SF 1187

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; repealing, modifying, and 
  1.3             expanding certain provisions of the kindergarten 
  1.4             through grade 12 education code; amending Minnesota 
  1.5             Statutes 1998, sections 120A.05, by adding 
  1.6             subdivisions; 120A.20, subdivision 1; 120A.22, 
  1.7             subdivisions 1 and 5; 120B.11, subdivisions 2 and 5; 
  1.8             120B.22, subdivision 1; 121A.06; 121A.11, subdivision 
  1.9             1; 121A.15; 121A.23, subdivision 1; 121A.26; 121A.27; 
  1.10            121A.28; 121A.29, subdivision 1; 121A.32, subdivision 
  1.11            1; 121A.34; 121A.36; 121A.55; 121A.69, subdivision 3; 
  1.12            122A.09, subdivision 6; 122A.15; 122A.22; 122A.40, 
  1.13            subdivisions 3, 5, 8, 9, 10, 12, 13, 14, and 19; 
  1.14            122A.41, subdivision 15; 122A.50; 122A.51; 122A.58, 
  1.15            subdivision 1; 122A.60, subdivision 1; 122A.68, 
  1.16            subdivisions 1 and 7; 122A.69; 122A.70, subdivision 2; 
  1.17            122A.91; 122A.92; 123B.02, subdivisions 2 and 3; 
  1.18            123B.04, subdivisions 2 and 5; 123B.09, subdivision 8; 
  1.19            123B.143, subdivision 1; 123B.36, subdivision 1; 
  1.20            123B.43; 123B.49, subdivisions 1 and 4; 123B.51, 
  1.21            subdivisions 1 and 5; 123B.73, subdivision 1; 123B.83, 
  1.22            subdivision 1; 123B.90, subdivisions 1 and 2; 123B.91, 
  1.23            subdivision 1; 123B.92, subdivisions 2 and 4; 124D.02, 
  1.24            subdivision 1; 124D.03, subdivision 3; 124D.09, 
  1.25            subdivisions 5, 6, 7, and 12; 124D.10, subdivisions 1, 
  1.26            6, 15, 19, and 25; 124D.115, subdivision 3; 124D.118, 
  1.27            subdivisions 2 and 3; 124D.28, subdivision 1; 124D.29, 
  1.28            by adding a subdivision; 124D.30, subdivision 3; 
  1.29            124D.34, subdivision 4; 124D.35; 124D.37; 124D.40, 
  1.30            subdivision 2; 124D.41; 124D.42, subdivision 7; 
  1.31            124D.46, subdivision 1; 124D.47, subdivision 2; 
  1.32            124D.49, subdivision 3; 124D.65, subdivision 6; 
  1.33            124D.74, subdivision 1; 124D.88, subdivision 2; 
  1.34            124D.892; 124D.894; 124D.94, subdivisions 2 and 4; 
  1.35            125B.05; 125B.20; 126C.05, subdivision 1; 126C.31; 
  1.36            126C.48, subdivision 8; 127A.05, subdivisions 1, 3, 
  1.37            and 4; 127A.06; 127A.41, subdivision 7; 127A.42, 
  1.38            subdivision 2; and 129C.10, subdivision 3; proposing 
  1.39            coding for new law in Minnesota Statutes, chapter 
  1.40            122A; repealing Minnesota Statutes 1998, sections 
  1.41            120B.10; 120B.11, subdivisions 3, 4, and 7; 120B.20; 
  1.42            120B.22, subdivisions 2 and 3; 120B.24; 121A.03, 
  1.43            subdivision 3; 121A.04, subdivisions 1, 3, and 4; 
  1.44            121A.11, subdivision 2; 121A.16; 121A.23, subdivision 
  1.45            2; 121A.32, subdivisions 2, 4, and 5; 121A.41, 
  1.46            subdivision 3; 122A.162; 122A.163; 122A.19, 
  2.1             subdivisions 2 and 4; 122A.32; 122A.33; 122A.40, 
  2.2             subdivisions 4, 6, and 11; 122A.42; 122A.43; 122A.45; 
  2.3             122A.46; 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 
  2.4             122A.56; 122A.57; 122A.58; 122A.624; 122A.625; 
  2.5             122A.71; 122A.72; 122A.75; 123A.06, subdivisions 1 and 
  2.6             3; 123A.07; 123A.15, subdivision 1; 123A.441; 123B.02, 
  2.7             subdivisions 5, 6, 9, 10, 11, 13, 14, and 16; 123B.04, 
  2.8             subdivision 4; 123B.11; 123B.147, subdivisions 1 and 
  2.9             3; 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 
  2.10            123B.40; 123B.445; 123B.49, subdivisions 2 and 3; 
  2.11            123B.51, subdivisions 2, 3, and 4; 123B.744; 123B.84; 
  2.12            123B.87; 123B.88, subdivisions 5, 11, 12, 13, 18, 20, 
  2.13            21, and 22; 123B.93; 123B.95, subdivision 3; 124D.02, 
  2.14            subdivisions 2, 3, and 4; 124D.03, subdivisions 5, 7, 
  2.15            9, and 10; 124D.05, subdivision 3; 124D.06; 124D.07; 
  2.16            124D.081, subdivisions 1 and 7; 124D.09, subdivisions 
  2.17            2, 8, 25, and 26; 124D.10, subdivision 13; 124D.115, 
  2.18            subdivisions 1 and 2; 124D.116; 124D.118, subdivision 
  2.19            1; 124D.12; 124D.121; 124D.122; 124D.123; 124D.124; 
  2.20            124D.125; 124D.126; 124D.127; 124D.128, subdivisions 
  2.21            1, 2, 3, 4, 5, 6, and 7; 124D.25; 124D.26; 124D.27; 
  2.22            124D.28, subdivision 2; 124D.29, subdivisions 1, 3, 4, 
  2.23            and 5; 124D.30, subdivision 4; 124D.31; 124D.34, 
  2.24            subdivision 5; 124D.43; 124D.46, subdivision 3; 
  2.25            124D.47, subdivision 1; 124D.50, subdivisions 1, 2, 
  2.26            and 3; 124D.60, subdivision 3; 124D.65, subdivisions 
  2.27            8, 9, and 10; 124D.68, subdivision 1; 124D.72; 
  2.28            124D.81, subdivision 7; 124D.88, subdivision 1; 
  2.29            124D.895; 124D.90, subdivision 5; 124D.91; 124D.92; 
  2.30            124D.93; 125B.02; 125B.07, subdivisions 1, 2, 3, 4, 5, 
  2.31            and 7; 125B.09; 125B.11; 126C.15, subdivisions 4 and 
  2.32            5; 127A.05, subdivision 5; and 127A.41, subdivision 4. 
  2.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.34                             ARTICLE 1
  2.35               EDUCATION CODE; COMPULSORY ATTENDANCE 
  2.36     Section 1.  Minnesota Statutes 1998, section 120A.05, is 
  2.37  amended by adding a subdivision to read: 
  2.38     Subd. 3a.  [CHARTER SCHOOL.] "Charter school" means a 
  2.39  public school formed according to section 124D.20.  
  2.40     Sec. 2.  Minnesota Statutes 1998, section 120A.05, is 
  2.41  amended by adding a subdivision to read: 
  2.42     Subd. 11a.  [PUBLIC SCHOOL.] "Public school" means a school 
  2.43  that receives state funds, provides an education to students 
  2.44  needed to meet outcomes or standards determined by the state, 
  2.45  and is accountable for the services it provides to students. 
  2.46     Sec. 3.  Minnesota Statutes 1998, section 120A.20, 
  2.47  subdivision 1, is amended to read: 
  2.48     Subdivision 1.  [AGE LIMITATIONS; PUPILS.] All schools 
  2.49  supported in whole or in part by state funds are public schools. 
  2.50  Admission to a public school is free to any person who resides 
  2.51  within the district that operates the school, who is under 21 
  3.1   years of age, and who satisfies the minimum age requirements 
  3.2   imposed by this section.  Notwithstanding the provisions of any 
  3.3   law to the contrary, The conduct of all students under 21 years 
  3.4   of age attending a public secondary school is governed by a 
  3.5   single set of reasonable rules and regulations promulgated by 
  3.6   the school board.  No person shall be admitted to any public 
  3.7   school (1) as a kindergarten pupil, unless the pupil is at least 
  3.8   five years of age on September 1 of the calendar year in which 
  3.9   the school year for which the pupil seeks admission commences; 
  3.10  or (2) as a 1st grade student, unless the pupil is at least six 
  3.11  years of age on September 1 of the calendar year in which the 
  3.12  school year for which the pupil seeks admission commences or has 
  3.13  completed kindergarten; except that any school board may 
  3.14  establish a policy for admission of selected pupils at an 
  3.15  earlier age. 
  3.16     Sec. 4.  Minnesota Statutes 1998, section 120A.22, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [PARENTAL RESPONSIBILITY.] The parent of a 
  3.19  child is primarily responsible for assuring that the child 
  3.20  acquires knowledge and skills that are essential for effective 
  3.21  citizenship and that the child is enrolled in school or receives 
  3.22  other instruction.  
  3.23     Sec. 5.  Minnesota Statutes 1998, section 120A.22, 
  3.24  subdivision 5, is amended to read: 
  3.25     Subd. 5.  [AGES AND TERMS.] (a) Every child between seven 
  3.26  and 16 years of age must receive instruction.  Every child under 
  3.27  the age of seven who is enrolled in a half-day kindergarten, or 
  3.28  a full-day kindergarten program on alternate days, or other 
  3.29  kindergarten programs shall receive instruction.  Except as 
  3.30  provided in subdivision 6, a parent may withdraw a child under 
  3.31  the age of seven from enrollment at any time. 
  3.32     (b) A school district by annual board action may require 
  3.33  children subject to this subdivision to receive instruction in 
  3.34  summer school.  A district that acts to require children to 
  3.35  receive instruction in summer school shall establish at the time 
  3.36  of its action the criteria for determining which children must 
  4.1   receive instruction. 
  4.2                              ARTICLE 2 
  4.3                      CURRICULUM AND ASSESSMENT 
  4.4      Section 1.  Minnesota Statutes 1998, section 120B.11, 
  4.5   subdivision 2, is amended to read: 
  4.6      Subd. 2.  [ADOPTING POLICIES.] (a) A school board shall 
  4.7   adopt annually a written policy that includes the following: 
  4.8      (1) district goals for instruction and curriculum; 
  4.9      (2) a process for evaluating each student's progress toward 
  4.10  meeting graduation standards and identifying the strengths and 
  4.11  weaknesses of instruction and curriculum affecting students' 
  4.12  progress; 
  4.13     (3) a system for periodically reviewing all instruction and 
  4.14  curriculum; 
  4.15     (4) a plan for improving instruction and curriculum; and 
  4.16     (5) an instruction plan that includes education 
  4.17  effectiveness processes developed under section 122A.625 and 
  4.18  integrates instruction, curriculum, and technology a process for 
  4.19  alternative instruction for a student if the student's parent or 
  4.20  guardian objects to the content of the regular instruction. 
  4.21     Sec. 2.  Minnesota Statutes 1998, section 120B.11, 
  4.22  subdivision 5, is amended to read: 
  4.23     Subd. 5.  [REPORT.] (a) By October 1 of each year, the 
  4.24  school board shall use standard statewide reporting procedures 
  4.25  the commissioner develops and adopt a report that includes the 
  4.26  following: 
  4.27     (1) student performance goals for meeting state graduation 
  4.28  standards adopted for that year; 
  4.29     (2) results of local assessment data, and any additional 
  4.30  test data; 
  4.31     (3) the annual school district improvement plans; 
  4.32     (4) information about district and learning site progress 
  4.33  in realizing previously adopted improvement plans; and 
  4.34     (5) the amount and type of revenue attributed to each 
  4.35  education site as defined in section 123B.04, subdivision 2. 
  4.36     (b) The school board shall publish the report in the local 
  5.1   newspaper with the largest circulation in the district or by 
  5.2   mail.  The board shall make a copy of the report available to 
  5.3   the public for inspection.  The board shall send a copy of the 
  5.4   report to the commissioner of children, families, and learning 
  5.5   by October 15 of each year. 
  5.6      (c) The title of the report shall contain the name and 
  5.7   number of the school district and read "Annual Report on 
  5.8   Curriculum, Instruction, and Student Performance."  The report 
  5.9   must include at least the following information about advisory 
  5.10  committee membership: 
  5.11     (1) the name of each committee member and the date when 
  5.12  that member's term expires; 
  5.13     (2) the method and criteria the school board uses to select 
  5.14  committee members; and 
  5.15     (3) the date by which a community resident must apply to 
  5.16  next serve on the committee. 
  5.17     Sec. 3.  Minnesota Statutes 1998, section 120B.22, 
  5.18  subdivision 1, is amended to read: 
  5.19     Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
  5.20  commissioner of children, families, and learning, in 
  5.21  consultation with the commissioners of health and human 
  5.22  services, state minority councils, battered women's programs, 
  5.23  sexual assault centers, representatives of religious 
  5.24  communities, and the assistant commissioner of the office of 
  5.25  drug policy and violence prevention, shall assist districts on 
  5.26  request in developing or implementing a violence prevention 
  5.27  program for students in kindergarten to grade 12 that can be 
  5.28  integrated into existing curriculum.  The purpose of the program 
  5.29  is to help students learn how to resolve conflicts within their 
  5.30  families and communities in nonviolent, effective ways.  
  5.31     (b) Each district is encouraged to integrate into its 
  5.32  existing curriculum a program for violence prevention that 
  5.33  includes at least: 
  5.34     (1) a comprehensive, accurate, and age appropriate 
  5.35  curriculum on violence prevention, nonviolent conflict 
  5.36  resolution, sexual, racial, and cultural harassment, and student 
  6.1   hazing that promotes equality, respect, understanding, effective 
  6.2   communication, individual responsibility, thoughtful decision 
  6.3   making, positive conflict resolution, useful coping skills, 
  6.4   critical thinking, listening and watching skills, and personal 
  6.5   safety; 
  6.6      (2) planning materials, guidelines, and other accurate 
  6.7   information on preventing physical and emotional violence, 
  6.8   identifying and reducing the incidence of sexual, racial, and 
  6.9   cultural harassment, and reducing child abuse and neglect; 
  6.10     (3) a special parent education component of early childhood 
  6.11  family education programs to prevent child abuse and neglect and 
  6.12  to promote positive parenting skills, giving priority to 
  6.13  services and outreach programs for at-risk families; 
  6.14     (4) involvement of parents and other community members, 
  6.15  including the clergy, business representatives, civic leaders, 
  6.16  local elected officials, law enforcement officials, and the 
  6.17  county attorney; 
  6.18     (5) collaboration with local community services, agencies, 
  6.19  and organizations that assist in violence intervention or 
  6.20  prevention, including family-based services, crisis services, 
  6.21  life management skills services, case coordination services, 
  6.22  mental health services, and early intervention services; 
  6.23     (6) collaboration among districts and service cooperatives; 
  6.24     (7) targeting early adolescents for prevention efforts, 
  6.25  especially early adolescents whose personal circumstances may 
  6.26  lead to violent or harassing behavior; 
  6.27     (8) opportunities for teachers to receive in-service 
  6.28  training or attend other programs on strategies or curriculum 
  6.29  designed to assist students in intervening in or preventing 
  6.30  violence in school and at home; and 
  6.31     (9) administrative policies that reflect, and a staff that 
  6.32  models, nonviolent behaviors that do not display or condone 
  6.33  sexual, racial, or cultural harassment or student hazing. 
  6.34     (c) The department may provide assistance at a neutral site 
  6.35  to a nonpublic school participating in a district's program.  
  6.36     Sec. 4.  [REPEALER.] 
  7.1      Minnesota Statutes 1998, sections 120B.10; 120B.11, 
  7.2   subdivisions 3, 4, and 7; 120B.20; 120B.22, subdivisions 2 and 
  7.3   3; and 120B.24, are repealed. 
  7.4                              ARTICLE 3 
  7.5            STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 
  7.6      Section 1.  Minnesota Statutes 1998, section 121A.06, is 
  7.7   amended to read: 
  7.8      121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 
  7.9   ZONES.] 
  7.10     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  7.11     (1) "dangerous weapon" has the meaning given it in section 
  7.12  609.02, subdivision 6; and 
  7.13     (2) "school" has the meaning given it in section 120A.22, 
  7.14  subdivision 4; and 
  7.15     (3) "school zone" has the meaning given it in section 
  7.16  152.01, subdivision 14a, clauses (1) and (3). 
  7.17     Subd. 2.  [REPORTS; CONTENT.] By January 1, 1994, The 
  7.18  commissioner, in consultation with the criminal and juvenile 
  7.19  information policy group, shall develop maintain a standardized 
  7.20  form to be used by schools to report incidents involving the use 
  7.21  or possession of a dangerous weapon in school zones.  The form 
  7.22  shall include the following information: 
  7.23     (1) a description of each incident, including a description 
  7.24  of the dangerous weapon involved in the incident; 
  7.25     (2) where, at what time, and under what circumstances the 
  7.26  incident occurred; 
  7.27     (3) information about the offender, other than the 
  7.28  offender's name, including the offender's age; whether the 
  7.29  offender was a student and, if so, where the offender attended 
  7.30  school; and whether the offender was under school expulsion or 
  7.31  suspension at the time of the incident; 
  7.32     (4) information about the victim other than the victim's 
  7.33  name, if any, including the victim's age; whether the victim was 
  7.34  a student and, if so, where the victim attended school; and if 
  7.35  the victim was not a student, whether the victim was employed at 
  7.36  the school; 
  8.1      (5) the cost of the incident to the school and to the 
  8.2   victim; and 
  8.3      (6) the action taken by the school administration to 
  8.4   respond to the incident. 
  8.5      The commissioner also shall develop an alternative 
  8.6   reporting format that allows school districts to provide 
  8.7   aggregate data, with an option to use computer technology to 
  8.8   report the data. 
  8.9      Subd. 3.  [REPORTS; FILING REQUIREMENTS.] By February 1 and 
  8.10  July 1 of each year, each school shall report incidents 
  8.11  involving the use or possession of a dangerous weapon in school 
  8.12  zones to the commissioner.  The reports must be made on the 
  8.13  standardized forms or using the alternative format developed by 
  8.14  the commissioner under subdivision 2.  The commissioner shall 
  8.15  compile the information it receives from the schools and report 
  8.16  it annually to the commissioner of public safety, the criminal 
  8.17  and juvenile information policy group, and the legislature. 
  8.18     Sec. 2.  Minnesota Statutes 1998, section 121A.11, 
  8.19  subdivision 1, is amended to read: 
  8.20     Subdivision 1.  [DISPLAYED BY SCHOOLS.] Every public 
  8.21  publicly owned school building in Minnesota must respectfully 
  8.22  display an appropriate United States flag when in session.  The 
  8.23  flag shall be displayed upon the school grounds or outside the 
  8.24  school building, on a proper staff, on every legal holiday 
  8.25  occurring during the school term and at such other times as the 
  8.26  board of the district may direct.  The flag must be displayed 
  8.27  within the principal rooms of the school building at all other 
  8.28  times while school is in session. 
  8.29     Sec. 3.  Minnesota Statutes 1998, section 121A.15, is 
  8.30  amended to read: 
  8.31     121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 
  8.32     Subdivision 1.  [IMMUNIZATION REQUIREMENT.] Except as 
  8.33  provided in subdivisions 3, 4, and 10, no person over two months 
  8.34  old may be allowed to enroll or remain enrolled in any 
  8.35  elementary or secondary school or child care facility in this 
  8.36  state until the person has submitted to the administrator or 
  9.1   other person having general control and supervision of the 
  9.2   school or child care facility, one of the following statements: 
  9.3      (1) a statement from a physician or a public clinic which 
  9.4   provides immunizations an immunization provider stating that the 
  9.5   person has received immunization, consistent with medically 
  9.6   acceptable standards, against measles after having attained the 
  9.7   age of 12 months, rubella, diphtheria, tetanus, pertussis, 
  9.8   polio, mumps, haemophilus influenza type b, and hepatitis B; or 
  9.9      (2) a statement from a physician or a public clinic which 
  9.10  provides immunizations an immunization provider stating that the 
  9.11  person has received immunizations, consistent with medically 
  9.12  acceptable standards, against measles after having attained the 
  9.13  age of 12 months, rubella, mumps, and haemophilus influenza type 
  9.14  b and that the person has commenced a schedule of immunizations 
  9.15  for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
  9.16  which indicates the month and year of each immunization received.
  9.17     Subd. 2.  [SCHEDULE OF IMMUNIZATIONS.] No person who has 
  9.18  commenced a treatment schedule of immunization pursuant to 
  9.19  subdivision 1, clause (2), may remain enrolled in any child care 
  9.20  facility, elementary, or secondary school in this state after 18 
  9.21  months of enrollment unless there is submitted to the 
  9.22  administrator, or other person having general control and 
  9.23  supervision of the school or child care facility, a statement 
  9.24  from a physician or a public clinic which provides immunizations 
  9.25  an immunization provider that the person has completed the 
  9.26  primary schedule of immunizations for diphtheria, tetanus, 
  9.27  pertussis, polio, and hepatitis B.  The statement must include 
  9.28  the month, day, and year of each additional immunization 
  9.29  received.  For a child less than seven years of age, a primary 
  9.30  schedule of immunizations shall consist of four doses of vaccine 
  9.31  for diphtheria, tetanus, and pertussis and three doses of 
  9.32  vaccine for poliomyelitis and hepatitis B.  For a child seven 
  9.33  years of age or older, a primary schedule of immunizations shall 
  9.34  consist of three doses of vaccine for diphtheria, tetanus, 
  9.35  polio, and hepatitis B as specified in subdivision 10. 
  9.36     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
 10.1   is at least seven years old and has not been immunized against 
 10.2   pertussis, the person must not be required to be immunized 
 10.3   against pertussis. 
 10.4      (b) If a person is at least 18 years old and has not 
 10.5   completed a series of immunizations against poliomyelitis, the 
 10.6   person must not be required to be immunized against 
 10.7   poliomyelitis.  
 10.8      (c) If a statement, signed by a physician, is submitted to 
 10.9   the administrator or other person having general control and 
 10.10  supervision of the school or child care facility stating that an 
 10.11  immunization is contraindicated for medical reasons or that 
 10.12  laboratory confirmation of the presence of adequate immunity 
 10.13  exists, the immunization specified in the statement need not be 
 10.14  required.  
 10.15     (d) If a notarized statement signed by the minor child's 
 10.16  parent or guardian or by the emancipated person is submitted to 
 10.17  the administrator or other person having general control and 
 10.18  supervision of the school or child care facility stating that 
 10.19  the person has not been immunized as prescribed in subdivision 1 
 10.20  because of the conscientiously held beliefs of the parent or 
 10.21  guardian of the minor child or of the emancipated person, the 
 10.22  immunizations specified in the statement shall not be required.  
 10.23  This statement must also be forwarded to the commissioner of the 
 10.24  department of health.  
 10.25     (e) If the person is under 15 months, the person is not 
 10.26  required to be immunized against measles, rubella, or mumps. 
 10.27     (f) If a person is at least five years old and has not been 
 10.28  immunized against haemophilus influenza type b, the person is 
 10.29  not required to be immunized against haemophilus influenza type 
 10.30  b. 
 10.31     Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
 10.32  who is enrolling or enrolled in an elementary or secondary 
 10.33  school or child care facility may substitute a statement from 
 10.34  the emancipated person or a parent or guardian if the person is 
 10.35  a minor child in lieu of the statement from a physician or 
 10.36  public clinic which provides immunizations an immunization 
 11.1   provider.  If the statement is from a parent or guardian or 
 11.2   emancipated person, the statement must indicate the month and 
 11.3   year of each immunization given. 
