystating that 113.22 the person has not been immunized as prescribed in subdivision 1 113.23 because of the conscientiously held beliefs of the parent or 113.24 guardian of the minor child or of the emancipated person, the 113.25 immunizations specified in the statement shall not be required. 113.26 This statement must also be forwarded to the commissioner of the 113.27 department of health. 113.28 (e) If the person is under 15 months, the person is not 113.29 required to be immunized against measles, rubella, or mumps. 113.30 (f) If a person is at least five years old and has not been 113.31 immunized against haemophilus influenza type b, the person is 113.32 not required to be immunized against haemophilus influenza type 113.33 b. 113.34 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 113.35 who is enrolling or enrolled in an elementary or secondary 113.36 school or child care facility may substitute a statement from 114.1 the emancipated person or a parent or guardian if the person is 114.2 a minor child in lieu of the statement froma physician or114.3public clinic which provides immunizationsan immunization 114.4 provider. If the statement is from a parent or guardian or 114.5 emancipated person, the statement must indicate the month and 114.6 year of each immunization given. 114.7 (b) In order for the statement to be acceptable for a 114.8 person who is enrolling in an elementary school and who is six 114.9 years of age or younger, it must indicate that the following was 114.10 given: no less than one dose of vaccine each for measles, 114.11 mumps, and rubellagiven separately or in combination; no less 114.12 than four doses of vaccine for poliomyelitis, unless the third 114.13 dose was given after the fourth birthday, then three doses are 114.14 minimum; no less than five doses of vaccine for diphtheria, 114.15 tetanus, and pertussis, unless the fourth dose was given after 114.16 the fourth birthday, then four doses are minimum; and no less 114.17 than three doses of vaccine for hepatitis B as specified in 114.18 subdivision 10. 114.19 (c) In order for the statement to be consistent with 114.20 subdivision 10 and acceptable for a person who is enrolling in 114.21 an elementary or secondary school and is age seven through age 114.22 19, the statement must indicate that the person has received no 114.23 less than one dose of vaccine each for measles, mumps, and 114.24 rubellagiven separately or in combination, and no less than 114.25 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 114.26 and hepatitis B. 114.27 (d) In order for the statement to be acceptable for a 114.28 person who is enrolling in a secondary school, and who was born 114.29 after 1956 and is 20 years of age or older, the statement must 114.30 indicate that the person has received no less than one dose of 114.31 vaccine each for measles, mumps, and rubellagiven separately or114.32in combination, and no less than one dose of vaccine for 114.33 diphtheria and tetanus within the preceding ten years. 114.34 (e) In order for the statement to be acceptable for a 114.35 person who is enrolling in a child care facility and who is at 114.36 least 15 months old but who has not reached five years of age, 115.1 it must indicate that the following were given: no less than 115.2 one dose of vaccine each for measles, mumps, and rubellagiven115.3separately or in combination; no less than one dose of vaccine 115.4 for haemophilus influenza type b; no less than four doses of 115.5 vaccine for diphtheria, tetanus, and pertussis; and no less than 115.6 three doses of vaccine for poliomyelitis. 115.7 (f) In order for the statement to be acceptable for a 115.8 person who is enrolling in a child care facility and who is five 115.9 or six years of age, it must indicate that the following was 115.10 given: no less than one dose of vaccine each for measles, 115.11 mumps, and rubellagiven separately or in combination; no less 115.12 than four doses of vaccine for diphtheria, tetanus, and 115.13 pertussis; and no less than three doses of vaccine for 115.14 poliomyelitis. 115.15 (g) In order for the statement to be acceptable for a 115.16 person who is enrolling in a child care facility and who is 115.17 seven years of age or older, the statement must indicate that 115.18 the person has received no less than one dose of vaccine each 115.19 for measles, mumps, and rubellagiven separately or in115.20combination and, consistent with subdivision 10, and no less 115.21 than three doses of vaccine for poliomyelitis, diphtheria, and 115.22 tetanus. 115.23(h) The commissioner of health, on finding that any of the115.24above requirements are not necessary to protect the public's115.25health, may suspend for one year that requirement.115.26 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 115.27 person transfers from one elementary or secondary school to 115.28 another, the school board of a public school district or the 115.29 administrator of a nonpublic school may allow the person up to a 115.30 maximum of 30 days to submit one or more of the statements as 115.31 specified in subdivision 1 or 3, during which time the person 115.32 may enroll in and attend the school. If a person enrolls in a 115.33 child care facility in which at least 75 percent of children in 115.34 the facility participate on a one-time only or occasional basis 115.35 to a maximum of 45 hours per child, per month, or is placed in a 115.36 facility by a crisis nursery, the person shall be exempt from 116.1 all requirements of this section for up to five consecutive 116.2 days, starting from the first day of attendance. 116.3 Subd. 6. [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 116.4 commissioner of health, on finding that an immunization required 116.5 pursuant to this section is not necessary to protect the 116.6 public's health, may suspend for one year the requirement that 116.7 children receive that immunization. 116.8 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 116.9 child care facility shall maintain on file immunization records 116.10 for all persons in attendance that contain the information 116.11 required by subdivisions 1, 2, and 3. The school shall maintain 116.12 the records for at least five years after the person attains the 116.13 age of majority. The department of health and the board of 116.14 health, as defined in section 145A.02, subdivision 2, in whose 116.15 jurisdiction the school or child care facility is located, shall 116.16 have access to the files maintained pursuant to this 116.17 subdivision. When a person transfers to another elementary or 116.18 secondary school or child care facility, the administratoror116.19other person having general control and supervision of the116.20school or child care facilityshall assist the person's parent 116.21 or guardian in the transfer of the immunization file to the 116.22 person's new school or child care facility within 30 days of the 116.23 transfer. Upon the request of a public or private 116.24 post-secondary educational institution, as defined in section 116.25 135A.14, the administratoror other person having general116.26control or supervision of a schoolshall assist in the transfer 116.27 of a student's immunization file to the post-secondary 116.28 institution. 116.29 Subd. 8. [REPORT.] The administratoror other person116.30having general control and supervision of the elementary or116.31secondary schoolshall file a report with the commissioner on 116.32 all persons enrolled in the school. The superintendent of each 116.33 district shall file a report with the commissioner for all 116.34 persons within the district receiving instruction in a home 116.35 school in compliance with sections 120A.22 and 120A.24. The 116.36 parent of persons receiving instruction in a home school shall 117.1 submit the statements as required by subdivisions 1, 2, 3, and 4 117.2 to the superintendent of the district in which the person 117.3 resides by October 1 of each school year. The school report 117.4 must be prepared on forms developed jointly by the commissioner 117.5 of health and the commissioner of children, families, and 117.6 learning and be distributed to the local districts by the 117.7 commissioner of health. The school report must state the number 117.8 of persons attending the school, the number of persons who have 117.9 not been immunized according to subdivision 1 or 2, and the 117.10 number of persons who received an exemption under subdivision 3, 117.11 clause (c) or (d). The school report must be filed with the 117.12 commissioner of children, families, and learning within 60 days 117.13 of the commencement of each new school term. Upon request, a 117.14 district must be given a 60-day extension for filing the school 117.15 report. The commissioner of children, families, and learning 117.16 shall forward the report, or a copy thereof, to the commissioner 117.17 of health who shall provide summary reports to boards of health 117.18 as defined in section 145A.02, subdivision 2. The administrator 117.19or other person having general control and supervision of the117.20child care facilityshall file a report with the commissioner of 117.21 human services on all persons enrolled in the child care 117.22 facility. The child care facility report must be prepared on 117.23 forms developed jointly by the commissioner of health and the 117.24 commissioner of human services and be distributed to child care 117.25 facilities by the commissioner of health. The child care 117.26 facility report must state the number of persons enrolled in the 117.27 facility, the number of persons with no immunizations, the 117.28 number of persons who received an exemption under subdivision 3, 117.29 clause (c) or (d), and the number of persons with partial or 117.30 full immunization histories. The child care facility report 117.31 must be filed with the commissioner of human services by 117.32 November 1 of each year. The commissioner of human services 117.33 shall forward the report, or a copy thereof, to the commissioner 117.34 of health who shall provide summary reports to boards of health 117.35 as defined in section 145A.02, subdivision 2. The report 117.36 required by this subdivision is not required of a family child 118.1 care or group family child care facility, for prekindergarten 118.2 children enrolled in any elementary or secondary school provided 118.3 services according to sections 125A.05 and 125A.06, nor for 118.4 child care facilities in which at least 75 percent of children 118.5 in the facility participate on a one-time only or occasional 118.6 basis to a maximum of 45 hours per child, per month. 118.7 Subd. 9. [DEFINITIONS.] As used in this section the 118.8 following terms have the meanings given them. 118.9 (a) "Elementary or secondary school" includes any public 118.10 school as defined in section 120A.05, subdivisions 9, 11, 13, 118.11 and 17, or nonpublic school, church, or religious organization, 118.12 or home school in which a child is provided instruction in 118.13 compliance with sections 120A.22 and 120A.24. 118.14 (b) "Person enrolled in any elementary or secondary school" 118.15 means a personborn after 1956 andenrolled in grades 118.16 kindergarten through 12, and a child with a disability receiving 118.17 special instruction and services as required insectionssection 118.18 125A.03to 125A.24 and 125A.65, excluding a child being provided 118.19 services according to section 125A.05, paragraph (c), or118.20125A.06, paragraph (d). 118.21 (c) "Child care facility" includes those child care 118.22 programs subject to licensure under chapter 245A, and Minnesota 118.23 Rules, chapters 9502 and 9503. 118.24 (d) "Family child care" means child care for no more than 118.25 ten children at one time of which no more than six are under 118.26 school age. The licensed capacity must include all children of 118.27 any caregiver when the children are present in the residence. 118.28 (e) "Group family child care" means child care for no more 118.29 than 14 children at any one time. The total number of children 118.30 includes all children of any caregiver when the children are 118.31 present in the residence. 118.32 (f) "Administrator" means any individual having general 118.33 control and supervision of a school or child care facility. 118.34 (g) "Immunization provider" means any physician, health 118.35 care provider, or public clinic that provides immunizations. 118.36 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 119.1 statement required to be submitted under subdivisions 1, 2, and 119.2 4 to document evidence of immunization shall include month, day, 119.3 and year for immunizations administered after January 1, 1990. 119.4 (a)For persons enrolled in grades 7 and 12 during the119.51996-1997 school term, the statement must indicate that the119.6person has received a dose of tetanus and diphtheria toxoid no119.7earlier than 11 years of age.119.8(b) Except as specified in paragraph (e), for persons119.9enrolled in grades 7, 8, and 12 during the 1997-1998 school119.10term, the statement must indicate that the person has received a119.11dose of tetanus and diphtheria toxoid no earlier than 11 years119.12of age.119.13(c)Except as specified in paragraph(e)(c), for persons 119.14 enrolled in grades 7 through 12 during the 1998-1999 school term 119.15 and for each year thereafter, the statement must indicate that 119.16 the person has received a dose of tetanus and diphtheria toxoid 119.17 no earlier than 11 years of age. 119.18(d)(b) For persons enrolled in grades 7 through 12during119.19the 1996-1997 school year and for each year thereafter, the 119.20 statement must indicate that the person has received at least 119.21 two doses of vaccine against measles, mumps, and rubella,given119.22alone or separatelyand given not less than one month apart. 119.23(e)(c) A person who has received at least three doses of 119.24 tetanus and diphtheria toxoids, with the most recent dose given 119.25 after age six and before age 11, is not required to have 119.26 additional immunization against diphtheria and tetanus until ten 119.27 years have elapsed from the person's most recent dose of tetanus 119.28 and diphtheria toxoid. 119.29(f)(d) The requirement for hepatitis B vaccination shall 119.30 apply to persons enrolling in kindergarten beginning with the 119.31 2000-2001 school term. 119.32(g)(e) The requirement for hepatitis B vaccination shall 119.33 apply to persons enrolling in grade 7 beginning with the 119.34 2001-2002 school term. 119.35 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 119.36 RESPONSIBILITIES.] Nothing in this section relieves the 120.1 commissioner of human services of the responsibility, under 120.2 chapter 245A, to inspect and assure that statements required by 120.3 this section are on file at child care programs subject to 120.4 licensure. 120.5 Sec. 4. Minnesota Statutes 2000, section 121A.26, is 120.6 amended to read: 120.7 121A.26 [SCHOOL PREASSESSMENT TEAMS.] 120.8 Every public school, and every nonpublic school that 120.9 participates in a school district chemical abuse program shall 120.10 establish a chemical abuse preassessment team. The 120.11 preassessment team must be composed of classroom teachers, 120.12 administrators, and to the extent they exist in each school, 120.13 school nurse, school counselor or psychologist, social worker, 120.14 chemical abuse specialist, and other appropriate professional 120.15 staff. The superintendents or their designees shall designate 120.16 the team members in the public schools. The preassessment team 120.17 is responsible for addressing reports of chemical abuse problems 120.18 and making recommendations for appropriate responses to the 120.19 individual reported cases. Districts shall adopt a process for 120.20 addressing reports of chemical abuse problems. 120.21Within 45 days after receiving an individual reported case,120.22the preassessment team shall make a determination whether to120.23provide the student and, in the case of a minor, the student's120.24parents with information about school and community services in120.25connection with chemical abuse. Data may be disclosed without120.26consent in health and safety emergencies pursuant to section120.2713.32 and applicable federal law and regulations.120.28Notwithstanding section 138.163, destruction of records120.29identifying individual students shall be governed by this120.30section. If the preassessment team decides not to provide a120.31student and, in the case of a minor, the student's parents with120.32information about school or community services in connection120.33with chemical abuse, records created or maintained by the120.34preassessment team about the student shall be destroyed not120.35later than six months after the determination is made. If the120.36preassessment team decides to provide a student and, in the case121.1of a minor, the student's parents with information about school121.2or community services in connection with chemical abuse, records121.3created or maintained by the preassessment team about the121.4student shall be destroyed not later than six months after the121.5student is no longer enrolled in the district.121.6 Sec. 5. Minnesota Statutes 2000, section 121A.27, is 121.7 amended to read: 121.8 121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 121.9 The superintendent, with the advice of the school board, 121.10 shall establish a school and community advisory team to address 121.11 chemical abuse problems in the district.The school and121.12community advisory team must be composed of representatives from121.13the school preassessment team established in section 121A.26, to121.14the extent possible, law enforcement agencies, county attorney's121.15office, social service agencies, chemical abuse treatment121.16programs, parents, and the business community. The community121.17advisory team shall:121.18(1) build awareness of the problem within the community,121.19identify available treatment and counseling programs for121.20students and develop good working relationships and enhance121.21communication between the schools and other community agencies;121.22and121.23(2) develop a written procedure clarifying the notification121.24process to be used by the chemical abuse preassessment team121.25established under section 121A.26 when a student is believed to121.26be in possession of or under the influence of alcohol or a121.27controlled substance. The procedure must include contact with121.28the student, and the student's parents or guardian in the case121.29of a minor student.121.30 Sec. 6. Minnesota Statutes 2000, section 121A.28, is 121.31 amended to read: 121.32 121A.28 [LAW ENFORCEMENT RECORDS.] 121.33 A law enforcement agency shall provide notice of any drug 121.34 incident occurring within the agency's jurisdiction, in which 121.35 the agency has probable cause to believe a student violated 121.36 section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 122.1 152.097, or 340A.503, subdivision 1, 2, or 3. The notice shall 122.2 be in writing and shall be provided, within two weeks after an 122.3 incident occurs, to thechemical abuse preassessment team in the122.4 school where the student is enrolled. 