SF 1393

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am

A bill for an act
relating to education; reducing mandates on school districts; amending
Minnesota Statutes 2008, sections 13D.02; 120A.42; 120B.021, subdivision 1;
121A.035, subdivision 2; 121A.037; 121A.26; 121A.27; 121A.28; 121A.29,
subdivision 1; 121A.41, subdivision 10; 122A.44, subdivision 2; 122A.48,
subdivisions 2, 5; 123A.19, subdivision 2; 123A.30, subdivision 6; 123B.04,
subdivision 2; 123B.10; 123B.143, subdivision 1; 123B.71, subdivisions 1, 9;
123B.90, subdivision 2; 124D.122; 126C.44; 177.42, subdivision 2; 179A.03,
subdivision 14; 179A.18, subdivision 2; repealing Minnesota Statutes 2008,
sections 120A.41; 120B.11; 120B.39; 121A.06; 121A.21; 121A.30; 122A.32;
122A.50; 122A.51; 122A.61; 122A.628; 122A.75; 123A.19, subdivisions 3,
4; 123A.33; 123B.02, subdivision 15; 123B.05; 123B.71, subdivisions 8, 11,
12; 123B.76, subdivision 3; 123B.92, subdivision 5; 179A.07, subdivision 6;
256.962, subdivision 6.

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

Section 1.

Minnesota Statutes 2008, section 13D.02, is amended to read:

13D.02 MEETINGS CONDUCTED BY INTERACTIVE TV new text begin OR OTHER
AVAILABLE ELECTRONIC MEANS new text end ; CONDITIONS.

Subdivision 1.

Conditions.

A meeting governed by section 13D.01, subdivisions 1,
2, 4, and 5, and this section may be conducted by interactive television new text begin or other available
electronic means new text end so long as:

(1) all members of the body participating in the meeting, wherever their physical
location, can hear and see one another and can hear and see all discussion and testimony
presented at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can
hear and see all discussion and testimony and all votes of members of the body;

(3) at least one member of the body is physically present at the regular meeting
location; and

(4) each location at which a member of the body is present is open and accessible
to the public.

Subd. 2.

Members are present for quorum, participation.

Each member of a
body participating in a meeting by electronic means is considered present at the meeting
for purposes of determining a quorum and participating in all proceedings.

Subd. 3.

Monitoring from remote site; costs.

If interactive television new text begin or other
available electronic means new text end is used to conduct a meeting, to the extent practical, a public
body shall allow a person to monitor the meeting electronically from a remote location.
The body may require the person making such a connection to pay for documented
marginal costs that the public body incurs as a result of the additional connection.

Subd. 4.

Notice of regular and all member sites.

If interactive television new text begin or other
available electronic means new text end is used to conduct a regular, special, or emergency meeting,
the public body shall provide notice of the regular meeting location and notice of any site
where a member of the public body will be participating in the meeting by interactive
television new text begin or other available electronic means new text end . The timing and method of providing notice
must be as described in section 13D.04.

Sec. 2.

Minnesota Statutes 2008, section 120A.42, is amended to read:

120A.42 CONDUCT OF SCHOOL ON CERTAIN HOLIDAYS.

The governing body of any district may contract with any of the teachers of the
district for the conduct of schools, and may conduct schools, on either, or any, of the
following holidays, provided that a clause to this effect is inserted in the teacher's contract:
Martin Luther King's birthday, Lincoln's and Washington's birthdays, Columbus Day
and Veterans' Day. On Martin Luther King's birthday, Washington's birthday, Lincoln's
birthday, and Veterans' Day at least one hour of the school program deleted text begin must deleted text end new text begin may new text end be devoted
to a patriotic observance of the day.

Sec. 3.

Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship;

(5) health and physical education, for which locally developed academic standards
apply; and

(6) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer deleted text begin at
least three deleted text end and require at least two of the following deleted text begin four deleted text end new text begin five new text end arts areas: new text begin media arts; new text end dance;
music; theater; and visual arts. Public high schools must offer deleted text begin at least three deleted text end and require at
least one of the following five arts areas: media arts; dance; music; theater; and visual arts.

The commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.

For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate.
An individualized education plan team that makes this determination must establish
alternative standards.

A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.

Sec. 4.

Minnesota Statutes 2008, section 121A.035, subdivision 2, is amended to read:

Subd. 2.

School district and charter school policy.

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

Sec. 5.

Minnesota Statutes 2008, section 121A.037, is amended to read:

121A.037 SCHOOL SAFETY DRILLS.

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

Sec. 6.

Minnesota Statutes 2008, section 121A.26, is amended to read:

121A.26 SCHOOL PREASSESSMENT TEAMS.

Every public school, and every nonpublic school that participates in a school district
chemical abuse program deleted text begin shall deleted text end new text begin may new text end establish a chemical abuse preassessment team.
The preassessment team must be composed of classroom teachers, administrators, and
to the extent they exist in each school, school nurse, school counselor or psychologist,
social worker, chemical abuse specialist, and other appropriate professional staff. The
superintendents or their designees shall designate the team members in the public schools.
The preassessment team is responsible for addressing reports of chemical abuse problems
and making recommendations for appropriate responses to the individual reported cases.

Within 45 days after receiving an individual reported case, the preassessment
team shall make a determination whether to provide the student and, in the case of a
minor, the student's parents with information about school and community services in
connection with chemical abuse. Data may be disclosed without consent in health and
safety emergencies pursuant to section 13.32 and applicable federal law and regulations.

Notwithstanding section 138.163, destruction of records identifying individual
students shall be governed by this section. If the preassessment team decides not to
provide a student and, in the case of a minor, the student's parents with information about
school or community services in connection with chemical abuse, records created or
maintained by the preassessment team about the student shall be destroyed not later than
six months after the determination is made. If the preassessment team decides to provide a
student and, in the case of a minor, the student's parents with information about school or
community services in connection with chemical abuse, records created or maintained by
the preassessment team about the student shall be destroyed not later than six months after
the student is no longer enrolled in the district.

Sec. 7.

Minnesota Statutes 2008, section 121A.27, is amended to read:

121A.27 SCHOOL AND COMMUNITY ADVISORY TEAM.

The superintendent, with the advice of the school board, deleted text begin shall deleted text end new text begin may new text end establish a school
and community advisory team to address chemical abuse problems in the district. The
school and community advisory team must be composed of representatives from the
school preassessment team established in section 121A.26, to the extent possible, law
enforcement agencies, county attorney's office, social service agencies, chemical abuse
treatment programs, parents, and the business community. The community advisory
team shall:

(1) build awareness of the problem within the community, identify available
treatment and counseling programs for students and develop good working relationships
and enhance communication between the schools and other community agencies; and

(2) develop a written procedure clarifying the notification process to be used by the
chemical abuse preassessment team established under section 121A.26 when a student is
believed to be in possession of or under the influence of alcohol or a controlled substance.
The procedure must include contact with the student, and the student's parents or guardian
in the case of a minor student.

Sec. 8.

Minnesota Statutes 2008, section 121A.28, is amended to read:

121A.28 LAW ENFORCEMENT RECORDS.

A law enforcement agency shall provide notice of any drug incident occurring
within the agency's jurisdiction, in which the agency has probable cause to believe a
student violated section 152.021, 152.022, 152.023, 152.024, 152.025, 152.0262, 152.027,
152.092, 152.097, or 340A.503, subdivision 1, 2, or 3. The notice shall be in writing
and shall be provided, within two weeks after an incident occurs, to the chemical abuse
preassessment team new text begin or the school's principal new text end in the school where the student is enrolled.

Sec. 9.

Minnesota Statutes 2008, section 121A.29, subdivision 1, is amended to read:

Subdivision 1.

Teacher's duty.

A teacher in a nonpublic school participating in
a school district chemical use program, or a public school teacher, who knows or has
reason to believe that a student is using, possessing, or transferring alcohol or a controlled
substance while on the school premises or involved in school-related activities, shall
immediately notify the school's chemical abuse preassessment team new text begin or the school's
principal new text end of this information. A teacher who complies with this section shall be defended
and indemnified under section 466.07, subdivision 1, in any action for damages arising out
of the compliance.