 11.4      (b) In order for the statement to be acceptable for a 
 11.5   person who is enrolling in an elementary school and who is six 
 11.6   years of age or younger, it must indicate that the following was 
 11.7   given:  no less than one dose of vaccine each for measles, 
 11.8   mumps, and rubella given separately or in combination; no less 
 11.9   than four doses of vaccine for poliomyelitis, unless the third 
 11.10  dose was given after the fourth birthday, then three doses are 
 11.11  minimum; no less than five doses of vaccine for diphtheria, 
 11.12  tetanus, and pertussis, unless the fourth dose was given after 
 11.13  the fourth birthday, then four doses are minimum; and no less 
 11.14  than three doses of vaccine for hepatitis B as specified in 
 11.15  subdivision 10.  
 11.16     (c) In order for the statement to be consistent with 
 11.17  subdivision 10 and acceptable for a person who is enrolling in 
 11.18  an elementary or secondary school and is age seven through age 
 11.19  19, the statement must indicate that the person has received no 
 11.20  less than one dose of vaccine each for measles, mumps, and 
 11.21  rubella given separately or in combination, and no less than 
 11.22  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
 11.23  and hepatitis B.  
 11.24     (d) In order for the statement to be acceptable for a 
 11.25  person who is enrolling in a secondary school, and who was born 
 11.26  after 1956 and is 20 years of age or older, the statement must 
 11.27  indicate that the person has received no less than one dose of 
 11.28  vaccine each for measles, mumps, and rubella given separately or 
 11.29  in combination, and no less than one dose of vaccine for 
 11.30  diphtheria and tetanus within the preceding ten years. 
 11.31     (e) In order for the statement to be acceptable for a 
 11.32  person who is enrolling in a child care facility and who is at 
 11.33  least 15 months old but who has not reached five years of age, 
 11.34  it must indicate that the following were given:  no less than 
 11.35  one dose of vaccine each for measles, mumps, and rubella given 
 11.36  separately or in combination; no less than one dose of vaccine 
 12.1   for haemophilus influenza type b; no less than four doses of 
 12.2   vaccine for diphtheria, tetanus, and pertussis; and no less than 
 12.3   three doses of vaccine for poliomyelitis. 
 12.4      (f) In order for the statement to be acceptable for a 
 12.5   person who is enrolling in a child care facility and who is five 
 12.6   or six years of age, it must indicate that the following was 
 12.7   given:  no less than one dose of vaccine each for measles, 
 12.8   mumps, and rubella given separately or in combination; no less 
 12.9   than four doses of vaccine for diphtheria, tetanus, and 
 12.10  pertussis; and no less than three doses of vaccine for 
 12.11  poliomyelitis. 
 12.12     (g) In order for the statement to be acceptable for a 
 12.13  person who is enrolling in a child care facility and who is 
 12.14  seven years of age or older, the statement must indicate that 
 12.15  the person has received no less than one dose of vaccine each 
 12.16  for measles, mumps, and rubella given separately or in 
 12.17  combination and consistent with subdivision 10, and no less than 
 12.18  three doses of vaccine for poliomyelitis, diphtheria, and 
 12.19  tetanus.  
 12.20     (h) The commissioner of health, on finding that any of the 
 12.21  above requirements are not necessary to protect the public's 
 12.22  health, may suspend for one year that requirement.  
 12.23     Subd. 5.  [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 
 12.24  person transfers from one elementary or secondary school to 
 12.25  another, the school board of a public school district or the 
 12.26  administrator of a nonpublic school may allow the person up to a 
 12.27  maximum of 30 days to submit one or more of the statements as 
 12.28  specified in subdivision 1 or 3, during which time the person 
 12.29  may enroll in and attend the school.  If a person enrolls in a 
 12.30  child care facility in which at least 75 percent of children in 
 12.31  the facility participate on a one-time only or occasional basis 
 12.32  to a maximum of 45 hours per child, per month, or is placed in a 
 12.33  facility by a crisis nursery, the person shall be exempt from 
 12.34  all requirements of this section for up to five consecutive 
 12.35  days, starting from the first day of attendance. 
 12.36     Subd. 6.  [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 
 13.1   commissioner of health, on finding that an immunization required 
 13.2   pursuant to this section is not necessary to protect the 
 13.3   public's health, may suspend for one year the requirement that 
 13.4   children receive that immunization. 
 13.5      Subd. 7.  [FILE ON IMMUNIZATION RECORDS.] Each school or 
 13.6   child care facility shall maintain on file immunization records 
 13.7   for all persons in attendance that contain the information 
 13.8   required by subdivisions 1, 2, and 3.  The school shall maintain 
 13.9   the records for at least five years after the person attains the 
 13.10  age of majority.  The department of health and the board of 
 13.11  health, as defined in section 145A.02, subdivision 2, in whose 
 13.12  jurisdiction the school or child care facility is located, shall 
 13.13  have access to the files maintained pursuant to this 
 13.14  subdivision.  When a person transfers to another elementary or 
 13.15  secondary school or child care facility, the administrator or 
 13.16  other person having general control and supervision of the 
 13.17  school or child care facility shall assist the person's parent 
 13.18  or guardian in the transfer of the immunization file to the 
 13.19  person's new school or child care facility within 30 days of the 
 13.20  transfer.  Upon the request of a public or private 
 13.21  post-secondary educational institution, as defined in section 
 13.22  135A.14, the administrator or other person having general 
 13.23  control or supervision of a school shall assist in the transfer 
 13.24  of a student's immunization file to the post-secondary 
 13.25  institution. 
 13.26     Subd. 8.  [REPORT.] The administrator or other person 
 13.27  having general control and supervision of the elementary or 
 13.28  secondary school shall file a report with the commissioner on 
 13.29  all persons enrolled in the school.  The superintendent of each 
 13.30  district shall file a report with the commissioner for all 
 13.31  persons within the district receiving instruction in a home 
 13.32  school in compliance with sections 120A.22 and 120A.24.  The 
 13.33  parent of persons receiving instruction in a home school shall 
 13.34  submit the statements as required by subdivisions 1, 2, 3, and 4 
 13.35  to the superintendent of the district in which the person 
 13.36  resides by October 1 of each school year.  The school report 
 14.1   must be prepared on forms developed jointly by the commissioner 
 14.2   of health and the commissioner of children, families, and 
 14.3   learning and be distributed to the local districts by the 
 14.4   commissioner of health.  The school report must state the number 
 14.5   of persons attending the school, the number of persons who have 
 14.6   not been immunized according to subdivision 1 or 2, and the 
 14.7   number of persons who received an exemption under subdivision 3, 
 14.8   clause (c) or (d).  The school report must be filed with the 
 14.9   commissioner of children, families, and learning within 60 days 
 14.10  of the commencement of each new school term.  Upon request, a 
 14.11  district must be given a 60-day extension for filing the school 
 14.12  report.  The commissioner of children, families, and learning 
 14.13  shall forward the report, or a copy thereof, to the commissioner 
 14.14  of health who shall provide summary reports to boards of health 
 14.15  as defined in section 145A.02, subdivision 2.  The administrator 
 14.16  or other person having general control and supervision of the 
 14.17  child care facility shall file a report with the commissioner of 
 14.18  human services on all persons enrolled in the child care 
 14.19  facility.  The child care facility report must be prepared on 
 14.20  forms developed jointly by the commissioner of health and the 
 14.21  commissioner of human services and be distributed to child care 
 14.22  facilities by the commissioner of health.  The child care 
 14.23  facility report must state the number of persons enrolled in the 
 14.24  facility, the number of persons with no immunizations, the 
 14.25  number of persons who received an exemption under subdivision 3, 
 14.26  clause (c) or (d), and the number of persons with partial or 
 14.27  full immunization histories.  The child care facility report 
 14.28  must be filed with the commissioner of human services by 
 14.29  November 1 of each year.  The commissioner of human services 
 14.30  shall forward the report, or a copy thereof, to the commissioner 
 14.31  of health who shall provide summary reports to boards of health 
 14.32  as defined in section 145A.02, subdivision 2.  The report 
 14.33  required by this subdivision is not required of a family child 
 14.34  care or group family child care facility, for prekindergarten 
 14.35  children enrolled in any elementary or secondary school provided 
 14.36  services according to sections 125A.05 and 125A.06, nor for 
 15.1   child care facilities in which at least 75 percent of children 
 15.2   in the facility participate on a one-time only or occasional 
 15.3   basis to a maximum of 45 hours per child, per month.  
 15.4      Subd. 9.  [DEFINITIONS.] As used in this section the 
 15.5   following terms have the meanings given them. 
 15.6      (a) "Elementary or secondary school" includes any public 
 15.7   school as defined in section 120A.05, subdivisions 9, 11, 13, 
 15.8   and 17, or nonpublic school, church, or religious organization, 
 15.9   or home school in which a child is provided instruction in 
 15.10  compliance with sections 120A.22 and 120A.24. 
 15.11     (b) "Person enrolled in any elementary or secondary school" 
 15.12  means a person born after 1956 and enrolled in grades 
 15.13  kindergarten through 12, and a child with a disability receiving 
 15.14  special instruction and services as required in sections section 
 15.15  125A.03 to 125A.24 and 125A.65, excluding a child being provided 
 15.16  services according to section 125A.05, paragraph (c), or 
 15.17  125A.06, paragraph (d) subdivisions 3 and 7. 
 15.18     (c) "Child care facility" includes those child care 
 15.19  programs subject to licensure under chapter 245A, and Minnesota 
 15.20  Rules, chapters 9502 and 9503. 
 15.21     (d) "Family child care" means child care for no more than 
 15.22  ten children at one time of which no more than six are under 
 15.23  school age.  The licensed capacity must include all children of 
 15.24  any caregiver when the children are present in the residence. 
 15.25     (e) "Group family child care" means child care for no more 
 15.26  than 14 children at any one time.  The total number of children 
 15.27  includes all children of any caregiver when the children are 
 15.28  present in the residence.  
 15.29     (f) "Administrator" means any individual having general 
 15.30  control and supervision of a school or child care facility. 
 15.31     (g) "Immunization provider" means any physician, health 
 15.32  care provider, or public clinic that provides immunizations. 
 15.33     Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 
 15.34  statement required to be submitted under subdivisions 1, 2, and 
 15.35  4 to document evidence of immunization shall include month, day, 
 15.36  and year for immunizations administered after January 1, 1990.  
 16.1      (a) For persons enrolled in grades 7 and 12 during the 
 16.2   1996-1997 school term, the statement must indicate that the 
 16.3   person has received a dose of tetanus and diphtheria toxoid no 
 16.4   earlier than 11 years of age. 
 16.5      (b) Except as specified in paragraph (e), for persons 
 16.6   enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 16.7   term, the statement must indicate that the person has received a 
 16.8   dose of tetanus and diphtheria toxoid no earlier than 11 years 
 16.9   of age.  
 16.10     (c) Except as specified in paragraph (e) (c), for persons 
 16.11  enrolled in grades 7 through 12 secondary school during the 
 16.12  1998-1999 school term and for each year thereafter, the 
 16.13  statement must indicate that the person has received a dose of 
 16.14  tetanus and diphtheria toxoid no earlier than 11 years of age.  
 16.15     (d) (b) For persons enrolled in grades 7 through 12 during 
 16.16  the 1996-1997 school year and for each year thereafter, the 
 16.17  statement must indicate that the person has received at least 
 16.18  two doses of vaccine against measles, mumps, and rubella, given 
 16.19  alone or separately and given not less than one month apart. 
 16.20     (e) (c) A person who has received at least three doses of 
 16.21  tetanus and diphtheria toxoids, with the most recent dose given 
 16.22  after age six and before age 11, is not required to have 
 16.23  additional immunization against diphtheria and tetanus until ten 
 16.24  years have elapsed from the person's most recent dose of tetanus 
 16.25  and diphtheria toxoid. 
 16.26     (f) (d) The requirement for hepatitis B vaccination shall 
 16.27  apply to persons enrolling in kindergarten beginning with the 
 16.28  2000-2001 school term. 
 16.29     (g) (e) The requirement for hepatitis B vaccination shall 
 16.30  apply to persons enrolling in grade 7 beginning with the 
 16.31  2001-2002 school term. 
 16.32     Subd. 11.  [COMMISSIONER OF HUMAN SERVICES; CONTINUED 
 16.33  RESPONSIBILITIES.] Nothing in this section relieves the 
 16.34  commissioner of human services of the responsibility, under 
 16.35  chapter 245A, to inspect and assure that statements required by 
 16.36  this section are on file at child care programs subject to 
 17.1   licensure. 
 17.2      Sec. 4.  Minnesota Statutes 1998, section 121A.23, 
 17.3   subdivision 1, is amended to read: 
 17.4      Subdivision 1.  [AIDS PROGRAM.] Each district must have a 
 17.5   program to prevent and reduce the risk of acquired immune 
 17.6   deficiency syndrome (AIDS).  The commissioner of children, 
 17.7   families, and learning, in consultation with the commissioner of 
 17.8   health, shall assist districts in developing and implementing 
 17.9   develop a model program to prevent and reduce the risk of 
 17.10  acquired immune deficiency syndrome.  Each district must have a 
 17.11  program that includes at least: 
 17.12     (1) planning materials, guidelines, and other technically 
 17.13  accurate and updated information; 
 17.14     (2) a comprehensive, technically accurate, and updated 
 17.15  curriculum; 
 17.16     (3) cooperation and coordination among districts and SCs; 
 17.17     (4) a targeting of adolescents, especially those who may be 
 17.18  at high risk of contracting AIDS, for prevention efforts; 
 17.19     (5) involvement of parents and other community members; 
 17.20     (6) in-service training for appropriate district staff and 
 17.21  school board members; 
 17.22     (7) collaboration with state agencies and organizations 
 17.23  having an AIDS prevention or AIDS risk reduction program; 
 17.24     (8) collaboration with local community health services, 
 17.25  agencies and organizations having an AIDS prevention or AIDS 
 17.26  risk reduction program; and 
 17.27     (9) participation by state and local student organizations. 
 17.28     The department may provide assistance at a neutral site to 
 17.29  a nonpublic school participating in a district's program.  
 17.30  District programs must not conflict with the health and wellness 
 17.31  curriculum developed under Laws 1987, chapter 398, article 5, 
 17.32  section 2, subdivision 7. 
 17.33     If a district fails to develop and implement a program to 
 17.34  prevent and reduce the risk of AIDS, the department must assist 
 17.35  the service cooperative in the region serving that district to 
 17.36  develop or implement the program. 
 18.1      Sec. 5.  Minnesota Statutes 1998, section 121A.26, is 
 18.2   amended to read: 
 18.3      121A.26 [SCHOOL PREASSESSMENT TEAMS.] 
 18.4      Every public school, and every nonpublic school that 
 18.5   participates in a school district chemical abuse program shall 
 18.6   establish a chemical abuse preassessment team.  The 
 18.7   preassessment team must be composed of classroom teachers, 
 18.8   administrators, and to the extent they exist in each school, 
 18.9   school nurse, school counselor or psychologist, social worker, 
 18.10  chemical abuse specialist, and other appropriate professional 
 18.11  staff.  The superintendents or their designees shall designate 
 18.12  the team members in the public schools.  The preassessment team 
 18.13  is responsible for addressing reports of chemical abuse problems 
 18.14  and making recommendations for appropriate responses to the 
 18.15  individual reported cases.  Districts shall adopt a process for 
 18.16  addressing reports of chemical abuse problems. 
 18.17     Within 45 days after receiving an individual reported case, 
 18.18  the preassessment team shall make a determination whether to 
 18.19  provide the student and, in the case of a minor, the student's 
 18.20  parents with information about school and community services in 
 18.21  connection with chemical abuse.  Data may be disclosed without 
 18.22  consent in health and safety emergencies pursuant to section 
 18.23  13.32 and applicable federal law and regulations.  
 18.24     Notwithstanding section 138.163, destruction of records 
 18.25  identifying individual students shall be governed by this 
 18.26  section.  If the preassessment team decides not to provide a 
 18.27  student and, in the case of a minor, the student's parents with 
 18.28  information about school or community services in connection 
 18.29  with chemical abuse, records created or maintained by the 
 18.30  preassessment team about the student shall be destroyed not 
 18.31  later than six months after the determination is made.  If the 
 18.32  preassessment team decides to provide a student and, in the case 
 18.33  of a minor, the student's parents with information about school 
 18.34  or community services in connection with chemical abuse, records 
 18.35  created or maintained by the preassessment team about the 
 18.36  student shall be destroyed not later than six months after the 
 19.1   student is no longer enrolled in the district. 
 19.2      Sec. 6.  Minnesota Statutes 1998, section 121A.27, is 
 19.3   amended to read: 
 19.4      121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 
 19.5      The superintendent, with the advice of the school board, 
 19.6   shall establish a school and community advisory team to address 
 19.7   chemical abuse problems in the district.  The school and 
 19.8   community advisory team must be composed of representatives from 
 19.9   the school preassessment team established in section 121A.26, to 
 19.10  the extent possible, law enforcement agencies, county attorney's 
 19.11  office, social service agencies, chemical abuse treatment 
 19.12  programs, parents, and the business community.  The community 
 19.13  advisory team shall: 
 19.14     (1) build awareness of the problem within the community, 
 19.15  identify available treatment and counseling programs for 
 19.16  students and develop good working relationships and enhance 
 19.17  communication between the schools and other community agencies; 
 19.18  and 
 19.19     (2) develop a written procedure clarifying the notification 
 19.20  process to be used by the chemical abuse preassessment team 
 19.21  established under section 121A.26 when a student is believed to 
 19.22  be in possession of or under the influence of alcohol or a 
 19.23  controlled substance.  The procedure must include contact with 
 19.24  the student, and the student's parents or guardian in the case 
 19.25  of a minor student.  
 19.26     Sec. 7.  Minnesota Statutes 1998, section 121A.28, is 
 19.27  amended to read: 
 19.28     121A.28 [LAW ENFORCEMENT RECORDS.] 
 19.29     A law enforcement agency shall provide notice of any drug 
 19.30  incident occurring within the agency's jurisdiction, in which 
 19.31  the agency has probable cause to believe a student violated 
 19.32  section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 
 19.33  152.097, or 340A.503, subdivision 1, 2, or 3.  The notice shall 
 19.34  be in writing and shall be provided, within two weeks after an 
 19.35  incident occurs, to the chemical abuse preassessment team in the 
 19.36  school where the student is enrolled. 
 20.1      Sec. 8.  Minnesota Statutes 1998, section 121A.29, 
 20.2   subdivision 1, is amended to read: 
 20.3      Subdivision 1.  [TEACHER'S DUTY.] A teacher in a nonpublic 
 20.4   school participating in a school district chemical use program, 
 20.5   or a public school teacher, who knows or has reason to believe 
 20.6   that a student is using, possessing, or transferring alcohol or 
 20.7   a controlled substance while on the school premises or involved 
 20.8   in school-related activities, shall immediately notify 
 20.9   the school's chemical abuse preassessment team school of this 
 20.10  information.  A teacher who complies with this section shall be 
 20.11  defended and indemnified under section 466.07, subdivision 1, in 
 20.12  any action for damages arising out of the compliance. 
 20.13     Sec. 9.  Minnesota Statutes 1998, section 121A.32, 
 20.14  subdivision 1, is amended to read: 
 20.15     Subdivision 1.  [REQUIREMENT TO WEAR EYE PROTECTIVE 
 20.16  DEVICES.] (a) As a condition of enrollment, every person student 
 20.17  shall wear industrial quality eye protective devices when 
 20.18  participating in, observing or performing any function in 
 20.19  connection with, any courses or activities taking place in eye 
 20.20  protection areas, as defined in subdivision 3, of any school, 
 20.21  college, university or other educational elementary or secondary 
 20.22  institution in the state.  
 20.23     (b) Industrial quality eye protective devices are defined 
 20.24  as those meeting the standards of the American National 
 20.25  Standards Institute, currently identified as ANSI 287.1-1968. 
 20.26     (c) Any student failing to comply with this requirement may 
 20.27  be temporarily suspended from participation in that activity.  
 20.28  Repeated failure to comply with this requirement shall result in 
 20.29  cancellation of the student from the activity or course. 
 20.30     Sec. 10.  Minnesota Statutes 1998, section 121A.34, is 
 20.31  amended to read: 
 20.32     121A.34 [SCHOOL SAFETY PATROLS.] 
 20.33     Subdivision 1.  [ESTABLISHMENT.] In the exercise of 
 20.34  authorized control and supervision over pupils attending schools 
 20.35  and other educational institutions, both public and private, The 
 20.36  governing board or other directing authority of any such school 
 21.1   or institution is empowered to authorize the organization and 
 21.2   supervision of school safety patrols for the purpose of 
 21.3   influencing and encouraging other pupils to refrain from 
 21.4   crossing public highways at points other than regular crossings 
 21.5   and for the purpose of directing pupils when and where to cross 
 21.6   highways.  
 21.7      Subd. 2.  [APPOINTMENT OF MEMBERS.] Unless the parents or 
 21.8   guardian of a pupil object in writing to the school authorities 
 21.9   to the appointment of the pupil on a school safety patrol, it is 
 21.10  lawful for any A pupil over nine years of age to old may be 
 21.11  appointed and designated as a member of to the patrol in any 
 21.12  school in which.  If there are no pupils who have attained such 
 21.13  age at least nine years old, then any pupil in the highest grade 
 21.14  therein may be so appointed and designated.  The pupil's parent 
 21.15  or guardian may object to the appointment in writing to school 
 21.16  authorities.  School authorities may also appoint and designate 
 21.17  nonpupil adults as members of a school safety patrol on a 
 21.18  voluntary or for-hire basis. 
 21.19     Subd. 3.  [LIABILITY NOT TO ATTACH.] No liability shall 
 21.20  attach either to the A school, educational institution, 
 21.21  governing board, directing authority, or any individual 
 21.22  director, board member, superintendent, principal, teacher, or 
 21.23  other school authority by virtue of the organization, 
 21.24  maintenance, or operation of such a school safety patrol shall 
 21.25  not be liable because of injuries sustained by any pupil, 
 21.26  whether a member of the patrol or otherwise by reason of due to 
 21.27  the operation and maintenance of the patrol.  
 21.28     Subd. 4.  [IDENTIFY, OPERATION.] Identification and 
 21.29  operation of school safety patrols shall be uniform throughout 
 21.30  the state and the method of identification and signals to be 
 21.31  used shall be as prescribed by the commissioner of public 
 21.32  safety.  School safety patrol members may wear fluorescent 
 21.33  reflective vests. 
 21.34     Sec. 11.  Minnesota Statutes 1998, section 121A.36, is 
 21.35  amended to read: 
 21.36     121A.36 [MOTORCYCLE VEHICLE SAFETY EDUCATION PROGRAM.] 
 22.1      Subdivision 1.  [ESTABLISHED; ADMINISTRATION; RULES.] A 
 22.2   motorcycle vehicle safety education program is established.  The 
 22.3   program shall be administered by the commissioners of public 
 22.4   safety and children, families, and learning.  The program shall 
 22.5   include but is not limited to training and coordination of 
 22.6   motorcycle vehicle safety instructors, motorcycle safety 
 22.7   promotion and public information, and reimbursement for the cost 
 22.8   of approved courses offered by schools and 
 22.9   organizations.  Vehicles include motorcycles, snowmobiles, and 
 22.10  personal watercraft. 
 22.11     Subd. 2.  [REIMBURSEMENTS.] The commissioner of children, 
 22.12  families, and learning, to the extent that funds are available, 
 22.13  may reimburse schools and other approved organizations offering 
 22.14  approved motorcycle vehicle safety education courses for up to 
 22.15  50 percent of the actual cost of the courses.  If sufficient 
 22.16  funds are not available, reimbursements shall be prorated.  The 
 22.17  commissioner may conduct audits and otherwise examine the 
 22.18  records and accounts of schools and approved organizations 
 22.19  offering the courses to insure the accuracy of the costs.  
 22.20     Subd. 3.  [APPROPRIATION.] (a) All funds in the motorcycle 
 22.21  safety fund created by section 171.06, subdivision 2a, are 
 22.22  hereby annually appropriated to the commissioner of public 
 22.23  safety to carry out the purposes of subdivisions 1 and 2.  The 
 22.24  motorcycle safety fund must collect fees from personal 
 22.25  watercraft and snowmobile licenses.  The commissioner of public 
 22.26  safety may make grants from the fund to the commissioner of 
 22.27  children, families, and learning at such times and in such 
 22.28  amounts as the commissioner deems necessary to carry out the 
 22.29  purposes of subdivisions 1 and 2.  