122.5 Sec. 7. Minnesota Statutes 2000, section 121A.29, 122.6 subdivision 1, is amended to read: 122.7 Subdivision 1. [TEACHER'S DUTY.] A teacher in a nonpublic 122.8 school participating in a school district chemical use program, 122.9 or a public school teacher, who knows or has reason to believe 122.10 that a student is using, possessing, or transferring alcohol or 122.11 a controlled substance while on the school premises or involved 122.12 in school-related activities, shall immediately notify 122.13 theschool's chemical abuse preassessment teamschool of this 122.14 information. A teacher who complies with this section shall be 122.15 defended and indemnified under section 466.07, subdivision 1, in 122.16 any action for damages arising out of the compliance. 122.17 Sec. 8. Minnesota Statutes 2000, section 121A.32, 122.18 subdivision 1, is amended to read: 122.19 Subdivision 1. [REQUIREMENT TO WEAR EYE PROTECTIVE 122.20 DEVICES.] (a) As a condition of enrollment in a course or 122.21 activity, everypersonstudent shall wear industrial quality eye 122.22 protective devices when participating in, observing or 122.23 performing any function in connection with,anycourses or 122.24 activities taking place in eye protection areas, as defined in 122.25 subdivision 3, of anyschool, college, university or other122.26educationalelementary or secondary institution in the state. 122.27 (b) Industrial quality eye protective devices are defined 122.28 as those meeting the standards of the American National 122.29 Standards Institute, currently identified as ANSI 287.1-1968. 122.30 (c) Any student failing to comply with this requirement may 122.31 be temporarily suspended from participation in that activity. 122.32 Repeated failure to comply with this requirement shall result in 122.33 cancellation of the student from the activity or course. 122.34 Sec. 9. Minnesota Statutes 2000, section 121A.34, is 122.35 amended to read: 122.36 121A.34 [SCHOOL SAFETY PATROLS.] 123.1 Subdivision 1. [ESTABLISHMENT.]In the exercise of123.2authorized control and supervision over pupils attending schools123.3and other educational institutions, both public and private,The 123.4 governing board or other directing authority of anysuchschool 123.5 or institution is empowered to authorize the organization and 123.6 supervision of school safety patrols for the purpose of 123.7 influencing and encouraging other pupils to refrain from 123.8 crossing public highways at points other than regular crossings 123.9 and for the purpose of directing pupils when and where to cross 123.10 highways. 123.11 Subd. 2. [APPOINTMENT OF MEMBERS.]Unless the parents or123.12guardian of a pupil object in writing to the school authorities123.13to the appointment of the pupil on a school safety patrol, it is123.14lawful for anyA pupil over nine yearsof age toold may be 123.15 appointedand designated as a member ofto the patrolin any123.16school in which. If there are no pupilswho have attained such123.17ageat least nine years old, then any pupil in the highest grade 123.18thereinin that school may besoappointedand123.19designated. The pupil's parent or guardian may object to the 123.20 appointment in writing to school authorities. School 123.21 authorities may also appoint and designate nonpupil adults as 123.22 members of a school safety patrol on a voluntary or for-hire 123.23 basis. 123.24 Subd. 3. [LIABILITY NOT TO ATTACH.]No liability shall123.25attach either to theA school, educational institution, 123.26 governing board, directing authority, or any individual 123.27 director, board member, superintendent, principal, teacher, or 123.28 other school authority by virtue of the organization, 123.29 maintenance, or operation ofsucha school safety patrol shall 123.30 not be liable because of injuries sustained by any pupil, 123.31 whether a member of the patrol or otherwiseby reason ofdue to 123.32 the operation and maintenance of the patrol. 123.33 Subd. 4. [IDENTIFY, OPERATION.] Identification and 123.34 operation of school safety patrols shall be uniform throughout 123.35 the state and the method of identification and signals to be 123.36 used shall be as prescribed by the commissioner of public 124.1 safety.School safety patrol members may wear fluorescent124.2reflective vests.124.3 Sec. 10. Minnesota Statutes 2000, section 121A.55, is 124.4 amended to read: 124.5 121A.55 [POLICIES TO BE ESTABLISHED.] 124.6 (a) The commissioner of children, families, and learning 124.7 shall promulgate guidelines to assist each school board. Each 124.8 school board shall establish uniform criteria for dismissal and 124.9 adopt written policies and rules to effectuate the purposes of 124.10 sections 121A.40 to 121A.56. The policies shall emphasize 124.11 preventing dismissals through early detection of problems and 124.12 shall be designed to address students' inappropriate behavior 124.13 from recurring. The policies shall recognize the continuing 124.14 responsibility of the school for the education of the pupil 124.15 during the dismissal period. The alternative educational 124.16 services, if the pupil wishes to take advantage of them, must be 124.17 adequate to allow the pupil to make progress towards meeting the 124.18 graduation standards adopted under section 120B.02 and help 124.19 prepare the pupil for readmission. 124.20 (b) An area learning center under section 123A.05 may not 124.21 prohibit an expelled or excluded pupil from enrolling solely 124.22 because a district expelled or excluded the pupil. The board of 124.23 the area learning center may use the provisions of the Pupil 124.24 Fair Dismissal Act to exclude a pupil or to require an admission 124.25 plan. 124.26(c) The commissioner shall actively encourage and assist124.27school districts to cooperatively establish alternative124.28educational services within school buildings or at alternative124.29program sites that offer instruction to pupils who are dismissed124.30from school for willfully engaging in dangerous, disruptive, or124.31violent behavior, including for possessing a firearm in a school124.32zone.124.33 Sec. 11. Minnesota Statutes 2000, section 121A.69, 124.34 subdivision 3, is amended to read: 124.35 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 124.36 adopt a written policy governing student or staff hazing. The 125.1 policy must apply to student behavior that occurs on or off 125.2 school property and during and after school hours.The policy125.3must include reporting procedures and disciplinary consequences125.4for violating the policy. Disciplinary consequences must be125.5sufficiently severe to deter violations and appropriately125.6discipline prohibited behavior. Disciplinary consequences must125.7conform with sections 121A.41 to 121A.56. Each school must125.8include the policy in the student handbook on school policies.125.9 Sec. 12. [REPEALER.] 125.10 Minnesota Statutes 2000, sections 121A.03, subdivision 3; 125.11 121A.16; 121A.32, subdivisions 2, 4, and 5; and 121A.41, 125.12 subdivision 3, are repealed. 125.13 ARTICLE 11 125.14 TEACHERS AND OTHER EDUCATORS 125.15 Section 1. Minnesota Statutes 2000, section 122A.09, 125.16 subdivision 6, is amended to read: 125.17 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 125.18 secretary of the board of teaching shall keep a record of the 125.19 proceedings of and a register of all persons licensed pursuant 125.20 to the provisions of this chapter.The register must show the125.21name, address, license number and the renewal of the license.125.22The board must on July 1, of each year or as soon thereafter as125.23is practicable, compile a list of such duly licensed teachers125.24and transmit a copy of the list to the board.A copy of the 125.25 register must be available during business hours at the office 125.26 of the board to any interested person. 125.27 Sec. 2. Minnesota Statutes 2000, section 122A.15, is 125.28 amended to read: 125.29 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 125.30 DEFINITIONS, LICENSURE.] 125.31 Subdivision 1. [TEACHERS.] The term "teachers" for the 125.32 purpose of licensure, means all persons employed in a public 125.33 school or education district or by a service cooperative as 125.34 members of the instructional, supervisory, and support staff 125.35 including superintendents, principals, supervisors, secondary 125.36 vocational and other classroom teachers, librarians, counselors, 126.1 school psychologists, school nurses, school social workers, 126.2 audio-visual directors and coordinators, recreation personnel, 126.3 media generalists, media supervisors, andspeech therapists126.4 educational speech-language pathologists. 126.5 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 126.6 for the purpose of licensure means superintendents, principals, 126.7 and professional employees who devote 50 percent or more of 126.8 their time to administrative or supervisory duties over other 126.9 personnel, and includes athletic coaches. 126.10 Sec. 3. Minnesota Statutes 2000, section 122A.22, is 126.11 amended to read: 126.12 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 126.13 No person shall be accounted a qualified teacher until the 126.14 person has filed either a teaching license for record or a 126.15 certified copy of a teaching license with the district 126.16 superintendent where the person intends to teacha license, or126.17certified copy of a license, authorizing the person to teach126.18school in the district school system. 126.19 Sec. 4. Minnesota Statutes 2000, section 122A.40, 126.20 subdivision 5, is amended to read: 126.21 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 126.22 consecutive years of a teacher's first teaching experience in 126.23 Minnesota in a single district is deemed to be a probationary 126.24 period of employment, and after completion thereof, the 126.25 probationary period in each district in which the teacher is 126.26 thereafter employed shall be one year. The school board must 126.27 adopt a plan for written evaluation of teachers during the 126.28 probationary period. Evaluation must occur at least three times 126.29 each year for a teacher performing services on 120 or more 126.30 school days, at least two times each year for a teacher 126.31 performing services on 60 to 119 school days, and at least one 126.32 time each year for a teacher performing services on fewer than 126.33 60 school days. Days devoted to parent-teacher conferences, 126.34 teachers' workshops, and other staff development opportunities 126.35 and days on which a teacher is absent from school must not be 126.36 included in determining the number of school days on which a 127.1 teacher performs services. Except as otherwise provided in 127.2 paragraph (b), during the probationary period any annual 127.3 contract with any teacher may or may not be renewed as the 127.4 school board shall see fit.However,The board must give any 127.5suchprobationary teacher whose contract it declines to renew 127.6 for the following school year written notice to that effect 127.7 before July 1. If the teacher requests reasons for any 127.8 nonrenewal of a teaching contract, the board must give the 127.9 teacher its reason in writing, including a statement that 127.10 appropriate supervision was furnished describing the nature and 127.11 the extent of such supervision furnished the teacher during the 127.12 employment by the board, within ten days after receiving such 127.13 request. The school board may, after a hearing held upon due 127.14 notice, discharge a teacher during the probationary period for 127.15 cause, effective immediately, under section 122A.44. 127.16 (b) A board must discharge a probationary teacher, 127.17 effective immediately, upon receipt of notice under section 127.18 122A.20, subdivision 1, paragraph (b), that the teacher's 127.19 license has been revoked due to a conviction for child abuse or 127.20 sexual abuse. 127.21 Sec. 5. Minnesota Statutes 2000, section 122A.40, 127.22 subdivision 8, is amended to read: 127.23 Subd. 8. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 127.24 school board and an exclusive representative of the teachers in 127.25 the district shall develop a peer review process for continuing 127.26 contract teachers and probationary teachers through joint 127.27 agreement. 127.28 Sec. 6. Minnesota Statutes 2000, section 122A.40, 127.29 subdivision 19, is amended to read: 127.30 Subd. 19. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 127.31 EXPUNGEMENT.] All evaluations and files generated within a 127.32 school district relating to each individual teacher must be 127.33 available to each individual teacher upon written request. 127.34 Effective January 1, 1976, all evaluations and files, wherever 127.35 generated, relating to each individual teacher must be available 127.36 to each individual teacher upon written request. The teacher 128.1 shall have the right to reproduce any of the contents of the 128.2 filesat the teacher's expenseand to submit for inclusion in 128.3 the file written information in response to any material 128.4 contained therein. 128.5 A district may destroy the files as provided by law and 128.6 must expunge from the teacher's file any material found to be 128.7 false or inaccurate through the grievance procedure required 128.8 pursuant to section 179A.20, subdivision 4. The grievance 128.9 procedure promulgated by the director of the bureau of mediation 128.10 services, pursuant to section 179A.04, subdivision 3, clause 128.11 (h), applies to those principals and supervisory employees not 128.12 included in an appropriate unit as defined in section 179A.03. 128.13 Expungement proceedings must be commenced within the time period 128.14 provided in the collective bargaining agreement for the 128.15 commencement of a grievance. If no time period is provided in 128.16 the bargaining agreement, the expungement proceedings must 128.17 commence within 15 days after the teacher has knowledge of the 128.18 inclusion in the teacher's file of the material the teacher 128.19 seeks to have expunged. 128.20 Sec. 7. Minnesota Statutes 2000, section 122A.41, 128.21 subdivision 15, is amended to read: 128.22 Subd. 15. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 128.23 EXPUNGEMENT.] All evaluations and files generated within a 128.24 district relating to each individual teacher must be available 128.25 to each individual teacher upon the teacher's written request. 128.26 Effective January 1, 1976, all evaluations and files, wherever 128.27 generated, relating to each individual teacher must be available 128.28 to each individual teacher upon the teacher's written request. 128.29 The teacher has the right to reproduce any of the contents of 128.30 the filesat the teacher's expenseand to submit for inclusion 128.31 in the file written information in response to any material 128.32 contained therein. 128.33 A district may destroy the files as provided by law and 128.34 must expunge from the teacher's file any material found to be 128.35 false or substantially inaccurate through the grievance 128.36 procedure required pursuant to section 179A.20, subdivision 4. 129.1 The grievance procedure promulgated by the director of the 129.2 bureau of mediation services, pursuant to section 179A.04, 129.3 subdivision 3, clause (h), applies to those principals and 129.4 supervisory employees not included in an appropriate unit as 129.5 defined in section 179A.03. Expungement proceedings must be 129.6 commenced within the time period provided in the collective 129.7 bargaining agreement for the commencement of a grievance. If no 129.8 time period is provided in the bargaining agreement, the 129.9 expungement proceedings must commence within 15 days after the 129.10 teacher has knowledge of the inclusion in the teacher's file of 129.11 the material the teacher seeks to have expunged. 129.12 Sec. 8. Minnesota Statutes 2000, section 122A.51, is 129.13 amended to read: 129.14 122A.51 [TEACHER LUNCH PERIOD.] 129.15 A teacher must be provided with a duty-free lunch period, 129.16 scheduled according toschool board policy ornegotiated 129.17 agreement. 129.18 Sec. 9. Minnesota Statutes 2000, section 122A.58, 129.19 subdivision 1, is amended to read: 129.20 Subdivision 1. [TERMINATION; HEARING.] Before a district 129.21 terminates during the interscholastic sports season the coaching 129.22 duties of an employee who isrequired to hold a license as an129.23athletic coach from the commissioner of children, families, and129.24learninga head varsity coach of an interscholastic sport at the 129.25 secondary school level, the district must notify the employee in 129.26 writing and state its reason for the proposed termination. 129.27 Within 14 days of receiving this notification, the employee may 129.28 request in writing a hearing on the termination before the 129.29 commissioner. If a hearing is requested, the commissioner must 129.30 hold a hearing within 25 days according to the hearing 129.31 procedures specified in section 122A.40, subdivision 14, and the 129.32 termination is final upon the order of the commissioner after 129.33 the hearing. 129.34 Sec. 10. Minnesota Statutes 2000, section 122A.60, 129.35 subdivision 1, is amended to read: 129.36 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 130.1 board must use the revenue authorized in section 122A.61 for 130.2 in-service education for programs under section 120B.22,130.3subdivision 2,or for staff development plans under this 130.4 section. The board must establish an advisory staff development 130.5 committee to develop the plan, assist site professional 130.6 development teams in developing a site plan consistent with the 130.7 goals of the plan, and evaluate staff development efforts at the 130.8 site level. A majority of the advisory committee and the site 130.9 professional development team must be teachers representing 130.10 various grade levels, subject areas, and special education. The 130.11 advisory committee must also include nonteaching staff, parents, 130.12 and administrators. Districts must report staff development 130.13results andexpenditures to the commissioner in the form and 130.14 manner determined by the commissioner. The expenditure report 130.15 must include expenditures by the board for district level 130.16 activities and expenditures made by the staff. The report must 130.17 provide a breakdown of expenditures for (1) curriculum 130.18 development and programs, (2) in-service education, workshops, 130.19 and conferences, and (3) the cost of teachers or substitute 130.20 teachers for staff development purposes. Within each of these 130.21 categories, the report must also indicate whether the 130.22 expenditures were incurred at the district level or the school 130.23 site level, and whether the school site expenditures were made 130.24 possible by the grants to school sites that demonstrate 130.25 exemplary use of allocated staff development revenue. These 130.26 expenditures are to be reported using the UFARS system. The 130.27 commissioner shall report the staff development expenditure data 130.28 to the education committees of the legislature by February 15 130.29 each year. 130.30 Sec. 11. Minnesota Statutes 2000, section 122A.68, 130.31 subdivision 1, is amended to read: 130.32 Subdivision 1. [ESTABLISHMENT.] A school district with a 130.33 teaching residency plan approved by the board of teaching may 130.34 hire graduates of approved Minnesota teacher preparation 130.35 programs as teaching residents. A district shall employ each 130.36 resident for one school year. The district and the resident may 131.1 agree to extend the residency for one additional school year. A 131.2 school may employ no more than one teaching resident for every 131.3 eight full-time equivalent licensed teachers.No more than 600131.4eligible teachers may be employed as teacher residents in any131.5one school year.131.6 Sec. 12. Minnesota Statutes 2000, section 122A.68, 131.7 subdivision 7, is amended to read: 131.8 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 131.9 board of teaching mustdevelopmaintain for teachers of students 131.10 in prekindergarten through grade 12, model teaching residency 131.11 outcomes and assessments, and mentoring programs. 