Sec. 10.

Minnesota Statutes 2008, section 121A.41, subdivision 10, is amended to read:

Subd. 10.

Suspension.

"Suspension" means an action by the school administration,
under rules promulgated by the school board, prohibiting a pupil from attending school
for a period of no more than ten school days. If a suspension is longer than five days,
the suspending administrator must provide the superintendent with a reason for the
longer suspension. This definition does not apply to dismissal from school for one school
day or less, except as provided in federal law for a student with a disability. Each
suspension action may include a readmission plan. The readmission plan shall include,
where appropriate, a provision for implementing alternative educational services upon
readmission and may not be used to extend the current suspension. Consistent with section
125A.091, subdivision 5, the readmission plan must not obligate a parent to provide a
sympathomimetic medication for the parent's child as a condition of readmission. The
school administration may not impose consecutive suspensions against the same pupil
for the same course of conduct, or incident of misconduct, except where the pupil will
create an immediate and substantial danger to self or to surrounding persons or property,
or where the district is in the process of initiating an expulsion, in which case the school
administration may extend the suspension to a total of 15 days. In the case of a student
with a disability, the deleted text begin student's individual education plan team must meet immediately
but not more than ten school days after the date on which the decision to remove the
student from the student's current education placement is made. The individual education
plan team and other qualified personnel shall at that meeting: conduct a review of the
relationship between the child's disability and the behavior subject to disciplinary action;
and determine the appropriateness of the child's education plan. deleted text end new text begin suspension must be
administered in conformity with this section and federal special education law.
new text end

deleted text begin The requirements of the individual education plan team meeting apply when:
deleted text end

deleted text begin (1) the parent requests a meeting;
deleted text end

deleted text begin (2) the student is removed from the student's current placement for five or more
consecutive days; or
deleted text end

deleted text begin (3) the student's total days of removal from the student's placement during the
school year exceed ten cumulative days in a school year. The school administration shall
implement alternative educational services when the suspension exceeds five days. A
separate administrative conference is required for each period of suspension.
deleted text end

Sec. 11.

Minnesota Statutes 2008, section 122A.44, subdivision 2, is amended to read:

Subd. 2.

Hiring substitute teachers.

(a) The board must not hire a substitute
teacher except:

(1) For a duration of time of less than one school year to replace a regular teacher
who is absent; or

(2) For a duration of time equal to or greater than one school year to replace a
regular teacher on a leave of absence.

(b) If a substitute teacher is hired pursuant to paragraph (a), clause (2), each full
school year during which the teacher is employed by a district pursuant to that clause deleted text begin shall deleted text end new text begin
may new text end be deemed one year of the teacher's probationary period of employment pursuant
to either section 122A.40, subdivision 5, or 122A.41, subdivision 2 new text begin , if approved by the
board new text end . The teacher deleted text begin shall deleted text end new text begin may new text end be eligible for continuing contract status pursuant to section
122A.40, subdivision 7, or tenure status pursuant to section 122A.41, subdivision 4, deleted text begin after
completion of the applicable probationary period deleted text end new text begin if approved by the board new text end .

Sec. 12.

Minnesota Statutes 2008, section 122A.48, subdivision 2, is amended to read:

Subd. 2.

Retirement.

For purposes of this section, "retirement" means termination
of services in the employing district new text begin at the end of the school year that is scheduled for
student instruction new text end and withdrawal from active teaching service.

Sec. 13.

Minnesota Statutes 2008, section 122A.48, subdivision 5, is amended to read:

Subd. 5.

Applications.

A teacher meeting the requirements of subdivision 1 may
apply to the school board of the employing district for a contract for termination of services new text begin
at the end of the school year that is scheduled for student instruction new text end , withdrawal from
active teaching service, and payment of an early retirement incentive. This application
must be submitted on or before February 1 of the school year at the end of which the
teacher wishes to retire. A school board must approve or deny the application within
30 days after it is received by the board. The amount of the early retirement incentive
shall be agreed upon between the teacher and the school board. The early retirement
incentive shall be paid by the employing district at the time and in the manner mutually
agreed upon by a teacher and the board.