 22.30     (b) Of the money appropriated under paragraph (a): 
 22.31     (1) In each of fiscal years 1997, 1998, and fiscal year 
 22.32  1999, not more than $25,000, and in subsequent years not more 
 22.33  than five percent, shall be expended to defray the 
 22.34  administrative costs of carrying out the purposes of 
 22.35  subdivisions 1 and 2. 
 22.36     (2) In each of fiscal years 1997, 1998, and fiscal year 
 23.1   1999, not more than 65 percent, and in subsequent years not more 
 23.2   than 60 percent, shall be expended for the combined purpose of 
 23.3   training and coordinating the activities of motorcycle vehicle 
 23.4   safety instructors and making reimbursements to schools and 
 23.5   other approved organizations. 
 23.6      Sec. 12.  Minnesota Statutes 1998, section 121A.55, is 
 23.7   amended to read: 
 23.8      121A.55 [POLICIES TO BE ESTABLISHED.] 
 23.9      (a) The commissioner of children, families, and learning 
 23.10  shall promulgate guidelines to assist each school board.  Each 
 23.11  school board shall establish uniform criteria for dismissal and 
 23.12  adopt written policies and rules to effectuate the purposes of 
 23.13  sections 121A.40 to 121A.56.  The policies shall emphasize 
 23.14  preventing dismissals through early detection of problems and 
 23.15  shall be designed to address students' inappropriate behavior 
 23.16  from recurring.  The policies shall recognize the continuing 
 23.17  responsibility of the school for the education of the pupil 
 23.18  during the dismissal period.  The alternative educational 
 23.19  services, if the pupil wishes to take advantage of them, must be 
 23.20  adequate to allow the pupil to make progress towards meeting the 
 23.21  graduation standards adopted under section 120B.02 and help 
 23.22  prepare the pupil for readmission.  
 23.23     (b) An area learning center under section 123A.05 may not 
 23.24  prohibit an expelled or excluded pupil from enrolling solely 
 23.25  because a district expelled or excluded the pupil.  The board of 
 23.26  the area learning center may use the provisions of the Pupil 
 23.27  Fair Dismissal Act to exclude a pupil or to require an admission 
 23.28  plan. 
 23.29     (c) The commissioner shall actively encourage and assist 
 23.30  school districts to cooperatively establish alternative 
 23.31  educational services within school buildings or at alternative 
 23.32  program sites that offer instruction to pupils who are dismissed 
 23.33  from school for willfully engaging in dangerous, disruptive, or 
 23.34  violent behavior, including for possessing a firearm in a school 
 23.35  zone. 
 23.36     Sec. 13.  Minnesota Statutes 1998, section 121A.69, 
 24.1   subdivision 3, is amended to read: 
 24.2      Subd. 3.  [SCHOOL BOARD POLICY.] Each school board shall 
 24.3   adopt a written policy governing student or staff hazing.  The 
 24.4   policy must apply to student behavior that occurs on or off 
 24.5   school property and during and after school hours.  The policy 
 24.6   must include reporting procedures and disciplinary consequences 
 24.7   for violating the policy.  Disciplinary consequences must be 
 24.8   sufficiently severe to deter violations and appropriately 
 24.9   discipline prohibited behavior.  Disciplinary consequences must 
 24.10  conform with sections 121A.41 to 121A.56.  Each school must 
 24.11  include the policy in the student handbook on school policies. 
 24.12     Sec. 14.  [REPEALER.] 
 24.13     Minnesota Statutes 1998, sections 121A.03, subdivision 3; 
 24.14  121A.04, subdivisions 1, 3, and 4; 121A.11, subdivision 2; 
 24.15  121A.16; 121A.23, subdivision 2; 121A.32, subdivisions 2, 4, and 
 24.16  5; and 121A.41, subdivision 3, are repealed. 
 24.17                             ARTICLE 4 
 24.18                    TEACHERS AND OTHER EDUCATORS 
 24.19     Section 1.  Minnesota Statutes 1998, section 122A.09, 
 24.20  subdivision 6, is amended to read: 
 24.21     Subd. 6.  [REGISTER OF PERSONS LICENSED.] The executive 
 24.22  secretary of the board of teaching shall keep a record of the 
 24.23  proceedings of and a register of all persons licensed pursuant 
 24.24  to the provisions of this chapter.  The register must show the 
 24.25  name, address, license number and the renewal of the license.  
 24.26  The board must on July 1, of each year or as soon thereafter as 
 24.27  is practicable, compile a list of such duly licensed teachers 
 24.28  and transmit a copy of the list to the board.  A copy of the 
 24.29  register must be available during business hours at the office 
 24.30  of the board to any interested person.  
 24.31     Sec. 2.  Minnesota Statutes 1998, section 122A.15, is 
 24.32  amended to read: 
 24.33     122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 
 24.34  DEFINITIONS, LICENSURE.] 
 24.35     Subdivision 1.  [TEACHERS.] The term "teachers" for the 
 24.36  purpose of licensure, means all persons employed in a public 
 25.1   school or education district or by a service cooperative as 
 25.2   members of the instructional, supervisory, and support staff 
 25.3   including superintendents, principals, supervisors, secondary 
 25.4   vocational and other classroom teachers, librarians, counselors, 
 25.5   school psychologists, school nurses, school social workers, 
 25.6   audio-visual directors and coordinators, recreation personnel, 
 25.7   media generalists, media supervisors, and speech therapists 
 25.8   educational speech-language pathologists.  
 25.9      Subd. 2.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
 25.10  for the purpose of licensure means superintendents, principals, 
 25.11  and professional employees who devote 50 percent or more of 
 25.12  their time to administrative or supervisory duties over other 
 25.13  personnel, and includes athletic coaches.  
 25.14     Sec. 3.  Minnesota Statutes 1998, section 122A.22, is 
 25.15  amended to read: 
 25.16     122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 
 25.17     No person shall be accounted a qualified teacher until the 
 25.18  person has filed for record with the district superintendent 
 25.19  where the person intends to teach a license, or certified copy 
 25.20  of a license, authorizing the person to teach school in the 
 25.21  district school system. 
 25.22     Sec. 4.  Minnesota Statutes 1998, section 122A.40, 
 25.23  subdivision 3, is amended to read: 
 25.24     Subd. 3.  [HIRING, DISMISSING.] School boards must hire or 
 25.25  dismiss teachers at duly appropriately called meetings.  Where a 
 25.26  husband and wife, brother and sister, or two brothers or 
 25.27  sisters, constitute a quorum, no contract employing a teacher 
 25.28  shall be made or authorized except upon the unanimous vote of 
 25.29  the full board.  A teacher related by blood or marriage, within 
 25.30  the fourth degree, computed by the civil law, to a board member 
 25.31  shall not be employed except by a unanimous vote of the full 
 25.32  board.  The initial employment of the teacher in the district 
 25.33  must be by written contract, signed by the teacher and by the 
 25.34  chair and clerk.  All subsequent employment of the teacher in 
 25.35  the district must be by written contract, signed by the teacher 
 25.36  and by the chair and clerk, except where there is a master 
 26.1   agreement covering the employment of the teacher.  Contracts for 
 26.2   teaching or supervision of teaching can be made only with 
 26.3   qualified teachers.  A teacher shall not be required to reside 
 26.4   within the employing district as a condition to teaching 
 26.5   employment or continued teaching employment.  
 26.6      Sec. 5.  Minnesota Statutes 1998, section 122A.40, 
 26.7   subdivision 5, is amended to read: 
 26.8      Subd. 5.  [PROBATIONARY PERIOD.] The first three 
 26.9   consecutive years of a teacher's first teaching experience in 
 26.10  Minnesota in a single district is deemed to be a probationary 
 26.11  period of employment, and after completion thereof, the 
 26.12  probationary period in each district in which the teacher is 
 26.13  thereafter employed shall be one year.  The school board must 
 26.14  adopt a plan for written evaluation of teachers during the 
 26.15  probationary period.  Evaluation must occur at least three times 
 26.16  each year for a teacher performing services on 120 or more 
 26.17  school days, at least two times each year for a teacher 
 26.18  performing services on 60 to 119 school days, and at least one 
 26.19  time each year for a teacher performing services on fewer than 
 26.20  60 school days.  Days devoted to parent-teacher conferences, 
 26.21  teachers' workshops, and other staff development opportunities 
 26.22  and days on which a teacher is absent from school must not be 
 26.23  included in determining the number of school days on which a 
 26.24  teacher performs services.  During the probationary period any 
 26.25  annual contract with any teacher may or may not be renewed as 
 26.26  the school board shall see fit.  However, The board must give 
 26.27  any such probationary teacher whose contract it declines to 
 26.28  renew for the following school year written notice to that 
 26.29  effect before June 1.  If the teacher requests reasons for any 
 26.30  nonrenewal of a teaching contract, the board must give the 
 26.31  teacher its reason in writing, including a statement that 
 26.32  appropriate supervision was furnished describing the nature and 
 26.33  the extent of such supervision furnished the teacher during the 
 26.34  employment by the board, within ten days after receiving such 
 26.35  request.  The school board may, after a hearing held upon due 
 26.36  notice, discharge a teacher during the probationary period for 
 27.1   cause, effective immediately, under section 122A.44.  
 27.2      Sec. 6.  Minnesota Statutes 1998, section 122A.40, 
 27.3   subdivision 8, is amended to read: 
 27.4      Subd. 8.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
 27.5   school board and an exclusive representative of the teachers in 
 27.6   the district shall develop a peer review process for continuing 
 27.7   contract teachers and probationary teachers through joint 
 27.8   agreement. 
 27.9      Sec. 7.  Minnesota Statutes 1998, section 122A.40, 
 27.10  subdivision 9, is amended to read: 
 27.11     Subd. 9.  [GROUNDS FOR TERMINATION CONTRACT NONRENEWAL.] A 
 27.12  continuing contract may be terminated, effective at the close of 
 27.13  the school year, upon any of the following grounds: 
 27.14     (a) Inefficiency; 
 27.15     (b) Neglect of duty, or persistent violation of school 
 27.16  laws, rules, regulations, or directives; 
 27.17     (c) Conduct unbecoming a teacher which materially impairs 
 27.18  the teacher's educational effectiveness; 
 27.19     (d) Other good and sufficient grounds rendering the teacher 
 27.20  unfit to perform the teacher's duties. 
 27.21     A contract must not be terminated upon one of the grounds 
 27.22  specified in clause (a), (b), (c), or (d), unless the teacher 
 27.23  fails to correct the deficiency after being given written notice 
 27.24  of the specific items of complaint and reasonable time within 
 27.25  which to remedy them.  
 27.26     Sec. 8.  Minnesota Statutes 1998, section 122A.40, 
 27.27  subdivision 10, is amended to read: 
 27.28     Subd. 10.  [NEGOTIATED UNREQUESTED LEAVE OF ABSENCE.] The 
 27.29  school board and the exclusive bargaining representative of the 
 27.30  teachers may must negotiate a plan providing for unrequested 
 27.31  leave of absence without pay or fringe benefits for as many 
 27.32  teachers as may be necessary because of discontinuance of 
 27.33  position, lack of pupils, financial limitations, or merger of 
 27.34  classes caused by consolidation of districts.  Failing to 
 27.35  successfully negotiate such a plan, the provisions of 
 27.36  subdivision 11 shall apply.  The negotiated plan must not 
 28.1   include provisions which would result in the exercise of 
 28.2   seniority by a teacher holding a provisional license, other than 
 28.3   a vocational education license, contrary to the provisions of 
 28.4   subdivision 11, clause (c), or the reinstatement of a teacher 
 28.5   holding a provisional license, other than a vocational education 
 28.6   license, contrary to the provisions of subdivision 11, clause 
 28.7   (e).  The provisions of section 179A.16 do not apply for the 
 28.8   purposes of this subdivision. 
 28.9      Sec. 9.  Minnesota Statutes 1998, section 122A.40, 
 28.10  subdivision 12, is amended to read: 
 28.11     Subd. 12.  [SUSPENSION AND LEAVE OF ABSENCE FOR HEALTH 
 28.12  REASONS.] Affliction with active tuberculosis or other 
 28.13  communicable disease, mental illness, drug or alcoholic 
 28.14  addiction, or other serious incapacity shall be grounds for 
 28.15  temporary suspension and leave of absence while the teacher is 
 28.16  suffering from such disability.  Unless the teacher consents, 
 28.17  such action must be taken only upon evidence that suspension is 
 28.18  required from a physician who has examined the teacher.  The 
 28.19  physician must be competent in the field involved and must be 
 28.20  selected by the teacher from a list of three provided by the 
 28.21  school board, and the examination must be at the expense of the 
 28.22  school district.  A copy of the report of the physician shall be 
 28.23  furnished the teacher upon request.  If the teacher fails to 
 28.24  submit to the examination within the prescribed time, the board 
 28.25  may discharge the teacher, effective immediately.  In the event 
 28.26  of mental illness, if the teacher submits to such an examination 
 28.27  and the examining physician's or psychiatrist's statement is 
 28.28  unacceptable to the teacher or the board, a panel of three 
 28.29  physicians or psychiatrists must be selected to examine the 
 28.30  teacher at the board's expense.  The board and the teacher shall 
 28.31  each select a member of this panel, and these two members shall 
 28.32  select a third member.  The panel must examine the teacher and 
 28.33  submit a statement of its findings and conclusions to the 
 28.34  board.  Upon receipt and consideration of the statement from the 
 28.35  panel the board may suspend the teacher.  The board must notify 
 28.36  the teacher in writing of such suspension and the reasons 
 29.1   therefor.  During the leave of absence, the district must pay 
 29.2   the teacher sick leave benefits up to the amount of unused 
 29.3   accumulated sick leave, and after it is exhausted, the district 
 29.4   may in its discretion pay additional benefits.  The teacher must 
 29.5   be reinstated to the teacher's position upon evidence from such 
 29.6   a physician of sufficient recovery to be capable of resuming 
 29.7   performance of duties in a proper manner.  In the event that the 
 29.8   teacher does not qualify for reinstatement within 12 months 
 29.9   after the date of suspension, the continuing disability may be a 
 29.10  ground for discharge under subdivision 13.  
 29.11     Sec. 10.  Minnesota Statutes 1998, section 122A.40, 
 29.12  subdivision 13, is amended to read: 
 29.13     Subd. 13.  [IMMEDIATE DISCHARGE.] A board may discharge a 
 29.14  continuing-contract teacher, effective immediately, upon any of 
 29.15  the following grounds: 
 29.16     (a) Immoral conduct, insubordination, or conviction of a 
 29.17  felony; 
 29.18     (b) Conduct unbecoming a teacher which requires the 
 29.19  immediate removal of the teacher from classroom or other duties; 
 29.20     (c) Failure without justifiable cause to teach without 
 29.21  first securing the written release of the school board; 
 29.22     (d) Gross inefficiency which the teacher has failed to 
 29.23  correct after reasonable written notice; 
 29.24     (e) Willful neglect of duty; or 
 29.25     (f) Continuing physical or mental disability subsequent to 
 29.26  a 12 months leave of absence and inability to qualify for 
 29.27  reinstatement in accordance with subdivision 12. 
 29.28     For purposes of this subdivision, conduct unbecoming a 
 29.29  teacher includes an unfair discriminatory practice described in 
 29.30  section 363.03, subdivision 5. 
 29.31     Prior to discharging a teacher the board must notify the 
 29.32  teacher in writing and state its ground for the proposed 
 29.33  discharge in reasonable detail.  Within ten days after receipt 
 29.34  of this notification the teacher may make a written request for 
 29.35  a hearing before the board and it shall be granted before final 
 29.36  action is taken.  The board may, however, suspend a teacher with 
 30.1   pay pending the conclusion of such hearing and determination of 
 30.2   the issues raised in the hearing after charges have been filed 
 30.3   which constitute ground for discharge.  
 30.4      Sec. 11.  Minnesota Statutes 1998, section 122A.40, 
 30.5   subdivision 14, is amended to read: 
 30.6      Subd. 14.  [HEARING PROCEDURES.] Unless the school board 
 30.7   and the exclusive representative of the teachers in the district 
 30.8   agree otherwise, any hearing held pursuant to this section must 
 30.9   be held upon appropriate and timely notice to the teacher, and 
 30.10  any hearing held pursuant to subdivision 9 or 13 must be private 
 30.11  or public at the discretion of the teacher.  A hearing held 
 30.12  pursuant to subdivision 11 must be public and may be 
 30.13  consolidated by the school board.  At the hearing, the board and 
 30.14  the teacher may each be represented by counsel at each party's 
 30.15  own expense, and such counsel may examine and cross-examine 
 30.16  witnesses and present arguments.  The board must first present 
 30.17  evidence to sustain the grounds for termination or discharge and 
 30.18  then receive evidence presented by the teacher.  Each party may 
 30.19  then present rebuttal evidence.  Dismissal of the teacher must 
 30.20  be based upon substantial and competent evidence in the record.  
 30.21  All witnesses shall be sworn upon oath administered by the 
 30.22  presiding officer of the board.  The clerk of the board shall 
 30.23  issue subpoenas for witnesses or the production of records 
 30.24  pertinent to the grounds upon the request of either the board or 
 30.25  the teacher.  The board must employ a court reporter to record 
 30.26  the proceedings at the hearing, and either party may obtain a 
 30.27  transcript of the hearing at its own expense.  
 30.28     Sec. 12.  Minnesota Statutes 1998, section 122A.40, 
 30.29  subdivision 19, is amended to read: 
 30.30     Subd. 19.  [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 
 30.31  EXPUNGEMENT.] All evaluations and files generated within a 
 30.32  school district relating to each individual teacher must be 
 30.33  available to each individual teacher upon written request.  
 30.34  Effective January 1, 1976, all evaluations and files, wherever 
 30.35  generated, relating to each individual teacher must be available 
 30.36  to each individual teacher upon written request.  The teacher 
 31.1   shall have the right to reproduce any of the contents of the 
 31.2   files at the teacher's expense and to submit for inclusion in 
 31.3   the file written information in response to any material 
 31.4   contained therein. 
 31.5      A district may destroy the files as provided by law and 
 31.6   must expunge from the teacher's file any material found to be 
 31.7   false or inaccurate through the grievance procedure required 
 31.8   pursuant to section 179A.20, subdivision 4.  The grievance 
 31.9   procedure promulgated by the director of the bureau of mediation 
 31.10  services, pursuant to section 179A.04, subdivision 3, clause 
 31.11  (h), applies to those principals and supervisory employees not 
 31.12  included in an appropriate unit as defined in section 179A.03.  
 31.13  Expungement proceedings must be commenced within the time period 
 31.14  provided in the collective bargaining agreement for the 
 31.15  commencement of a grievance.  If no time period is provided in 
 31.16  the bargaining agreement, the expungement proceedings must 
 31.17  commence within 15 days after the teacher has knowledge of the 
 31.18  inclusion in the teacher's file of the material the teacher 
 31.19  seeks to have expunged.  
 31.20     Sec. 13.  Minnesota Statutes 1998, section 122A.41, 
 31.21  subdivision 15, is amended to read: 
 31.22     Subd. 15.  [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 
 31.23  EXPUNGEMENT.] All evaluations and files generated within a 
 31.24  district relating to each individual teacher must be available 
 31.25  to each individual teacher upon the teacher's written request.  
 31.26  Effective January 1, 1976, all evaluations and files, wherever 
 31.27  generated, relating to each individual teacher must be available 
 31.28  to each individual teacher upon the teacher's written request.  
 31.29  The teacher has the right to reproduce any of the contents of 
 31.30  the files at the teacher's expense and to submit for inclusion 
 31.31  in the file written information in response to any material 
 31.32  contained therein. 
 31.33     A district may destroy the files as provided by law and 
 31.34  must expunge from the teacher's file any material found to be 
 31.35  false or substantially inaccurate through the grievance 
 31.36  procedure required pursuant to section 179A.20, subdivision 4.  
 32.1   The grievance procedure promulgated by the director of the 
 32.2   bureau of mediation services, pursuant to section 179A.04, 
 32.3   subdivision 3, clause (h), applies to those principals and 
 32.4   supervisory employees not included in an appropriate unit as 
 32.5   defined in section 179A.03.  Expungement proceedings must be 
 32.6   commenced within the time period provided in the collective 
 32.7   bargaining agreement for the commencement of a grievance.  If no 
 32.8   time period is provided in the bargaining agreement, the 
 32.9   expungement proceedings must commence within 15 days after the 
 32.10  teacher has knowledge of the inclusion in the teacher's file of 
 32.11  the material the teacher seeks to have expunged.  
 32.12     Sec. 14.  [122A.455] [TEACHER CONTRACTS.] 
 32.13     The school board and the exclusive bargaining 
 32.14  representative of the teachers must negotiate: 
 32.15     (1) short-term, limited contracts; 
 32.16     (2) summer school contracts; 
 32.17     (3) extended leaves of absence; 
 32.18     (4) sabbatical leave; 
 32.19     (5) faculty and staff exchange programs; and 
 32.20     (6) temporary assignments. 
 32.21     Sec. 15.  Minnesota Statutes 1998, section 122A.50, is 
 32.22  amended to read: 
 32.23     122A.50 [PREPARATION TIME.] 
 32.24     Beginning with agreements effective July 1, 1995, and 
 32.25  thereafter, all Collective bargaining agreements for teachers 
 32.26  provided for under chapter 179A, must include provisions for 
 32.27  preparation time or a provision indicating that the parties to 
 32.28  the agreement chose not to include preparation time in the 
 32.29  contract. 
 32.30     If the parties cannot agree on preparation time the 
 32.31  following provision shall apply and be incorporated as part of 
 32.32  the agreement:  "Within the student day for every 25 minutes of 
 32.33  classroom instructional time, a minimum of five additional 
 32.34  minutes of preparation time shall be provided to each licensed 
 32.35  teacher.  Preparation time shall be provided in one or two 
 32.36  uninterrupted blocks during the student day.  Exceptions to this 
 33.1   may be made by mutual agreement between the district and the 
 33.2   exclusive representative of the teachers." 
 33.3      Sec. 16.  Minnesota Statutes 1998, section 122A.51, is 
 33.4   amended to read: 
 33.5      122A.51 [TEACHER LUNCH PERIOD.] 
 33.6      A teacher must be provided with a duty-free lunch period, 
 33.7   scheduled according to school board policy or negotiated 
 33.8   agreement. 
 33.9      Sec. 17.  Minnesota Statutes 1998, section 122A.58, 
 33.10  subdivision 1, is amended to read: 
 33.11     Subdivision 1.  [TERMINATION; HEARING.] Before a district 
 33.12  terminates the coaching duties of an employee who is required to 
 33.13  hold a license as an athletic coach from the state board of 
 33.14  education a head varsity coach of an interscholastic sport at 
 33.15  the secondary school level, the district must notify the 
 33.16  employee in writing and state its reason for the proposed 
 33.17  termination.  Within 14 days of receiving this notification, the 
 33.18  employee may request in writing a hearing on the termination 
 33.19  before the board.  If a hearing is requested, the board must 
 33.20  hold a hearing within 25 days according to the hearing 
 33.21  procedures specified in section 122A.40, subdivision 14, and the 
 33.22  termination is final upon the order of the board after the 
 33.23  hearing. 