131.12 Sec. 13. Minnesota Statutes 2000, section 122A.69, is 131.13 amended to read: 131.14 122A.69 [PRACTICE ORSTUDENT TEACHERS.] 131.15 The board may, by agreements with teacher preparing 131.16 institutions, arrange for classroom experience in the district 131.17 forpractice orstudent teachers who have completed not less 131.18 than two years of an approved teacher education program.Such131.19practiceStudent teachers must be provided with appropriate 131.20 supervision by a fully qualified teacher under rules promulgated 131.21 by the board.PracticeStudent teachers are deemed employees of 131.22 the school district in which they are rendering services for 131.23 purposes of workers' compensation; liability insurance, if 131.24 provided for other district employees in accordance with section 131.25 123B.23; and legal counsel in accordance with the provisions of 131.26 section 123B.25. 131.27 Sec. 14. Minnesota Statutes 2000, section 122A.70, 131.28 subdivision 2, is amended to read: 131.29 Subd. 2. [APPLICATIONS.] The board of teaching must make 131.30 application forms available to sites interested in developing or 131.31 expanding a mentorship program. A school district, a group of 131.32 school districts, or a coalition of districts, teachers and 131.33 teacher education institutions may apply for a teacher 131.34 mentorship program grant. The board of teaching, in131.35consultation with the teacher mentoring task force,must approve 131.36 or disapprove the applications. To the extent possible, the 132.1 approved applications must reflect effective mentoring 132.2 components, include a variety of coalitions and be 132.3 geographically distributed throughout the state. The board of 132.4 teaching must encourage the selected sites to consider the use 132.5 of its assessment procedures. 132.6 Sec. 15. Minnesota Statutes 2000, section 122A.91, is 132.7 amended to read: 132.8 122A.91 [DESIGNATED STATE OFFICIAL.] 132.9 For the purposes of the agreement set forth in section 132.10 122A.90, the designated state official for this state is the 132.11commissioner of children, families, and learningexecutive 132.12 secretary of the board of teaching. 132.13 Sec. 16. Minnesota Statutes 2000, section 122A.92, is 132.14 amended to read: 132.15 122A.92 [RECORD OF CONTRACTS.] 132.16 Two copies of all contracts made on behalf of this state 132.17 pursuant to the agreement set forth in section 122A.90 must be 132.18 kept on file in the office of thecommissioner of children,132.19families, and learningboard of teaching. 132.20 Sec. 17. [REVISOR INSTRUCTION.] 132.21 In the next and subsequent editions of Minnesota Statutes 132.22 and Minnesota Rules, the revisor of statutes shall renumber 132.23 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 132.24 Statutes, section 124D.311. The revisor shall also make 132.25 necessary cross-reference changes consistent with the 132.26 renumbering. 132.27 Sec. 18. [REPEALER.] 132.28 Minnesota Statutes 2000, sections 122A.19, subdivision 2; 132.29 122A.32; 122A.33; 122A.40, subdivision 6; 122A.42; 122A.52; 132.30 122A.53; 122A.71; 122A.72; and 122A.75, are repealed. 132.31 ARTICLE 12 132.32 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 132.33 Section 1. Minnesota Statutes 2000, section 123A.06, 132.34 subdivision 1, is amended to read: 132.35 Subdivision 1. [PROGRAM FOCUS.](a) The programs and132.36services of a center must focus on academic and learning skills,133.1applied learning opportunities, trade and vocational skills,133.2work-based learning opportunities, work experience, youth133.3service to the community, transition services, and English133.4language and literacy programs for children whose primary133.5language is a language other than English. Applied learning,133.6work-based learning, and service learning may best be developed133.7in collaboration with a local education and transitions133.8partnership, culturally based organizations, mutual assistance133.9associations, or other community resources. In addition to133.10offering programs, the center shall coordinate the use of other133.11available educational services, special education services,133.12social services, health services, and post-secondary133.13institutions in the community and services area.133.14(b)Consistent with the requirements of sections 121A.40 to 133.15 121A.56, a school district may provide an alternative education 133.16 program for a student who is within the compulsory attendance 133.17 age under section 120A.20, and who is involved in severe or 133.18 repeated disciplinary action. 133.19 Sec. 2. [REPEALER.] 133.20 (a) Minnesota Statutes 2000, sections 123A.06, subdivision 133.21 3; 123A.07; 123A.15, subdivision 1; 123A.35; 123A.36; 123A.37; 133.22 123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 123A.41, 133.23 subdivision 1; and 123A.43, are repealed. 133.24 (b) Minnesota Statutes 2000, section 123A.41, subdivision 133.25 4, is repealed effective July 1, 2002. 133.26 ARTICLE 13 133.27 SCHOOL DISTRICT POWERS AND DUTIES 133.28 Section 1. Minnesota Statutes 2000, section 123B.02, 133.29 subdivision 1, is amended to read: 133.30 Subdivision 1. [BOARD AUTHORITY.] The board must have the 133.31 general charge of the business of the district, the school 133.32 houses, and of the interests of the schools thereof. The 133.33 board's authority to govern, manage, and control the district; 133.34 to carry out its duties and responsibilities; and to conduct the 133.35 business of the district includes implied powers in addition to 133.36 any specific powers granted by the legislature. 134.1 Sec. 2. Minnesota Statutes 2000, section 123B.02, 134.2 subdivision 2, is amended to read: 134.3 Subd. 2. [FACILITIES FOR SCHOOL-AGE CHILDREN.] It is the 134.4 duty and the function of the district to furnish school 134.5 facilities to every child of school age residing in any part of 134.6 the district. The board may establish and organize and alter 134.7 and discontinue such grades or schools as it may deem advisable 134.8 and assign to each school and grade a proper number of pupils. 134.9The board shall provide free textbooks for the pupils of the134.10district.134.11 Sec. 3. Minnesota Statutes 2000, section 123B.02, 134.12 subdivision 3, is amended to read: 134.13 Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL 134.14 SUPPORT.] (a) A district must not be required by any type of 134.15 formal or informal agreement except an agreement to provide 134.16 building space according to paragraph (f), including a joint 134.17 powers agreement, or membership in any cooperative unit defined 134.18 in section 123A.24, subdivision 2, to participate in or provide 134.19 financial support for the purposes of the agreement for a time 134.20 period in excess of four fiscal years, or the time period set 134.21 forth in this subdivision. Any agreement, part of an agreement, 134.22 or other type of requirement to the contrary is void. This 134.23 paragraph applies only to agreements entered into between July 134.24 1, 1993, and June 30, 1999. 134.25 (b) This subdivision shall not affect the continued 134.26 liability of a district for its share of bonded indebtedness or 134.27 other debt incurred as a result of any agreement before July 1, 134.28 1993. The district is liable only until the obligation or debt 134.29 is discharged and only according to the payment schedule in 134.30 effect on July 1, 1993, except that the payment schedule may be 134.31 altered for the purpose of restructuring debt or refunding bonds 134.32 outstanding on July 1, 1993, if the annual payments of the 134.33 district are not increased and if the total obligation of the 134.34 school district for its share of outstanding bonds or other debt 134.35 is not increased. 134.36 (c) To cease participating in or providing financial 135.1 support for any of the services or activities relating to the 135.2 agreement or to terminate participation in the agreement, the 135.3 board must adopt a resolution and notify other parties to the 135.4 agreement of its decision on or before February 1 of any year. 135.5 The cessation or withdrawal shall be effective June 30 of the 135.6 same year except that for a member of an education district 135.7 organized under sections 123A.15 to 123A.19 or an intermediate 135.8 district organized under chapter 136D, cessation or withdrawal 135.9 shall be effective June 30 of the following fiscal year. At the 135.10 option of the board, cessation or withdrawal may be effective 135.11 June 30 of the following fiscal year for a district 135.12 participating in any type of agreement. 135.13 (d) Before issuing bonds or incurring other debt, the 135.14 governing body responsible for implementing the agreement must 135.15 adopt a resolution proposing to issue bonds or incur other debt 135.16 and the proposed financial effect of the bonds or other debt 135.17 upon each participating district. The resolution must be 135.18 adopted within a time sufficient to allow the board to adopt a 135.19 resolution within the time permitted by this paragraph and to 135.20 comply with the statutory deadlines set forth in sections 135.21 122A.40, 122A.41, and 123A.33. The governing body responsible 135.22 for implementing the agreement shall notify each participating 135.23 board of the contents of the resolution. Within 120 days of 135.24 receiving the resolution of the governing body, the school board 135.25 of the participating district shall adopt a resolution stating: 135.26 (1) its concurrence with issuing bonds or incurring other 135.27 debt; 135.28 (2) its intention to cease participating in or providing 135.29 financial support for the service or activity related to the 135.30 bonds or other debt; or 135.31 (3) its intention to terminate participation in the 135.32 agreement. 135.33 A board adopting a resolution according to clause (1) is 135.34 liable for its share of bonded indebtedness or other debt as 135.35 proposed by the governing body implementing the agreement. A 135.36 school board adopting a resolution according to clause (2) is 136.1 not liable for the bonded indebtedness or other debt, as 136.2 proposed by the governing body, related to the services or 136.3 activities in which the district ceases participating or 136.4 providing financial support. A board adopting a resolution 136.5 according to clause (3) is not liable for the bonded 136.6 indebtedness or other debt proposed by the governing body 136.7 implementing the agreement. 136.8 (e)After July 1, 1993,A district is liable according to 136.9 paragraph (d) for its share of bonded indebtedness or other debt 136.10 incurred by the governing body implementing the agreement to the 136.11 extent that the bonds or other debt are directly related to the 136.12 services or activities in which the district participates or for 136.13 which the district provides financial support. The district has 136.14 continued liability only until the obligation or debt is 136.15 discharged and only according to the payment schedule in effect 136.16 at the time the governing body implementing the agreement 136.17 provides notice to the school board, except that the payment 136.18 schedule may be altered for the purpose of refunding the 136.19 outstanding bonds or restructuring other debt if the annual 136.20 payments of the district are not increased and if the total 136.21 obligation of the district for the outstanding bonds or other 136.22 debt is not increased. 136.23 (f) A district that is a member of a cooperative unit as 136.24 defined in section 123A.24, subdivision 2, may obligate itself 136.25 to participate in and provide financial support for an agreement 136.26 with a cooperative unit to provide school building space for a 136.27 term not to exceed two years with an option on the part of the 136.28 district to renew for an additional two years. 136.29 (g) Notwithstanding any limitations imposed under this 136.30 subdivision, a school district may, according to section 136.31 123B.51, subdivision 4, enter into a lease of all or a portion 136.32 of a schoolhouse that is not needed for school purposes, 136.33 including, but not limited to, a lease with a term of more than 136.34 one year. 136.35 Sec. 4. Minnesota Statutes 2000, section 123B.04, 136.36 subdivision 2, is amended to read: 137.1 Subd. 2. [AGREEMENT.] (a) Either the school board or the 137.2schoolsite decision-making team may request that the school 137.3 board enter into an agreement with aschoolsite decision-making 137.4 team concerning the governance, management, or control of the 137.5 school.A school site decision-making team may include the137.6school principal, teachers in the school or their designee,137.7other employees in the school, parents of pupils in the school,137.8representatives of pupils in the school, or other members in the137.9community. The school site decision-making team shall include137.10the school principal or other person having general control and137.11supervision of the school.A school district must provide 137.12 notice to parents about site decision-making teams and inform 137.13 parents about how to be involved with the site decision-making 137.14 team. The site decision-making team must reflect the diversity 137.15 of the student body of the education site. No more than 137.16 one-half of the members shall be employees of the district, 137.17 unless an employee is the parent of a student enrolled in the 137.18 school site, in which case the employee may elect to serve as a 137.19 parent member of the site team. 137.20 (b) School site decision-making agreements must delegate 137.21 powers, duties, and broad management responsibilities to site 137.22 teams and involve staff members, students as appropriate, and 137.23 parents in decision making. 137.24(c) An agreement shall include a statement of powers,137.25duties, responsibilities, and authority to be delegated to and137.26within the site.137.27(d) An agreement may include:137.28(1) an achievement contract according to subdivision 4;137.29(2) a mechanism to allow principals, or other persons137.30having general control and supervision of the school, to make137.31decisions regarding how financial and personnel resources are137.32best allocated at the site and from whom goods or services are137.33purchased;137.34(3) a mechanism to implement parental involvement programs137.35under section 124D.895 and to provide for effective parental137.36communication and feedback on this involvement at the site138.1level;138.2(4) a provision that would allow the team to determine who138.3is hired into licensed and nonlicensed positions;138.4(5) a provision that would allow teachers to choose the138.5principal or other person having general control;138.6(6) an amount of revenue allocated to the site under138.7subdivision 3; and138.8(7) any other powers and duties determined appropriate by138.9the board.138.10The school board of the district remains the legal employer138.11under clauses (4) and (5).138.12(e) Any powers or duties not delegated to the school site138.13management team in the school site management agreement shall138.14remain with the school board.138.15(f) Approved agreements shall be filed with the138.16commissioner. If a school board denies a request to enter into138.17a school site management agreement, it shall provide a copy of138.18the request and the reasons for its denial to the commissioner.138.19 Sec. 5. Minnesota Statutes 2000, section 123B.04, 138.20 subdivision 5, is amended to read: 138.21 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 138.22 children, families, and learning, in consultation with 138.23 appropriate educational organizations, shall:, 138.24(1)upon request, provide technical support for districts 138.25 and sites with agreements under this section;138.26(2) conduct and compile research on the effectiveness of138.27site decision making; and138.28(3) periodically report on and evaluate the effectiveness138.29of site management agreements on a statewide basis. 138.30 Sec. 6. Minnesota Statutes 2000, section 123B.09, 138.31 subdivision 8, is amended to read: 138.32 Subd. 8. [DUTIES.] The board must superintend and manage 138.33 the schools of the district; adopt rules for their organization, 138.34 government, and instruction; keep registers; and prescribe 138.35 textbooks and courses of study.The board may enter into an138.36agreement with a post-secondary institution for secondary or139.1post-secondary nonsectarian courses to be taught at a secondary139.2school, nonsectarian post-secondary institution, or another139.3location.139.4 Sec. 7. Minnesota Statutes 2000, section 123B.143, 139.5 subdivision 1, is amended to read: 139.6 Subdivision 1. [CONTRACT; DUTIES.] All districts 139.7 maintaining a classified secondary school must employ a 139.8 superintendent who shall be an ex officio nonvoting member of 139.9 the school board. The authority for selection and employment of 139.10 a superintendent must be vested in the board in all cases. An 139.11 individual employed by a board as a superintendent shall have an 139.12 initial employment contract for a period of time no longer than 139.13 three years from the date of employment. Any subsequent 139.14 employment contract must not exceed a period of three years. A 139.15 board, at its discretion, may or may not renew an employment 139.16 contract. A board must not, by action or inaction, extend the 139.17 duration of an existing employment contract. Beginning 365 days 139.18 prior to the expiration date of an existing employment contract, 139.19 a board may negotiate and enter into a subsequent employment 139.20 contract to take effect upon the expiration of the existing 139.21 contract. A subsequent contract must be contingent upon the 139.22 employee completing the terms of an existing contract. If a 139.23 contract between a board and a superintendent is terminated 139.24 prior to the date specified in the contract, the board may not 139.25 enter into another superintendent contract with that same 139.26 individual that has a term that extends beyond the date 139.27 specified in the terminated contract. A board may terminate a 139.28 superintendent during the term of an employment contract for any 139.29 of the grounds specified in section 122A.40, subdivision 9 or 13. 139.30 A superintendent shall not rely upon an employment contract with 139.31 a board to assert any other continuing contract rights in the 139.32 position of superintendent under section 122A.40. 