Minnesota Legislature
SF 1528
as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to education; providing for family and early 1.3 childhood and kindergarten through grade 12 education, 1.4 including general education, special programs, 1.5 education reform, facilities and technology, fund 1.6 transfers, nutrition programs, libraries, prevention, 1.7 self-sufficiency and lifelong learning, state 1.8 agencies, administrative amendment and repeal of 1.9 certain provisions, technical amendments, repeal of 1.10 profile of learning, and statewide accountability; 1.11 providing for rulemaking; appropriating money; 1.12 amending Minnesota Statutes 2002, sections 12.21, 1.13 subdivision 3; 13.485, by adding a subdivision; 1.14 84A.51, subdivision 4; 119A.52; 119A.53; 119B.011, 1.15 subdivision 20; 120A.05, subdivisions 9, 11; 120A.24, 1.16 subdivision 4; 120A.41; 120B.02; 120B.30, subdivision 1.17 1; 120B.35, by adding a subdivision; 121A.21; 121A.23; 1.18 121A.41, subdivision 10; 121A.55; 121A.61, subdivision 1.19 3; 121A.64; 122A.09, subdivision 4; 122A.18, 1.20 subdivision 7a; 122A.21; 122A.22; 122A.40, subdivision 1.21 5; 122A.41, subdivision 2; 122A.413; 122A.414, by 1.22 adding a subdivision; 122A.415, subdivision 3; 1.23 122A.46, subdivision 9; 122A.63, subdivision 3; 1.24 123A.06, subdivision 3; 123A.18, subdivision 2; 1.25 123A.73, subdivisions 3, 4, 5; 123B.02, subdivision 1; 1.26 123B.14, subdivision 1; 123B.51, subdivisions 3, 4; 1.27 123B.53, subdivision 4; 123B.54; 123B.57, subdivisions 1.28 1, 2, 4, 6; 123B.59, subdivisions 1, 2, 3, 5, by 1.29 adding a subdivision; 123B.62; 123B.63, subdivisions 1.30 1, 2, 3, 4; 123B.71, subdivisions 4, 9; 123B.72, 1.31 subdivision 3; 123B.75, subdivision 5; 123B.88, 1.32 subdivision 2; 123B.90, subdivisions 2, 3; 123B.91, 1.33 subdivision 1; 123B.92, subdivisions 1, 3; 123B.93; 1.34 124D.03, subdivision 12; 124D.081, by adding a 1.35 subdivision; 124D.09, subdivisions 3, 9, 10, 16, 20; 1.36 124D.10, subdivisions 2a, 3, 4, 13, 16, 20, 23a; 1.37 124D.11, subdivisions 1, 2, 6, 9; 124D.128, 1.38 subdivision 2; 124D.13, subdivisions 4, 8; 124D.135, 1.39 subdivision 8; 124D.15, subdivision 7; 124D.16, 1.40 subdivisions 1, 6; 124D.19, subdivision 3; 124D.20, 1.41 subdivision 5, by adding subdivisions; 124D.22, 1.42 subdivision 3; 124D.454, subdivisions 1, 2, 3, 8, 10, 1.43 by adding a subdivision; 124D.52, subdivision 3; 1.44 124D.531, subdivisions 1, 4, 7, by adding a 1.45 subdivision; 124D.59, subdivision 2; 124D.65, 1.46 subdivision 5; 124D.69, subdivision 3; 124D.86, 2.1 subdivisions 1a, 3, 4, 5, 6; 124D.88, by adding a 2.2 subdivision; 125A.023, subdivision 3; 125A.03; 2.3 125A.05; 125A.12; 125A.21, subdivision 2; 125A.28; 2.4 125A.30; 126C.05, subdivision 16; 126C.10, 2.5 subdivisions 4, 6, 28; 126C.15, subdivision 1; 2.6 126C.17, subdivisions 5, 7a, 9, 11; 126C.19, by adding 2.7 a subdivision; 126C.21, subdivision 3; 126C.42, 2.8 subdivision 1; 126C.457; 126C.48, subdivision 3; 2.9 126C.55, subdivision 5; 126C.63, subdivisions 5, 8; 2.10 126C.69, subdivisions 2, 9; 127A.05, subdivisions 1, 2.11 4; 127A.45, subdivisions 2, 3, 7a, 10, 12, 13, 14, 16; 2.12 127A.47, subdivisions 7, 8; 127A.49, subdivisions 2, 2.13 3; 128C.02, subdivision 1; 128C.05, by adding a 2.14 subdivision; 128D.11, subdivision 8; 134.001, by 2.15 adding a subdivision; 134.22; 134.32; 169.26, 2.16 subdivision 3; 169.28, subdivision 1; 169.435; 2.17 169.449, subdivision 1; 169.4501, subdivisions 3, 4; 2.18 169.4503, subdivision 4; 169.454, subdivisions 2, 6; 2.19 169.973, subdivision 1; 171.321, subdivision 5; 2.20 178.02, subdivision 1; 205A.07, by adding a 2.21 subdivision; 273.138, subdivision 6; 298.28, 2.22 subdivision 4; 354.094, subdivision 1; 475.61, 2.23 subdivisions 1, 3, 4; 574.26, subdivision 2; 611A.78, 2.24 subdivision 1; Laws 1965, chapter 705, as amended; 2.25 Laws 2000, chapter 489, article 2, section 36, as 2.26 amended; proposing coding for new law in Minnesota 2.27 Statutes, chapters 120B; 122A; 123B; 124D; 125A; 125B; 2.28 127A; 134; repealing Minnesota Statutes 2002, sections 2.29 15.014, subdivision 3; 119A.08; 119A.51; 120B.031; 2.30 122A.414; 122A.415; 123A.73, subdivisions 7, 10, 11; 2.31 123B.81, subdivision 6; 123B.90, subdivision 1; 2.32 124D.65, subdivision 4; 124D.84, subdivision 2; 2.33 124D.93; 125A.023, subdivision 5; 125A.09; 125A.47; 2.34 125A.75, subdivision 8; 125B.11; 126C.01, subdivision 2.35 4; 126C.125; 126C.14; 126C.55, subdivision 5; 127A.41, 2.36 subdivision 6; 128C.01, subdivision 5; 128C.02, 2.37 subdivision 8; 128C.13; 144.401, subdivision 5; 2.38 169.441, subdivision 4; 239.004; Laws 2001, First 2.39 Special Session chapter 3, article 4, sections 1, 2; 2.40 Laws 2001, First Special Session chapter 6, article 2, 2.41 sections 52, 64, 70; Laws 2001, First Special Session 2.42 chapter 6, article 5, section 12, as amended; 2.43 Minnesota Rules, parts 3500.0600; 3501.0300; 2.44 3501.0310; 3501.0320; 3501.0330; 3501.0340; 3501.0350; 2.45 3501.0370; 3501.0380; 3501.0390; 3501.0400; 3501.0410; 2.46 3501.0420; 3501.0440; 3501.0441; 3501.0442; 3501.0443; 2.47 3501.0444; 3501.0445; 3501.0446; 3501.0447; 3501.0448; 2.48 3501.0449; 3501.0450; 3501.0460; 3501.0461; 3501.0462; 2.49 3501.0463; 3501.0464; 3501.0465; 3501.0466; 3501.0467; 2.50 3501.0468; 3501.0469; 3520.0400; 3520.1400; 3520.3300; 2.51 3530.1500; 3530.2700; 3530.4400; 3530.4500; 3530.4700; 2.52 3550.0100. 2.53 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.54 ARTICLE 1 2.55 GENERAL EDUCATION 2.56 Section 1. Minnesota Statutes 2002, section 84A.51, 2.57 subdivision 4, is amended to read: 2.58 Subd. 4. [COUNTY'S USE OF FUNDS.] The funds received by 2.59 each county must be apportioned by the county auditor as follows: 2.60 (1) 30 percent to a county development fund, which is 2.61 created, to be spent under the direction of the county board for 3.1 the rehabilitation and development of the portion of the county 3.2 within the conservation area; 3.3 (2) 40 percent to thecapital outlaygeneral fund of the 3.4 school district from which derived; 3.5 (3) 20 percent to the county revenue fund; and 3.6 (4) ten percent to the township road and bridge fund of the 3.7 township from which derived. 3.8 If the proceeds are derived from an unorganized township 3.9 with no levy for road and bridge purposes, the township portion 3.10 must be credited to the county revenue fund. 3.11 Sec. 2. Minnesota Statutes 2002, section 123B.75, 3.12 subdivision 5, is amended to read: 3.13 Subd. 5. [LEVY RECOGNITION.] (a) "School district tax 3.14 settlement revenue" means the current, delinquent, and 3.15 manufactured home property tax receipts collected by the county 3.16 and distributed to the school district. 3.17 (b)In June of 2001, the school district must recognize as3.18revenue, in the fund for which the levy was made, the lesser of:3.19(1) the sum of May, June, and July school district tax3.20settlement revenue received in that calendar year plus general3.21education aid according to section 126C.13, subdivision 4,3.22received in July and August of that calendar year; or3.23(2) the sum of:3.24(i) 31 percent of the referendum levy certified in the3.25prior calendar year according to section 126C.17, subdivision 9;3.26plus3.27(ii) the entire amount of the levy certified in the prior3.28calendar year according to sections 124D.86, subdivision 4, for3.29school districts receiving revenue under 124D.86, subdivision 3,3.30clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3,3.31paragraphs (4), (5), and (6); 126C.43, subdivision 2; and3.32126C.48, subdivision 6.3.33(c) For fiscal year 2002 and later years,In June ofeach3.34year2003, the school district must recognize as revenue, in the 3.35 fund for which the levy was made, the lesser of: 3.36 (1) the sum of May, June, and July school district tax 4.1 settlement revenue received in that calendar year, plus general 4.2 education aid according to section 126C.13, subdivision 4, 4.3 received in July and August of that calendar year; or 4.4 (2) the sum of: 4.5 (i) 31 percent of the referendum levy certified according 4.6 to section 126C.17, in calendar year 2000; plus 4.7 (ii) the entire amount of the levy certified in the prior 4.8 calendar year according to section 124D.86, subdivision 4, for 4.9 school districts receiving revenue under sections 124D.86, 4.10 subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 4.11 1, 2, and 3, paragraphs(4)(b),(5)(c), and(6)(d); 4.12 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6. 4.13 (c) For fiscal year 2004 and later years, in June of each 4.14 year, the school district must recognize as revenue, in the fund 4.15 for which the levy was made, the lesser of: 4.16 (1) the sum of May, June, and July school district tax 4.17 settlement revenue received in that calendar year, plus general 4.18 education aid according to section 126C.13, subdivision 4, 4.19 received in July and August of that calendar year; or 4.20 (2) the sum of: 4.21 (i) the greater of 50 percent of the referendum levy 4.22 certified according to section 126.17, in the prior calendar 4.23 year or 31 percent of the referendum levy certified according to 4.24 section 126C.17, in calendar year 2000; plus 4.25 (ii) the entire amount of the levy certified in the prior 4.26 calendar year according to section 124D.86, subdivision 4, for 4.27 school districts receiving revenue under sections 124D.86, 4.28 subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 4.29 1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 4.30 2; 126C.457; and 126C.48, subdivision 6; plus 4.31 (iii) 50 percent of the amount of the levy certified in the 4.32 prior calendar year for the school district's general and 4.33 community service funds, plus or minus auditor's adjustments, 4.34 not including levy portions that are assumed by the state, that 4.35 remains after subtracting the referendum levy certified 4.36 according to section 126C.17 and the amount recognized according 5.1 to clause (ii). 5.2 Sec. 3. Minnesota Statutes 2002, section 123B.88, 5.3 subdivision 2, is amended to read: 5.4 Subd. 2. [VOLUNTARY SURRENDER OF TRANSPORTATION 5.5 PRIVILEGES.] The parent or guardian of asecondarystudent may 5.6 voluntarily surrender thesecondarystudent's to and from school 5.7 transportation privileges granted under subdivision 1. 5.8 Sec. 4. Minnesota Statutes 2002, section 124D.09, 5.9 subdivision 20, is amended to read: 5.10 Subd. 20. [TEXTBOOKS; MATERIALS.] All textbooks and 5.11 equipment provided to a pupil, and paid for under subdivision 5.12 13, are the property of the pupil'sschool district of residence5.13 postsecondary institution. Each pupil is required to return all 5.14 textbooks and equipment to thedistrictpostsecondary 5.15 institution after the course has ended. 5.16 Sec. 5. Minnesota Statutes 2002, section 124D.10, 5.17 subdivision 16, is amended to read: 5.18 Subd. 16. [TRANSPORTATION.] (a) By July 1 of each year, a 5.19 charter school must notify the district in which the school is 5.20 located and the department of children, families, and learning 5.21 if it will provide transportation for pupils enrolled in the 5.22 school for the fiscal year. 5.23 (b) If a charter school elects to provide transportation 5.24 for pupils, the transportation must be provided by the charter 5.25 school within the district in which the charter school is 5.26 located. The state must pay transportation aid to the charter 5.27 school according to section 124D.11, subdivision 2. 5.28 For pupils who reside outside the district in which the 5.29 charter school is located, the charter school is not required to 5.30 provide or pay for transportation between the pupil's residence 5.31 and the border of the district in which the charter school is 5.32 located. A parent may be reimbursed by the charter school for 5.33 costs of transportation from the pupil's residence to the border 5.34 of the district in which the charter school is located if the 5.35 pupil is from a family whose income is at or below the poverty 5.36 level, as determined by the federal government. The 6.1 reimbursement may not exceed the pupil's actual cost of 6.2 transportation or 15 cents per mile traveled, whichever is 6.3 less. Reimbursement may not be paid for more than 250 miles per 6.4 week. 6.5 At the time a pupil enrolls in a charter school, the 6.6 charter school must provide the parent or guardian with 6.7 information regarding the transportation. 6.8 (c) If a charter school does not elect to provide 6.9 transportation, transportation for pupils enrolled at the school 6.10 must be provided by the district in which the school is located, 6.11 according to sections 123B.88, subdivision 6, and 124D.03, 6.12 subdivision 8, for a pupil residing in the same district in 6.13 which the charter school is located. Transportation may be 6.14 provided by the district in which the school is located, 6.15 according to sections 123B.88, subdivision 6, and 124D.03, 6.16 subdivision 8, for a pupil residing in a different district. If 6.17 the district provides the transportation, the scheduling of 6.18 routes, manner and method of transportation, control and 6.19 discipline of the pupils, and any other matter relating to the 6.20 transportation of pupils under this paragraph shall be within 6.21 the sole discretion, control, and management of the district. 6.22 Sec. 6. Minnesota Statutes 2002, section 124D.11, 6.23 subdivision 9, is amended to read: 6.24 Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a) 6.25 Notwithstanding section 127A.45, subdivision 3, aid payments for 6.26 the current fiscal year to a charter school not in its first 6.27 year of operation shall be of an equal amount on each of the 23 6.28 payment dates. A charter school in its first year of operation 6.29 shall receive, on its first payment date, ten percent of its 6.30 cumulative amount guaranteed for the year and 22 payments of an 6.31 equal amount thereafter the sum of which shall be 90 percent of 6.32 the cumulative amount guaranteed. 6.33 (b) Notwithstanding paragraph (a), for a charter school 6.34 ceasing operation prior to the end of a school year,8380 6.35 percent of the amount due for the school year may be paid to the 6.36 school after audit of prior fiscal year and current fiscal year 7.1 pupil counts. 7.2 (c) Notwithstanding section 127A.45, subdivision 3, and 7.3 paragraph (a),8380 percent of the start-up cost aid under 7.4 subdivision 8 shall be paid within 45 days after the first day 7.5 of student attendance for that school year. 7.6 (d) In order to receive state aid payments under this 7.7 subdivision, a charter school in its first three years of 7.8 operation must submit a quarterly report to the department of 7.9 children, families, and learning. The report must list each 7.10 student by grade, show the student's start and end dates, if 7.11 any, with the charter school, and for any student participating 7.12 in a learning year program, the report must list the hours and 7.13 times of learning year activities. The report must be submitted 7.14 not more than two weeks after the end of the calendar quarter to 7.15 the department. The department must develop a Web-based 7.16 reporting form for charter schools to use when submitting 7.17 enrollment reports. A charter school in its fourth and 7.18 subsequent year of operation must submit enrollment information 7.19 to the department in the form and manner requested by the 7.20 department. 7.21 [EFFECTIVE DATE.] This section is effective for revenue for 7.22 fiscal year 2004. 7.23 Sec. 7. Minnesota Statutes 2002, section 124D.128, 7.24 subdivision 2, is amended to read: 7.25 Subd. 2. [COMMISSIONER DESIGNATION.] (a) An area learning 7.26 center designated by the state must be a site. To be 7.27 designated, a district or center must demonstrate to the 7.28 commissioner that it will:7.29(1)provide a program of instruction that permits pupils to 7.30 receive instruction throughout the entire year; and. 7.31(2) maintain a record system that, for purposes of section7.32126C.05, permits identification of membership attributable to7.33pupils participating in the program. The record system and7.34identification must ensure that the program will not have the7.35effect of increasing the total number of pupil units7.36attributable to an individual pupil as a result of a learning8.1year program. The record system must include the date the pupil8.2originally enrolled in a learning year program, the pupil's8.3grade level, the date of each grade promotion, the average daily8.4membership generated in each grade level, the number of credits8.5or standards earned, and the number needed to graduate.8.6 (b) A student who has not completed a school district's 8.7 graduation requirements may continue to enroll in courses the 8.8 student must complete in order to graduate until the student 8.9 satisfies the district's graduation requirements or the student 8.10 is 21 years old, whichever comes first. 8.11 Sec. 8. Minnesota Statutes 2002, section 124D.52, 8.12 subdivision 3, is amended to read: 8.13 Subd. 3. [ACCOUNTS; REVENUE; AID.] (a) Each district, 8.14 group of districts, or private nonprofit organization providing 8.15 adult basic education programs must establish and maintain 8.16accounts separate from all other district accountsa reserve 8.17 account within the community service fund for the receipt and 8.18 disbursement of all funds related to these programs. All 8.19 revenue received pursuant to this section must be utilized 8.20 solely for the purposes of adult basic education programs. 8.21 State aid must not equal more than 100 percent of the 8.22 unreimbursed expenses of providing these programs, excluding 8.23 in-kind costs. 8.24 (b) Notwithstanding section 123A.26 or any other law to the 8.25 contrary, an adult basic education consortium providing an 8.26 approved adult basic education program may be its own fiscal 8.27 agent and is eligible to receive state-aid payments directly 8.28 from the commissioner. 8.29 Sec. 9. Minnesota Statutes 2002, section 124D.59, 8.30 subdivision 2, is amended to read: 8.31 Subd. 2. [PUPIL OF LIMITED ENGLISH PROFICIENCY.] 8.32 (a) "Pupil of limited English proficiency" means a pupil in 8.33 kindergarten through grade 12 who meets the following 8.34 requirements: 8.35 (1) the pupilin kindergarten through grade 12, as declared 8.36 by a parent or guardian first learned a language other than 9.1 English, comes from a home where the language usually spoken is 9.2 other than English, or usually speaks a language other than 9.3 English; and 9.4 (2)for a pupil in kindergarten through grade 2,the pupil 9.5 is determined by developmentally appropriate measures, which 9.6 might include observations, teacher judgment, parent 9.7 recommendations, or developmentally appropriate assessment 9.8 instruments, to lack the necessary English skills to participate 9.9 fully in classes taught in English; or. 9.10(3) the(b) Notwithstanding paragraph (a), a pupil in 9.11 grades34 through 12scoreswho was enrolled in a Minnesota 9.12 public school on the dates during the previous school year when 9.13 a commissioner provided assessment that measures the pupil's 9.14 emerging academic English was administered, shall not be counted 9.15 as a pupil of limited English proficiency in calculating limited 9.16 English proficiency pupil units under section 126C.05, 9.17 subdivision 17, and shall not generate state limited English 9.18 proficiency aid under section 124D.65, subdivision 5, unless the 9.19 pupil scored below the state cutoff score on an assessment 9.20 measuring emerging academic English provided by the commissioner 9.21 during the previous school year. 9.22 Sec. 10. Minnesota Statutes 2002, section 124D.65, 9.23 subdivision 5, is amended to read: 9.24 Subd. 5. [SCHOOL DISTRICT LEP REVENUE.] (a)A school9.25district's limited English proficiency programs revenue for9.26fiscal year 2000 equals the state total limited English9.27proficiency programs revenue, minus the amount determined under9.28paragraph (b), times the ratio of the district's adjusted9.29limited English proficiency programs base revenue to the state9.30total adjusted limited English proficiency programs base revenue.9.31(b) Notwithstanding paragraph (a), if the limited English9.32proficiency programs base revenue for a district equals zero,9.33the limited English proficiency programs revenue equals the sum9.34of the following amounts, computed using current year data:9.35(1) 68 percent of the salary of one full-time equivalent9.36teacher for each 40 pupils of limited English proficiency10.1enrolled, or 68 percent of the salary of one-half of a full-time10.2teacher in a district with 20 or fewer pupils of limited English10.3proficiency enrolled; and10.4(2) for supplies and equipment purchased or rented for use10.5in the instruction of pupils of limited English proficiency an10.6amount equal to 47 percent of the sum actually spent by the10.7district but not to exceed an average of $47 in any one school10.8year for each pupil of limited English proficiency receiving10.9instruction.10.10(c)A district's limited English proficiency programs 10.11 revenue for fiscal year 2001 and later equals the product of 10.12 $584 times the greater of 20 or the number of adjusted marginal 10.13 cost pupils of limited English proficiency enrolled in the 10.14 district during the current fiscal year. 10.15(d)(b) A pupil ceases to generate state limited English 10.16 proficiency aid in the school year following the school year in 10.17 which the pupil attains the state cutoff score on a 10.18 commissioner-provided assessment that measures the pupil's 10.19 emerging academic English. 10.20 Sec. 11. Minnesota Statutes 2002, section 124D.69, 10.21 subdivision 3, is amended to read: 10.22 Subd. 3. [UNCOMMON SCHOOLS SERVING STUDENTS WITH CHEMICAL 10.23 DEPENDENCIES; ALLOCATION OF FUNDS.] (a) In addition to the 10.24 amounts provided in section 124D.68, subdivision 9, a school 10.25 district may allocate funds from its undesignated general fund 10.26 to a private contracted alternative program, including a private 10.27 contracted alternative program that is tuition free and provides 10.28 a comprehensive secondary academic program for students who have 10.29 been assessed chemically dependent and who have completed a 10.30 licensed treatment program for chemical dependency. 10.31 (b) Notwithstanding section 124D.68, subdivision 9, a 10.32 student served by an uncommon school or contracted alternative 10.33 school must be counted as a resident pupil unit for the purposes 10.34 of calculating referendum revenue under section 126C.17. The 10.35 resident school district must annually transfer to an uncommon 10.36 school or contracted alternative school the amount of referendum 11.1 revenue for each resident pupil attending the school. 11.2 Sec. 12. Minnesota Statutes 2002, section 126C.05, 11.3 subdivision 16, is amended to read: 11.4 Subd. 16. [FREE AND REDUCED PRICED LUNCHES.] The 11.5 commissioner shall determine the number of children eligible to 11.6 receive either a free or reduced priced lunch on October 1 each 11.7 year. Children enrolled in a building on October 1 and 11.8 determined to be eligible to receive free or reduced price lunch 11.9 byJanuaryDecember 15 ofthe followingthat year shall be 11.10 counted as eligible on October 1 for purposes of subdivision 3. 11.11 The commissioner may use federal definitions for these purposes 11.12 and may adjust these definitions as appropriate. The 11.13 commissioner may adopt reporting guidelines to assure accuracy 11.14 of data counts and eligibility. Districts shall use any 11.15 guidelines adopted by the commissioner. 11.16 Sec. 13. Minnesota Statutes 2002, section 126C.10, 11.17 subdivision 4, is amended to read: 11.18 Subd. 4. [BASIC SKILLS REVENUE.](a) For fiscal year 2002,11.19a school district's basic skills revenue equals the sum of:11.20(1) compensatory revenue under subdivision 3; plus11.21(2) limited English proficiency revenue according to11.22section 124D.65, subdivision 5; plus11.23(3) $190 times the limited English proficiency pupil units11.24according to section 126C.05, subdivision 17; plus11.25(4) $22.50 times the number of adjusted marginal cost pupil11.26units in kindergarten to grade 8.11.27(b)For fiscal year 2003 and later, a school district's 11.28 basic skills revenue equals the sum of: 11.29 (1) compensatory revenue under subdivision 3; plus 11.30 (2) limited English proficiency revenue under section 11.31 124D.65, subdivision 5; plus 11.32 (3) $190 times the limited English proficiency pupil units 11.33 under section 126C.05, subdivision 17. 11.34 Sec. 14. Minnesota Statutes 2002, section 126C.17, 11.35 subdivision 5, is amended to read: 11.36 Subd. 5. [REFERENDUM EQUALIZATION REVENUE.] (a) For fiscal 12.1 year 2003 and later, a district's referendum equalization 12.2 revenue equals the sum of the first tier referendum equalization 12.3 revenue and the second tier referendum equalization revenue. 12.4 (b) A district's first tier referendum equalization revenue 12.5 equals the district's first tier referendum equalization 12.6 allowance times the district's resident marginal cost pupil 12.7 units for that year. 12.8 (c) For fiscal years 2003 and 2004, a district's first tier 12.9 referendum equalization allowance equals the lesser of the 12.10 district's referendum allowance under subdivision 1 or 12.11 $126. For fiscal year 2005 and later, a district's first tier 12.12 referendum equalization allowance equals the lesser of the 12.13 district's referendum allowance under subdivision 1 or $133. 12.14 (d) A district's second tier referendum equalization 12.15 revenue equals the district's second tier referendum 12.16 equalization allowance times the district's resident marginal 12.17 cost pupil units for that year. 12.18 (e) A district's second tier referendum equalization 12.19 allowance equals the lesser of the district's referendum 12.20 allowance under subdivision 1 or 18.2 percent of the formula 12.21 allowance, minus the district's first tier referendum 12.22 equalization allowance. 12.23 (f) Notwithstanding paragraph (e), the second tier 12.24 referendum allowance for a district qualifying for secondary 12.25 sparsity revenue under section 126C.10, subdivision 7, or 12.26 elementary sparsity revenue under section 126C.10, subdivision 12.27 8, equals the district's referendum allowance under subdivision 12.28 1 minus the district's first tier referendum equalization 12.29 allowance. 12.30 Sec. 15. Minnesota Statutes 2002, section 126C.17, 12.31 subdivision 7a, is amended to read: 12.32 Subd. 7a. [REFERENDUM TAX BASE REPLACEMENT AID.] For each 12.33 school district that had a referendum allowance for fiscal year 12.34 2002 exceeding $415, for each separately authorized referendum 12.35 levy, the commissioner of revenue, in consultation with the 12.36 commissioner of children, families, and learning, shall certify 13.1 the amount of the referendum levy in taxes payable year 2001 13.2 attributable to the portion of the referendum allowance 13.3 exceeding $415 levied against property classified as class 2, 13.4 noncommercial 4c(1), or 4c(4), under section 273.13, excluding 13.5 the portion of the tax paid by the portion of class 2a property 13.6 consisting of the house, garage, and surrounding one acre of 13.7 land. The resulting amount must be used to reduce the 13.8 district's referendum levy amount otherwise determined, and must 13.9 be paid to the district each year that the referendum authority 13.10 remains in effect, is renewed, or new referendum authority is 13.11 approved. The aid payable under this subdivision must be 13.12 subtracted from the district's referendum equalization aid under 13.13 subdivision 7. The referendum equalization aid after the 13.14 subtraction must not be less than zero. 13.15 For the purposes of this subdivision, the referendum levy 13.16 with the latest year of expiration is assumed to be at the 13.17 highest level of equalization, and the referendum levy with the 13.18 earliest year of expiration is assumed to be at the lowest level 13.19 of equalization. 13.20 [EFFECTIVE DATE.] This section is effective retroactive 13.21 from July 1, 2002, and is effective for revenue for fiscal year 13.22 2005. 13.23 Sec. 16. Minnesota Statutes 2002, section 126C.17, 13.24 subdivision 11, is amended to read: 13.25 Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum 13.26 held under paragraph (b), any referendum under this section held 13.27 on a day other than the first Tuesday after the first Monday in 13.28 November must be conducted by mail in accordance with section 13.29 204B.46. Notwithstanding subdivision 9, paragraph (b), to the 13.30 contrary, in the case of a referendum conducted by mail under 13.31 this paragraph, the notice required by subdivision 9, paragraph 13.32 (b), must be prepared and delivered by first-class mail at least 13.33 20 days before the referendum. 13.34 (b) In addition to the referenda allowed in subdivision 9, 13.35 clause (a), the commissioner may grant authority to a district 13.36 to hold a referendum on a different day if the district is in 14.1 statutory operating debt and has an approved planor has14.2received an extension from the department to file a planto 14.3 eliminate the statutory operating debt. 14.4 (c) The commissioner must approve, deny, or modify each 14.5 district's request for a referendum levy on a different day 14.6 within 60 days of receiving the request from a district. 14.7 Sec. 17. [127A.441] [AID REDUCTION; LEVY REVENUE 14.8 RECOGNITION CHANGE.] 14.9 Each year, the state aids payable to any school district 14.10 for that fiscal year that are recognized as revenue in the 14.11 school district's general and community service funds shall be 14.12 adjusted by an amount equal to (1) the amount the district 14.13 recognized as revenue for the prior fiscal year pursuant to 14.14 section 123B.75, subdivision 5, paragraph (b) or (c), minus (2) 14.15 the amount the district recognized as revenue for the current 14.16 fiscal year pursuant to section 123B.75, subdivision 5, 14.17 paragraph (c). For purposes of making the aid adjustments under 14.18 this section, the amount the district recognizes as revenue for 14.19 either the prior fiscal year or the current fiscal year pursuant 14.20 to section 123B.75, subdivision 5, paragraph (b) or (c), shall 14.21 not include any amount levied pursuant to section 124D.86, 14.22 subdivision 4, for school districts receiving revenue under 14.23 sections 124D.86, subdivision 3, clauses (1), (2), and (3); 14.24 126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 14.25 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6. 14.26 Payment from the permanent school fund shall not be adjusted 14.27 pursuant to this section. The school district shall be notified 14.28 of the amount of the adjustment made to each payment pursuant to 14.29 this section. 14.30 Sec. 18. Minnesota Statutes 2002, section 127A.45, 14.31 subdivision 2, is amended to read: 14.32 Subd. 2. [DEFINITIONS.] (a) The term "other district 14.33 receipts" means payments by county treasurers pursuant to 14.34 section 276.10, apportionments from the school endowment fund 14.35 pursuant to section 127A.33, apportionments by the county 14.36 auditor pursuant to section 127A.34, subdivision 2, and payments 15.1 to school districts by the commissioner of revenue pursuant to 15.2 chapter 298. 15.3 (b) The term "cumulative amount guaranteed" means the 15.4 product of 15.5 (1) the cumulative disbursement percentage shown in 15.6 subdivision 3; times 15.7 (2) the sum of 15.8 (i)8380 percent of the estimated aid and credit 15.9 entitlements paid according to subdivision 13; plus 15.10 (ii) 100 percent of the entitlements paid according to 15.11 subdivisions 11 and 12; plus 15.12 (iii) the other district receipts. 15.13 (c) The term "payment date" means the date on which state 15.14 payments to districts are made by the electronic funds transfer 15.15 method. If a payment date falls on a Saturday, a Sunday, or a 15.16 weekday which is a legal holiday, the payment shall be made on 15.17 the immediately preceding business day. The commissioner may 15.18 make payments on dates other than those listed in subdivision 3, 15.19 but only for portions of payments from any preceding payment 15.20 dates which could not be processed by the electronic funds 15.21 transfer method due to documented extenuating circumstances. 15.22 Sec. 19. Minnesota Statutes 2002, section 127A.45, 15.23 subdivision 3, is amended to read: 15.24 Subd. 3. [PAYMENT DATES AND PERCENTAGES.] (a)For fiscal15.25year 2003, the commissioner shall pay to a district on the dates15.26indicated an amount computed as follows: the cumulative amount15.27guaranteed minus the sum of (a) the district's other district15.28receipts through the current payment, and (b) the aid and credit15.29payments through the immediately preceding payment. For15.30purposes of this computation, the payment dates and the15.31cumulative disbursement percentages are as follows:15.32Payment datePercentage15.33Payment 1July 15:5.115.34Payment 2July 30:7.715.35Payment 3August 15:16.915.36Payment 4August 30:19.316.1Payment 5September 15:21.816.2Payment 6September 30:24.316.3Payment 7October 15:26.316.4Payment 8October 30:28.316.5Payment 9November 15:32.816.6Payment 10November 30:39.116.7Payment 11December 15:42.416.8Payment 12December 30:45.616.9Payment 13January 15:50.516.10Payment 14January 30:55.016.11Payment 15February 15:60.216.12Payment 16February 28:65.016.13Payment 17March 15:69.716.14Payment 18March 30:74.316.15Payment 19April 15:78.316.16Payment 20April 30:84.216.17Payment 21May 15:88.716.18Payment 22May 30:93.316.19Payment 23June 20:100.016.20(b) In addition to the amounts paid under paragraph (a),16.21for fiscal year 2003, the commissioner shall pay to a district16.22on the dates indicated an amount computed as follows:16.23Payment 3August 15: the final adjustment for the16.24prior fiscal year for the state paid16.25property tax credits established in16.26section 273.139216.27Payment 7October 15: one-half of the final adjustment16.28for the prior fiscal year for all aid16.29entitlements except state paid property16.30tax credits16.31Payment 8October 30: one-half of the final adjustment16.32for the prior fiscal year for all aid16.33entitlements except state paid property16.34tax credits16.35(c)For fiscal year 2004 and later, the commissioner shall 16.36 pay to a district on the dates indicated an amount computed as 17.1 follows: the cumulative amount guaranteed minus the sum of (a) 17.2 the district's other district receipts through the current 17.3 payment, and (b) the aid and credit payments through the 17.4 immediately preceding payment. For purposes of this 17.5 computation, the payment dates and the cumulative disbursement 17.6 percentages are as follows: 17.7 Payment date Percentage 17.8 Payment 1 July 15:5.15.5 17.9 Payment 2 July 30:7.78.0 17.10 Payment 3 August 15:16.917.5 17.11 Payment 4 August 30:19.320.0 17.12 Payment 5 September 15:21.822.5 17.13 Payment 6 September 30:24.325.0 17.14 Payment 7 October 15:26.327.0 17.15 Payment 8 October 30:28.330.0 17.16 Payment 9 November 15:30.332.5 17.17 Payment 10 November 30:35.036.5 17.18 Payment 11 December 15:40.042.0 17.19 Payment 12 December 30:43.045.0 17.20 Payment 13 January 15:48.050.0 17.21 Payment 14 January 30:52.054.0 17.22 Payment 15 February 15:56.058.0 17.23 Payment 16 February 28:61.063.0 17.24 Payment 17 March 15:66.068.0 17.25 Payment 18 March 30:72.074.0 17.26 Payment 19 April 15:76.078.0 17.27 Payment 20 April 30:83.085.0 17.28 Payment 21 May 15:88.090.0 17.29 Payment 22 May 30: 95.0 17.30 Payment 23 June 20: 100.0 17.31(d)(b) In addition to the amounts paid under paragraph 17.32(c)(a), for fiscal year 2004and later, the commissioner shall 17.33 pay to a district on the dates indicated an amount computed as 17.34 follows: 17.35 Payment 3 August 15: the final adjustment for the 17.36 prior fiscal year for the state paid 18.1 property tax credits established in 18.2 section 273.1392 18.3 Payment 4 August 30: one-third of the final adjustment 18.4 for the prior fiscal year for all aid 18.5 entitlements except state paid property 18.6 tax credits 18.7 Payment 6 September 30: one-third of the final adjustment 18.8 for the prior fiscal year for all aid 18.9 entitlements except state paid property 18.10 tax credits 18.11 Payment 8 October 30: one-third of the final adjustment 18.12 for the prior fiscal year for all aid 18.13 entitlements except state paid property 18.14 tax credits 18.15 (c) In addition to the amounts paid under paragraph (a), 18.16 for fiscal year 2005 and later, the commissioner shall pay to a 18.17 district on the dates indicated an amount computed as follows: 18.18 Payment 3 August 15: the final adjustment for the 18.19 prior fiscal year for the state paid 18.20 property tax credits established in 18.21 section 273.1392 18.22 Payment 4 August 30: 30 percent of the final adjustment 18.23 for the prior fiscal year for all aid 18.24 entitlements except state paid property 18.25 tax credits 18.26 Payment 6 September 30: 40 percent of the final adjustment 18.27 for the prior fiscal year for all aid 18.28 entitlements except state paid property 18.29 tax credits 18.30 Payment 8 October 30: 30 percent of the final adjustment 18.31 for the prior fiscal year for all aid 18.32 entitlements except state paid property 18.33 tax credits 18.34 Sec. 20. Minnesota Statutes 2002, section 127A.45, 18.35 subdivision 7a, is amended to read: 18.36 Subd. 7a. [ADVANCE FINAL PAYMENT.] (a) Notwithstanding 19.1 subdivisions 3 and 7, a school district or a charter school 19.2 exceeding its expenditure limitations under section 123B.83 as 19.3 of June 30 of the prior fiscal year may receive a portion of its 19.4 final payment for the current fiscal year on June 20, if 19.5 requested by the district. The amount paid under this 19.6 subdivision must not exceed the lesser of: 19.7 (1) seven percent of the district or charter school's 19.8 general education aid for the current fiscal year; or 19.9 (2) the amount by which the district or charter school's 19.10 net negative unreserved general fund balance as of June 30 of 19.11 the prior fiscal year exceeds 2.5 percent of the district or 19.12 charter school's expenditures for that fiscal year. 19.13 (b) The state total advance final payment under this 19.14 subdivision for any year must not exceed$17,500,000$12,000,000. 19.15 If the amount requested exceeds$17,500,000$12,000,000, the 19.16 advance final payment for each eligible district must be reduced 19.17 proportionately. 19.18 Sec. 21. Minnesota Statutes 2002, section 127A.45, 19.19 subdivision 10, is amended to read: 19.20 Subd. 10. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each 19.21 fiscal year state general fund payments for a district 19.22 nonoperating fund must be made at8380 percent of the estimated 19.23 entitlement during the fiscal year of the entitlement. This 19.24 amount shall be paid in 12 equal monthly installments. The 19.25 amount of the actual entitlement, after adjustment for actual 19.26 data, minus the payments made during the fiscal year of the 19.27 entitlement must be paid prior to October 31 of the following 19.28 school year. The commissioner may make advance payments of debt 19.29 service equalization aid or homestead and agricultural credit 19.30 aid for a district's debt service fund earlier than would occur 19.31 under the preceding schedule if the district submits evidence 19.32 showing a serious cash flow problem in the fund. The 19.33 commissioner may make earlier payments during the year and, if 19.34 necessary, increase the percent of the entitlement paid to 19.35 reduce the cash flow problem. 19.36 Sec. 22. Minnesota Statutes 2002, section 127A.45, 20.1 subdivision 13, is amended to read: 20.2 Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in 20.3 subdivisions 11, 12, 12a, and 14, each fiscal year, all 20.4 education aids and credits in this chapter and chapters 120A, 20.5 120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and 20.6 section 273.1392, shall be paid at8380 percent of the 20.7 estimated entitlement during the fiscal year of the 20.8 entitlement. For the purposes of this subdivision, a district's 20.9 estimated entitlement for special education excess cost aid 20.10 under section 125A.79 equals 70 percent of the district's 20.11 entitlement for the second prior fiscal year. The final 20.12 adjustment payment, according to subdivision 9, must be the 20.13 amount of the actual entitlement, after adjustment for actual 20.14 data, minus the payments made during the fiscal year of the 20.15 entitlement. 20.16 Sec. 23. Minnesota Statutes 2002, section 127A.45, 20.17 subdivision 14, is amended to read: 20.18 Subd. 14. [NONPUBLIC AIDS.] The state shall pay aid 20.19 according to sections 123B.40 to 123B.48 for pupils attending 20.20 nonpublic schools as follows: 20.21 (1) an advance payment by November 30 equal to8380 20.22 percent of the estimated entitlement for the current fiscal 20.23 year; and 20.24 (2) a final payment by October 31 of the following fiscal 20.25 year, adjusted for actual data. 20.26 If a payment advance to meet cash flow needs is requested 20.27 by a district and approved by the commissioner, the state shall 20.28 pay nonpublic pupil transportation aid according to section 20.29 123B.92 by October 31. 20.30 Sec. 24. Minnesota Statutes 2002, section 127A.45, 20.31 subdivision 16, is amended to read: 20.32 Subd. 16. [PAYMENTS TO THIRD PARTIES.] Notwithstanding 20.33 subdivision 3,8380 percent of the amounts under section 20.34 123A.26, subdivision 3, shall be paid in equal installments on 20.35 August 30, December 30, and March 30, with a1720 percent final 20.36 adjustment payment on October 30 of the next fiscal year. 21.1 Sec. 25. Minnesota Statutes 2002, section 205A.07, is 21.2 amended by adding a subdivision to read: 21.3 Subd. 3a. [NOTICE TO COMMISSIONER OF CHILDREN, FAMILIES, 21.4 AND LEARNING.] At least 49 days prior to every school district 21.5 election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 21.6 475.58, the school district clerk shall provide a written notice 21.7 to the commissioner of children, families, and learning. The 21.8 notice must include the date of the election and the title and 21.9 language for each ballot question to be voted on at the 21.10 election. The certified vote totals for each ballot question 21.11 shall be provided in a written notice to the commissioner in a 21.12 timely manner. 21.13 Sec. 26. Minnesota Statutes 2002, section 475.61, 21.14 subdivision 1, is amended to read: 21.15 Subdivision 1. [DEBT SERVICE RESOLUTION.] The governing 21.16 body of any municipality issuing general obligations shall, 21.17 prior to delivery of the obligations, levy by resolution a 21.18 direct general ad valorem tax upon all taxable property in the 21.19 municipality to be spread upon the tax rolls for each year of 21.20 the term of the obligations. The tax levies for all years for 21.21 municipalities other than school districts shall be specified 21.22 and such that if collected in full they, together with estimated 21.23 collections of special assessments and other revenues pledged 21.24 for the payment of said obligations, will produce at least five 21.25 percent in excess of the amount needed to meet when due the 21.26 principal and interest payments on the obligations. The tax 21.27 levies for school districts shall be specified and such that if 21.28 collected in full they, together with estimated collection of 21.29 other revenues pledged for the payment of the obligations, will 21.30 producebetweenfiveand sixpercent in excess of the amount 21.31 needed to meet when due the principal and interest payments on 21.32 the obligations, rounded up to the nearest dollar; except that, 21.33 with the permission of the commissioner of children, families, 21.34 and learning, a school board may specify a tax levy in a higher 21.35 amount if necessary either to meet an anticipated tax 21.36 delinquency or for cash flow needs to meet the required payments 22.1 from the debt redemption fund. Such resolution shall 22.2 irrevocably appropriate the taxes so levied and any special 22.3 assessments or other revenues so pledged to the municipality's 22.4 debt service fund or a special debt service fund or account 22.5 created for the payment of one or more issues of obligations. 22.6 The governing body may, in its discretion, at any time after the 22.7 obligations have been authorized, adopt a resolution levying 22.8 only a portion of such taxes, to be filed, assessed, extended, 22.9 collected, and remitted as hereinafter provided, and the amount 22.10 or amounts therein levied shall be credited against the tax 22.11 required to be levied prior to delivery of the obligations. 22.12 Sec. 27. Minnesota Statutes 2002, section 475.61, 22.13 subdivision 3, is amended to read: 22.14 Subd. 3. [IRREVOCABILITY.] (a) Tax levies so made and 22.15 filed shall be irrevocable, except as provided in this 22.16 subdivision. 22.17 (b) For purposes of this subdivision, "excess debt 22.18 redemption fund balance" means the greater of zero or the 22.19 balance in the district's debt redemption fund as of June 30 of 22.20 the fiscal year ending in the year before the year the levy is 22.21 certified, minus any debt redemption fund balance attributable 22.22 to refunding of existing bonds, minus the amount of the levy 22.23 reduction for the current year and the prior year under 22.24 paragraphs (e) and (f), minus five percent of the district's 22.25 required debt service levy for the next year. 22.26 (c) By July 15 each year, a district shall report to the 22.27 commissioner of children, families, and learning the amount of 22.28 the districts' debt redemption fund balance as of June 30 of the 22.29 prior year attributable to refunding of existing bonds. 22.30 (d) By August 15 each year, the commissioner shall 22.31 determine the excess debt redemption fund balance for each 22.32 school district, and shall certify the amount of the excess 22.33 balance to the school district superintendent. 22.34 (e) In each year when a district has an excess debt 22.35 redemption fund balance, the commissioner shallreport the22.36amount of the excess to the county auditor and the auditor shall23.1 reduce the tax levy otherwise to be included in the rolls next 23.2 prepared by the amount certified. 