 33.24     Sec. 18.  Minnesota Statutes 1998, section 122A.60, 
 33.25  subdivision 1, is amended to read: 
 33.26     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
 33.27  board must use the revenue authorized in section 122A.61 for 
 33.28  in-service education for programs under section 120B.22, 
 33.29  subdivision 2, or for staff development plans under this 
 33.30  section.  The board must establish a staff development committee 
 33.31  to develop the plan, assist site decision-making teams in 
 33.32  developing a site plan consistent with the goals of the plan, 
 33.33  and evaluate staff development efforts at the site level.  A 
 33.34  majority of the advisory committee must be teachers representing 
 33.35  various grade levels, subject areas, and special education.  The 
 33.36  advisory committee must also include nonteaching staff, parents, 
 34.1   and administrators.  Districts must report staff development 
 34.2   results and expenditures to the commissioner in the form and 
 34.3   manner determined by the commissioner.  The expenditure report 
 34.4   must include expenditures by the board for district level 
 34.5   activities and expenditures made by the staff.  The report must 
 34.6   provide a breakdown of expenditures for (1) curriculum 
 34.7   development and programs, (2) in-service education, workshops, 
 34.8   and conferences, and (3) the cost of teachers or substitute 
 34.9   teachers for staff development purposes.  Within each of these 
 34.10  categories, the report must also indicate whether the 
 34.11  expenditures were incurred at the district level or the school 
 34.12  site level, and whether the school site expenditures were made 
 34.13  possible by the grants to school sites that demonstrate 
 34.14  exemplary use of allocated staff development revenue.  These 
 34.15  expenditures are to be reported using the UFARS system.  The 
 34.16  commissioner shall report the staff development expenditure data 
 34.17  to the education committees of the legislature by February 15 
 34.18  each year.  
 34.19     Sec. 19.  Minnesota Statutes 1998, section 122A.68, 
 34.20  subdivision 1, is amended to read: 
 34.21     Subdivision 1.  [ESTABLISHMENT.] A school district with a 
 34.22  teaching residency plan approved by the board of teaching may 
 34.23  hire graduates of approved Minnesota teacher preparation 
 34.24  programs as teaching residents.  A district shall employ each 
 34.25  resident for one school year.  The district and the resident may 
 34.26  agree to extend the residency for one additional school year.  A 
 34.27  school may employ no more than one teaching resident for every 
 34.28  eight full-time equivalent licensed teachers.  No more than 600 
 34.29  eligible teachers may be employed as teacher residents in any 
 34.30  one school year. 
 34.31     Sec. 20.  Minnesota Statutes 1998, section 122A.68, 
 34.32  subdivision 7, is amended to read: 
 34.33     Subd. 7.  [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 
 34.34  board of teaching must develop maintain for teachers of students 
 34.35  in prekindergarten through grade 12, model teaching residency 
 34.36  outcomes and assessments, and mentoring programs. 
 35.1      Sec. 21.  Minnesota Statutes 1998, section 122A.69, is 
 35.2   amended to read: 
 35.3      122A.69 [PRACTICE OR STUDENT TEACHERS.] 
 35.4      The board may, by agreements with teacher preparing 
 35.5   institutions, arrange for classroom experience in the district 
 35.6   for practice or student teachers who have completed not less 
 35.7   than two years of an approved teacher education program.  Such 
 35.8   practice Student teachers must be provided with appropriate 
 35.9   supervision by a fully qualified teacher under rules promulgated 
 35.10  by the board.  Practice Student teachers are deemed employees of 
 35.11  the school district in which they are rendering services for 
 35.12  purposes of workers' compensation; liability insurance, if 
 35.13  provided for other district employees in accordance with section 
 35.14  123B.23; and legal counsel in accordance with the provisions of 
 35.15  section 123B.25. 
 35.16     Sec. 22.  Minnesota Statutes 1998, section 122A.70, 
 35.17  subdivision 2, is amended to read: 
 35.18     Subd. 2.  [APPLICATIONS.] The board of teaching must make 
 35.19  application forms available to sites interested in developing or 
 35.20  expanding a mentorship program.  A school district, a group of 
 35.21  school districts, or a coalition of districts, teachers and 
 35.22  teacher education institutions may apply for a teacher 
 35.23  mentorship program grant.  The board of teaching, in 
 35.24  consultation with the teacher mentoring task force, must approve 
 35.25  or disapprove the applications.  To the extent possible, the 
 35.26  approved applications must reflect effective mentoring 
 35.27  components, include a variety of coalitions and be 
 35.28  geographically distributed throughout the state.  The board of 
 35.29  teaching must encourage the selected sites to consider the use 
 35.30  of its assessment procedures.  
 35.31     Sec. 23.  Minnesota Statutes 1998, section 122A.91, is 
 35.32  amended to read: 
 35.33     122A.91 [DESIGNATED STATE OFFICIAL.] 
 35.34     For the purposes of the agreement set forth in section 
 35.35  122A.90, the designated state official for this state is the 
 35.36  commissioner of children, families, and learning executive 
 36.1   secretary of the board of teaching. 
 36.2      Sec. 24.  Minnesota Statutes 1998, section 122A.92, is 
 36.3   amended to read: 
 36.4      122A.92 [RECORD OF CONTRACTS.] 
 36.5      Two copies of all contracts made on behalf of this state 
 36.6   pursuant to the agreement set forth in section 122A.90 must be 
 36.7   kept on file in the office of the commissioner of children, 
 36.8   families, and learning board of teaching. 
 36.9      Sec. 25.  [REVISOR INSTRUCTION.] 
 36.10     In the next and subsequent editions of Minnesota Statutes 
 36.11  and Minnesota Rules, the revisor of statutes shall renumber 
 36.12  Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 
 36.13  Statutes, section 124D.311.  The revisor shall also make 
 36.14  necessary cross-reference changes consistent with the 
 36.15  renumbering. 
 36.16     Sec. 26.  [REPEALER.] 
 36.17     Minnesota Statutes 1998, sections 122A.162; 122A.163; 
 36.18  122A.19, subdivisions 2 and 4; 122A.32; 122A.33; 122A.40, 
 36.19  subdivisions 4, 6, and 11; 122A.42; 122A.43; 122A.45; 122A.46; 
 36.20  122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 
 36.21  122A.58; 122A.624; 122A.625; 122A.71; 122A.72; and 122A.75, are 
 36.22  repealed. 
 36.23                             ARTICLE 5 
 36.24               SCHOOL DISTRICTS; FORMS FOR ORGANIZING 
 36.25     Section 1.  [REPEALER.] 
 36.26     Minnesota Statutes 1998, sections 123A.06, subdivisions 1 
 36.27  and 3; 123A.07; 123A.15, subdivision 1; and 123A.441, are 
 36.28  repealed. 
 36.29                             ARTICLE 6 
 36.30                 SCHOOL DISTRICT POWERS AND DUTIES 
 36.31     Section 1.  Minnesota Statutes 1998, section 123B.02, 
 36.32  subdivision 2, is amended to read: 
 36.33     Subd. 2.  [FACILITIES FOR SCHOOL-AGE CHILDREN.] It is the 
 36.34  duty and the function of the district to furnish school 
 36.35  facilities to every child of school age residing in any part of 
 36.36  the district.  The board may establish and organize and alter 
 37.1   and discontinue such grades or schools as it may deem advisable 
 37.2   and assign to each school and grade a proper number of pupils.  
 37.3   The board shall provide free textbooks for the pupils of the 
 37.4   district.  
 37.5      Sec. 2.  Minnesota Statutes 1998, section 123B.02, 
 37.6   subdivision 3, is amended to read: 
 37.7      Subd. 3.  [LIMITATION ON PARTICIPATION AND FINANCIAL 
 37.8   SUPPORT.] (a) A district must not be required by any type of 
 37.9   formal or informal agreement except an agreement to provide 
 37.10  building space according to paragraph (f), including a joint 
 37.11  powers agreement, or membership in any cooperative unit defined 
 37.12  in section 123A.24, subdivision 2, to participate in or provide 
 37.13  financial support for the purposes of the agreement for a time 
 37.14  period in excess of four fiscal years, or the time period set 
 37.15  forth in this subdivision.  Any agreement, part of an agreement, 
 37.16  or other type of requirement to the contrary is void. 
 37.17     (b) This subdivision shall not affect the continued 
 37.18  liability of a district for its share of bonded indebtedness or 
 37.19  other debt incurred as a result of any agreement before July 1, 
 37.20  1993.  The district is liable only until the obligation or debt 
 37.21  is discharged and only according to the payment schedule in 
 37.22  effect on July 1, 1993, except that the payment schedule may be 
 37.23  altered for the purpose of restructuring debt or refunding bonds 
 37.24  outstanding on July 1, 1993, if the annual payments of the 
 37.25  district are not increased and if the total obligation of the 
 37.26  school district for its share of outstanding bonds or other debt 
 37.27  is not increased. 
 37.28     (c) To cease participating in or providing financial 
 37.29  support for any of the services or activities relating to the 
 37.30  agreement or to terminate participation in the agreement, the 
 37.31  board must adopt a resolution and notify other parties to the 
 37.32  agreement of its decision on or before February 1 of any year.  
 37.33  The cessation or withdrawal shall be effective June 30 of the 
 37.34  same year except that for a member of an education district 
 37.35  organized under sections 123A.15 to 123A.19 or an intermediate 
 37.36  district organized under chapter 136D, cessation or withdrawal 
 38.1   shall be effective June 30 of the following fiscal year.  At the 
 38.2   option of the board, cessation or withdrawal may be effective 
 38.3   June 30 of the following fiscal year for a district 
 38.4   participating in any type of agreement.  
 38.5      (d) Before issuing bonds or incurring other debt, the 
 38.6   governing body responsible for implementing the agreement must 
 38.7   adopt a resolution proposing to issue bonds or incur other debt 
 38.8   and the proposed financial effect of the bonds or other debt 
 38.9   upon each participating district.  The resolution must be 
 38.10  adopted within a time sufficient to allow the board to adopt a 
 38.11  resolution within the time permitted by this paragraph and to 
 38.12  comply with the statutory deadlines set forth in sections 
 38.13  122A.40, 122A.41, and 123A.33.  The governing body responsible 
 38.14  for implementing the agreement shall notify each participating 
 38.15  board of the contents of the resolution.  Within 120 days of 
 38.16  receiving the resolution of the governing body, the school board 
 38.17  of the participating district shall adopt a resolution stating: 
 38.18     (1) its concurrence with issuing bonds or incurring other 
 38.19  debt; 
 38.20     (2) its intention to cease participating in or providing 
 38.21  financial support for the service or activity related to the 
 38.22  bonds or other debt; or 
 38.23     (3) its intention to terminate participation in the 
 38.24  agreement. 
 38.25     A board adopting a resolution according to clause (1) is 
 38.26  liable for its share of bonded indebtedness or other debt as 
 38.27  proposed by the governing body implementing the agreement.  A 
 38.28  school board adopting a resolution according to clause (2) is 
 38.29  not liable for the bonded indebtedness or other debt, as 
 38.30  proposed by the governing body, related to the services or 
 38.31  activities in which the district ceases participating or 
 38.32  providing financial support.  A board adopting a resolution 
 38.33  according to clause (3) is not liable for the bonded 
 38.34  indebtedness or other debt proposed by the governing body 
 38.35  implementing the agreement. 
 38.36     (e) After July 1, 1993, A district is liable according to 
 39.1   paragraph (d) for its share of bonded indebtedness or other debt 
 39.2   incurred by the governing body implementing the agreement to the 
 39.3   extent that the bonds or other debt are directly related to the 
 39.4   services or activities in which the district participates or for 
 39.5   which the district provides financial support.  The district has 
 39.6   continued liability only until the obligation or debt is 
 39.7   discharged and only according to the payment schedule in effect 
 39.8   at the time the governing body implementing the agreement 
 39.9   provides notice to the school board, except that the payment 
 39.10  schedule may be altered for the purpose of refunding the 
 39.11  outstanding bonds or restructuring other debt if the annual 
 39.12  payments of the district are not increased and if the total 
 39.13  obligation of the district for the outstanding bonds or other 
 39.14  debt is not increased. 
 39.15     (f) A district that is a member of a cooperative unit as 
 39.16  defined in section 123A.24, subdivision 2, may obligate itself 
 39.17  to participate in and provide financial support for an agreement 
 39.18  with a cooperative unit to provide school building space for a 
 39.19  term not to exceed two years with an option on the part of the 
 39.20  district to renew for an additional two years.  
 39.21     (g) Notwithstanding any limitations imposed under this 
 39.22  subdivision, a school district may, according to section 
 39.23  123B.51, subdivision 4, enter into a lease of all or a portion 
 39.24  of a schoolhouse that is not needed for school purposes, 
 39.25  including, but not limited to, a lease with a term of more than 
 39.26  one year. 
 39.27     Sec. 3.  Minnesota Statutes 1998, section 123B.04, 
 39.28  subdivision 2, is amended to read: 
 39.29     Subd. 2.  [AGREEMENT.] (a) Either the school board or 
 39.30  the school site decision-making team may request that the school 
 39.31  board enter into an agreement with a school site decision-making 
 39.32  team concerning the governance, management, or control of the 
 39.33  school.  A school site decision-making team may include the 
 39.34  school principal, teachers in the school or their designee, 
 39.35  other employees in the school, parents of pupils in the school, 
 39.36  representatives of pupils in the school, or other members in the 
 40.1   community.  The school site decision-making team shall include 
 40.2   the school principal or other person having general control and 
 40.3   supervision of the school.  The site decision-making team must 
 40.4   reflect the diversity of the education site.  No more than 
 40.5   one-half of the members shall be employees of the district. 
 40.6      (b) School site decision-making agreements must delegate 
 40.7   powers, duties, and broad management responsibilities to site 
 40.8   teams and involve staff members, students as appropriate, and 
 40.9   parents in decision making. 
 40.10     (c) An agreement shall include a statement of powers, 
 40.11  duties, responsibilities, and authority to be delegated to and 
 40.12  within the site. 
 40.13     (d) An agreement may include: 
 40.14     (1) an achievement contract according to subdivision 4; 
 40.15     (2) a mechanism to allow principals, or other persons 
 40.16  having general control and supervision of the school, to make 
 40.17  decisions regarding how financial and personnel resources are 
 40.18  best allocated at the site and from whom goods or services are 
 40.19  purchased; 
 40.20     (3) a mechanism to implement parental involvement programs 
 40.21  under section 124D.895 and to provide for effective parental 
 40.22  communication and feedback on this involvement at the site 
 40.23  level; 
 40.24     (4) a provision that would allow the team to determine who 
 40.25  is hired into licensed and nonlicensed positions; 
 40.26     (5) a provision that would allow teachers to choose the 
 40.27  principal or other person having general control; 
 40.28     (6) an amount of revenue allocated to the site under 
 40.29  subdivision 3; and 
 40.30     (7) any other powers and duties determined appropriate by 
 40.31  the board. 
 40.32     The school board of the district remains the legal employer 
 40.33  under clauses (4) and (5). 
 40.34     (e) Any powers or duties not delegated to the school site 
 40.35  management team in the school site management agreement shall 
 40.36  remain with the school board. 
 41.1      (f) Approved agreements shall be filed with the 
 41.2   commissioner.  If a school board denies a request to enter into 
 41.3   a school site management agreement, it shall provide a copy of 
 41.4   the request and the reasons for its denial to the commissioner.  
 41.5      Sec. 4.  Minnesota Statutes 1998, section 123B.04, 
 41.6   subdivision 5, is amended to read: 
 41.7      Subd. 5.  [COMMISSIONER'S ROLE.] The commissioner of 
 41.8   children, families, and learning, in consultation with 
 41.9   appropriate educational organizations, shall:, 
 41.10     (1) upon request, provide technical support for districts 
 41.11  and sites with agreements under this section; 
 41.12     (2) conduct and compile research on the effectiveness of 
 41.13  site decision making; and 
 41.14     (3) periodically report on and evaluate the effectiveness 
 41.15  of site management agreements on a statewide basis. 
 41.16     Sec. 5.  Minnesota Statutes 1998, section 123B.09, 
 41.17  subdivision 8, is amended to read: 
 41.18     Subd. 8.  [DUTIES.] The board must superintend and manage 
 41.19  the schools of the district; adopt rules for their organization, 
 41.20  government, and instruction; keep registers; and prescribe 
 41.21  textbooks and courses of study.  The board may enter into an 
 41.22  agreement with a post-secondary institution for secondary or 
 41.23  post-secondary nonsectarian courses to be taught at a secondary 
 41.24  school, nonsectarian post-secondary institution, or another 
 41.25  location. 
 41.26     Sec. 6.  Minnesota Statutes 1998, section 123B.143, 
 41.27  subdivision 1, is amended to read: 
 41.28     Subdivision 1.  [CONTRACT; DUTIES.] All districts 
 41.29  maintaining a classified secondary school must employ a 
 41.30  superintendent who shall be an ex officio nonvoting member of 
 41.31  the school board.  The authority for selection and employment of 
 41.32  a superintendent must be vested in the board in all cases.  An 
 41.33  individual employed by a board as a superintendent shall have an 
 41.34  initial employment contract for a period of time no longer than 
 41.35  three years from the date of employment.  Any subsequent 
 41.36  employment contract must not exceed a period of three years.  A 
 42.1   board, at its discretion, may or may not renew an employment 
 42.2   contract.  A board must not, by action or inaction, extend the 
 42.3   duration of an existing employment contract.  Beginning 365 days 
 42.4   prior to the expiration date of an existing employment contract, 
 42.5   a board may negotiate and enter into a subsequent employment 
 42.6   contract to take effect upon the expiration of the existing 
 42.7   contract.  A subsequent contract must be contingent upon the 
 42.8   employee completing the terms of an existing contract.  If a 
 42.9   contract between a board and a superintendent is terminated 
 42.10  prior to the date specified in the contract, the board may not 
 42.11  enter into another superintendent contract with that same 
 42.12  individual that has a term that extends beyond the date 
 42.13  specified in the terminated contract.  A board may terminate a 
 42.14  superintendent during the term of an employment contract for any 
 42.15  of the grounds specified in section 122A.40, subdivision 9 or 13.
 42.16  A superintendent shall not rely upon an employment contract with 
 42.17  a board to assert any other continuing contract rights in the 
 42.18  position of superintendent under section 122A.40.  
 42.19  Notwithstanding the provisions of sections 122A.40, subdivision 
 42.20  10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
 42.21  individual shall have a right to employment as a superintendent 
 42.22  based on order of employment in any district.  If two or more 
 42.23  districts enter into an agreement for the purchase or sharing of 
 42.24  the services of a superintendent, the contracting districts have 
 42.25  the absolute right to select one of the individuals employed to 
 42.26  serve as superintendent in one of the contracting districts and 
 42.27  no individual has a right to employment as the superintendent to 
 42.28  provide all or part of the services based on order of employment 
 42.29  in a contracting district. The superintendent of a district 
 42.30  shall perform the following:  
 42.31     (1) visit and supervise the schools in the district, report 
 42.32  and make recommendations about their condition when advisable or 
 42.33  on request by the board; 
 42.34     (2) recommend to the board employment and dismissal of 
 42.35  teachers; 
 42.36     (3) superintend school grading practices and examinations 
 43.1   for promotions; 
 43.2      (4) make reports required by the commissioner; 
 43.3      (5) (2) by January 10, submit an annual report to the 
 43.4   commissioner in a manner prescribed by the commissioner, in 
 43.5   consultation with school districts, identifying the expenditures 
 43.6   that the district requires to ensure an 80 percent and a 90 
 43.7   percent student passage rate on the basic standards test taken 
 43.8   in the eighth grade, identifying the amount of expenditures that 
 43.9   the district requires to ensure a 99 percent student passage 
 43.10  rate on the basic standards test by 12th grade, and how much the 
 43.11  district is cross-subsidizing programs with special education, 
 43.12  compensatory, and general education revenue; and 
 43.13     (6) (3) perform other duties prescribed by the board. 
 43.14     Sec. 7.  Minnesota Statutes 1998, section 123B.36, 
 43.15  subdivision 1, is amended to read: 
 43.16     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] A school 
 43.17  board is authorized to require payment of fees in the following 
 43.18  areas: 
 43.19     (1) in any program where the resultant product, in excess 
 43.20  of minimum requirements and at the pupil's option, becomes the 
 43.21  personal property of the pupil; 
 43.22     (2) admission fees or charges for extra curricular 
 43.23  activities, where attendance is optional and where the admission 
 43.24  fees or charges a student must pay to attend or participate in 
 43.25  an extracurricular activity is the same for all students, 
 43.26  regardless of whether the student is enrolled in a public or a 
 43.27  home school; 
 43.28     (3) a security deposit for the return of materials, 
 43.29  supplies, or equipment; 
 43.30     (4) personal physical education and athletic equipment and 
 43.31  apparel, although any pupil may personally provide it if it 
 43.32  meets reasonable requirements and standards relating to health 
 43.33  and safety established by the board; 
 43.34     (5) items of personal use or products that a student has an 
 43.35  option to purchase such as student publications, class rings, 
 43.36  annuals, and graduation announcements; 
 44.1      (6) fees specifically permitted by any other statute, 
 44.2   including but not limited to section 171.05, subdivision 2; 
 44.3   provided (i) driver education fees do not exceed the actual cost 
 44.4   to the school and school district of providing driver education, 
 44.5   and (ii) the driver education courses are open to enrollment to 
 44.6   persons between the ages of 15 and 18 who reside or attend 
 44.7   school in the school district; 
 44.8      (7) field trips considered supplementary to a district 
 44.9   educational program; 
 44.10     (8) any authorized voluntary student health and accident 
 44.11  benefit plan; 
 44.12     (9) for the use of musical instruments owned or rented by 
 44.13  the district, a reasonable rental fee not to exceed either the 
 44.14  rental cost to the district or the annual depreciation plus the 
 44.15  actual annual maintenance cost for each instrument; 
 44.16     (10) transportation of pupils to and from extra curricular 
 44.17  activities conducted at locations other than school, where 
 44.18  attendance is optional; 
 44.19     (11) transportation of pupils to and from school for which 
 44.20  aid for fiscal year 1996 is not authorized under Minnesota 
 44.21  Statutes 1994, section 124.223, subdivision 1, and for which 
 44.22  levy for fiscal year 1996 is not authorized under Minnesota 
 44.23  Statutes 1994, section 124.226, subdivision 5, if a district 
 44.24  charging fees for transportation of pupils establishes 
 44.25  guidelines for that transportation to ensure that no pupil is 
 44.26  denied transportation solely because of inability to pay; 
 44.27     (12) motorcycle vehicle safety classroom education courses 
 44.28  conducted outside of regular school hours; provided the charge 
 44.29  must not exceed the actual cost of these courses to the school 
 44.30  district; 
 44.31     (13) transportation to and from post-secondary institutions 
 44.32  for pupils enrolled under the post-secondary enrollment options 
 44.33  program under section 123B.88, subdivision 22.  Fees collected 
 44.34  for this service must be reasonable and must be used to reduce 
 44.35  the cost of operating the route.  Families who qualify for 
 44.36  mileage reimbursement under section 124D.09, subdivision 22, may 
 45.1   use their state mileage reimbursement to pay this fee.  If no 
 45.2   fee is charged, districts must allocate costs based on the 
 45.3   number of pupils riding the route; and 
 45.4      (14) admission fees or charges to a part-time student who 
 45.5   is over the age of 21 or who has graduated from high school for 
 45.6   attending a class or a program at a secondary school. 
 45.7      Sec. 8.  Minnesota Statutes 1998, section 123B.43, is 
 45.8   amended to read: 
 45.9      123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 
 45.10     (a) The commissioner shall assure that textbooks and 
 45.11  individualized instructional materials loaned to nonpublic 
 45.12  school pupils are secular, neutral, nonideological and that they 
 45.13  are incapable of diversion for religious use.  
 45.14     (b) Textbooks and individualized instructional materials 
 45.15  must not be used in religious courses, devotional exercises, 
 45.16  religious training or any other religious activity.  
 45.17     (c) Textbooks and individualized instructional materials 
 45.18  must be loaned only to individual pupils upon the request of a 
 45.19  parent or guardian or the pupil on a form designated for this 
 45.20  use by the commissioner.  The request forms shall provide for 
 45.21  verification by the parent or guardian or pupil that the 
 45.22  requested textbooks and individualized instructional materials 
 45.23  are for the use of the individual pupil in connection with a 
 45.24  program of instruction in the pupil's elementary or secondary 
 45.25  school.  