139.33 Notwithstanding the provisions of sections 122A.40, subdivision 139.34 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 139.35 individual shall have a right to employment as a superintendent 139.36 based on order of employment in any district. If two or more 140.1 districts enter into an agreement for the purchase or sharing of 140.2 the services of a superintendent, the contracting districts have 140.3 the absolute right to select one of the individuals employed to 140.4 serve as superintendent in one of the contracting districts and 140.5 no individual has a right to employment as the superintendent to 140.6 provide all or part of the services based on order of employment 140.7 in a contracting district. The superintendent of a district 140.8 shall perform the following: 140.9 (1)visit and supervise the schools in the district, report140.10and make recommendations about their condition when advisable or140.11on request by the board;140.12(2) recommend to the board employment and dismissal of140.13teachers;140.14(3) superintend school grading practices and examinations140.15for promotions;140.16(4)make reports required by the commissioner; 140.17(5)(2) by January 10, submit an annual report to the 140.18 commissioner in a manner prescribed by the commissioner, in 140.19 consultation with school districts, identifying the expenditures 140.20 that the district requires to ensure an 80 percent and a 90 140.21 percent student passage rate on the basic standards test taken 140.22 in the eighth grade, identifying the amount of expenditures that 140.23 the district requires to ensure a 99 percent student passage 140.24 rate on the basic standards test by 12th grade, and how much the 140.25 district is cross-subsidizing programs with special education, 140.26 basic skills, and general education revenue; and 140.27(6)(3) perform other duties prescribed by the board. 140.28 Sec. 8. Minnesota Statutes 2000, section 123B.147, is 140.29 amended to read: 140.30 123B.147 [PRINCIPALS.] 140.31 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 140.32 Each public school building, as defined by section 120A.05, 140.33 subdivisions 9, 11, and 13, in an independent district may be 140.34 under the supervision of a principal who is assigned to that 140.35 responsibility by the board of education in that district upon 140.36 the recommendation of the superintendent of schools of that 141.1 district. If pupils in kindergarten through grade 12 attend 141.2 school in one building, one principal, who holds either an 141.3 elementary or a secondary principal's license, may supervise the 141.4 building. 141.5 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 141.6 principalassigned the responsibilityresponsible forthe141.7supervision ofsupervising a school building shall hold a valid 141.8 license in the assigned position of supervision and 141.9 administration as established by the rules of the commissioner 141.10 of children, families, and learning. 141.11 Subd. 3. [PRINCIPALS' DUTIES.] The principal shallprovide141.12administrative, supervisory, and instructional leadership141.13services, under the supervision of the superintendent of schools141.14of the district and in accordance with the policies, rules, and141.15regulations of the board of education, for the planning,141.16management, operation, and evaluation of the education program141.17of the building or buildings to which the principal is141.18assignedperform administrative, supervisory, and instructional 141.19 duties as determined by the school district. 141.20 Sec. 9. Minnesota Statutes 2000, section 123B.36, 141.21 subdivision 1, is amended to read: 141.22 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 141.23 purposes of this subdivision, "home school" means a home school 141.24 as defined in sections 120A.22 and 120A.24 with five or fewer 141.25 students receiving instruction. 141.26 (b) A school board is authorized to require payment of fees 141.27 in the following areas: 141.28 (1) in any program where the resultant product, in excess 141.29 of minimum requirements and at the pupil's option, becomes the 141.30 personal property of the pupil; 141.31 (2) admission fees or charges for extra curricular 141.32 activities, where attendance is optional and where the admission 141.33 fees or charges a student must pay to attend or participate in 141.34 an extracurricular activity is the same for all students, 141.35 regardless of whether the student is enrolled in a public or a 141.36 home school; 142.1 (3) a security deposit for the return of materials, 142.2 supplies, or equipment; 142.3 (4) personal physical education and athletic equipment and 142.4 apparel, although any pupil may personally provide it if it 142.5 meets reasonable requirements and standards relating to health 142.6 and safety established by the board; 142.7 (5) items of personal use or products that a student has an 142.8 option to purchase such as student publications, class rings, 142.9 annuals, and graduation announcements; 142.10 (6) fees specifically permitted by any other statute, 142.11 including but not limited to section 171.05, subdivision 2; 142.12 provided (i) driver education fees do not exceed the actual cost 142.13 to the school and school district of providing driver education, 142.14 and (ii) the driver education courses are open to enrollment to 142.15 persons between the ages of 15 and 18 who reside or attend 142.16 school in the school district; 142.17 (7) field trips considered supplementary to a district 142.18 educational program; 142.19 (8) any authorized voluntary student health and accident 142.20 benefit plan; 142.21 (9) for the use of musical instruments owned or rented by 142.22 the district, a reasonable rental fee not to exceed either the 142.23 rental cost to the district or the annual depreciation plus the 142.24 actual annual maintenance cost for each instrument; 142.25 (10) transportation of pupils to and from extra curricular 142.26 activities conducted at locations other than school, where 142.27 attendance is optional; 142.28 (11) transportation of pupils to and from school for which 142.29 aid for fiscal year 1996 is not authorized under Minnesota 142.30 Statutes 1994, section 124.223, subdivision 1, and for which 142.31 levy for fiscal year 1996 is not authorized under Minnesota 142.32 Statutes 1994, section 124.226, subdivision 5, if a district 142.33 charging fees for transportation of pupils establishes 142.34 guidelines for that transportation to ensure that no pupil is 142.35 denied transportation solely because of inability to pay; 142.36 (12) motorcycle classroom education courses conducted 143.1 outside of regular school hours; provided the charge must not 143.2 exceed the actual cost of these courses to the school district; 143.3 (13) transportation to and from post-secondary institutions 143.4 for pupils enrolled under the post-secondary enrollment options 143.5 program under section 123B.88, subdivision 22. Fees collected 143.6 for this service must be reasonable and must be used to reduce 143.7 the cost of operating the route. Families who qualify for 143.8 mileage reimbursement under section 124D.09, subdivision 22, may 143.9 use their state mileage reimbursement to pay this fee. If no 143.10 fee is charged, districts must allocate costs based on the 143.11 number of pupils riding the route; and 143.12 (14) admission fees or charges to a part-time student over 143.13 age 21 attending a secondary school class or program other than 143.14 a student participating in the graduation incentives program 143.15 under section 124D.68 or a student receiving instruction under 143.16 section 125A.03. 143.17 Sec. 10. Minnesota Statutes 2000, section 123B.43, is 143.18 amended to read: 143.19 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 143.20 (a) The commissioner shall assure that textbooks and 143.21 individualized instructional materials loaned to nonpublic 143.22 school pupils are secular, neutral, nonideological and that they 143.23 are incapable of diversion for religious use. 143.24 (b) Textbooks and individualized instructional materials 143.25 must not be used in religious courses, devotional exercises, 143.26 religious training or any other religious activity. 143.27 (c) Textbooks and individualized instructional materials 143.28 must be loaned only to individual pupils upon the request of a 143.29 parent or guardian or the pupil on a form designated for this 143.30 use by the commissioner. The request forms shall provide for 143.31 verification by the parent or guardian or pupil that the 143.32 requested textbooks and individualized instructional materials 143.33 are for the use of the individual pupil in connection with a 143.34 program of instruction in the pupil's elementary or secondary 143.35 school. 143.36(d) The servicing school district or the intermediary144.1service area must take adequate measures to ensure an accurate144.2and periodic inventory of all textbooks and individualized144.3instructional materials loaned to elementary and secondary144.4school pupils attending nonpublic schools. The commissioner of144.5children, families, and learning shall promulgate rules under144.6the provisions of chapter 14 to terminate the eligibility of any144.7nonpublic school pupil if the commissioner determines, after144.8notice and opportunity for hearing, that the textbooks or144.9individualized instructional materials have been used in a144.10manner contrary to the provisions of section 123B.41,144.11subdivision 5, 123B.42, or this section or any rules promulgated144.12by the commissioner of children, families, and learning.144.13(e) Nothing contained in section 123B.41, subdivision 5,144.14123B.42, or this section shall be construed to authorize the144.15making of any payments to a nonpublic school or its faculty,144.16staff or administrators for religious worship or instruction or144.17for any other purpose.144.18 Sec. 11. Minnesota Statutes 2000, section 123B.49, 144.19 subdivision 1, is amended to read: 144.20 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 144.21Whenever it appears to be beneficial and for the best interest144.22of the district and the pupils of the district to carry on any144.23school sport activities or educational activities connected with144.24their studies outside of the territorial limits of the district,144.25 The board may authorizesuchactivitiesto beconducted outside 144.26 of the territorial limits of the district under such rules and 144.27 regulations as the board deems sufficient. The district may pay 144.28 all necessary costs therefor including transportation from the 144.29 district funds available. 144.30 Sec. 12. Minnesota Statutes 2000, section 123B.51, 144.31 subdivision 1, is amended to read: 144.32 Subdivision 1. [SITES.] According to section 126C.40, 144.33 subdivision 1, or 465.71, when funds are available, the board 144.34 may locate and acquire necessary sites ofschoolhousesschools 144.35 or enlargements, or additions to existingschoolhouse sites144.36 schools by lease, purchase or condemnation under the right of 145.1 eminent domain; it may erectschoolhousesschools on the sites; 145.2 it may erect or purchase garages for district-owned school 145.3 buses. When property is taken by eminent domain by authority of 145.4 this subdivision when needed by the district for such purposes, 145.5 the fact that the property has been acquired by the owner under 145.6 the power of eminent domain or is already devoted to public use, 145.7 shall not prevent its acquisition by the district. The board 145.8 may sell or exchangeschoolhousesschools or sites, and execute 145.9 deeds of conveyance thereof. 145.10 Sec. 13. Minnesota Statutes 2000, section 123B.51, 145.11 subdivision 5, is amended to read: 145.12 Subd. 5. [SCHOOLHOUSESCHOOL CLOSING.] The board may close 145.13 aschoolhouseschool only after a public hearing on the question 145.14 of the necessity and practicability of the proposed closing. 145.15 Published notice of the hearing shall be given for two weeks in 145.16 the official newspaper of the district. The time and place of 145.17 the meeting, the description and location of theschoolhouse145.18 school, and a statement of the reasons for the closing must be 145.19 specified in the notice. Parties requesting to give testimony 145.20 for and against the proposal shall be heard by the board before 145.21 it makes a final decision to close or not to close 145.22 theschoolhouseschool. 145.23 Sec. 14. Minnesota Statutes 2000, section 123B.73, 145.24 subdivision 1, is amended to read: 145.25 Subdivision 1. [INSPECTION.] The commissionerand the145.26state fire marshal shall develop a plan to inspect once every145.27three years every public school facility used for educational145.28purposesshall contract with the fire marshal to conduct fire 145.29 safety inspections of all school buildings. Each school 145.30 facility shall be inspected once every three years or more 145.31 frequently at the request of the school district or the 145.32 commissioner.Inspections must begin during the 1990-1991145.33school year. The plan must provide for continued inspection by145.34local units of government of public school facilities that have145.35been inspected by a local unit of government between January 1,145.361987, and January 1, 1990, and may provide for inspections by146.1local units of government in other situations. Each inspection146.2report must be filed with the commissioner, the local school146.3board, and the state fire marshal. Notwithstanding section146.4299F.011, subdivisions 5a and 5b, a variance from the code must146.5be approved by the state fire marshal before taking effect. The146.6commissioner may request that the state fire marshal inspect a146.7particular school facility.146.8 Sec. 15. Minnesota Statutes 2000, section 123B.83, 146.9 subdivision 1, is amended to read: 146.10 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 146.11Beginning in fiscal year 1978 and in each year thereafter,A 146.12 district which had statutory operating debt on June 30, 1977 146.13 pursuant to section 126C.42 must limit its expenditures in each 146.14 fiscal year so that the amount of its statutory operating debt 146.15 calculated at the end of that fiscal year is not greater than 146.16 the amount of the district's statutory operating debt as of June 146.17 30, 1977, as certified and adjusted by the commissioner, 146.18 increased by an amount equal to 2-1/2 percent of that district's 146.19 operating expenditures for the fiscal year for which the 146.20 statutory operating debt calculation is being made. 146.21 (b) When a district is no longer required to levy pursuant 146.22 to section 126C.42, subdivision 1, subdivision 2 is applicable. 146.23 Sec. 16. Minnesota Statutes 2000, section 123B.90, 146.24 subdivision 2, is amended to read: 146.25 Subd. 2. [STUDENT TRAINING.] (a) Each district must 146.26 provide public school pupils enrolled in grades kindergarten 146.27 through 10 with age-appropriate school bus safety training. The 146.28 training must be results-oriented and shall consist of both 146.29 classroom instruction and practical training using a school 146.30 bus. Upon completing the training, a student shall be able to 146.31 demonstrate knowledge and understanding of at least the 146.32 following competencies and concepts: 146.33 (1) transportation by school bus is a privilege and not a 146.34 right; 146.35 (2) district policies for student conduct and school bus 146.36 safety; 147.1 (3) appropriate conduct while on the school bus; 147.2 (4) the danger zones surrounding a school bus; 147.3 (5) procedures for safely boarding and leaving a school 147.4 bus; 147.5 (6) procedures for safe street or road crossing; 147.6 (7) school bus evacuation and other emergency procedures; 147.7 and 147.8 (8) appropriate training on the use of lap belts or lap and 147.9 shoulder belts, if the district uses buses equipped with lap 147.10 belts or lap and shoulder belts. 147.11 (b) Each nonpublic school located within the district must 147.12 provide all nonpublic school pupils enrolled in grades 147.13 kindergarten through 10 who are transported by school bus at 147.14 public expense and attend school within the district's 147.15 boundaries with training as required in paragraph (a). The 147.16 school district shall make a bus available for the practical 147.17 training if the district transports the nonpublic students. 147.18 Each nonpublic school shall provide the instruction. 147.19 (c)All students enrolled in grades kindergarten through 3147.20who are transported by school bus and are enrolled during the147.21first or second week of school must demonstrate achievement of147.22the school bus safety training competencies by the end of the147.23third week of school. All students enrolled in grades 4 through147.2410 who are transported by school bus and are enrolled during the147.25first or second week of school must demonstrate achievement of147.26the competencies by the end of the sixth week of school.147.27Students enrolled in grades kindergarten through 10 who enroll147.28in a school after the second week of school and are transported147.29by school bus shall undergo school bus safety training and147.30demonstrate achievement of the school bus safety competencies147.31within four weeks of the first day of attendance. The school147.32transportation safety director in each district must certify to147.33the commissioner annually that all students transported by147.34school bus within the district have satisfactorily demonstrated147.35knowledge and understanding of the school bus safety147.36competencies according to this section or provide an explanation148.1for a student's failure to demonstrate the competencies. The148.2principal or other chief administrator of each nonpublic school148.3must certify annually to the school transportation safety148.4director of the district in which the school is located that all148.5of the school's students transported by school bus at public148.6expense have received training. A district may deny148.7transportation to a student who fails to demonstrate the148.8competencies, unless the student is unable to achieve the148.9competencies due to a disability, or to a student who attends a148.10nonpublic school that fails to provide training as required by148.11this subdivision.148.12(d) A district and a nonpublic school with students148.13transported by school bus at public expense must, to the extent148.14possible, provide kindergarten pupils with bus safety training148.15before the first day of school.148.16(e)A district and a nonpublic school with students 148.17 transported by school bus at public expense must also provide 148.18 student safety education for bicycling and pedestrian safety, 148.19 for students enrolled in grades kindergarten through 5. 148.20(f)(d) A district and a nonpublic school with students 148.21 transported by school bus at public expense must make reasonable 148.22 accommodations for the school bus, bicycle, and pedestrian 148.23 safety training of pupils known to speak English as a second 148.24 language and pupils with disabilities. 