Sec. 14.

Minnesota Statutes 2008, section 123A.19, subdivision 2, is amended to read:

Subd. 2.

Negotiated plan for filling positions.

The boards in all member districts
and exclusive bargaining representatives of the teachers in all member districts may
negotiate a plan for filling positions resulting from implementation of the education
district agreement. If the plan is negotiated among the member districts and the exclusive
bargaining representative of each member district and unanimously agreed upon, in
writing, the education district must include the plan in the education district agreement.
deleted text begin If a plan is not negotiated, the education district is governed by subdivision 3.
deleted text end

Sec. 15.

Minnesota Statutes 2008, section 123A.30, subdivision 6, is amended to read:

Subd. 6.

Severance pay.

A district deleted text begin must deleted text end new text begin may new text end pay severance pay to a teacher who
is placed on unrequested leave of absence by the district as a result of the agreement. A
teacher is eligible under this subdivision if the teacher:

(1) is a teacher, but not a superintendent;

(2) has a continuing contract with the district according to section 122A.40,
subdivision 7.

The amount of severance pay must be equal to the teacher's salary for the school
year during which the teacher was placed on unrequested leave of absence minus the gross
amount the teacher was paid during the 12 months following the teacher's termination
of salary, by an entity whose teachers by statute or rule must possess a valid Minnesota
teaching license, and minus the amount a teacher receives as severance or other similar
pay according to a contract with the district or district policy. These entities requiring a
valid Minnesota teaching license include, but are not limited to, the district that placed
the teacher on unrequested leave of absence, another district in Minnesota, an education
district, an intermediate school district, a service cooperative, a board formed under
section 471.59, a state residential academy, the Perpich Center for Arts Education, a
vocational center, or a special education cooperative. These entities do not include a
district in another state, a Minnesota public postsecondary institution, or a state agency.
Only amounts earned by the teacher as a substitute teacher or in a position requiring a
valid Minnesota teaching license shall be subtracted. A teacher may decline any offer of
employment as a teacher without loss of rights to severance pay.

To determine the amount of severance pay that is due for the first six months
following termination of the teacher's salary, the district may require the teacher to provide
documented evidence of the teacher's employers and gross earnings during that period.
The district must pay the teacher the amount of severance pay it determines to be due from
the proceeds of the levy for this purpose. To determine the amount of severance pay
that is due for the second six months of the 12 months following the termination of the
teacher's salary, the district may require the teacher to provide documented evidence of
the teacher's employers and gross earnings during that period. The district must pay
the teacher the amount of severance pay it determines to be due from the proceeds of
the levy for this purpose.

A teacher who receives severance pay under this subdivision waives all further
reinstatement rights under section 122A.40, subdivision 10 or 11. If the teacher receives
severance pay, the teacher shall not receive credit for any years of service in the district
paying severance pay prior to the year in which the teacher becomes eligible to receive
severance pay.

The severance pay is subject to section 465.72. The district may levy annually
according to section 126C.43, for the severance pay.

Sec. 16.

Minnesota Statutes 2008, section 123B.04, subdivision 2, is amended to read:

Subd. 2.

Agreement.

(a) deleted text begin Upon the request of 60 percent of the licensed employees
of a site or a school site decision-making team, deleted text end The school board deleted text begin shall deleted text end new text begin may new text end enter into
discussions to reach an agreement concerning the governance, management, or control
of deleted text begin the deleted text end new text begin a new text end school. A school site decision-making team may include the school principal,
teachers in the school or their designee, other employees in the school, representatives of
pupils in the school, or other members in the community. A school site decision-making
team must include at least one parent of a pupil in the school. For purposes of formation
of a new site, a school site decision-making team may be a team of teachers that is
recognized by the board as a site. The school site decision-making team shall include the
school principal or other person having general control and supervision of the school. The
site decision-making team must reflect the diversity of the education site. At least one-half
of the members shall be employees of the district, unless an employee is the parent of a
student enrolled in the school site, in which case the employee may elect to serve as a
parent member of the site team.