 45.26     (d) The servicing school district or the intermediary 
 45.27  service area must take adequate measures to ensure an accurate 
 45.28  and periodic inventory of all textbooks and individualized 
 45.29  instructional materials loaned to elementary and secondary 
 45.30  school pupils attending nonpublic schools.  The state board of 
 45.31  education shall promulgate rules under the provisions of chapter 
 45.32  14 to terminate the eligibility of any nonpublic school pupil if 
 45.33  the commissioner determines, after notice and opportunity for 
 45.34  hearing, that the textbooks or individualized instructional 
 45.35  materials have been used in a manner contrary to the provisions 
 45.36  of section 123B.41, subdivision 5, 123B.42, or this section or 
 46.1   any rules promulgated by the state board of education. 
 46.2      (e) Nothing contained in section 123B.41, subdivision 5, 
 46.3   123B.42, or this section shall be construed to authorize the 
 46.4   making of any payments to a nonpublic school or its faculty, 
 46.5   staff or administrators for religious worship or instruction or 
 46.6   for any other purpose.  
 46.7      Sec. 9.  Minnesota Statutes 1998, section 123B.49, 
 46.8   subdivision 1, is amended to read: 
 46.9      Subdivision 1.  [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 
 46.10  Whenever it appears to be beneficial and for the best interest 
 46.11  of the district and the pupils of the district to carry on any 
 46.12  school sport activities or educational activities connected with 
 46.13  their studies outside of the territorial limits of the district, 
 46.14  The board may authorize such activities to be conducted outside 
 46.15  of the territorial limits of the district under such rules and 
 46.16  regulations as the board deems sufficient.  The district may pay 
 46.17  all necessary costs therefor including transportation from the 
 46.18  district funds available. 
 46.19     Sec. 10.  Minnesota Statutes 1998, section 123B.49, 
 46.20  subdivision 4, is amended to read: 
 46.21     Subd. 4.  [BOARD CONTROL AUTHORIZATION OF EXTRACURRICULAR 
 46.22  ACTIVITIES.] (a) The board may take charge of and control 
 46.23  authorize all extracurricular activities of the teachers and 
 46.24  children of the public schools in the district.  Extracurricular 
 46.25  activities means all direct and personal services for public 
 46.26  school pupils for their enjoyment that are managed and operated 
 46.27  under the guidance of an adult or staff member.  
 46.28     (b) Extracurricular activities have all of the following 
 46.29  characteristics: 
 46.30     (1) they are not offered for school credit nor required for 
 46.31  graduation; 
 46.32     (2) they are generally conducted outside school hours, or 
 46.33  if partly during school hours, at times agreed by the 
 46.34  participants, and approved by school authorities; 
 46.35     (3) the content of the activities is determined primarily 
 46.36  by the pupil participants under the guidance of a staff member 
 47.1   or other adult. 
 47.2      (c) If the board does not take charge of and control 
 47.3   authorize extracurricular activities, these activities shall be 
 47.4   self-sustaining with all expenses, except direct salary costs 
 47.5   and indirect costs of the use of school facilities, met by dues, 
 47.6   admissions, or other student fundraising events.  The general 
 47.7   fund must reflect only those salaries directly related to and 
 47.8   readily identified with the activity and paid by public funds.  
 47.9   Other revenues and expenditures for extra curricular activities 
 47.10  must be recorded according to the "Manual of Instruction for 
 47.11  Uniform Student Activities Accounting for Minnesota School 
 47.12  Districts and Area Vocational-Technical Colleges."  
 47.13  Extracurricular activities not under board control must have an 
 47.14  annual financial audit and must also be audited annually for 
 47.15  compliance with this section. 
 47.16     (d) If the board takes charge of and controls authorizes 
 47.17  extracurricular activities, any or all costs of these activities 
 47.18  may be provided from school revenues and all revenues and 
 47.19  expenditures for these activities shall be recorded in the same 
 47.20  manner as other revenues and expenditures of the district.  
 47.21     (e) If the board takes charge of and controls authorizes 
 47.22  extracurricular activities, the teachers or pupils in the 
 47.23  district must not participate in such activity, nor shall the 
 47.24  school name or any allied name be used in connection therewith, 
 47.25  except by consent and direction of the board. 
 47.26     Sec. 11.  Minnesota Statutes 1998, section 123B.51, 
 47.27  subdivision 1, is amended to read: 
 47.28     Subdivision 1.  [SITES.] According to section 126C.40, 
 47.29  subdivision 1, or 465.71, when funds are available, the board 
 47.30  may locate and acquire necessary sites of schoolhouses schools 
 47.31  or enlargements, or additions to existing schoolhouse sites 
 47.32  schools by lease, purchase or condemnation under the right of 
 47.33  eminent domain; it may erect schoolhouses schools on the sites; 
 47.34  it may erect or purchase garages for district-owned school 
 47.35  buses.  When property is taken by eminent domain by authority of 
 47.36  this subdivision when needed by the district for such purposes, 
 48.1   the fact that the property has been acquired by the owner under 
 48.2   the power of eminent domain or is already devoted to public use, 
 48.3   shall not prevent its acquisition by the district.  The board 
 48.4   may sell or exchange schoolhouses schools or sites, and execute 
 48.5   deeds of conveyance thereof.  
 48.6      Sec. 12.  Minnesota Statutes 1998, section 123B.51, 
 48.7   subdivision 5, is amended to read: 
 48.8      Subd. 5.  [SCHOOLHOUSE SCHOOL CLOSING.] The board may close 
 48.9   a schoolhouse school only after a public hearing on the question 
 48.10  of the necessity and practicability of the proposed closing.  
 48.11  Published notice of the hearing shall be given for two weeks in 
 48.12  the official newspaper of the district.  The time and place of 
 48.13  the meeting, the description and location of the schoolhouse, 
 48.14  and a statement of the reasons for the closing must be specified 
 48.15  in the notice.  Parties requesting to give testimony for and 
 48.16  against the proposal shall be heard by the board before it makes 
 48.17  a final decision to close or not to close the schoolhouse.  
 48.18     Sec. 13.  Minnesota Statutes 1998, section 123B.73, 
 48.19  subdivision 1, is amended to read: 
 48.20     Subdivision 1.  [INSPECTION.] The commissioner and the 
 48.21  state fire marshal shall develop a plan to inspect once every 
 48.22  three years every public school facility used for educational 
 48.23  purposes is responsible for the fire safety of all school 
 48.24  facilities.  Each school facility shall be inspected once every 
 48.25  three years.  Inspections must begin during the 1990-1991 school 
 48.26  year.  The plan must provide for continued inspection by local 
 48.27  units of government of public school facilities that have been 
 48.28  inspected by a local unit of government between January 1, 1987, 
 48.29  and January 1, 1990, and may provide for inspections by local 
 48.30  units of government in other situations.  Each inspection report 
 48.31  must be filed with the commissioner, the local school board, and 
 48.32  the state fire marshal.  Notwithstanding section 299F.011, 
 48.33  subdivisions 5a and 5b, a variance from the code must be 
 48.34  approved by the state fire marshal before taking effect.  The 
 48.35  state board may request that the state fire marshal inspect a 
 48.36  particular school facility. 
 49.1      Sec. 14.  Minnesota Statutes 1998, section 123B.83, 
 49.2   subdivision 1, is amended to read: 
 49.3      Subdivision 1.  [REDUCE STATUTORY OPERATING DEBT.] (a) 
 49.4   Beginning in fiscal year 1978 and in each year thereafter, A 
 49.5   district which had statutory operating debt on June 30, 1977 
 49.6   pursuant to section 126C.42 must limit its expenditures in each 
 49.7   fiscal year so that the amount of its statutory operating debt 
 49.8   calculated at the end of that fiscal year is not greater than 
 49.9   the amount of the district's statutory operating debt as of June 
 49.10  30, 1977, as certified and adjusted by the commissioner, 
 49.11  increased by an amount equal to 2-1/2 percent of that district's 
 49.12  operating expenditures for the fiscal year for which the 
 49.13  statutory operating debt calculation is being made. 
 49.14     (b) When a district is no longer required to levy pursuant 
 49.15  to section 126C.42, subdivision 1, subdivision 2 is applicable. 
 49.16     Sec. 15.  Minnesota Statutes 1998, section 123B.90, 
 49.17  subdivision 1, is amended to read: 
 49.18     Subdivision 1.  [SCHOOL BUS SAFETY WEEK.] The third week of 
 49.19  school is designated as school bus safety week. 
 49.20     A school board may designate one day of school bus safety 
 49.21  week as school bus driver day. 
 49.22     Sec. 16.  Minnesota Statutes 1998, section 123B.90, 
 49.23  subdivision 2, is amended to read: 
 49.24     Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
 49.25  provide public school pupils enrolled in grades kindergarten 
 49.26  through 10 with age-appropriate school bus safety training.  The 
 49.27  training must be results-oriented and shall consist of both 
 49.28  classroom instruction and practical training using a school 
 49.29  bus.  Upon completing the training, a student shall be able to 
 49.30  demonstrate knowledge and understanding of at least the 
 49.31  following competencies and concepts: 
 49.32     (1) transportation by school bus is a privilege and not a 
 49.33  right; 
 49.34     (2) district policies for student conduct and school bus 
 49.35  safety; 
 49.36     (3) appropriate conduct while on the school bus; 
 50.1      (4) the danger zones surrounding a school bus; 
 50.2      (5) procedures for safely boarding and leaving a school 
 50.3   bus; 
 50.4      (6) procedures for safe street or road crossing; and 
 50.5      (7) school bus evacuation and other emergency 
 50.6   procedures the requirements of its adopted policy according to 
 50.7   123B.91. 
 50.8      (b) Each nonpublic school located within the district must 
 50.9   provide all nonpublic school pupils enrolled in grades 
 50.10  kindergarten through 10 who are transported by school bus at 
 50.11  public expense and attend school within the district's 
 50.12  boundaries with training as required in paragraph (a).  The 
 50.13  school district shall make a bus available for the practical 
 50.14  training if the district transports the nonpublic students.  
 50.15  Each nonpublic school shall provide the instruction. 
 50.16     (c) All students enrolled in grades kindergarten through 3 
 50.17  who are transported by school bus and are enrolled during the 
 50.18  first or second week of school must demonstrate achievement of 
 50.19  the school bus safety training competencies by the end of the 
 50.20  third week of school.  All students enrolled in grades 4 through 
 50.21  10 who are transported by school bus and are enrolled during the 
 50.22  first or second week of school must demonstrate achievement of 
 50.23  the competencies by the end of the sixth week of school.  
 50.24  Students enrolled in grades kindergarten through 10 who enroll 
 50.25  in a school after the second week of school and are transported 
 50.26  by school bus shall undergo school bus safety training and 
 50.27  demonstrate achievement of the school bus safety competencies 
 50.28  within four weeks of the first day of attendance.  The pupil 
 50.29  transportation safety director in each district must certify to 
 50.30  the commissioner annually that all students transported by 
 50.31  school bus within the district have satisfactorily demonstrated 
 50.32  knowledge and understanding of the school bus safety 
 50.33  competencies according to this section or provide an explanation 
 50.34  for a student's failure to demonstrate the competencies.  The 
 50.35  principal or other chief administrator of each nonpublic school 
 50.36  must certify annually to the public transportation safety 
 51.1   director of the district in which the school is located that all 
 51.2   of the school's students transported by school bus at public 
 51.3   expense have received training.  A district may deny 
 51.4   transportation to a student who fails to demonstrate the 
 51.5   competencies, unless the student is unable to achieve the 
 51.6   competencies due to a disability, or to a student who attends a 
 51.7   nonpublic school that fails to provide training as required by 
 51.8   this subdivision. 
 51.9      (d) A district and a nonpublic school with students 
 51.10  transported by school bus at public expense must, to the extent 
 51.11  possible, provide kindergarten pupils with bus safety training 
 51.12  before the first day of school. 
 51.13     (e) A district and a nonpublic school with students 
 51.14  transported by school bus at public expense must also provide 
 51.15  student safety education for bicycling and pedestrian safety, 
 51.16  for students enrolled in grades kindergarten through 5. 
 51.17     (f) (d) A district and a nonpublic school with students 
 51.18  transported by school bus at public expense must make reasonable 
 51.19  accommodations for the school bus, bicycle, and pedestrian 
 51.20  safety training of pupils known to speak English as a second 
 51.21  language and pupils with disabilities. 
 51.22     Sec. 17.  Minnesota Statutes 1998, section 123B.91, 
 51.23  subdivision 1, is amended to read: 
 51.24     Subdivision 1.  [COMPREHENSIVE POLICY.] Each district must 
 51.25  develop and implement a comprehensive, written policy governing 
 51.26  pupil transportation safety, including transportation of 
 51.27  nonpublic school students, when applicable.  The policy shall, 
 51.28  at minimum, contain: 
 51.29     (1) provisions for appropriate student bus safety training 
 51.30  under section 123B.90; 
 51.31     (2) rules governing student conduct on school buses and in 
 51.32  school bus loading and unloading areas; 
 51.33     (3) (2) a statement of parent or guardian responsibilities 
 51.34  relating to school bus safety; 
 51.35     (4) (3) provisions for notifying students and parents or 
 51.36  guardians of their responsibilities and the rules; 
 52.1      (5) (4) an intradistrict system for reporting school bus 
 52.2   accidents or misconduct and a system for dealing with local law 
 52.3   enforcement officials in cases of criminal conduct on a school 
 52.4   bus; 
 52.5      (6) (5) a discipline policy to address violations of school 
 52.6   bus safety rules, including procedures for revoking a student's 
 52.7   bus riding privileges in cases of serious or repeated 
 52.8   misconduct; 
 52.9      (7) (6) a system for integrating school bus misconduct 
 52.10  records with other discipline records; 
 52.11     (8) (7) a statement of bus driver duties; 
 52.12     (9) (8) planned expenditures for safety activities under 
 52.13  section 123B.89 and, where applicable, provisions governing bus 
 52.14  monitor qualifications, training, and duties; 
 52.15     (10) (9) rules governing the use and maintenance of type 
 52.16  III vehicles, drivers of type III vehicles, qualifications to 
 52.17  drive a type III vehicle, qualifications for a type III vehicle 
 52.18  and the circumstances under which a student may be transported 
 52.19  in a type III vehicle; 
 52.20     (11) (10) operating rules and procedures; 
 52.21     (12) (11) provisions for annual bus driver in-service 
 52.22  training and evaluation; 
 52.23     (13) (12) emergency procedures; 
 52.24     (14) (13) a system for maintaining and inspecting 
 52.25  equipment; 
 52.26     (15) (14) requirements of the school district, if any, that 
 52.27  exceed state law minimum requirements for school bus operations; 
 52.28  and 
 52.29     (16) (15) requirements for basic first aid training, which 
 52.30  must include the Heimlich maneuver and procedures for dealing 
 52.31  with obstructed airways, shock, bleeding, and seizures. 
 52.32     Districts are encouraged to use the model policy developed 
 52.33  by the Minnesota school boards association, the department of 
 52.34  public safety, and the department of children, families, and 
 52.35  learning, as well as the current edition of the "National 
 52.36  Standards for School Buses and Operations" published by the 
 53.1   National Safety Council, in developing safety policies.  Each 
 53.2   district shall review its policy annually and make appropriate 
 53.3   amendments, which must be submitted to the school bus safety 
 53.4   advisory committee within one month of approval by the school 
 53.5   board. 
 53.6      Sec. 18.  Minnesota Statutes 1998, section 123B.92, 
 53.7   subdivision 2, is amended to read: 
 53.8      Subd. 2.  [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A 
 53.9   district must may reserve an amount equal to the greater of $500 
 53.10  or $1.50 times the number of adjusted pupil units, for that 
 53.11  school year to provide student transportation safety programs 
 53.12  under section 123B.89.  This revenue may only be used if the 
 53.13  district complies with the reporting requirements of section 
 53.14  123B.90, 123B.91, 169.4582, or 171.321, subdivision 5. 
 53.15     Sec. 19.  Minnesota Statutes 1998, section 123B.92, 
 53.16  subdivision 4, is amended to read: 
 53.17     Subd. 4.  [TRANSPORTATION SAFETY AID.] A district's 
 53.18  transportation safety aid equals the district's reserved revenue 
 53.19  for transportation safety under subdivision 2 for that school 
 53.20  year.  Failure of a district to comply with the reporting 
 53.21  requirements of section 123B.90, 123B.91, 169.4582, or 171.321, 
 53.22  subdivision 5, may result in a withholding of that district's 
 53.23  transportation safety aid for that school year. 
 53.24     Sec. 20.  [REPEALER.] 
 53.25     Minnesota Statutes 1998, sections 123B.02, subdivisions 5, 
 53.26  6, 9, 10, 11, 13, 14, and 16; 123B.04, subdivision 4; 123B.11; 
 53.27  123B.147, subdivisions 1 and 3; 123B.15; 123B.16; 123B.17; 
 53.28  123B.18; 123B.19; 123B.40; 123B.445; 123B.49, subdivisions 2 and 
 53.29  3; 123B.51, subdivisions 2, 3, and 4; 123B.744; 123B.84; 
 53.30  123B.87; 123B.88, subdivisions 5, 11, 12, 13, 18, 20, 21, and 
 53.31  22; 123B.93; and 123B.95, subdivision 3, are repealed. 
 53.32                             ARTICLE 7 
 53.33                         EDUCATION PROGRAMS 
 53.34     Section 1.  Minnesota Statutes 1998, section 124D.02, 
 53.35  subdivision 1, is amended to read: 
 53.36     Subdivision 1.  [KINDERGARTEN INSTRUCTION.] The board may 
 54.1   establish and maintain one or more kindergartens for the 
 54.2   instruction of children and after July 1, 1974, shall provide 
 54.3   must make kindergarten instruction available for all eligible 
 54.4   children, either in the district or in another district.  All 
 54.5   children to be eligible Eligibility for kindergarten must be at 
 54.6   least five years of age on September 1 of the calendar year in 
 54.7   which the school year commences.  In addition all children 
 54.8   selected under an early admissions policy established by the 
 54.9   school board may be admitted.  Nothing in this section shall 
 54.10  prohibit a school district from establishing head start, 
 54.11  prekindergarten, or nursery school classes for children below 
 54.12  kindergarten age determined according to section 120A.20, 
 54.13  subdivision 1.  Any school board with evidence that providing 
 54.14  kindergarten will cause an extraordinary hardship on the school 
 54.15  district may apply to the commissioner of children, families, 
 54.16  and learning for an exception. 
 54.17     Sec. 2.  Minnesota Statutes 1998, section 124D.03, 
 54.18  subdivision 3, is amended to read: 
 54.19     Subd. 3.  [PUPIL APPLICATION PROCEDURES.] In order that a 
 54.20  pupil may attend a school or program in a nonresident district, 
 54.21  the pupil's parent or guardian must submit an application to the 
 54.22  nonresident district.  Before submitting an application, the 
 54.23  pupil and the pupil's parent or guardian must explore with a 
 54.24  school guidance counselor, or other appropriate staff member 
 54.25  employed by the district the pupil is currently attending, the 
 54.26  pupil's academic or other reason for applying to enroll in a 
 54.27  nonresident district.  The pupil's application must identify the 
 54.28  reason for enrolling in the nonresident district.  The parent or 
 54.29  guardian of a pupil must submit an application by January 
 54.30  15 June 1 for initial enrollment beginning the following school 
 54.31  year.  The application must be on a form provided by the 
 54.32  department of children, families, and learning.  A particular 
 54.33  school or program may be requested by the parent.  Once enrolled 
 54.34  in a nonresident district, the pupil may remain enrolled and is 
 54.35  not required to submit annual or periodic applications.  To 
 54.36  return to the resident district or to transfer to a different 
 55.1   nonresident district, the parent or guardian of the pupil must 
 55.2   provide notice to the resident district or apply to a different 
 55.3   nonresident district by January 15 June 1 for enrollment 
 55.4   beginning the following school year.  Each district must accept 
 55.5   or reject an application it receives and notify the parent or 
 55.6   guardian in writing within 30 calendar days of receiving the 
 55.7   application.  A notification of acceptance must include the date 
 55.8   enrollment can begin.  Within ten days of receiving the 
 55.9   notification from the nonresident district, the parent or 
 55.10  guardian must inform the nonresident district whether the pupil 
 55.11  intends to enroll in the nonresident district. 
 55.12     Sec. 3.  Minnesota Statutes 1998, section 124D.09, 
 55.13  subdivision 5, is amended to read: 
 55.14     Subd. 5.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
 55.15  any other law to the contrary, An 11th or 12th grade pupil 
 55.16  enrolled in a school or an American Indian-controlled tribal 
 55.17  contract or grant school eligible for aid under section 124D.83, 
 55.18  except a foreign exchange pupil enrolled in a district under a 
 55.19  cultural exchange program, may apply to an eligible institution, 
 55.20  as defined in subdivision 3, to enroll in nonsectarian courses 
 55.21  offered by that post-secondary institution.  If an institution 
 55.22  accepts a secondary pupil for enrollment under this section, the 
 55.23  institution shall send written notice to the pupil, the pupil's 
 55.24  school or school district, and the commissioner within ten days 
 55.25  of acceptance.  The notice must indicate the course and hours of 
 55.26  enrollment of that pupil.  If the pupil enrolls in a course for 
 55.27  post-secondary credit, the institution must notify the pupil 
 55.28  about payment in the customary manner used by the institution. 
 55.29     Sec. 4.  Minnesota Statutes 1998, section 124D.09, 
 55.30  subdivision 6, is amended to read: 
 55.31     Subd. 6.  [COUNSELING PARENTAL CONSENT.] To the extent 
 55.32  possible, the school or school district must provide counseling 
 55.33  services to pupils and their parents or guardian before the 
 55.34  pupils enroll in courses under this section to ensure that the 
 55.35  pupils and their parents or guardian are fully aware of the 
 55.36  risks and possible consequences of enrolling in post-secondary 
 56.1   courses.  The school or school district must provide information 
 56.2   on the program including who may enroll, what institutions and 
 56.3   courses are eligible for participation, the decision-making 
 56.4   process for granting academic credits, financial arrangements 
 56.5   for tuition, books and materials, eligibility criteria for 
 56.6   transportation aid, available support services, the need to 
 56.7   arrange an appropriate schedule, consequences of failing or not 
 56.8   completing a course in which the pupil enrolls, the effect of 
 56.9   enrolling in this program on the pupil's ability to complete the 
 56.10  required high school graduation requirements, and the academic 
 56.11  and social responsibilities that must be assumed by the pupils 
 56.12  and their parents or guardian.  The person providing counseling 
 56.13  shall encourage pupils and their parents or guardian to also use 
 56.14  available counseling services at the post-secondary institutions 
 56.15  before the quarter or semester of enrollment to ensure that 
 56.16  anticipated plans are appropriate.  
 56.17     Prior to enrolling in a course, the pupil and the pupil's 
 56.18  parents or guardian must sign a form that must be provided by 
 56.19  the school or school district and may be obtained from a 
 56.20  post-secondary institution stating that they have received the 
 56.21  information specified in this subdivision and that they 
 56.22  understand the responsibilities that must be assumed in 
 56.23  enrolling in this program.  The department must, upon request, 
 56.24  provide technical assistance to a school or school district in 
 56.25  developing appropriate forms and counseling guidelines. 
 56.26     Sec. 5.  Minnesota Statutes 1998, section 124D.09, 
 56.27  subdivision 7, is amended to read: 
 56.28     Subd. 7.  [DISSEMINATION OF INFORMATION; NOTIFICATION OF 
 56.29  INTENT TO ENROLL.] By March 1 of each year, A district must 
 56.30  adopt policies for deadlines and provide general information 
 56.31  about the program to all pupils in grades 10 and 11.  To assist 
 56.32  the district in planning, a pupil shall inform the district by 
 56.33  March 30 of each year of the pupil's intent to enroll in 
 56.34  post-secondary courses during the following school year.  A 
 56.35  pupil is not bound by notifying or not notifying the district by 
 56.36  March 30.  
 57.1      Sec. 6.  Minnesota Statutes 1998, section 124D.09, 
 57.2   subdivision 12, is amended to read: 
 57.3      Subd. 12.  [CREDITS.] A pupil may enroll in a course under 
 57.4   this section for either secondary credit or post-secondary 
 57.5   credit.  At the time a pupil enrolls in a course, the pupil 
 57.6   shall designate whether the course is for secondary or 
 57.7   post-secondary credit.  A pupil taking several courses may 
 57.8   designate some for secondary credit and some for post-secondary 
 57.9   credit.  A pupil must not audit a course under this section. 