23.3 (f) The school board may, with the approval of the 23.4 commissioner, retain all or part of the excess balance if it is 23.5 necessary to ensure the prompt and full payment of its 23.6 obligations and any call premium on its obligations, will be 23.7 used for redemption of its obligations in accordance with their 23.8 terms, or to level out the debt service tax rate, excluding the 23.9 debt excess adjustment, for its obligations over the next two 23.10 years. A school district requesting authority to retain all or 23.11 part of the excess balance shall provide written documentation 23.12 to the commissioner describing the rationale for its request by 23.13 September 15 including the issuance of new obligations within 23.14 the next year or the refunding of existing obligations. A 23.15 school district that retains an excess may request to transfer 23.16 the excess to its operating capital account in the general fund 23.17 under section 123B.80. The school board may, with the approval 23.18 of the commissioner, specify a tax levy in a higher amount if 23.19 necessary because of anticipated tax delinquency or for cash 23.20 flow needs to meet the required payments from the debt 23.21 redemption fund. 23.22 (g) If the governing body, including the governing body of 23.23 a school district, in any year makes an irrevocable 23.24 appropriation to the debt service fund of money actually on hand 23.25 or if there is on hand any excess amount in the debt service 23.26 fund, the recording officer may certify to the county auditor 23.27 the fact and amount thereof and the auditor shall reduce by the 23.28 amount so certified the amount otherwise to be included in the 23.29 rolls next thereafter prepared. 23.30 Sec. 28. Laws 2000, chapter 489, article 2, section 36, as 23.31 amended by Laws 2001, First Special Session chapter 6, article 23.32 1, section 44, is amended to read: 23.33 Sec. 36. [FISCAL YEARS20042006 TO20082010 AIRPORT 23.34 RUNWAY IMPACT PUPIL UNIT AID; RICHFIELD.] 23.35 Subdivision 1. [AIRPORT IMPACT ZONE PUPIL UNITS, 23.36 DEFINITION.] For the purposes of this section, "airport impact 24.1 zone pupil units" means the number of pupil units, according to 24.2 Minnesota Statutes 1999 Supplement, section 126C.05, subdivision 24.3 1, in school year 1998-1999 that were attributable to the 24.4 airport impact zone, as defined in Laws 1999, chapter 243, 24.5 article 16, section 35, subdivision 1. 24.6 Subd. 2. [FISCAL YEAR20042006.] For fiscal year 24.720042006 only, independent school district No. 280, Richfield, 24.8 is eligible for declining pupil unit aid equal to the product of 24.9 70 percent of the airport impact zone pupil units times the 24.10 general education formula allowance for fiscal year20042006. 24.11 Subd. 3. [FISCAL YEAR20052007.] For fiscal year 24.1220052007 only, independent school district No. 280, Richfield, 24.13 is eligible for declining pupil unit aid equal to the product of 24.14 70 percent of the airport impact zone pupil units times the 24.15 general education formula allowance for fiscal year20052007. 24.16 Subd. 4. [FISCAL YEAR20062008.] For fiscal year 24.1720062008 only, independent school district No. 280, Richfield, 24.18 is eligible for declining pupil unit aid equal to the product of 24.19 52.5 percent of the airport impact zone pupil units times the 24.20 general education formula allowance for fiscal year20062008. 24.21 Subd. 5. [FISCAL YEAR20072009.] For fiscal year 24.2220072009 only, independent school district No. 280, Richfield, 24.23 is eligible for declining pupil unit aid equal to the product of 24.24 35 percent of the airport impact zone pupil units times the 24.25 general education formula allowance for fiscal year20072009. 24.26 Subd. 6. [FISCAL YEAR20082010.] For fiscal year 24.2720082010 only, independent school district No. 280, Richfield, 24.28 is eligible for declining pupil unit aid equal to the product of 24.29 17.5 percent of the airport impact zone pupil units times the 24.30 general education formula allowance for fiscal year20082010. 24.31 Sec. 29. [STAFF DEVELOPMENT RESERVED REVENUE; FISCAL YEARS 24.32 2004 AND 2005.] 24.33 Notwithstanding Minnesota Statutes, section 122A.61, 24.34 subdivision 1, for fiscal years 2004 and 2005 only, a school 24.35 district must reserve an amount equal to at least one percent of 24.36 the basic revenue under Minnesota Statutes, section 126C.10, 25.1 subdivision 2. A district may waive this requirement by a 25.2 majority vote of the licensed teachers in the district and a 25.3 majority vote of the school board. A district in statutory 25.4 operating debt is exempt from this requirement. 25.5 Sec. 30. [LEASE RATE; COOK COUNTY.] 25.6 (a) Notwithstanding Minnesota Statutes, section 92.46, and 25.7 Minnesota Rules, chapter 6122, in 2003, the lease rate for lands 25.8 leased under Minnesota Statutes, section 92.46, that are located 25.9 in Section 16, Township 62 North, Range 4 East, Cook county, 25.10 shall be two percent of the appraised value of the land as 25.11 determined by the commissioner of natural resources at the fifth 25.12 anniversary of the lease. 25.13 (b) In 2004 and every year thereafter, the amount payable 25.14 shall be adjusted for inflation and shall be increased to an 25.15 amount equal to: (1) the amount before the inflation adjustment 25.16 multiplied by (2) one plus the percentage increase in the 25.17 implicit price deflator for government consumption expenditures 25.18 and gross investment for state and local governments prepared by 25.19 the Bureau of Economic Analysis of the United States Department 25.20 of Commerce for the last month of the third quarter of the 25.21 calendar year prior to the year for which the rent is paid. 25.22 Sec. 31. [RECOMMENDATIONS FROM THE KINDERGARTEN THROUGH 25.23 GRADE 12 EDUCATION TASK FORCE ON SCHOOL FINANCE REFORM.] 25.24 The commissioner of children, families, and learning must 25.25 include the following as part of the recommendations of the 25.26 kindergarten through grade 12 education task force on school 25.27 finance reform for fiscal years 2006 and later: 25.28 (1) proposed changes in school district reporting 25.29 requirements that would require districts to report timely and 25.30 accurate financial data for the preceding fiscal year to the 25.31 state and to the public at least 30 days before district 25.32 referendum elections are held; 25.33 (2) the fiscal and policy implications for school districts 25.34 if all district referendum elections were required to be held on 25.35 the first Tuesday following the first Monday in November; 25.36 (3) proposed changes for allowing districts that provide 26.1 transportation services to resident pupils attending a charter 26.2 school outside of the pupils' district attendance areas to bill 26.3 the pupils' charter school for transportation costs that exceed 26.4 the pupils' transportation aid under Minnesota Statutes, section 26.5 124D.11, subdivision 2; 26.6 (4) proposed changes for reimbursing resident school 26.7 districts for excess special education costs billed back by 26.8 charter schools and school districts serving open enrolled 26.9 special education students; and 26.10 (5) proposed changes in the alternative facilities and levy 26.11 program or another program to provide a financing mechanism for 26.12 school districts to address facility maintenance issues where 26.13 the renovation or maintenance costs of a facility exceed the 26.14 cost of facility replacement, such as the unsafe microbe growth 26.15 infestation at Forest elementary school in independent school 26.16 district No. 281, Robbinsdale. 26.17 Sec. 32. [APPROPRIATIONS.] 26.18 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 26.19 LEARNING.] The sums indicated in this section are appropriated 26.20 from the general fund to the department of children, families, 26.21 and learning for the fiscal years designated. 26.22 Subd. 2. [GENERAL EDUCATION AID.] For general education 26.23 aid under Minnesota Statutes, section 126C.13, subdivision 4: 26.24 $4,762,631,000 ..... 2004 26.25 $5,129,070,000 ..... 2005 26.26 The 2004 appropriation includes $857,432,000 for 2003 and 26.27 $3,905,199,000 for 2004. 26.28 The 2005 appropriation includes $1,012,428,000 for 2004 and 26.29 $4,116,642,000 for 2005. 26.30 Subd. 3. [REFERENDUM TAX BASE REPLACEMENT AID.] For 26.31 referendum tax base replacement aid under Minnesota Statutes, 26.32 section 126C.17, subdivision 7a: 26.33 $7,841,000 ..... 2004 26.34 $8,543,000 ..... 2005 26.35 The 2004 appropriation includes $1,419,000 for 2003 and 26.36 $6,422,000 for 2004. 27.1 The 2005 appropriation includes $1,605,000 for 2004 and 27.2 $6,938,000 for 2005. 27.3 Subd. 4. [ENROLLMENT OPTIONS TRANSPORTATION.] For 27.4 transportation of pupils attending postsecondary institutions 27.5 under Minnesota Statutes, section 124D.09, or for transportation 27.6 of pupils attending nonresident districts under Minnesota 27.7 Statutes, section 124D.03: 27.8 $50,000 ..... 2004 27.9 $55,000 ..... 2005 27.10 Subd. 5. [ABATEMENT REVENUE.] For abatement aid under 27.11 Minnesota Statutes, section 127A.49: 27.12 $2,680,000 ..... 2004 27.13 $2,937,000 ..... 2005 27.14 The 2004 appropriation includes $472,000 for 2003 and 27.15 $2,208,000 for 2004. 27.16 The 2005 appropriation includes $551,000 for 2004 and 27.17 $2,386,000 for 2005. 27.18 Subd. 6. [CONSOLIDATION TRANSITION.] For districts 27.19 consolidating under Minnesota Statutes, section 123A.485: 27.20 $207,000 ..... 2004 27.21 $607,000 ..... 2005 27.22 The 2004 appropriation includes $35,000 for 2003 and 27.23 $172,000 for 2004. 27.24 The 2005 appropriation includes $42,000 for 2004 and 27.25 $565,000 for 2005. 27.26 Subd. 7. [TORNADO IMPACT; YELLOW MEDICINE EAST.] For a 27.27 grant to independent school district No. 2190, Yellow Medicine 27.28 East, for tornado impact declining enrollment aid: 27.29 $78,000 ..... 2004 27.30 $39,000 ..... 2005 27.31 Subd. 8. [DECLINING PUPIL AID; ALBERT LEA.] For declining 27.32 pupil aid to independent school district No. 241, Albert Lea: 27.33 $225,000 ..... 2004 27.34 $150,000 ..... 2005 27.35 Subd. 9. [DECLINING PUPIL AID; MESABI EAST.] For declining 27.36 pupil aid to independent school district No. 2711, Mesabi East: 28.1 $150,000 ..... 2004 28.2 $100,000 ..... 2005 28.3 Subd. 10. [DECLINING PUPIL AID; ROSEAU.] For declining 28.4 pupil aid to independent school district No. 682, Roseau: 28.5 $30,000 ..... 2004 28.6 $20,000 ..... 2005 28.7 Subd. 11. [NONPUBLIC PUPIL AID.] For nonpublic pupil 28.8 education aid under Minnesota Statutes, sections 123B.87 and 28.9 123B.40 to 123B.43: 28.10 $15,044,000 ..... 2004 28.11 $15,699,000 ..... 2005 28.12 The 2004 appropriation includes $2,715,000 for 2003 and 28.13 $12,329,000 for 2004. 28.14 The 2005 appropriation includes $3,082,000 for 2004 and 28.15 $12,617,000 for 2005. 28.16 Subd. 12. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 28.17 pupil transportation aid under Minnesota Statutes, section 28.18 123B.92, subdivision 9: 28.19 $23,210,000 ..... 2004 28.20 $22,416,000 ..... 2005 28.21 The 2004 appropriation includes $3,990,000 for 2003 and 28.22 $19,220,000 for 2004. 28.23 The 2005 appropriation includes $4,805,000 for 2004 and 28.24 $17,611,000 for 2005. 28.25 Subd. 13. [ONE-ROOM SCHOOLHOUSE.] For a grant to 28.26 independent school district No. 690, Warroad, to operate the 28.27 Angle Inlet school: 28.28 $50,000 ..... 2004 28.29 $50,000 ..... 2005 28.30 The budget base for this item for fiscal year 2006 and each 28.31 year thereafter is $50,000. 28.32 ARTICLE 2 28.33 EDUCATIONAL EXCELLENCE AND OTHER POLICY 28.34 Section 1. Minnesota Statutes 2002, section 13.485, is 28.35 amended by adding a subdivision to read: 28.36 Subd. 5. [SCHOOL DISTRICT CONTRACTS.] Financial statements 29.1 submitted by certain contractors with school districts are 29.2 classified under section 574.26. 29.3 Sec. 2. Minnesota Statutes 2002, section 120A.05, 29.4 subdivision 11, is amended to read: 29.5 Subd. 11. [MIDDLE SCHOOL.] "Middle school" means any 29.6 school other than a secondary school giving an approved course 29.7 of study in a minimum ofthreetwo consecutive grades above 4th 29.8 but below 10th with building, equipment, courses of study, class 29.9 schedules, enrollment, and staff meeting the standards 29.10 established by the commissioner of children, families, and 29.11 learning. 29.12 [EFFECTIVE DATE.] This section is effective for the 29.13 2003-2004 school year and later. 29.14 Sec. 3. Minnesota Statutes 2002, section 120A.24, 29.15 subdivision 4, is amended to read: 29.16 Subd. 4. [REPORTS TO THE STATE.] A superintendent must 29.17 make an annual report to the commissioner of children, families, 29.18 and learning. The report must include the following information: 29.19 (1) the number of children residing in the district 29.20 attending nonpublic schools or receiving instruction from 29.21 persons or institutions other than a public school; 29.22 (2) the number of children in clause (1) who are in 29.23 compliance with section 120A.22 and this section; and 29.24 (3) thenames, ages, and addressesnumber of childrenwhom29.25 in clause (1) who the superintendent has determined are not in 29.26 compliance with section 120A.22 and this section. 29.27 Sec. 4. Minnesota Statutes 2002, section 120A.41, is 29.28 amended to read: 29.29 120A.41 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.] 29.30 A school board's annual school calendar must include at 29.31 leastthree additional days of student instruction or staff29.32development training related to implementing section 120B.031,29.33subdivision 1, paragraph (f), beyondthe number of days of 29.34 student instruction the board formally adopted as its school 29.35 calendar at the beginning of the 1996-1997 school year. 29.36 [EFFECTIVE DATE.] This section is effective for the 30.1 2003-2004 school year. 30.2 Sec. 5. Minnesota Statutes 2002, section 120B.35, is 30.3 amended by adding a subdivision to read: 30.4 Subd. 5. [IMPROVING GRADUATION RATES FOR STUDENTS WITH 30.5 EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 30.6 strategies in conjunction with parents of students with 30.7 emotional or behavioral disorders and the county board 30.8 responsible for implementing sections 245.487 to 245.4888 to 30.9 keep students with emotional or behavioral disorders in school, 30.10 when the district has a drop-out rate for students with an 30.11 emotional or behavioral disorder exceeding 25 percent. 30.12 (b) A district must develop a plan in conjunction with 30.13 parents of students with emotional or behavioral disorders and 30.14 the local mental health authority to increase the graduation 30.15 rates of students with emotional or behavioral disorders. A 30.16 district with a drop-out rate for children with an emotional or 30.17 behavioral disturbance in the top 25 percent of all districts 30.18 shall submit a plan for review and oversight to the commissioner. 30.19 Sec. 6. Minnesota Statutes 2002, section 121A.23, is 30.20 amended to read: 30.21 121A.23 [PROGRAMS TO PREVENT AND REDUCE THE RISKS OF 30.22 SEXUALLY TRANSMITTED INFECTIONSAND DISEASES.] 30.23 Subdivision 1. [SEXUALLY TRANSMITTEDDISEASESINFECTION 30.24 PROGRAM.] The commissioner of children, families, and learning, 30.25 in consultation with the commissioner of health, shall assist 30.26 districts in developing and implementing a program to prevent 30.27 and reduce the risk of sexually transmitted infectionsand30.28diseases, including, but notexclusivelimited to, human 30.29 immune deficiency virus and human papilloma virus. Each 30.30 district must have a program that includes at least: 30.31 (1) planning materials, guidelines, and other technically 30.32 accurate and updated information; 30.33 (2) a comprehensive, technically accurate, and updated 30.34 curriculum thatincludesemphasizes, but is not limited to, 30.35 helping students to abstain from sexual activityuntil marriage; 30.36 (3) cooperation and coordination among districts and SCs; 31.1 (4) a targeting of adolescents, especially those who may be 31.2 at high risk of contracting sexually transmitted infectionsand31.3diseases, for prevention efforts; 31.4 (5) involvement of parents and other community members; 31.5 (6) in-service training for appropriate district staff and 31.6 school board members; 31.7 (7) collaboration with state agencies and organizations 31.8 having a sexually transmitted infectionand diseaseprevention 31.9 or sexually transmitted infectionand diseaserisk reduction 31.10 program; 31.11 (8) collaboration with local community health services, 31.12 agencies and organizations having a sexually transmitted 31.13 infectionand diseaseprevention or sexually transmitted 31.14 infectionand diseaserisk reduction program; and 31.15 (9) participation by state and local student organizations. 31.16The department may provide assistance at a neutral site to31.17a nonpublic school participating in a district's program.31.18District programs must not conflict with the health and wellness31.19curriculum developed under Laws 1987, chapter 398, article 5,31.20section 2, subdivision 7.31.21If a district fails to develop and implement a program to31.22prevent and reduce the risk of sexually transmitted infection31.23and disease, the department must assist the service cooperative31.24in the region serving that district to develop or implement the31.25program.31.26 Subd. 2. [FUNDING SOURCES.] Districts may accept funds for 31.27 sexually transmitted infectionand diseaseprevention programs 31.28 developed and implemented under this section from public and 31.29 private sources including public health funds and foundations, 31.30 department professional development funds, federal block grants 31.31 or other federal or state grants. 31.32 Sec. 7. Minnesota Statutes 2002, section 121A.55, is 31.33 amended to read: 31.34 121A.55 [POLICIES TO BE ESTABLISHED.] 31.35 (a) The commissioner of children, families, and learning 31.36 shall promulgate guidelines to assist each school board. Each 32.1 school board shall establish uniform criteria for dismissal and 32.2 adopt written policies and rules to effectuate the purposes of 32.3 sections 121A.40 to 121A.56. The policies shall emphasize 32.4 preventing dismissals through early detection of problems and 32.5 shall be designed to address students' inappropriate behavior 32.6 from recurring. The policies shall recognize the continuing 32.7 responsibility of the school for the education of the pupil 32.8 during the dismissal period. The alternative educational 32.9 services, if the pupil wishes to take advantage of them, must be 32.10 adequate to allow the pupil to make progress towards meeting the 32.11 graduation standards adopted under section 120B.02 and help 32.12 prepare the pupil for readmission. 32.13 (b) An area learning center under section 123A.05 may not 32.14 prohibit an expelled or excluded pupil from enrolling solely 32.15 because a district expelled or excluded the pupil. The board of 32.16 the area learning center may use the provisions of the Pupil 32.17 Fair Dismissal Act to exclude a pupil or to require an admission 32.18 plan. 32.19 (c) The commissioner shall actively encourage and assist 32.20 school districts to cooperatively establish alternative 32.21 educational services within school buildings or at alternative 32.22 program sites that offer instruction to pupils who are dismissed 32.23 from school for willfully engaging in dangerous, disruptive, or 32.24 violent behavior, including for possessing a firearm in a school 32.25 zone. 32.26 (d) Each school district shall develop a policy and report 32.27 it to the commissioner on the appropriate use of peace officers 32.28 and crisis teams to remove students who have an individualized 32.29 education plan from school grounds. 32.30 Sec. 8. Minnesota Statutes 2002, section 121A.61, 32.31 subdivision 3, is amended to read: 32.32 Subd. 3. [POLICY COMPONENTS.] The policy must include at 32.33 least the following components: 32.34 (a) rules governing student conduct and procedures for 32.35 informing students of the rules; 32.36 (b) the grounds for removal of a student from a class; 33.1 (c) the authority of the classroom teacher to remove 33.2 students from the classroom pursuant to procedures and rules 33.3 established in the district's policy; 33.4 (d) the procedures for removal of a student from a class by 33.5 a teacher, school administrator, or other school district 33.6 employee; 33.7 (e) the period of time for which a student may be removed 33.8 from a class, which may not exceed five class periods for a 33.9 violation of a rule of conduct; 33.10 (f) provisions relating to the responsibility for and 33.11 custody of a student removed from a class; 33.12 (g) the procedures for return of a student to the specified 33.13 class from which the student has been removed; 33.14 (h) the procedures for notifying a student and the 33.15 student's parents or guardian of violations of the rules of 33.16 conduct and of resulting disciplinary actions; 33.17 (i) any procedures determined appropriate for encouraging 33.18 early involvement of parents or guardians in attempts to improve 33.19 a student's behavior; 33.20 (j) any procedures determined appropriate for encouraging 33.21 early detection of behavioral problems; 33.22 (k) any procedures determined appropriate for referring a 33.23 student in need of special education services to those services; 33.24 (1) the procedures for consideration of whether there is a 33.25 need for a further assessment or of whether there is a need for 33.26 a review of the adequacy of a current individual education plan 33.27 of a student with a disability who is removed from class; 33.28 (m) procedures for detecting and addressing chemical abuse 33.29 problems of a student while on the school premises; 33.30 (n) the minimum consequences for violations of the code of 33.31 conduct; 33.32 (o) procedures for immediate and appropriate interventions 33.33 tied to violations of the code;and33.34 (p) a provision that states that a teacher, school 33.35 employee, school bus driver, or other agent of a district may 33.36 use reasonable force in compliance with section 121A.582 and 34.1 other laws; and 34.2 (q) an agreement regarding procedures to coordinate crisis 34.3 services to the extent funds are available with the county board 34.4 responsible for implementing sections 245.487 to 245.4888 for 34.5 students with a serious emotional disturbance or other students 34.6 who have an individualized education plan whose behavior may be 34.7 addressed by crisis intervention. 34.8 Sec. 9. Minnesota Statutes 2002, section 121A.64, is 34.9 amended to read: 34.10 121A.64 [NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL 34.11 INTEREST.] 34.12 (a) A classroom teacher has a legitimate educational 34.13 interest in knowing which students placed in the teacher's 34.14 classroom have a history of violent behavior and must be 34.15 notified before such students are placed in the teacher's 34.16 classroom. 34.17 (b) Representatives of the school board and the exclusive 34.18 representative of the teachers shall discuss issues related to 34.19notification prior to placementthe model policy on student 34.20 records adopted under Laws 1999, chapter 241, article 9, section 34.21 50, and any modifications adopted under this act for notifying 34.22 classroom teachers and other school district employees having a 34.23 legitimate educational interest in knowing about students with a 34.24 history of violent behavior placed in classroomsof students34.25with histories of violent behavior and any. The representatives 34.26 of the school board and the exclusive representative of the 34.27 teachers also may discuss the need for intervention services or 34.28 conflict resolution or training for staffin these casesrelated 34.29 to placing students with a history of violent behavior in 34.30 teachers' classrooms. 34.31 [EFFECTIVE DATE.] This section is effective for the 34.32 2003-2004 school year and later. 34.33 Sec. 10. Minnesota Statutes 2002, section 122A.09, 34.34 subdivision 4, is amended to read: 34.35 Subd. 4. [LICENSE AND RULES.] (a) The board must adopt 34.36 rules to license public school teachers and interns subject to 35.1 chapter 14. 35.2 (b) The board must adopt rules requiring a person to 35.3 successfully complete a skills examination in reading, writing, 35.4 and mathematics as a requirement for initial teacher licensure. 35.5 Such rules must require college and universities offering a 35.6 board approved teacher preparation program to provide remedial 35.7 assistance to persons who did not achieve a qualifying score on 35.8 the skills examination, including those for whom English is a 35.9 second language. 35.10 (c) The board must adopt rules to approve teacher 35.11 preparation programs. The board, upon the request of a 35.12 post-secondary student preparing for teacher licensure or a 35.13 licensed graduate of a teacher preparation program, shall assist 35.14 in resolving a dispute between the person and a post-secondary 35.15 institution providing a teacher preparation program when the 35.16 dispute involves an institution's recommendation for licensure 35.17 affecting the person or the person's credentials. At the 35.18 board's discretion, assistance may include the application of 35.19 chapter 14. 35.20 (d) The board must provide the leadership and shall adopt 35.21 rules for the redesign of teacher education programs to 35.22 implement a research based, results-oriented curriculum that 35.23 focuses on the skills teachers need in order to be effective. 35.24 The board shall implement new systems of teacher preparation 35.25 program evaluation to assure program effectiveness based on 35.26 proficiency of graduates in demonstrating attainment of program 35.27 outcomes. 35.28 (e) The board must adopt rules requiring successful 35.29 completion of an examination of general pedagogical knowledge 35.30 and examinations of licensure-specific teaching skills. The 35.31 rules shall be effective on the dates determined by the board 35.32 but not later than September 1, 2001. 35.33 (f) The board must adopt rules requiring teacher educators 35.34 to work directly with elementary or secondary school teachers in 35.35 elementary or secondary schools to obtain periodic exposure to 35.36 the elementary or secondary teaching environment. 36.1 (g) The board must grant licenses to interns and to 36.2 candidates for initial licenses. 36.3 (h) The board must design and implement an assessment 36.4 system which requires a candidate for an initial license and 36.5 first continuing license to demonstrate the abilities necessary 36.6 to perform selected, representative teaching tasks at 36.7 appropriate levels. 36.8 (i) The board must receive recommendations from local 36.9 committees as established by the board for the renewal of 36.10 teaching licenses. 36.11 (j) The board must grant life licenses to those who qualify 36.12 according to requirements established by the board, and suspend 36.13 or revoke licenses pursuant to sections 122A.20 and 214.10. The 36.14 board must not establish any expiration date for application for 36.15 life licenses. 36.16 (k) The board must adopt rules that require all licensed 36.17 teachers who are renewing their continuing license to include in 36.18 their renewal requirements further preparation in the areas of 36.19 using positive behavior interventions and in accommodating, 36.20 modifying, and adapting curricula, materials, and strategies to 36.21 appropriately meet the needs of individual students and ensure 36.22 adequate progress toward the state's graduation rule. 36.23 (l) In adopting rules to license public school teachers who 36.24 provide health-related services for disabled children, the board 36.25 shall adopt rules consistent with license or registration 36.26 requirements of the commissioner of health and the 36.27 health-related boards who license personnel who perform similar 36.28 services outside of the school. 36.29 (m) The board must adopt rules that require all licensed 36.30 teachers who are renewing their continuing license to include in 36.31 their renewal requirements further reading preparation, 36.32 consistent with section 122A.06, subdivision 4. The rules do 36.33 not take effect until they are approved by law. 36.34 (n) The board must adopt rules that require all licensed 36.35 teachers who are renewing their continuing license to include in 36.36 their renewal requirements further preparation in understanding 37.1 the key warning signs of early-onset mental illness in children 37.2 and adolescents. 37.3 Sec. 11. Minnesota Statutes 2002, section 122A.18, 37.4 subdivision 7a, is amended to read: 37.5 Subd. 7a. [PERMISSION TO SUBSTITUTE TEACH.] (a) The board 37.6 of teaching may allow a person who is enrolled in and making 37.7 satisfactory progress in a board-approved teacher program and 37.8 who has successfully completed student teaching to be employed 37.9 as a short-call substitute teacher. 37.10 (b) The board of teaching may issue a lifetime qualified 37.11 short-call substitute teaching license to a person who: 37.12 (1) was a qualified teacher under section 122A.16 while 37.13 holding a continuing five-year teaching license issued by the 37.14 board, and receives a retirement annuity from the teachers 37.15 retirement association, the Minneapolis teachers retirement fund 37.16 association, the St. Paul teachers retirement fund association, 37.17 or the Duluth teachers retirement fund association; 37.18 (2) holds an out-of-state teaching license and receives a 37.19 retirement annuity as a result of the person's teaching 37.20 experience; or 37.21 (3) held a continuing five-year license issued by the 37.22 board, taught at least three school years in an accredited 37.23 nonpublic school in Minnesota, and receives a retirement annuity 37.24 as a result of the person's teaching experience. 37.25 A person holding a lifetime qualified short-call substitute 37.26 teaching license is not required to complete continuing 37.27 education clock hours. A person holding this license may 37.28 reapply to the board for a continuing five-year license and must 37.29 again complete continuing education clock hours one school year 37.30 after receiving the continuing five-year license. 37.31 [EFFECTIVE DATE.] This section is effective for the 37.32 2003-2004 school year. 37.33 Sec. 12. Minnesota Statutes 2002, section 122A.22, is 37.34 amended to read: 37.35 122A.22 [DISTRICTRECORDINGVERIFICATION OF TEACHER 37.36 LICENSES; DISPLAY.] 38.1 No person shall be accounted a qualified teacher until the 38.2person has filed for record with the district superintendent38.3where the person intends to teach a license, or certified copy38.4of a license, authorizing the person to teach school in the38.5district school system.school district or charter school 38.6 contracting with the person for teaching services verifies 38.7 through the Minnesota education licensing system available on 38.8 the department Web site that person is a qualified teacher, 38.9 consistent with sections 122A.16 and 122A.44, subdivision 1. In 38.10 addition, licensed teachers must prominently display a copy of 38.11 their license or credential in their instructional area or 38.12 office. 38.13 [EFFECTIVE DATE.] This section is effective for the 38.14 2003-2004 school year and later. 38.15 Sec. 13. [122A.34] [CREDENTIAL FOR EDUCATION 38.16 PARAPROFESSIONALS.] 38.17 Subdivision 1. [RULEMAKING.] The board of teaching must 38.18 adopt rules to implement a statewide credential for education 38.19 paraprofessionals who assist a licensed teacher in providing 38.20 student instruction. 38.21 Subd. 2. [TRAINING POSSIBILITIES.] In adopting rules under 38.22 subdivision 1, the board must consider including provisions that 38.23 provide paraprofessionals with training in students' 38.24 characteristics, supporting the teaching and learning 38.25 environment, academic instructional skills, managing student 38.26 behavior, and ethical practices. 38.27 Subd. 3. [INITIAL TRAINING.] Within the first 60 days of 38.28 supervising or working with students, each paraprofessional will 38.29 receive initial training in emergency procedures, 38.30 confidentiality, vulnerability, reporting obligations, 38.31 discipline policies, roles and responsibilities, and a building 38.32 orientation. 38.33 [EFFECTIVE DATE.] This section is effective the day 38.34 following final enactment. 38.35 Sec. 14. Minnesota Statutes 2002, section 122A.40, 38.36 subdivision 5, is amended to read: 39.1 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 39.2 consecutive years of a teacher's first teaching experience in 39.3 Minnesota in a single district is deemed to be a probationary 39.4 period of employment, and after completion thereof, the 39.5 probationary period in each district in which the teacher is 39.6 thereafter employed shall be one year. The school board must 39.7 adopt a plan for written evaluation of teachers during the 39.8 probationary period. Evaluation must occur at least three times 39.9 each year for a teacher performing services on 120 or more 39.10 school days, at least two times each year for a teacher 39.11 performing services on 60 to 119 school days, and at least one 39.12 time each year for a teacher performing services on fewer than 39.13 60 school days. The evaluation must be conducted during the 39.14 school year with at least one evaluation completed by March 1 if 39.15 the teacher is performing services in excess of 120 days in that 39.16 school year. Days devoted to parent-teacher conferences, 39.17 teachers' workshops, and other staff development opportunities 39.18 and days on which a teacher is absent from school must not be 39.19 included in determining the number of school days on which a 39.20 teacher performs services. Except as otherwise provided in 39.21 paragraph (b), during the probationary period any annual 39.22 contract with any teacher may or may not be renewed as the 39.23 school board shall see fit. However, failure to provide the 39.24 evaluation required by March 1 under this section will result in 39.25 the automatic extension of that teacher's probationary period 39.26 for one year, unless the school board decides not to renew the 39.27 teacher's contract because of financial limitations of the 39.28 district. An additional failure to provide the March 1 39.29 evaluation results in the automatic renewal of that teacher's 39.30 contract, unless the school board decides not to renew the 39.31 teacher's contract because of financial limitations in the 39.32 district. The board must give any such teacher whose contract 39.33 it declines to renew for the following school year written 39.34 notice to that effect before July 1. If the teacher requests 39.35 reasons for any nonrenewal of a teaching contract, the board 39.36 must give the teacher its reason in writing, including a 40.1 statement that appropriate supervision was furnished describing 40.2 the nature and the extent of such supervision furnished the 40.3 teacher during the employment by the board, within ten days 40.4 after receiving such request. The school board may, after a 40.5 hearing held upon due notice, discharge a teacher during the 40.6 probationary period for cause, effective immediately, under 40.7 section 122A.44. 40.8 (b) A board must discharge a probationary teacher, 40.9 effective immediately, upon receipt of notice under section 40.10 122A.20, subdivision 1, paragraph (b), that the teacher's 40.11 license has been revoked due to a conviction for child abuse or 40.12 sexual abuse. 40.13 Sec. 15. Minnesota Statutes 2002, section 122A.414, is 40.14 amended by adding a subdivision to read: 40.15 Subd. 3. [REPORT.] Participating districts and school 40.16 sites must report on the implementation and effectiveness of the 40.17 alternative teacher compensation plan, particularly addressing 40.18 each requirement under section 122A.44, subdivision 2, and make 40.19 recommendations biannually by January 1 to their school boards. 40.20 The school boards shall transmit a summary of the findings and 40.21 recommendations of their district to the commissioner. 40.22 Sec. 16. Minnesota Statutes 2002, section 122A.415, 40.23 subdivision 3, is amended to read: 40.24 Subd. 3. [AID TIMING.] (a) Districts or sites with 40.25 approved applications must receive alternative compensation aid 40.26 for each school year that the district or site participates in 40.27 the program as described in this subdivision. Districts or 40.28 sites with applications received by the commissioner before June 40.29 1 of the first year of a two-year contract shall receive 40.30 compensation aid for both years of the contract. Districts or 40.31 sites with applications received by the commissioner after June 40.32 1 of the first year of a two-year contract shall receive 40.33 compensation aid only for the second year of the contract. The 40.34 commissioner must approve initial applications for school 40.35 districts qualifying under subdivision 1, paragraph (b), clause 40.36 (1), by January 15 of each year. If any money remains, the 41.1 commissioner must approve aid amounts for school districts 41.2 qualifying under subdivision 1, paragraph (b), clause (2), by 41.3 February 15 of each year. 41.4 (b) The commissioner shall select applicants that qualify 41.5 for this program, notify school districts and school sites about 41.6 the program, develop and disseminate application materials, and 41.7 carry out other activities needed to implement this section. 41.8 Sec. 17. Minnesota Statutes 2002, section 122A.46, 41.9 subdivision 9, is amended to read: 41.10 Subd. 9. [BENEFITS.] A teacher on an extended leave of 41.11 absence shall receive all of the health, accident, medical, 41.12 surgical and hospitalization insurance or benefits, for both the 41.13 teacher and the teacher's dependents, for which the teacher 41.14 would otherwise be eligible if not on an extended leave. A 41.15 teacher shall receive the coverage if such coverage is available 41.16 from the school district's insurer, if the teacher requests the 41.17 coverage, and if the teacher either (a) reimburses the district 41.18 for the full amount of the premium necessary to maintain the 41.19 coverage within one monthfollowingpreceding the district's 41.20 payment of the premium, or (b) if the district is wholly or 41.21 partially self-insured, pays the district, according to a 41.22 schedule agreed upon by the teacher and the school board, an 41.23 amount determined by the school board to be the amount that 41.24 would be charged for the coverage chosen by the teacher if the 41.25 school board purchased all health, accident, medical, surgical 41.26 and hospitalization coverage for its teachers from an 41.27 insurer. A school district may enter into an agreement with the 41.28 exclusive bargaining representative of teachers in the district 41.29 where the district agrees to pay all or a portion of the premium 41.30 for such coverage. Any such agreement must include a sunset of 41.31 eligibility to qualify for the payment and must not be a 41.32 continuing part of the collective bargaining agreement. 41.33 [EFFECTIVE DATE.] This section is effective the day 41.34 following final enactment and applies to agreements in effect or 41.35 entered into after that date. 41.36 Sec. 18. [123B.025] [SCHOOL SPONSORSHIP AND ADVERTISING 42.1 REVENUE.] 42.2 Subdivision 1. [BOARD AUTHORITY; CONTRACTS.] A school 42.3 board may enter into a contract with advertisers, sponsors, or 42.4 others regarding advertising and naming rights to school 42.5 facilities under the general charge of the district. A contract 42.6 authorized under this section must be approved by the school 42.7 board. The powers granted to a school board under this section 42.8 are in addition to any other authority the school district may 42.9 have. 42.10 Subd. 2. [AUTHORIZED AGREEMENTS.] A school district may 42.11 enter into a contract to: 42.12 (1) lease the naming rights for school facilities, 42.13 including school buildings, ice arenas, and stadiums; 42.14 (2) sell advertising on or in the facilities listed in 42.15 clause (1); and 42.16 (3) otherwise enter into an agreement with a sponsoring 42.17 agent. 42.18 Subd. 3. [REVENUE USES.] Revenue generated under this 42.19 section must be used according to a plan specified by the school 42.20 board. 42.21 Sec. 19. [123B.061] [IMPROVING STUDENT ACCESS TO SERVICES 42.22 SUPPORTING ACADEMIC SUCCESS.] 42.23 (a) Districts and the department shall explore 42.24 opportunities for obtaining additional funds to improve 42.25 students' access to needed licensed student support services 42.26 including, but not limited to, medical assistance 42.27 reimbursements, local collaborative time study funds, federal 42.28 funds, public health funds, and specifically designated funds. 42.29 (b) Districts and the department must consider nationally 42.30 recommended licensed staff-to-student ratios when working to 42.31 improve student access to needed student services: 42.32 (1) one licensed school nurse to 750 students; 42.33 (2) one licensed school social worker to 500 students; 42.34 (3) one licensed school psychologist to 1,000 students; 42.35 (4) one licensed school counselor to 250 secondary school 42.36 students and one licensed school counselor to 400 elementary 43.1 school students; and 43.2 (5) one or more school chemical health counselors who may 43.3 be one of the professionals listed in this paragraph if the 43.4 staff-to-student ratios are adjusted. 43.5 School districts shall develop the student services team 43.6 according to the needs as determined by the school board of the 43.7 respective districts. 43.8 [EFFECTIVE DATE.] This section is effective the day 43.9 following final enactment. 43.10 Sec. 20. Minnesota Statutes 2002, section 123B.14, 43.11 subdivision 1, is amended to read: 43.12 Subdivision 1. [OFFICER SELECTION.]Within ten days after43.13the election of the first board in independent districts and43.14annually thereafter on July 1,On the first Monday of January of 43.15 each year, or as soon thereafter as practicable, the board must 43.16 meet and organize by selecting a chair, clerk, and a treasurer, 43.17 who shall hold their offices for one year and until their 43.18 successors are selected and qualify. The persons who perform the 43.19 duties of the clerk and treasurer need not be members of the 43.20 board and the board by resolution may combine the duties of the 43.21 offices of clerk and treasurer in a single person in the office 43.22 of business affairs. They may appoint a superintendent who 43.23 shall be ex officio a member of the board, but not entitled to 43.24 vote therein.In districts in which board members are elected43.25at the general election in November, the annual meeting of the43.26board must be held on the first Monday of January or as soon43.27thereafter as practicable.43.28 Sec. 21. Minnesota Statutes 2002, section 123B.90, 43.29 subdivision 2, is amended to read: 43.30 Subd. 2. [STUDENT TRAINING.] (a) Each district must 43.31 provide public school pupils enrolled ingradeskindergarten 43.32 through grade 10 with age-appropriate school bus safety training.43.33The training must be results-oriented and shall consist of both43.34classroom instruction and practical training using a school43.35bus. Upon completing the training, a student shall be able to43.36demonstrate knowledge and understanding, as described in this 44.1 section ofat leastthe followingcompetencies andconcepts: 44.2 (1) transportation by school bus is a privilege and not a 44.3 right; 44.4 (2) district policies for student conduct and school bus 44.5 safety; 44.6 (3) appropriate conduct while on the school bus; 44.7 (4) the danger zones surrounding a school bus; 44.8 (5) procedures for safely boarding and leaving a school 44.9 bus; 44.10 (6) procedures for safe street or road crossing; and 44.11 (7) school bus evacuationand other emergency procedures;44.12and44.13(8) appropriate training on the use of lap belts or lap and44.14shoulder belts, if the district uses buses equipped with lap44.15belts or lap and shoulder belts. 44.16 (b) Each nonpublic school located within the district must 44.17 provide all nonpublic school pupils enrolled ingrades44.18 kindergarten through grade 10 who are transported by school bus 44.19 at public expense and attend school within the district's 44.20 boundaries with training as required in paragraph (a).The44.21school district shall make a bus available for the practical44.22training if the district transports the nonpublic students.44.23Each nonpublic school shall provide the instruction.44.24 (c)AllStudents enrolled ingradeskindergarten through344.25 grade 6 who are transported by school bus and are enrolled 44.26 during the first or second week of school mustdemonstrate44.27achievement ofreceive the school bus safety training 44.28 competencies by the end of the third week of school.All44.29 Students enrolled in grades47 through 10 who are transported 44.30 by school bus and are enrolled during the first or second week 44.31 of school and have not received school bus safety training in 44.32 kindergarten through grade 6 mustdemonstrate achievement44.33ofreceive the competencies by the end of the sixth week of 44.34 school. Students grades 9 and 10 must receive training in the 44.35 laws and proper procedures when operating a motor vehicle in the 44.36 vicinity of a school bus. Students enrolled ingrades45.1 kindergarten through grade 10 who enroll in a school after the 45.2 second week of school and are transported by school bus and have 45.3 not received training in their previous school district shall 45.4 undergo school bus safety trainingand demonstrate achievement45.5of the school bus safety competenciesor receive bus safety 45.6 instructional materials within four weeks of the first day of 45.7 attendance. The school transportation safety director in each 45.8 district must certify to thecommissionersuperintendent of 45.9 schools annually that all students transported by school bus 45.10 within the district havesatisfactorily demonstrated knowledge45.11and understanding ofreceived the school bus safetycompetencies45.12 training according to this sectionor provide an explanation for45.13a student's failure to demonstrate the competencies. The 45.14 principal or other chief administrator of each nonpublic school 45.15 must certify annually to the school transportation safety 45.16 director of the district in which the school is located thatall45.17ofthe school's students transported by school bus at public 45.18 expense have received training according to this section.A45.19district may deny transportation to a student who fails to45.20demonstrate the competencies, unless the student is unable to45.21achieve the competencies due to a disability, or to a student45.22who attends a nonpublic school that fails to provide training as45.23required by this subdivision.45.24 (d) A district and a nonpublic school with students 45.25 transported by school bus at public expensemust, to the extent45.26possible,may provide kindergarten pupils with bus safety 45.27 training before the first day of school. 45.28 (e) A district and a nonpublic school with students 45.29 transported by school bus at public expensemustmay also 45.30 provide student safety education for bicycling and pedestrian 45.31 safety, for students enrolled ingradeskindergarten through 45.32 grade 5. 45.33 (f) A district and a nonpublic school with students 45.34 transported by school bus at public expense must make reasonable 45.35 accommodations for the school bus, bicycle, and pedestrian45.36 safety training of pupils known to speak English as a second 46.1 language and pupils with disabilities. 