(b) School site decision-making agreements must delegate powers, duties, and
broad management responsibilities to site teams and involve staff members, students as
appropriate, and parents in decision making.

(c) An agreement shall include a statement of powers, duties, responsibilities, and
authority to be delegated to and within the site.

(d) An agreement may include:

(1) an achievement contract according to subdivision 4;

(2) a mechanism to allow principals, a site leadership team, or other persons having
general control and supervision of the school, to make decisions regarding how financial
and personnel resources are best allocated at the site and from whom goods or services
are purchased;

(3) a mechanism to implement parental involvement programs under section
124D.895 and to provide for effective parental communication and feedback on this
involvement at the site level;

(4) a provision that would allow the team to determine who is hired into licensed
and nonlicensed positions;

(5) a provision that would allow teachers to choose the principal or other person
having general control;

(6) an amount of revenue allocated to the site under subdivision 3; and

(7) any other powers and duties determined appropriate by the board.

The school board of the district remains the legal employer under clauses (4) and (5).

(e) Any powers or duties not delegated to the school site management team in the
school site management agreement shall remain with the school board.

(f) Approved agreements shall be filed with the commissioner. If a school board
denies a request or the school site and school board fail to reach an agreement to enter
into a school site management agreement, the school board shall provide a copy of the
request and the reasons for its denial to the commissioner.

(g) A site decision-making grant program is established, consistent with this
subdivision, to allow sites to implement an agreement that at least:

(1) notwithstanding subdivision 3, allocates to the site all revenue that is attributable
to the students at that site;

(2) includes a provision, consistent with current law and the collective bargaining
agreement in effect, that allows the site team to decide who is selected from within the
district for licensed and nonlicensed positions at the site and to make staff assignments
in the site; and

(3) includes a completed performance agreement under subdivision 4.

The commissioner shall establish the form and manner of the application for a grant
and annually, at the end of each fiscal year, report to the house of representatives and
senate committees having jurisdiction over education on the progress of the program.

Sec. 17.

Minnesota Statutes 2008, section 123B.10, is amended to read:

123B.10 deleted text begin PUBLICATION deleted text end new text begin POSTING new text end OF FINANCIAL INFORMATION.

Subdivision 1.

Budgets; form of notification.

(a) Every board must deleted text begin publish deleted text end new text begin provide new text end
revenue and expenditure budgets for the current year and the actual revenues, expenditures,
fund balances for the prior year and projected fund balances for the current year in a form
prescribed by the commissioner within one week of the acceptance of the final audit by
the board, or November 30, whichever is earlier. The forms prescribed must be designed
so that year to year comparisons of revenue, expenditures and fund balances can be made.

(b) A school board annually must notify the public of its revenue, expenditures, fund
balances, and other relevant budget information. The board must include the budget
information required by this section in the materials provided as a part of its truth in
taxation hearing, new text begin and new text end post the materials in a conspicuous place on the district's official Web
site, including a link to the district's school report card on the Department of Education's
Web site deleted text begin , and publish deleted text end new text begin . A summary statement informing the public of new text end the information
new text begin posted on the Web site and the Web site address must be published annually new text end in a qualified
newspaper of general circulation in the district.

Subd. 2.

Debt summary.

The board must also deleted text begin publish deleted text end new text begin post new text end at the same time a
summary of bonds outstanding, paid, and sold; a summary of orders not paid for want of
funds; certificates of indebtedness for the year ending June 30; the statutory operating debt
of the district as defined and certified pursuant to section 123B.81; and the balance amount
of the reserved fund balance reserve account for purposes of statutory operating debt
reduction established pursuant to sections 126C.40 to 126C.45, 126C.48, and 124D.22.

Subd. 3.

Budget inspection.

A statement must be included in the publication
that the complete budget in detail may be inspected by any resident of the district upon
request to the chief school administrator.