 57.10     A district shall grant academic credit to a pupil enrolled 
 57.11  in a course for secondary credit if the pupil successfully 
 57.12  completes the course.  Seven quarter or four semester college 
 57.13  credits equal at least one full year of high school credit.  
 57.14  Fewer college credits may be prorated.  A district must also 
 57.15  grant academic credit to a pupil enrolled in a course for 
 57.16  post-secondary credit if secondary credit is requested by a 
 57.17  pupil.  If no comparable course is offered by the district, the 
 57.18  district must, as soon as possible, notify the commissioner, who 
 57.19  shall determine the number of credits that shall be granted to a 
 57.20  pupil who successfully completes a course.  If a comparable 
 57.21  course is offered by the district, the school board shall grant 
 57.22  a comparable number of credits to the pupil.  If there is a 
 57.23  dispute between the district and the pupil regarding the number 
 57.24  of credits granted for a particular course, the pupil may appeal 
 57.25  the board's decision to the commissioner.  The commissioner's 
 57.26  decision regarding the number of credits shall be final.  
 57.27     The secondary credits granted to a pupil must be counted 
 57.28  toward the graduation requirements and subject area requirements 
 57.29  of the district.  Evidence of successful completion of each 
 57.30  course and secondary credits granted must be included in the 
 57.31  pupil's secondary school record.  A pupil shall provide the 
 57.32  school with a copy of the pupil's grade in each course taken for 
 57.33  secondary credit under this section.  Upon the request of a 
 57.34  pupil, the pupil's secondary school record must also include 
 57.35  evidence of successful completion and credits granted for a 
 57.36  course taken for post-secondary credit.  In either case, the 
 58.1   record must indicate that the credits were earned at a 
 58.2   post-secondary institution. 
 58.3      If a pupil enrolls in a post-secondary institution after 
 58.4   leaving secondary school, the post-secondary institution must 
 58.5   award post-secondary credit for any course successfully 
 58.6   completed for secondary credit at that institution.  Other 
 58.7   post-secondary institutions may award, after a pupil leaves 
 58.8   secondary school, post-secondary credit for any courses 
 58.9   successfully completed under this section.  An institution may 
 58.10  not charge a pupil for the award of credit. 
 58.11     Sec. 7.  Minnesota Statutes 1998, section 124D.10, 
 58.12  subdivision 1, is amended to read: 
 58.13     Subdivision 1.  [PURPOSES EXPECTED OUTCOMES.] (a) 
 58.14  The purpose of this section is expected outcomes of a charter 
 58.15  school are to: 
 58.16     (1) improve pupil learning; 
 58.17     (2) increase learning opportunities for pupils; 
 58.18     (3) encourage the use of different and innovative teaching 
 58.19  methods; 
 58.20     (4) require the measurement of learning outcomes and create 
 58.21  different and innovative forms of measuring outcomes; 
 58.22     (5) establish new forms of accountability for schools; or 
 58.23     (6) create new professional opportunities for teachers, 
 58.24  including the opportunity to be responsible for the learning 
 58.25  program at the school site. 
 58.26     (b) This section does not provide a means to keep open a 
 58.27  school that otherwise would be closed.  Applicants in these 
 58.28  circumstances bear the burden of proving that conversion to a 
 58.29  charter school fulfills a purpose specified in this subdivision, 
 58.30  independent of the school's closing. 
 58.31     Sec. 8.  Minnesota Statutes 1998, section 124D.10, 
 58.32  subdivision 6, is amended to read: 
 58.33     Subd. 6.  [CONTRACT.] The sponsor's authorization for a 
 58.34  charter school must be in the form of a written contract signed 
 58.35  by the sponsor and the board of directors of the charter 
 58.36  school.  The contract for a charter school must be in writing 
 59.1   and contain at least the following: 
 59.2      (1) a description of a program that carries out one or more 
 59.3   of the purposes expected outcomes in subdivision 1; 
 59.4      (2) specific outcomes pupils are to achieve under 
 59.5   subdivision 10; 
 59.6      (3) admission policies and procedures; 
 59.7      (4) management and administration of the school; 
 59.8      (5) requirements and procedures for program and financial 
 59.9   audits; 
 59.10     (6) how the school will comply with subdivisions 8, 13, 16, 
 59.11  and 23; 
 59.12     (7) assumption of liability by the charter school; 
 59.13     (8) types and amounts of insurance coverage to be obtained 
 59.14  by the charter school; 
 59.15     (9) the term of the contract, which may be up to three 
 59.16  years; and 
 59.17     (10) if the board of directors or the operators of the 
 59.18  charter school provide special instruction and services for 
 59.19  children with a disability under sections 125A.03 to 125A.24, 
 59.20  and 125A.65, a description of the financial parameters within 
 59.21  which the charter school will operate to provide the special 
 59.22  instruction and services to children with a disability. 
 59.23     Sec. 9.  Minnesota Statutes 1998, section 124D.10, 
 59.24  subdivision 15, is amended to read: 
 59.25     Subd. 15.  [REVIEW AND COMMENT.] The department must review 
 59.26  and comment on the evaluation, by the chartering school 
 59.27  district, of the performance of a charter school before the 
 59.28  charter school's contract is renewed.  The information from the 
 59.29  review and comment shall be reported to the state board of 
 59.30  education in a timely manner.  Periodically, the state board 
 59.31  shall report trends or suggestions based on the evaluation of 
 59.32  charter school contracts to the education committees of the 
 59.33  state legislature.  
 59.34     Sec. 10.  Minnesota Statutes 1998, section 124D.10, 
 59.35  subdivision 19, is amended to read: 
 59.36     Subd. 19.  [DISSEMINATE AVAILABLE INFORMATION.] The 
 60.1   sponsor, the operators, and the department of children, 
 60.2   families, and learning must disseminate make information 
 60.3   available to the public on how to form and operate a charter 
 60.4   school and how to utilize the offerings of a charter 
 60.5   school.  Particular groups to be targeted include low-income 
 60.6   families and communities, and students of color. 
 60.7      Sec. 11.  Minnesota Statutes 1998, section 124D.10, 
 60.8   subdivision 25, is amended to read: 
 60.9      Subd. 25.  [EXTENT OF SPECIFIC LEGAL AUTHORITY.] (a) The 
 60.10  board of directors of a charter school may sue and be sued. 
 60.11     (b) The board may not levy taxes or issue bonds.  
 60.12     (c) The state board, members of the state board, a sponsor, 
 60.13  members of the board of a sponsor in their official capacity, 
 60.14  and employees of a sponsor are immune from civil or criminal 
 60.15  liability with respect to all activities related to a charter 
 60.16  school they approve or sponsor.  The board of directors shall 
 60.17  obtain at least the amount of and types of insurance required by 
 60.18  the contract, according to subdivision 6.  
 60.19     Sec. 12.  Minnesota Statutes 1998, section 124D.115, 
 60.20  subdivision 3, is amended to read: 
 60.21     Subd. 3.  [PROGRAM REIMBURSEMENT.] (a) State funds are 
 60.22  provided to reimburse school breakfasts.  Each school year, the 
 60.23  state must reimburse schools in the amount of 5.1 cents for each 
 60.24  fully paid breakfast and for each free and reduced price 
 60.25  breakfast not eligible for the "severe need" rate. 
 60.26     (b) In addition to paragraph (a), each school year the 
 60.27  state must reimburse schools 10.5 cents for each free and 
 60.28  reduced price breakfast not eligible for the "severe need" rate 
 60.29  if between 33 and 40 percent of the school lunches served during 
 60.30  the second preceding school year were served free or at a 
 60.31  reduced price. 
 60.32     Sec. 13.  Minnesota Statutes 1998, section 124D.118, 
 60.33  subdivision 2, is amended to read: 
 60.34     Subd. 2.  [ESTABLISHMENT; SCHOOL PARTICIPATION.] Each 
 60.35  district in the state is encouraged to participate in the 
 60.36  state-supported school milk program for kindergartners.  
 61.1   Participating districts must provide one serving of milk on each 
 61.2   school day to each kindergarten student attending a public or 
 61.3   nonpublic school in the district.  No student is required to 
 61.4   accept the milk that is provided by the district.  The program 
 61.5   must be promoted and operated under the direction of the 
 61.6   commissioner or the commissioner's designee. 
 61.7      Sec. 14.  Minnesota Statutes 1998, section 124D.118, 
 61.8   subdivision 3, is amended to read: 
 61.9      Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 
 61.10  (a) The commissioner shall: 
 61.11     (1) encourage all districts to participate in the school 
 61.12  milk program for kindergartners; 
 61.13     (2) prepare maintain program guidelines, not subject to 
 61.14  chapter 14 until July 1, 1998, which will effectively and 
 61.15  efficiently distribute appropriated and donated money to 
 61.16  participating districts; and 
 61.17     (3) (2) seek donations and matching funds from appropriate 
 61.18  private and public sources. 
 61.19     (b) Program guidelines may provide for disbursement to 
 61.20  districts through a mechanism of prepayments or by reimbursement 
 61.21  for approved program expenses. 
 61.22     Sec. 15.  Minnesota Statutes 1998, section 124D.28, 
 61.23  subdivision 1, is amended to read: 
 61.24     Subdivision 1.  [MANDATORY COMPONENTS EXPECTATIONS.] The 
 61.25  expected outcomes of a family connections program must include:  
 61.26     (1) participation by a designated designation of an 
 61.27  individual as a career teacher, principal-teacher, or counselor 
 61.28  teacher; 
 61.29     (2) an increased emphasis on each individual child's unique 
 61.30  learning and development needs beginning with early childhood 
 61.31  family education; 
 61.32     (3) procedures to give the career teacher a major 
 61.33  responsibility for leadership of the instructional and 
 61.34  noninstructional activities of each child beginning with early 
 61.35  childhood family education; 
 61.36     (4) procedures to involve increased involvement of parents 
 62.1   in the learning and development experiences of their 
 62.2   children; and 
 62.3      (5) procedures to implement outcome based education by 
 62.4   focusing on the needs of the learner; 
 62.5      (6) procedures to coordinate and integrate (4) increased 
 62.6   involvement of the instructional program with all community 
 62.7   education programs; 
 62.8      (7) procedures to concentrate career teacher programs at 
 62.9   sites that provide early childhood family education and 
 62.10  subsequent learning and development programs; and 
 62.11     (8) procedures for the district to fund the program.  
 62.12     Sec. 16.  Minnesota Statutes 1998, section 124D.29, is 
 62.13  amended by adding a subdivision to read: 
 62.14     Subd. 6.  [DISTRICT COMPONENTS.] The school board and the 
 62.15  exclusive bargaining representative of the teachers that has a 
 62.16  family connections program shall negotiate: 
 62.17     (1) staff to student ratios; 
 62.18     (2) procedures for teachers, principals, and counselors to 
 62.19  apply for and renew the position of career teacher, 
 62.20  principal-teacher, or counselor teacher; and 
 62.21     (3) the duties of the career teacher, principal-teacher, or 
 62.22  counselor teacher. 
 62.23     Sec. 17.  Minnesota Statutes 1998, section 124D.30, 
 62.24  subdivision 3, is amended to read: 
 62.25     Subd. 3.  [COMMISSIONER APPROVAL.] The commissioner may 
 62.26  shall approve plans and applications for districts throughout 
 62.27  the state for family connections aid.  The commissioner shall 
 62.28  establish application procedures and deadlines. 
 62.29     Sec. 18.  Minnesota Statutes 1998, section 124D.34, 
 62.30  subdivision 4, is amended to read: 
 62.31     Subd. 4.  [FOUNDATION PROGRAMS AND DUTIES.] The foundation 
 62.32  shall advance applied leadership and intracurricular vocational 
 62.33  learning experiences for students.  These may include, but are 
 62.34  not limited to: 
 62.35     (1) recognition programs and awards for students 
 62.36  demonstrating excellence in applied leadership; 
 63.1      (2) summer programs for student leadership, career 
 63.2   development, applied academics, and mentorship programs with 
 63.3   business and industry; 
 63.4      (3) recognition programs for teachers, administrators, and 
 63.5   others who make outstanding contributions to school-to-work 
 63.6   programs; 
 63.7      (4) outreach programs to increase the involvement of urban 
 63.8   and suburban students; 
 63.9      (5) organized challenges requiring cooperation and 
 63.10  competition for secondary and post-secondary students; 
 63.11     (6) assistance and training to community teams to increase 
 63.12  career awareness and empowerment of youth as community leaders; 
 63.13  and 
 63.14     (7) assessment and activities in order to plan for and 
 63.15  implement continuous improvement.  
 63.16     To the extent possible, the foundation shall make these 
 63.17  programs available to students in all parts of the state. 
 63.18     Sec. 19.  Minnesota Statutes 1998, section 124D.35, is 
 63.19  amended to read: 
 63.20     124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 
 63.21     The commissioner shall establish A youth entrepreneurship 
 63.22  education program to improve the academic and entrepreneurial 
 63.23  skills of students and aid in their transition from school to 
 63.24  business creation.  The program shall strengthen local economies 
 63.25  by creating jobs that enable citizens to remain in their 
 63.26  communities and to foster cooperation among educators, economic 
 63.27  development professionals, business leaders, and representatives 
 63.28  of labor.  Assistance under this section shall be available to 
 63.29  new or existing student-operated or school-operated businesses 
 63.30  that have an educational purpose, and provide service or 
 63.31  products for customers or clients who do not attend or work at 
 63.32  the sponsoring school.  The commissioner may require an equal 
 63.33  local match for assistance under this section up to the maximum 
 63.34  grant amount of $20,000. 
 63.35     Sec. 20.  Minnesota Statutes 1998, section 124D.37, is 
 63.36  amended to read: 
 64.1      124D.37 [PURPOSE EXPECTED OUTCOMES OF THE MINNESOTA YOUTH 
 64.2   WORKS ACT.] 
 64.3      The purposes expected outcomes of sections 124D.37 to 
 64.4   124D.45 are to: 
 64.5      (1) renew the ethic of promote civic responsibility in 
 64.6   Minnesota; 
 64.7      (2) empower youth to improve their life opportunities 
 64.8   through youth literacy, job placement, and other essential life 
 64.9   skills; 
 64.10     (3) empower government improve government's to meet its 
 64.11  responsibility to prepare young people to be contributing 
 64.12  members of society; 
 64.13     (4) help meet human civic, educational, environmental, and 
 64.14  public safety needs, particularly those needs relating to 
 64.15  poverty; 
 64.16     (5) prepare a citizenry that is academically competent, 
 64.17  ready for work, and socially responsible; 
 64.18     (6) demonstrate the connection between youth and meaningful 
 64.19  community service, community service and education, and 
 64.20  education and meaningful opportunities in the business 
 64.21  community; 
 64.22     (7) demonstrate the connection between providing 
 64.23  opportunities for at-risk youth and reducing crime rates and the 
 64.24  social costs of troubled youth activities; 
 64.25     (8) (6) create linkages for a comprehensive youth service 
 64.26  and learning program in Minnesota including school age programs, 
 64.27  higher education programs, youth work programs, and service 
 64.28  corps programs; and 
 64.29     (9) (7) coordinate federal and state activities that 
 64.30  advance the purposes in this section. 
 64.31     Sec. 21.  Minnesota Statutes 1998, section 124D.40, 
 64.32  subdivision 2, is amended to read: 
 64.33     Subd. 2.  [GRANT AUTHORITY.] The commission and, beginning 
 64.34  January 1, 1997, the council must use any state appropriation 
 64.35  and any available federal funds, including any grant received 
 64.36  under federal law, to award grants to establish programs for 
 65.1   youth works meeting the requirements of section 124D.41.  At 
 65.2   least one grant each must be available for a metropolitan 
 65.3   proposal, a rural proposal, and a statewide proposal.  If a 
 65.4   portion of the suburban metropolitan area is not included in the 
 65.5   metropolitan grant proposal, the statewide grant proposal must 
 65.6   incorporate at least one suburban metropolitan area.  In 
 65.7   awarding grants, the commission and, beginning January 1, 1997, 
 65.8   the council may select at least one residential proposal and one 
 65.9   nonresidential proposal, provided the proposals meet or exceed 
 65.10  the criteria in section 124D.41. 
 65.11     Sec. 22.  Minnesota Statutes 1998, section 124D.41, is 
 65.12  amended to read: 
 65.13     124D.41 [GRANT APPLICATIONS.] 
 65.14     Subdivision 1.  [APPLICATIONS REQUIRED.] An organization 
 65.15  seeking federal or state grant money under sections 124D.39 to 
 65.16  124D.44 shall prepare and submit to the commission and, 
 65.17  beginning January 1, 1997, the council an application that meets 
 65.18  the requirements of this section developed by the commission.  
 65.19  The commission and, beginning January 1, 1997, the council must 
 65.20  develop, and the applying organizations must comply with, the 
 65.21  form and manner of the application requirements that meet the 
 65.22  expected outcomes in section 124D.37. 
 65.23     Subd. 2.  [APPLICATION CONTENT.] An applicant on its 
 65.24  application must: describe how it intends to meet the expected 
 65.25  outcomes in section 124D.37. 
 65.26     (1) propose a program to provide participants the 
 65.27  opportunity to perform community service to meet specific unmet 
 65.28  community needs, and participate in classroom, work-based, and 
 65.29  service-learning; 
 65.30     (2) assess the community's unmet educational, human, 
 65.31  environmental, and public safety needs, the resources and 
 65.32  programs available for meeting those needs, and how young people 
 65.33  participated in assessing community needs; 
 65.34     (3) describe the educational component of the program, 
 65.35  including classroom hours per week, classroom time for 
 65.36  participants to reflect on the program experience, and 
 66.1   anticipated academic outcomes related to the service experience; 
 66.2      (4) describe the work to be performed, the ratio of youth 
 66.3   participants to crew leaders and mentors, and the expectations 
 66.4   and qualifications for crew leaders and mentors; 
 66.5      (5) describe local funds or resources available to meet the 
 66.6   match requirements of section 124D.44; 
 66.7      (6) describe any funds available for the program from 
 66.8   sources other than the requested grant; 
 66.9      (7) describe any agreements with local businesses to 
 66.10  provide participants with work-learning opportunities and 
 66.11  mentors; 
 66.12     (8) describe any agreement with local post-secondary 
 66.13  educational institutions to offer participants course credits 
 66.14  for their community service-learning experience; 
 66.15     (9) describe any agreement with a local high school or an 
 66.16  alternative learning center to provide remedial education, 
 66.17  credit for community service work and work-based learning, or 
 66.18  graduate equivalency degrees; 
 66.19     (10) describe any pay for service or other program delivery 
 66.20  mechanism that will provide reimbursement for benefits conferred 
 66.21  or recover costs of services participants perform; 
 66.22     (11) describe how local resources will be used to provide 
 66.23  support and assistance for participants to encourage them to 
 66.24  continue with the program, fulfill the terms of the contract, 
 66.25  and remain eligible for any postservice benefit; 
 66.26     (12) describe the arbitration mechanism for dispute 
 66.27  resolution required under section 124D.42, subdivision 2; 
 66.28     (13) describe involvement of community leaders in 
 66.29  developing broad-based support for the program; 
 66.30     (14) describe the consultation and sign-off process to be 
 66.31  used with any local labor organization representing employees in 
 66.32  the area engaged in work similar to that proposed for the 
 66.33  program to ensure that no current employees or available 
 66.34  employment positions will be displaced by program participants; 
 66.35     (15) certify to the commission and, beginning January 1, 
 66.36  1997, the council, and to any certified bargaining 
 67.1   representatives representing employees of the applying 
 67.2   organization that the project will not decrease employment 
 67.3   opportunities that would be available without the project; will 
 67.4   not displace current employees including any partial 
 67.5   displacement in the form of reduced hours of work other than 
 67.6   overtime, wages, employment benefits, or regular seasonal work; 
 67.7   will not impair existing labor agreements; and will not result 
 67.8   in the substitution of project funding for preexisting funds or 
 67.9   sources of funds for ongoing work; 
 67.10     (16) describe the length of the required service period, 
 67.11  which may not be less than six months or more than two years, a 
 67.12  method to incorporate a participant's readiness to advance or 
 67.13  need for postservice financial assistance into individual 
 67.14  service requirements, and any opportunity for participating part 
 67.15  time or in another program; 
 67.16     (17) describe a program evaluation plan that contains 
 67.17  cost-effectiveness measures, measures of participant success 
 67.18  including educational accomplishments, job placements, community 
 67.19  contributions, and ongoing volunteer activities, outcome 
 67.20  measures based on a preprogram and postprogram survey of 
 67.21  community rates of arrest, incarceration, teenage pregnancy, and 
 67.22  other indicators of youth in trouble, and a list of local 
 67.23  resources dedicated to reducing these rates; 
 67.24     (18) describe a three-year financial plan for maintaining 
 67.25  the program; 
 67.26     (19) describe the role of local youth in developing all 
 67.27  aspects of the grant proposal; and 
 67.28     (20) describe the process by which the local private 
 67.29  industry council participated in, and reviewed the grant 
 67.30  application. 
 67.31     Sec. 23.  Minnesota Statutes 1998, section 124D.42, 
 67.32  subdivision 7, is amended to read: 
 67.33     Subd. 7.  [TRAINING AND EDUCATION REQUIREMENTS.] Each 
 67.34  grantee organization must assess and work to enhance the 
 67.35  educational level of each entering participant.  Each grantee 
 67.36  shall work to enhance the educational skills of each 
 68.1   participant.  The commission and, beginning January 1, 1997, the 
 68.2   council may coordinate or contract with educational institutions 
 68.3   or other providers for educational services and evaluation.  All 
 68.4   grantees shall give priority to educating and training 
 68.5   participants who do not have a high school diploma or its 
 68.6   equivalent, or who cannot afford post-secondary training and 
 68.7   education. 
 68.8      Sec. 24.  Minnesota Statutes 1998, section 124D.46, 
 68.9   subdivision 1, is amended to read: 
 68.10     Subdivision 1.  [GOALS ESTABLISHMENT.] To better prepare 
 68.11  all learners to make transitions between education and 
 68.12  employment, A comprehensive education and employment transitions 
 68.13  system is established that is driven by multisector partnerships 
 68.14  and takes a lifelong approach to workforce development.  
 68.15  The goals of the statewide education and employment transitions 
 68.16  system are shall develop and implement methods: 
 68.17     (1) to improve the skills learners need to achieve greater 
 68.18  levels of self-sufficiency through education, training, and 
 68.19  work; 
 68.20     (2) to improve work-related counseling and information 
 68.21  about career opportunities and vocational education programs 
 68.22  available to learners to facilitate workforce development; 
 68.23     (3) to integrate opportunities for work-based learning, 
 68.24  service-learning, and other applied learning methods into the 
 68.25  elementary, secondary, and post-secondary curriculum and state 
 68.26  and local graduation standards; 
 68.27     (4) to increase participation in employment opportunities 
 68.28  and demonstrate the relationship between education and 
 68.29  employment at the elementary, secondary, and post-secondary 
 68.30  education levels; 
 68.31     (5) (4) to promote the efficient use of public and private 
 68.32  resources by coordinating elementary, secondary, and 
 68.33  post-secondary education with related government programs; 
 68.34     (6) (5) to expand educational options available to all 
 68.35  learners through collaborative efforts between school districts, 
 68.36  post-secondary institutions, employers, organized labor, 
 69.1   workers, learners, parents, community-based organizations, and 
 69.2   other interested parties; 
 69.3      (7) (6) to increase opportunities for women, minorities, 
 69.4   individuals with a disability, and at-risk learners to fully 
 69.5   participate in work-based learning; 
 69.6      (8) to establish performance standards for learners that 
 69.7   integrate state and local graduation standards and generally 
 69.8   recognized industry and occupational skill standards; and 
 69.9      (9) (7) to provide support systems including a unified 
 69.10  labor market information system; a centralized quality assurance 
 69.11  system with information on learner achievement, employer 
 69.12  satisfaction, and measurable system outcomes; a statewide 
 69.13  marketing system to promote the importance of lifework 
 69.14  development; a comprehensive professional development system for 
 69.15  public and private sector partners; and a comprehensive system 
 69.16  for providing technical support to local partnerships for 
 69.17  education and employment transitions. 