46.2 (g) The district must provide students enrolled in 46.3 kindergarten through grade 3 school bus safety training twice 46.4 during the school year. 46.5 Sec. 22. Minnesota Statutes 2002, section 123B.90, 46.6 subdivision 3, is amended to read: 46.7 Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner shall 46.8 develop a comprehensive model school bus safety training program 46.9 for pupils who ride the bus that includes bus safety curriculum 46.10 for both classroom and practical instruction, methods for46.11assessing attainment of school bus safety competencies,and 46.12 age-appropriate instructional materials.The model training46.13program for students riding buses with lap belts or lap and46.14shoulder belts must include information on the appropriate use46.15of lap belts or lap and shoulder belts. The program must be46.16adaptable for use by students with disabilities.46.17 Sec. 23. Minnesota Statutes 2002, section 123B.91, 46.18 subdivision 1, is amended to read: 46.19 Subdivision 1. [COMPREHENSIVE POLICY.](a)Each district 46.20 shalldevelop and implementmaintain a comprehensive, written 46.21 policy governing pupil transportation safety, including 46.22 transportation of nonpublic school students, when applicable. 46.23 The policy, at minimum, must contain: 46.24 (1) provisions for appropriate student bus safety training 46.25 under section 123B.90; 46.26 (2) rules governing student conduct on school buses and in 46.27 school bus loading and unloading areas; 46.28 (3) a statement of parent or guardian responsibilities 46.29 relating to school bus safety; 46.30 (4)provisions for notifying students and parents or46.31guardians of their responsibilities and the rules, including the46.32district's seat belt policy, if applicable;46.33(5)an intradistrict system for reporting school bus 46.34 accidents or misconduct and a system for dealing with local law 46.35 enforcement officials in cases of criminal conduct on a school 46.36 bus; 47.1(6)(5) a discipline policy to address violations of school 47.2 bus safety rules, including procedures for revoking a student's 47.3 bus riding privileges in cases of serious or repeated 47.4 misconduct; 47.5(7)(6) a system for integrating school bus misconduct 47.6 records with other discipline records; 47.7(8) a statement of bus driver duties;47.8(9)(7) where applicable, provisions governing bus monitor 47.9 qualifications, training, and duties; 47.10(10)(8) rules governing the use and maintenance of type 47.11 III vehicles, drivers of type III vehicles, qualifications to 47.12 drive a type III vehicle, qualifications for a type III vehicle, 47.13 and the circumstances under which a student may be transported 47.14 in a type III vehicle; 47.15(11)(9) operating rules and procedures; 47.16(12) provisions for annual bus driver in-service training47.17and evaluation;47.18(13)(10) emergency procedures; 47.19(14)(11) a system for maintaining and inspecting 47.20 equipment; and 47.21(15)(12) any other requirements of the school district, if47.22any, that exceed state law minimum requirements for school bus47.23operations; and47.24(16) requirements for basic first aid training, which must47.25include the Heimlich maneuver and procedures for dealing with47.26obstructed airways, shock, bleeding, and seizures. 47.27(b) Districts are encouraged to use the model policy47.28developed by the Minnesota school boards association, the47.29department of public safety, and the department of children,47.30families, and learning, as well as the current edition of the47.31"National Standards for School Transportation," in developing47.32safety policies. Each district shall review its policy annually47.33to ensure that it conforms to law.47.34 Sec. 24. Minnesota Statutes 2002, section 124D.10, 47.35 subdivision 2a, is amended to read: 47.36 Subd. 2a. [CHARTER SCHOOL ADVISORY COUNCIL.] (a) A charter 48.1 school advisory council is established under section 15.059, 48.2 except that the terms of the members shall be three years. The 48.3 members of the council shall be appointed by the commissioner. 48.4 The advisory council is composed of seven members from 48.5 throughout the state who have demonstrated experience with or 48.6 interest in charter schools. The advisory council shall bring 48.7 to the attention of the commissioner any matters related to 48.8 charter schools that the council deems necessary and shall: 48.9 (1) encourage school boards to make full use of charter 48.10 school opportunities; 48.11 (2) encourage the creation of innovative schools; 48.12 (3) provide leadership and support for charter school 48.13 sponsors to increase the innovation in and the effectiveness, 48.14 accountability, and fiscal soundness of charter schools; 48.15 (4) serve an ombudsman function in facilitating the 48.16 operations of new and existing charter schools; 48.17 (5) promote timely financial management training for newly 48.18 elected members of a charter school board of directors and 48.19 ongoing training for other members of a charter school board of 48.20 directors; and 48.21 (6)review charter school applications and recommend48.22approving or disapproving the applications; and48.23(7)facilitate compliance with auditing and other reporting 48.24 requirements. The advisory council shall refer all its 48.25 proposals to the commissioner who shall provide time for reports 48.26 from the council. 48.27 (b) The charter school advisory council under this 48.28 subdivision expires June 30,20032007. 48.29 Sec. 25. Minnesota Statutes 2002, section 124D.10, 48.30 subdivision 3, is amended to read: 48.31 Subd. 3. [SPONSOR.] (a) A school board; intermediate 48.32 school district school board; education district organized under 48.33 sections 123A.15 to 123A.19; charitable organization under 48.34 section 501(c)(3) of the Internal Revenue Code of 1986 that is a 48.35 member of the Minnesota council of nonprofits or the Minnesota 48.36 council on foundations, registered with the attorney general's 49.1 office, and reports an end-of-year fund balance of at least 49.2 $2,000,000; Minnesota private college that grants two- or 49.3 four-year degrees and is registered with the higher education 49.4 services office under chapter 136A; community college, state 49.5 university, or technical college, governed by the board of 49.6 trustees of the Minnesota state colleges and universities; or 49.7 the University of Minnesota may sponsor one or more charter 49.8 schools. 49.9 (b) A nonprofit corporation subject to chapter 317A, 49.10 described in section 317A.905, and exempt from federal income 49.11 tax under section 501(c)(6) of the Internal Revenue Code of 49.12 1986, may sponsor one or more charter schools if the charter 49.13 school has operated for at least three years under a different 49.14 sponsor and if the nonprofit corporation has existed for at 49.15 least 25 years. 49.16 [EFFECTIVE DATE.] This section is effective for the 49.17 2003-2004 school year and later. 49.18 Sec. 26. Minnesota Statutes 2002, section 124D.10, 49.19 subdivision 4, is amended to read: 49.20 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may 49.21 authorize one or more licensed teachers under section 122A.18, 49.22 subdivision 1, to operate a charter school subject to approval 49.23 by the commissioner. A board must vote on charter school 49.24 application for sponsorship no later than 90 days after 49.25 receiving the application. After 90 days, the applicant may 49.26 apply to the commissioner. If a board elects not to sponsor a 49.27 charter school, the applicant may appeal the board's decision to 49.28 the commissioner. The commissioner may elect to sponsor the 49.29 charter school or assist the applicant in finding an eligible 49.30 sponsor. The school must be organized and operated as a 49.31 cooperative under chapter 308A or nonprofit corporation under 49.32 chapter 317A and the provisions under the applicable chapter 49.33 shall apply to the school except as provided in this section. 49.34 Notwithstanding sections 465.717 and 465.719, a school district 49.35 may create a corporation for the purpose of creating a charter 49.36 school. 50.1 (b) Before the operators may form and operate a school, the 50.2 sponsor must file an affidavit with the commissioner stating its 50.3 intent to authorize a charter school. The affidavit must state 50.4 the terms and conditions under which the sponsor would authorize 50.5 a charter school. The commissioner must approve or disapprove 50.6 the sponsor's proposed authorization within 60 days of receipt 50.7 of the affidavit. Failure to obtain commissioner approval 50.8 precludes a sponsor from authorizing the charter school that was 50.9 the subject of the affidavit. 50.10 (c) The operators authorized to organize and operate a 50.11 school, before entering into a contract or other agreement for 50.12 professional or other services, goods, or facilities, must 50.13 incorporate as a cooperative under chapter 308A or as a 50.14 nonprofit corporation under chapter 317A and must establish a 50.15 board of directors composed of at least five members until a 50.16 timely election for members of the charter school board of 50.17 directors is held according to the school's articles and 50.18 bylaws. A charter school board of directors must be composed of 50.19 at least five members. Any staff members who are employed at 50.20 the school, including teachers providing instruction under a 50.21 contract with a cooperative, and all parents of children 50.22 enrolled in the school may participate in the election for 50.23 members of the school's board of directors. Licensed teachers 50.24 employed at the school, including teachers providing instruction 50.25 under a contract with a cooperative, must be a majority of the 50.26 members of the board of directors before the school completes 50.27 its third year of operation, unless the commissioner waives the 50.28 requirement for a majority of licensed teachers on the board. 50.29 Board of director meetings must comply with chapter 13D. 50.30 (d) The granting or renewal of a charter by a sponsoring 50.31 entity must not be conditioned upon the bargaining unit status 50.32 of the employees of the school. 50.33 (e) A sponsor may authorize the operators of a charter 50.34 school to expand the operation of the charter school to 50.35 additional sites or to add additional grades at the school 50.36 beyond those described in the sponsor's application as approved 51.1 by the commissioner only after submitting a supplemental 51.2 application to the commissioner in a form and manner prescribed 51.3 by the commissioner. The supplemental application must provide 51.4 evidence that: 51.5 (1) the expansion of the charter school is supported by 51.6 need and projected enrollment; 51.7 (2) the charter school is fiscally sound; 51.8 (3) the sponsor supports the expansion; and 51.9 (4) the building of the additional site meets all health 51.10 and safety requirements to be eligible for lease aid. 51.11 (f) The commissioner annually must provide timely financial 51.12 management training to newly elected members of a charter school 51.13 board of directors and ongoing training to other members of a 51.14 charter school board of directors. Training must address ways 51.15 to: 51.16 (1) proactively assess opportunities for a charter school 51.17 to maximize all available revenue sources; 51.18 (2) establish and maintain complete, auditable records for 51.19 the charter school; 51.20 (3) establish proper filing techniques; 51.21 (4) document formal actions of the charter school, 51.22 including meetings of the charter school board of directors; 51.23 (5) properly manage and retain charter school and student 51.24 records; 51.25 (6) comply with state and federal payroll record-keeping 51.26 requirements; and 51.27 (7) address other similar factors that facilitate 51.28 establishing and maintaining complete records on the charter 51.29 school's operations. 51.30 [EFFECTIVE DATE.] This section is effective for fiscal year 51.31 2008 and later. 51.32 Sec. 27. Minnesota Statutes 2002, section 124D.10, 51.33 subdivision 20, is amended to read: 51.34 Subd. 20. [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a 51.35 teacher employed by a district makes a written request for an 51.36 extended leave of absence to teach at a charter school, the 52.1 district must grant the leave. The district must grant a leave 52.2for any number ofnot to exceed five yearsrequested by the52.3teacher, and must. Any request to extend the leaveat the52.4teacher's requestshall be granted only at the discretion of the 52.5 school board. The district may require that the request for a 52.6 leave or extension of leave be made up to 90 days before the 52.7 teacher would otherwise have to report for duty. Except as 52.8 otherwise provided in this subdivision and except for section 52.9 122A.46, subdivision 7, the leave is governed by section 52.10 122A.46, including, but not limited to, reinstatement, notice of 52.11 intention to return, seniority, salary, and insurance. 52.12 During a leave, the teacher may continue to aggregate 52.13 benefits and credits in the teachers' retirement association 52.14 account by paying both the employer and employee contributions 52.15 based upon the annual salary of the teacher for the last full 52.16 pay period before the leave began. The retirement association 52.17 may impose reasonable requirements to efficiently administer 52.18 this subdivision. 52.19 [EFFECTIVE DATE.] This section is effective the day 52.20 following final enactment and applies to approvals of leaves or 52.21 approvals of extensions of leaves made after that date. 52.22 Notwithstanding Minnesota Statutes 2002, section 122A.46, 52.23 subdivision 2, a school district, upon request, must grant a 52.24 one-year extension for the 2003-2004 school year to a teacher on 52.25 a leave of absence to teach at a charter school under this 52.26 subdivision who has been on leave for five or more years as of 52.27 the 2003-2004 school year. 52.28 Sec. 28. Minnesota Statutes 2002, section 124D.11, 52.29 subdivision 6, is amended to read: 52.30 Subd. 6. [OTHER AID, GRANTS, REVENUE.] (a) A charter 52.31 school is eligible to receive other aids, grants, and revenue 52.32 according to chapters 120A to 129C, as though it were a district. 52.33 (b) Notwithstanding paragraph (a), a charter school may not 52.34 receive aid, a grant, or revenue if a levy is required to obtain 52.35 the money, except as otherwise provided in this section. 52.36 (c) Federal aid received by the state must be paid to the 53.1 school, if it qualifies for the aid as though it were a school 53.2 district. 53.3 (d) A charter school may receive money from any source for 53.4 capital facilities needs. In the year-end report to the 53.5 commissioner of children, families, and learning, the charter 53.6 school shall report the total amount of funds received from 53.7 grants and other outside sources. 53.8(e) Notwithstanding paragraph (a) or (b), a charter school53.9may apply for a grant to receive the aid portion of integration53.10revenue under section 124D.86, subdivision 3, for enrolled53.11students who are residents of a district that is eligible for53.12integration revenue. The commissioner shall determine grant53.13recipients and may adopt application guidelines. The grants53.14must be competitively determined and must demonstrate that53.15enrolling pupils in the charter school contributes to53.16desegregation or integration purposes as determined by the53.17commissioner. If the charter school has elected not to provide53.18transportation under section 124D.10, subdivision 16, the aid53.19shall be reduced by the amount per pupil unit specified for the53.20district where the charter school is located under section53.21123B.92, subdivision 8.53.22 [EFFECTIVE DATE.] This section is effective for revenue for 53.23 fiscal year 2004. 53.24 Sec. 29. Minnesota Statutes 2002, section 124D.454, 53.25 subdivision 1, is amended to read: 53.26 Subdivision 1. [PURPOSE.] The purpose of this section is 53.27 to provide a method to fundtransitioncareer and technical 53.28 education programs for children with a disability that are 53.29 components of the learner's transition plan. As used in this 53.30 section, the term "children with a disability" shall have the 53.31 meaning ascribed to it in section 125A.02. 53.32 Sec. 30. Minnesota Statutes 2002, section 124D.454, 53.33 subdivision 2, is amended to read: 53.34 Subd. 2. [DEFINITIONS.] For the purposes of this section, 53.35 the definitions in this subdivision apply. 53.36 (a) "Base year"for fiscal year 1996 means fiscal year 1995.54.1Base year for later fiscal yearsmeans the second fiscal year 54.2 preceding the fiscal year for which aid will be paid. 54.3 (b) "Basic revenue" has the meaning given it in section 54.4 126C.10, subdivision 2. For the purposes of computing basic 54.5 revenue pursuant to this section, each child with a disability 54.6 shall be counted as prescribed in section 126C.05, subdivision 1. 54.7 (c) "Average daily membership" has the meaning given it in 54.8 section 126C.05. 54.9 (d) "Program growth factor" means 1.00 for fiscal year 1998 54.10 and later. 54.11 (e) "Aid percentage factor" means60 percent for fiscal54.12year 1996, 70 percent for fiscal year 1997, 80 percent for54.13fiscal year 1998, 90 percent for fiscal year 1999, and100 54.14 percent for fiscal year 2000 and later. 54.15 (f) "Essential personnel" means a licensed teacher, 54.16 licensed support services staff person, paraprofessional 54.17 providing direct services to students, or licensed personnel 54.18 under subdivision 12, paragraph (c). This definition is not 54.19 intended to change or modify the definition of essential 54.20 employee in chapter 179A. 54.21 Sec. 31. Minnesota Statutes 2002, section 124D.454, 54.22 subdivision 3, is amended to read: 54.23 Subd. 3. [BASE REVENUE.] (a) Thetransition54.24program-disabledtransition-disabled program base revenue equals 54.25 the sum of the following amounts computed using base year data: 54.26 (1) 68 percent of the salary of each essential licensed 54.27 person or approved paraprofessional who provides direct 54.28 instructional services to students employed during that fiscal 54.29 year for services rendered in that district's transition program 54.30 for children with a disability; 54.31 (2) 47 percent of the costs of necessary equipment for 54.32 transition programs for children with a disability; 54.33 (3) 47 percent of the costs of necessary travel between 54.34 instructional sites by transition program teachers of children 54.35 with a disability but not including travel to and from local, 54.36 regional, district, state, or nationalvocationalcareer and 55.1 technical student organization meetings; 55.2 (4) 47 percent of the costs of necessary supplies for 55.3 transition programs for children with a disability but not to 55.4 exceed an average of $47 in any one school year for each child 55.5 with a disability receiving these services; 55.6 (5) for transition programs for children with disabilities 55.7 provided by a contract approved by the commissioner with public, 55.8 private, or voluntary agencies other than a Minnesota school 55.9 district or cooperative center, in place of programs provided by 55.10 the district, 52 percent of the difference between the amount of 55.11 the contract and the basic revenue of the district for that 55.12 pupil for the fraction of the school day the pupil receives 55.13 services under the contract; 55.14 (6) for transition programs for children with disabilities 55.15 provided by a contract approved by the commissioner with public, 55.16 private, or voluntary agencies other than a Minnesota school 55.17 district or cooperative center, that are supplementary to a full 55.18 educational program provided by the school district, 52 percent 55.19 of the amount of the contract; and 55.20 (7) for a contract approved by the commissioner with 55.21 another Minnesota school district or cooperative center for 55.22 vocational evaluation services for children with a disability 55.23 for children that are not yet enrolled in grade 12, 52 percent 55.24 of the amount of the contract. 55.25 (b) If requested by a school district for transition 55.26 programs during the base year for less than the full school 55.27 year, the commissioner may adjust the base revenue to reflect 55.28 the expenditures that would have occurred during the base year 55.29 had the program been operated for the full year. 55.30 Sec. 32. Minnesota Statutes 2002, section 124D.454, is 55.31 amended by adding a subdivision to read: 55.32 Subd. 12. [COMPLIANCE WITH RULES.] (a) Aid must be paid 55.33 under this section only for services rendered or for costs 55.34 incurred in career and technical education programs approved by 55.35 the commissioner and operated in accordance with rules 55.36 promulgated by the commissioner. This aid shall be paid only 56.1 for services rendered and for costs incurred by essential, 56.2 licensed personnel who meet the requirements for licensure 56.3 pursuant to the rules of the Minnesota board of teaching or 56.4 paraprofessionals approved by the division of lifework 56.5 development in the department of children, families, and 56.6 learning. 56.7 (b) Notwithstanding section 127A.42, the commissioner may 56.8 modify or withdraw the program or aid approval and withhold aid 56.9 under this section without proceeding under section 127A.42 at 56.10 any time. To do so, the commissioner must determine that the 56.11 program does not comply with the rules of the department of 56.12 children, families, and learning or that any facts concerning 56.13 the program or its budget differ from the facts in the 56.14 district's approved application. 56.15 (c) For the purposes of paragraph (a), "licensed personnel" 56.16 means persons holding a valid career and technical license 56.17 issued by the commissioner. If an average of five or fewer 56.18 secondary full-time equivalent students are enrolled per teacher 56.19 in an approved postsecondary program at intermediate district 56.20 No. 287, 916, or 917, licensed personnel means persons holding a 56.21 valid vocational license issued by the commissioner or the board 56.22 of trustees of the Minnesota state colleges and universities. 56.23 Sec. 33. Minnesota Statutes 2002, section 124D.86, 56.24 subdivision 4, is amended to read: 56.25 Subd. 4. [INTEGRATION LEVY.] A district may levy an amount 56.26 equal to 37 percent for fiscal year 2003, 22 percent for fiscal 56.27 year 2004, and 29 percent for fiscal year 2005, and 22 percent56.28for fiscal year 2006and thereafter of the district's 56.29 integration revenue as defined in subdivision 3. 56.30 [EFFECTIVE DATE.] This section is effective July 1, 2003. 56.31 Sec. 34. Minnesota Statutes 2002, section 124D.86, 56.32 subdivision 5, is amended to read: 56.33 Subd. 5. [INTEGRATION AID.] A district's integration aid 56.34 equals 63 percent for fiscal year 2003, 78 percent for fiscal 56.35 year 2004, and 71 percent for fiscal year 2005, and 78 percent56.36for fiscal year 2006and thereafter of the district's 57.1 integration revenue as defined in subdivision 3. 57.2 Sec. 35. Minnesota Statutes 2002, section 124D.88, is 57.3 amended by adding a subdivision to read: 57.4 Subd. 5. [SPECIAL EDUCATION FUNDING.] Notwithstanding 57.5 section 125A.75, subdivision 7, or 125A.76, subdivision 7, upon 57.6 approval of each school board that is a member of a joint powers 57.7 agreement operating a metropolitan magnet school, the magnet 57.8 school is eligible for direct receipt of special education aid 57.9 paid to the metropolitan magnet school according to section 57.10 125A.76 as though it were a school district. The metropolitan 57.11 magnet school may charge tuition to the district of residence as 57.12 provided in section 125A.11. 57.13 [EFFECTIVE DATE.] This section is effective for revenue for 57.14 fiscal year 2005. 57.15 Sec. 36. Minnesota Statutes 2002, section 126C.457, is 57.16 amended to read: 57.17 126C.457 [CAREER AND TECHNICAL LEVY.] 57.18 For taxes payable in20032004 and 2005 only, a school 57.19 district may levy an amount equal to the greater of (1) $10,000, 57.20 or (2) the district's fiscal year 2001 entitlement for career 57.21 and technical aid under section 124D.453. The district must 57.22 recognize the full amount of this levy as revenue for the fiscal 57.23 year in which it is certified. Revenue received under this 57.24 section must be reserved and used only for career and technical 57.25 programs. 57.26 Sec. 37. Minnesota Statutes 2002, section 128C.02, 57.27 subdivision 1, is amended to read: 57.28 Subdivision 1. [DECISIONS, POLICIES, ADVISORY COMMITTEES.] 57.29 The board shall establish and adopt policies, including a policy 57.30 on corporate sponsorships and similar agreements, make decisions 57.31 on behalf of the league, and establish advisory committees 57.32 necessary to carry out board functions. 57.33 [EFFECTIVE DATE.] This section is effective the day 57.34 following final enactment. 57.35 Sec. 38. Minnesota Statutes 2002, section 128C.05, is 57.36 amended by adding a subdivision to read: 58.1 Subd. 1a. [SUPERVISED COMPETITIVE HIGH SCHOOL 58.2 DIVING.] Notwithstanding Minnesota Rules, part 4717.3750, any 58.3 pool built before January 1, 1987, that was used for a high 58.4 school diving program during the 2000-2001 school year may be 58.5 used for supervised competitive high school diving unless a pool 58.6 that meets the requirements of Minnesota Rules, part 4717.3750, 58.7 is located within the school district. A school or district 58.8 using a pool for supervised competitive high school diving that 58.9 does not meet the requirements of the rule must provide 58.10 appropriate notice to parents and participants. 58.11 [EFFECTIVE DATE.] This section is effective for the 58.12 2003-2004 school year and later. 58.13 Sec. 39. Minnesota Statutes 2002, section 169.28, 58.14 subdivision 1, is amended to read: 58.15 Subdivision 1. [STOP REQUIRED.] (a) The driver of any 58.16 motor vehicle carrying passengers for hire, or of any school bus 58.17 whether carrying passengers or not, or of any Head Start bus 58.18 whether carrying passengers or not, or of any vehicle that is 58.19 required to stop at railroad grade crossings under Code of 58.20 Federal Regulations, title 49, section 392.10, before crossing 58.21 at grade any track or tracks of a railroad, shall stop the 58.22 vehicle not less than 15 feet nor more than 50 feet from the 58.23 nearest rail of the railroad and while so stopped shall listen 58.24 and look in both directions along the track for any approaching 58.25 train, and for signals indicating the approach of a train, 58.26 except as hereinafter provided, and shall not proceed until safe 58.27 to do so. The driver must not shift gears while crossing the 58.28 railroad tracks. 58.29 (b) A school bus or Head Start bus shall not be flagged 58.30 across railroad grade crossings except at those railroad grade 58.31 crossings that the local school administrative officer may 58.32 designate. 58.33 (c) A type III school bus, as defined in section 169.01, is 58.34 exempt from the requirement of school buses to stop at railroad 58.35 grade crossings. 58.36 Sec. 40. Minnesota Statutes 2002, section 169.4503, 59.1 subdivision 4, is amended to read: 59.2 Subd. 4. [CERTIFICATION.] A body manufacturer, school bus 59.3 dealer, or certified Minnesota Commercial Vehicle Inspector who 59.4 is also an employee of an organization purchasing a school bus 59.5 shallcertifyprovide preliminary certification to the 59.6 department of public safety that the product meets Minnesota 59.7 standards. Final certification will be granted within 30 days 59.8 upon reinspection by the department of public safety. 59.9 Sec. 41. Minnesota Statutes 2002, section 169.454, 59.10 subdivision 2, is amended to read: 59.11 Subd. 2. [AGE OF VEHICLE.] Vehiclesten12 years or older 59.12 must not be used as type III vehicles to transport school 59.13 children, except those vehicles that are manufactured to meet 59.14 the structural requirements of federal motor vehicle safety 59.15 standard 222, Code of Federal Regulations, title 49, part 571. 59.16 [EFFECTIVE DATE.] This section is effective the day 59.17 following final enactment. 59.18 Sec. 42. Minnesota Statutes 2002, section 169.454, 59.19 subdivision 6, is amended to read: 59.20 Subd. 6. [IDENTIFICATION.](a)The vehicle must not have 59.21 the words "school bus" in any location on the exterior of the 59.22 vehicle, or in any interior location visible to a motorist. 59.23(b) The vehicle must display to the rear of the vehicle59.24this sign: "VEHICLE STOPS AT RR CROSSINGS."59.25(c) The lettering (except for "AT," which may be one inch59.26smaller) must be a minimum two-inch "Series D" as specified in59.27standard alphabets for highway signs as specified by the Federal59.28Highway Administration. The printing must be in a color giving59.29a marked contrast with that of the part of the vehicle on which59.30it is placed.59.31(d) The sign must have provisions for being covered, or be59.32of a removable or fold-down type.59.33 Sec. 43. Minnesota Statutes 2002, section 171.321, 59.34 subdivision 5, is amended to read: 59.35 Subd. 5. [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 59.36A school district's pupil transportation safety director, the60.1chief administrator of a nonpublic school, or a private60.2contractor shall certify annually to the school board or60.3governing board of a nonpublic school that, at minimum, each60.4school bus driver meets the school bus driver training60.5competencies under subdivision 4.A school district, nonpublic 60.6 school, or private contractoralsoshall provide in-service 60.7 training annually to each school bus driver. 60.8 (b) A school district, nonpublic school, or private 60.9 contractor shall annually verify the validity of the driver's 60.10 license of each person who transports students for the district 60.11 with the National Drivers Register or with the department of 60.12 public safety. 60.13 Sec. 44. Minnesota Statutes 2002, section 354.094, 60.14 subdivision 1, is amended to read: 60.15 Subdivision 1. [SERVICE CREDIT CONTRIBUTIONS.] Upon 60.16 granting any extended leave of absence under section 122A.46 or 60.17 136F.43, the employing unit granting the leave must certify the 60.18 leave to the association on a form specified by the executive 60.19 director. A member granted an extended leave of absence under 60.20 section 122A.46 or 136F.43 may pay employee contributions and 60.21 receive allowable service credit toward annuities and other 60.22 benefits under this chapter, for each year of the leave, 60.23 provided that the member and the employing board make the 60.24 required employer contribution in any proportion they may agree 60.25 upon, during the period of the leave. The employer may enter 60.26 into an agreement with the exclusive bargaining representative 60.27 of the member under which all or a portion of the employee's 60.28 contribution is paid by the employer. Any such agreement must 60.29 include a sunset of eligibility to qualify for the payment and 60.30 must not be a continuing part of the collective bargaining 60.31 agreement. The leave period must not exceed five years. A 60.32 member may not receive more than five years of allowable service 60.33 credit under this section. The employee and employer 60.34 contributions must be based upon the rates of contribution 60.35 prescribed by section 354.42 for the salary received during the 60.36 year immediately preceding the extended leave. Payments for the 61.1 years for which a member is receiving service credit while on 61.2 extended leave must be made on or before the later of June 30 of 61.3 each fiscal year for which service credit is received or within 61.4 30 days after first notification of the amount due, if requested 61.5 by the member, is given by the association. No payment is 61.6 permitted after the following September 30. Payments received 61.7 after June 30 must include interest at an annual rate of 8.5 61.8 percent from June 30 through the end of the month in which 61.9 payment is received. Notwithstanding the provisions of any 61.10 agreements to the contrary, employee and employer contributions 61.11 may not be made to receive allowable service credit if the 61.12 member does not have full reinstatement rights as provided in 61.13 section 122A.46 or 136F.43, both during and at the end of the 61.14 extended leave. 61.15 Sec. 45. Minnesota Statutes 2002, section 574.26, 61.16 subdivision 2, is amended to read: 61.17 Subd. 2. [TERMS.] (a) Except as provided in sections 61.18 574.263 and 574.264 or if the amount of the contract is $75,000 61.19 or less, a contract with a public body for the doing of any 61.20 public work is not valid unless the contractor gives (1) a 61.21 performance bond to the public body with whom the contractor 61.22 entered into the contract, for the use and benefit of the public 61.23 body to complete the contract according to its terms, and 61.24 conditioned on saving the public body harmless from all costs 61.25 and charges that may accrue on account of completing the 61.26 specified work, and (2) a payment bond for the use and benefit 61.27 of all persons furnishing labor and materials engaged under, or 61.28 to perform the contract, conditioned for the payment, as they 61.29 become due, of all just claims for the labor and materials. 61.30 (b) In the case of contracts to create, develop, provide, 61.31 or maintain student information systems, finance systems, Web 61.32 pages, ISP systems, human resources and payroll systems, other 61.33 software, network services, and Internet services, for $25,000 61.34 or more, a contract with a school board is not valid unless (1) 61.35 the contractor demonstrates in its quotation, proposal, or bid 61.36 its financial ability to complete the contract by providing 62.1 financial statements to that effect, and (2) if so required by 62.2 the school board in its specifications or request for proposals, 62.3 the contractor provides a performance bond for the use and 62.4 benefit of the school board to complete the contract according 62.5 to its terms, and conditioned on saving the school board 62.6 harmless from all costs and charges that may accrue on account 62.7 of completing the specified work. Financial statements 62.8 submitted under this paragraph are private data on individuals 62.9 or nonpublic data as defined in section 13.02. 62.10 (c) Reasonableattorneys'attorney fees, costs, and 62.11 disbursements may be awarded in an action to enforce claims 62.12 under the act if the action is successfully maintained or 62.13 successfully appealed. 62.14 Sec. 46. Minnesota Statutes 2002, section 611A.78, 62.15 subdivision 1, is amended to read: 62.16 Subdivision 1. [MEMBERSHIP.] A crime victim services 62.17 roundtable is created and shall be convened by the commissioner 62.18 of administration or a designee. The roundtable membership 62.19 shall include representatives from the following: the 62.20 departments of health; human services;children, families, and62.21learning;corrections; and public safety; the supreme court; the 62.22 Minnesota planning agency; the office of the attorney general; 62.23 the office of crime victim ombudsman; the county attorneys 62.24 association; and the office of dispute resolution. The 62.25 roundtable membership shall also include one person representing 62.26 the four councils designated in sections 3.922, 3.9223, 3.9225, 62.27 and 3.9226. 62.28 Sec. 47. [CHARTER SCHOOL ADVISORY BOARD MEMBER TERMS.] 62.29 In order to establish staggered terms for charter school 62.30 advisory board members under Minnesota Statutes, section 62.31 124D.10, subdivision 2a, the commissioner of children, families, 62.32 and learning shall, by lot, determine the length of term for 62.33 each member serving on the board on the effective date of this 62.34 section. One-third of the members shall serve a one-year term, 62.35 one-third shall serve a two-year term, and one-third shall serve 62.36 a three-year term. Thereafter, the term for each member must be 63.1 three years. 63.2 Sec. 48. [PILOT PROJECT TO EVALUATE PARENT INVOLVEMENT 63.3 POLICIES AND STRATEGIES.] 63.4 Subdivision 1. [DISTRICT AND SCHOOL SITE POLICY 63.5 EVALUATION.] A school board may elect to participate in a 63.6 two-year pilot project to evaluate parent involvement policies 63.7 and strategies in the district and in school sites, with the 63.8 goal of improving the academic achievement of all students 63.9 within the district, including at-risk students. Participating 63.10 districts and school sites must establish parent involvement 63.11 review committees consistent with subdivision 2, and may adapt 63.12 the parent involvement policy and process described in United 63.13 States Code, title 20, section 6319, for purposes consistent 63.14 with this project. 63.15 Subd. 2. [PARENT INVOLVEMENT REVIEW COMMITTEES.] A school 63.16 board electing to participate and interested school sites within 63.17 that district must establish a parent involvement review 63.18 committee or expand the purview of an existing committee 63.19 composed of a majority of parents. The committees must evaluate 63.20 the effectiveness of district and school site programs and 63.21 strategies intended to provide all parents with meaningful 63.22 opportunities to participate in the process of educating 63.23 students. The committees, among other things, may evaluate the 63.24 operation of the instruction and curriculum advisory committee 63.25 or building team under Minnesota Statutes, section 120B.11, or 63.26 parent involvement programs developed under Minnesota Statutes, 63.27 section 124D.895. A majority of committee members must be 63.28 parents of students enrolled in the district or school site, if 63.29 applicable. The committee also must include teachers employed 63.30 by the district and who teach at a school site, if applicable. 63.31 A district must assist participating school sites at the request 63.32 of the school site. 63.33 Subd. 3. [NOTICE OF PARTICIPATION; NOTICE TO PARENTS.] (a) 63.34 A school board electing to participate under this section must 63.35 notify the commissioner of children, families, and learning of 63.36 its participation and the participation of interested school 64.1 sites on a form supplied by the commissioner. The commissioner 64.2 may assist participating districts and school sites at the 64.3 request of the district or school site. 64.4 (b) Participating school districts must transmit timely 64.5 effective notice of this project to parent organizations 64.6 throughout the district and to parents of children enrolled in 64.7 district schools. 64.8 Subd. 4. [REPORT.] Participating districts and school 64.9 sites must report the findings of the evaluation and related 64.10 recommendations annually by March 1 to the school board, which 64.11 shall transmit a summary of the findings and recommendations to 64.12 the commissioner. Information the commissioner receives under 64.13 this subdivision may be used to modify guidelines and model 64.14 plans for parent involvement programs under Minnesota Statutes, 64.15 section 124D.895. 64.16 [EFFECTIVE DATE.] This section is effective the day 64.17 following final enactment and applies to the 2003-2004 and 64.18 2004-2005 school years. 64.19 Sec. 49. [POLICY ON STUDENTS WITH A HISTORY OF VIOLENT 64.20 BEHAVIOR.] 64.21 (a) Representatives of the Minnesota school boards 64.22 association, Education Minnesota, and the information policy 64.23 analysis division in the Minnesota department of administration 64.24 shall develop a model policy by August 1, 2003, on notifying 64.25 classroom teachers and other school district employees having a 64.26 legitimate educational interest when a student with a history of 64.27 violent behavior is placed in the teacher's classroom. The 64.28 model policy at least must: 64.29 (1) define what constitutes a history of violent behavior, 64.30 consistent with Minnesota Statutes, section 121A.45, subdivision 64.31 2, clause (c); 64.32 (2) limit reports on violent behavior to a specified number 64.33 of school years; 64.34 (3) define "legitimate educational interest," consistent 64.35 with Minnesota Statutes, section 121A.64; 64.36 (4) indicate the persons at the school or district level 65.1 who determine which school district employees have a legitimate 65.2 educational interest; and 65.3 (5) require school districts that transfer the student 65.4 records of a student with a history of violent behavior to 65.5 another school district, charter school, or alternative 65.6 education program to include all information about the student's 65.7 history of violent behavior in the student's educational records 65.8 it transmits to the enrolling school district, charter school, 65.9 or alternative education program, consistent with this policy. 65.10 (b) The information policy analysis division in the 65.11 Minnesota department of administration by August 15, 2003, must 65.12 post on its division Web site the model policy developed under 65.13 paragraph (a). 65.14 (c) The task force in paragraph (a) expires on August 1, 65.15 2003. 65.16 [EFFECTIVE DATE.] This section is effective the day 65.17 following final enactment. 65.18 Sec. 50. [CAREER AND TECHNICAL PROGRAM.] 65.19 The commissioner of children, families, and learning must 65.20 include a career and technical education program plan as part of 65.21 the recommendations of the kindergarten through grade 12 task 65.22 force on school finance reform for fiscal years 2006 and later. 65.23 The proposal may include levy amounts equal or greater to the 65.24 taxes payable 2005 levy amounts. 65.25 Sec. 51. [CHARTER SCHOOL MORATORIUM.] 65.26 Notwithstanding Minnesota Statutes, section 124D.10, the 65.27 commissioner of children, families, and learning may not approve 65.28 any new charter school applications until after June 30, 2007. 65.29 Current charter school operators may not expand any existing 65.30 charter schools to unapproved additional grades or sites until 65.31 after June 30, 2007. 65.32 Sec. 52. [AT-LARGE SCHOOL BOARD MEMBERS; INDEPENDENT 65.33 SCHOOL DISTRICT NO. 709, DULUTH.] 65.34 (a) Notwithstanding Laws 1969, chapter 698, or other law to 65.35 the contrary, the school board for independent school district 65.36 No. 709, Duluth, may by resolution reduce from five to three the 66.1 number of at-large school board members. 66.2 (b) If the school board adopts the resolution under 66.3 paragraph (a), for the November 2003 election and each four 66.4 years thereafter, the three positions of those members elected 66.5 at large whose terms expire on December 31, 2003, shall be 66.6 reduced to one member elected at large. 66.7 (c) Nothing in this section prevents a member of the school 66.8 board on the effective date of this act who is otherwise 66.9 qualified from running for reelection upon the expiration of 66.10 that member's term. 66.11 [EFFECTIVE DATE.] This section is effective the day 66.12 following final enactment. 66.13 Sec. 53. [TRIAL TRANSPORTATION FEE.] 66.14 Subdivision 1. [TOTAL FEE.] For fiscal years 2004 and 2005 66.15 only, school districts may elect to charge transportation fees 66.16 under this section to pay a portion of the cost of regular and 66.17 excess transportation of pupils to and from school. A school 66.18 district that elects to charge transportation fees under this 66.19 section is not eligible to charge transportation fees under 66.20 Minnesota Statutes, section 123B.36, subdivision 1, clause 66.21 (11). Fees charged under this section may not exceed the total 66.22 district fees that the district charged in fiscal year 2003 for 66.23 transportation under Minnesota Statutes, section 123B.36, 66.24 subdivision 1, clause (11), plus the district's total trial 66.25 transportation fee, determined according to subdivision 2. 66.26 Subd. 2. [FEE CALCULATION.] A school district's trial 66.27 transportation fee for any school year may not exceed the 66.28 greater of: 66.29 (1) zero; or 66.30 (2) the product of the district's adjusted marginal cost 66.31 pupil units for the second previous school year times the lesser 66.32 of: 66.33 (i) the sum of the district's regular and excess 66.34 transportation costs per adjusted marginal cost pupil unit for 66.35 the second previous school year, minus the general education 66.36 formula allowance for that school year times .0485; or 67.1 (ii) the general education formula allowance for the second 67.2 previous school year times .0485. 67.3 Subd. 3. [GUIDELINES.] If a board charges fees for 67.4 transportation of pupils under this section, it must establish 67.5 guidelines for those fees to ensure that no pupil is denied 67.6 transportation solely because of inability to pay. Any 67.7 transportation fees required must be applied equally to public 67.8 and nonpublic students transported within the district. The 67.9 board may require fees for students transported to charter 67.10 schools or to alternative attendance programs. 67.11 Subd. 4. [TWO-MILE LIMIT MORATORIUM.] The total eligible 67.12 fee revenue established under this section may be allocated 67.13 among all students transported by the district at the discretion 67.14 of the school board, notwithstanding Minnesota Statutes, section 67.15 123B.37, subdivision 1, clause (10). 67.16 Sec. 54. [APPROPRIATIONS.] 67.17 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 67.18 LEARNING.] The sums indicated in this section are appropriated 67.19 from the general fund to the department of children, families, 67.20 and learning for the fiscal years designated. 67.21 Subd. 2. [CHARTER SCHOOL BUILDING LEASE AID.] For building 67.22 lease aid under Minnesota Statutes, section 124D.11, subdivision 67.23 4: 67.24 $17,515,000 ..... 2004 67.25 $19,565,000 ..... 2005 67.26 The 2004 appropriation includes $2,524,000 for 2003 and 67.27 $14,991,000 for 2004. 67.28 The 2005 appropriation includes $3,747,000 for 2004 and 67.29 $15,818,000 for 2005. 67.30 Subd. 3. [CHARTER SCHOOL STARTUP AID.] For charter school 67.31 startup cost aid under Minnesota Statutes, section 124D.11: 67.32 $1,651,000 ..... 2004 67.33 $1,265,000 ..... 2005 67.34 The 2004 appropriation includes $220,000 for 2003 and 67.35 $1,431,000 for 2004. 67.36 The 2005 appropriation includes $357,000 for 2004 and 68.1 $908,000 for 2005. 68.2 Subd. 4. [CHARTER SCHOOL INTEGRATION GRANTS.] For grants 68.3 to charter schools to promote integration and desegregation 68.4 under Minnesota Statutes, section 124D.11, subdivision 6, 68.5 paragraph (e): 68.6 $48,000 ..... 2004 68.7 $50,000 ..... 2005 68.8 The 2004 appropriation includes $8,000 for 2003 and $48,000 68.9 for 2004. 68.10 The 2005 appropriation includes $10,000 for 2004 and 68.11 $40,000 for 2005. 68.12 Subd. 5. [INTEGRATION AID.] For integration aid under 68.13 Minnesota Statutes, section 124D.86, subdivision 5: 68.14 $59,656,000 ..... 2004 68.15 $59,146,000 ..... 2005 68.16 The 2004 appropriation includes $8,428,000 for 2003 and 68.17 $51,228,000 for 2004. 