Subd. 4.

Cost per pupil.

The board must also deleted text begin publish deleted text end new text begin post new text end at the same time the
average cost per pupil in average daily membership educated in that district in the
preceding year. This computation must be made exclusive of debt service or capital outlay
costs.

Sec. 18.

Minnesota Statutes 2008, section 123B.143, subdivision 1, is amended to read:

Subdivision 1.

Contract; duties.

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

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

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

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

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

deleted text begin (5) by January 10, submit an annual report to the commissioner in a manner
prescribed by the commissioner, in consultation with school districts, identifying the
expenditures that the district requires to ensure an 80 percent student passage rate on
the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the
district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of
expenditures that the district requires to attain the targeted student passage rate; and
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end perform other duties prescribed by the board.

Sec. 19.

Minnesota Statutes 2008, section 123B.71, subdivision 1, is amended to read:

Subdivision 1.

Consultation.

A school district shall consult with the commissioner
of education before developing any plans and specifications to construct, remodel, or
improve the building or site of an educational facility for which the estimated cost exceeds
$250,000. This consultation shall occur before a referendum for bonds, solicitation
for bids, or use of capital expenditure facilities revenue according to section 126C.10,
subdivision 14, clause (2). The commissioner may require the district to participate in a
management assistance plan deleted text begin before conducting a review and comment on the project deleted text end .

Sec. 20.

Minnesota Statutes 2008, section 123B.71, subdivision 9, is amended to read:

Subd. 9.

Information required.

A school board proposing to construct a facility
deleted text begin described in subdivision 8 deleted text end new text begin that requires an expenditure in excess of $500,000 per school
site new text end shall submit to the commissioner a proposal containing information including at
least the following:

(1) the geographic area and population to be served, preschool through grade 12
student enrollments for the past five years, and student enrollment projections for the
next five years;

(2) a list of existing facilities by year constructed, their uses, and an assessment of
the extent to which alternate facilities are available within the school district boundaries
and in adjacent school districts;

(3) a list of the specific deficiencies of the facility that demonstrate the need for a
new or renovated facility to be provided, and a list of the specific benefits that the new
or renovated facility will provide to the students, teachers, and community users served
by the facility;

(4) the relationship of the project to any priorities established by the school district,
educational cooperatives that provide support services, or other public bodies in the
service area;

(5) a specification of how the project will increase community use of the facility
and whether and how the project will increase collaboration with other governmental or
nonprofit entities;

(6) a description of the project, including the specification of site and outdoor space
acreage and square footage allocations for classrooms, laboratories, and support spaces;
estimated expenditures for the major portions of the project; and the dates the project will
begin and be completed;

(7) a specification of the source of financing the project; the scheduled date for
a bond issue or school board action; a schedule of payments, including debt service
equalization aid; and the effect of a bond issue on local property taxes by the property
class and valuation;

(8) an analysis of how the proposed new or remodeled facility will affect school
district operational or administrative staffing costs, and how the district's operating budget
will cover any increased operational or administrative staffing costs;

(9) a description of the consultation with local or state road and transportation
officials on school site access and safety issues, and the ways that the project will address
those issues;

(10) a description of how indoor air quality issues have been considered and a
certification that the architects and engineers designing the facility will have professional
liability insurance;

(11) as required under section 123B.72, for buildings coming into service after
July 1, 2002, a certification that the plans and designs for the extensively renovated or
new facility's heating, ventilation, and air conditioning systems will meet or exceed
code standards; will provide for the monitoring of outdoor airflow and total airflow of
ventilation systems; and will provide an indoor air quality filtration system that meets
ASHRAE standard 52.1;

(12) a specification of any desegregation requirements that cannot be met by any
other reasonable means;

(13) a specification, if applicable, of how the facility will utilize environmentally
sustainable school facility design concepts; and

(14) a description of how the architects and engineers have considered the American
National Standards Institute Acoustical Performance Criteria, Design Requirements and
Guidelines for Schools of the maximum background noise level and reverberation times.