 69.18     Sec. 25.  Minnesota Statutes 1998, section 124D.47, 
 69.19  subdivision 2, is amended to read: 
 69.20     Subd. 2.  [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 
 69.21  comprehensive youth apprenticeship program must require 
 69.22  representatives of secondary and post-secondary school systems, 
 69.23  affected local businesses, industries, occupations and labor, as 
 69.24  well as the local community, to be actively and collaboratively 
 69.25  involved in advising and managing the program and ensuring, in 
 69.26  consultation with local private industry councils, that the 
 69.27  youth apprenticeship program meets local labor market demands, 
 69.28  provides student apprentices with the high skill training 
 69.29  necessary for career advancement, meets applicable state 
 69.30  graduation requirements and labor standards, pays apprentices 
 69.31  for their work and provides support services to program 
 69.32  participants. 
 69.33     (b) Local employers, collaborating with labor organizations 
 69.34  where appropriate, must assist the program by analyzing 
 69.35  workplace needs, creating work-related curriculum, employing and 
 69.36  adequately paying youth apprentices engaged in work-related 
 70.1   learning in the workplace, training youth apprentices to become 
 70.2   skilled in an occupation, providing student apprentices with a 
 70.3   workplace mentor, periodically informing the school of an 
 70.4   apprentice's progress, and making a reasonable effort to employ 
 70.5   youth apprentices who successfully complete the program. 
 70.6      (c) A student participating in a comprehensive youth 
 70.7   apprenticeship program must sign a youth apprenticeship 
 70.8   agreement with participating entities that obligates youth 
 70.9   apprentices, their parents or guardians, employers, and schools 
 70.10  to meet program requirements; indicates how academic 
 70.11  instruction, work-based learning, and worksite learning and 
 70.12  experience will be integrated; ensures that successful youth 
 70.13  apprentices will receive a recognized credential of academic and 
 70.14  occupational proficiency; and establishes the wage rate and 
 70.15  other benefits for which youth apprentices are eligible while 
 70.16  employed during the program. 
 70.17     (d) Secondary school principals, counselors, or business 
 70.18  mentors familiar with the education to employment transitions 
 70.19  system must inform entering secondary school students about 
 70.20  available occupational and career opportunities and the option 
 70.21  of entering a youth apprenticeship or other work-based learning 
 70.22  program to obtain post-secondary academic and occupational 
 70.23  credentials. 
 70.24     Sec. 26.  Minnesota Statutes 1998, section 124D.49, 
 70.25  subdivision 3, is amended to read: 
 70.26     Subd. 3.  [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 
 70.27  SYSTEMS.] A local education and employment transitions 
 70.28  partnership must assess the needs of employers, employees, and 
 70.29  learners, and develop a plan for implementing and achieving the 
 70.30  objectives of a local or regional education and employment 
 70.31  transitions system.  The plan must provide for a comprehensive 
 70.32  local system for assisting learners and workers in making the 
 70.33  transition from school to work or for retraining in a new 
 70.34  vocational area.  The objectives expected outcomes of a local 
 70.35  education and employment transitions system include:  
 70.36     (1) increasing the effectiveness of the educational 
 71.1   programs and curriculum of elementary, secondary, and 
 71.2   post-secondary schools which meet state and local graduation 
 71.3   standards and the work site in preparing prepare students in the 
 71.4   skills and knowledge needed to be successful in the workplace; 
 71.5      (2) implementing learner outcomes for students in grades 
 71.6   kindergarten through 12 designed to introduce the world of work 
 71.7   and to explore career opportunities, including nontraditional 
 71.8   career opportunities; 
 71.9      (3) eliminating barriers to providing effective integrated 
 71.10  applied learning, service-learning, or work-based curriculum; 
 71.11     (4) increasing opportunities to apply academic knowledge 
 71.12  and skills, including skills needed in the workplace, in local 
 71.13  settings which include the school, school-based enterprises, 
 71.14  post-secondary institutions, the workplace, and the community; 
 71.15     (5) increasing applied instruction in the attitudes and 
 71.16  skills essential for success in the workplace, including 
 71.17  cooperative working, leadership, problem-solving, and respect 
 71.18  for diversity; 
 71.19     (6) providing staff training for vocational guidance 
 71.20  counselors, teachers, and other appropriate staff in the 
 71.21  importance of preparing learners for the transition to work, and 
 71.22  in methods of providing instruction that incorporate applied 
 71.23  learning, work-based learning, and service-learning experiences; 
 71.24     (7) (4) identifying and enlisting local and regional 
 71.25  employers who can effectively provide work-based or 
 71.26  service-learning opportunities, including, but not limited to, 
 71.27  apprenticeships, internships, and mentorships; 
 71.28     (8) (5) recruiting community and workplace mentors 
 71.29  including peers, parents, employers and employed individuals 
 71.30  from the community, and employers of high school students; 
 71.31     (9) (6) identifying current and emerging educational, 
 71.32  training, and employment needs of the area or region, especially 
 71.33  within industries with potential for job growth; 
 71.34     (10) (7) improving the coordination and effectiveness of 
 71.35  local vocational and job training programs, including vocational 
 71.36  education, adult basic education, tech prep, apprenticeship, 
 72.1   service-learning, youth entrepreneur, youth training and 
 72.2   employment programs administered by the commissioner of economic 
 72.3   security, and local job training programs under the Job Training 
 72.4   Partnership Act, United States Code, title 29, section 1501, et 
 72.5   seq.; 
 72.6      (11) (8) identifying and applying for federal, state, 
 72.7   local, and private sources of funding for vocational or applied 
 72.8   learning programs; 
 72.9      (12) (9) providing students with current information and 
 72.10  counseling about career opportunities, potential employment, 
 72.11  educational opportunities in post-secondary institutions, 
 72.12  workplaces, and the community, and the skills and knowledge 
 72.13  necessary to succeed; 
 72.14     (13) providing educational technology, including 
 72.15  interactive television networks and other distance learning 
 72.16  methods, to ensure access to a broad variety of work-based 
 72.17  learning opportunities; 
 72.18     (14) (10) including students with disabilities in a 
 72.19  district's vocational or applied learning program and ways to 
 72.20  serve at-risk learners through collaboration with area learning 
 72.21  centers under sections 123A.05 to 123A.09, or other alternative 
 72.22  programs; and 
 72.23     (15) (11) providing a warranty to employers, post-secondary 
 72.24  education programs, and other post-secondary training programs, 
 72.25  that learners successfully completing a high school work-based 
 72.26  or applied learning program will be able to apply the knowledge 
 72.27  and work skills included in the program outcomes or graduation 
 72.28  requirements.  The warranty shall require education and training 
 72.29  programs to continue to work with those learners that need 
 72.30  additional skill development until they can demonstrate 
 72.31  achievement of the program outcomes or graduation requirements. 
 72.32     Sec. 27.  Minnesota Statutes 1998, section 124D.65, 
 72.33  subdivision 6, is amended to read: 
 72.34     Subd. 6.  [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 
 72.35  counting the number of pupils of limited English proficiency for 
 72.36  purposes of this section, districts may include pupils of 
 73.1   limited English proficiency who attend nonpublic schools in the 
 73.2   district.  A district which counts those pupils and receives aid 
 73.3   pursuant to this section must offer those pupils the same 
 73.4   programs on the same terms that it offers to pupils of limited 
 73.5   English proficiency who attend the public school.  A program 
 73.6   provided for a nonpublic school pupil pursuant to this 
 73.7   subdivision must be provided at a public school or, a neutral 
 73.8   site as defined in section 123B.41, subdivision 13, the 
 73.9   nonpublic school, or any other suitable location.  The school 
 73.10  district must make the final decision on the location of these 
 73.11  services.  Nonpublic school pupils served by a district's 
 73.12  educational program for pupils of limited English proficiency 
 73.13  must be counted for average daily membership pursuant to 
 73.14  sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 
 73.15  1 to 4.  
 73.16     Sec. 28.  Minnesota Statutes 1998, section 124D.74, 
 73.17  subdivision 1, is amended to read: 
 73.18     Subdivision 1.  [PROGRAM DESCRIBED OUTCOMES.] American 
 73.19  Indian language and culture education programs are programs in 
 73.20  elementary and secondary schools enrolling American Indian 
 73.21  children designed: 
 73.22     (1) to make the curriculum more relevant to the needs, 
 73.23  interests, and cultural heritage of American Indian pupils; 
 73.24     (2) to provide positive reinforcement of the self-image of 
 73.25  American Indian pupils; and 
 73.26     (3) to develop intercultural awareness among pupils, 
 73.27  parents, and staff.  Program components may include:  
 73.28  instruction in American Indian language, literature, history, 
 73.29  and culture; development of support components for staff, 
 73.30  including in-service training and technical assistance in 
 73.31  methods of teaching American Indian pupils; research projects, 
 73.32  including experimentation with and evaluation of methods of 
 73.33  relating to American Indian pupils; provision of personal and 
 73.34  vocational counseling to American Indian pupils; modification of 
 73.35  curriculum, instructional methods, and administrative procedures 
 73.36  to meet the needs of American Indian pupils; and establishment 
 74.1   of cooperative liaisons with nonsectarian nonpublic, community, 
 74.2   tribal or alternative schools offering curricula which reflect 
 74.3   American Indian culture.  Districts offering programs may make 
 74.4   contracts for the provision of program components by 
 74.5   nonsectarian nonpublic, community, tribal or alternative 
 74.6   schools.  These programs may also be provided as components of 
 74.7   early childhood and family education programs. 
 74.8      Sec. 29.  Minnesota Statutes 1998, section 124D.88, 
 74.9   subdivision 2, is amended to read: 
 74.10     Subd. 2.  [APPROVAL AUTHORITY; APPLICATION FORMS.] To the 
 74.11  extent money is available, The commissioner may approve projects 
 74.12  from applications submitted under this section.  The grant money 
 74.13  must be used only to design, acquire, construct, expand, 
 74.14  remodel, improve, furnish, or equip the building or site of a 
 74.15  magnet school facility according to contracts entered into 
 74.16  within 24 months after the date on which a grant is awarded. 
 74.17     Sec. 30.  Minnesota Statutes 1998, section 124D.892, is 
 74.18  amended to read: 
 74.19     124D.892 [OFFICE OF DESEGREGATION/INTEGRATION.] 
 74.20     Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 74.21  desegregation/integration is established in The department 
 74.22  commissioner of children, families, and learning to must 
 74.23  coordinate and support activities related to student enrollment, 
 74.24  student and staff recruitment and retention, transportation, and 
 74.25  interdistrict cooperation among metropolitan school districts.  
 74.26     (b) At the request of a metropolitan school district 
 74.27  involved in cooperative desegregation/integration efforts, the 
 74.28  office commissioner shall perform any of the following 
 74.29  activities: 
 74.30     (1) assist districts with interdistrict student transfers, 
 74.31  including student recruitment, counseling, placement, and 
 74.32  transportation; 
 74.33     (2) coordinate and disseminate information about schools 
 74.34  and programs; 
 74.35     (3) assist districts with new magnet schools and programs; 
 74.36     (4) assist districts in providing staff development and 
 75.1   in-service training; and 
 75.2      (5) coordinate and administer staff exchanges. 
 75.3      (c) The office commissioner shall collect data on the 
 75.4   efficacy of districts' desegregation/integration efforts and 
 75.5   make recommendations based on the data.  The office commissioner 
 75.6   shall periodically consult with the metropolitan council to 
 75.7   coordinate school desegregation/integration efforts with the 
 75.8   housing, social, economic, and infrastructure needs of the 
 75.9   metropolitan area.  The office commissioner shall develop a 
 75.10  process for resolving students' disputes and grievances about 
 75.11  student transfers under a desegregation/integration plan.  
 75.12     Subd. 2.  [COORDINATION.] The commissioner may request 
 75.13  information or assistance from, or contract with, any state or 
 75.14  local agency or officer, local unit of government, or recognized 
 75.15  expert to assist the commissioner in performing the activities 
 75.16  described in subdivision 1.  
 75.17     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 75.18  establish an advisory board composed of: 
 75.19     (1) eight superintendents, each of whom shall be selected 
 75.20  by the superintendents of the school districts located in whole 
 75.21  or in part within each of the eight metropolitan districts 
 75.22  established under section 473.123, subdivision 3c; and 
 75.23     (2) one person each selected by the Indian affairs council, 
 75.24  the council on Asian-Pacific Minnesotans, the council on Black 
 75.25  Minnesotans, and the council on affairs of Chicano/Latino people.
 75.26     The advisory board shall advise the office commissioner on 
 75.27  complying with the requirements under subdivision 1.  The 
 75.28  advisory board may solicit comments from teachers, parents, 
 75.29  students, and interested community organizations and others. 
 75.30     Sec. 31.  Minnesota Statutes 1998, section 124D.894, is 
 75.31  amended to read: 
 75.32     124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 
 75.33  COMMITTEE.] 
 75.34     (a) The commissioner shall appoint a state multicultural 
 75.35  education advisory committee to advise the department and the 
 75.36  state board on multicultural education.  The committee must have 
 76.1   12 members and be composed of representatives from among the 
 76.2   following groups and community organizations:  African-American, 
 76.3   Asian-Pacific, Hispanic, and American Indian. 
 76.4      (b) The state committee shall provide information and 
 76.5   recommendations on: 
 76.6      (1) department procedures for reviewing and approving 
 76.7   district plans and disseminating information on multicultural 
 76.8   education; 
 76.9      (2) department procedures for improving inclusive education 
 76.10  plans, curriculum and instruction improvement plans, and 
 76.11  performance-based assessments; 
 76.12     (3) developing learner outcomes which are multicultural; 
 76.13  and 
 76.14     (4) other recommendations that will further inclusive, 
 76.15  multicultural education. 
 76.16     (c) The committee shall also participate in determining the 
 76.17  criteria for and awarding the grants established under Laws 
 76.18  1993, chapter 224, article 8, section 22, subdivision 8. 
 76.19     Sec. 32.  Minnesota Statutes 1998, section 124D.94, 
 76.20  subdivision 2, is amended to read: 
 76.21     Subd. 2.  [CREATION OF FOUNDATION.] There is created the 
 76.22  Minnesota academic excellence foundation.  The purpose of the 
 76.23  foundation shall be to promote academic excellence in Minnesota 
 76.24  public and nonpublic schools and communities through 
 76.25  public-private partnerships.  The foundation shall be a 
 76.26  nonprofit organization.  The board of directors of the 
 76.27  foundation and foundation activities are under the direction of 
 76.28  the state board of education. 
 76.29     Sec. 33.  Minnesota Statutes 1998, section 124D.94, 
 76.30  subdivision 4, is amended to read: 
 76.31     Subd. 4.  [FOUNDATION PROGRAMS.] The foundation may shall 
 76.32  develop programs that advance the concept of educational 
 76.33  excellence in Minnesota public and nonpublic schools and 
 76.34  communities through public-private partnerships.  These may 
 76.35  include, but are not limited to:  
 76.36     (a) recognition programs and awards for students 
 77.1   demonstrating academic excellence; 
 77.2      (b) summer institute programs for students with special 
 77.3   talents; 
 77.4      (c) recognition programs for teachers, administrators, and 
 77.5   others who contribute to academic excellence; 
 77.6      (d) summer mentorship programs with business and industry 
 77.7   for students with special career interests and high academic 
 77.8   achievements; 
 77.9      (e) governor's awards ceremonies and special campaigns to 
 77.10  promote awareness and expectation for academic achievement; 
 77.11     (f) an academic league to provide organized challenges 
 77.12  requiring cooperation and competition for public and nonpublic 
 77.13  pupils in elementary and secondary schools; 
 77.14     (g) systemic transformation initiatives and assistance and 
 77.15  training to community teams to increase school performance in 
 77.16  the state's education institutions through strategic quality 
 77.17  planning for continuous improvement, empowerment of multiple 
 77.18  stakeholders, validation of results via customer-supplier 
 77.19  relationships, and a total system approach based on best 
 77.20  practices in key process areas; and 
 77.21     (h) activities to measure customer satisfaction for 
 77.22  delivery of services to education institutions in order to plan 
 77.23  for and implement continuous improvement. 
 77.24     To the extent possible, the foundation shall make these 
 77.25  programs available to students in all parts of the state. 
 77.26     Sec. 34.  [REVISOR INSTRUCTION.] 
 77.27     In the next and subsequent editions of Minnesota Statutes 
 77.28  and Minnesota Rules, the revisor of statutes shall renumber each 
 77.29  section of Minnesota Statutes in column A with the number in 
 77.30  column B.  The revisor shall also make necessary cross-reference 
 77.31  changes consistent with the renumbering. 
 77.32  A                          B     
 77.33     
 77.34  124D.35                    124D.46, subd. 5      
 77.35  124D.46, subd. 4           268.665, subd. 7      
 77.36  124D.47, subd. 2           124D.46, subd. 6      
 77.37     Sec. 35.  [REPEALER.] 
 77.38     (a) Minnesota Statutes 1998, sections 124D.02, subdivisions 
 78.1   2, 3, and 4; 124D.03, subdivisions 5, 7, 9, and 10; 124D.05, 
 78.2   subdivision 3; 124D.06; 124D.07; 124D.081, subdivisions 1 and 7; 
 78.3   124D.09, subdivisions 2, 8, 25, and 26; 124D.10, subdivision 13; 
 78.4   124D.115, subdivisions 1 and 2; 124D.116; 124D.118, subdivision 
 78.5   1; 124D.12; 124D.121; 124D.122; 124D.123; 124D.124; 124D.125; 
 78.6   124D.126; 124D.127; 124D.128, subdivisions 1, 2, 3, 4, 5, and 7; 
 78.7   124D.25; 124D.26; 124D.27; 124D.28, subdivision 2; 124D.29, 
 78.8   subdivisions 1, 3, 4, and 5; 124D.30, subdivision 4; 124D.31; 
 78.9   124D.34, subdivision 5; 124D.43; 124D.46, subdivision 3; 
 78.10  124D.47, subdivision 1; 124D.50, subdivisions 1, 2, and 3; 
 78.11  124D.60, subdivision 3; 124D.65, subdivisions 8, 9, and 10; 
 78.12  124D.68, subdivision 1; 124D.72; 124D.81, subdivision 7; 
 78.13  124D.88, subdivision 1; 124D.895; 124D.90, subdivision 5; 
 78.14  124D.91; 124D.92; and 124D.93, are repealed. 
 78.15     (b) Minnesota Statutes 1998, section 124D.128, subdivision 
 78.16  6, is repealed effective July 1, 2001. 
 78.17                             ARTICLE 8 
 78.18                      EDUCATION AND TECHNOLOGY 
 78.19     Section 1.  Minnesota Statutes 1998, section 125B.05, is 
 78.20  amended to read: 
 78.21     125B.05 [COMPUTERIZED STATE INFORMATION SYSTEM.] 
 78.22     Subdivision 1.  [INFORMATION SYSTEM.] The department of 
 78.23  children, families, and learning shall develop and maintain a 
 78.24  computerized an information system for state information needs.  
 78.25     Subd. 2.  [PURPOSES.] The purposes of the computerized 
 78.26  information system shall be:  
 78.27     (a) To provide comparable and accurate educational 
 78.28  information in a manner which is timely and economical; 
 78.29     (b) To ensure accountability for state appropriations; 
 78.30     (c) To collect data to assess the needs of learners and 
 78.31  children; 
 78.32     (d) To provide school districts with an educational 
 78.33  information system capability which will meet school district 
 78.34  management needs; and 
 78.35     (e) To provide for computerized analysis of educational 
 78.36  information to meet the management needs of the state of 
 79.1   Minnesota. 
 79.2      Subd. 3.  [SOFTWARE DEVELOPMENT.] The commissioner may 
 79.3   charge school districts or cooperative units for the actual cost 
 79.4   of software development used by the district or cooperative 
 79.5   unit.  Any amount received is annually appropriated to the 
 79.6   department of children, families, and learning for this 
 79.7   purpose.  A school district or cooperative unit may not 
 79.8   implement a payroll, student, or staff software system after 
 79.9   June 30, 1994, until the system has been reviewed by the 
 79.10  department to ensure that it provides the required data elements 
 79.11  and format. 
 79.12     Sec. 2.  Minnesota Statutes 1998, section 125B.20, is 
 79.13  amended to read: 
 79.14     125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE 
 79.15  COORDINATION.] 
 79.16     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The purpose of 
 79.17  developing a statewide school district telecommunications 
 79.18  network is to expand the availability of a broad range of 
 79.19  courses and degrees to students throughout the state, to share 
 79.20  information resources to improve access, quality, and 
 79.21  efficiency, to improve learning, and distance cooperative 
 79.22  learning opportunities, and to promote the exchange of ideas 
 79.23  among students, parents, teachers, media generalists, 
 79.24  librarians, and the public.  In addition, through the 
 79.25  development of this statewide telecommunications network 
 79.26  emphasizing cost-effective, competitive connections, all 
 79.27  Minnesotans will benefit by enhancing access to 
 79.28  telecommunications technology throughout the state.  Network 
 79.29  connections for school districts and public libraries will be 
 79.30  coordinated and fully integrated into the existing state 
 79.31  telecommunications and interactive television networks to 
 79.32  achieve comprehensive and efficient interconnectivity of school 
 79.33  districts and libraries to higher education institutions, state 
 79.34  agencies, other governmental units, agencies, and institutions 
 79.35  throughout Minnesota.  A school district may apply to the 
 79.36  commissioner for a grant under subdivision 2, and a regional 
 80.1   public library may apply under subdivision 3.  The Minnesota 
 80.2   education telecommunication council established in Laws 1995, 
 80.3   First Special Session chapter 3, article 12, section 7, shall 
 80.4   establish priorities for awarding grants, making grant awards, 
 80.5   and being responsible for the coordination of networks. 
 80.6      Subd. 2.  [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) A 
 80.7   school district may apply for a grant under this subdivision 
 80.8   to:  (1) establish connections among school districts, and 
 80.9   between school districts and the state information 
 80.10  infrastructure administered by the department of administration 
 80.11  under section 16B.465; or (2) if such a connection meeting 
 80.12  minimum electronic connectivity standards is already 
 80.13  established, enhance telecommunications capacity for a school 
 80.14  district.  The minimum standards of capacity are a 56 kilobyte 
 80.15  data line and 768 kilobyte ITV connection, subject to change 
 80.16  based on the recommendations by the Minnesota education 
 80.17  telecommunications council.  A district may submit a grant 
 80.18  application for interactive television with higher capacity 
 80.19  connections in order to maintain multiple simultaneous 
 80.20  connections.  To ensure coordination among school districts, a 
 80.21  school district must submit its grant application to the council 
 80.22  through an organization that coordinates the applications and 
 80.23  connections of at least ten school districts or through an 
 80.24  existing technology cooperative.  