68.18 The 2005 appropriation includes $12,806,000 for 2004 and 68.19 $46,340,000 for 2005. 68.20 Subd. 6. [MAGNET SCHOOL GRANTS.] For magnet school and 68.21 program grants: 68.22 $750,000 ..... 2004 68.23 $750,000 ..... 2005 68.24 These amounts may be used for magnet school programs under 68.25 Minnesota Statutes, section 124D.88. 68.26 Subd. 7. [MAGNET SCHOOL STARTUP AID.] For magnet school 68.27 startup aid under Minnesota Statutes, section 124D.88: 68.28 $ 37,000 ..... 2004 68.29 $454,000 ..... 2005 68.30 The 2004 appropriation includes $37,000 for 2003 and $0 for 68.31 2004. 68.32 The 2005 appropriation includes $0 for 2004 and $454,000 68.33 for 2005. 68.34 Subd. 8. [INTERDISTRICT DESEGREGATION OR INTEGRATION 68.35 TRANSPORTATION GRANTS.] For interdistrict desegregation or 68.36 integration transportation grants under Minnesota Statutes, 69.1 section 124D.87: 69.2 $5,796,000 ..... 2004 69.3 $8,401,000 ..... 2005 69.4 Subd. 9. [SUCCESS FOR THE FUTURE.] For American Indian 69.5 success for the future grants under Minnesota Statutes, section 69.6 124D.81: 69.7 $2,073,000 ..... 2004 69.8 $2,137,000 ..... 2005 69.9 The 2004 appropriation includes $363,000 for 2003 and 69.10 $1,710,000 for 2004. 69.11 The 2005 appropriation includes $427,000 for 2004 and 69.12 $1,710,000 for 2005. 69.13 Subd. 10. [AMERICAN INDIAN SCHOLARSHIPS.] For American 69.14 Indian scholarships under Minnesota Statutes, section 124D.84: 69.15 $1,875,000 ..... 2004 69.16 $1,875,000 ..... 2005 69.17 Subd. 11. [AMERICAN INDIAN TEACHER PREPARATION 69.18 GRANTS.] For joint grants to assist American Indian people to 69.19 become teachers under Minnesota Statutes, section 122A.63: 69.20 $190,000 ..... 2004 69.21 $190,000 ..... 2005 69.22 Subd. 12. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 69.23 school aid under Minnesota Statutes, section 124D.83: 69.24 $2,135,000 ..... 2004 69.25 $2,336,000 ..... 2005 69.26 The 2004 appropriation includes $285,000 for 2003 and 69.27 $1,850,000 for 2004. 69.28 The 2005 appropriation includes $462,000 for 2004 and 69.29 $1,874,000 for 2005. 69.30 Subd. 13. [EARLY CHILDHOOD PROGRAMS AT TRIBAL 69.31 SCHOOLS.] For early childhood family education programs at 69.32 tribal contract schools under Minnesota Statutes, section 69.33 124D.83, subdivision 4: 69.34 $68,000 ..... 2004 69.35 $68,000 ..... 2005 69.36 Subd. 14. [STATEWIDE TESTING SUPPORT.] For supporting 70.1 implementation of the graduation standards: 70.2 $6,500,000 ..... 2004 70.3 $6,500,000 ..... 2005 70.4 Subd. 15. [BEST PRACTICES SEMINARS.] For best practices 70.5 graduation rule seminars and other professional development 70.6 capacity building activities that assure proficiency in teaching 70.7 and implementation of graduation rule standards: 70.8 $2,180,000 ..... 2004 70.9 $2,180,000 ..... 2005 70.10 $250,000 each year is for the Minnesota learning resource 70.11 center. 70.12 Subd. 16. [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT 70.13 PROGRAMS.] (a) For students' advanced placement and 70.14 international baccalaureate examination fees under Minnesota 70.15 Statutes 2000, section 120B.13, subdivision 3, and the training 70.16 and related costs for teachers and other interested educators 70.17 under Minnesota Statutes 2000, section 120B.13, subdivision 1: 70.18 $450,000 ..... 2002 70.19 $450,000 ..... 2003 70.20 (b) $110,000 each year is for examination fees for pupils 70.21 of low-income families in public and nonpublic schools. The 70.22 commissioner shall pay all examination fees for all students of 70.23 low-income families under Minnesota Statutes, section 120B.13, 70.24 subdivision 3. If this amount is insufficient, a portion of the 70.25 funds under paragraph (c) must be used for this purpose. 70.26 (c) Notwithstanding Minnesota Statutes, section 120B.13, 70.27 subdivision 1, $340,000 each year is for teachers to attend 70.28 subject matter summer training programs and follow-up support 70.29 workshops approved by the advanced placement or international 70.30 baccalaureate programs. The advanced placement program shall 70.31 receive 75 percent of this amount each year, and the 70.32 international baccalaureate program shall receive 25 percent of 70.33 this amount each year. The amount of the subsidy for each 70.34 teacher attending an advanced placement or international 70.35 baccalaureate summer training program or workshop shall be the 70.36 same. The commissioner shall determine the payment process and 71.1 the amount of the subsidy. 71.2 Subd. 17. [FIRST GRADE PREPAREDNESS.] For first grade 71.3 preparedness grants under Minnesota Statutes, section 124D.081: 71.4 $7,250,000 ..... 2004 71.5 $7,250,000 ..... 2005 71.6 Subd. 18. [YOUTHWORKS PROGRAM.] For funding youthworks 71.7 programs under Minnesota Statutes, sections 124D.37 to 124D.45: 71.8 $1,788,000 ..... 2004 71.9 $1,788,000 ..... 2005 71.10 A grantee organization may provide health and child care 71.11 coverage to the dependents of each participant enrolled in a 71.12 full-time youth works program to the extent such coverage is not 71.13 otherwise available. 71.14 Subd. 19. [STUDENT ORGANIZATIONS.] For student 71.15 organizations: 71.16 $625,000 ..... 2004 71.17 $625,000 ..... 2005 71.18 Each student organization shall receive its fiscal year 71.19 2004 and 2005 appropriations using the allocation model that was 71.20 in effect for fiscal year 2002. 71.21 Subd. 20. [APPROPRIATION; REGIONAL TRAINING SITES FOR 71.22 HIV/STI EDUCATION.] For regional training sites for HIV/STI 71.23 education in schools established under Laws 1997, First Special 71.24 Session chapter 4, article 6, section 18: 71.25 $250,000 ..... 2004 71.26 $250,000 ..... 2005 71.27 This amount must be used to support five regional sites 71.28 that may or may not include the existing sites. 71.29 Subd. 21. [COLLABORATIVE URBAN EDUCATOR RECRUITMENT AND 71.30 TRAINING PROGRAMS.] For grants to collaborative urban educator 71.31 recruitment and training programs: 71.32 $975,000 ..... 2004 71.33 $975,000 ..... 2005 71.34 $375,000 each year is for the Southeast Asian teacher 71.35 program at Concordia University, St. Paul; $300,000 each year is 71.36 for the collaborative urban educator program at the University 72.1 of St. Thomas; and $300,000 each year is for the center for 72.2 excellence in urban teaching at Hamline University. Grant 72.3 recipients must collaborate with urban and nonurban school 72.4 districts. 72.5 Any balance in the first year does not cancel but is 72.6 available in the second year. 72.7 Subd. 22. [INTEGRATION PROGRAMS.] For minority fellowship 72.8 grants under Laws 1994, chapter 647, article 8, section 29; 72.9 minority teacher incentives under Minnesota Statutes, section 72.10 122A.65; teachers of color program grants under Minnesota 72.11 Statutes, section 122A.64; and cultural exchange grants under 72.12 Minnesota Statutes, section 124D.89: 72.13 $1,000,000 ..... 2004 72.14 $1,000,000 ..... 2005 72.15 Subd. 23. [READING COMPETENCY GRANTS.] For reading 72.16 competency grants under Minnesota Statutes, section 120B.12: 72.17 $100,000 ..... 2004 72.18 $100,000 ..... 2005 72.19 Sec. 55. [REPEALER.] 72.20 (a) Minnesota Statutes 2002, sections 124D.93; and 72.21 126C.125, are repealed. 72.22 (b) Minnesota Statutes 2002, sections 128C.01, subdivision 72.23 5; 128C.02, subdivision 8; and 128C.13, are repealed. 72.24 (c) Minnesota Statutes 2002, sections 123B.90, subdivision 72.25 1; and 169.441, subdivision 4, are repealed. 72.26 (d) Laws 2001, First Special Session chapter 6, article 2, 72.27 sections 64 and 70, are repealed. 72.28 [EFFECTIVE DATE.] Paragraph (a) is effective for the 72.29 2003-2004 school year and later. Paragraph (b) is effective the 72.30 day following final enactment. 72.31 ARTICLE 3 72.32 SPECIAL PROGRAMS 72.33 Section 1. Minnesota Statutes 2002, section 121A.41, 72.34 subdivision 10, is amended to read: 72.35 Subd. 10. [SUSPENSION.] "Suspension" means an action by 72.36 the school administration, under rules promulgated by the school 73.1 board, prohibiting a pupil from attending school for a period of 73.2 no more than ten school days. If a suspension is longer than 73.3 five days, the suspending administrator must provide the 73.4 superintendent with a reason for the longer suspension. This 73.5 definition does not apply to dismissal from school for one 73.6 school day or less, except as provided in federal law for a 73.7 student with a disability. Each suspension action may include a 73.8 readmission plan. The readmission plan shall include, where 73.9 appropriate, a provision for implementing alternative 73.10 educational services upon readmission and may not be used to 73.11 extend the current suspension. Consistent with section 125A.09, 73.12 subdivision 3, the readmission plan must not obligate a parent 73.13 to provide a sympathomimetic medication for the parent's child 73.14 as a condition of readmission. The school administration may 73.15 not impose consecutive suspensions against the same pupil for 73.16 the same course of conduct, or incident of misconduct, except 73.17 where the pupil will create an immediate and substantial danger 73.18 to self or to surrounding persons or property, or where the 73.19 district is in the process of initiating an expulsion, in which 73.20 case the school administration may extend the suspension to a 73.21 total of 15 days. In the case of a student with a disability, 73.22 the student's individual education plan team must meet 73.23 immediately but not more than ten school days after the date on 73.24 which the decision to remove the student from the student's 73.25 current education placement is made. The individual education 73.26 plan team and other qualified personnel shall at that meeting:73.27 conduct a review of the relationship between the child's 73.28 disability and the behavior subject to disciplinary action;and 73.29 determine the appropriateness of the child's education plan. 73.30 The requirements of the individual education plan team 73.31 meeting apply when: 73.32 (1) the parent requests a meeting; 73.33 (2) the student is removed from the student's current 73.34 placement for five or more consecutive days; or 73.35 (3) the student's total days of removal from the student's 73.36 placement during the school year exceed ten cumulative days in a 74.1 school year. The school administration shall implement 74.2 alternative educational services when the suspension exceeds 74.3 five days. A separate administrative conference is required for 74.4 each period of suspension. 74.5 Sec. 2. Minnesota Statutes 2002, section 124D.081, is 74.6 amended by adding a subdivision to read: 74.7 Subd. 9. [RESERVE ACCOUNT.] First grade preparedness 74.8 revenue must be placed in a reserve account within the general 74.9 fund and may only be used for first grade preparedness programs 74.10 at qualifying school sites. 74.11 Sec. 3. [124D.452] [DISTRICT REPORT; CAREER AND TECHNICAL 74.12 EDUCATION.] 74.13 Each district and cooperative center must report data to 74.14 the department of children, families, and learning for all 74.15 career and technical education programs as required by the 74.16 department. 74.17 Sec. 4. Minnesota Statutes 2002, section 125A.03, is 74.18 amended to read: 74.19 125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 74.20 DISABILITY.] 74.21 (a) As defined in paragraph (b), every district must 74.22 provide special instruction and services, either within the 74.23 district or in another district, for all children with a 74.24 disability who are residents of the district and who are 74.25 disabled as set forth in section 125A.02. For purposes of state 74.26 and federal special education laws, the phrase "special 74.27 instruction and services" in the state education code means a 74.28 free and appropriate public education provided to an eligible 74.29 child with disabilities and includes special education and 74.30 related services defined in the Individuals with Disabilities 74.31 Education Act, subpart A, section 300.24. 74.32 (b) Notwithstanding any age limits in laws to the contrary, 74.33 special instruction and services must be provided from birth 74.34 until July 1 after the child with a disability becomes 21 years 74.35 old but shall not extend beyond secondary school or its 74.36 equivalent, except as provided in section 124D.68, subdivision 75.1 2. Local health, education, and social service agencies must 75.2 refer children under age five who are known to need or suspected 75.3 of needing special instruction and services to the school 75.4 district. Districts with less than the minimum number of 75.5 eligible children with a disability as determined by the 75.6 commissioner must cooperate with other districts to maintain a 75.7 full range of programs for education and services for children 75.8 with a disability. This section does not alter the compulsory 75.9 attendance requirements of section 120A.22. 75.10 Sec. 5. [125A.091] [ALTERNATIVE DISPUTE RESOLUTION AND DUE 75.11 PROCESS HEARINGS.] 75.12 Subdivision 1. [DISTRICT OBLIGATION.] A school district 75.13 must use the procedures in federal law and state law and rule to 75.14 reach decisions about the identification, evaluation, 75.15 educational placement, manifestation determination, interim 75.16 alternative educational placement, or the provision of a free 75.17 appropriate public education to a child with a disability. 75.18 Subd. 2. [PRIOR WRITTEN NOTICE.] A parent must receive 75.19 prior written notice a reasonable time before the public agency 75.20 proposes or refuses to initiate or change the identification, 75.21 evaluation, educational placement, or the provision of a free 75.22 appropriate public education to a child with a disability. 75.23 Subd. 3. [CONTENT OF NOTICE.] The notice under subdivision 75.24 2 must: 75.25 (1) describe the action the district proposes or refuses; 75.26 (2) explain why the district proposes or refuses to take 75.27 the action; 75.28 (3) describe any other option the district considered and 75.29 the reason why it rejected the option; 75.30 (4) describe each evaluation procedure, test, record, or 75.31 report the district used as a basis for the proposed or refused 75.32 action; 75.33 (5) describe any other factor affecting the proposal or 75.34 refusal of the district to take the action; 75.35 (6) state that the parent of a child with a disability is 75.36 protected by procedural safeguards and, if this notice is not an 76.1 initial referral for evaluation, how a parent can get a 76.2 description of the procedural safeguards; and 76.3 (7) identify where a parent can get help in understanding 76.4 this law. 76.5 Subd. 4. [UNDERSTANDABLE NOTICE.] (a) The written notice 76.6 under subdivision 2 must be understandable to the general public 76.7 and available in the parent's native language or by another 76.8 communication form, unless it is clearly not feasible to do so. 76.9 (b) If the parent's native language or other communication 76.10 form is not written, the district must take steps to ensure that: 76.11 (1) the notice is translated orally or by other means to 76.12 the parent in the parent's native language or other 76.13 communication form; 76.14 (2) the parent understands the notice; and 76.15 (3) written evidence indicates the requirements in 76.16 subdivision 2 are met. 76.17 Subd. 5. [INITIAL ACTION; PARENT CONSENT.] The district 76.18 must not proceed with the initial evaluation of a child, the 76.19 initial placement of a child in a special education program, or 76.20 the initial provision of special education services for a child 76.21 without the prior written consent of the child's parent. A 76.22 hearing officer, after conducting an impartial due process 76.23 hearing initiated by the district, may override the refusal of a 76.24 parent to consent to an initial evaluation or reevaluation. 76.25 Subd. 6. [DISPUTE RESOLUTION PROCESSES GENERALLY.] Parties 76.26 are encouraged to resolve disputes over the identification, 76.27 evaluation, educational placement, manifestation determination, 76.28 interim alternative educational placement, or the provision of a 76.29 free appropriate public education to a child with a disability 76.30 through conciliation, mediation, facilitated team meetings, or 76.31 other alternative process. All dispute resolution options are 76.32 voluntary on the part of the parent and must not be used to deny 76.33 or delay the right to a due process hearing. All dispute 76.34 resolution processes under this section are provided at no cost 76.35 to the parent. 76.36 Subd. 7. [CONCILIATION CONFERENCE.] A parent must have an 77.1 opportunity to meet with appropriate district staff in at least 77.2 one conciliation conference if the parent objects to any 77.3 proposal of which the parent receives notice under subdivision 2. 77.4 If the parent refuses district efforts to conciliate the 77.5 dispute, the conciliation requirement is satisfied. Following a 77.6 conciliation conference, the district must prepare and provide 77.7 to the parent a conciliation conference memorandum that 77.8 describes the district's final proposed offer of service by the 77.9 district. This memorandum is admissible in evidence in any 77.10 subsequent proceeding. 77.11 Subd. 8. [VOLUNTARY DISPUTE RESOLUTION OPTIONS.] In 77.12 addition to offering at least one conciliation conference, a 77.13 district must inform a parent of other dispute resolution 77.14 processes, including at least mediation and facilitated team 77.15 meetings. The fact that an alternative dispute resolution 77.16 process was used is admissible in evidence at any subsequent 77.17 proceeding. State-provided mediators and team meeting 77.18 facilitators shall not be subpoenaed to testify at a due process 77.19 hearing or civil action under federal special education law, nor 77.20 are any records of mediators or state-provided team meeting 77.21 facilitators accessible to the parties. 77.22 Subd. 9. [MEDIATION.] Mediation is a dispute resolution 77.23 process that involves a neutral party provided by the state to 77.24 assist a parent and a district in resolving disputes over the 77.25 identification, evaluation, educational placement, manifestation 77.26 determination, interim alternative educational placement, or the 77.27 provision of a free appropriate public education to a child with 77.28 a disability. A mediation process is available as an informal 77.29 alternative to a due process hearing, but must not be used to 77.30 deny or postpone the opportunity of a parent or district to 77.31 obtain a due process hearing. Mediation is voluntary for all 77.32 parties. All mediation discussions are confidential and 77.33 inadmissible in evidence in any subsequent proceeding, unless 77.34 the: 77.35 (1) parties expressly agree otherwise; 77.36 (2) evidence is otherwise available; or 78.1 (3) evidence is offered to prove bias or prejudice of a 78.2 witness. 78.3 Subd. 10. [MEDIATED AGREEMENTS.] Mediated agreements are 78.4 not admissible unless the parties agree otherwise or a party to 78.5 the agreement believes the agreement is not being implemented, 78.6 in which case the aggrieved party may enter the agreement into 78.7 evidence at a due process hearing. The parties may request 78.8 another mediation to resolve a dispute over implementing the 78.9 mediated agreement. After a due process hearing is requested, a 78.10 party may request mediation and the commissioner must provide a 78.11 mediator who conducts a mediation session no later than the 78.12 third business day after the mediation request is made to the 78.13 commissioner. 78.14 Subd. 11. [FACILITATED TEAM MEETING.] A facilitated team 78.15 meeting is an IEP, IFSP, or IIIP team meeting led by an 78.16 impartial state-provided facilitator to promote effective 78.17 communication and assist a team in developing an individualized 78.18 education plan. 78.19 Subd. 12. [IMPARTIAL DUE PROCESS HEARING.] (a) A parent or 78.20 a district is entitled to an impartial due process hearing 78.21 conducted by the state when a dispute arises over the 78.22 identification, evaluation, educational placement, manifestation 78.23 determination, interim alternative educational placement, or the 78.24 provision of a free appropriate public education to a child with 78.25 a disability. The hearing must be held in the district 78.26 responsible for ensuring that a free appropriate public 78.27 education is provided according to state and federal law. The 78.28 proceedings must be recorded and preserved, at state expense, 78.29 pending ultimate disposition of the action. 78.30 (b) The due process hearing must be conducted according to 78.31 the rules of the commissioner and federal law. 78.32 Subd. 13. [HEARING OFFICER QUALIFICATIONS.] The 78.33 commissioner must appoint an individual who is qualified under 78.34 this subdivision to serve as a hearing officer. The hearing 78.35 officer must: 78.36 (1) be knowledgeable and impartial; 79.1 (2) have no personal interest in or specific involvement 79.2 with the student who is a party to the hearing; 79.3 (3) not have been employed as an administrator by the 79.4 district that is a party to the hearing; 79.5 (4) not have been involved in selecting the district 79.6 administrator who is a party to the hearing; 79.7 (5) have no personal, economic, or professional interest in 79.8 the outcome of the hearing other than properly administering 79.9 federal and state laws, rules, and policies; 79.10 (6) have no substantial involvement in developing state or 79.11 local policies or procedures challenged in the hearing; 79.12 (7) not be a current employee or board member of a 79.13 Minnesota public school district, education district, 79.14 intermediate unit or regional education agency, or the 79.15 department if the department is the service provider; and 79.16 (8) not be a current employee or board member of a 79.17 disability advocacy organization or group. 79.18 Subd. 14. [REQUEST FOR HEARING.] A request for a due 79.19 process hearing must: 79.20 (1) be in writing; 79.21 (2) describe the nature of the issue about providing 79.22 special education services to the student including facts 79.23 relating to the issue; and 79.24 (3) state, to the extent known, the relief sought. 79.25 Any school district administrator receiving a request for a 79.26 due process hearing must immediately forward the request to the 79.27 commissioner. Within two business days of receiving a request 79.28 for a due process hearing, the commissioner must appoint a 79.29 hearing officer. The commissioner must not deny a request for 79.30 hearing because the request is incomplete. A party may 79.31 disqualify a hearing officer only by affirmatively showing 79.32 prejudice or bias to the commissioner, or to the chief 79.33 administrative law judge if the hearing officer is an 79.34 administrative law judge. If a party affirmatively shows 79.35 prejudice against a hearing officer, the commissioner must 79.36 assign another hearing officer to hear the matter. 80.1 Subd. 15. [PREHEARING CONFERENCE.] A prehearing conference 80.2 must be held within five business days of the date the 80.3 commissioner appoints the hearing officer. The hearing officer 80.4 must initiate the prehearing conference, which may be conducted 80.5 in person, at a location within the district, or by telephone. 80.6 The hearing officer must create a written verbatim record of the 80.7 prehearing conference, which is available to either party upon 80.8 request. At the prehearing conference, the hearing officer must: 80.9 (1) identify the questions that must be answered to resolve 80.10 the dispute and eliminate claims and complaints that are without 80.11 merit; 80.12 (2) set a scheduling order for the hearing and additional 80.13 prehearing activities; 80.14 (3) determine if the hearing can be disposed of without an 80.15 evidentiary hearing and, if so, establish the schedule and 80.16 procedure for doing so; and 80.17 (4) establish the management, control, and location of the 80.18 hearing to ensure its fair, efficient, and effective disposition. 80.19 Subd. 16. [BURDEN OF PROOF.] The burden of proof at a due 80.20 process hearing is on the district to demonstrate, by a 80.21 preponderance of the evidence, that it is complying with the law 80.22 and offered or provided a free appropriate public education to 80.23 the child in the least restrictive environment. If the district 80.24 has not offered or provided a free appropriate public education 80.25 in the least restrictive environment and the parent wants the 80.26 district to pay for a private placement, the burden of proof is 80.27 on the parent to demonstrate, by a preponderance of the 80.28 evidence, that the private placement is appropriate. 80.29 Subd. 17. [ADMISSIBLE EVIDENCE.] The hearing officer may 80.30 admit all evidence that possesses probative value, including 80.31 hearsay, if it is the type of evidence on which reasonable, 80.32 prudent persons are accustomed to rely in conducting their 80.33 serious affairs. The hearing officer must give effect to the 80.34 rules of privilege recognized by law and exclude evidence that 80.35 is incompetent, irrelevant, immaterial, or unduly repetitious. 80.36 Subd. 18. [HEARING OFFICER AUTHORITY.] (a) A hearing 81.1 officer must limit an impartial due process hearing to the time 81.2 sufficient for each party to present its case. 81.3 (b) A hearing officer must establish and maintain control 81.4 and manage the hearing. This authority includes, but is not 81.5 limited to: 81.6 (1) requiring attorneys representing parties at hearing, 81.7 after notice and an opportunity to be heard, to pay court 81.8 reporting and hearing officer costs, or fines payable to the 81.9 state, for failing to: (i) obey scheduling or prehearing 81.10 orders, (ii) appear, (iii) be prepared, or (iv) participate in 81.11 the hearing process in good faith; 81.12 (2) administering oaths and affirmations; 81.13 (3) issuing subpoenas; 81.14 (4) determining the responsible and providing districts and 81.15 joining those districts, if not already notified, in the 81.16 proceedings; 81.17 (5) making decisions involving identification, evaluation, 81.18 educational placement, manifestation determination, interim 81.19 alternative educational placement, or the provision of a free 81.20 appropriate public education to a child with a disability; and 81.21 (6) ordering an independent educational evaluation of a 81.22 child at district expense. 81.23 Subd. 19. [EXPEDITED DUE PROCESS HEARINGS.] A parent has 81.24 the right to an expedited due process hearing when there is a 81.25 dispute over a manifestation determination or a proposed or 81.26 actual placement in an interim alternative educational setting. 81.27 A district has the right to an expedited due process hearing 81.28 when proposing an interim alternative educational setting or 81.29 seeking to maintain placement in an interim alternative 81.30 educational setting. A hearing officer must issue an expedited 81.31 due process hearing decision within ten calendar days of the 81.32 request for a hearing. A hearing officer may extend an 81.33 expedited due process hearing up to five additional calendar 81.34 days. All policies in this section apply to expedited due 81.35 process hearings to the extent they do not conflict with federal 81.36 law. 82.1 Subd. 20. [HEARING OFFICER'S DECISION; TIME PERIOD.] (a) 82.2 The hearing officer must render a decision within 45 calendar 82.3 days of the date on which the commissioner receives the hearing 82.4 request. A hearing officer is encouraged to accelerate the time 82.5 line to 30 days for a child under the age of three whose needs 82.6 change rapidly and who requires quick resolution of a dispute. 82.7 A hearing officer may not extend the time beyond the 45-day 82.8 period unless requested by either party for good cause shown on 82.9 the record. Extensions of time must not exceed a total of 30 82.10 calendar days unless both parties and the hearing officer agree, 82.11 or time is needed to complete an independent educational 82.12 evaluation. Good cause includes, but is not limited to, the 82.13 time required for mediation or other settlement discussions, 82.14 independent educational evaluation, complexity and volume of 82.15 issues, or finding or changing counsel. 82.16 (b) The hearing officer's decision must: 82.17 (1) be in writing; 82.18 (2) state the controlling and material facts upon which the 82.19 decision is made in order to apprise the reader of the basis and 82.20 reason for the decision; and 82.21 (3) be based on local standards, state statute, the rules 82.22 of the commissioner, and federal law. 82.23 Subd. 21. [COMPENSATORY EDUCATIONAL SERVICES.] The hearing 82.24 officer may require the resident or responsible district to 82.25 provide compensatory educational services to the child if the 82.26 hearing officer finds that the district has not offered or made 82.27 available to the child a free appropriate public education in 82.28 the least restrictive environment and the child has suffered a 82.29 loss of educational benefit. Such services take the form of 82.30 direct and indirect special education and related services 82.31 designed to address any loss of educational benefit that may 82.32 have occurred. The hearing officer's finding must be based on a 82.33 present determination of whether the child has suffered a loss 82.34 of educational benefit. 82.35 Subd. 22. [CHILD'S EDUCATIONAL PLACEMENT DURING A DUE 82.36 PROCESS HEARING.] Until a due process hearing under this section 83.1 is completed or the district and the parent agree otherwise, the 83.2 child must remain in the child's current educational placement 83.3 and must not be denied initial admission to school. Until a 83.4 proceeding challenging an interim alternative educational 83.5 placement is completed, the child must remain in the interim 83.6 alternative educational setting until the decision of the 83.7 hearing officer or until the expiration of the 45 days permitted 83.8 for an interim alternative educational setting, whichever occurs 83.9 first, unless the parent and district agree otherwise. 83.10 Subd. 23. [IMPLEMENTATION OF HEARING OFFICER ORDER.] (a) 83.11 That portion of a hearing officer's decision granting relief 83.12 requested by the parent must be implemented upon issuance. 83.13 (b) Except as provided under paragraph (a) or the district 83.14 and parent agree otherwise, following a hearing officer's 83.15 decision granting relief requested by the district, the child 83.16 must remain in the current educational placement until the time 83.17 to request judicial review under subdivision 23 expires or, if 83.18 judicial review is requested, at the time the Minnesota court of 83.19 appeals or the federal district court issues its decision, 83.20 whichever is later. 83.21 Subd. 24. [REVIEW OF HEARING OFFICER DECISIONS.] The 83.22 parent or district may seek review of the hearing officer's 83.23 decision in the Minnesota court of appeals or in the federal 83.24 district court, consistent with federal law. A party must 83.25 appeal to the Minnesota court of appeals within 60 days of 83.26 receiving the hearing officer's decision. 83.27 Subd. 25. [ENFORCEMENT OF ORDERS.] The commissioner must 83.28 monitor final hearing officer decisions and ensure enforcement 83.29 of hearing officer orders. 83.30 Subd. 26. [HEARING OFFICER AND PERSONS CONDUCTING 83.31 ALTERNATIVE DISPUTE RESOLUTION ARE STATE EMPLOYEES.] A hearing 83.32 officer or person conducting alternative dispute resolution 83.33 under this section is an employee of the state under section 83.34 3.732 for purposes of section 3.736 only. 83.35 Subd. 27. [HEARING OFFICER TRAINING.] A hearing officer 83.36 must participate in training and follow procedures established 84.1 by the commissioner. 84.2 Subd. 28. [DISTRICT LIABILITY.] A district is not liable 84.3 for harmless technical violations of this section or rules 84.4 implementing this section if the school district can demonstrate 84.5 on a case-by-case basis that the violations did not harm a 84.6 student's educational progress or a parent's or guardian's right 84.7 to notice, participation, or due process. 84.8 Sec. 6. [DEPARTMENT RESPONSIBILITY.] 84.9 By January 1, 2004, the commissioner must adopt rules that: 84.10 (1) establish criteria for selecting hearing officers, the 84.11 standards of conduct to which a hearing officer must adhere, and 84.12 a process to evaluate the hearing system; 84.13 (2) ensure that appropriately trained and knowledgeable 84.14 persons conduct due process hearings in compliance with federal 84.15 law; and 84.16 (3) create standards for expedited due process hearings 84.17 under federal law. 84.18 By March 1, 2004, the commissioner must develop and make 84.19 available a notice for participants in state-provided dispute 84.20 resolution processes that informs participants of their rights 84.21 concerning dispute resolution. 84.22 Sec. 7. [IMPACT OF WAIVING SPECIFIC SPECIAL EDUCATION 84.23 REQUIREMENTS THAT EXCEED FEDERAL LAW; TWO-YEAR PILOT PROJECT.] 84.24 Subdivision 1. [ESTABLISHMENT; GOAL.] A two-year pilot 84.25 project is established to permit independent school district No. 84.26 535, Rochester, and up to three other geographically diverse 84.27 school districts or cooperative of districts, or both, selected 84.28 by the commissioner of children, families, and learning to 84.29 determine the impact, if any, of waiving specific special 84.30 education requirements listed in subdivision 3 on the quality 84.31 and cost effectiveness of the instructional services and 84.32 educational outcomes provided to eligible students in the 84.33 participating district. 84.34 Subd. 2. [ELIGIBILITY; APPLICATIONS.] The commissioner 84.35 must transmit information about the pilot project and make 84.36 application forms available to interested school districts. 85.1 Applications must be submitted to the commissioner by July 1, 85.2 2003. An applicant must identify the specific special education 85.3 requirements listed in subdivision 3 for which the applicant 85.4 seeks a waiver and indicate how the applicant proposes to modify 85.5 the activities and procedures affected by the waiver. The 85.6 commissioner must approve the applications by August 1, 2003. 85.7 Subd. 3. [WAIVERS.] The following state special education 85.8 requirements are waived for the 2003-2004 and 2004-2005 school 85.9 years for independent school district No. 535, Rochester, and 85.10 the other school districts participating in this pilot project: 85.11 (1) Minnesota Statutes, section 125A.56, governing 85.12 prereferral interventions; 85.13 (2) Minnesota Statutes, section 125A.08, governing 85.14 transitional services; 85.15 (3) Minnesota Statutes, section 125A.22, governing 85.16 community transition interagency committees; and 85.17 (4) Minnesota Statutes, section 125A.023, governing 85.18 coordinated interagency services, but only for eligible children 85.19 with disabilities age six or older. 85.20 Subd. 4. [STUDENTS' RIGHTS.] Eligible students enrolled in 85.21 a district participating in this pilot project remain entitled 85.22 to the procedural protections provided under federal law in any 85.23 matter that affects the students' identification, evaluation, 85.24 and placement or change in placement, or protections provided 85.25 under state law in dismissal proceedings that may result in 85.26 students' suspension, exclusion, or expulsion. Participating 85.27 school districts must ensure the protections of students' civil 85.28 rights, provide equal educational opportunities, and prohibit 85.29 discrimination. Failure to comply with this subdivision will at 85.30 least cause a district to become ineligible to participate in 85.31 the pilot project. 85.32 Subd. 5. [TECHNICAL ASSISTANCE.] The commissioner must 85.33 provide assistance to participating districts, upon request, 85.34 including assistance in developing and implementing a valid and 85.35 uniform procedure under subdivision 6 to evaluate districts' 85.36 experience. 86.1 Subd. 6. [EVALUATION; REPORT.] All participating school 86.2 districts must evaluate the impact, if any, of waiving specific 86.3 special education requirements listed in subdivision 3 on the 86.4 quality and cost effectiveness of the instructional services and 86.5 educational outcomes provided to eligible students in the 86.6 participating district. Districts must focus the evaluation on 86.7 the overall efficacy of modifying the activities and procedures 86.8 affected by the waiver. The evaluation must include a mechanism 86.9 for documenting parents' response to the pilot project. 86.10 Participating districts must submit to the commissioner a 86.11 progress report by September 1, 2004, and a final report by 86.12 November 1, 2005. The commissioner must compile and present the 86.13 results of the reports to the legislature by February 1, 2006, 86.14 and recommend appropriate amendments to the statutory 86.15 requirement listed in subdivision 3. 86.16 [EFFECTIVE DATE.] This section is effective the day 86.17 following final enactment. 86.18 Sec. 8. [APPROPRIATIONS.] 86.19 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 86.20 LEARNING.] The sums indicated in this section are appropriated 86.21 from the general fund to the department of children, families, 86.22 and learning for the fiscal years designated. 86.23 Subd. 2. [SPECIAL EDUCATION; REGULAR.] For special 86.24 education aid under Minnesota Statutes, section 125A.75: 86.25 534,618,000 ..... 2004 86.26 574,184,000 ..... 2005 86.27 The 2004 appropriation includes $90,577,000 for 2003 and 86.28 $444,041,000 for 2004. 86.29 The 2005 appropriation includes $111,010,000 for 2004 and 86.30 $463,174,000 for 2005. 86.31 Subd. 3. [AID FOR CHILDREN WITH DISABILITIES.] For aid 86.32 under Minnesota Statutes, section 125A.75, subdivision 3, for 86.33 children with disabilities placed in residential facilities 86.34 within the district boundaries for whom no district of residence 86.35 can be determined: 86.36 $2,177,000 ..... 2004 87.1 $2,244,000 ..... 2005 87.2 If the appropriation for either year is insufficient, the 87.3 appropriation for the other year is available. 87.4 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 87.5 teacher travel for home-based services under Minnesota Statutes, 87.6 section 125A.75, subdivision 1: 87.7 $220,000 ..... 2004 87.8 $261,000 ..... 2005 87.9 The 2004 appropriation includes $34,000 for 2003 and 87.10 $186,000 for 2004. 87.11 The 2005 appropriation includes $46,000 for 2004 and 87.12 $215,000 for 2005. 87.13 Subd. 5. [SPECIAL EDUCATION; EXCESS COSTS.] For excess 87.14 cost aid under Minnesota Statutes, section 125A.79, subdivision 87.15 7: 87.16 $92,605,000 ..... 2004 87.17 $94,827,000 ..... 2005 87.18 The 2004 appropriation includes $41,754,000 for 2003 and 87.19 $50,851,000 for 2004. 87.20 The 2005 appropriation includes $43,058,000 for 2004 and 87.21 $51,769,000 for 2005. 87.22 Subd. 6. [TRANSITION FOR DISABLED STUDENTS.] For aid for 87.23 transition programs for children with disabilities under 87.24 Minnesota Statutes, section 124D.454: 87.25 $8,625,000 ..... 2004 87.26 $8,867,000 ..... 2005 87.27 The 2004 appropriation includes $1,516,000 for 2003 and 87.28 $7,109,000 for 2004. 87.29 The 2005 appropriation includes $1,777,000 for 2004 and 87.30 $7,090,000 for 2005. 87.31 Subd. 7. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 87.32 reimbursing serving school districts for unreimbursed eligible 87.33 expenditures attributable to children placed in the serving 87.34 school district by court action under Minnesota Statutes, 87.35 section 125A.79, subdivision 4: 87.36 $152,000 ..... 2004 88.1 $160,000 ..... 2005 88.2 Subd. 8. [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For 88.3 special education out-of-state tuition according to Minnesota 88.4 Statutes, section 125A.79, subdivision 8: 88.5 $250,000 ..... 2004 88.6 $250,000 ..... 2005 88.7 Sec. 9. [REPEALER.] 88.8 Minnesota Statutes 2002, sections 15.014, subdivision 3; 88.9 124D.65, subdivision 4; 125A.09; 125A.75, subdivision 8; and 88.10 239.004, are repealed. 88.11 ARTICLE 4 88.12 EDUCATION REFORM; FACILITIES AND TECHNOLOGY; FUND TRANSFERS 88.13 Section 1. Minnesota Statutes 2002, section 122A.413, is 88.14 amended to read: 88.15 122A.413 [EDUCATIONAL IMPROVEMENT PLAN.] 88.16 Subdivision 1. [QUALIFYING PLAN.] A district may develop 88.17 an educational improvement plan for the purpose of qualifying 88.18 foralternative teacher compensationprincipled pay practices 88.19 aid undersections 122A.414 and 122A.415section 122A.4142. The 88.20 plan must include measures for improving school district, school 88.21 site, teacher, and individual student performance. 88.22 Subd. 2. [PLAN COMPONENTS.] The educational improvement 88.23 plan must be approved by the school board and have at least 88.24 these elements: 88.25 (1) assessment and evaluation tools to measure student 88.26 performance and progress; 88.27 (2) performance goals and benchmarks for improvement; 88.28 (3) measures of student attendance and completion rates; 88.29 (4) a rigorous professional development system, consistent 88.30 with section 122A.60, that is aligned with educational 88.31 improvement, designed to achieve teaching quality improvement, 88.32 and consistent with clearly defined research-based standards; 88.33 (5) measures of student, family, and community involvement 88.34 and satisfaction; 88.35 (6) a data system about students and their academic 88.36 progress that provides parents and the public with 89.1 understandable information;and89.2 (7) a teacher induction and mentoring program for 89.3 probationary teachers that provides continuous learning and 89.4 sustained teacher support. The process for developing the plan89.5must involve district teachers; and 89.6 (8) substantial teacher participation in developing the 89.7 plan, including teachers selected by the exclusive 89.8 representative of the teachers. 89.9 Subd. 3. [SCHOOL SITE ACCOUNTABILITY.] A district that 89.10 develops a plan under subdivisions 1 and 2 must ensure that each 89.11 school site develops a board-approved educational improvement 89.12 plan that is aligned with the district educational improvement 89.13 plan under subdivision 2 and developed with teacher 89.14 participation consistent with subdivision 2, clause (8). While 89.15 a site plan must be consistent with the district educational 89.16 improvement plan, it may establish performance goals and 89.17 benchmarks that meet or exceed those of the district.The89.18process for developing the plan must involve site teachers.89.19 [EFFECTIVE DATE.] This section is effective for fiscal year 89.20 2005 and thereafter. 89.21 Sec. 2. [122A.4142] [PRINCIPLED PAY PRACTICES FOR 89.22 TEACHERS.] 89.23 Subdivision 1. [PRINCIPLED PAY PRACTICES SYSTEM.] A school 89.24 district and the exclusive representative of the teachers may 89.25 adopt, by agreement, principled pay practices under subdivision 89.26 2 to provide incentives to attract and retain high-quality 89.27 teachers, encourage high-quality teachers to accept difficult 89.28 assignments, encourage teachers to improve their knowledge and 89.29 skills, and support teachers' roles in improving students' 89.30 educational achievement. 89.31 Subd. 2. [ELIGIBILITY FOR PRINCIPLED PAY PRACTICES 89.32 AID.] To be eligible for principled pay practices aid, a school 89.33 district must submit to the department: 89.34 (a) A districtwide or site-based educational improvement 89.35 plan as described in section 122A.413. 89.36 (b) An executed collective bargaining agreement that 90.1 contains at least the following elements: 90.2 (1) a description of the conditions or actions necessary 90.3 for career advancement and additional compensation; 90.4 (2) compensation provisions that base at least 60 percent 90.5 of any increase in compensation on performance and not on years 90.6 of service or the attainment of additional education or 90.7 training; 90.8 (3) career advancement options for teachers retaining 90.9 primary roles in student instruction and for other members of 90.10 the bargaining unit; 90.11 (4) incentives for teachers' continuous improvement in 90.12 content knowledge, pedagogy, and use of best practices; 90.13 (5) an objective evaluation program, including classroom or 90.14 performance observation, that is aligned with the district's or 90.15 site's educational improvement plan, and is a component of 90.16 determining performance; 90.17 (6) provisions preventing any teacher's compensation from 90.18 being reduced as a result of implementing principled pay 90.19 practices; 90.20 (7) provisions enabling any teacher in the district if the 90.21 principled pay practices are applied districtwide, or at a site, 90.22 if the practices apply only to a site, to participate in the 90.23 principled pay practices without limitations by quota or other 90.24 restrictions; 90.25 (8) provisions encouraging collaboration among teachers 90.26 rather than competition; and 90.27 (9) provisions for participation by all teachers in a 90.28 district, all teachers at a site, or at least 25 percent of the 90.29 teachers in a district. 90.30 (c) An agreement may contain different compensation 90.31 provisions for separate classifications of employees. 90.32 Subd. 3. [COMMISSIONER APPROVAL.] (a) Before concluding a 90.33 collective bargaining agreement, a district may submit a 90.34 proposed agreement and educational improvement plan for review, 90.35 comment, and preliminary approval by the commissioner. If the 90.36 plan and agreement are executed in the same form as 91.1 preliminarily approved by the commissioner, the plan and 91.2 agreement must be approved without further review. 91.3 (b) The application to the commissioner must contain a 91.4 formally adopted collective bargaining agreement, memorandum of 91.5 understanding, or other binding agreement that implements 91.6 principled pay practices consistent with this section. 91.7 (c) The commissioner's approval must be based on the 91.8 requirements established in subdivision 2. If the commissioner 91.9 does not approve an application, the notice to the school 91.10 district must provide details regarding the commissioner's 91.11 reason for rejecting the application. 