148.25 Sec. 17. Minnesota Statutes 2000, section 123B.91, 148.26 subdivision 1, is amended to read: 148.27 Subdivision 1. [COMPREHENSIVE POLICY.] (a) Each district 148.28 shall develop and implement a comprehensive, written policy 148.29 governing pupil transportation safety, including transportation 148.30 of nonpublic school students, when applicable. The policy, at 148.31 minimum, must contain: 148.32 (1) provisions for appropriate student bus safety training 148.33 under section 123B.90; 148.34 (2) rules governing student conduct on school buses and in 148.35 school bus loading and unloading areas; 148.36 (3) a statement of parent or guardian responsibilities 149.1 relating to school bus safety; 149.2 (4) provisions for notifying students and parents or 149.3 guardians of their responsibilities and the rules, including the 149.4 district's seat belt policy, if applicable; 149.5 (5) an intradistrict system for reporting school bus 149.6 accidents or misconduct and a system for dealing with local law 149.7 enforcement officials in cases of criminal conduct on a school 149.8 bus; 149.9 (6) a discipline policy to address violations of school bus 149.10 safety rules, including procedures for revoking a student's bus 149.11 riding privileges in cases of serious or repeated misconduct; 149.12 (7) a system for integrating school bus misconduct records 149.13 with other discipline records; 149.14 (8) a statement of bus driver duties; 149.15 (9) where applicable, provisions governing bus monitor 149.16 qualifications, training, and duties; 149.17 (10) rules governing the use and maintenance of type III 149.18 vehicles, drivers of type III vehicles, qualifications to drive 149.19 a type III vehicle, qualifications for a type III vehicle, and 149.20 the circumstances under which a student may be transported in a 149.21 type III vehicle; 149.22 (11) operating rules and procedures; 149.23 (12) provisions for annual bus driver in-service training 149.24 and evaluation; 149.25 (13) emergency procedures; 149.26 (14) a system for maintaining and inspecting equipment; 149.27 (15) requirements of the school district, if any, that 149.28 exceed state law minimum requirements for school bus operations; 149.29 and 149.30 (16) requirements for basic first aid training, which must 149.31 include the Heimlich maneuver and procedures for dealing with 149.32 obstructed airways, shock, bleeding, and seizures. 149.33 (b)Districts are encouraged to use the model policy149.34developed by the Minnesota school boards association, the149.35department of public safety, and the department of children,149.36families, and learning, as well as the current edition of the150.1"National Standards for School Transportation," in developing150.2safety policies.Each district shall review its policy annually 150.3 to ensure that it conforms to law. 150.4 Sec. 18. [REPEALER.] 150.5 Minnesota Statutes 2000, sections 123B.02, subdivisions 5, 150.6 6, 9, 10, 11, 13, and 16; 123B.04, subdivision 4; 123B.11; 150.7 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 123B.40; 123B.51, 150.8 subdivisions 2, 3, and 4; 123B.744; 123B.84; 123B.87; 123B.88, 150.9 subdivisions 11, 12, 13, 18, 20, 21, and 22; 123B.93; and 150.10 123B.95, subdivision 3, are repealed. 150.11 ARTICLE 14 150.12 EDUCATION PROGRAMS 150.13 Section 1. Minnesota Statutes 2000, section 124D.02, 150.14 subdivision 1, is amended to read: 150.15 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The boardmay150.16establish and maintain one or more kindergartens for the150.17instruction of children and after July 1, 1974, shall provide150.18 must make kindergarten instruction available for all eligible 150.19 children, either in the district or in another district.All150.20children to be eligibleEligibility for kindergarten must beat150.21least five years of age on September 1 of the calendar year in150.22which the school year commences. In addition all children150.23selected under an early admissions policy established by the150.24school board may be admitted. Nothing in this section shall150.25prohibit a school district from establishing head start,150.26prekindergarten, or nursery school classes for children below150.27kindergarten agedetermined according to section 120A.20, 150.28 subdivision 1. Any school board with evidence that providing 150.29 kindergarten will cause an extraordinary hardship on the school 150.30 district may apply to the commissioner of children, families, 150.31 and learning for an exception. 150.32 Sec. 2. Minnesota Statutes 2000, section 124D.03, 150.33 subdivision 3, is amended to read: 150.34 Subd. 3. [PUPIL APPLICATION PROCEDURES.] In order that a 150.35 pupil may attend a school or program in a nonresident district, 150.36 the pupil's parent or guardian must submit an application to the 151.1 nonresident district.Before submitting an application, the151.2pupil and the pupil's parent or guardian must explore with a151.3school guidance counselor, or other appropriate staff member151.4employed by the district the pupil is currently attending, the151.5pupil's academic or other reason for applying to enroll in a151.6nonresident district. The pupil's application must identify the151.7reason for enrolling in the nonresident district.The parent or 151.8 guardian of a pupil must submit an application by January 15 for 151.9 initial enrollment beginning the following school year. The 151.10 application must be on a form provided by the department of 151.11 children, families, and learning. A particular school or 151.12 program may be requested by the parent. Once enrolled in a 151.13 nonresident district, the pupil may remain enrolled and is not 151.14 required to submit annual or periodic applications. To return 151.15 to the resident district or to transfer to a different 151.16 nonresident district, the parent or guardian of the pupil must 151.17 provide notice to the resident district or apply to a different 151.18 nonresident district by January 15 for enrollment beginning the 151.19 following school year. Each district must accept or reject an 151.20 application it receives and notify the parent or guardian in 151.21 writing within 30 calendar days of receiving the application. A 151.22 notification of acceptance must include the date enrollment can 151.23 begin. Within ten days of receiving the notification from the 151.24 nonresident district, the parent or guardian must inform the 151.25 nonresident district whether the pupil intends to enroll in the 151.26 nonresident district. 151.27 Sec. 3. Minnesota Statutes 2000, section 124D.09, 151.28 subdivision 5, is amended to read: 151.29 Subd. 5. [AUTHORIZATION; NOTIFICATION.]Notwithstanding151.30any other law to the contrary,An 11th or 12th grade pupil 151.31 enrolled in a school or an American Indian-controlled tribal 151.32 contract or grant school eligible for aid under section 124D.83, 151.33 except a foreign exchange pupil enrolled in a district under a 151.34 cultural exchange program, may apply to an eligible institution, 151.35 as defined in subdivision 3, to enroll in nonsectarian courses 151.36 offered by that post-secondary institution. If an institution 152.1 accepts a secondary pupil for enrollment under this section, the 152.2 institution shall send written notice to the pupil, the pupil's 152.3 school or school district, and the commissioner within ten days 152.4 of acceptance. The notice must indicate the course and hours of 152.5 enrollment of that pupil. If the pupil enrolls in a course for 152.6 post-secondary credit, the institution must notify the pupil 152.7 about payment in the customary manner used by the institution. 152.8 Sec. 4. Minnesota Statutes 2000, section 124D.09, 152.9 subdivision 6, is amended to read: 152.10 Subd. 6. [COUNSELINGPARENTAL CONSENT.]To the extent152.11possible, the school or school district must provide counseling152.12services to pupils and their parents or guardian before the152.13pupils enroll in courses under this section to ensure that the152.14pupils and their parents or guardian are fully aware of the152.15risks and possible consequences of enrolling in post-secondary152.16courses. The school or school district must provide information152.17on the program including who may enroll, what institutions and152.18courses are eligible for participation, the decision-making152.19process for granting academic credits, financial arrangements152.20for tuition, books and materials, eligibility criteria for152.21transportation aid, available support services, the need to152.22arrange an appropriate schedule, consequences of failing or not152.23completing a course in which the pupil enrolls, the effect of152.24enrolling in this program on the pupil's ability to complete the152.25required high school graduation requirements, and the academic152.26and social responsibilities that must be assumed by the pupils152.27and their parents or guardian. The person providing counseling152.28shall encourage pupils and their parents or guardian to also use152.29available counseling services at the post-secondary institutions152.30before the quarter or semester of enrollment to ensure that152.31anticipated plans are appropriate.152.32 Prior to enrolling in a course, the pupil and the pupil's 152.33 parents or guardian must sign a form that must be provided by 152.34 the school or school district and may be obtained from a 152.35 post-secondary institution statingthat they have received the152.36information specified in this subdivision andthat they 153.1 understand the responsibilities that must be assumed in 153.2 enrolling in this program. The department must, upon request, 153.3 provide technical assistance to a school or school district in 153.4 developing appropriate forms and counseling guidelines. 153.5 Sec. 5. Minnesota Statutes 2000, section 124D.09, 153.6 subdivision 7, is amended to read: 153.7 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 153.8 INTENT TO ENROLL.]By March 1 of each year,A district must 153.9 adopt policies for deadlines and provide general information 153.10 about the program to all pupils in grades 10 and 11.To assist153.11the district in planning, a pupil shall inform the district by153.12March 30 of each year of the pupil's intent to enroll in153.13post-secondary courses during the following school year. A153.14pupil is not bound by notifying or not notifying the district by153.15March 30.153.16 Sec. 6. Minnesota Statutes 2000, section 124D.09, 153.17 subdivision 12, is amended to read: 153.18 Subd. 12. [CREDITS.] A pupil may enroll in a course under 153.19 this section for either secondary credit or post-secondary 153.20 credit. At the time a pupil enrolls in a course, the pupil 153.21 shall designate whether the course is for secondary or 153.22 post-secondary credit. A pupil taking several courses may 153.23 designate some for secondary credit and some for post-secondary 153.24 credit. A pupil must not audit a course under this section. 153.25 A district shall grant academic credit to a pupil enrolled 153.26 in a course for secondary credit if the pupil successfully 153.27 completes the course.Seven quarter or four semester college153.28credits equal at least one full year of high school credit.153.29Fewer college credits may be prorated. A district must also153.30grant academic credit to a pupil enrolled in a course for153.31post-secondary credit if secondary credit is requested by a153.32pupil. If no comparable course is offered by the district, the153.33district must, as soon as possible, notify the commissioner, who153.34shall determine the number of credits that shall be granted to a153.35pupil who successfully completes a course. If a comparable153.36course is offered by the district, the school board shall grant154.1a comparable number of credits to the pupil. If there is a154.2dispute between the district and the pupil regarding the number154.3of credits granted for a particular course, the pupil may appeal154.4the board's decision to the commissioner. The commissioner's154.5decision regarding the number of credits shall be final.154.6 The secondary credits granted to a pupil must be counted 154.7 toward the graduation requirements and subject area requirements 154.8 of the district.Evidence of successful completion of each154.9course and secondary credits granted must be included in the154.10pupil's secondary school record. A pupil shall provide the154.11school with a copy of the pupil's grade in each course taken for154.12secondary credit under this section. Upon the request of a154.13pupil, the pupil's secondary school record must also include154.14evidence of successful completion and credits granted for a154.15course taken for post-secondary credit. In either case, the154.16record must indicate that the credits were earned at a154.17post-secondary institution.154.18If a pupil enrolls in a post-secondary institution after154.19leaving secondary school, the post-secondary institution must154.20award post-secondary credit for any course successfully154.21completed for secondary credit at that institution. Other154.22post-secondary institutions may award, after a pupil leaves154.23secondary school, post-secondary credit for any courses154.24successfully completed under this section. An institution may154.25not charge a pupil for the award of credit.154.26 Sec. 7. Minnesota Statutes 2000, section 124D.10, 154.27 subdivision 1, is amended to read: 154.28 Subdivision 1. [PURPOSESEXPECTED OUTCOMES.] (a) 154.29 Thepurpose of this section isexpected outcomes of a charter 154.30 school are to: 154.31 (1) improve pupil learning; 154.32 (2) increase learning opportunities for pupils; 154.33 (3) encourage the use of different and innovative teaching 154.34 methods; 154.35 (4) require the measurement of learning outcomes and create 154.36 different and innovative forms of measuring outcomes; 155.1 (5) establish new forms of accountability for schools; or 155.2 (6) create new professional opportunities for teachers, 155.3 including the opportunity to be responsible for the learning 155.4 program at the school site. 155.5 (b) This section does not provide a means to keep open a 155.6 school that otherwise would be closed. Applicants in these 155.7 circumstances bear the burden of proving that conversion to a 155.8 charter school fulfills a purpose specified in this subdivision, 155.9 independent of the school's closing. 155.10 Sec. 8. Minnesota Statutes 2000, section 124D.10, 155.11 subdivision 6, is amended to read: 155.12 Subd. 6. [CONTRACT.] The sponsor's authorization for a 155.13 charter school must be in the form of a written contract signed 155.14 by the sponsor and the board of directors of the charter 155.15 school. The contract must be completed within 90 days of the 155.16 commissioner's approval of the sponsor's proposed authorization. 155.17 The contract for a charter school must be in writing and contain 155.18 at least the following: 155.19 (1) a description of a program that carries out one or more 155.20 of thepurposesexpected outcomes in subdivision 1; 155.21 (2) specific outcomes pupils are to achieve under 155.22 subdivision 10; 155.23 (3) admission policies and procedures; 155.24 (4) management and administration of the school; 155.25 (5) requirements and procedures for program and financial 155.26 audits; 155.27 (6) how the school will comply with subdivisions 8, 13, 16, 155.28 and 23; 155.29 (7) assumption of liability by the charter school; 155.30 (8) types and amounts of insurance coverage to be obtained 155.31 by the charter school; 155.32 (9) the term of the contract, which may be up to three 155.33 years; and 155.34 (10) if the board of directors or the operators of the 155.35 charter school provide special instruction and services for 155.36 children with a disability under sections 125A.03 to 125A.24, 156.1 and 125A.65, a description of the financial parameters within 156.2 which the charter school will operate to provide the special 156.3 instruction and services to children with a disability. 156.4 Sec. 9. Minnesota Statutes 2000, section 124D.10, 156.5 subdivision 15, is amended to read: 156.6 Subd. 15. [REVIEW AND COMMENT.] The department must review 156.7 and comment on the evaluation, by the sponsor, of the 156.8 performance of a charter school before the charter school's 156.9 contract is renewed. A sponsor shall monitor and evaluate the 156.10 fiscal and student performance of the school, and may for this 156.11 purpose annually assess the school up to $10 per student up to a 156.12 maximum of $3,500. The information for the review and comment 156.13 shall be reported by the sponsor to the commissioner of 156.14 children, families, and learning in a timely manner. 156.15Periodically, the commissioner shall report trends or156.16suggestions based on the evaluation of charter school contracts156.17to the education committees of the state legislature.156.18 Sec. 10. Minnesota Statutes 2000, section 124D.10, 156.19 subdivision 19, is amended to read: 156.20 Subd. 19. [DISSEMINATEAVAILABLE INFORMATION.] The 156.21sponsor, the operators, and thedepartment of children, 156.22 families, and learning mustdisseminatemake information 156.23 available to the public on how to form and operate a charter 156.24 school and how to utilize the offerings of a charter school. 156.25 Particular groups to be targeted include low-income families and 156.26 communities, and students of color. 156.27 Sec. 11. Minnesota Statutes 2000, section 124D.115, 156.28 subdivision 3, is amended to read: 156.29 Subd. 3. [PROGRAM REIMBURSEMENT.] (a)State funds are156.30provided to reimburse school breakfasts.Each school year, the 156.31 state must reimburse schools in the amount of 5.1 cents for each 156.32 fully paid breakfast and for each free and reduced price 156.33 breakfast not eligible for the "severe need" rate. 156.34 (b) In addition to paragraph (a), each school year the 156.35 state must reimburse schools 10.5 cents for each free and 156.36 reduced price breakfast not eligible for the "severe need" rate 157.1 if between 33 and 40 percent of the school lunches served during 157.2 the second preceding school year were served free or at a 157.3 reduced price. 157.4 Sec. 12. Minnesota Statutes 2000, section 124D.118, 157.5 subdivision 2, is amended to read: 157.6 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.]Each157.7district in the state is encouraged to participate in the157.8state-supported school milk program for kindergartners.157.9 Participating districts must provide one serving of milk on each 157.10 school day to each kindergarten student attending a public or 157.11 nonpublic school in the district.No student is required to157.12accept the milk that is provided by the district.The program 157.13 must be promoted and operated under the direction of the 157.14 commissioner or the commissioner's designee. 157.15 Sec. 13. Minnesota Statutes 2000, section 124D.118, 157.16 subdivision 3, is amended to read: 157.17 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 157.18 (a) The commissioner shall:157.19(1) encourage all districts to participate in the school157.20milk program for kindergartners;157.21(2) preparemaintain program guidelines, not subject to157.22chapter 14 until July 1, 1998, which will effectively and 157.23 efficiently distribute appropriated and donated money to 157.24 participating districts; and157.25(3) seek donations and matching funds from appropriate157.26private and public sources. 