Sec. 21.

Minnesota Statutes 2008, section 123B.90, subdivision 2, is amended to read:

Subd. 2.

Student training.

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

(1) transportation by school bus is a privilege and not a right;

(2) district policies for student conduct and school bus safety;

(3) appropriate conduct while on the school bus;

(4) the danger zones surrounding a school bus;

(5) procedures for safely boarding and leaving a school bus;

(6) procedures for safe street or road crossing; and

(7) school bus evacuation.

(b) Each nonpublic school located within the district must provide all nonpublic
school pupils enrolled in kindergarten through grade 10 who are transported by school
bus at public expense and attend school within the district's boundaries with training as
required in paragraph (a).

(c) deleted text begin Students enrolled in kindergarten through grade 6 who are transported by school
bus and are enrolled during the first or second week of school must receive the school bus
safety training competencies by the end of the third week of school. Students enrolled in
grades 7 through 10 who are transported by school bus and are enrolled during the first
or second week of school and have not previously received school bus safety training
must receive the training or receive bus safety instructional materials by the end of the
sixth week of school. Students taking driver's training instructional classes must receive
training in the laws and proper procedures when operating a motor vehicle in the vicinity
of a school bus as required by section 169.446, subdivisions 2 and 3. Students enrolled
in kindergarten through grade 10 who enroll in a school after the second week of school
and are transported by school bus and have not received training in their previous school
district shall undergo school bus safety training or receive bus safety instructional materials
within four weeks of the first day of attendance. deleted text end Upon request of the superintendent
of schools, the school transportation safety director in each district must certify to the
superintendent that all students transported by school bus within the district have received
the school bus safety training according to this section. Upon request of the superintendent
of the school district where the nonpublic school is located, the principal or other chief
administrator of each nonpublic school must certify to the school transportation safety
director of the district in which the school is located that the school's students transported
by school bus at public expense have received training according to this section.

(d) A district and a nonpublic school with students transported by school bus at
public expense may provide kindergarten pupils with bus safety training before the first
day of school.

(e) A district and a nonpublic school with students transported by school bus at
public expense may also provide student safety education for bicycling and pedestrian
safety, for students enrolled in kindergarten through grade 5.

(f) A district and a nonpublic school with students transported by school bus at
public expense must make reasonable accommodations for the school bus safety training
of pupils known to speak English as a second language and pupils with disabilities.

(g) The district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.

(h) A district and a nonpublic school with students transported by school bus at public
expense must conduct a school bus evacuation drill at least once during the school year.

Sec. 22.

Minnesota Statutes 2008, section 124D.122, is amended to read:

124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR
PROGRAM.

The board of any district deleted text begin , with the approval of the commissioner, deleted text end may establish and
operate a flexible learning year program in one or more of the day or residential facilities
for children with a disability within the district.

Sec. 23.

Minnesota Statutes 2008, section 126C.44, is amended to read:

126C.44 SAFE SCHOOLS LEVY.

(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
used for directly funding the following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1) to pay the costs incurred for
the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property; (5)
to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
opt-in suicide prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each city or the sheriff's
department of the county within the district containing the school receiving the services. If
a local police department or a county sheriff's department does not wish to provide the
necessary services, the district may contract for these services with any other police or
sheriff's department located entirely or partially within the school district's boundaries.

(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.

deleted text begin (c) A school district must set aside at least $3 per adjusted marginal cost pupil unit
of the safe schools levy proceeds for the purposes authorized under paragraph (a), clause
(6). The district must annually certify that its total spending on services provided by the
employees listed in paragraph (a), clause (6), is not less than the sum of its expenditures
for these purposes, excluding amounts spent under this section, in the previous year plus
the amount spent under this section.
deleted text end

Sec. 24.

Minnesota Statutes 2008, section 177.42, subdivision 2, is amended to read:

Subd. 2.

Project.

"Project" means erection, construction, remodeling, or repairing
of a public building or other public work financed in whole or part by state funds new text begin , except
that school districts are exempt from the prevailing wage requirements of this section
and section 177.43 new text end .