91.12 (d) A school district that intends to apply for principled 91.13 pay practices aid for the first time must notify the 91.14 commissioner in writing by November 1 prior to the academic year 91.15 for which they intend to seek aid. The commissioner must 91.16 approve initial applications for school districts qualifying 91.17 under subdivision 4, paragraph (b), clause (1), by January 15 of 91.18 each year. 91.19 Subd. 4. [AID AMOUNT.] (a) A school district that meets 91.20 the conditions of this section, as approved by the commissioner, 91.21 is eligible for principled pay practices aid. 91.22 (b) Principled pay practices aid for a qualifying school 91.23 district, site, or portion of a district or school site is as 91.24 follows: 91.25 (1) for a school district in which the school board and the 91.26 exclusive representative of the teachers agree to place all 91.27 teachers in the district or at the site in the principled pay 91.28 practices system, aid equals $80 times the district's or the 91.29 site's number of pupils enrolled on October 1 of the previous 91.30 fiscal year; or 91.31 (2) for a district in which the school board and the 91.32 exclusive representative of the teachers agree that at least 25 91.33 percent of the district's licensed teachers will be paid under 91.34 the principled pay practices system, aid equals $80 times the 91.35 percentage of participating teachers times the district's number 91.36 of pupils enrolled as of October 1 of the previous fiscal year. 92.1 Subd. 5. [PERCENTAGE OF TEACHERS.] For purposes of 92.2 subdivision 4, the percentage of teachers participating in the 92.3 principled pay practices system equals the ratio of the number 92.4 of licensed teachers who are working at least 60 percent of a 92.5 full-time teacher's hours and agree to participate in the 92.6 principled pay practices system to the total number of licensed 92.7 teachers who are working at least 60 percent of a full-time 92.8 teacher's hours. 92.9 Subd. 6. [AID TIMING.] Districts or sites with approved 92.10 applications must receive principled pay practices aid for each 92.11 school year that the district or site participates in the 92.12 program. 92.13 [EFFECTIVE DATE.] This section is effective for fiscal year 92.14 2005 and thereafter. 92.15 Sec. 3. [122A.4143] [CLOSED CONTRACT.] 92.16 A district and the exclusive representative of the teachers 92.17 may agree jointly to reopen a collective bargaining agreement in 92.18 order to enter into a principled pay practices system consistent 92.19 with section 122A.4142 and an educational improvement plan under 92.20 section 122A.413. 92.21 Sec. 4. [122A.4144] [DISTRICTS RECEIVING ALTERNATIVE 92.22 TEACHER COMPENSATION AID.] 92.23 Districts that qualified for alternative teacher 92.24 compensation aid under section 122A.415 shall be eligible for 92.25 principled pay practices aid provided that they retain the 92.26 system previously approved by the commissioner through June 30, 92.27 2005. These districts must not receive an aid reduction, based 92.28 on the available appropriation, until fiscal year 2006. In 92.29 order to receive aid after June 30, 2005, these districts must 92.30 submit an application to the commissioner under section 92.31 122A.4142. 92.32 Sec. 5. Minnesota Statutes 2002, section 123B.53, 92.33 subdivision 4, is amended to read: 92.34 Subd. 4. [DEBT SERVICE EQUALIZATION REVENUE.] (a) The debt 92.35 service equalization revenue of a district equals the sum of the 92.36 first tier debt service equalization revenue and the second tier 93.1 debt service equalization revenue. 93.2 (b) The first tier debt service equalization revenue of a 93.3 district equals the greater of zero or the eligible debt service 93.4 revenue minus the amount raised by a levy of 15 percent times 93.5 the adjusted net tax capacity of the district minus the second 93.6 tier debt service equalization revenue of the district. 93.7 (c) The second tier debt service equalization revenue of a 93.8 district equals the greater of zero or the eligible debt service 93.9 revenue, excluding alternative facilities levies under section 93.10 123B.59, subdivision 5, minus the amount raised by a levy of 25 93.11 percent times the adjusted net tax capacity of the district. 93.12 [EFFECTIVE DATE.] This section is effective for revenue for 93.13 fiscal year 2005. 93.14 Sec. 6. Minnesota Statutes 2002, section 123B.54, is 93.15 amended to read: 93.16 123B.54 [DEBT SERVICE APPROPRIATION.] 93.17 (a)$25,987,000 in fiscal year 2002, $29,941,000 in fiscal93.18year 2003, $40,075,000$33,477,000 in fiscal year2004,2006 93.19 and$39,774,000$30,048,000 in fiscalyears 2005year 2007 and 93.20 later are appropriated from the general fund to the commissioner 93.21 of children, families, and learning for payment of debt service 93.22 equalization aid under section 123B.53. 93.23 (b) The appropriations in paragraph (a) must be reduced by 93.24 the amount of any money specifically appropriated for the same 93.25 purpose in any year from any state fund. 93.26 Sec. 7. Minnesota Statutes 2002, section 123B.57, 93.27 subdivision 1, is amended to read: 93.28 Subdivision 1. [HEALTH AND SAFETY PROGRAM.] (a) To receive 93.29 health and safety revenue for any fiscal year a district must 93.30 submit to the commissioner an application for aid and levy by 93.31 the date determined by the commissioner. The application may be 93.32 for hazardous substance removal, fire and life safety code 93.33 repairs, labor and industry regulated facility and equipment 93.34 violations, and health, safety, and environmental management, 93.35 including indoor air quality management. The application must 93.36 include a health and safety program adopted by the school 94.1 district board. The program must include the estimated cost, 94.2 per building, of the program by fiscal year. Upon approval 94.3 through the adoption of a resolution by each of an intermediate 94.4 district's member school district boards and the approval of the 94.5 department of children, families, and learning, a school 94.6 district may include its proportionate share of the costs of 94.7 health and safety projects for an intermediate district in its 94.8 application. 94.9 (b) Health and safety projects with an estimated cost of 94.10 $500,000 or more per site, approved after February 1, 2003, are 94.11 not eligible for health and safety revenue. Health and safety 94.12 projects with an estimated cost of $500,000 or more per site, 94.13 approved after February 1, 2003, that meet all other 94.14 requirements for health and safety funding, are eligible for 94.15 alternative facilities bonding and levy revenue according to 94.16 section 123B.59. A school board shall not separate portions of 94.17 a single project into components to qualify for health and 94.18 safety revenue, and shall not combine unrelated projects into a 94.19 single project to qualify for alternative facilities bonding and 94.20 levy revenue. 94.21 [EFFECTIVE DATE.] This section is effective the day 94.22 following final enactment and applies to projects approved after 94.23 February 1, 2003, for taxes payable in 2004 and later. 94.24 Sec. 8. Minnesota Statutes 2002, section 123B.57, 94.25 subdivision 2, is amended to read: 94.26 Subd. 2. [CONTENTS OF PROGRAM.] A district must adopt a 94.27 health and safety program. The program must include plans, 94.28 where applicable, for hazardous substance removal, fire and life 94.29 safety code repairs, regulated facility and equipment 94.30 violations, and health, safety, and environmental management, 94.31 including indoor air quality management. 94.32 (a) A hazardous substance plan must contain provisions for 94.33 the removal or encapsulation of asbestos from school buildings 94.34 or property, asbestos-related repairs, cleanup and disposal of 94.35 polychlorinated biphenyls found in school buildings or property, 94.36 and cleanup, removal, disposal, and repairs related to storing 95.1 heating fuel or transportation fuels such as alcohol, gasoline, 95.2 fuel, oil, and special fuel, as defined in section 296A.01. If 95.3 a district has already developed a plan for the removal or 95.4 encapsulation of asbestos as required by the federal Asbestos 95.5 Hazard Emergency Response Act of 1986, the district may use a 95.6 summary of that plan, which includes a description and schedule 95.7 of response actions, for purposes of this section. The plan 95.8 must also contain provisions to make modifications to existing 95.9 facilities and equipment necessary to limit personal exposure to 95.10 hazardous substances, as regulated by the federal Occupational 95.11 Safety and Health Administration under Code of Federal 95.12 Regulations, title 29, part 1910, subpart Z; or is determined by 95.13 the commissioner to present a significant risk to district staff 95.14 or student health and safety as a result of foreseeable use, 95.15 handling, accidental spill, exposure, or contamination. 95.16 (b) A fire and life safety plan must contain a description 95.17 of the current fire and life safety code violations, a plan for 95.18 the removal or repair of the fire and life safety hazard, and a 95.19 description of safety preparation and awareness procedures to be 95.20 followed until the hazard is fully corrected. 95.21 (c) A facilities and equipment violation plan must contain 95.22 provisions to correct health and safety hazards as provided in 95.23 department of labor and industry standards pursuant to section 95.24 182.655. 95.25 (d) A health, safety, and environmental management plan 95.26 must contain a description of training, record keeping, hazard 95.27 assessment, and program management as defined in section 123B.56. 95.28 (e) A plan to test for and mitigate radon produced hazards. 95.29 (f) A plan to monitor and improve indoor air quality. 95.30 (g) A plan to review the department of administration's and 95.31 the department of commerce's B3 project guidelines established 95.32 under Laws 2001, chapter 212, article 1, sections 2 and 3, and, 95.33 when cost-effective, include appropriate modifications as part 95.34 of the project authorized under this section. 95.35 Sec. 9. Minnesota Statutes 2002, section 123B.57, 95.36 subdivision 6, is amended to read: 96.1 Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] (a) Health 96.2 and safety revenue may be used only for approved expenditures 96.3 necessary to correct fire and life safety hazards,life safety96.4hazards,or for the removal or encapsulation of asbestos from 96.5 school buildings or property owned or being acquired by the 96.6 district, asbestos-related repairs, cleanup and disposal of 96.7 polychlorinated biphenyls found in school buildings or property 96.8 owned or being acquired by the district, or the cleanup, 96.9 removal, disposal, and repairs related to storing heating fuel 96.10 or transportation fuels such as alcohol, gasoline, fuel oil, and 96.11 special fuel, as defined in section 296A.01,labor and96.12industryMinnesota occupational safety and health administration 96.13 regulated facility and equipment hazards, indoor air quality 96.14 mold abatement, upgrades or replacement of mechanical 96.15 ventilation systems to meet American Society of Heating, 96.16 Refrigerating and Air Conditioning Engineers standards and state 96.17 mechanical code, department of health food code and swimming 96.18 pool hazards excluding depth correction, and health, safety, and 96.19 environmental management. Health and safety revenue must not be 96.20 used to finance a lease purchase agreement, installment purchase 96.21 agreement, or other deferred payments agreement. Health and 96.22 safety revenue must not be used for the construction of new 96.23 facilities or the purchase of portable classrooms, for interest 96.24 or other financing expenses, or for energy efficiency projects 96.25 under section 123B.65. The revenue may not be used for a 96.26 building or property or part of a building or property used for 96.27 post-secondary instruction or administration or for a purpose 96.28 unrelated to elementary and secondary education. 96.29 (b) Notwithstanding paragraph (a), health and safety 96.30 revenue must not be used for replacement of building materials 96.31 or facilities including roof, walls, windows, internal fixtures 96.32 and flooring, nonhealth and safety costs associated with 96.33 demolition of facilities, structural repair or replacement of 96.34 facilities due to unsafe conditions, violence prevention and 96.35 facility security, ergonomics, building and heating, ventilating 96.36 and air conditioning supplies, maintenance, cleaning, testing, 97.1 and calibration activities. All assessments, investigations, 97.2 inventories, and support equipment not leading to the 97.3 engineering or construction of a project shall be included in 97.4 the health, safety, and environmental management costs in 97.5 subdivision 8, paragraph (a). 97.6 [EFFECTIVE DATE.] This section is effective the day 97.7 following final enactment and applies to projects approved after 97.8 February 1, 2003, for taxes payable in 2004 and later. 97.9 Sec. 10. Minnesota Statutes 2002, section 123B.59, 97.10 subdivision 1, is amended to read: 97.11 Subdivision 1. [TO QUALIFY.] (a) An independent or special 97.12 school district qualifies to participate in the alternative 97.13 facilities bonding and levy program if the district has: 97.14 (1) more than 66 students per grade; 97.15 (2) over 1,850,000 square feet of space and the average age 97.16 of building space is 15 years or older or over 1,500,000 square 97.17 feet and the average age of building space is 35 years or older; 97.18 (3) insufficient funds from projected health and safety 97.19 revenue and capital facilities revenue to meet the requirements 97.20 for deferred maintenance, to make accessibility improvements, or 97.21 to make fire, safety, or health repairs; and 97.22 (4) a ten-year facility plan approved by the commissioner 97.23 according to subdivision 2. 97.24 (b) An independent or special school district not eligible 97.25 to participate in the alternative facilities bonding and levy 97.26 program under paragraph (a) qualifies for limited participation 97.27 in the program if the district has: 97.28 (1) one or more health and safety projects with an 97.29 estimated cost of $500,000 or more per site that would qualify 97.30 for health and safety revenue except for the project size 97.31 limitation in section 123B.57, subdivision 1, paragraph (b); and 97.32 (2) insufficient funds from capital facilities revenue to 97.33 fund those projects. 97.34 [EFFECTIVE DATE.] This section is effective for revenue for 97.35 fiscal year 2005. 97.36 Sec. 11. Minnesota Statutes 2002, section 123B.59, 98.1 subdivision 2, is amended to read: 98.2 Subd. 2. [TEN-YEARFACILITY PLAN.] (a) A district 98.3 qualifyingdistrictunder subdivision 1, paragraph (a), must 98.4 have a ten-year facility plan approved by the commissioner that 98.5 includes an inventory of projects and costs that would be 98.6 eligible for: 98.7 (1) health and safety revenue, without restriction as to 98.8 project size; 98.9 (2) disabled access levy; and 98.10 (3) deferred capital expenditures and maintenance projects 98.11 necessary to prevent further erosion of facilities. 98.12 (b) A district qualifying under subdivision 1, paragraph 98.13 (b), must have a five-year plan approved by the commissioner 98.14 that includes an inventory of projects and costs for health and 98.15 safety projects with an estimated cost of $500,000 or more per 98.16 site that would qualify for health and safety revenue except for 98.17 the project size limitation in section 123B.57, subdivision 1, 98.18 paragraph (b). 98.19 (c) The school district must: 98.20 (1) annually update theplanplans; 98.21 (2) biennially submit a facility maintenance plan; and 98.22 (3) indicate whether the district will issue bonds to 98.23 finance the plan or levy for the costs. 98.24 (d) The school district must review the department of 98.25 administration's and the department of commerce's B3 project 98.26 guidelines established under Laws 2001, chapter 212, article 1, 98.27 sections 2 and 3, and, when cost-effective, include appropriate 98.28 modifications as part of the project authorized under this 98.29 section. 98.30 [EFFECTIVE DATE.] This section is effective for revenue for 98.31 fiscal year 2005. 98.32 Sec. 12. Minnesota Statutes 2002, section 123B.59, 98.33 subdivision 3, is amended to read: 98.34 Subd. 3. [BOND AUTHORIZATION.] (a) A school district, upon98.35approval of its board and the commissioner,may issue general 98.36 obligation bonds under this section to financeapproved99.1 facilities plans approved by its board and the commissioner. 99.2 Chapter 475, except sections 475.58 and 475.59, must be complied 99.3 with. The district may levy under subdivision 5 for the debt 99.4 service revenue. The authority to issue bonds under this 99.5 section is in addition to any bonding authority authorized by 99.6 this chapter, or other law. The amount of bonding authority 99.7 authorized under this section must be disregarded in calculating 99.8 the bonding or net debt limits of this chapter, or any other law 99.9 other than section 475.53, subdivision 4. 99.10 (b) Before a district issues bonds under this subdivision, 99.11 it must publish notice of the intended projects, the amount of 99.12 the bond issue, and the total amount of district indebtedness. 99.13 (c) A bond issue tentatively authorized by the board under 99.14 this subdivision becomes finally authorized unless a petition 99.15 signed by more than 15 percent of the registered voters of the 99.16 district is filed with the school board within 30 days of the 99.17 board's adoption of a resolution stating the board's intention 99.18 to issue bonds. The percentage is to be determined with 99.19 reference to the number of registered voters in the district on 99.20 the last day before the petition is filed with the board. The 99.21 petition must call for a referendum on the question of whether 99.22 to issue the bonds for the projects under this section. The 99.23 approval of 50 percent plus one of those voting on the question 99.24 is required to pass a referendum authorized by this section. 99.25 [EFFECTIVE DATE.] This section is effective the day 99.26 following final enactment and applies to bonds issued after 99.27 April 15, 2003, for taxes payable in 2004 and later. 99.28 Sec. 13. Minnesota Statutes 2002, section 123B.59, is 99.29 amended by adding a subdivision to read: 99.30 Subd. 3a. [LEVY AUTHORIZATION.] (a) A school district may 99.31 levy under this section to finance the portion of facilities 99.32 plans approved by its board and the commissioner that are not 99.33 financed through bond issues according to subdivision 3. 99.34 (b) Before a district levies under this subdivision, it 99.35 must publish notice of the intended projects, including the 99.36 total estimated project cost. 100.1 (c) A levy tentatively authorized by the board under this 100.2 subdivision becomes finally authorized unless a petition signed 100.3 by more than 15 percent of the registered voters of the district 100.4 is filed with the school board within 30 days of the board's 100.5 adoption of a resolution stating the board's intention to levy. 100.6 The percentage is to be determined with reference to the number 100.7 of registered voters in the district on the last day before the 100.8 petition is filed with the board. The petition must call for a 100.9 referendum on the question of whether to levy for the projects 100.10 under this section. The approval of 50 percent plus one of 100.11 those voting on the question is required to pass a referendum 100.12 authorized by this section. The referendum must be held on a 100.13 date set by the board. The ballot must provide a general 100.14 description of the proposed projects and state the estimated 100.15 total cost of the projects, the specific number of years, not to 100.16 exceed ten, for which the referendum authorization applies, the 100.17 maximum amount of the levy for each year, and the estimated tax 100.18 rate as a percentage of net tax capacity for the amount 100.19 specified for the first year and for the maximum amount 100.20 specified in the schedule. The ballot must contain a textual 100.21 portion with the information required in this subdivision and a 100.22 question stating substantially the following: 100.23 "Shall the alternative facilities levy proposed by the 100.24 board of ............ School District No. ............ be 100.25 approved?" 100.26 If approved, the amount stated for each year may be 100.27 certified for the number of years approved. The district must 100.28 notify the commissioner of the results of the referendum. 100.29 [EFFECTIVE DATE.] This section is effective the day 100.30 following final enactment and applies to levies for taxes 100.31 payable in 2004 and later. 100.32 Sec. 14. Minnesota Statutes 2002, section 123B.59, 100.33 subdivision 5, is amended to read: 100.34 Subd. 5. [LEVY AUTHORIZED.] A district, after local board100.35approval,may levy for costs related to an approved facility 100.36 plan as follows: 101.1 (a) if the district has indicated to the commissioner that 101.2 bonds will be issued, the district may levy for the principal 101.3 and interest payments on outstanding bonds issued according to 101.4 subdivision 3 after reduction for any alternative facilities aid 101.5 receivable under subdivision 6; or 101.6 (b) if the district has indicated to the commissioner that 101.7 the plan will be funded through levy, the district may levy 101.8 according to the schedule approved in the plan after reduction 101.9 for any alternative facilities aid receivable under subdivision 101.10 6. 101.11 [EFFECTIVE DATE.] This section is effective for taxes 101.12 payable in 2004. 101.13 Sec. 15. [123B.595] [DEFERRED MAINTENANCE LEVY.] 101.14 Subdivision 1. [ELIGIBILITY.] Any school district that is 101.15 not eligible for the alternative facilities bonding and levy 101.16 program under section 123B.59, subdivision 1, paragraph (a), is 101.17 eligible to levy against its adjusted net tax capacity according 101.18 to subdivision 2. A levy received under this section must be 101.19 used for deferred maintenance, to make accessibility 101.20 improvements, or to make fire, safety, or health repairs. 101.21 Subd. 2. [LEVY FORMULA.] An eligible school district's 101.22 deferred maintenance levy is equal to its adjusted marginal cost 101.23 pupil units multiplied times the deferred maintenance allowance. 101.24 Subd. 3. [DEFERRED MAINTENANCE ALLOWANCE.] For taxes 101.25 payable in 2004, the deferred maintenance allowance is $50. For 101.26 taxes payable in 2005, 2006, and 2007, the deferred maintenance 101.27 allowance is $38. 101.28 Subd. 4. [EXPIRATION.] This section expires on December 101.29 31, 2007, effective for taxes payable in 2008. 101.30 [EFFECTIVE DATE.] This section is effective for taxes 101.31 payable in 2004, 2005, 2006, and 2007. 101.32 Sec. 16. Minnesota Statutes 2002, section 123B.62, is 101.33 amended to read: 101.34 123B.62 [BONDS FOR CERTAIN CAPITAL FACILITIES.] 101.35 (a) In addition to other bonding authority, with approval 101.36 of the commissioner, a district may issue general obligation 102.1 bonds for certain capital projects under this section. The 102.2 bonds must be used only to make capital improvements including: 102.3 (1) under section 126C.10, subdivision 14, total operating 102.4 capital revenue uses specified in clauses (4), (6), (7), (8), 102.5 (9), and (10); 102.6 (2) the cost of energy modifications, including, when 102.7 cost-effective, compliance with the department of 102.8 administration's and the department of commerce's B3 project 102.9 guidelines established under Laws 2001, chapter 212, article 1, 102.10 sections 2 and 3; 102.11 (3) improving handicap accessibility to school buildings; 102.12 and 102.13 (4) bringing school buildings into compliance with life and 102.14 safety codes and fire codes. 102.15 (b) Before a district issues bonds under this subdivision, 102.16 it must publish notice of the intended projects, the amount of 102.17 the bond issue, and the total amount of district indebtedness. 102.18 (c) A bond issue tentatively authorized by the board under 102.19 this subdivision becomes finally authorized unless a petition 102.20 signed by more than 15 percent of the registered voters of the 102.21 district is filed with the school board within 30 days of the 102.22 board's adoption of a resolution stating the board's intention 102.23 to issue bonds. The percentage is to be determined with 102.24 reference to the number of registered voters in the district on 102.25 the last day before the petition is filed with the board. The 102.26 petition must call for a referendum on the question of whether 102.27 to issue the bonds for the projects under this section. The 102.28 approval of 50 percent plus one of those voting on the question 102.29 is required to pass a referendum authorized by this section. 102.30 (d) The bonds must be paid off within ten years of 102.31 issuance. The bonds must be issued in compliance with chapter 102.32 475, except as otherwise provided in this section. A tax levy 102.33 must be made for the payment of principal and interest on the 102.34 bonds in accordance with section 475.61. The sum of the tax 102.35 levies under this section and section 123B.61 for each year must 102.36 not exceed the limit specified in section 123B.61. The levy for 103.1 each year must be reduced as provided in section 123B.61. A 103.2 district using an excess amount in the debt redemption fund to 103.3 retire the bonds shall report the amount used for this purpose 103.4 to the commissioner by July 15 of the following fiscal year. A 103.5 district having an outstanding capital loan under section 103.6 126C.69 or an outstanding debt service loan under section 103.7 126C.68 must not use an excess amount in the debt redemption 103.8 fund to retire the bonds. 103.9 (e) Notwithstanding paragraph (d), bonds issued by a 103.10 district within the first five years following voter approval of 103.11 a combination according to section 123A.37, subdivision 2, must 103.12 be paid off within 20 years of issuance. All the other 103.13 provisions and limitation of paragraph (d) apply. 103.14 Sec. 17. Minnesota Statutes 2002, section 123B.71, 103.15 subdivision 4, is amended to read: 103.16 Subd. 4. [PLAN SUBMITTAL.] For a project for which 103.17 consultation is required under subdivision 1, the commissioner, 103.18 after the consultation required in subdivision 1, may require a 103.19 school district to submit preliminary and final plans for 103.20 approval. The commissioner shall approve or disapprove the 103.21 plans within 90 days after submission. 103.22 Final plans shall meet all applicable state laws, rules, 103.23 and codes concerning public buildings, including sections 16B.59 103.24 to 16B.73, and, when cost-effective, the department of 103.25 administration's and the department of commerce's B3 project 103.26 guidelines established under Laws 2001, chapter 212, article 1, 103.27 sections 2 and 3. 103.28 Sec. 18. Minnesota Statutes 2002, section 123B.71, 103.29 subdivision 9, is amended to read: 103.30 Subd. 9. [INFORMATION REQUIRED.] A school board proposing 103.31 to construct a facility described in subdivision 8 shall submit 103.32 to the commissioner a proposal containing information including 103.33 at least the following: 103.34 (1) the geographic area and population to be served, 103.35 preschool through grade 12 student enrollments for the past five 103.36 years, and student enrollment projections for the next five 104.1 years; 104.2 (2) a list of existing facilities by year constructed, 104.3 their uses, and an assessment of the extent to which alternate 104.4 facilities are available within the school district boundaries 104.5 and in adjacent school districts; 104.6 (3) a list of the specific deficiencies of the facility 104.7 that demonstrate the need for a new or renovated facility to be 104.8 provided, and a list of the specific benefits that the new or 104.9 renovated facility will provide to the students, teachers, and 104.10 community users served by the facility; 104.11 (4) the relationship of the project to any priorities 104.12 established by the school district, educational cooperatives 104.13 that provide support services, or other public bodies in the 104.14 service area; 104.15 (5) a specification of how the project will increase 104.16 community use of the facility and whether and how the project 104.17 will increase collaboration with other governmental or nonprofit 104.18 entities; 104.19 (6) a description of the project, including the 104.20 specification of site and outdoor space acreage and square 104.21 footage allocations for classrooms, laboratories, and support 104.22 spaces; estimated expenditures for the major portions of the 104.23 project; and the dates the project will begin and be completed; 104.24 (7) a specification of the source of financing the project; 104.25 the scheduled date for a bond issue or school board action; a 104.26 schedule of payments, including debt service equalization aid; 104.27 and the effect of a bond issue on local property taxes by the 104.28 property class and valuation; 104.29 (8) an analysis of how the proposed new or remodeled 104.30 facility will affect school district operational or 104.31 administrative staffing costs, and how the district's operating 104.32 budget will cover any increased operational or administrative 104.33 staffing costs; 104.34 (9) a description of the consultation with local or state 104.35 road and transportation officials on school site access and 104.36 safety issues, and the ways that the project will address those 105.1 issues; 105.2 (10) a description of how indoor air quality issues have 105.3 been considered and a certification that the architects and 105.4 engineers designing the facility will have professional 105.5 liability insurance; 105.6 (11) as required under section 123B.72, for buildings 105.7 coming into service after July 1, 2002, a certification that the 105.8 plans and designs for the extensively renovated or new 105.9 facility's heating, ventilation, and air conditioning systems 105.10 will meet or exceed code standards; will provide for the 105.11 monitoring of outdoor airflow and total airflow of ventilation 105.12 systems; and will provide an indoor air quality filtration 105.13 system that meets ASHRAE standard 52.1; 105.14 (12) a specification of any desegregation requirements that 105.15 cannot be met by any other reasonable means; and 105.16 (13) a specification, if applicable, of how the facility 105.17 will utilize environmentally sustainable school facility design 105.18 concepts and, when cost-effective, comply with the department of 105.19 administration's and the department of commerce's B3 project 105.20 guidelines established under Laws 2001, chapter 212, article 1, 105.21 sections 2 and 3. 105.22 Sec. 19. [125B.22] [EDUCATION TELECOMMUNICATIONS FUND.] 105.23 Subdivision 1. [FUND ESTABLISHED.] An education 105.24 telecommunications fund is established as an account in the 105.25 state treasury. Earnings, such as interest, dividends, and any 105.26 other earnings arising from fund assets, must be credited to the 105.27 account. 105.28 Subd. 2. [ACCESS FEE.] A surcharge of 25 cents per month 105.29 will be added to end-user bills by communications providers for 105.30 each customer wireline or wireless access line for voice or data 105.31 telecommunications services. 105.32 Fees imposed under this subdivision shall be collected in a 105.33 manner identical to other fees collected under section 403.11, 105.34 subdivision 1. Revenue, including the interest and penalties, 105.35 derived from the fee imposed under this subdivision shall be 105.36 deposited in the education telecommunications fund account. 106.1 Subd. 3. [LEARNING NETWORK.] Commencing in fiscal year 106.2 2004, the account shall fund the kindergarten through grade 12 106.3 schools and public library portions of the learning network of 106.4 Minnesota formerly funded through the department of children, 106.5 families, and learning. Eligible expenditures shall include 106.6 telecommunication access fees, wide-area network maintenance and 106.7 support costs, nonrecurring installation costs, and other costs 106.8 as defined by the Minnesota education telecommunications council. 106.9 Subd. 4. [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL 106.10 (METC).] The Minnesota education telecommunications council 106.11 (METC) has oversight responsibility for the operation of the 106.12 network, and must develop a funding plan consistent with the 106.13 regional distribution method recommended by the 2002 permanent 106.14 funding report. The METC must also establish standards for 106.15 interoperability and minimum bandwidth. 106.16 Subd. 5. [E-RATES.] All kindergarten through grade 12 106.17 schools and public libraries receiving telecommunications funds 106.18 from the state of Minnesota must apply for e-rate discounts 106.19 through the appropriate region or cluster. Regions and clusters 106.20 denied e-rate discounts will be fully funded through the 106.21 education telecommunications fund account. Funds approved 106.22 through the e-rate appeals process are deposited to the account. 106.23 Subd. 6. [FISCAL AGENT.] The department of children, 106.24 families, and learning is the fiscal agent for funding programs 106.25 under this section and is not authorized to, nor responsible 106.26 for, the management or operation of those programs. 106.27 Subd. 7. [ADMINISTRATION.] Not more than $200,000 each 106.28 fiscal year may be expended from the account for paying the 106.29 expenses of the department of children, families, and learning 106.30 in administering this section. 106.31 Subd. 8. [APPROPRIATION.] Money in the account is 106.32 appropriated to the commissioner of children, families, and 106.33 learning for the purposes of this section. Money in the account 106.34 is carried forward. 106.35 Subd. 9. [EXPIRATION.] This section expires June 30, 2009. 106.36 Sec. 20. [125B.25] [ON-LINE LEARNING COURSES.] 107.1 Subdivision 1. [DEFINITIONS.] For the purposes of this 107.2 section, the terms defined in this subdivision have the meanings 107.3 given them. 107.4 (a) "Student" means a public school or charter school 107.5 student enrolled for one or more courses in any of kindergarten 107.6 through grade 12. 107.7 (b) "Enrolled district" means a school district or charter 107.8 school in which the student taking the on-line course is 107.9 enrolled. 107.10 (c) "Serving district" means a school district, a charter 107.11 school, or two or more school districts organized under a joint 107.12 powers agreement, offering an on-line course that is accessible 107.13 by students outside of the regular school day or from a location 107.14 other than a public school building. 107.15 (d) "Private school student" means a student enrolled in a 107.16 nonpublic school as defined in section 123B.41, subdivision 9, 107.17 excluding a homeschooled student. 107.18 Subd. 2. [STUDENT ELIGIBILITY.] (a) Public and private 107.19 school students shall be enrolled full time in a Minnesota 107.20 school. Private school students in any of kindergarten through 107.21 grade 12 may enroll in an on-line course offered at a public 107.22 school and are eligible for certificates of authorization under 107.23 subdivision 7. 107.24 (b) Students who are age 17 or younger must have written 107.25 permission from a parent or guardian in order to be enrolled in 107.26 an on-line course. 107.27 (c) Students shall notify their enrolled district at least 107.28 30 days prior to taking an on-line course offered by a serving 107.29 district. 107.30 (d) A student's enrollment in an on-line course in a 107.31 serving district shall not affect their ability to participate 107.32 in extracurricular activities in their enrolled district. 107.33 (e) Homeschooled students may take an on-line course at a 107.34 Minnesota school with a financial agreement between the school 107.35 and the parents or guardian of the homeschooled student. 107.36 (f) A student with a disability may enroll in an on-line 108.1 course if the student's individual education plan determines 108.2 that the on-line course is a proper type of instruction for the 108.3 student. 108.4 Subd. 3. [ENROLLED DISTRICT RESPONSIBILITY.] (a) An 108.5 enrolled school district is not required to provide a student 108.6 taking an on-line course in a serving district with access to a 108.7 computer or to the Internet. The enrolled district must provide 108.8 equal access to school computer equipment for students taking 108.9 on-line courses as it does for other students attending public 108.10 schools in the district. 108.11 (b) An enrolled school district may not prohibit a student 108.12 from taking an on-line course in a serving district. 108.13 (c) The enrolled district must determine the graduation 108.14 requirements for a student taking an on-line course and must 108.15 continue to provide other nonacademic services for the student. 108.16 If a student successfully completes an on-line course that meets 108.17 or exceeds a graduation standard or grade progression 108.18 requirement at the enrolled district, that standard or 108.19 requirement shall be considered met. The enrolled district must 108.20 use the same criteria for accepting on-line credits or courses 108.21 as it does for accepting credits or courses for transfer 108.22 students under section 124D.03, subdivision 9. 108.23 (d) The enrolled district may reduce a student's teacher 108.24 contact time in proportion to the number of on-line courses the 108.25 student takes from another district or charter school. 108.26 (e) The enrolled district may establish a maximum number of 108.27 on-line courses that a student may take within one school year. 108.28 The maximum number of courses under this paragraph may not be 108.29 less than ten courses for a single student within one school 108.30 year. A student may exceed this limit if a student has reached 108.31 an agreement with a serving district to pay for the course by 108.32 other means. 108.33 (f) The enrolled district must not adjust their average 108.34 daily membership for students taking on-line courses in other 108.35 school districts. 108.36 (g) The enrolled district must not count excess contact 109.1 time under section 126C.05, subdivision 5, for a student that is 109.2 attending a learning year program under section 124D.128 or an 109.3 area learning center under sections 123A.05 to 123A.09 and is 109.4 taking an on-line course in other school districts. 109.5 (h) The enrolled district may offer an on-line course to a 109.6 resident homeschooled student who is eligible for shared time 109.7 aid under section 126C.19 if an equivalent course is available 109.8 at the public school site. 109.9 (i) A district or charter school may provide instruction or 109.10 courses using on-line or other distance learning methods to 109.11 students enrolled in the district or charter school. Such 109.12 instruction or courses offered solely to enrolled students is 109.13 not subject to the reporting requirements to the department 109.14 under subdivision 4, paragraph (g), and the department review 109.15 criteria under subdivision 8. Instruction and courses offered 109.16 to enrolled students under this paragraph must be designed and 109.17 delivered by a teacher with a Minnesota license and not by a 109.18 parent or other surrogate not so licensed. The instruction may 109.19 assemble curriculum elements developed by persons other than a 109.20 teacher with a Minnesota license. 109.21 Subd. 4. [SERVING DISTRICT RESPONSIBILITY.] (a) The 109.22 instruction for on-line courses at a serving district must be 109.23 designed and delivered by a teacher with a Minnesota license and 109.24 not by a parent or other surrogate not so licensed. The 109.25 instruction may assemble curriculum elements developed by 109.26 persons other than a teacher with a Minnesota license. Unless a 109.27 waiver is granted by the commissioner of children, families, and 109.28 learning, the serving district must not exceed a ratio of 40 109.29 students for each instructor for each on-line course. 109.30 (b) The serving district must offer to students who show an 109.31 economic need technical assistance in acquiring computer 109.32 equipment and on-line access through the Minnesota education 109.33 credit under section 290.0674 so that students may access their 109.34 on-line course from home. 109.35 (c) The serving district may limit enrollment to their 109.36 on-line courses and may set up other prerequisite restrictions. 110.1 (d) The serving district may offer other supplemental 110.2 on-line courses that are not eligible for reimbursement under 110.3 this section. 110.4 (e) The serving district must not adjust their average 110.5 daily membership for students taking on-line courses at the 110.6 district. 110.7 (f) The serving district must be approved by the department 110.8 under subdivision 8 to offer on-line courses under this section. 110.9 (g) The serving district must file a copy of its on-line 110.10 coursework with the department. 110.11 Subd. 5. [ON-LINE COURSE REVENUE.] A student enrolled in 110.12 an on-line course shall generate average daily membership and 110.13 on-line course revenue according to this subdivision. 110.14 (a) A public school student who (1) was enrolled in a 110.15 Minnesota public school for the school year before the school 110.16 year in which the student first enrolled in an on-line course, 110.17 and (2) continues to be enrolled in a Minnesota public school, 110.18 shall generate average daily membership according to section 110.19 126C.05 for courses taken in a regular classroom and for on-line 110.20 courses. Students under this paragraph shall not generate 110.21 on-line course revenue or general education adjustments under 110.22 this subdivision for on-line courses taken from the enrolled 110.23 district. 110.24 (b) A public school student who (1) was not enrolled in a 110.25 Minnesota public school for the school year before the school 110.26 year in which the student first enrolled in an on-line course, 110.27 (2) enrolls in a Minnesota public school, and (3) enrolls in an 110.28 on-line course, shall generate average daily membership 110.29 according to section 126C.05 for courses taken in a regular 110.30 classroom setting and shall generate on-line course revenue for 110.31 the serving district according to paragraph (f). 110.32 (c) A private school student enrolled in an on-line course 110.33 shall generate on-line course revenue according to paragraph (f). 110.34 (d) A homeschooled student enrolled in an on-line course 110.35 offered by the student's district of residence under subdivision 110.36 3, paragraph (h), shall generate on-line course revenue 111.1 according to paragraph (f), and shall not generate shared time 111.2 aid under section 126C.19. 111.3 (e) For a student under paragraph (a) taking an on-line 111.4 course offered by a serving district other than the enrolled 111.5 district, the general education aid for the serving district 111.6 must be increased by the amount computed in this paragraph, and 111.7 the general education aid for the enrolled district must be 111.8 reduced by the same amount: 111.9 (1) for each quarter course successfully completed, the 111.10 general education aid adjustment equals the product of the 111.11 student grade level weighting under section 126C.05, subdivision 111.12 1, times the formula allowance, times .06; or 111.13 (2) for each semester course successfully completed, the 111.14 general education aid adjustment equals the product of the 111.15 student grade level weighting under section 126C.05, subdivision 111.16 1, times the formula allowance, times .09. 111.17 (f) For a student under paragraph (b), (c), or (d) who has 111.18 received a certificate of authorization under subdivision 7, the 111.19 on-line course revenue equals: 111.20 (1) for each quarter course successfully completed, an 111.21 amount equal to the product of the student grade level weighting 111.22 under section 126C.05, subdivision 1, times the formula 111.23 allowance, times .06; or 111.24 (2) for each semester course successfully completed, an 111.25 amount equal to the product of the student grade level weighting 111.26 under section 126C.05, subdivision 1, times the formula 111.27 allowance, times .09. 111.28 (g) No on-line course revenue or general education 111.29 adjustments shall be generated under this subdivision for 111.30 on-line courses that are not successfully completed. 111.31 Subd. 6. [DEPARTMENT PAYMENT PROCESS.] (a) The department 111.32 must pay the serving district the amount of on-line course 111.33 revenue and adjust the general education aid for the serving 111.34 district and the enrolled district as provided in subdivision 5 111.35 within 45 days upon notification from the serving district that 111.36 the student has successfully completed a course. The enrolled 112.1 district may challenge the validity of the course to the 112.2 department within the first 30 days of this period. 112.3 (b) The serving district may bill the enrolled district for 112.4 a greater amount than determined in subdivision 5 upon agreement 112.5 between the enrolled district and the serving district. 112.6 (c) Enrolled and serving districts shall not adjust their 112.7 average daily membership for aid paid or received under this 112.8 section. 112.9 (d) The department must not pay state aid to a serving 112.10 district or reduce state aid to an enrolled district if the 112.11 student has successfully completed or is currently enrolled in 112.12 more than ten courses in a single school year. 112.13 Subd. 7. [CERTIFICATES OF AUTHORIZATION FOR ON-LINE COURSE 112.14 REVENUE.] (a) In a form and manner determined by the 112.15 commissioner, the commissioner may issue certificates of 112.16 authorization to students enrolled in a Minnesota public school 112.17 under subdivision 5, paragraph (b), a Minnesota private school 112.18 under subdivision 5, paragraph (c), or a Minnesota home school 112.19 under subdivision 5, paragraph (d), in any of kindergarten 112.20 through grade 12 who are applying for an on-line course at a 112.21 serving school district. The certificate authorizes the student 112.22 to enroll in an on-line course and allows the serving school 112.23 district to seek a revenue reimbursement for the course. 112.24 (b) Each certificate of authorization is equal to the 112.25 amount calculated under subdivision 5, paragraph (f), based on 112.26 the student's grade level and whether the course is a quarter 112.27 course or a semester course. The commissioner shall limit the 112.28 number of certificates issued to the number that can be fully 112.29 funded within the appropriation for this program. 112.30 (c) In order to receive revenue under this subdivision, the 112.31 serving district must submit to the department for reimbursement 112.32 certificates issued under paragraph (a) for each course 112.33 successfully completed by a student. 112.34 (d) Nothing in this subdivision shall interfere with a 112.35 private school student's participation in the shared time 112.36 program under section 126C.19. 113.1 Subd. 8. [DEPARTMENT OF CHILDREN, FAMILIES, AND 113.2 LEARNING.] (a) The department must establish procedures for 113.3 reviewing and certifying serving districts that are offering 113.4 on-line courses that are rigorous, aligned with state graduation 113.5 standards, and are contributing to grade progression in a single 113.6 subject. The serving districts must demonstrate that on-line 113.7 courses have equivalent standards or instruction, curriculum 113.8 development, and assessment requirements as other courses 113.9 offered at the public school site. The serving district must 113.10 also demonstrate expectations for teacher contact time through 113.11 actual contact time or other student-to-teacher communication. 