157.27 (b) Program guidelines may provide for disbursement to 157.28 districts through a mechanism of prepayments or by reimbursement 157.29 for approved program expenses. 157.30 Sec. 14. Minnesota Statutes 2000, section 124D.28, 157.31 subdivision 1, is amended to read: 157.32 Subdivision 1. [MANDATORY COMPONENTSEXPECTATIONS.] The 157.33 expected outcomes of a family connections program must include: 157.34 (1)participation by a designateddesignation of an 157.35 individual as a career teacher, principal-teacher, or counselor 157.36 teacher; 158.1 (2) an increased emphasis on each individual child's unique 158.2 learning and development needs beginning with early childhood 158.3 family education; 158.4 (3)procedures to give the career teacher a major158.5responsibility for leadership of the instructional and158.6noninstructional activities of each child beginning with early158.7childhood family education;158.8(4) procedures to involveincreased involvement of parents 158.9 in the learning and development experiences of their 158.10 children; and 158.11(5) procedures to implement outcome based education by158.12focusing on the needs of the learner;158.13(6) procedures to coordinate and integrate(4) increased 158.14 involvement of the instructional program with all community 158.15 education programs;158.16(7) procedures to concentrate career teacher programs at158.17sites that provide early childhood family education and158.18subsequent learning and development programs; and158.19(8) procedures for the district to fund the program. 158.20 Sec. 15. Minnesota Statutes 2000, section 124D.30, 158.21 subdivision 3, is amended to read: 158.22 Subd. 3. [COMMISSIONER APPROVAL.] The commissionermay158.23 shall approve plans and applications for districts throughout 158.24 the state for family connections aid. The commissioner shall 158.25 establish application procedures and deadlines. 158.26 Sec. 16. Minnesota Statutes 2000, section 124D.35, is 158.27 amended to read: 158.28 124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 158.29The commissioner shall establishA youth entrepreneurship 158.30 education programto improve the academic and entrepreneurial158.31skills of students and aid in their transition from school to158.32business creation. The programshall strengthen local economies 158.33 by creating jobs that enable citizens to remain in their 158.34 communities and to foster cooperation among educators, economic 158.35 development professionals, business leaders, and representatives 158.36 of labor. Assistance under this section shall be available to 159.1 new or existing student-operated or school-operated businesses 159.2 that have an educational purpose, and provide service or 159.3 products for customers or clients who do not attend or work at 159.4 the sponsoring school. The commissioner may require an equal 159.5 local match for assistance under this section up to the maximum 159.6 grant amount of $20,000. 159.7 Sec. 17. Minnesota Statutes 2000, section 124D.37, is 159.8 amended to read: 159.9 124D.37 [PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 159.10 WORKS ACT.] 159.11 Thepurposesexpected outcomes of sections 124D.37 to 159.12 124D.45 are to: 159.13 (1)renew the ethic ofpromote civic responsibility in 159.14 Minnesota; 159.15 (2)empower youth toimprovetheir life opportunities159.16throughyouth literacy, job placement, and other essential life 159.17 skills; 159.18 (3)empower government to meet itsimprove government's 159.19 responsibility to prepare young people to be contributing 159.20 members of society; 159.21 (4) help meethumancivic, educational, environmental, and 159.22 public safety needs, particularly those needs relating to 159.23 poverty; 159.24 (5)prepare a citizenry that is academically competent,159.25ready for work, and socially responsible;159.26(6)demonstrate the connection between youth and meaningful 159.27 communityservice, community service and education, and159.28education and meaningful opportunities in the business159.29community;159.30(7) demonstrate the connection between providing159.31opportunities for at-risk youth and reducing crime rates and the159.32social costs of troubled youthactivities; 159.33(8)(6) create linkages for a comprehensive youth service 159.34 and learning program in Minnesotaincluding school age programs,159.35higher education programs, youth work programs, and service159.36corps programs; and 160.1(9)(7) coordinate federal and state activities that 160.2 advance the purposes in this section. 160.3 Sec. 18. Minnesota Statutes 2000, section 124D.40, 160.4 subdivision 2, is amended to read: 160.5 Subd. 2. [GRANT AUTHORITY.] The commission must use any 160.6 state appropriation and any available federal funds, including 160.7 any grant received under federal law, to award grants to 160.8 establish programs for youth works meeting the requirements of 160.9 section 124D.41. At least one grant each must be available for 160.10 a metropolitan proposal, a rural proposal, and a statewide 160.11 proposal. If a portion of the suburban metropolitan area is not 160.12 included in the metropolitan grant proposal, the statewide grant 160.13 proposal must incorporate at least one suburban metropolitan 160.14 area.In awarding grants, the commission may select at least160.15one residential proposal and one nonresidential proposal,160.16provided the proposals meet or exceed the criteria in section160.17124D.41.160.18 Sec. 19. Minnesota Statutes 2000, section 124D.41, is 160.19 amended to read: 160.20 124D.41 [GRANT APPLICATIONS.] 160.21 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 160.22 seeking federal or state grant money under sections 124D.39 to 160.23 124D.44 shall prepare and submit to the commission an 160.24 application that meets the requirementsof this160.25sectiondeveloped by the commission. The commission must 160.26 develop, and the applying organizations must comply with, the160.27form and manner of the applicationrequirements that meet the 160.28 expected outcomes in section 124D.37. 160.29 Subd. 2. [APPLICATION CONTENT.] An applicant on its 160.30 application must:describe how it intends to meet the expected 160.31 outcomes in section 124D.37. 160.32(1) propose a program to provide participants the160.33opportunity to perform community service to meet specific unmet160.34community needs, and participate in classroom, work-based, and160.35service-learning;160.36(2) assess the community's unmet educational, human,161.1environmental, and public safety needs, the resources and161.2programs available for meeting those needs, and how young people161.3participated in assessing community needs;161.4(3) describe the educational component of the program,161.5including classroom hours per week, classroom time for161.6participants to reflect on the program experience, and161.7anticipated academic outcomes related to the service experience;161.8(4) describe the work to be performed, the ratio of youth161.9participants to crew leaders and mentors, and the expectations161.10and qualifications for crew leaders and mentors;161.11(5) describe local funds or resources available to meet the161.12match requirements of section 124D.44;161.13(6) describe any funds available for the program from161.14sources other than the requested grant;161.15(7) describe any agreements with local businesses to161.16provide participants with work-learning opportunities and161.17mentors;161.18(8) describe any agreement with local post-secondary161.19educational institutions to offer participants course credits161.20for their community service-learning experience;161.21(9) describe any agreement with a local high school or an161.22alternative learning center to provide remedial education,161.23credit for community service work and work-based learning, or161.24graduate equivalency degrees;161.25(10) describe any pay for service or other program delivery161.26mechanism that will provide reimbursement for benefits conferred161.27or recover costs of services participants perform;161.28(11) describe how local resources will be used to provide161.29support and assistance for participants to encourage them to161.30continue with the program, fulfill the terms of the contract,161.31and remain eligible for any postservice benefit;161.32(12) describe the arbitration mechanism for dispute161.33resolution required under section 124D.42, subdivision 2;161.34(13) describe involvement of community leaders in161.35developing broad-based support for the program;161.36(14) describe the consultation and sign-off process to be162.1used with any local labor organization representing employees in162.2the area engaged in work similar to that proposed for the162.3program to ensure that no current employees or available162.4employment positions will be displaced by program participants;162.5(15) certify to the commission and to any certified162.6bargaining representatives representing employees of the162.7applying organization that the project will not decrease162.8employment opportunities that would be available without the162.9project; will not displace current employees including any162.10partial displacement in the form of reduced hours of work other162.11than overtime, wages, employment benefits, or regular seasonal162.12work; will not impair existing labor agreements; and will not162.13result in the substitution of project funding for preexisting162.14funds or sources of funds for ongoing work;162.15(16) describe the length of the required service period,162.16which may not be less than six months or more than two years, a162.17method to incorporate a participant's readiness to advance or162.18need for postservice financial assistance into individual162.19service requirements, and any opportunity for participating part162.20time or in another program;162.21(17) describe a program evaluation plan that contains162.22cost-effectiveness measures, measures of participant success162.23including educational accomplishments, job placements, community162.24contributions, and ongoing volunteer activities, outcome162.25measures based on a preprogram and postprogram survey of162.26community rates of arrest, incarceration, teenage pregnancy, and162.27other indicators of youth in trouble, and a list of local162.28resources dedicated to reducing these rates;162.29(18) describe a three-year financial plan for maintaining162.30the program;162.31(19) describe the role of local youth in developing all162.32aspects of the grant proposal; and162.33(20) describe the process by which the local private162.34industry council participated in, and reviewed the grant162.35application.162.36 Sec. 20. Minnesota Statutes 2000, section 124D.42, 163.1 subdivision 7, is amended to read: 163.2 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 163.3 grantee organization must assess and work to enhance the 163.4 educational level of each entering participant.Each grantee163.5shall work to enhance the educational skills of each163.6participant. The commission may coordinate or contract with163.7educational institutions or other providers for educational163.8services and evaluation.All grantees shall give priority to 163.9 educating and training participants who do not have a high 163.10 school diploma or its equivalent, or who cannot afford 163.11 post-secondary training and education. 163.12 Sec. 21. Minnesota Statutes 2000, section 124D.46, 163.13 subdivision 1, is amended to read: 163.14 Subdivision 1. [GOALSESTABLISHMENT.]To better prepare163.15all learners to make transitions between education and163.16employment,A comprehensive education and employment transitions 163.17 system is established that is driven by multisector partnerships 163.18 and takes a lifelong approach to workforce development. 163.19 Thegoals of thestatewide education and employment transitions 163.20 systemareshall develop and implement methods: 163.21 (1) to improve the skills learners need to achieve greater 163.22 levels of self-sufficiency through education, training, and 163.23 work; 163.24 (2) to improve work-related counseling and information 163.25 about career opportunities and vocational education programs 163.26 available to learners to facilitate workforce development; 163.27 (3) to integrate opportunities for work-based learning, 163.28 service-learning, and other applied learning methods into the 163.29elementary, secondary, and post-secondary curriculum andstate 163.30 and local graduation standards; 163.31 (4)to increase participation in employment opportunities163.32and demonstrate the relationship between education and163.33employment at the elementary, secondary, and post-secondary163.34education levels;163.35(5)to promote the efficient use of public and private 163.36 resources by coordinating elementary, secondary, and 164.1 post-secondary education with related government programs; 164.2(6)(5) to expand educational options available to all 164.3 learners through collaborative efforts between school districts, 164.4 post-secondary institutions, employers, organized labor, 164.5 workers, learners, parents, community-based organizations, and 164.6 other interested parties; 164.7(7)(6) to increase opportunities for women, minorities, 164.8 individuals with a disability, and at-risk learners to fully 164.9 participate in work-based learning; and 164.10(8) to establish performance standards for learners that164.11integrate state and local graduation standards and generally164.12recognized industry and occupational skill standards; and164.13(9)(7) to provide support systems including a unified 164.14 labor market information system; a centralized quality assurance 164.15 system with information on learner achievement, employer 164.16 satisfaction, and measurable system outcomes; a statewide 164.17 marketing system to promote the importance of lifework 164.18 development; a comprehensive professional development system for 164.19 public and private sector partners; and a comprehensive system 164.20 for providing technical support to local partnerships for 164.21 education and employment transitions. 164.22 Sec. 22. Minnesota Statutes 2000, section 124D.47, 164.23 subdivision 2, is amended to read: 164.24 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 164.25 comprehensive youth apprenticeship program must require 164.26 representatives of secondary and post-secondary school systems, 164.27 affected local businesses, industries, occupations and labor, as 164.28 well as the local community, to be actively and collaboratively 164.29 involved in advising and managing the program and ensuring, in 164.30 consultation with local private industry councils, that the 164.31 youth apprenticeship program meets local labor market demands, 164.32 provides student apprentices with the high skill training 164.33 necessary for career advancement, meets applicable state 164.34 graduation requirements and labor standards, pays apprentices 164.35 for their work and provides support services to program 164.36 participants. 165.1 (b) Local employers, collaborating with labor organizations 165.2 where appropriate, must assist the program by analyzing 165.3 workplace needs, creating work-related curriculum, employing and 165.4 adequately paying youth apprentices engaged in work-related 165.5 learning in the workplace, training youth apprentices to become 165.6 skilled in an occupation, providing student apprentices with a 165.7 workplace mentor, periodically informing the school of an 165.8 apprentice's progress, and making a reasonable effort to employ 165.9 youth apprentices who successfully complete the program. 165.10 (c) A student participating in a comprehensive youth 165.11 apprenticeship program must sign a youth apprenticeship 165.12 agreement with participating entities that obligates youth 165.13 apprentices, their parents or guardians, employers, and schools 165.14 to meet program requirements; indicates how academic165.15instruction, work-based learning, and worksite learning and165.16experience will be integrated; ensures that successful youth165.17apprentices will receive a recognized credential of academic and165.18occupational proficiency; and establishes the wage rate and165.19other benefits for which youth apprentices are eligible while165.20employed during the program.165.21(d) Secondary school principals, counselors, or business165.22mentors familiar with the education to employment transitions165.23system must inform entering secondary school students about165.24available occupational and career opportunities and the option165.25of entering a youth apprenticeship or other work-based learning165.26program to obtain post-secondary academic and occupational165.27credentials. 165.28 Sec. 23. Minnesota Statutes 2000, section 124D.49, 165.29 subdivision 3, is amended to read: 165.30 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 165.31 SYSTEMS.] A local education and employment transitions 165.32 partnership must assess the needs of employers, employees, and 165.33 learners, and develop a plan for implementing and achieving the 165.34 objectives of a local or regional education and employment 165.35 transitions system. The plan must provide for a comprehensive 165.36 local system for assisting learners and workers in making the 166.1 transition from school to work or for retraining in a new 166.2 vocational area. Theobjectivesexpected outcomes of a local 166.3 education and employment transitions system include: 166.4 (1) increasing the effectiveness of the educational 166.5 programsand curriculum of elementary, secondary, and166.6post-secondary schoolswhich meet state and local graduation 166.7 standards andthe work site in preparingprepare students in the 166.8 skills and knowledge needed to be successful in the workplace; 166.9 (2) implementing learner outcomes for students in grades 166.10 kindergarten through 12 designed to introduce the world of work 166.11 and to explore career opportunities, including nontraditional 166.12 career opportunities; 166.13 (3)eliminating barriers to providing effective integrated166.14applied learning, service-learning, or work-based curriculum;166.15(4) increasing opportunities to apply academic knowledge166.16and skills, including skills needed in the workplace, in local166.17settings which include the school, school-based enterprises,166.18post-secondary institutions, the workplace, and the community;166.19(5) increasing applied instruction in the attitudes and166.20skills essential for success in the workplace, including166.21cooperative working, leadership, problem-solving, and respect166.22for diversity;166.23(6)providing staff training for vocational guidance 166.24 counselors, teachers, and other appropriate staff in the 166.25 importance of preparing learners for the transition to work, and 166.26 in methods of providing instruction that incorporate applied 166.27 learning, work-based learning, and service-learning experiences; 166.28(7)(4) identifying and enlisting local and regional 166.29 employers who can effectively provide work-based or 166.30 service-learning opportunities, including, but not limited to, 166.31 apprenticeships, internships, and mentorships; 166.32(8)(5) recruiting community and workplace mentors 166.33 including peers, parents, employers and employed individuals 166.34 from the community, and employers of high school students; 166.35(9)(6) identifying current and emerging educational, 166.36 training, and employment needs of the area or region, especially 167.1 within industries with potential for job growth; 167.2(10)(7) improving the coordination and effectiveness of 167.3 local vocational and job training programs, including vocational 167.4 education, adult basic education, tech prep, apprenticeship, 167.5 service-learning, youth entrepreneur, youth training and 167.6 employment programs administered by the commissioner of economic 167.7 security, and local job training programs under the Job Training 167.8 Partnership Act, United States Code, title 29, section 1501, et 167.9 seq.; 167.10(11)(8) identifying and applying for federal, state, 167.11 local, and private sources of funding for vocational or applied 167.12 learning programs; 167.13(12)(9) providing students with current information and 167.14 counseling about career opportunities, potential employment, 167.15 educational opportunities in post-secondary institutions, 167.16 workplaces, and the community, and the skills and knowledge 167.17 necessary to succeed; 167.18(13) providing educational technology, including167.19interactive television networks and other distance learning167.20methods, to ensure access to a broad variety of work-based167.21learning opportunities;167.22(14)(10) including students with disabilities in a 167.23 district's vocational or applied learning program and ways to 167.24 serve at-risk learners through collaboration with area learning 167.25 centers under sections 123A.05 to 123A.09, or other alternative 167.26 programs; and 167.27(15)(11) providing a warranty to employers, post-secondary 167.28 education programs, and other post-secondary training programs, 167.29 that learners successfully completing a high school work-based 167.30 or applied learning program will be able to apply the knowledge 167.31 and work skills included in the program outcomes or graduation 167.32 requirements. The warranty shall require education and training 167.33 programs to continue to work with those learners that need 167.34 additional skill development until they can demonstrate 167.35 achievement of the program outcomes or graduation requirements. 