Sec. 25.

Minnesota Statutes 2008, section 179A.03, subdivision 14, is amended to read:

Subd. 14.

Public employee or employee.

"Public employee" or "employee" means
any person appointed or employed by a public employer except:

(a) elected public officials;

(b) election officers;

(c) commissioned or enlisted personnel of the Minnesota National Guard;

(d) emergency employees who are employed for emergency work caused by natural
disaster;

(e) part-time employees whose service does not exceed the lesser of 14 hours per
week or 35 percent of the normal work week in the employee's appropriate unit;

(f) employees whose positions are basically temporary or seasonal in character and:
(1) are not for more than 67 working days in any calendar year; or (2) are not for more
than 100 working days in any calendar year and the employees are under the age of 22, are
full-time students enrolled in a nonprofit or public educational institution prior to being
hired by the employer, and have indicated, either in an application for employment or by
being enrolled at an educational institution for the next academic year or term, an intention
to continue as students during or after their temporary employment;

(g) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(h) employees of charitable hospitals as defined by section 179.35, subdivision 3;

(i) full-time undergraduate students employed by the school which they attend under
a work-study program or in connection with the receipt of financial aid, irrespective
of number of hours of service per week;

(j) an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities to teach one course for three or fewer credits for one semester in a year;

(l) with respect to court employees:

(1) personal secretaries to judges;

(2) law clerks;

(3) managerial employees;

(4) confidential employees; and

(5) supervisory employees;

(m) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

The following individuals are public employees regardless of the exclusions of
clauses (e) and (f):

(i) An employee hired by deleted text begin a school district or deleted text end the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in section 136F.13 or
for community services or community education instruction offered on a noncredit basis:
(A) to replace an absent deleted text begin teacher or deleted text end faculty member who is a public employee, where the
replacement employee is employed more than 30 working days as a replacement for that
deleted text begin teacher or deleted text end faculty member; or (B) to take a teaching position created due to increased
enrollment, curriculum expansion, courses which are a part of the curriculum whether
offered annually or not, or other appropriate reasons;

(ii) An employee hired for a position under clause (f)(1) if that same position has
already been filled under clause (f)(1) in the same calendar year and the cumulative
number of days worked in that same position by all employees exceeds 67 calendar days
in that year. For the purpose of this paragraph, "same position" includes a substantially
equivalent position if it is not the same position solely due to a change in the classification
or title of the position; and

(iii) an early childhood family education teacher employed by a school district.

Sec. 26.

Minnesota Statutes 2008, section 179A.18, subdivision 2, is amended to read:

Subd. 2.

School district requirements.

new text begin (a) new text end Except as otherwise provided by section
179A.17, subdivision 1, teachers employed by a local school district, other than principals
and assistant principals, may strike only under the following circumstances:

(1)(i) the collective bargaining agreement between their exclusive representative and
their employer has expired or, if there is no agreement, impasse under section 179A.17,
subdivision 1, has occurred; and

(ii) the exclusive representative and the employer have participated in mediation
over a period of at least 30 days. For the purposes of this subclause the mediation period
commences on the day that a mediator designated by the commissioner first attends a
conference with the parties to negotiate the issues not agreed upon; and

(iii) neither party has requested interest arbitration or a request for binding interest
arbitration has been rejected; or

(2) the employer violates section 179A.13, subdivision 2, clause (9).

new text begin (b) Notwithstanding paragraph (a), teachers may not strike at any time during the
regular school year that is scheduled for student instruction according to the school
district's calendar.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 120A.41; 120B.11; 120B.39; 121A.06; 121A.21;
121A.30; 122A.32; 122A.50; 122A.51; 122A.61; 122A.628; 122A.75; 123A.19,
subdivisions 3 and 4; 123A.33; 123B.02, subdivision 15; 123B.05; 123B.71, subdivisions
8, 11, and 12; 123B.76, subdivision 3; 123B.92, subdivision 5; 179A.07, subdivision 6;
and 256.962, subdivision 6, new text end new text begin are repealed.
new text end