113.12 Once the district is approved under this paragraph, all of its 113.13 on-line course offerings shall be eligible for payment under 113.14 this section unless a course is successfully challenged by an 113.15 enrolled district or the department under paragraph (b). 113.16 (b) The department must review challenges from an enrolled 113.17 district on the validity of a course offered at a serving 113.18 district based on the procedures for certifying districts under 113.19 paragraph (a). The department may initiate its own review on 113.20 the validity of a course offered at a serving district. 113.21 (c) The department may collect a fee not to exceed $250 for 113.22 certifying serving districts or $50 per course for reviewing a 113.23 challenge from an enrolled district. 113.24 (d) The department must develop, publish, and maintain a 113.25 list of approved serving districts and on-line courses that have 113.26 been reviewed and certified by the department. 113.27 Sec. 21. Minnesota Statutes 2002, section 126C.19, is 113.28 amended by adding a subdivision to read: 113.29 Subd. 5. [ON-LINE COURSES.] For the purposes of shared 113.30 time average daily membership under section 126C.01, subdivision 113.31 6, a school district may consider completed on-line courses by 113.32 resident homeschooled students under section 125B.25, 113.33 subdivision 3, paragraph (h), as equivalent to taking a course 113.34 at a public school site if an equivalent course is available at 113.35 the school site. 113.36 Sec. 22. [EVALUATION; MINIMUM STUDENT CONTACT TIME FOR 114.1 ON-LINE COURSES.] 114.2 The office of education accountability at the University of 114.3 Minnesota must conduct a study on the amount of in-person 114.4 student contact time, if any, that should be considered a 114.5 minimum requirement for students taking on-line courses. The 114.6 office of education accountability must report its findings to 114.7 the legislature by February 1, 2004. 114.8 Sec. 23. [STATEWIDE ASSESSMENTS; ON-LINE LEARNING.] 114.9 The commissioner of children, families, and learning must 114.10 establish statewide testing recommendations aligned with state 114.11 and federal accountability requirements for students who are 114.12 enrolled in on-line courses. 114.13 Sec. 24. [BONDS; MOUNDS VIEW.] 114.14 Notwithstanding Minnesota Statutes, section 123B.59, 114.15 subdivision 3, independent school district No. 621, Mounds View, 114.16 may issue bonds according to Minnesota Statutes 2002, section 114.17 123B.59, subdivision 3, for projects approved by the 114.18 commissioner before February 1, 2003. 114.19 [EFFECTIVE DATE.] This section is effective the day 114.20 following final enactment. 114.21 Sec. 25. [DISABLED ACCESS LEVY AUTHORITY; SOUTHLAND.] 114.22 Notwithstanding the time limits in Minnesota Statutes, 114.23 section 123B.58, subdivision 3, independent school district No. 114.24 500, Southland, may levy up to $66,000 of its remaining disabled 114.25 access levy authority over five or fewer years. 114.26 [EFFECTIVE DATE.] This section is effective the day 114.27 following final enactment. 114.28 Sec. 26. [LEVY; ELGIN-MILLVILLE.] 114.29 Subdivision 1. [LEVY.] For taxes payable in 2004 only, 114.30 independent school district No. 806, Elgin-Millville, may levy 114.31 an amount up to $8,000 for handicapped access and fire safety 114.32 improvements to school buildings. 114.33 Subd. 2. [LEVY LIMITATION.] The sum of the levy in 114.34 subdivision 1 and other levies under Minnesota Statutes, section 114.35 123B.58, must not exceed $300,000. 114.36 [EFFECTIVE DATE.] This section is effective for revenue for 115.1 fiscal year 2005 and thereafter. 115.2 Sec. 27. [GARAGE LEASE LEVY; SARTELL.] 115.3 For taxes payable in 2004, 2005, and 2006, independent 115.4 school district No. 740, Sartell, may levy up to $107,000 each 115.5 year for the purpose of leasing a school bus storage facility. 115.6 The department of children, families, and learning shall include 115.7 this levy in the calculation of eligible building lease levy 115.8 under Minnesota Statutes, section 126C.40, subdivision 1. This 115.9 levy shall not allow the district to exceed the $100 per 115.10 resident marginal cost pupil unit cap in that section. The 115.11 district is eligible to make this levy only if it sells its 115.12 current school bus storage site to the city of Sartell and the 115.13 district may not use this levy as part of a lease purchase 115.14 agreement to replace its current school bus storage facility. 115.15 Sec. 28. [PROPERTY SALE; ST. FRANCIS SCHOOL DISTRICT.] 115.16 Notwithstanding Minnesota Statutes, section 123B.51, 115.17 subdivision 6, or any other law to the contrary, independent 115.18 school district No. 15, St. Francis, may deposit the proceeds 115.19 from the sale of land that was purchased with funds obtained 115.20 according to Laws 1992, chapter 558, section 7, subdivision 7, 115.21 in the district's general fund reserved for operating capital 115.22 account. The district may only use the proceeds of the sale for 115.23 projects designed to create or improve safe walking routes for 115.24 the students of independent school district No. 15, St. Francis. 115.25 [EFFECTIVE DATE.] This section is effective the day 115.26 following final enactment. 115.27 Sec. 29. [FUND TRANSFERS.] 115.28 Subdivision 1. [CHISHOLM.] Notwithstanding Minnesota 115.29 Statutes, section 123B.79 or 123B.80, on June 30, 2003, 115.30 independent school district No. 695, Chisholm, may permanently 115.31 transfer up to $500,000 from its reserved operating capital 115.32 account in its general fund to the undesignated general fund 115.33 balance. 115.34 Subd. 2. [SWANVILLE.] Notwithstanding Minnesota Statutes, 115.35 sections 123B.79, 123B.80, and 475.61, subdivision 4, 115.36 independent school district No. 486, Swanville, on June 30, 116.1 2003, may permanently transfer up to $61,000 from its debt 116.2 redemption fund to its capital account in its general fund 116.3 without making an aid or levy reduction. 116.4 Subd. 3. [WESTONKA.] Notwithstanding Minnesota Statutes, 116.5 sections 123B.79, 123B.80, and 475.61, subdivision 4, 116.6 independent school district No. 277, Westonka, on June 30, 2003, 116.7 may permanently transfer the lesser of $170,000 or the actual 116.8 fund balance from its debt redemption fund to its general fund 116.9 without making a levy reduction. 116.10 [EFFECTIVE DATE.] This section is effective the day 116.11 following final enactment. 116.12 Sec. 30. [HEALTH AND SAFETY EXCEPTION, ULEN-HITTERDAL.] 116.13 Notwithstanding Minnesota Statutes, section 123B.57, 116.14 independent school district No. 914, Ulen-Hitterdal, may submit 116.15 to the commissioner of children, families, and learning an 116.16 application that the demolition of a portion of the Ulen high 116.17 school building be included in its health and safety revenue for 116.18 fiscal year 2005. The department of children, families, and 116.19 learning shall consider the district's application for health 116.20 and safety revenue based on the eligibility criteria under 116.21 Minnesota Statutes 2002, section 123B.57. 116.22 [EFFECTIVE DATE.] This section is effective the day 116.23 following final enactment. 116.24 Sec. 31. [APPROPRIATIONS.] 116.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 116.26 LEARNING.] The sums indicated in this section are appropriated 116.27 from the general fund to the department of children, families, 116.28 and learning for the fiscal years designated. 116.29 Subd. 2. [HEALTH AND SAFETY REVENUE.] For health and 116.30 safety aid under Minnesota Statutes, section 123B.57, 116.31 subdivision 5: 116.32 $7,839,000 ..... 2004 116.33 $5,901,000 ..... 2005 116.34 The 2004 appropriation includes $1,516,000 for 2003 and 116.35 $6,323,000 for 2004. 116.36 The 2005 appropriation includes $1,580,000 for 2004 and 117.1 $4,321,000 for 2005. 117.2 Subd. 3. [DEBT SERVICE EQUALIZATION.] For debt service aid 117.3 under Minnesota Statutes, section 123B.53, subdivision 6: 117.4 $35,598,000 ..... 2004 117.5 $37,834,000 ..... 2005 117.6 The 2004 appropriation includes $5,586,000 for 2003 and 117.7 $30,012,000 for 2004. 117.8 The 2005 appropriation includes $7,503,000 for 2004 and 117.9 $30,331,000 for 2005. 117.10 Subd. 4. [ALTERNATIVE FACILITIES BONDING AID.] For 117.11 alternative facilities bonding aid under Minnesota Statutes, 117.12 section 123B.59, subdivision 1: 117.13 $18,708,000 ..... 2004 117.14 $19,287,000 ..... 2005 117.15 The 2004 appropriation includes $3,278,000 for 2003 and 117.16 $15,430,000 for 2004. 117.17 The 2005 appropriation includes $3,857,000 for 2004 and 117.18 $15,430,000 for 2005. 117.19 Subd. 5. [PRINCIPLED PAY PRACTICES AID.] For principled 117.20 pay practices aid under Minnesota Statutes, section 122A.4142: 117.21 $ 3,700,000 ..... 2004 117.22 $42,300,000 ..... 2005 117.23 The 2004 appropriation is for districts receiving 117.24 alternative teacher compensation aid in 2003. 117.25 If the appropriation is insufficient to pay the aid amount 117.26 to all qualifying districts, the commissioner must prorate the 117.27 aid among the districts participating in the principled pay 117.28 practices program. 117.29 The base amount for this program shall be $29,500,000 in 117.30 each fiscal year 2006 and 2007. 117.31 Subd. 6. [ON-LINE COURSE REVENUE.] (a) For on-line course 117.32 revenue under Minnesota Statutes, section 125B.25, subdivision 7: 117.33 $1,080,000 ..... 2004 117.34 $1,100,000 ..... 2005 117.35 (b) $1,000,000 each year is for on-line learning revenue 117.36 for certificates of authorization issued by the commissioner 118.1 under Minnesota Statutes, section 125B.25. The remaining amount 118.2 is for additional general education aid due to additional 118.3 average daily membership generated by students enrolling in 118.4 on-line courses. 118.5 (c) Notwithstanding Minnesota Statutes, section 125B.25, 118.6 subdivisions 6 and 7, the commissioner shall issue certificates 118.7 of authorization in fiscal year 2004 and later for students who 118.8 were enrolled in an on-line program in independent school 118.9 district No. 294, Houston, during the 2002-2003 school year and 118.10 are enrolled in an on-line program at the district for the 118.11 2003-2004 school year. 118.12 Sec. 32. [REPEALER.] 118.13 Minnesota Statutes 2002, sections 122A.414 and 122A.415, 118.14 are repealed. 118.15 [EFFECTIVE DATE.] This section is effective for fiscal year 118.16 2005 and thereafter. 118.17 ARTICLE 5 118.18 NUTRITION PROGRAMS 118.19 Section 1. [APPROPRIATIONS.] 118.20 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 118.21 LEARNING.] The sums indicated in this section are appropriated 118.22 from the general fund to the department of children, families, 118.23 and learning for the fiscal years designated. 118.24 Subd. 2. [SCHOOL LUNCH.] (a) For school lunch aid 118.25 according to Minnesota Statutes, section 124D.111, and Code of 118.26 Federal Regulations, title 7, section 210.17: 118.27 $8,600,000 ..... 2004 118.28 $8,750,000 ..... 2005 118.29 Subd. 3. [SCHOOL BREAKFAST.] For school breakfast aid 118.30 under Minnesota Statutes, section 124D.115: 118.31 $820,000 ..... 2004 118.32 $870,000 ..... 2005 118.33 Subd. 4. [FAST BREAK TO LEARNING BREAKFAST.] For fast 118.34 break to learning breakfast under Minnesota Statutes, section 118.35 124D.1156: 118.36 $5,635,000 ..... 2004 119.1 $5,435,000 ..... 2005 119.2 The 2004 appropriation includes $747,000 for 2003 and 119.3 $4,888,000 for 2004. 119.4 The 2005 appropriation includes $0 for 2004 and $5,435,000 119.5 for 2005. 119.6 Subd. 5. [SUMMER SCHOOL SERVICE REPLACEMENT AID.] For 119.7 summer food service replacement aid under Minnesota Statutes, 119.8 section 124D.119: 119.9 $150,000 ..... 2004 119.10 $150,000 ..... 2005 119.11 ARTICLE 6 119.12 LIBRARIES 119.13 Section 1. Minnesota Statutes 2002, section 134.001, is 119.14 amended by adding a subdivision to read: 119.15 Subd. 9. [BOARD.] "Board" means the Minnesota state 119.16 library board. 119.17 [EFFECTIVE DATE.] This section is effective October 1, 2003. 119.18 Sec. 2. [134.085] [MINNESOTA STATE LIBRARY BOARD.] 119.19 Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] The Minnesota 119.20 state library board is established and shall consist of 11 119.21 members to be appointed by the governor with the advice and 119.22 consent of the senate. One member shall be appointed from each 119.23 of the congressional districts and the remaining members shall 119.24 be appointed at large. Persons appointed to the board shall 119.25 have demonstrated experience or interest in library service. No 119.26 more than four of the members shall during their terms of office 119.27 be employed in school media, library, or information services. 119.28 The board members shall annually select from their membership a 119.29 chair and other officers as they deem necessary. 119.30 Subd. 2. [TERMS; COMPENSATION; REMOVAL; VACANCIES.] (a) 119.31 The membership terms, compensation, removal of members, and 119.32 filling of vacancies shall be as provided in section 15.0575, 119.33 except for the initial members whose terms shall be as provided 119.34 in paragraph (b). 119.35 (b) Three of the initial board members, including one 119.36 at-large board member, shall be appointed, by lot, to terms that 120.1 expire the first Monday in January in each of the years 2004, 120.2 2006, and 2007. The remaining two members shall be appointed, 120.3 by lot, to terms that expire the first Monday in January 2005. 120.4 Subd. 3. [MEETINGS.] The board must meet regularly at the 120.5 times and places as determined by the board. Meetings must be 120.6 called by the chair or at the written request of any eight 120.7 members. 120.8 Subd. 4. [STATE LIBRARIAN; STAFF.] A state librarian shall 120.9 be selected by a majority of the board and shall serve at the 120.10 pleasure of the board. The state librarian must hold an 120.11 American Library Association accredited master of library 120.12 science degree. The state librarian shall serve as the state 120.13 agent to apply for, receive, and disburse federal funds made 120.14 available to the state in furtherance of libraries. The state 120.15 librarian is the chief administrative officer of the board and 120.16 is responsible for performing the executive duties of the board 120.17 as provided in this section. The state librarian shall not be a 120.18 member of the board. All other employees of the board are 120.19 selected by the state librarian and shall be in the classified 120.20 civil service of the state. 120.21 Subd. 5. [POWERS AND DUTIES.] The board has the powers and 120.22 duties necessary to: 120.23 (1) be the leading voice and advocate for public, 120.24 kindergarten through grade 12 school, academic, government, and 120.25 special libraries in the state; 120.26 (2) advise the governor, the legislature, state, regional 120.27 and local agencies, school boards, and other elected officials 120.28 on library-related issues; 120.29 (3) prepare statewide plans for library and information 120.30 services, coordinated with regional plans, that identify and 120.31 address trends in library and information services, including, 120.32 but not limited to, use of technology; 120.33 (4) facilitate partnerships between libraries and other 120.34 state agencies that result in statewide and regional initiatives 120.35 and programs, such as MnLINK and MINITEX; 120.36 (5) work cooperatively with all state agencies and library 121.1 organizations and agencies, such as the Minnesota library 121.2 association, Minnesota educational media organization, Minnesota 121.3 education telecommunications council, higher education services 121.4 office, and capitol area library consortium; 121.5 (6) support the provision of library service for every 121.6 citizen; 121.7 (7) give advice, instruction, and technical assistance 121.8 pertaining to the organization, maintenance, or administration 121.9 of libraries to the board, managers, and staff of any regional 121.10 public or multitype system, public library, school library media 121.11 center, postsecondary educational institution library, state 121.12 agency library, or any governmental unit, nonprofit 121.13 organization, or private entity maintaining a library; 121.14 (8) administer all state funding for regional public and 121.15 multitype library systems; 121.16 (9) assist, to the extent possible, in the establishment 121.17 and organization of library service in areas where none exists 121.18 and aid in improving previously established libraries; 121.19 (10) collect statistics on the receipts, expenditures, 121.20 services, and use of the regional library systems, the public 121.21 libraries of the state, and any library receiving state or 121.22 federal grant funds, including, but not limited to, statistics 121.23 on all activities under sections 134.31 to 134.35; and 121.24 (11) operate the Minnesota library for the blind and 121.25 physically handicapped. 121.26 [EFFECTIVE DATE.] This section is effective October 1, 2003. 121.27 Sec. 3. Minnesota Statutes 2002, section 134.22, is 121.28 amended to read: 121.29 134.22 [COMPACT ADMINISTRATOR.] 121.30 Thecommissioner of children, families, and learningboard 121.31 shall designate an officer or employee of thedepartment of121.32children, families, and learningboard as compact 121.33 administrator. The compact administrator shall receive copies 121.34 of all agreements entered into by the state or its political 121.35 subdivisions and other states or political subdivisions; consult 121.36 with, advise, and aidsuchgovernmental units in the formulation 122.1 ofsuchagreements; makesuchrecommendations to the governor, 122.2 legislature, and governmental agencies and units as the 122.3 administrator deems desirable to effectuate the purposes of this 122.4 compact; and consult and cooperate with the compact 122.5 administrators of other party states. 122.6 [EFFECTIVE DATE.] This section is effective October 1, 2003. 122.7 Sec. 4. Minnesota Statutes 2002, section 134.32, is 122.8 amended to read: 122.9 134.32 [GRANT AUTHORIZATION; TYPES OF GRANTS.] 122.10 Subdivision 1. [PROVISION OF GRANTS.] Thedepartmentboard 122.11 shall provide the grants specified in this section from any 122.12 available state, federal, or other funds. 122.13 Subd. 3. [REGIONAL LIBRARY BASIC SYSTEM SUPPORT GRANTS.] 122.14ItThe board shall provide regional library basic system support 122.15 grants to regional public library systems which meet the 122.16 requirements of section 134.34, to assist those systems in 122.17 providing basic system services. 122.18 Subd. 4. [SPECIAL PROJECT GRANTS.]ItThe board may 122.19 provide special project grants to assist innovative and 122.20 experimental library programs including, but not limited to, 122.21 special services for American Indians andthe122.22Spanish-speakingpeople who do not speak English, delivery of 122.23 library materials to homebound persons, other extensions of 122.24 library services to persons without access to libraries and 122.25 projects to strengthen and improve library services. 122.26 Subd. 5. [INTERLIBRARY EXCHANGE GRANTS.]ItThe board may 122.27 provide grants for interlibrary exchange of books, periodicals, 122.28 resource material, reference information and the expenses 122.29 incident to the sharing of library resources and materials, 122.30 including planning, development and operating grants to 122.31 multicounty, multitype library systems. 122.32 Subd. 6. [LIBRARY SERVICE GRANTS.]ItThe board may 122.33 provide grants for the improvement of library services at 122.34 welfare and corrections institutions and for library service for 122.35 the blind and physically handicapped. 122.36 Subd. 7. [CONSTRUCTION OR REMODELING GRANTS.]ItThe board 123.1 may provide grants for construction or remodeling of library 123.2 facilities from any state and federal funds specifically 123.3 appropriated for this purpose. 123.4 Subd. 8. [RULEMAKING.](a)Thecommissionerboard 123.5 shallpromulgateadopt rules consistent with sections 134.32 to 123.6 134.35 governing: 123.7 (1) applications forthesegrants under this section; and 123.8 (2)computation formulas for determining the amounts of123.9establishment grants and regional library basic system support123.10grants; and123.11(3)eligibility criteria for grants. 123.12(b) To the extent allowed under federal law, a construction123.13grant applicant, in addition to the points received under123.14Minnesota Rules, part 3530.2632, shall receive an additional123.15five points if the construction grant is for a project combining123.16public library services and school district library services at123.17a single location.123.18 [EFFECTIVE DATE.] This section is effective October 1, 2003. 123.19 Sec. 5. [TRANSFER.] 123.20 Subdivision 1. [POWERS AND DUTIES.] On October 1, 2003, 123.21 the powers, duties, and responsibilities of the department of 123.22 children, families, and learning with respect to public 123.23 libraries as defined in Minnesota Statutes, section 134.001, 123.24 subdivision 2, but notwithstanding Minnesota Statutes, section 123.25 134.001, subdivision 2, including the Minnesota library for the 123.26 blind and physically handicapped, and public library services as 123.27 defined in Minnesota Statutes, section 134.001, subdivision 3, 123.28 and notwithstanding Minnesota Statutes, section 134.001, 123.29 subdivision 2, including the Minnesota library for the blind and 123.30 physically handicapped, and library development, are transferred 123.31 to the Minnesota state library board under Minnesota Statutes, 123.32 section 15.039, subdivisions 1 to 6. 123.33 Subd. 2. [SUPPLIES AND EQUIPMENT.] All supplies, 123.34 equipment, files, and materials used by the department of 123.35 children, families, and learning to carry out its powers, 123.36 duties, and responsibilities in respect to public libraries, 124.1 services, development, and the Minnesota library for the blind 124.2 and physically handicapped, are transferred to the board. 124.3 Subd. 3. [POSITIONS AND PERSONNEL.] Positions in the 124.4 department of children, families, and learning with respect to 124.5 libraries under this section are transferred under Minnesota 124.6 Statutes, section 15.039, subdivision 7, except that the board 124.7 shall determine the incumbents to be transferred. 124.8 [EFFECTIVE DATE.] This section is effective the day 124.9 following final enactment. 124.10 Sec. 6. [TRANSITION.] 124.11 By October 1, the department of children, families, and 124.12 learning shall facilitate the transition of its powers, duties, 124.13 and responsibilities in respect to libraries under section 5 as 124.14 follows: 124.15 (1) initiate the state board appointment process in 124.16 consultation with the governor and set the date and place for 124.17 the first meeting of the Minnesota state library board; 124.18 (2) provide assistance as requested by the Minnesota state 124.19 library board to recruit the state librarian and Minnesota state 124.20 library board staff; 124.21 (3) continue administering any powers, duties, and 124.22 responsibilities in respect to libraries until the transfer to 124.23 the Minnesota state library board is complete; and 124.24 (4) provide other assistance as requested by the governor 124.25 and Minnesota state library board. 124.26 [EFFECTIVE DATE.] This section is effective the day 124.27 following final enactment. 124.28 Sec. 7. [APPROPRIATIONS.] 124.29 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 124.30 LEARNING.] The sums indicated in this section are appropriated 124.31 from the general fund to the department of children, families, 124.32 and learning for the fiscal years designated. 124.33 Subd. 2. [BASIC SUPPORT.] For basic support grants 124.34 according to Minnesota Statutes, sections 134.32 to 134.35: 124.35 $9,272,000 ..... 2004 124.36 $9,770,000 ..... 2005 125.1 The 2004 appropriation includes $1,456,000 for 2003 and 125.2 $7,816,000 for 2004. 125.3 The 2005 appropriation includes $1,954,000 for 2004 and 125.4 $7,816,000 for 2005. 125.5 Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 125.6 grants according to Minnesota Statutes, sections 134.353 and 125.7 134.354, to multicounty, multitype library systems: 125.8 $876,000 ..... 2004 125.9 $903,000 ..... 2005 125.10 The 2004 appropriation includes $153,000 for 2003 and 125.11 $723,000 for 2004. 125.12 The 2005 appropriation includes $180,000 for 2004 and 125.13 $723,000 for 2005. 125.14 Subd. 4. [ELECTRONIC LIBRARY FOR MINNESOTA.] For statewide 125.15 licenses to on-line databases selected in cooperation with the 125.16 higher education services office for school media centers, 125.17 public libraries, state government agency libraries, and public 125.18 or private college or university libraries: 125.19 $400,000 ..... 2004 125.20 $400,000 ..... 2005 125.21 Any balance in the first year does not cancel but is 125.22 available in the second year. 125.23 Sec. 8. [REVISOR INSTRUCTION.] 125.24 In the next edition of Minnesota Statutes and Minnesota 125.25 Rules, the revisor shall make the following terminology changes: 125.26 (1) all library references involving the commissioner of 125.27 children, families, and learning or department of children, 125.28 families, and learning shall be rewritten to give all relevant 125.29 responsibilities or authorities to the Minnesota state library 125.30 board or state librarian; and 125.31 (2) all references to library programs being transferred 125.32 from the department of children, families, and learning to 125.33 reflect that those programs are under the jurisdiction of the 125.34 Minnesota state library board. 125.35 [EFFECTIVE DATE.] This section is effective October 1, 2003. 125.36 ARTICLE 7 126.1 FAMILY AND EARLY CHILDHOOD EDUCATION 126.2 Section 1. Minnesota Statutes 2002, section 119A.52, is 126.3 amended to read: 126.4 119A.52 [DISTRIBUTION OF APPROPRIATION.] 126.5(a)The commissionerof children, families, and learning126.6 must distribute money appropriated for that purpose to Head 126.7 Start program grantees to expand services and to serve 126.8 additional low-income children, age birth to five, and pregnant 126.9 women. Money must be allocated to eachprojectfederally 126.10 designated Head Start grantee in existence on the effective date 126.11 of Laws 1989, chapter 282. Migrant and Indian reservation 126.12 grantees must be initially allocated money based on the 126.13 grantees' share of federal funds. The remaining money must be 126.14 initially allocated to the remaining local agencies based 126.15 equally on the agencies' share of federal funds and on the 126.16 proportion of eligible children in the agencies' service area 126.17 who are not currently being served.A Head Start grantee must126.18be funded at a per child rate equal to its contracted, federally126.19funded base level for program accounts 20, 22, and 25 at the126.20start of the fiscal year.In allocating funds under this 126.21 paragraph, the commissionerof children, families, and learning126.22 must assure that each Head Start grantee is allocated no less 126.23 funding in any fiscal year than was allocated to that grantee in 126.24 fiscal year19932002.The commissioner may provide additional126.25funding to grantees for start-up costs incurred by grantees due126.26to the increased number of children to be served.Before paying 126.27 money to the grantees, the commissioner must notify each grantee 126.28 of its initial allocation,and how the money must be used, and126.29the number of low-income children that must be served with the126.30allocation. Each grantee mustnotify thepresent a work plan to 126.31 the commissioneroffor approval. The work plan must include 126.32 the estimated number of low-income children and families it will 126.33 be able to serve, a description of the program design, and a 126.34 plan for coordinating services to maximize assistance for child 126.35 care costs available to families under chapter 119B. Grantees 126.36 may use up to ten percent of the funds appropriated annually for 127.1 innovative initiatives designed either to target Head Start 127.2 resources to particular at-risk groups of children or to provide 127.3 services in addition to those currently allowable under federal 127.4 Head Start regulations. For any grantee that cannot utilize its 127.5 full allocation, the commissioner must reduce the allocation 127.6 proportionately. Money available after the initial allocations 127.7 are reduced must be redistributed to eligible grantees. 127.8(b) Up to 11 percent of the funds appropriated annually may127.9be used to provide grants to local Head Start agencies to127.10provide funds for innovative programs designed either to target127.11Head Start resources to particular at-risk groups of children or127.12to provide services in addition to those currently allowable127.13under federal Head Start regulations. The commissioner must127.14award funds for innovative programs under this paragraph on a127.15competitive basis.127.16 Sec. 2. Minnesota Statutes 2002, section 119A.53, is 127.17 amended to read: 127.18 119A.53 [FEDERAL REQUIREMENTS.] 127.19 Grantees and the commissionerof children, families, and127.20learningshall comply with federal regulations governing the 127.21 federal Head Start program, except forinnovative programs127.22funded under section 119A.52, paragraph (b)funding for 127.23 innovative initiatives under section 119A.52, which may be used 127.24 to operate differently than federal Head Start regulations, and127.25except that when. If a state statute orregulationrule 127.26 conflicts with a federal statute or regulation, the state 127.27 statute orregulationrule prevails. 127.28 Sec. 3. Minnesota Statutes 2002, section 121A.21, is 127.29 amended to read: 127.30 121A.21 [SCHOOL HEALTH SERVICES.] 127.31 (a) Every school board must provide services to promote the 127.32 health of its pupils. 127.33 (b) The board of a district with 1,000 pupils or more in 127.34 average daily membership in early childhood family education, 127.35 preschool handicapped, elementary, and secondary programs must 127.36 comply with the requirements of this paragraph. It may use one 128.1 or a combination of the following methods: 128.2 (1) employ personnel, including at least one full-time 128.3 equivalent licensed school nurseor continue to employ a128.4registered nurse not yet certified as a public health nurse as128.5defined in section 145A.02, subdivision 18, who is enrolled in a128.6program that would lead to certification within four years of128.7August 1, 1988; 128.8 (2) contract with a public or private health organization 128.9 or another public agency for personnel during the regular school 128.10 year, determined appropriate by the board, who are currently 128.11 licensed under chapter 148 and who are certified public health 128.12 nurses; or 128.13 (3) enter into another arrangement approved by the 128.14 commissioner. 128.15 Sec. 4. Minnesota Statutes 2002, section 124D.13, 128.16 subdivision 4, is amended to read: 128.17 Subd. 4. [HOME VISITING PROGRAM.](a) The commissionerA 128.18 district that levies for home visiting under section 124D.135, 128.19 subdivision 6, shall use this revenue to include as part of the 128.20 early childhood family education programs a parent education 128.21 componentto prevent child abuse and neglect. This parent128.22education component must include:128.23(1) expanding statewide the home visiting component of the128.24early childhood family education programs;128.25(2) training parent educators, child educators, community128.26outreach workers, and home visitors in the dynamics of child128.27abuse and neglect and positive parenting and discipline128.28practices; and128.29(3) developing and disseminating education and public128.30information materials that promote positive parenting skills and128.31prevent child abuse and neglect.128.32(b) The parent education component must:128.33(1) offer to isolated or at-risk families home visiting128.34parent education services that at least address parenting128.35skills, a child's development and stages of growth,128.36communication skills, managing stress, problem-solving skills,129.1positive child discipline practices, methods of improving129.2parent-child interactions and enhancing self-esteem, using129.3community support services and other resources, and encouraging129.4parents to have fun with and enjoy their children;129.5(2) develop athat is designed to reach isolated or at-risk 129.6 families. 129.7 The home visiting program must: 129.8 (1) use an established risk assessment tool to determine 129.9 the family's level of risk; 129.10(3)(2) establish clear objectives and protocols for home 129.11 visits; 129.12(4) determine the frequency and duration of home visits129.13based on a risk-need assessment of the client, with home visits129.14beginning in the second trimester of pregnancy and continuing,129.15based on client need, until a child is six years old;129.16(5)(3) encourage families to make a transition from home 129.17 visits to site-based parenting programsto build a family129.18support network and reduce the effects of isolation; 129.19(6) develop and distribute education materials on129.20preventing child abuse and neglect that may be used in home129.21visiting programs and parent education classes and distributed129.22to the public;129.23(7) initially provide at least 40 hours of training and129.24thereafter ongoing training for parent educators, child129.25educators, community outreach workers, and home visitors that129.26covers the dynamics of child abuse and neglect, domestic129.27violence and victimization within family systems, signs of abuse129.28or other indications that a child may be at risk of being abused129.29or neglected, what child abuse and neglect are, how to properly129.30report cases of child abuse and neglect, respect for cultural129.31preferences in child rearing, what community resources, social129.32service agencies, and family support activities and programs are129.33available, child development and growth, parenting skills,129.34positive child discipline practices, identifying stress factors129.35and techniques for reducing stress, home visiting techniques,129.36and risk assessment measures;130.1(8)(4) provide program services that are community-based, 130.2 accessible, and culturally relevant; and 130.3(9)(5) foster collaboration among existing agencies and 130.4 community-based organizations that serve young children and 130.5 their families. 130.6(c)Home visitors should reflect the demographic 130.7 composition of the communitythe home visitor is servingto the 130.8 extent possible. 130.9 Sec. 5. Minnesota Statutes 2002, section 124D.13, 130.10 subdivision 8, is amended to read: 130.11 Subd. 8. [COORDINATION.] (a) A districtis encouraged to130.12coordinate the program with its special education and vocational130.13education programs and with related services provided by other130.14governmental agencies and nonprofit agenciesmust describe 130.15 strategies to coordinate and maximize public and private 130.16 community resources and reduce duplication of services. 130.17 (b) A district is encouraged to coordinate adult basic 130.18 education programs provided to parents and early childhood 130.19 family education programs provided to children to accomplish the 130.20 goals of section 124D.895. 130.21 Sec. 6. Minnesota Statutes 2002, section 124D.135, 130.22 subdivision 8, is amended to read: 130.23 Subd. 8. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 130.24 the average balance, during the most recent three-year period in 130.25 a district's early childhood family education reserve account on 130.26 June 30 of each year, adjusted for any prior reductions under 130.27 this subdivision, must not be greater than 25 percent of the sum 130.28 of the district's maximum early childhood family education 130.29 annual revenue under subdivision 1, excluding adjustments under 130.30 this subdivision, plus any fees, grants, or other revenue 130.31 received by the district for early childhood family education 130.32 programs for the prior year. 130.33 (b) If a district's adjusted average early childhood family 130.34 education reserve over the three-year period is in excess of25130.35percent of the prior year annual revenuethe limit under 130.36 paragraph (a), the district's early childhood family education 131.1 state aid and levy authority for the current school year must be 131.2 reduced by the lesser of the current year revenue under 131.3 subdivision 1 or the excess reserve amount. The aid reduction 131.4 equals the product of the lesser of the excess reserve amount or 131.5 the current year revenue under subdivision 1 times the ratio of 131.6 the district's aid for thepriorcurrent year under subdivision 131.7 4 to the district's revenue for thepriorcurrent year under 131.8 subdivision 1. The levy reduction equals the excess reserve 131.9 amount minus the aid reduction.The commissioner must131.10reallocate aid and levy reduced under this subdivision to other131.11eligible early childhood family education programs in proportion131.12to each district's revenue for the prior year under subdivision131.131.For purposes of this paragraph, if a district does not levy 131.14 the entire amount permitted under subdivision 3, the revenue 131.15 under subdivision 1 must be reduced in proportion to the actual 131.16 amount levied. 131.17(b)(c) Notwithstanding paragraph (a), for fiscal year 131.18 2003, the excess reserve amount shall be computed using the 131.19 balance in a district's early childhood family education reserve 131.20 account on June 30, 2002. For fiscal year 2004, the excess 131.21 reserve amount shall be computed using the adjusted average 131.22 balance in a district's early childhood family education reserve 131.23 account on June 30, 2002, and June 30, 2003. 131.24 [EFFECTIVE DATE.] This section is effective for revenue for 131.25 fiscal year 2003. 131.26 Sec. 7. Minnesota Statutes 2002, section 124D.15, 131.27 subdivision 7, is amended to read: 131.28 Subd. 7. [ADVISORY COUNCIL.] Each school readiness program 131.29 must have an advisory council composed of members of existing 131.30 early education-related boards, parents of participating 131.31 children, child care providers, culturally specific service 131.32 organizations, local resource and referral agencies, local early 131.33 intervention committees, and representatives of early childhood 131.34 service providers. The council must advise the board in 131.35 creating and administering the program and must monitor the 131.36 progress of the program. The council must ensure that children 132.1 at greatest risk receive appropriate services. If the board is 132.2 unable to appoint to the advisory council members of existing 132.3 early education-related boards, it must appoint parents of 132.4 children enrolled in the program who represent the racial, 132.5 cultural, and economic diversity of the district and 132.6 representatives of early childhood service providers as 132.7 representatives to an existing advisory council. 132.8 Sec. 8. Minnesota Statutes 2002, section 124D.16, 132.9 subdivision 1, is amended to read: 132.10 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] A school 132.11 district shall biennially by May 1 submit to the commissioners 132.12 of children, families, and learning and health the program plan 132.13 required under this subdivision. As determined by the 132.14 commissioners, one-half of the districts shall first submit the 132.15 plan by May 1 of the 2000-2001 school year and one-half of the 132.16 districts shall first submit the plan by May 1 of the 2001-2002 132.17 school year. The program plan must include: 132.18 (1) a description of the services to be provided; 132.19 (2) a plan to ensure children at greatest risk receive 132.20 appropriate services; 132.21 (3) a description ofprocedures and methods to be used132.22 strategies to coordinate and maximize public and private 132.23 community resourcesto maximize use of existing community132.24resources, including school districts, health care facilities, 132.25 government agencies, neighborhood organizations, and other 132.26 resources knowledgeable in early childhood development, to 132.27 coordinate school readiness with existing community-based 132.28 programs and service providers to foster collaboration among 132.29 agencies and other community-based programs that provide 132.30 flexible, family-focused services to families with young 132.31 children, and to facilitate the transition to kindergarten. 132.32 These existing programs and providers include child care 132.33 programs, child care resource and referral programs, early 132.34 childhood family education, Head Start, local interagency early 132.35 intervention committees, special education services, early 132.36 childhood screening, and other education services and programs 133.1 to the extent possible. The district must describe a method to 133.2 share information, responsibility, and accountability among 133.3 service and program providers; 133.4 (4) comments about the district's proposed program by the 133.5 advisory council required by section 124D.15, subdivision 7; and 133.6 (5) agreements with all participating service providers. 133.7 Each commissioner may review and comment on the program, 133.8 and make recommendations to the commissioner of children, 133.9 families, and learning, within3090 days of receiving the plan. 133.10 Sec. 9. Minnesota Statutes 2002, section 124D.16, 133.11 subdivision 6, is amended to read: 133.12 Subd. 6. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 133.13 the average balance, during the most recent three-year period, 133.14 in a district's school readiness reserve account on June 30 of 133.15 each year, adjusted for any prior reductions under this 133.16 subdivision, must not be greater than 25 percent of the 133.17 district's school readiness annual revenue for the prior year, 133.18 excluding adjustments under this subdivision. 133.19 (b) If a district's adjusted average school readiness 133.20 reserve over the three-year period is in excess of25 percent of133.21the prior year annual revenuethe limit under paragraph (a), the 133.22 district's current year school readiness state aid must be 133.23 reduced by the lesser of the excess reserve amount or the 133.24 current year aid.The commissioner must reallocate aid reduced133.25under this subdivision to other eligible school readiness133.26programs in proportion to each district's aid for the prior year133.27under subdivision 2.133.28(b)(c) Notwithstanding paragraph (a), for fiscal year 133.29 2003, the excess reserve amount shall be computed using the 133.30 balance in a district's school readiness reserve account on June 133.31 30, 2002. For fiscal year 2004, the excess reserve amount shall 133.32 be computed using the adjusted average balance in a district's 133.33 school readiness reserve account on June 30, 2002, and June 30, 133.34 2003. 133.35 [EFFECTIVE DATE.] This section is effective for revenue for 133.36 fiscal year 2003. 134.1 Sec. 10. Minnesota Statutes 2002, section 125A.023, 134.2 subdivision 3, is amended to read: 134.3 Subd. 3. [DEFINITIONS.] For purposes of this section and 134.4 section 125A.027, the following terms have the meanings given 134.5 them: 134.6 (a) "Health plan" means: 134.7 (1) a health plan under section 62Q.01, subdivision 3; 134.8 (2) a county-based purchasing plan under section 256B.692; 134.9 (3) a self-insured health plan established by a local 134.10 government under section 471.617; or 134.11 (4) self-insured health coverage provided by the state to 134.12 its employees or retirees. 134.13 (b) For purposes of this section, "health plan company" 134.14 means an entity that issues a health plan as defined in 134.15 paragraph (a). 134.16 (c) "Individual interagency intervention plan" means a 134.17 standardized written plan describing those programs or services 134.18 and the accompanying funding sources available to eligible 134.19 children with disabilities. 134.20 (d) "Interagency intervention service system" means a 134.21 system that coordinates services and programs required in state 134.22 and federal law to meet the needs of eligible children with 134.23 disabilities ages three to 21, including: 134.24 (1) services provided under the following programs or 134.25 initiatives administered by state or local agencies: 134.26 (i) the maternal and child health program under title V of 134.27 the Social Security Act, United States Code, title 42, sections 134.28 701 to 709; 134.29 (ii) the Individuals with Disabilities Education Act under 134.30 United States Code, title 20, chapter 33, subchapter II, 134.31 sections 1411 to 1420; 134.32 (iii) medical assistance under the Social Security Act, 134.33 United States Code, title 42, chapter 7, subchapter XIX, section 134.34 1396, et seq.; 134.35 (iv) the Developmental Disabilities Assistance and Bill of 134.36 Rights Act, United States Code, title 42, chapter 75, subchapter 135.1 II, sections 6021 to 6030, Part B; 135.2 (v) the Head Start Act, United States Code, title 42, 135.3 chapter 105, subchapter II, sections 9831 to 9852; 135.4 (vi) rehabilitation services provided under chapter 268A; 135.5 (vii) Juvenile Court Act services provided under sections 135.6 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to 135.7 260C.451; 135.8 (viii) the children's mental health collaboratives under 135.9 section 245.493; 135.10 (ix) the family service collaboratives under section 135.11 124D.23; 135.12 (x) the family community support plan under section 135.13 245.4881, subdivision 4; 135.14 (xi) the MinnesotaCare program under chapter 256L; 135.15 (xii) the community health services grants under chapter 135.16 145; 135.17 (xiii) the Community Social Services Act funding under the 135.18 Social Security Act, United States Code, title 42, sections 1397 135.19 to 1397f;and135.20 (xiv) the community transition interagency committees under 135.21 section 125A.22; 135.22 (xv) the child care assistance program under chapter 119B; 135.23 and 135.24 (xvi) services offered through the child care resource and 135.25 referral programs under chapter 119B; 135.26 (2) services provided under a health plan in conformity 135.27 with an individual family service plan or an individual 135.28 education plan; and 135.29 (3) additional appropriate services that local agencies and 135.30 counties provide on an individual need basis upon determining 135.31 eligibility and receiving a request from the interagency early 135.32 intervention committee and the child's parent. 135.33 (e) "Children with disabilities" has the meaning given in 135.34 section 125A.02. 