167.36 Sec. 24. Minnesota Statutes 2000, section 124D.50, 168.1 subdivision 2, is amended to read: 168.2 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 168.3 commissioner, in consultation with the commission, shall develop 168.4 a service-learningprogram curriculum that includes apolicy 168.5 framework and strategies for youth community service and an 168.6 infrastructure for mentoring youth. The commissioner shall 168.7 include in the curriculum at least the following: 168.8 (1) youth community service strategies that enable young 168.9 people to make significant contributions to the welfare of their 168.10 community through such organizations as schools, colleges, 168.11 government agencies, and community-based organizations or 168.12 through individual efforts; 168.13 (2) mentoring strategies that enable young people to be 168.14 matched with caring, responsible individuals who can encourage 168.15 and guide the young people in their personal growth and 168.16 development; 168.17 (3) guidelines, criteria, and procedures for community 168.18 service programs that incorporate the results of the study in 168.19 subdivision 1; and 168.20 (4) criteria for community service activities and 168.21 service-learning. 168.22 Sec. 25. Minnesota Statutes 2000, section 124D.50, 168.23 subdivision 3, is amended to read: 168.24 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 168.25 EDUCATION LEVEL.] The service-learningcurriculumframework must 168.26 accommodate students' grade level or the last completed grade 168.27 level of the participants not currently enrolled in school. 168.28 Schools must provide at least the following: 168.29 (1) for students in grades 7 to 9, an opportunity to learn 168.30 about service-learning activities and possible occupations; 168.31 (2) for students in grade 10, an opportunity to apply for 168.32 service-learning under section 124D.19 subdivision 10, and youth 168.33 apprenticeship programs; and 168.34 (3) for students in grades 11 and 12 and young people not 168.35 currently enrolled in school, an opportunity to become involved 168.36 in community service activities, participate in youth 169.1 apprenticeship programs, and, depending upon the individual's 169.2 demonstrated abilities, complete high school or pursue 169.3 post-secondary coursework. 169.4 Sec. 26. Minnesota Statutes 2000, section 124D.65, 169.5 subdivision 6, is amended to read: 169.6 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 169.7 counting the number of pupils of limited English proficiency for 169.8 purposes of this section, districts may include pupils of 169.9 limited English proficiency who attend nonpublic schools in the 169.10 district. A district which counts those pupils and receives aid 169.11 pursuant to this section must offer those pupils the same 169.12 programs on the same terms that it offers to pupils of limited 169.13 English proficiency who attend the public school. A program 169.14 provided for a nonpublic school pupil pursuant to this 169.15 subdivision must be provided at a public schoolor, a neutral 169.16 site as defined in section 123B.41, subdivision 13, the 169.17 nonpublic school, or any other suitable location. The school 169.18 district must make the final decision on the location of these 169.19 services. Nonpublic school pupils served by a district's 169.20 educational program for pupils of limited English proficiency 169.21 must be counted for average daily membership pursuant to 169.22 sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 169.23 1 to 4. 169.24 Sec. 27. Minnesota Statutes 2000, section 124D.74, 169.25 subdivision 1, is amended to read: 169.26 Subdivision 1. [PROGRAMDESCRIBEDOUTCOMES.] American 169.27 Indian language and culture education programs areprograms in169.28elementary and secondary schools enrolling American Indian169.29childrendesigned: 169.30 (1) to make the curriculum more relevant to the needs, 169.31 interests, and cultural heritage of American Indian pupils; 169.32 (2) to provide positive reinforcement of the self-image of 169.33 American Indian pupils; and 169.34 (3) to develop intercultural awareness among pupils, 169.35 parents, and staff.Program components may include:169.36instruction in American Indian language, literature, history,170.1and culture; development of support components for staff,170.2including in-service training and technical assistance in170.3methods of teaching American Indian pupils; research projects,170.4including experimentation with and evaluation of methods of170.5relating to American Indian pupils; provision of personal and170.6vocational counseling to American Indian pupils; modification of170.7curriculum, instructional methods, and administrative procedures170.8to meet the needs of American Indian pupils; and establishment170.9of cooperative liaisons with nonsectarian nonpublic, community,170.10tribal or alternative schools offering curricula which reflect170.11American Indian culture.Districts offering programs may make 170.12 contracts for the provision of program components by 170.13 nonsectarian nonpublic, community, tribal or alternative 170.14 schools. These programs may also be provided as components of 170.15 early childhood and family education programs. 170.16 Sec. 28. Minnesota Statutes 2000, section 124D.88, 170.17 subdivision 2, is amended to read: 170.18 Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.]To the170.19extent money is available,The commissioner may approve projects 170.20 from applications submitted under this section. The grant money 170.21 must be used only to design, acquire, construct, expand, 170.22 remodel, improve, furnish, or equip the building or site of a 170.23 magnet school facility according to contracts entered into 170.24 within 24 months after the date on which a grant is awarded. 170.25 Sec. 29. Minnesota Statutes 2000, section 124D.892, is 170.26 amended to read: 170.27 124D.892 [OFFICE OFDESEGREGATION/INTEGRATION.] 170.28 Subdivision 1. [ESTABLISHMENT.] (a)An office of170.29desegregation/integration is established inThedepartment170.30 commissioner of children, families, and learningtomust 170.31 coordinate and support activities related to student enrollment, 170.32 student and staff recruitment and retention, transportation, and 170.33 interdistrict cooperation among metropolitan school districts. 170.34 (b) At the request of a metropolitan school district 170.35 involved in cooperative desegregation/integration efforts, the 170.36officecommissioner shall perform any of the following 171.1 activities: 171.2 (1) assist districts with interdistrict student transfers, 171.3 including student recruitment, counseling, placement, and 171.4 transportation; 171.5 (2) coordinate and disseminate information about schools 171.6 and programs; 171.7 (3) assist districts with new magnet schools and programs; 171.8 (4) assist districts in providing staff development and 171.9 in-service training; and 171.10 (5) coordinate and administer staff exchanges. 171.11 (c) Theofficecommissioner shall collect data on the 171.12 efficacy of districts' desegregation/integration efforts and 171.13 make recommendations based on the data. Theofficecommissioner 171.14 shall periodically consult with the metropolitan council to 171.15 coordinate school desegregation/integration efforts with the 171.16 housing, social, economic, and infrastructure needs of the 171.17 metropolitan area. Theofficecommissioner shall develop a 171.18 process for resolving students' disputes and grievances about 171.19 student transfers under a desegregation/integration plan. 171.20 Subd. 2. [COORDINATION.] The commissioner may request 171.21 information or assistance from, or contract with, any state or 171.22 local agency or officer, local unit of government, or recognized 171.23 expert to assist the commissioner in performing the activities 171.24 described in subdivision 1. 171.25 Subd. 3. [ADVISORY BOARD.] The commissioner shall 171.26 establish an advisory board composed of: 171.27 (1) nine superintendents, eight shall be selected by the 171.28 superintendents of the school districts located in whole or in 171.29 part within each of the eight metropolitan districts established 171.30 under section 473.123, subdivision 3c, and one superintendent of 171.31 a district outside the seven-county metropolitan area and is 171.32 from a district that is considered racially isolated or has a 171.33 racially isolated school site according to Minnesota Rules, part 171.34 3535.0110; 171.35 (2) one person each selected by the Indian affairs council, 171.36 the council on Asian-Pacific Minnesotans, the council on Black 172.1 Minnesotans, and the council on affairs of Chicano/Latino 172.2 people; and 172.3 (3) the superintendent of independent school district No. 172.4 709, Duluth. 172.5 The advisory board shall advise theofficecommissioner on 172.6 complying with the requirements under subdivision 1. The 172.7 advisory board may solicit comments from teachers, parents, 172.8 students, and interested community organizations and others. 172.9 Sec. 30. Minnesota Statutes 2000, section 124D.894, is 172.10 amended to read: 172.11 124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 172.12 COMMITTEE.] 172.13 (a) The commissioner shall appoint a state multicultural 172.14 education advisory committee to advise the department and the 172.15 state board on multicultural education. The committee must have 172.16 12 members and be composed of representatives from among the 172.17 following groups and community organizations: African-American, 172.18 Asian-Pacific, Hispanic, and American Indian. 172.19 (b) The state committee shall provide information and 172.20 recommendations on: 172.21 (1) department procedures for reviewing and approving 172.22 district plans and disseminating information on multicultural 172.23 education; 172.24 (2) department procedures for improving inclusive education 172.25 plans, curriculum and instruction improvement plans, and 172.26 performance-based assessments; 172.27 (3) developing learner outcomes which are multicultural; 172.28 and 172.29 (4) other recommendations that will further inclusive, 172.30 multicultural education. 172.31(c) The committee shall also participate in determining the172.32criteria for and awarding the grants established under Laws172.331993, chapter 224, article 8, section 22, subdivision 8.172.34 Sec. 31. Minnesota Statutes 2000, section 124D.94, 172.35 subdivision 2, is amended to read: 172.36 Subd. 2. [CREATION OF FOUNDATION.] There is created the 173.1 Minnesota academic excellence foundation.The purpose of the173.2foundation shall be to promote academic excellence in Minnesota173.3public and nonpublic schools and communities through173.4public-private partnerships.The foundation shall be a 173.5 nonprofit organization. The board of directors of the 173.6 foundation and foundation activities are under the direction of 173.7 the commissioner of children, families, and learning. 173.8 Sec. 32. Minnesota Statutes 2000, section 124D.94, 173.9 subdivision 4, is amended to read: 173.10 Subd. 4. [FOUNDATION PROGRAMS.] The foundationmayshall 173.11 develop programs that advance the concept of educational 173.12 excellence in Minnesota public and nonpublic schools and 173.13 communities through public-private partnerships.These may173.14include, but are not limited to:173.15(a) recognition programs and awards for students173.16demonstrating academic excellence;173.17(b) summer institute programs for students with special173.18talents;173.19(c) recognition programs for teachers, administrators, and173.20others who contribute to academic excellence;173.21(d) summer mentorship programs with business and industry173.22for students with special career interests and high academic173.23achievements;173.24(e) governor's awards ceremonies and special campaigns to173.25promote awareness and expectation for academic achievement;173.26(f) an academic league to provide organized challenges173.27requiring cooperation and competition for public and nonpublic173.28pupils in elementary and secondary schools;173.29(g) systemic transformation initiatives and assistance and173.30training to community teams to increase school performance in173.31the state's education institutions through strategic quality173.32planning for continuous improvement, empowerment of multiple173.33stakeholders, validation of results via customer-supplier173.34relationships, and a total system approach based on best173.35practices in key process areas; and173.36(h) activities to measure customer satisfaction for174.1delivery of services to education institutions in order to plan174.2for and implement continuous improvement.174.3To the extent possible, the foundation shall make these174.4programs available to students in all parts of the state.174.5 Sec. 33. [REVISOR INSTRUCTION.] 174.6 In the next and subsequent editions of Minnesota Statutes 174.7 and Minnesota Rules, the revisor of statutes shall renumber each 174.8 section of Minnesota Statutes in column A with the number in 174.9 column B. The revisor shall also make necessary cross-reference 174.10 changes consistent with the renumbering. 174.11 A B 174.12 124D.35 124D.46, subd. 7 174.13 124D.46, subd. 4 268.665, subd. 7 174.14 124D.47, subd. 2 124D.46, subd. 8 174.15 Sec. 34. [REPEALER.] 174.16 (a) Minnesota Statutes 2000, sections 124D.02, subdivisions 174.17 2, 3, and 4; 124D.06; 124D.081, subdivision 1; 124D.09, 174.18 subdivisions 8, 25, and 26; 124D.10, subdivision 13; 124D.115, 174.19 subdivisions 1 and 2; 124D.118, subdivision 1; 124D.12; 174.20 124D.121; 124D.122; 124D.123; 124D.124; 124D.125; 124D.126; 174.21 124D.127; 124D.128, subdivisions 1, 3, and 5; 124D.31; 124D.43; 174.22 124D.46, subdivision 3; 124D.47, subdivision 1; 124D.50, 174.23 subdivisions 1, 2, and 3; 124D.60, subdivision 3; 124D.65, 174.24 subdivisions 8, 9, and 10; 124D.68, subdivision 1; 124D.72; 174.25 124D.81, subdivision 7; 124D.88, subdivision 1; 124D.895; 174.26 124D.90, subdivision 5; 124D.91; 124D.92; and 124D.93, are 174.27 repealed. 174.28 (b) Minnesota Statutes 2000, section 124D.128, subdivision 174.29 6, is repealed effective July 1, 2001. 174.30 ARTICLE 15 174.31 EDUCATION AND TECHNOLOGY 174.32 Section 1. Minnesota Statutes 2000, section 125B.05, 174.33 subdivision 1, is amended to read: 174.34 Subdivision 1. [INFORMATION SYSTEM.] The department of 174.35 children, families, and learning shall develop and maintaina174.36computerizedan information system for state information needs. 175.1 Sec. 2. Minnesota Statutes 2000, section 125B.05, 175.2 subdivision 2, is amended to read: 175.3 Subd. 2. [PURPOSES.] The purposes of thecomputerized175.4 information system shall be: 175.5 (a) To provide comparable and accurate educational 175.6 information in a manner which is timely and economical; 175.7 (b) To ensure accountability for state appropriations; 175.8 (c) To collect data to assess the needs of learners and 175.9 children; 175.10 (d) To provide school districts with an educational 175.11 information system capability which will meet school district 175.12 management needs; and 175.13 (e) To provide forcomputerizedanalysis of educational 175.14 information to meet the management needs of the state of 175.15 Minnesota. 175.16 Sec. 3. Minnesota Statutes 2000, section 125B.20, 175.17 subdivision 1, is amended to read: 175.18 Subdivision 1. [ESTABLISHMENT; PURPOSE.]The purpose of175.19developing a statewide school district telecommunications175.20network is to expand the availability of a broad range of175.21courses and degrees to students throughout the state, to share175.22information resources to improve access, quality, and175.23efficiency, to improve learning, and distance cooperative175.24learning opportunities, and to promote the exchange of ideas175.25among students, parents, teachers, media generalists,175.26librarians, and the public. In addition, through the175.27development of this statewide telecommunications network175.28emphasizing cost-effective, competitive connections, all175.29Minnesotans will benefit by enhancing access to175.30telecommunications technology throughout the state. Network175.31connections for school districts and public libraries are175.32coordinated and fully integrated into the existing state175.33telecommunications and interactive television networks to175.34achieve comprehensive and efficient interconnectivity of school175.35districts and libraries to higher education institutions, state175.36agencies, other governmental units, agencies, and institutions176.1throughout Minnesota. A school district may apply to the176.2commissioner for a grant under subdivision 2, and a regional176.3public library may apply under subdivision 3.The Minnesota 176.4 education telecommunications council established in Laws 1995, 176.5 First Special Session chapter 3, article 12, section 7, shall 176.6 establish priorities for awarding grants, making grant awards, 176.7 and being responsible for the coordination of networks. 