 80.25     (b) The application from a school district must, at a 
 80.26  minimum, contain information to document for each applicant 
 80.27  school district the following: 
 80.28     (1) that the proposed connection meets the minimum 
 80.29  standards and employs an open network architecture that will 
 80.30  ensure interconnectivity and interoperability with other 
 80.31  education institutions and libraries; 
 80.32     (2) that the proposed connection and system will be 
 80.33  connected to the state information infrastructure through the 
 80.34  department of administration under section 16B.465 and that a 
 80.35  network service and management agreement is in place; 
 80.36     (3) that the proposed connection and system will be 
 81.1   connected to the higher education telecommunication network and 
 81.2   that a governance agreement has been adopted which includes 
 81.3   agreements between the school district system, a higher 
 81.4   education regional council, libraries, and coordinating 
 81.5   entities; 
 81.6      (4) the telecommunication vendor selected to provide 
 81.7   service from the district to a state information infrastructure 
 81.8   hub or to a more cost-effective connection point to the state 
 81.9   information infrastructure; and 
 81.10     (5) other information, as determined by the commissioner in 
 81.11  consultation with the education telecommunications council, to 
 81.12  ensure that connections are coordinated, meet state standards 
 81.13  and are cost-effective, and that service is provided in an 
 81.14  efficient and cost-effective manner. 
 81.15     (c) A school district may include, in its grant 
 81.16  application, telecommunications access for collaboration with 
 81.17  nonprofit arts organizations for the purpose of educational 
 81.18  programs, or access for a secondary media center that:  (1) is a 
 81.19  member of a multitype library system; (2) is open during periods 
 81.20  of the year when classroom instruction is occurring; and (3) has 
 81.21  licensed school media staff on site. 
 81.22     (d) (b) The Minnesota education telecommunications council 
 81.23  shall award grants and the funds shall be dispersed by the 
 81.24  commissioner.  The highest priority for these grants shall be to 
 81.25  bring school districts up to the minimum connectivity standards. 
 81.26  A grant to enhance telecommunications capacity beyond the 
 81.27  minimum connectivity standards shall be no more than 75 percent 
 81.28  of the maximum grant under this subdivision.  Grant applications 
 81.29  for minimum connection and enhanced telecommunications capacity 
 81.30  grants must be submitted to the commissioner by a coordinating 
 81.31  organization including, but not limited to, service cooperatives 
 81.32  and education districts.  For the purposes of the grant, a 
 81.33  school district may include a charter school under section 
 81.34  124D.10, or the Faribault academies.  Based on the award made by 
 81.35  the council, all grants under this subdivision shall be paid by 
 81.36  the commissioner directly to a school district (unless this 
 82.1   application requests that the funds be paid to the coordinating 
 82.2   agency).  Nonpublic schools as defined in section 237.065, 
 82.3   subdivision 2, located within the district may access the 
 82.4   network.  The nonpublic school is responsible for actual costs 
 82.5   for connection from the school to the access site. 
 82.6      (e) (c) Money awarded under this section may be used only 
 82.7   for the purposes explicitly stated in the grant application. 
 82.8      Subd. 3.  [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 
 82.9   regional public library system may apply for a telecommunication 
 82.10  access grant.  The grant must be used to create or expand the 
 82.11  capacity of electronic data access and connect the library 
 82.12  system with the state information infrastructure administered by 
 82.13  the department of administration under section 
 82.14  16B.465.  Connections must meet minimum system standards of a 56 
 82.15  kilobyte data line and 768 kilobyte ITV connection.  To be 
 82.16  eligible for a telecommunications access grant, a regional 
 82.17  public library system must:  (1) meet the level of local support 
 82.18  required under section 134.34; and (2) be open at least 20 hours 
 82.19  per week. 
 82.20     (b) Any grant award under this subdivision may not be used 
 82.21  to substitute for any existing local funds allocated to provide 
 82.22  electronic access, or equipment for library staff or the public, 
 82.23  or local funds previously dedicated to other library operations. 
 82.24     (c) An application for a regional public library 
 82.25  telecommunications access grant must, at a minimum, contain 
 82.26  information to document the following: 
 82.27     (1) that the connection meets the minimum standards and 
 82.28  employs an open network architecture that will ensure 
 82.29  interconnectivity and interoperability with other libraries and 
 82.30  the educational system; 
 82.31     (2) that the connection is being established through the 
 82.32  most cost-effective means and that the public library has 
 82.33  explored and coordinated connections through school districts or 
 82.34  other governmental agencies; 
 82.35     (3) that the proposed connection and system will be 
 82.36  connected to the state information infrastructure through the 
 83.1   department of administration under section 16B.465 and that a 
 83.2   network service and management agreement is in place; 
 83.3      (4) that the proposed connection and system will be 
 83.4   connected to the higher education and to the school district 
 83.5   telecommunication networks subject to a governance agreement 
 83.6   with one or more school districts and a higher education 
 83.7   regional council specifying how the system will be coordinated; 
 83.8      (5) the telecommunication vendor selected to provide 
 83.9   service from the library to a state information infrastructure 
 83.10  hub or through a more cost-effective connection point to the 
 83.11  state information infrastructure; and 
 83.12     (6) other information, as determined by the commissioner, 
 83.13  to ensure that connections are coordinated, meet state 
 83.14  standards, are cost-effective, and that service is provided in 
 83.15  an efficient and cost-effective manner so that libraries 
 83.16  throughout the state are connected in as seamless a manner as 
 83.17  technically possible. 
 83.18     Subd. 4.  [AWARD OF GRANTS.] The council shall develop 
 83.19  application forms and procedures for school district minimum 
 83.20  connectivity grants, enhanced telecommunications grants, and 
 83.21  regional library telecommunication access grants.  The council 
 83.22  shall select the grant recipient and shall promptly notify any 
 83.23  applicant that is found not to be qualified.  The commissioner 
 83.24  shall make the grant payments directly to the school district or 
 83.25  regional library system.  At the request of the district, the 
 83.26  commissioner may make the grant payment directly to the 
 83.27  coordinating organization.  If appropriations are insufficient 
 83.28  to fund all applications, the commissioner shall first fully 
 83.29  fund the minimum connectivity grants.  Unsuccessful applicants 
 83.30  may reapply for a grant. 
 83.31     Sec. 3.  [REPEALER.] 
 83.32     Minnesota Statutes 1998, sections 125B.02; 125B.07, 
 83.33  subdivisions 1, 2, 3, 4, 5, and 7; 125B.09; and 125B.11, are 
 83.34  repealed. 
 83.35                             ARTICLE 9 
 83.36                         EDUCATION FUNDING 
 84.1      Section 1.  Minnesota Statutes 1998, section 126C.05, 
 84.2   subdivision 1, is amended to read: 
 84.3      Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
 84.4   Minnesota resident pupil in average daily membership enrolled in 
 84.5   the district of residence, in another district under sections 
 84.6   123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
 84.7   124D.68; in a charter school under section 124D.10; or for whom 
 84.8   the resident district pays tuition under section 123A.18, 
 84.9   123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
 84.10  subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
 84.11  125A.65, shall be counted according to this subdivision.  A 
 84.12  district may not count a person who is over the age of 21 or who 
 84.13  has graduated from high school and is enrolled as a part-time 
 84.14  student in a class or program as a pupil unit. 
 84.15     (a) A prekindergarten pupil with a disability who is 
 84.16  enrolled in a program approved by the commissioner and has an 
 84.17  individual education plan is counted as the ratio of the number 
 84.18  of hours of assessment and education service to 825 with a 
 84.19  minimum of 0.28, but not more than one. 
 84.20     (b) A prekindergarten pupil who is assessed but determined 
 84.21  not to be handicapped is counted as the ratio of the number of 
 84.22  hours of assessment service to 825.  
 84.23     (c) A kindergarten pupil with a disability who is enrolled 
 84.24  in a program approved by the commissioner is counted as the 
 84.25  ratio of the number of hours of assessment and education 
 84.26  services required in the fiscal year by the pupil's individual 
 84.27  education program plan to 875, but not more than one. 
 84.28     (d) A kindergarten pupil who is not included in paragraph 
 84.29  (c) is counted as .53 of a pupil unit for fiscal year 1995 and 
 84.30  thereafter. 
 84.31     (e) A pupil who is in any of grades 1 to 6 is counted as 
 84.32  1.06 pupil units for fiscal year 1995 and thereafter. 
 84.33     (f) A pupil who is in any of grades 7 to 12 is counted as 
 84.34  1.3 pupil units.  
 84.35     (g) A pupil who is in the post-secondary enrollment options 
 84.36  program is counted as 1.3 pupil units. 
 85.1      Sec. 2.  Minnesota Statutes 1998, section 126C.31, is 
 85.2   amended to read: 
 85.3      126C.31 [POLICY.] 
 85.4      Financing the education of our children is one of state 
 85.5   government's most important functions.  In performing this 
 85.6   function, the state seeks to provide sufficient funding while 
 85.7   encouraging equity, accountability, and incentives toward 
 85.8   quality improvement.  To help achieve these goals and to help 
 85.9   control future spending growth, The state will fund core 
 85.10  instruction and related support services, will facilitate 
 85.11  improvement in the quality and delivery of programs and 
 85.12  services, and will equalize revenues raised locally for 
 85.13  discretionary purposes. 
 85.14     Sec. 3.  Minnesota Statutes 1998, section 126C.48, 
 85.15  subdivision 8, is amended to read: 
 85.16     Subd. 8.  [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 
 85.17  Reductions in levies pursuant to sections 126C.48, subdivision 
 85.18  1, and 273.138, must be made prior to the reductions in clause 
 85.19  (2). 
 85.20     (2) Notwithstanding any other law to the contrary, 
 85.21  Districts which received payments pursuant to sections 298.018; 
 85.22  298.23 to 298.28, except an amount distributed under section 
 85.23  298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 
 85.24  298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 
 85.25  upon severed mineral values, or recognized revenue pursuant to 
 85.26  section 477A.15; must not include a portion of these aids in 
 85.27  their permissible levies pursuant to those sections, but instead 
 85.28  must reduce the permissible levies authorized by this chapter 
 85.29  and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A 
 85.30  by the greater of the following: 
 85.31     (a) an amount equal to 50 percent of the total dollar 
 85.32  amount of the payments received pursuant to those sections or 
 85.33  revenue recognized pursuant to section 477A.15 in the previous 
 85.34  fiscal year; or 
 85.35     (b) an amount equal to the total dollar amount of the 
 85.36  payments received pursuant to those sections or revenue 
 86.1   recognized pursuant to section 477A.15 in the previous fiscal 
 86.2   year less the product of the same dollar amount of payments or 
 86.3   revenue times five percent. 
 86.4      (3) No reduction pursuant to this subdivision shall reduce 
 86.5   the levy made by the district pursuant to section 126C.13, to an 
 86.6   amount less than the amount raised by a levy of a net tax rate 
 86.7   of 6.82 percent times the adjusted net tax capacity for taxes 
 86.8   payable in 1990 and thereafter of that district for the 
 86.9   preceding year as determined by the commissioner.  The amount of 
 86.10  any increased levy authorized by referendum pursuant to section 
 86.11  126C.17, subdivision 9, shall not be reduced pursuant to this 
 86.12  subdivision.  The amount of any levy authorized by section 
 86.13  126C.43, to make payments for bonds issued and for interest 
 86.14  thereon, shall not be reduced pursuant to this subdivision.  
 86.15     (4) Before computing the reduction pursuant to this 
 86.16  subdivision of the health and safety levy authorized by sections 
 86.17  123B.57 and 126C.40, subdivision 5, the commissioner shall 
 86.18  ascertain from each affected school district the amount it 
 86.19  proposes to levy under each section or subdivision.  The 
 86.20  reduction shall be computed on the basis of the amount so 
 86.21  ascertained. 
 86.22     (5) Notwithstanding any law to the contrary, Any amounts 
 86.23  received by districts in any fiscal year pursuant to sections 
 86.24  298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 
 86.25  298.405; or any law imposing a tax on severed mineral values; 
 86.26  and not deducted from general education aid pursuant to section 
 86.27  126C.21, subdivision 4, clause (2), and not applied to reduce 
 86.28  levies pursuant to this subdivision shall be paid by the 
 86.29  district to the St. Louis county auditor in the following amount 
 86.30  by March 15 of each year, the amount required to be subtracted 
 86.31  from the previous fiscal year's general education aid pursuant 
 86.32  to section 126C.21, subdivision 4, which is in excess of the 
 86.33  general education aid earned for that fiscal year.  The county 
 86.34  auditor shall deposit any amounts received pursuant to this 
 86.35  clause in the St. Louis county treasury for purposes of paying 
 86.36  the taconite homestead credit as provided in section 273.135. 
 87.1      Sec. 4.  [REPEALER.] 
 87.2      Minnesota Statutes 1998, section 126C.15, subdivisions 4 
 87.3   and 5, are repealed. 
 87.4                              ARTICLE 10 
 87.5                  STATE ADMINISTRATION OF EDUCATION 
 87.6      Section 1.  Minnesota Statutes 1998, section 127A.05, 
 87.7   subdivision 1, is amended to read: 
 87.8      Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
 87.9   shall be under the administrative control of the commissioner of 
 87.10  children, families, and learning which office is established.  
 87.11  The commissioner shall be the secretary of the state board.  The 
 87.12  governor shall appoint the commissioner under the provisions of 
 87.13  section 15.06.  
 87.14     The commissioner shall be a person who possesses 
 87.15  educational attainment and breadth of experience in the 
 87.16  administration of public education and of the finances 
 87.17  pertaining thereto commensurate with the spirit and intent of 
 87.18  this code.  Notwithstanding any other law to the contrary, the 
 87.19  commissioner may appoint two deputy commissioners who shall 
 87.20  serve in the unclassified service.  The commissioner shall also 
 87.21  appoint other employees as may be necessary for the organization 
 87.22  of the department.  The commissioner shall perform such duties 
 87.23  as the law and the rules of the state board may provide and be 
 87.24  held responsible for the efficient administration and discipline 
 87.25  of the department.  The commissioner shall make recommendations 
 87.26  to the board and be charged with the execution of powers and 
 87.27  duties which the state board may prescribe, from time to time, 
 87.28  to promote public education in the state, to safeguard the 
 87.29  finances pertaining thereto, and to enable the state board to 
 87.30  carry out its duties.  
 87.31     Sec. 2.  Minnesota Statutes 1998, section 127A.05, 
 87.32  subdivision 3, is amended to read: 
 87.33     Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
 87.34  EDUCATIONAL AGENCIES.] The commissioner of children, families, 
 87.35  and learning shall adopt goals for and exercise general 
 87.36  supervision over public schools and other public educational 
 88.1   agencies in the state, classify and standardize public 
 88.2   elementary and secondary schools, and prepare for them outlines 
 88.3   and suggested courses of study.  The commissioner shall develop 
 88.4   a plan to attain the adopted goals.  The commissioner may 
 88.5   recognize educational accrediting agencies for the sole purposes 
 88.6   of sections 120A.22, 120A.24, and 120A.26. 
 88.7      Sec. 3.  Minnesota Statutes 1998, section 127A.05, 
 88.8   subdivision 4, is amended to read: 
 88.9      Subd. 4.  [ADMINISTRATIVE RULES.] The commissioner may 
 88.10  adopt new rules and amend them or amend any existing rules only 
 88.11  under specific authority.  The commissioner may repeal any 
 88.12  existing rules.  Notwithstanding the provisions of section 
 88.13  14.05, subdivision 4, the commissioner may grant a variance to 
 88.14  rules adopted by the commissioner upon application by a school 
 88.15  district for purposes of implementing experimental programs in 
 88.16  learning or school management.  This subdivision shall not 
 88.17  prohibit the commissioner from making technical changes or 
 88.18  corrections to adopted rules. 
 88.19     Sec. 4.  Minnesota Statutes 1998, section 127A.06, is 
 88.20  amended to read: 
 88.21     127A.06 [RECOMMENDATIONS; BUDGET.] 
 88.22     The commissioner of children, families, and learning shall 
 88.23  recommend to the governor and legislature such modification and 
 88.24  unification of laws relating to the state system of education as 
 88.25  shall make those laws more readily understood and more effective 
 88.26  in execution.  The commissioner of children, families, and 
 88.27  learning shall prepare a biennial education budget which shall 
 88.28  be submitted to the governor and legislature, such budget to 
 88.29  contain a complete statement of finances pertaining to the 
 88.30  maintenance operations of the state department and to the 
 88.31  distribution of state aid.  
 88.32     Sec. 5.  Minnesota Statutes 1998, section 127A.41, 
 88.33  subdivision 7, is amended to read: 
 88.34     Subd. 7.  [SCHEDULE ADJUSTMENTS.] (a) It is the intention 
 88.35  of the legislature to encourage efficient and effective use of 
 88.36  staff and facilities by districts.  Districts are encouraged to 
 89.1   consider both cost and energy saving measures. 
 89.2      (b) Any district operating a program pursuant to sections 
 89.3   124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 
 89.4   operating a commissioner-designated area learning center program 
 89.5   under section 123A.09, or that otherwise receives the approval 
 89.6   of the commissioner to operate its instructional program to 
 89.7   avoid an aid reduction in any year, may adjust the annual school 
 89.8   schedule for that program throughout the calendar year.  
 89.9      Sec. 6.  Minnesota Statutes 1998, section 127A.42, 
 89.10  subdivision 2, is amended to read: 
 89.11     Subd. 2.  [VIOLATIONS OF LAW.] The commissioner shall 
 89.12  reduce the district's special state aid for any school year 
 89.13  whenever the board of the district authorizes or permits 
 89.14  violations of law within the district by:. 
 89.15     (1) employing a teacher who does not hold a valid teaching 
 89.16  license or permit in a public school; 
 89.17     (2) noncompliance with a mandatory rule of general 
 89.18  application promulgated by the state board in accordance with 
 89.19  statute, unless special circumstances make enforcement 
 89.20  inequitable, impose an extraordinary hardship on the district, 
 89.21  or the rule is contrary to the district's best interests; 
 89.22     (3) the district's continued performance of a contract made 
 89.23  for the rental of rooms or buildings for school purposes or for 
 89.24  the rental of any facility owned or operated by or under the 
 89.25  direction of any private organization, if the contract has been 
 89.26  disapproved, the time for review of the determination of 
 89.27  disapproval has expired, and no proceeding for review is 
 89.28  pending; 
 89.29     (4) any practice which is a violation of sections 1 and 2 
 89.30  of article 13 of the Constitution of the state of Minnesota; 
 89.31     (5) failure to reasonably provide for a resident pupil's 
 89.32  school attendance under Minnesota Statutes; or 
 89.33     (6) noncompliance with state laws prohibiting 
 89.34  discrimination because of race, color, creed, religion, national 
 89.35  origin, sex, age, marital status, status with regard to public 
 89.36  assistance or disability, as defined in section 363.03. 
 90.1   The reduction must be made in the amount and upon the procedure 
 90.2   provided in this section or, in the case of the violation stated 
 90.3   in clause (1), upon the procedure provided in section 127A.43.  
 90.4      Sec. 7.  [REPEALER.] 
 90.5      Minnesota Statutes 1998, sections 127A.05, subdivision 5; 
 90.6   and 127A.41, subdivision 4, are repealed. 
 90.7                              ARTICLE 11 
 90.8                          HIGH SCHOOL LEAGUE 
 90.9      Section 1.  Minnesota Statutes 1998, section 129C.10, 
 90.10  subdivision 3, is amended to read: 
 90.11     Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
 90.12  the powers necessary for the care, management, and control of 
 90.13  the Lola and Rudy Perpich Minnesota center for arts education 
 90.14  and all its real and personal property.  The powers shall 
 90.15  include, but are not limited to, those listed in this 
 90.16  subdivision. 
 90.17     (b) The board may employ and discharge necessary employees, 
 90.18  and contract for other services to ensure the efficient 
 90.19  operation of the center for arts education. 
 90.20     (c) The board may receive and award grants.  The board may 
 90.21  establish a charitable foundation and accept, in trust or 
 90.22  otherwise, any gift, grant, bequest, or devise for educational 
 90.23  purposes and hold, manage, invest, and dispose of them and the 
 90.24  proceeds and income of them according to the terms and 
 90.25  conditions of the gift, grant, bequest, or devise and its 
 90.26  acceptance.  The board must adopt internal procedures to 
 90.27  administer and monitor aids and grants. 
 90.28     (d) The board may establish or coordinate evening, 
 90.29  continuing education, extension, and summer programs for 
 90.30  teachers and pupils. 
 90.31     (e) The board may identify pupils who have artistic talent, 
 90.32  either demonstrated or potential, in dance, literary arts, media 
 90.33  arts, music, theater, and visual arts, or in more than one art 
 90.34  form. 
 90.35     (f) The board must educate pupils with artistic talent by 
 90.36  providing:  
 91.1      (1) an interdisciplinary academic and arts program for 
 91.2   pupils in the 11th and 12th grades.  The total number of pupils 
 91.3   accepted under this clause and clause (2) shall not exceed 300; 
 91.4      (2) additional instruction to pupils for a 13th grade. 
 91.5   Pupils eligible for this instruction are those enrolled in 12th 
 91.6   grade who need extra instruction and who apply to the board, or 
 91.7   pupils enrolled in the 12th grade who do not meet learner 
 91.8   outcomes established by the board; 
 91.9      (3) intensive arts seminars for one or two weeks for pupils 
 91.10  in grades 9 to 12; 
 91.11     (4) summer arts institutes for pupils in grades 9 to 12; 
 91.12     (5) artist mentor and extension programs in regional sites; 
 91.13  and 
 91.14     (6) teacher education programs for indirect curriculum 
 91.15  delivery. 
 91.16     (g) The board may determine the location for the Lola and 
 91.17  Rudy Perpich Minnesota center for arts education and any 
 91.18  additional facilities related to the center, including the 
 91.19  authority to lease a temporary facility. 
 91.20     (h) (e) The board must plan for the enrollment of pupils on 
 91.21  an equal basis from each congressional district.  
 91.22     (i) The board may establish task forces as needed to advise 
 91.23  the board on policies and issues.  The task forces expire as 
 91.24  provided in section 15.059, subdivision 6.  
 91.25     (j) The board may request the commissioner of children, 
 91.26  families, and learning for assistance and services. 
 91.27     (k) The board may enter into contracts with other public 
 91.28  and private agencies and institutions for residential and 
 91.29  building maintenance services if it determines that these 
 91.30  services could be provided more efficiently and less expensively 
 91.31  by a contractor than by the board itself.  The board may also 
 91.32  enter into contracts with public or private agencies and 
 91.33  institutions, school districts or combinations of school 
 91.34  districts, or service cooperatives to provide supplemental 
 91.35  educational instruction and services. 
 91.36     (l) The board may provide or contract for services and 
 92.1   programs by and for the center for arts education, including a 
 92.2   store, operating in connection with the center; theatrical 
 92.3   events; and other programs and services that, in the 
 92.4   determination of the board, serve the purposes of the center. 
 92.5      (m) (f) The board may provide for transportation of pupils 
 92.6   to and from the center for arts education for all or part of the 
 92.7   school year, as the board considers advisable and subject to its 
 92.8   rules.  Notwithstanding any other law to the contrary, and the 
 92.9   board may charge a reasonable fee for transportation of pupils.  
 92.10  Every driver providing transportation of pupils under this 
 92.11  paragraph must possess all qualifications required by the state 
 92.12  board of education.  The board may contract for furnishing 
 92.13  authorized transportation under rules established by the 
 92.14  commissioner of children, families, and learning and may 
 92.15  purchase and furnish gasoline to a contract carrier for use in 
 92.16  the performance of a contract with the board for transportation 
 92.17  of pupils to and from the center for arts education.  When 
 92.18  transportation is provided, scheduling of routes, establishment 
 92.19  of the location of bus stops, the manner and method of 
 92.20  transportation, the control and discipline of pupils, and any 
 92.21  other related matter is within the sole discretion, control, and 
 92.22  management of the board. 
 92.23     (n) (g) The board may provide room and board for its pupils.
 92.24  If the board provides room and board, it shall charge a 
 92.25  reasonable fee for the room and board.  The fee is not subject 
 92.26  to chapter 14 and is not a prohibited fee according to sections 
 92.27  123B.34 to 123B.39.  
 92.28     (o) (h) The board may establish and set fees for services 
 92.29  and programs.  If the board sets fees not authorized or 
 92.30  prohibited by the Minnesota public school fee law, it may do so 
 92.31  without complying with the requirements of section 123B.38.  
 92.32     (p) The board may apply for all competitive grants 
 92.33  administered by agencies of the state and other government or 
 92.34  nongovernment sources.