135.35 (f) A "standardized written plan" means those individual 135.36 services or programs available through the interagency 136.1 intervention service system to an eligible child other than the 136.2 services or programs described in the child's individual 136.3 education plan or the child's individual family service plan. 136.4 Sec. 11. Minnesota Statutes 2002, section 125A.28, is 136.5 amended to read: 136.6 125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 136.7 An interagency coordinating council of at least 17, but not 136.8 more than 25 members is established, in compliance with Public 136.9 Law Number 102-119, section 682. The members must be appointed 136.10 by the governor. Council members must elect the council chair. 136.11 The representative of the commissioner may not serve as the 136.12 chair. The council must be composed of at least five parents, 136.13 including persons of color, of children with disabilities under 136.14 age 12, including at least three parents of a child with a 136.15 disability under age seven, five representatives of public or 136.16 private providers of services for children with disabilities 136.17 under age five, including a special education director, county 136.18 social service director, local Head Start director, and a 136.19 community health services or public health nursing 136.20 administrator, one member of the senate, one member of the house 136.21 of representatives, one representative of teacher preparation 136.22 programs in early childhood-special education or other 136.23 preparation programs in early childhood intervention, at least 136.24 one representative of advocacy organizations for children with 136.25 disabilities under age five, one physician who cares for young 136.26 children with special health care needs, one representative each 136.27 from the commissioners of commerce, children, families, and 136.28 learning, health, human services, a representative from the 136.29 state agency responsible for child care, and a representative 136.30 from Indian health services or a tribal council. Section 136.31 15.059, subdivisions 2 to 5, apply to the council. The council 136.32 must meet at least quarterly. 136.33 The council must address methods of implementing the state 136.34 policy of developing and implementing comprehensive, 136.35 coordinated, multidisciplinary interagency programs of early 136.36 intervention services for children with disabilities and their 137.1 families. 137.2 The duties of the council include recommending policies to 137.3 ensure a comprehensive and coordinated system of all state and 137.4 local agency services for children under age five with 137.5 disabilities and their families. The policies must address how 137.6 to incorporate each agency's services into a unified state and 137.7 local system of multidisciplinary assessment practices, 137.8 individual intervention plans, comprehensive systems to find 137.9 children in need of services, methods to improve public 137.10 awareness, and assistance in determining the role of interagency 137.11 early intervention committees. 137.12 By September 1, the council must recommend to the governor 137.13 and the commissioners of children, families, and learning, 137.14 health, human services, commerce, and economic security policies 137.15 for a comprehensive and coordinated system. 137.16 Notwithstanding any other law to the contrary, the state 137.17 interagency coordinating council expires on June 30,20032005. 137.18 Sec. 12. Minnesota Statutes 2002, section 125A.30, is 137.19 amended to read: 137.20 125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.] 137.21 (a) A school district, group of districts, or special 137.22 education cooperative, in cooperation with the health and human 137.23 service agencies located in the county or counties in which the 137.24 district or cooperative is located, must establish an 137.25 interagency early intervention committee for children with 137.26 disabilities under age five and their families under this 137.27 section, and for children with disabilities ages three to 22 137.28 consistent with the requirements under sections 125A.023 and 137.29 125A.027. Committees must include representatives of localand137.30regionalhealth, education, and county human service agencies, 137.31 county boards, school boards, early childhood family education 137.32 programs, Head Start, parents of young children with 137.33 disabilities under age 12, child care resource and referral 137.34 agencies, school readiness programs, current service providers, 137.35 and may also include representatives from other private or 137.36 public agencies and school nurses. The committee must elect a 138.1 chair from among its members and must meet at least quarterly. 138.2 (b) The committee must develop and implement interagency 138.3 policies and procedures concerning the following ongoing duties: 138.4 (1) develop public awareness systems designed to inform 138.5 potential recipient families of available programs and services; 138.6 (2) implement interagency child find systems designed to 138.7 actively seek out, identify, and refer infants and young 138.8 children with, or at risk of, disabilities and their families; 138.9 (3) establish and evaluate the identification, referral, 138.10 child and family assessment systems, procedural safeguard 138.11 process, and community learning systems to recommend, where 138.12 necessary, alterations and improvements; 138.13 (4) assure the development of individualized family service 138.14 plans for all eligible infants and toddlers with disabilities 138.15 from birth through age two, and their families, and individual 138.16 education plans and individual service plans when necessary to 138.17 appropriately serve children with disabilities, age three and 138.18 older, and their families and recommend assignment of financial 138.19 responsibilities to the appropriate agencies; 138.20 (5) encourage agencies to develop individual family service 138.21 plans for children with disabilities, age three and older; 138.22 (6) implement a process for assuring that services involve 138.23 cooperating agencies at all steps leading to individualized 138.24 programs; 138.25 (7) facilitate the development of a transitional plan if a 138.26 service provider is not recommended to continue to provide 138.27 services; 138.28 (8) identify the current services and funding being 138.29 provided within the community for children with disabilities 138.30 under age five and their families; 138.31 (9) develop a plan for the allocation and expenditure of 138.32 additional state and federal early intervention funds under 138.33 United States Code, title 20, section 1471 et seq. (Part H, 138.34 Public Law Number 102-119) and United States Code, title 20, 138.35 section 631, et seq. (Chapter I, Public Law Number 89-313); and 138.36 (10) develop a policy that is consistent with section 139.1 13.05, subdivision 9, and federal law to enable a member of an 139.2 interagency early intervention committee to allow another member 139.3 access to data classified as not public. 139.4 (c) The local committee shall also: 139.5 (1) participate in needs assessments and program planning 139.6 activities conducted by local social service, health and 139.7 education agencies for young children with disabilities and 139.8 their families; and 139.9 (2) review and comment on the early intervention section of 139.10 the total special education system for the district, the county 139.11 social service plan, the section or sections of the community 139.12 health services plan that address needs of and service 139.13 activities targeted to children with special health care 139.14 needs, the section on children with special needs in the county 139.15 child care fund plan, sections in Head Start plans on 139.16 coordinated planning and services for children with special 139.17 needs, any relevant portions of early childhood education plans, 139.18 such as early childhood family education or school readiness, or 139.19 other applicable coordinated school and community plans for 139.20 early childhood programs and services, and the section of the 139.21 maternal and child health special project grants that address 139.22 needs of and service activities targeted to children with 139.23 chronic illness and disabilities. 139.24 Sec. 13. [APPROPRIATIONS.] 139.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 139.26 LEARNING.] The sums indicated in this section are appropriated 139.27 from the general fund to the department of children, families, 139.28 and learning for the fiscal years designated. 139.29 Subd. 2. [SCHOOL READINESS.] For revenue for school 139.30 readiness programs under Minnesota Statutes, sections 124D.15 139.31 and 124D.16: 139.32 $ 9,698,000 ..... 2004 139.33 $10,298,000 ..... 2005 139.34 The 2004 appropriation includes $1,767,000 for 2003 and 139.35 $7,931,000 for 2004. 139.36 The 2005 appropriation includes $1,982,000 for 2004 and 140.1 $8,316,000 for 2005. 140.2 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 140.3 childhood family education aid under Minnesota Statutes, section 140.4 124D.135: 140.5 $19,832,000 ..... 2004 140.6 $21,545,000 ..... 2005 140.7 The 2004 appropriation includes $3,396,000 for 2003 and 140.8 $16,436,000 for 2004. 140.9 The 2005 appropriation includes $4,109,000 for 2004 and 140.10 $17,436,000 for 2005. 140.11 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 140.12 health and developmental screening aid under Minnesota Statutes, 140.13 sections 121A.17 and 121A.19: 140.14 $2,581,000 ..... 2004 140.15 $2,661,000 ..... 2005 140.16 The 2004 appropriation includes $452,000 for 2003 and 140.17 $2,129,000 for 2004. 140.18 The 2005 appropriation includes $532,000 for 2004 and 140.19 $2,129,000 for 2005. 140.20 Subd. 5. [HEAD START PROGRAM.] For Head Start programs 140.21 under Minnesota Statutes, section 119A.52: 140.22 $18,375,000 ..... 2004 140.23 $18,375,000 ..... 2005 140.24 Subd. 6. [WAY TO GROW.] For the way to grow program under 140.25 Minnesota Statutes, section 124D.17: 140.26 $475,000 ..... 2004 140.27 $475,000 ..... 2005 140.28 Sec. 14. [REPEALER.] 140.29 Minnesota Statutes 2002, sections 119A.08; 119A.51; 140.30 125A.47; and 144.401, subdivision 5, are repealed. 140.31 ARTICLE 8 140.32 PREVENTION 140.33 Section 1. Minnesota Statutes 2002, section 124D.20, is 140.34 amended by adding a subdivision to read: 140.35 Subd. 11. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 140.36 the sum of the average balances during the most recent 141.1 three-year period in a district's community education reserve 141.2 account and unreserved/undesignated community service fund 141.3 account on June 30 of each year, adjusted for any prior 141.4 reductions under this subdivision, must not be greater than 25 141.5 percent of the sum of the district's maximum total community 141.6 education revenue under subdivision 1, excluding adjustments 141.7 under this subdivision, plus the district's additional community 141.8 education levy under section 124D.21, plus any fees, grants, or 141.9 other revenue received by the district for community education 141.10 programs for the prior year. For purposes of this paragraph, 141.11 "community education programs" means programs according to 141.12 subdivisions 8, paragraph (a), and 9, and section 124D.19, 141.13 subdivision 12, excluding early childhood family education 141.14 programs under section 124D.13, school readiness programs under 141.15 sections 124D.15 and 124D.17, and adult basic education programs 141.16 under section 124D.52. 141.17 (b) If the sum of the average balances during the most 141.18 recent three-year period in a district's community education 141.19 reserve account and unreserved/undesignated community service 141.20 fund account on June 30 of each year, adjusted for any prior 141.21 reductions under this subdivision, is in excess of the limit 141.22 under paragraph (a), the district's community education state 141.23 aid and levy authority for the current school year must be 141.24 reduced by the lesser of the current year revenue under 141.25 subdivision 1 or the excess reserve amount. The aid reduction 141.26 equals the product of the lesser of the excess reserve amount or 141.27 the current year revenue under subdivision 1 times the ratio of 141.28 the district's aid for the current year under subdivision 7 to 141.29 the district's revenue for the current year under subdivision 141.30 1. The levy reduction equals the excess reserve amount minus 141.31 the aid reduction. For purposes of this paragraph, if a 141.32 district does not levy the entire amount permitted under 141.33 subdivision 5 or 6, the revenue under subdivision 1 must be 141.34 reduced in proportion to the actual amount levied. 141.35 (c) Notwithstanding paragraph (a), for fiscal year 2003, 141.36 the excess reserve amount shall be computed using the balances 142.1 in a district's community education reserve account and 142.2 unreserved/undesignated community service fund account on June 142.3 30, 2002. For fiscal year 2004, the excess reserve amount shall 142.4 be computed using the adjusted average balances in a district's 142.5 community education reserve account and unreserved/undesignated 142.6 community service fund account on June 30, 2002, and June 30, 142.7 2003. 142.8 [EFFECTIVE DATE.] This section is effective for revenue for 142.9 fiscal year 2003. 142.10 Sec. 2. Minnesota Statutes 2002, section 124D.20, is 142.11 amended by adding a subdivision to read: 142.12 Subd. 12. [WAIVER.] (a) If a district anticipates that the 142.13 reserve account may exceed the 25 percent limit established 142.14 under subdivision 11 because of extenuating circumstances, prior 142.15 approval to exceed the limit must be obtained in writing from 142.16 the commissioner. 142.17 (b) Notwithstanding paragraph (a), for fiscal year 2003, a 142.18 district may submit a waiver request within 30 days of the date 142.19 of final enactment. 142.20 [EFFECTIVE DATE.] This section is effective the day 142.21 following final enactment for revenue for fiscal year 2003. 142.22 Sec. 3. [APPROPRIATIONS.] 142.23 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 142.24 LEARNING.] The sums indicated in this section are appropriated 142.25 from the general fund to the department of children, families, 142.26 and learning for the fiscal years designated. 142.27 Subd. 2. [COMMUNITY EDUCATION AID.] For community 142.28 education aid under Minnesota Statutes, section 124D.20: 142.29 $5,865,000 ..... 2004 142.30 $4,309,000 ..... 2005 142.31 The 2004 appropriation includes $1,326,000 for 2003 and 142.32 $4,539,000 for 2004. 142.33 The 2005 appropriation includes $1,134,000 for 2004 and 142.34 $3,175,000 for 2005. 142.35 Subd. 3. [ADULTS WITH DISABILITIES PROGRAM AID.] For 142.36 adults with disabilities programs under Minnesota Statutes, 143.1 section 124D.56: 143.2 $688,000 ..... 2004 143.3 $710,000 ..... 2005 143.4 The 2004 appropriation includes $120,000 for 2003 and 143.5 $568,000 for 2004. 143.6 The 2005 appropriation includes $142,000 for 2004 and 143.7 $568,000 for 2005. 143.8 Subd. 4. [HEARING-IMPAIRED ADULTS.] For programs for 143.9 hearing-impaired adults under Minnesota Statutes, section 143.10 124D.57: 143.11 $70,000 ..... 2004 143.12 $70,000 ..... 2005 143.13 Subd. 5. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 143.14 violence prevention education grants under Minnesota Statutes, 143.15 section 120B.23: 143.16 $1,406,000 ..... 2004 143.17 $1,450,000 ..... 2005 143.18 The 2004 appropriation includes $246,000 for 2003 and 143.19 $1,160,000 for 2004. 143.20 The 2005 appropriation includes $290,000 for 2004 and 143.21 $1,160,000 for 2005. 143.22 Subd. 6. [SCHOOL-AGE CARE REVENUE.] For extended day aid 143.23 under Minnesota Statutes, section 124D.22: 143.24 $41,000 ..... 2004 143.25 $21,000 ..... 2005 143.26 The 2004 appropriation includes $14,000 for 2003 and 143.27 $27,000 for 2004. 143.28 The 2005 appropriation includes $6,000 for 2004 and $15,000 143.29 for 2005. 143.30 Subd. 7. [AFTER-SCHOOL ENRICHMENT GRANTS.] For 143.31 after-school enrichment grants under Minnesota Statutes, section 143.32 124D.221: 143.33 $4,150,000 ..... 2004 143.34 $4,150,000 ..... 2005 143.35 Any balance in the first year does not cancel but is 143.36 available in the second year. 144.1 ARTICLE 9 144.2 SELF-SUFFICIENCY AND LIFELONG LEARNING 144.3 Section 1. Minnesota Statutes 2002, section 124D.531, 144.4 subdivision 1, is amended to read: 144.5 Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] 144.6 (a) The state total adult basic education aid for fiscal year 144.720012003 equals$30,157,000$35,175,000. The state total adult 144.8 basic education aid for later years equals: 144.9 (1) the state total adult basic education aid for the 144.10 preceding fiscal year; times 144.11 (2) the lesser of: 144.12 (i)1.08the state total adult basic education aid growth 144.13 factor as determined in paragraph (c), or 144.14 (ii) the greater of 1.00 or the ratio of the state total 144.15 contact hours in the first prior program year to the state total 144.16 contact hours in the second prior program year. Beginning in 144.17 fiscal year 2002, two percent of the state total adult basic 144.18 education aid must be set aside for adult basic education 144.19 supplemental service grants under section 124D.522. 144.20 (b) The state total adult basic education aid, excluding 144.21 basic population aid, equals the difference between the amount 144.22 computed in paragraph (a), and the state total basic population 144.23 aid under subdivision 2. 144.24 (c) The state total adult basic education aid growth factor 144.25 is 1.03 for fiscal year 2004, 1.02 for fiscal year 2005, and 144.26 1.06 for fiscal year 2006 and later. 144.27 Sec. 2. Minnesota Statutes 2002, section 124D.531, is 144.28 amended by adding a subdivision to read: 144.29 Subd. 3a. [AID ADJUSTMENT.] (a) Notwithstanding 144.30 subdivisions 2 and 3, the aid computed for each adult basic 144.31 education program must be adjusted as provided in this 144.32 subdivision. 144.33 (b) For a program with at least as many contact hours in 144.34 the first prior program year as in the second prior program 144.35 year, the aid under subdivision 3, clause (2), must be increased 144.36 by the greater of zero or the difference between 95 percent of 145.1 the aid the program received under subdivision 3, clause (2), as 145.2 adjusted by this subdivision for the previous fiscal year and 145.3 the aid computed under subdivision 3, clause (2), for the 145.4 current fiscal year. 145.5 (c) For a program with fewer contact hours in the first 145.6 prior program year than in the second prior program year, the 145.7 aid under subdivision 3, clause (2), must be increased by the 145.8 greater of zero or the difference between the product of (i) the 145.9 ratio of the contact hours in the first prior program year to 145.10 the contact hours in the second prior program year times (ii) 95 145.11 percent of the aid the program received under subdivision 3, 145.12 clause (2), as adjusted by this subdivision for the previous 145.13 fiscal year and the aid computed under subdivision 3, clause 145.14 (2), for the current fiscal year. 145.15 (d) The aid for each program under subdivisions 2 and 3, as 145.16 adjusted under paragraphs (b) and (c), must be prorated to fully 145.17 offset the increases under paragraphs (b) and (c). 145.18 Sec. 3. Minnesota Statutes 2002, section 124D.531, 145.19 subdivision 4, is amended to read: 145.20 Subd. 4. [ADULT BASIC EDUCATION PROGRAM AID LIMIT.] (a) 145.21 Notwithstanding subdivisions 2and, 3, and 3a, the total adult 145.22 basic education aid for a program per prior year contact hour 145.23 must not exceed four times the rate per prior year contact hour 145.24 computed under subdivision 3, clause (2). 145.25 (b) For fiscal year20022004 and later, the aid for a 145.26 program under subdivision 3, clause (2), adjusted for changes in 145.27 program membership, must not exceed the aid for that program 145.28 under subdivision 3, clause (2), for the first preceding fiscal 145.29 year by more than the greater of17the percentage increase in 145.30 state total adult basic education aid for the current fiscal 145.31 year under subdivision 1 plus 6 percent or$20,000$15,000. 145.32 (c) Adult basic education aid is payable to a program for 145.33 unreimbursed costs. 145.34 Sec. 4. Minnesota Statutes 2002, section 124D.531, 145.35 subdivision 7, is amended to read: 145.36 Subd. 7. [PROGRAM AUDITS.] Programs that receive aid under 146.1 this section must maintain records that support the aid 146.2 payments. The commissioner may audit these records upon 146.3 request. The commissioner must establish procedures for 146.4 conducting fiscal audits of adult basic education programs 146.5according to the schedule in this subdivision. In calendar year146.62003, the commissioner must audit one-half of approved adult146.7basic education programs that received aid for fiscal year 2002,146.8and in calendar year 2004, the commissioner must audit the146.9remaining unaudited programs for aid received in fiscal year146.102003. Beginning with fiscal year 2005, the commissioner must,146.11at a minimum, audit each adult basic education program once146.12every five years. The commissioner must establish procedures to 146.13 reconcile any discrepancies between aid payments based on 146.14 information reported to the commissioner and aid estimates based 146.15 on a program audit. 146.16 Sec. 5. [APPROPRIATIONS.] 146.17 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 146.18 LEARNING.] The sums indicated in this section are appropriated 146.19 from the general fund to the department of children, families, 146.20 and learning for the fiscal years designated. 146.21 Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic 146.22 education aid under Minnesota Statutes, section 124D.531: 146.23 $34,627,000 ..... 2004 146.24 $36,550,000 ..... 2005 146.25 The 2004 appropriation includes $5,905,000 for 2003 and 146.26 $28,722,000 for 2004. 146.27 The 2005 appropriation includes $7,180,000 for 2004 and 146.28 $29,370,000 for 2005. 146.29 Subd. 3. [ADULT GRADUATION AID.] For adult graduation aid 146.30 under Minnesota Statutes, section 124D.54: 146.31 $2,451,000 ..... 2004 146.32 $2,773,000 ..... 2005 146.33 The 2004 appropriation includes $396,000 for 2003 and 146.34 $2,055,000 for 2004. 146.35 The 2005 appropriation includes $513,000 for 2004 and 146.36 $2,260,000 for 2005. 147.1 Subd. 4. [GED TESTS.] For payment of 60 percent of the 147.2 costs of GED tests under Laws 1993, chapter 224, article 4, 147.3 section 44, subdivision 10: 147.4 $125,000 ..... 2004 147.5 $125,000 ..... 2005 147.6 Subd. 5. [LEAD ABATEMENT.] For lead abatement under 147.7 Minnesota Statutes, section 119A.46: 147.8 $100,000 ..... 2004 147.9 $100,000 ..... 2005 147.10 Any balance in the first year does not cancel but is 147.11 available in the second year. 147.12 ARTICLE 10 147.13 STATE AGENCIES 147.14 Section 1. Minnesota Statutes 2002, section 122A.21, is 147.15 amended to read: 147.16 122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.] 147.17 Each application for the issuance, renewal, or extension of 147.18 a license to teach must be accompanied by a processing feein an147.19amount set by the board of teaching by ruleof $57. Each 147.20 application for issuing, renewing, or extending the license of a 147.21 school administrator or supervisor must be accompanied by a 147.22 processing fee in the amount set by the board of teaching. The 147.23 processing fee for a teacher's license and for the licenses of 147.24 supervisory personnel must be paid to the executive secretary of 147.25 the appropriate board. The executive secretary of the board 147.26 shall deposit the fees with the state treasurer, as provided by 147.27 law, and report each month to the commissioner of finance the 147.28 amount of fees collected. The fees as set by the board are 147.29 nonrefundable for applicants not qualifying for a license. 147.30 However, a fee must be refunded by the state treasurer in any 147.31 case in which the applicant already holds a valid unexpired 147.32 license. The board may waive or reduce fees for applicants who 147.33 apply at the same time for more than one license. 147.34 Sec. 2. Minnesota Statutes 2002, section 127A.05, 147.35 subdivision 1, is amended to read: 147.36 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 148.1 shall be under the administrative control of the commissioner of 148.2 children, families, and learning which office is established. 148.3 The governor shall appoint the commissioner under the provisions 148.4 of section 15.06. 148.5 The commissioner shall be a person who possesses 148.6 educational attainment and breadth of experience in the 148.7 administration of public education and of the finances 148.8 pertaining thereto commensurate with the spirit and intent of 148.9 this code.Notwithstanding any other law to the contrary, the148.10commissioner may appoint two deputy commissioners who shall148.11serve in the unclassified service.The commissioner shallalso148.12 appoint other employees as may be necessary for the organization 148.13 of the department. The commissioner shall perform such duties 148.14 as the law and rules may provide and be held responsible for the 148.15 efficient administration and discipline of the department. The 148.16 commissioner is charged with the execution of powers and duties 148.17 to promote public education in the state and to safeguard the 148.18 finances pertaining thereto. 148.19 [EFFECTIVE DATE.] This section is effective the day 148.20 following final enactment. 148.21 Sec. 3. [FINANCIAL ANALYSIS; CONTRACTS.] 148.22 (a) The legislative audit commission is requested to 148.23 consider a program evaluation on the following issues: 148.24 (1) the total amount of projected additional costs 148.25 associated with the No Child Left Behind Act of 2001 compliance 148.26 for the state and local school districts during the fiscal year 148.27 2004 and fiscal year 2005 biennium; 148.28 (2) the amount of new federal funds that are reasonably 148.29 expected to be provided to the state and local school districts 148.30 during the fiscal year 2004 and fiscal year 2005 biennium for 148.31 the costs identified in clause (1); and 148.32 (3) the financial consequences to the state and each 148.33 individual school district of noncompliance with the No Child 148.34 Left Behind Act of 2001. 148.35 (b) The proposed consolidated state plan to be submitted by 148.36 May 1, 2003, or any other contract or agreement under the 149.1 provisions of the No Child Left Behind Act of 2001, shall 149.2 include a notification that any commitment by the department of 149.3 children, families, and learning to the federal Department of 149.4 Education on implementing the No Child Left Behind Act of 2001 149.5 shall expire on June 1, 2004, unless legislation affirming the 149.6 implementation of the act is enacted before that date. If the 149.7 consolidated state plan, or any other contract or agreement, 149.8 does not include the notification, the plan or any other 149.9 contract or agreement shall be revoked. 149.10 [EFFECTIVE DATE.] This section is effective the day 149.11 following final enactment and applies to existing agency 149.12 contracts or agreements. 149.13 Sec. 4. [RULES FOR SUPPLEMENTAL SERVICE PROVIDERS.] 149.14 The commissioner of children, families, and learning may 149.15 adopt rules under Minnesota Statutes, section 14.388, 149.16 establishing criteria for identifying, annually reviewing, and 149.17 formally listing eligible supplemental education service 149.18 providers throughout Minnesota, consistent with applicable 149.19 federal requirements and Minnesota's application for 149.20 supplemental education service providers under title 1, part A, 149.21 of the No Child Left Behind Act. 149.22 [EFFECTIVE DATE.] This section is effective the day 149.23 following final enactment and applies to supplemental education 149.24 service providers delivering supplemental English or math 149.25 services to eligible students in the 2003-2004 school year and 149.26 later. 149.27 Sec. 5. [APPROPRIATIONS.] 149.28 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 149.29 LEARNING.] Unless otherwise indicated, the sums indicated in 149.30 this section are appropriated from the general fund to the 149.31 department of children, families, and learning for the fiscal 149.32 years designated. 149.33 Subd. 2. [DEPARTMENT.] (a) For the department of children, 149.34 families, and learning: 149.35 $20,939,000 ..... 2004 149.36 $20,860,000 ..... 2005 150.1 Any balance in the first year does not cancel but is 150.2 available in the second year. 150.3 (b) $260,000 each year is for the Minnesota Children's 150.4 Museum. 150.5 (c) $41,000 each year is for the Minnesota Academy of 150.6 Science. 150.7 (d) $621,000 each year is for the board of teaching. 150.8 (e) $165,000 each year is for the board of school 150.9 administrators. 150.10 (f) $2,547,000 each year is for the division of program 150.11 finance. 150.12 (g) $1,741,000 in 2004 and $1,701,000 in 2005 is for 150.13 implementation of new academic standards. The base amount for 150.14 the implementation of new academic standards for fiscal year 150.15 2006 and later is $1,501,000. 150.16 (h) $271,000 each year is for the state library board. 150.17 (i) $39,000 in 2004 only is for the department name change. 150.18 (j) None of the amounts appropriated in this subdivision 150.19 shall be used to pay for salaries or benefits of employees 150.20 assigned to the office of the governor. 150.21 Sec. 6. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.] 150.22 The sums indicated in this section are appropriated from 150.23 the general fund to the Minnesota state academies for the deaf 150.24 and the blind for the fiscal years designated: 150.25 $10,417,000 ..... 2004 150.26 $10,418,000 ..... 2005 150.27 Any balance in the first year does not cancel but is 150.28 available in the second year. 150.29 The base amount for fiscal year 2006 and later is 150.30 $10,966,000. 150.31 Sec. 7. [APPROPRIATIONS; PERPICH CENTER FOR ARTS 150.32 EDUCATION.] 150.33 The sums indicated in this section are appropriated from 150.34 the general fund to the Perpich center for arts education for 150.35 the fiscal years designated: 150.36 $6,864,000 ..... 2004 151.1 $6,864,000 ..... 2005 151.2 Any balance in the first year does not cancel but is 151.3 available in the second year. 151.4 The base amount for fiscal year 2006 and later shall be 151.5 $7,816,000. 151.6 ARTICLE 11 151.7 ADMINISTRATIVE AMENDMENT AND REPEAL OF 151.8 CERTAIN PROVISIONS 151.9 Section 1. Minnesota Statutes 2002, section 12.21, 151.10 subdivision 3, is amended to read: 151.11 Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under 151.12 this chapter and to effect its policy and purpose, the governor 151.13 may: 151.14 (1) make, amend, and rescind the necessary orders and rules 151.15 to carry out the provisions of this chapter and section 216C.15 151.16 within the limits of the authority conferred by this section, 151.17 with due consideration of the plans of the federal government 151.18 and without complying with sections 14.001 to 14.69, but no 151.19 order or rule has the effect of law except as provided by 151.20 section 12.32; 151.21 (2) ensure that a comprehensive emergency operations plan 151.22 and emergency management program for this state are developed 151.23 and maintained, and are integrated into and coordinated with the 151.24 emergency plans of the federal government and of other states to 151.25 the fullest possible extent; 151.26 (3) in accordance with the emergency operations plan and 151.27 the emergency management program of this state, procure 151.28 supplies, equipment, and facilities; institute training programs 151.29 and public information programs; and take all other preparatory 151.30 steps, including the partial or full activation of emergency 151.31 management organizations in advance of actual disaster to ensure 151.32 the furnishing of adequately trained and equipped forces of 151.33 emergency management personnel in time of need; 151.34 (4) make studies and surveys of the industries, resources, 151.35 and facilities in this state as may be necessary to ascertain 151.36 the capabilities of the state for emergency management and to 152.1 plan for the most efficient emergency use of those industries, 152.2 resources, and facilities; 152.3 (5) on behalf of this state, enter into mutual aid 152.4 arrangements or cooperative agreements with other states, tribal 152.5 authorities, and Canadian provinces, and coordinate mutual aid 152.6 plans between political subdivisions of this state; 152.7 (6) delegate administrative authority vested in the 152.8 governor under this chapter, except the power to make rules, and 152.9 provide for the subdelegation of that authority; 152.10 (7) cooperate with the president and the heads of the armed 152.11 forces, the emergency management agency of the United States and 152.12 other appropriate federal officers and agencies, and with the 152.13 officers and agencies of other states in matters pertaining to 152.14 the emergency management of the state and nation, including the 152.15 direction or control of: 152.16 (i) emergency preparedness drills and exercises; 152.17 (ii) warnings and signals for drills or actual emergencies 152.18 and the mechanical devices to be used in connection with them; 152.19 (iii) shutting off water mains, gas mains, electric power 152.20 connections and the suspension of all other utility services; 152.21 (iv) the conduct of persons in the state, including 152.22 entrance or exit from any stricken or threatened public place, 152.23 occupancy of facilities, and the movement and cessation of 152.24 movement of pedestrians, vehicular traffic, and all forms of 152.25 private and public transportation during, prior, and subsequent 152.26 to drills or actual emergencies; 152.27 (v) public meetings or gatherings; and 152.28 (vi) the evacuation, reception, and sheltering of persons; 152.29 (8) contribute to a political subdivision, within the 152.30 limits of the appropriation for that purpose, not more than 25 152.31 percent of the cost of acquiring organizational equipment that 152.32 meets standards established by the governor; 152.33 (9) formulate and execute, with the approval of the 152.34 executive council, plans and rules for the control of traffic in 152.35 order to provide for the rapid and safe movement over public 152.36 highways and streets of troops, vehicles of a military nature, 153.1 and materials for national defense and war or for use in any war 153.2 industry, for the conservation of critical materials, or for 153.3 emergency management purposes; coordinate the activities of the 153.4 departments or agencies of the state and its political 153.5 subdivisions concerned directly or indirectly with public 153.6 highways and streets, in a manner that will best effectuate 153.7 those plans; 153.8 (10) alter or adjust by executive order, without complying 153.9 with sections 14.01 to 14.69, the working hours, work days and 153.10 work week of, and annual and sick leave provisions and payroll 153.11 laws regarding all state employees in the executive branch as 153.12 the governor deems necessary to minimize the impact of the 153.13 disaster or emergency, conforming the alterations or adjustments 153.14 to existing state laws, rules, and collective bargaining 153.15 agreements to the extent practicable; 153.16 (11) authorize the commissioner of children, families, and 153.17 learning to alter school schedules, curtail school activities, 153.18 or order schools closedwithout affecting state aid to schools,153.19 as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 153.20 and including charter schools under section 124D.10, and 153.21 elementary schools enrolling prekindergarten pupils in district 153.22 programs; and 153.23 (12) transfer the direction, personnel, or functions of 153.24 state agencies to perform or facilitate response and recovery 153.25 programs. 153.26 Sec. 2. Minnesota Statutes 2002, section 120A.05, 153.27 subdivision 9, is amended to read: 153.28 Subd. 9. [ELEMENTARY SCHOOL.] "Elementary school" means 153.29 any school with building, equipment, courses of study, class 153.30 schedules, enrollment of pupils ordinarily in prekindergarten 153.31 through grade 6 or any portion thereof, and staff meeting the 153.32 standards established by the commissioner. 153.33The commissioner of children, families, and learning shall153.34not close a school or deny any state aids to a district for its153.35elementary schools because of enrollment limitations classified153.36in accordance with the provisions of this subdivision.154.1 Sec. 3. Minnesota Statutes 2002, section 122A.63, 154.2 subdivision 3, is amended to read: 154.3 Subd. 3. [REVIEW AND COMMENT.] The commissioner must 154.4 submit the joint application to theMinnesotaAmerican Indian 154.5scholarshipeducation committee for review and comment. 154.6 Sec. 4. Minnesota Statutes 2002, section 123A.06, 154.7 subdivision 3, is amended to read: 154.8 Subd. 3. [HOURS OF INSTRUCTION EXEMPTION.] Notwithstanding 154.9 any law to the contrary, the center programs must be available 154.10 throughout the entire year.Pupils in a center may receive154.11instruction for more than or less than the daily number of hours154.12required by the rules of the commissioner of children, families,154.13and learning. However, a pupil must receive instruction each154.14year for at least the total number of instructional hours154.15required by statutes and rules.A center may petition the state 154.16 board under Minnesota Rules, part 3500.1000, for exemption from 154.17 other rules. 154.18 Sec. 5. Minnesota Statutes 2002, section 123A.18, 154.19 subdivision 2, is amended to read: 154.20 Subd. 2. [EXTENDED YEAR INSTRUCTION.] The agreement may 154.21 provide opportunities for pupils to receive instruction 154.22 throughout the entire year and for teachers to coordinate 154.23 educational opportunities and provide instruction throughout the 154.24 entire year.Pupils may receive instruction for more than or154.25less than the daily number of hours required by the rules of the154.26commissioner of children, families, and learning. However, the154.27pupil must receive instruction each year for at least the total154.28number of instructional hours required by statutes and rules.A 154.29 teacher who is employed for the extended year may develop, in 154.30 consultation with pupils and parents, individual educational 154.31 programs for not more than 125 pupils. 154.32 Sec. 6. Minnesota Statutes 2002, section 123A.73, 154.33 subdivision 3, is amended to read: 154.34 Subd. 3. [VOLUNTARY DISSOLUTION; REFERENDUM REVENUE.] As 154.35 of the effective date of the voluntary dissolution of a district 154.36 and its attachment to one or more existing districts pursuant to 155.1 section 123A.46, the authorization for all referendum revenues 155.2 previously approved by the voters of all affected districts for 155.3 those districts pursuant to section 126C.17, subdivision 9, or 155.4 its predecessor provision, is canceled. However, if all of the 155.5 territory of any independent district is included in the 155.6 enlarged district, and if the adjusted net tax capacity of 155.7 taxable property in that territory comprises 90 percent or more 155.8 of the adjusted net tax capacity of all taxable property in an 155.9 enlarged district, the enlarged district's referendum revenue 155.10 shall be determined as follows: 155.11If the referendum revenue previously approved in the155.12preexisting district is authorized as a tax rate, the referendum155.13revenue in the enlarged district is the tax rate times the net155.14tax capacity of the enlarged district. If referendum revenue155.15previously approved in the preexisting district is authorized as155.16revenue per resident pupil unit,The referendum revenue shall be 155.17 the revenue per resident marginal cost pupil unit times the 155.18 number of resident marginal cost pupil units in the enlarged 155.19 district.If referendum revenue in the preexisting district is155.20authorized both as a tax rate and as revenue per resident pupil155.21unit, the referendum revenue in the enlarged district shall be155.22the sum of both plus any referendum revenue in the preexisting155.23district authorized as a dollar amount.Any new referendum 155.24 revenue shall be authorized only after approval is granted by 155.25 the voters of the entire enlarged district in an election 155.26 pursuant to section 126C.17, subdivision 9. 155.27 Sec. 7. Minnesota Statutes 2002, section 123A.73, 155.28 subdivision 4, is amended to read: 155.29 Subd. 4. [CONSOLIDATION; MAXIMUM AUTHORIZED REFERENDUM 155.30 REVENUES.] As of the effective date of a consolidation pursuant 155.31 to section 123A.48, if the plan for consolidation so provides, 155.32 or if the plan for consolidation makes no provision concerning 155.33 referendum revenues, the authorization for all referendum 155.34 revenues previously approved by the voters of all affected 155.35 districts for those districts pursuant to section 126C.17, 155.36 subdivision 9, or its predecessor provision shall be 156.1 recalculated as provided in this subdivision. The referendum 156.2 revenue authorization for the newly created district shall be 156.3 thenet tax capacity raterevenue per resident marginal cost 156.4 pupil unit that would raise an amount equal to the combined 156.5 dollar amount of the referendum revenues authorized by each of 156.6 the component districts for the year preceding the 156.7 consolidation, unless the referendum revenue authorization of 156.8 the newly created district is subsequently modified pursuant to 156.9 section 126C.17, subdivision 9.If the referendum revenue156.10authorizations for each of the component districts were limited156.11to a specified number of years,The referendum revenue 156.12 authorization for the newly created district shall continue for 156.13 a period of time equal to the longest period authorized for any 156.14 component district.If the referendum revenue authorization of156.15any component district is not limited to a specified number of156.16years, the referendum revenue authorization for the newly156.17created district shall not be limited to a specified number of156.18years.156.19 Sec. 8. Minnesota Statutes 2002, section 123A.73, 156.20 subdivision 5, is amended to read: 156.21 Subd. 5. [ALTERNATIVE METHOD.] As of the effective date of 156.22 a consolidation pursuant to section 123A.48, if the plan for 156.23 consolidation so provides, the authorization for all referendum 156.24 revenues previously approved by the voters of all affected 156.25 districts for those districts pursuant to section 126C.17, 156.26 subdivision 9, or its predecessor provision shall be combined as 156.27 provided in this subdivision. The referendum revenue 156.28 authorization for the newly created district may be any 156.29 allowance per resident marginal cost pupil unit provided in the 156.30 plan for consolidation, but may not exceed the allowance per 156.31 resident marginal cost pupil unit that would raise an amount 156.32 equal to the combined dollar amount of the referendum revenues 156.33 authorized by each of the component districts for the year 156.34 preceding the consolidation.If the referendum revenue156.35authorizations for each of the component districts were limited156.36to a specified number of years,The referendum revenue 157.1 authorization for the newly created district shall continue for 157.2 a period of time equal to the longest period authorized for any 157.3 component district.If the referendum revenue authorization of157.4any component district is not limited to a specified number of157.5years, the referendum revenue authorization for the newly157.6created district shall not be limited to a specified number of157.7years.The referendum revenue authorization for the newly 157.8 created district may be modified pursuant to section 126C.17, 157.9 subdivision 9. 157.10 Sec. 9. Minnesota Statutes 2002, section 123B.51, 157.11 subdivision 3, is amended to read: 157.12 Subd. 3. [LEASEROOMS OR BUILDINGSREAL PROPERTY.] When 157.13 necessary, the board may leaserooms or buildingsreal property 157.14 for school purposes. 157.15 Sec. 10. Minnesota Statutes 2002, section 123B.51, 157.16 subdivision 4, is amended to read: 157.17 Subd. 4. [LEASE FOR NONSCHOOL PURPOSE.] (a) The board may 157.18 lease to any person, business, or organizationa schoolhouse157.19 real property that is not needed for school purposes, or part of 157.20a schoolhousethe property that is not needed for school 157.21 purposes if the board determines that leasing part ofa157.22schoolhousethe property does not interfere with the educational 157.23 programs taking placein the rest of the buildingon the 157.24 property. The board may charge and collect reasonable 157.25 consideration for the lease and may determine the terms and 157.26 conditions of the lease. 157.27 (b) In districts with outstanding bonds, the net proceeds 157.28 of the lease must be first deposited in the debt retirement fund 157.29 of the district in an amount sufficient to meet when due that 157.30 percentage of the principal and interest payments for 157.31 outstanding bonds that is ascribable to the payment of expenses 157.32 necessary and incidental to the construction or purchase of the 157.33 particular building or property that is leased. Any remaining 157.34 net proceeds in these districts may be deposited in either the 157.35 debt redemption fund or operating capitalexpenditure157.36fundaccount. All net proceeds of the lease in districts 158.1 without outstanding bonds shall be deposited in the operating 158.2 capitalexpenditure fundaccount of the district. 158.3 (c) The board may make capital improvements, including158.4fixtures, to a schoolhouse or a portion thereofto the real 158.5 property, not exceeding in cost the replacement value of 158.6 theschoolhouseproperty, to facilitate its rental, and the 158.7 lease ofanthe improvedschoolhouseproperty, or part of it, 158.8 shall provide for rentals which will recover the cost of the 158.9 improvements over the initial term of the lease. 158.10 Notwithstanding paragraph (b), the portion of the rentals 158.11 representing the cost of the improvements shall be deposited in 158.12 the operating capitalexpenditure fundaccount of the district 158.13 and the balance of the rentals shall be used as provided in 158.14 paragraph (b). 158.15 Sec. 11. Minnesota Statutes 2002, section 123B.57, 158.16 subdivision 4, is amended to read: 158.17 Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and 158.18 safety revenue, a district may levy an amount equal to the 158.19 district's health and safety revenue as defined in subdivision 3 158.20 multiplied by the lesser of one, or the ratio of the quotient 158.21 derived by dividing the adjusted net tax capacity of the 158.22 district for the year preceding the year the levy is certified 158.23 by the adjusted marginal cost pupil units in the district for 158.24 the school year to which the levy is attributable, 158.25 to$3,956$2,935. 