176.8 Sec. 4. Minnesota Statutes 2000, section 125B.20, 176.9 subdivision 4, is amended to read: 176.10 Subd. 4. [AWARD OF GRANTS.] The council shall develop 176.11 application forms and procedures for telecommunication access 176.12 grants. The council shall select the grant recipientand shall176.13promptly notify any applicant that is found not to be176.14qualified. The commissioner shall make the grant payments 176.15 directly to the school district or regional library system. At 176.16 the request of the district or regional library system, the 176.17 commissioner may make the grant payment directly to the 176.18 coordinating organization. 176.19 Sec. 5. [REPEALER.] 176.20 Minnesota Statutes 2000, sections 125B.02; 125B.07, 176.21 subdivisions 1, 3, and 5; 125B.09; and 125B.11, are repealed. 176.22 ARTICLE 16 176.23 EDUCATION FUNDING 176.24 Section 1. Minnesota Statutes 2000, section 126C.05, 176.25 subdivision 1, is amended to read: 176.26 Subdivision 1. [PUPIL UNIT.] Pupil units for each 176.27 Minnesota resident pupil in average daily membership enrolled in 176.28 the district of residence, in another district under sections 176.29 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 176.30 124D.68; in a charter school under section 124D.10; or for whom 176.31 the resident district pays tuition under section 123A.18, 176.32 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 176.33 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 176.34 125A.65, shall be counted according to this subdivision. A 176.35 district may not count a person who is over the age of 21, 176.36 except as provided in section 125A.03, or who has graduated from 177.1 high school and is enrolled as a part-time student in a class or 177.2 program as a pupil unit. 177.3 (a) A prekindergarten pupil with a disability who is 177.4 enrolled in a program approved by the commissioner and has an 177.5 individual education plan is counted as the ratio of the number 177.6 of hours of assessment and education service to 825 times 1.25 177.7 with a minimum of 0.28, but not more than 1.25. 177.8 (b) A prekindergarten pupil who is assessed but determined 177.9 not to be handicapped is counted as the ratio of the number of 177.10 hours of assessment service to 825 times 1.25. 177.11 (c) A kindergarten pupil with a disability who is enrolled 177.12 in a program approved by the commissioner is counted as the 177.13 ratio of the number of hours of assessment and education 177.14 services required in the fiscal year by the pupil's individual 177.15 education program plan to 875, but not more than one. 177.16 (d) A kindergarten pupil who is not included in paragraph 177.17 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 177.18 thereafter. 177.19 (e) A pupil who is in any of grades 1 to 3 is counted as 177.20 1.115 pupil units for fiscal year 2000 and thereafter. 177.21 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 177.22 pupil units for fiscal year 1995 and thereafter. 177.23 (g) A pupil who is in any of grades 7 to 12 is counted as 177.24 1.3 pupil units. 177.25 (h) A pupil who is in the post-secondary enrollment options 177.26 program is counted as 1.3 pupil units. 177.27 Sec. 2. Minnesota Statutes 2000, section 126C.17, 177.28 subdivision 11, is amended to read: 177.29 Subd. 11. [REFERENDUM DATE.] In addition to the referenda 177.30 allowed in subdivision 9, clause (a), the commissioner may 177.31 authorize a referendum for a different day. 177.32 (a) The commissioner may grant authority to a district to 177.33 hold a referendum on a different day if the district is in 177.34 statutory operating debt and has an approved plan or has 177.35 received an extension from the department to file a plan to 177.36 eliminate the statutory operating debt. 178.1 (b)The commissioner may grant authority for a district to178.2hold a referendum on a different day if: (1) the district will178.3conduct a bond election under chapter 475 on that same day; and178.4(2) the proceeds of the referendum will provide only additional178.5operating revenue complementing the purpose for which bonding178.6authority is sought. The commissioner may only grant authority178.7under this paragraph if the district demonstrates to the178.8commissioner's satisfaction that the district's ability to178.9operate the new facility or achieve efficiencies with the178.10purchases connected to the proceeds of the bond sale will be178.11significantly affected if the operating referendum is not178.12conducted until the November general election. Authority under178.13this paragraph expires November 30, 1998.178.14(c)The commissioner must approve, deny, or modify each 178.15 district's request for a referendum levy on a different day 178.16 within 60 days of receiving the request from a district. 178.17 Sec. 3. Minnesota Statutes 2000, section 126C.31, is 178.18 amended to read: 178.19 126C.31 [POLICY.] 178.20Financing the education of our children is one of state178.21government's most important functions. In performing this178.22function, the state seeks to provide sufficient funding while178.23encouraging equity, accountability, and incentives toward178.24quality improvement. To help achieve these goals and to help178.25control future spending growthTo ensure students have access to 178.26 educational programs and services that meet their academic 178.27 needs, the state will fund core instruction and related support 178.28 services, will facilitate improvement inthequalityand178.29delivery of programs andservices, and will equalize revenues 178.30 raised locally for discretionary purposes. 178.31 Sec. 4. Minnesota Statutes 2000, section 126C.48, 178.32 subdivision 8, is amended to read: 178.33 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 178.34 Reductions in levies pursuant to sections 126C.48, subdivision 178.35 1, and 273.138, must be made prior to the reductions in clause 178.36 (2). 179.1 (2)Notwithstanding any other law to the contrary,179.2 Districts which received payments pursuant to sections 298.018; 179.3 298.24 to 298.28, except an amount distributed under section 179.4 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 179.5 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 179.6 upon severed mineral values, or recognized revenue pursuant to 179.7 section 477A.15; must not include a portion of these aids in 179.8 their permissible levies pursuant to those sections, but instead 179.9 must reduce the permissible levies authorized by this chapter 179.10 and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A 179.11 by the greater of the following: 179.12 (a) an amount equal to 50 percent of the total dollar 179.13 amount of the payments received pursuant to those sections or 179.14 revenue recognized pursuant to section 477A.15 in the previous 179.15 fiscal year; or 179.16 (b) an amount equal to the total dollar amount of the 179.17 payments received pursuant to those sections or revenue 179.18 recognized pursuant to section 477A.15 in the previous fiscal 179.19 year less the product of the same dollar amount of payments or 179.20 revenue times five percent. 179.21 (3) No reduction pursuant to this subdivision shall reduce 179.22 the levy made by the district pursuant to section 126C.13, to an 179.23 amount less than the amount raised by a levy of a net tax rate 179.24 of 6.82 percent times the adjusted net tax capacity for taxes 179.25 payable in 1990 and thereafter of that district for the 179.26 preceding year as determined by the commissioner. The amount of 179.27 any increased levy authorized by referendum pursuant to section 179.28 126C.17, subdivision 9, shall not be reduced pursuant to this 179.29 subdivision. The amount of any levy authorized by section 179.30 126C.43, to make payments for bonds issued and for interest 179.31 thereon, shall not be reduced pursuant to this subdivision. 179.32 (4) Before computing the reduction pursuant to this 179.33 subdivision of the health and safety levy authorized by sections 179.34 123B.57 and 126C.40, subdivision 5, the commissioner shall 179.35 ascertain from each affected school district the amount it 179.36 proposes to levy under each section or subdivision. The 180.1 reduction shall be computed on the basis of the amount so 180.2 ascertained. 180.3 (5)Notwithstanding any law to the contrary,Any amounts 180.4 received by districts in any fiscal year pursuant to sections 180.5 298.018; 298.24 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 180.6 298.405; or any law imposing a tax on severed mineral values; 180.7 and not deducted from general education aid pursuant to section 180.8 126C.21, subdivision 4, clause (2), and not applied to reduce 180.9 levies pursuant to this subdivision shall be paid by the 180.10 district to the St. Louis county auditor in the following amount 180.11 by March 15 of each year, the amount required to be subtracted 180.12 from the previous fiscal year's general education aid pursuant 180.13 to section 126C.21, subdivision 4, which is in excess of the 180.14 general education aid earned for that fiscal year. The county 180.15 auditor shall deposit any amounts received pursuant to this 180.16 clause in the St. Louis county treasury for purposes of paying 180.17 the taconite homestead credit as provided in section 273.135. 180.18 ARTICLE 17 180.19 STATE ADMINISTRATION OF EDUCATION 180.20 Section 1. Minnesota Statutes 2000, section 127A.05, 180.21 subdivision 1, is amended to read: 180.22 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 180.23 shall be under the administrative control of the commissioner of 180.24 children, families, and learning which office is established. 180.25 The governor shall appoint the commissioner under the provisions 180.26 of section 15.06. 180.27 The commissioner shall be a person who possesses 180.28 educational attainment and breadth of experience in the 180.29 administration of public education and of the finances 180.30 pertaining thereto commensurate with the spirit and intent of 180.31 this code.Notwithstanding any other law to the contrary, the180.32commissioner may appoint two deputy commissioners who shall180.33serve in the unclassified service.The commissioner shall also 180.34 appoint other employees as may be necessary for the organization 180.35 of the department. The commissioner shall perform such duties 180.36 as the law and rules may provide and be held responsible for the 181.1 efficient administration and discipline of the department. The 181.2 commissioner is charged with the execution of powers and duties 181.3 to promote public education in the state and to safeguard the 181.4 finances pertaining thereto. 181.5 Sec. 2. Minnesota Statutes 2000, section 127A.05, 181.6 subdivision 3, is amended to read: 181.7 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 181.8 EDUCATIONAL AGENCIES.] The commissioner of children, families, 181.9 and learning shalladopt goals for andexercise general 181.10 supervision over public schools and other public educational 181.11 agencies in the state, classify and standardize public181.12elementary and secondary schools, and prepare for them outlines181.13and suggested courses of study. The commissioner shall develop181.14a plan to attain the adopted goals. The commissioner may 181.15 recognize educational accrediting agencies for the sole purposes 181.16 of sections 120A.22, 120A.24, and 120A.26. 181.17 Sec. 3. Minnesota Statutes 2000, section 127A.06, is 181.18 amended to read: 181.19 127A.06 [RECOMMENDATIONS; BUDGET.] 181.20The commissioner of children, families, and learning shall181.21recommend to the governor and legislature such modification and181.22unification of laws relating to the state system of education as181.23shall make those laws more readily understood and more effective181.24in execution.The commissioner of children, families, and 181.25 learning shall prepare a biennial education budget which shall 181.26 be submitted to the governor and legislature, such budget to 181.27 contain a complete statement of finances pertaining to the 181.28maintenanceoperations of the state department and to the 181.29 distribution of state aid. 181.30 Sec. 4. Minnesota Statutes 2000, section 127A.41, 181.31 subdivision 7, is amended to read: 181.32 Subd. 7. [SCHEDULE ADJUSTMENTS.](a) It is the intention181.33of the legislature to encourage efficient and effective use of181.34staff and facilities by districts. Districts are encouraged to181.35consider both cost and energy saving measures.181.36(b)Any district operating a program pursuant to sections 182.1 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 182.2 operating a commissioner-designated area learning center program 182.3 under section 123A.09, or that otherwise receives the approval 182.4 of the commissioner to operate its instructional program to 182.5 avoid an aid reduction in any year, may adjust the annual school 182.6 schedule for that program throughout the calendar year. 182.7 Sec. 5. [REPEALER.] 182.8 Minnesota Statutes 2000, sections 127A.05, subdivision 5; 182.9 and 127A.41, subdivision 4, are repealed. 182.10 ARTICLE 18 182.11 PERPICH CENTER FOR ARTS EDUCATION 182.12 Section 1. Minnesota Statutes 2000, section 129C.10, 182.13 subdivision 3, is amended to read: 182.14 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 182.15 the powers necessary for the care, management, and control of 182.16 the Perpich center for arts education and all its real and 182.17 personal property. The powers shall include, but are not 182.18 limited to, those listed in this subdivision. 182.19 (b) The board may employ and discharge necessary employees, 182.20 andcontract for other servicesenter into contracts and 182.21 agreements to ensure the efficient operation of the center for 182.22 arts education. 182.23 (c) The board may receive and award grants. The board may 182.24 establish a charitable foundation and accept, in trust or 182.25 otherwise, any gift, grant, bequest, or devise for educational 182.26 purposes and hold, manage, invest, and dispose of them and the 182.27 proceeds and income of them according to the terms and 182.28 conditions of the gift, grant, bequest, or devise and its 182.29 acceptance. The board must adopt internal procedures to 182.30 administer and monitor aids and grants. 182.31 (d)The board may establish or coordinate evening,182.32continuing education, extension, and summer programs for182.33teachers and pupils.182.34(e) The board may identify pupils who have artistic talent,182.35either demonstrated or potential, in dance, literary arts, media182.36arts, music, theater, and visual arts, or in more than one art183.1form.183.2(f)The board must educate pupils with artistic talent by 183.3 providing: 183.4 (1) an interdisciplinary academic and arts program for 183.5 pupils in the 11th and 12th grades. The total number of pupils 183.6 accepted under this clauseand clause (2)shall not exceed 300; 183.7 (2)additional instruction to pupils for a 13th grade.183.8Pupils eligible for this instruction are those enrolled in 12th183.9grade who need extra instruction and who apply to the board, or183.10pupils enrolled in the 12th grade who do not meet learner183.11outcomes established by the board;183.12(3)intensive arts seminarsfor one or two weeksfor pupils 183.13 in grades97 to 12; 183.14(4)(3) summer arts institutes for pupils in grades97 to 183.15 12; 183.16(5)(4) artist mentor and extension programs in regional 183.17 sites; and 183.18(6)(5) teacher education programsfor indirect curriculum183.19delivery. 183.20(g) The board may determine the location for the Perpich183.21center for arts education and any additional facilities related183.22to the center, including the authority to lease a temporary183.23facility.183.24(h)(e) The board must plan for the enrollment of pupils on 183.25 an equal basis from each congressional district. 183.26(i) The board may establish task forces as needed to advise183.27the board on policies and issues. The task forces expire as183.28provided in section 15.059, subdivision 6.183.29(j) The board may request the commissioner of children,183.30families, and learning for assistance and services.183.31(k) The board may enter into contracts with other public183.32and private agencies and institutions for residential and183.33building maintenance services if it determines that these183.34services could be provided more efficiently and less expensively183.35by a contractor than by the board itself. The board may also183.36enter into contracts with public or private agencies and184.1institutions, school districts or combinations of school184.2districts, or service cooperatives to provide supplemental184.3educational instruction and services.184.4(l) The board may provide or contract for services and184.5programs by and for the center for arts education, including a184.6store, operating in connection with the center; theatrical184.7events; and other programs and services that, in the184.8determination of the board, serve the purposes of the center.184.9(m)(f) The board may provide for transportation of pupils 184.10 to and from the center for arts education for all or part of the 184.11 school year, as the board considers advisable and subject to its184.12rules. Notwithstanding any other law to the contrary,and the 184.13 board may charge a reasonable fee for transportation of pupils. 184.14 Every driver providing transportation of pupils under this 184.15 paragraph must possess all qualifications required by the 184.16 commissioner of children, families, and learning.The board may184.17contract for furnishing authorized transportation under rules184.18established by the commissioner of children, families, and184.19learning and may purchase and furnish gasoline to a contract184.20carrier for use in the performance of a contract with the board184.21for transportation of pupils to and from the center for arts184.22education. When transportation is provided, scheduling of184.23routes, establishment of the location of bus stops, the manner184.24and method of transportation, the control and discipline of184.25pupils, and any other related matter is within the sole184.26discretion, control, and management of the board.184.27(n)(g) The board may provide room and board for its pupils. 184.28 If the board provides room and board, it shall charge a 184.29 reasonable fee for the room and board. The fee is not subject 184.30 to chapter 14 and is not a prohibited fee according to sections 184.31 123B.34 to 123B.39. 184.32(o)(h) The board may establish and set fees for services 184.33 and programs. If the board sets fees not authorized or 184.34 prohibited by the Minnesota public school fee law, it may do so 184.35 without complying with the requirements of section 123B.38. 184.36(p)(i) The board may apply for all competitive grants 185.1 administered by agencies of the state and other government or 185.2 nongovernment sources. 185.3 ARTICLE 19 185.4 REPEAL OF RULES 185.5 Section 1. [REPEALER.] 185.6 Minnesota Rules, parts 3505.4300; 3520.0400; 3545.0600; 185.7 3545.0700; 3545.0800; 3545.0900; and 3550.0100, are repealed. 185.8 [EFFECTIVE DATE.] This section is effective the day 185.9 following final enactment.