158.26 Sec. 12. Minnesota Statutes 2002, section 123B.63, 158.27 subdivision 1, is amended to read: 158.28 Subdivision 1. [CREATION OF ADOWN PAYMENTCAPITAL PROJECT 158.29 REFERENDUM ACCOUNT.] A district may create adown payment158.30 capital project referendum account as a separate account in 158.31 its general fund or its building construction fund. All 158.32 proceeds from thedown paymentcapital project levy must be 158.33 deposited in the capitalexpenditure fund and transferred to158.34this accountproject referendum account in its general fund. 158.35 The portion of the proceeds to be used for building construction 158.36 must be transferred to the capital project referendum account in 159.1 its building construction fund. Interest income attributable to 159.2 thedown paymentcapital project referendum account must be 159.3 credited to the account. 159.4 Sec. 13. Minnesota Statutes 2002, section 123B.63, 159.5 subdivision 2, is amended to read: 159.6 Subd. 2. [USES OF THE ACCOUNT.] Money in thedown payment159.7 capital project referendum account must be usedas a down159.8paymentfor thefuturecosts of acquisition and betterment for a 159.9 project that has been reviewed under section 123B.71 and has 159.10 been approved according to subdivision 3. 159.11 Sec. 14. Minnesota Statutes 2002, section 123B.63, 159.12 subdivision 3, is amended to read: 159.13 Subd. 3. [FACILITIES DOWN PAYMENTCAPITAL PROJECT LEVY 159.14 REFERENDUM.] A district may levy the local tax rate approved by 159.15 a majority of the electors voting on the question to provide 159.16 fundsfor a down paymentfor an approved project. The election 159.17 must take place no more than five years before the estimated 159.18 date of commencement of the project. The referendum must be 159.19 held on a date set by the board. A referendum for a project not 159.20 receiving a positive review and comment by the commissioner 159.21 under section 123B.71 must be approved by at least 60 percent of 159.22 the voters at the election. The referendum may be called by the 159.23 school board and may be held: 159.24 (1) separately, before an election for the issuance of 159.25 obligations for the project under chapter 475; or 159.26 (2) in conjunction with an election for the issuance of 159.27 obligations for the project under chapter 475; or 159.28 (3) notwithstanding section 475.59, as a conjunctive 159.29 question authorizing both thedown paymentcapital project levy 159.30 and the issuance of obligations for the project under chapter 159.31 475. Any obligations authorized for a project may be issued 159.32 within five years of the date of the election. 159.33 The ballot must provide a general description of the 159.34 proposed project, state the estimated total cost of the project, 159.35 state whether the project has received a positive or negative 159.36 review and comment from the commissioner, state the maximum 160.1 amount of thedown paymentcapital project levy as a percentage 160.2 of net tax capacity, state the amount that will be raised by 160.3 that local tax rate in the first year it is to be levied, and 160.4 state the maximum number of years that the levy authorization 160.5 will apply. 160.6 The ballot must contain a textual portion with the 160.7 information required in this section and a question stating 160.8 substantially the following: 160.9 "Shall thedown paymentcapital project levy proposed by 160.10 the board of .......... School District No. .......... be 160.11 approved?" 160.12 If approved, the amount provided by the approved local tax 160.13 rate applied to the net tax capacity for the year preceding the 160.14 year the levy is certified may be certified for the number of 160.15 years approved. 160.16 In the event a conjunctive question proposes to authorize 160.17 both thedown paymentcapital project levy and the issuance of 160.18 obligations for the project, appropriate language authorizing 160.19 the issuance of obligations must also be included in the 160.20 question. 160.21 The district must notify the commissioner of the results of 160.22 the referendum. 160.23 Sec. 15. Minnesota Statutes 2002, section 123B.63, 160.24 subdivision 4, is amended to read: 160.25 Subd. 4. [EXCESSBUILDING CONSTRUCTION FUNDLEVY 160.26 PROCEEDS.] Any funds remaining in thedown paymentcapital 160.27 project referendum account that are not applied to the payment 160.28 of the costs of the approved project before its final completion 160.29 must be transferred to the district's debt redemption fund. 160.30 Sec. 16. Minnesota Statutes 2002, section 123B.92, 160.31 subdivision 1, is amended to read: 160.32 Subdivision 1. [DEFINITIONS.] For purposes of this section 160.33 and section 125A.76, the terms defined in this subdivision have 160.34 the meanings given to them. 160.35 (a) "Actual expenditure per pupil transported in the 160.36 regular and excess transportation categories" means the quotient 161.1 obtained by dividing: 161.2 (1) the sum of: 161.3 (i) all expenditures for transportation in the regular 161.4 category, as defined in paragraph (b), clause (1), and the 161.5 excess category, as defined in paragraph (b), clause (2), plus 161.6 (ii) an amount equal to one year's depreciation on the 161.7 district's school bus fleet and mobile units computed on a 161.8 straight line basis at the rate of 15 percent per year for 161.9 districts operating a program under section 124D.128 for grades 161.10 1 to 12 for all students in the district and 12-1/2 percent per 161.11 year for other districts of the cost of the fleet, plus 161.12 (iii) an amount equal to one year's depreciation on the 161.13 district's type three school buses, as defined in section 161.14 169.01, subdivision 6, clause (5), which must be used a majority 161.15 of the time for pupil transportation purposes, computed on a 161.16 straight line basis at the rate of 20 percent per year of the 161.17 cost of the type three school buses by: 161.18 (2) the number of pupils eligible for transportation in the 161.19 regular category, as defined in paragraph (b), clause (1), and 161.20 the excess category, as defined in paragraph (b), clause (2). 161.21 (b) "Transportation category" means a category of 161.22 transportation service provided to pupils as follows: 161.23 (1) Regular transportation is: 161.24 (i) transportation to and from school during the regular 161.25 school year for resident elementary pupils residing one mile or 161.26 more from the public or nonpublic school they attend, and 161.27 resident secondary pupils residing two miles or more from the 161.28 public or nonpublic school they attend, excluding desegregation 161.29 transportation and noon kindergarten transportation; but with 161.30 respect to transportation of pupils to and from nonpublic 161.31 schools, only to the extent permitted by sections 123B.84 to 161.32 123B.87; 161.33 (ii) transportation of resident pupils to and from language 161.34 immersion programs; 161.35 (iii) transportation of a pupil who is a custodial parent 161.36 and that pupil's child between the pupil's home and the child 162.1 care provider and between the provider and the school, if the 162.2 home and provider are within the attendance area of the school; 162.3and162.4 (iv) transportation to and from or board and lodging in 162.5 another district, of resident pupils of a district without a 162.6 secondary school; and 162.7 (v) transportation to and from school during the regular 162.8 school year required under subdivision 3 for nonresident 162.9 elementary pupils when the distance from the attendance area 162.10 border to the public school is one mile or more, and for 162.11 nonresident secondary pupils when the distance from the 162.12 attendance area border to the public school is two miles or 162.13 more, excluding desegregation transportation and noon 162.14 kindergarten transportation. 162.15 For the purposes of this paragraph, a district may 162.16 designate a licensed day care facility, respite care facility, 162.17 the residence of a relative, or the residence of a person chosen 162.18 by the pupil's parent or guardian as the home of a pupil for 162.19 part or all of the day, if requested by the pupil's parent or 162.20 guardian, and if that facility or residence is within the 162.21 attendance area of the school the pupil attends. 162.22 (2) Excess transportation is: 162.23 (i) transportation to and from school during the regular 162.24 school year for resident secondary pupils residing at least one 162.25 mile but less than two miles from the public or nonpublic school 162.26 they attend, and transportation to and from school for resident 162.27 pupils residing less than one mile from school who are 162.28 transported because of extraordinary traffic, drug, or crime 162.29 hazards; and 162.30 (ii) transportation to and from school during the regular 162.31 school year required under subdivision 3 for nonresident 162.32 secondary pupils when the distance from the attendance area 162.33 border to the school is at least one mile but less than two 162.34 miles from the public school they attend, and for nonresident 162.35 pupils when the distance from the attendance area border to the 162.36 school is less than one mile from the school and who are 163.1 transported because of extraordinary traffic, drug, or crime 163.2 hazards. 163.3 (3) Desegregation transportation is transportation within 163.4 and outside of the district during the regular school year of 163.5 pupils to and from schools located outside their normal 163.6 attendance areas under a plan for desegregation mandated by the 163.7 commissioner or under court order. 163.8 (4) "Transportation services for pupils with disabilities" 163.9 is: 163.10 (i) transportation of pupils with disabilities who cannot 163.11 be transported on a regular school bus between home or a respite 163.12 care facility and school; 163.13 (ii) necessary transportation of pupils with disabilities 163.14 from home or from school to other buildings, including centers 163.15 such as developmental achievement centers, hospitals, and 163.16 treatment centers where special instruction or services required 163.17 by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 163.18 are provided, within or outside the district where services are 163.19 provided; 163.20 (iii) necessary transportation for resident pupils with 163.21 disabilities required by sections 125A.12, and 125A.26 to 163.22 125A.48; 163.23 (iv) board and lodging for pupils with disabilities in a 163.24 district maintaining special classes; 163.25 (v) transportation from one educational facility to another 163.26 within the district for resident pupils enrolled on a 163.27 shared-time basis in educational programs, and necessary 163.28 transportation required by sections 125A.18, and 125A.26 to 163.29 125A.48, for resident pupils with disabilities who are provided 163.30 special instruction and services on a shared-time basis; 163.31 (vi) transportation for resident pupils with disabilities 163.32 to and from board and lodging facilities when the pupil is 163.33 boarded and lodged for educational purposes; and 163.34 (vii) services described in clauses (i) to (vi), when 163.35 provided for pupils with disabilities in conjunction with a 163.36 summer instructional program that relates to the pupil's 164.1 individual education plan or in conjunction with a learning year 164.2 program established under section 124D.128. 164.3 (5) "Nonpublic nonregular transportation" is: 164.4 (i) transportation from one educational facility to another 164.5 within the district for resident pupils enrolled on a 164.6 shared-time basis in educational programs, excluding 164.7 transportation for nonpublic pupils with disabilities under 164.8 clause (4); 164.9 (ii) transportation within district boundaries between a 164.10 nonpublic school and a public school or a neutral site for 164.11 nonpublic school pupils who are provided pupil support services 164.12 pursuant to section 123B.44; and 164.13 (iii) late transportation home from school or between 164.14 schools within a district for nonpublic school pupils involved 164.15 in after-school activities. 164.16 (c) "Mobile unit" means a vehicle or trailer designed to 164.17 provide facilities for educational programs and services, 164.18 including diagnostic testing, guidance and counseling services, 164.19 and health services. A mobile unit located off nonpublic school 164.20 premises is a neutral site as defined in section 123B.41, 164.21 subdivision 13. 164.22 Sec. 17. Minnesota Statutes 2002, section 123B.92, 164.23 subdivision 3, is amended to read: 164.24 Subd. 3. [ALTERNATIVE ATTENDANCE PROGRAMS.] A district 164.25 that enrolls nonresident pupils in programs under sections 164.26 124D.03, 124D.06,124D.07,124D.08, 123A.05 to 123A.08, and 164.27 124D.68, must provide authorized transportation to the pupil 164.28 within the attendance area for the school that the pupil attends 164.29 at the same level of service that is provided to resident pupils 164.30 within the attendance area. The resident district need not 164.31 provide or pay for transportation between the pupil's residence 164.32 and the district's border. 164.33 Sec. 18. Minnesota Statutes 2002, section 124D.09, 164.34 subdivision 9, is amended to read: 164.35 Subd. 9. [ENROLLMENT PRIORITY.] A post-secondary 164.36 institution shall give priority to its post-secondary students 165.1 when enrolling 11th and 12th grade pupils in its courses. A 165.2 post-secondary institution may provide information about its 165.3 programs to a secondary school or to a pupil or parent, but it 165.4 may not advertise or otherwise recruit or solicit the 165.5 participationon financial grounds,of secondary pupils to 165.6 enroll in its programs on financial grounds. An institution 165.7 must not enroll secondary pupils, for post-secondary enrollment 165.8 options purposes, in remedial, developmental, or other courses 165.9 that are not college level. Once a pupil has been enrolled in a 165.10 post-secondary course under this section, the pupil shall not be 165.11 displaced by another student. 165.12 Sec. 19. Minnesota Statutes 2002, section 124D.09, 165.13 subdivision 10, is amended to read: 165.14 Subd. 10. [COURSES ACCORDING TO AGREEMENTS.] An eligible 165.15 pupil, according to subdivision45, may enroll in a 165.16 nonsectarian course taught by a secondary teacher or a 165.17 post-secondary faculty member and offered at a secondary school, 165.18 or another location, according to an agreement between a public 165.19 school board and the governing body of an eligible public 165.20 post-secondary system or an eligible private post-secondary 165.21 institution, as defined in subdivision 3. All provisions of 165.22 this section shall apply to a pupil, public school board, 165.23 district, and the governing body of a post-secondary 165.24 institution, except as otherwise provided. 165.25 Sec. 20. Minnesota Statutes 2002, section 124D.09, 165.26 subdivision 16, is amended to read: 165.27 Subd. 16. [FINANCIAL ARRANGEMENTS FOR COURSES PROVIDED 165.28 ACCORDING TO AGREEMENTS.] (a) The agreement between a board and 165.29 the governing body of a public post-secondary system or private 165.30 post-secondary institution shall set forth the payment amounts 165.31 and arrangements, if any, from the board to the post-secondary 165.32 institution. No payments shall be made by the department 165.33 according to subdivision1413 or 15. For the purpose of 165.34 computing state aids for a district, a pupil enrolled according 165.35 to subdivision 10 shall be counted in the average daily 165.36 membership of the district as though the pupil were enrolled in 166.1 a secondary course that is not offered in connection with an 166.2 agreement. Nothing in this subdivision shall be construed to 166.3 prohibit a public post-secondary system or private 166.4 post-secondary institution from receiving additional state 166.5 funding that may be available under any other law. 166.6 (b) If a course is provided under subdivision 10, offered 166.7 at a secondary school, and taught by a secondary teacher, the 166.8 post-secondary system or institution must not require a payment 166.9 from the school board that exceeds the cost to the 166.10 post-secondary institution that is directly attributable to 166.11 providing that course. 166.12 Sec. 21. Minnesota Statutes 2002, section 124D.11, 166.13 subdivision 1, is amended to read: 166.14 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) General 166.15 education revenue must be paid to a charter school as though it 166.16 were a district. The general education revenue for each 166.17 adjusted marginal cost pupil unit is the state average general 166.18 education revenue per pupil unit, plus the referendum 166.19 equalization aid allowance in the pupil's district of residence, 166.20 minus an amount equal to the product of the formula allowance 166.21 according to section 126C.10, subdivision 2, times .0485, 166.22 calculated without basic skills revenue, and transportation 166.23 sparsity revenue,and the transportation portion of the166.24transition revenue adjustment,plus basic skills revenue as 166.25 though the school were a school district. 166.26 (b) Notwithstanding paragraph (a), for charter schools in 166.27 the first year of operation, general education revenue shall be 166.28 computed using the number of adjusted pupil units in the current 166.29 fiscal year. 166.30 Sec. 22. Minnesota Statutes 2002, section 124D.11, 166.31 subdivision 2, is amended to read: 166.32 Subd. 2. [TRANSPORTATION REVENUE.] Transportation revenue 166.33 must be paid to a charter school that provides transportation 166.34 services according to section 124D.10, subdivision 16, according 166.35 to this subdivision. Transportation aid shall equal 166.36 transportation revenue. 167.1 In addition to the revenue under subdivision 1, a charter 167.2 school providing transportation services must receive general 167.3 education aid for each pupil unit equal to the sum of an amount 167.4 equal to the product of the formula allowance according to 167.5 section 126C.10, subdivision 2, times .0485, plus the 167.6 transportation sparsity allowance for the school district in 167.7 which the charter school is located, plus the transportation167.8transition allowance for the district in which the charter167.9school is located. 167.10 Sec. 23. Minnesota Statutes 2002, section 124D.19, 167.11 subdivision 3, is amended to read: 167.12 Subd. 3. [COMMUNITY EDUCATION DIRECTOR.] (a) Except as 167.13 provided under paragraphs (b) and (c), each board shall employ a 167.14 licensed community education director. The board shall submit 167.15 the name of the person who is serving as director of community 167.16 education under this section on the district's annual community 167.17 education report to the commissioner. 167.18 (b) A board may apply to thecommissionerMinnesota board 167.19 of school administrators under Minnesota Rules, part 3512.3500, 167.20 subpart 9, for authority to use an individual who is not 167.21 licensed as a community education director. 167.22 (c) A board of a district with a total population of 2,000 167.23 or less may identify an employee who holds a valid Minnesota 167.24 principal or superintendent license under Minnesota Rules, 167.25 chapter 3512, to serve as director of community education. To 167.26 be eligible for an exception under this paragraph, the board 167.27 shall certify in writing to the commissioner that the district 167.28 has not placed a licensed director of community education on 167.29 unrequested leave. 167.30 Sec. 24. Minnesota Statutes 2002, section 124D.20, 167.31 subdivision 5, is amended to read: 167.32 Subd. 5. [TOTAL COMMUNITY EDUCATION LEVY.] To obtain total 167.33 community education revenue, a district operating a youth 167.34 after-school enrichment program under section 124D.19, 167.35 subdivision 12, may levy the amount raised by a maximum tax rate 167.36 of.74311.0017 percent times the adjusted net tax capacity of 168.1 the district. To obtain total community education revenue, a 168.2 district not operating a youth after-school enrichment program 168.3 may levy the amount raised by a maximum tax rate of.4795.6463 168.4 percent times the adjusted net tax capacity of the district. If 168.5 the amount of the total community education levy would exceed 168.6 the total community education revenue, the total community 168.7 education levy shall be determined according to subdivision 6. 168.8 Sec. 25. Minnesota Statutes 2002, section 124D.22, 168.9 subdivision 3, is amended to read: 168.10 Subd. 3. [SCHOOL-AGE CARE LEVY.] To obtain school-age care 168.11 revenue, a school district may levy an amount equal to the 168.12 district's school-age care revenue as defined in subdivision 2 168.13 multiplied by the lesser of one, or the ratio of the quotient 168.14 derived by dividing the adjusted net tax capacity of the 168.15 district for the year before the year the levy is certified by 168.16 the resident pupil units in the district for the school year to 168.17 which the levy is attributable, to$3,280$2,433. 168.18 Sec. 26. Minnesota Statutes 2002, section 124D.454, 168.19 subdivision 8, is amended to read: 168.20 Subd. 8. [USE OF AID.] The aid provided under this section 168.21 shall be paid only for services rendered or for the costs which 168.22 are incurred according to this section for transition programs 168.23 for children with a disability which are approved by the 168.24 commissioner of children, families, and learning and operated in 168.25 accordance with rules promulgated by the commissioner. These 168.26 rules shall be subject to the restrictions provided insection168.27124D.453,subdivision612. The procedure for application for 168.28 approval of these programs shall be as provided in section 168.29 125A.75, subdivisions 4 and 6, and the application review 168.30 process shall be conducted by theofficedivision oflifework168.31developmentfederal programs in the department. 168.32 Sec. 27. Minnesota Statutes 2002, section 124D.86, 168.33 subdivision 1a, is amended to read: 168.34 Subd. 1a. [BUDGET APPROVAL PROCESS.] Each year before a 168.35 district receives any revenue under subdivision 3, clause (4), 168.36 (5), or (6), the district must submit to the department of 169.1 children, families, and learning, for its review and approval a 169.2 budget detailing the costs of the desegregation/integration plan 169.3 filed under Minnesota Rules, parts 3535.0100 to 3535.0180. 169.4 Notwithstanding chapter 14, the department may develop criteria 169.5 for budget approval. The department shall consult with the 169.6 desegregation advisory board in developing these criteria. The 169.7 criteria developed by the department should address, at a 169.8 minimum, the following: 169.9 (1) budget items cannot be approved unless they are part of 169.10 any overall desegregation plan approved by the district for 169.11 isolated sites or by the multidistrict collaboration council and 169.12 participation individual members; 169.13 (2) the budget must indicate how revenue expenditures will 169.14 be used specifically to support increased opportunities for 169.15 interracial contact; 169.16 (3) components of the budget to be considered by the 169.17 department, including staffing, curriculum, transportation, 169.18 facilities, materials, and equipment and reasonable planning 169.19 costs, as determined by the department; and 169.20 (4) if plans are proposed to enhance existing programs, the 169.21 total budget being appropriated to the program must be included, 169.22 indicating what part is to be funded using integration revenue 169.23 and what part is to be funded using other revenues. 169.24 [EFFECTIVE DATE.] This section is effective for revenue for 169.25 fiscal year 2003 and later. 169.26 Sec. 28. Minnesota Statutes 2002, section 124D.86, 169.27 subdivision 3, is amended to read: 169.28 Subd. 3. [INTEGRATION REVENUE.] Integration revenue equals 169.29 the following amounts: 169.30 (1) for independent school district No. 709, Duluth, $207 169.31 times the adjusted pupil units for the school year; 169.32 (2) for independent school district No. 625, St. Paul, $446 169.33 times the adjusted pupil units for the school year; 169.34 (3) for special school district No. 1, Minneapolis, the sum 169.35 of $446 times the adjusted pupil units for the school year and 169.36 an additional $35 times the adjusted pupil units for the school 170.1 year that is provided entirely through a local levy; 170.2 (4) for a district not listed in clause (1), (2), or (3), 170.3 that must implement a plan under Minnesota Rules, parts 170.4 3535.0100 to 3535.0180, where the district's enrollment of 170.5 protected students, as defined under Minnesota Rules, part 170.6 3535.0110, exceeds 15 percent, the lesser of (i) the actual cost 170.7 of implementing the plan during the fiscal year minus the aid 170.8 received under subdivision 6, or (ii) $130 times the adjusted 170.9 pupil units for the school year; 170.10 (5) for a district not listed in clause (1), (2), (3), or 170.11 (4), that is required to implement a plan according to the 170.12 requirements of Minnesota Rules, parts 3535.0100 to 3535.0180, 170.13 the lesser of 170.14 (i) the actual cost of implementing the plan during the 170.15 fiscal year minus the aid received under subdivision 6, or 170.16 (ii) $93 times the adjusted pupil units for the school year. 170.17 Any money received by districts in clauses (1) to(4)(3) 170.18 which exceeds the amount received in fiscal year 2000 shall be 170.19 subject to the budget requirements in subdivision 1a; and 170.20 (6) for a member district of a multidistrict integration 170.21 collaborative that files a plan with the commissioner, but is 170.22 not contiguous to a racially isolated district, integration 170.23 revenue equals the amount defined in clause (5). 170.24 [EFFECTIVE DATE.] This section is effective for fiscal year 170.25 2003 and later. 170.26 Sec. 29. Minnesota Statutes 2002, section 124D.86, 170.27 subdivision 6, is amended to read: 170.28 Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The 170.29 integration aid under subdivision 5 must be adjusted for each 170.30 pupil residing in a district eligible for integration revenue 170.31 under subdivision 3, clause (1), (2), or (3), and attending a 170.32 nonresident district under sections 123A.05 to 123A.08, 124D.03, 170.33 124D.06,124D.07,and 124D.08, that is not eligible for 170.34 integration revenue under subdivision 3, clause (1), (2), or 170.35 (3), and has implemented a plan under Minnesota Rules, parts 170.36 3535.0100 to 3535.0180, if the enrollment of the pupil in the 171.1 nonresident district contributes to desegregation or integration 171.2 purposes. The adjustments must be made according to this 171.3 subdivision. 171.4 (b) Aid paid to a district serving nonresidents must be 171.5 increased by an amount equal to the revenue per pupil unit of 171.6 the resident district under subdivision 3, clause 171.7 (1),or (2),or (3),minus the revenue attributable to the pupil 171.8 in the nonresident district under subdivision 3, clause (4), 171.9 (5), or (6), for the time the pupil is enrolled in the 171.10 nonresident district. 171.11 [EFFECTIVE DATE.] This section is effective for fiscal year 171.12 2003 and later. 171.13 Sec. 30. Minnesota Statutes 2002, section 125A.21, 171.14 subdivision 2, is amended to read: 171.15 Subd. 2. [THIRD PARTY REIMBURSEMENT.] (a) Beginning July 171.16 1, 2000, districts shall seek reimbursement from insurers and 171.17 similar third parties for the cost of services provided by the 171.18 district whenever the services provided by the district are 171.19 otherwise covered by the child's health coverage. Districts 171.20 shall request, but may not require, the child's family to 171.21 provide information about the child's health coverage when a 171.22 child with a disability begins to receive services from the 171.23 district of a type that may be reimbursable, and shall request, 171.24 but may not require, updated information after that as needed. 171.25 (b) For children enrolled in medical assistance under 171.26 chapter 256B or MinnesotaCare under chapter 256L who have no 171.27 other health coverage, a district shall provide an initial 171.28 written notice to the enrolled child's parent or legal 171.29 representative of its intent to seek reimbursement from medical 171.30 assistance or MinnesotaCare for the individual education plan 171.31 health-related services provided by the district. 171.32 (c) The district shall give the parent or legal 171.33 representative annual written notice of: 171.34 (1) the district's intent to seek reimbursement from 171.35 medical assistance or MinnesotaCare for individual education 171.36 plan health-related services provided by the district; 172.1 (2) the right of the parent or legal representative to 172.2 request a copy of all records concerning individual education 172.3 plan health-related services disclosed by the district to any 172.4 third party; and 172.5 (3) the right of the parent or legal representative to 172.6 withdraw consent for disclosure of a child's records at any time 172.7 without consequence. 172.8 The written notice shall be provided as part of the written 172.9 notice required by Code of Federal Regulations, title 34, 172.10 section300.503300.504. 172.11 (d) In order to access the private health care coverage of 172.12 a child who is covered by private health care coverage in whole 172.13 or in part, a district must: 172.14 (1) obtain annual written informed consent from the parent 172.15 or legal representative, in compliance with subdivision 5; and 172.16 (2) inform the parent or legal representative that a 172.17 refusal to permit the district or state Medicaid agency to 172.18 access their private health care coverage does not relieve the 172.19 district of its responsibility to provide all services necessary 172.20 to provide free and appropriate public education at no cost to 172.21 the parent or legal representative. 172.22 (e) If the commissioner of human services obtains federal 172.23 approval to exempt covered individual education plan 172.24 health-related services from the requirement that private health 172.25 care coverage refuse payment before medical assistance may be 172.26 billed, paragraphs (b), (c), and (d) shall also apply to 172.27 students with a combination of private health care coverage and 172.28 health care coverage through medical assistance or MinnesotaCare. 172.29 (f) In the event that Congress or any federal agency or the 172.30 Minnesota legislature or any state agency establishes lifetime 172.31 limits, limits for any health care services, cost-sharing 172.32 provisions, or otherwise provides that individual education plan 172.33 health-related services impact benefits for persons enrolled in 172.34 medical assistance or MinnesotaCare, the amendments to this 172.35 subdivision adopted in 2002 are repealed on the effective date 172.36 of any federal or state law or regulation that imposes the 173.1 limits. In that event, districts must obtain informed consent 173.2 consistent with this subdivision as it existed prior to the 2002 173.3 amendments and subdivision 5, before seeking reimbursement for 173.4 children enrolled in medical assistance under chapter 256B or 173.5 MinnesotaCare under chapter 256L who have no other health care 173.6 coverage. 173.7 Sec. 31. Minnesota Statutes 2002, section 126C.10, 173.8 subdivision 6, is amended to read: 173.9 Subd. 6. [DEFINITIONS.] The definitions in this 173.10 subdivision apply only to subdivisions 7 and 8. 173.11 (a) "High school" means a secondary school that has pupils 173.12 enrolled in at least the 10th, 11th, and 12th grades.If there173.13is no secondary school in the district that has pupils enrolled173.14in at least the 10th, 11th, and 12th grades, and the school is173.15at least 19 miles from the next nearest school, the commissioner173.16must designate one school in the district as a high school for173.17the purposes of this section.173.18 (b) "Secondary average daily membership" means, for a 173.19 district that has only one high school, the average daily 173.20 membership of pupils served in grades 7 through 12. For a 173.21 district that has more than one high school, "secondary average 173.22 daily membership" for each high school means the product of the 173.23 average daily membership of pupils served in grades 7 through 12 173.24 in the high school, times the ratio of six to the number of 173.25 grades in the high school. 173.26 (c) "Attendance area" means the total surface area of the 173.27 district, in square miles, divided by the number of high schools 173.28 in the district. For a district that does not operate a high 173.29 school and is less than 19 miles from the nearest operating high 173.30 school, the attendance area equals zero. 173.31 (d) "Isolation index" for a high school means the square 173.32 root of 55 percent of the attendance area plus the distance in 173.33 miles, according to the usually traveled routes, between the 173.34 high school and the nearest high school. For a district in 173.35 which there is located land defined in section 84A.01, 84A.20, 173.36 or 84A.31, the distance in miles is the sum of: 174.1 (1) the square root of one-half of the attendance area; and 174.2 (2) the distance from the border of the district to the 174.3 nearest high school. 174.4 (e) "Qualifying high school" means a high school that has 174.5 an isolation index greater than 23 and that has secondary 174.6 average daily membership of less than 400. 174.7 (f) "Qualifying elementary school" means an elementary 174.8 school that is located 19 miles or more from the nearest 174.9 elementary school or from the nearest elementary school within 174.10 the district and, in either case, has an elementary average 174.11 daily membership of an average of 20 or fewer per grade. 174.12 (g) "Elementary average daily membership" means, for a 174.13 district that has only one elementary school, the average daily 174.14 membership of pupils served in kindergarten through grade 6. 174.15 For a district that has more than one elementary school, 174.16 "average daily membership" for each school means the average 174.17 daily membership of pupils served in kindergarten through grade 174.18 6 multiplied by the ratio of seven to the number of grades in 174.19 the elementary school. 174.20 Sec. 32. Minnesota Statutes 2002, section 126C.15, 174.21 subdivision 1, is amended to read: 174.22 Subdivision 1. [USE OF THE REVENUE.] The basic skills 174.23 revenue under section 126C.10, subdivision 4,and the portion of174.24the transition revenue adjustment under section 126C.10,174.25subdivision 20, attributable to the compensatory transition174.26allowance under section 126C.10, subdivision 19, paragraph (b),174.27 must be reserved and used to meet the educational needs of 174.28 pupils who enroll under-prepared to learn and whose progress 174.29 toward meeting state or local content or performance standards 174.30 is below the level that is appropriate for learners of their 174.31 age. Any of the following may be provided to meet these 174.32 learners' needs: 174.33 (1) direct instructional services under the assurance of 174.34 mastery program according to section 124D.66; 174.35 (2) remedial instruction in reading, language arts, 174.36 mathematics, other content areas, or study skills to improve the 175.1 achievement level of these learners; 175.2 (3) additional teachers and teacher aides to provide more 175.3 individualized instruction to these learners through individual 175.4 tutoring, lower instructor-to-learner ratios, or team teaching; 175.5 (4) a longer school day or week during the regular school 175.6 year or through a summer program that may be offered directly by 175.7 the site or under a performance-based contract with a 175.8 community-based organization; 175.9 (5) comprehensive and ongoing staff development consistent 175.10 with district and site plans according to section 122A.60, for 175.11 teachers, teacher aides, principals, and other personnel to 175.12 improve their ability to identify the needs of these learners 175.13 and provide appropriate remediation, intervention, 175.14 accommodations, or modifications; 175.15 (6) instructional materials and technology appropriate for 175.16 meeting the individual needs of these learners; 175.17 (7) programs to reduce truancy, encourage completion of 175.18 high school, enhance self-concept, provide health services, 175.19 provide nutrition services, provide a safe and secure learning 175.20 environment, provide coordination for pupils receiving services 175.21 from other governmental agencies, provide psychological services 175.22 to determine the level of social, emotional, cognitive, and 175.23 intellectual development, and provide counseling services, 175.24 guidance services, and social work services; 175.25 (8) bilingual programs, bicultural programs, and programs 175.26 for learners of limited English proficiency; 175.27 (9) all day kindergarten; 175.28 (10) extended school day and extended school year programs; 175.29 and 175.30 (11) substantial parent involvement in developing and 175.31 implementing remedial education or intervention plans for a 175.32 learner, including learning contracts between the school, the 175.33 learner, and the parent that establish achievement goals and 175.34 responsibilities of the learner and the learner's parent or 175.35 guardian. 175.36 Sec. 33. Minnesota Statutes 2002, section 126C.17, 176.1 subdivision 9, is amended to read: 176.2 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized 176.3 by section 126C.10, subdivision 1, may be increased in the 176.4 amount approved by the voters of the district at a referendum 176.5 called for the purpose. The referendum may be called by the 176.6 board or shall be called by the board upon written petition of 176.7 qualified voters of the district. The referendum must be 176.8 conducted one or two calendar years before the increased levy 176.9 authority, if approved, first becomes payable. Only one 176.10 election to approve an increase may be held in a calendar year. 176.11 Unless the referendum is conducted by mail under paragraph (g), 176.12 the referendum must be held on the first Tuesday after the first 176.13 Monday in November. The ballot must state the maximum amount of 176.14 the increased revenue per resident marginal cost pupil unit, the 176.15 estimated referendum tax rate as a percentage of referendum 176.16 market value in the first year it is to be levied, and that the 176.17 revenue must be used to finance school operations. The ballot 176.18 may state a schedule, determined by the board, of increased 176.19 revenue per resident marginal cost pupil unit that differs from 176.20 year to year over the number of years for which the increased 176.21 revenue is authorized. If the ballot contains a schedule 176.22 showing different amounts, it must also indicate the estimated 176.23 referendum tax rate as a percent of referendum market value for 176.24 the amount specified for the first year and for the maximum 176.25 amount specified in the schedule. The ballot may state that 176.26 existing referendum levy authority is expiring. In this case, 176.27 the ballot may also compare the proposed levy authority to the 176.28 existing expiring levy authority, and express the proposed 176.29 increase as the amount, if any, over the expiring referendum 176.30 levy authority. The ballot must designate the specific number 176.31 of years, not to exceed ten, for which the referendum 176.32 authorization applies. The notice required under section 275.60 176.33 may be modified to read, in cases of renewing existing levies: 176.34 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 176.35 FOR A PROPERTY TAX INCREASE." 176.36 The ballot may contain a textual portion with the 177.1 information required in this subdivision and a question stating 177.2 substantially the following: 177.3 "Shall the increase in the revenue proposed by (petition 177.4 to) the board of ........., School District No. .., be approved?" 177.5 If approved, an amount equal to the approved revenue per 177.6 resident marginal cost pupil unit times the resident marginal 177.7 cost pupil units for the school year beginning in the year after 177.8 the levy is certified shall be authorized for certification for 177.9 the number of years approved, if applicable, or until revoked or 177.10 reduced by the voters of the district at a subsequent referendum. 177.11 (b) The board must prepare and deliver by first class mail 177.12 at least 15 days but no more than 30 days before the day of the 177.13 referendum to each taxpayer a notice of the referendum and the 177.14 proposed revenue increase. The board need not mail more than 177.15 one notice to any taxpayer. For the purpose of giving mailed 177.16 notice under this subdivision, owners must be those shown to be 177.17 owners on the records of the county auditor or, in any county 177.18 where tax statements are mailed by the county treasurer, on the 177.19 records of the county treasurer. Every property owner whose 177.20 name does not appear on the records of the county auditor or the 177.21 county treasurer is deemed to have waived this mailed notice 177.22 unless the owner has requested in writing that the county 177.23 auditor or county treasurer, as the case may be, include the 177.24 name on the records for this purpose. The notice must project 177.25 the anticipated amount of tax increase in annual dollars and 177.26 annual percentage for typical residential homesteads, 177.27 agricultural homesteads, apartments, and commercial-industrial 177.28 property within the school district. 177.29 The notice for a referendum may state that an existing 177.30 referendum levy is expiring and project the anticipated amount 177.31 of increase over the existing referendum levy in the first year, 177.32 if any, in annual dollars and annual percentage for typical 177.33 residential homesteads, agricultural homesteads, apartments, and 177.34 commercial-industrial property within the district. 177.35 The notice must include the following statement: "Passage 177.36 of this referendum will result in an increase in your property 178.1 taxes." However, in cases of renewing existing levies, the 178.2 notice may include the following statement: "Passage of this 178.3 referendum may result in an increase in your property taxes." 178.4 (c) A referendum on the question of revoking or reducing 178.5 the increased revenue amount authorized pursuant to paragraph 178.6 (a) may be called by the board and shall be called by the board 178.7 upon the written petition of qualified voters of the district. 178.8 A referendum to revoke or reduce thelevyrevenue amount mustbe178.9based upon the dollar amount, local tax rate, orstate the 178.10 amount per resident marginal cost pupil unit, that was stated to178.11be the basis for the initial authorizationby which the 178.12 authority is to be reduced. Revenue authority approved by the 178.13 voters of the district pursuant to paragraph (a) must 178.14 bereceivedavailable to the school district at least once 178.15 before it is subject to a referendum on its revocation or 178.16 reduction for subsequent years. Only one revocation or 178.17 reduction referendum may be held to revoke or reduce referendum 178.18 revenue for any specific year and for years thereafter. 178.19 (d) A petition authorized by paragraph (a) or (c) is 178.20 effective if signed by a number of qualified voters in excess of 178.21 15 percent of the registered voters of the district on the day 178.22 the petition is filed with the board. A referendum invoked by 178.23 petition must be held on the date specified in paragraph (a). 178.24 (e) The approval of 50 percent plus one of those voting on 178.25 the question is required to pass a referendum authorized by this 178.26 subdivision. 178.27 (f) At least 15 days before the day of the referendum, the 178.28 district must submit a copy of the notice required under 178.29 paragraph (b) to the commissioner and to the county auditor of 178.30 each county in which the district is located. Within 15 days 178.31 after the results of the referendum have been certified by the 178.32 board, or in the case of a recount, the certification of the 178.33 results of the recount by the canvassing board, the district 178.34 must notify the commissioner of the results of the referendum. 178.35 Sec. 34. Minnesota Statutes 2002, section 126C.21, 178.36 subdivision 3, is amended to read: 179.1 Subd. 3. [COUNTY APPORTIONMENT DEDUCTION.] Each year the 179.2 amount of money apportioned to a district for that year pursuant 179.3 to section 127A.34, subdivision 2,excluding any district where179.4the general education levy is determined according to section179.5126C.13, subdivision 3,must be deducted from the general 179.6 education aid earned by that district for the same year or from 179.7 aid earned from other state sources. 179.8 Sec. 35. Minnesota Statutes 2002, section 126C.42, 179.9 subdivision 1, is amended to read: 179.10 Subdivision 1. [1977 STATUTORY OPERATING DEBT.] (a) In 179.11 each year in which so required by this subdivision, a district 179.12 must make an additional levy to eliminate its statutory 179.13 operating debt, determined as of June 30, 1977, and certified 179.14 and adjusted by the commissioner. This levy shall not be made 179.15 in more than 30 successive years and each year before it is 179.16 made, it must be approved by the commissioner and the approval 179.17 shall specify its amount. This levy shall be an amount which is 179.18 equal to the amount raised by a levy of a net tax rate of1.98179.19 2.67 percent times the adjusted net tax capacity of the district 179.20 for the preceding year for taxes payable in20002002 and 179.21 thereafter; provided that in the last year in which the district 179.22 is required to make this levy, it must levy an amount not to 179.23 exceed the amount raised by a levy of a net tax rate of1.98179.24 2.67 percent times the adjusted net tax capacity of the district 179.25 for the preceding year for taxes payable in20002002 and 179.26 thereafter. When the sum of the cumulative levies made pursuant 179.27 to this subdivision and transfers made according to section 179.28 123B.79, subdivision 6, equals an amount equal to the statutory 179.29 operating debt of the district, the levy shall be discontinued. 179.30 (b) The district must establish a special account in the 179.31 general fund which shall be designated "appropriated fund 179.32 balance reserve account for purposes of reducing statutory 179.33 operating debt" on its books and records. This account shall 179.34 reflect the levy authorized pursuant to this subdivision. The 179.35 proceeds of this levy must be used only for cash flow 179.36 requirements and must not be used to supplement district 180.1 revenues or income for the purposes of increasing the district's 180.2 expenditures or budgets. 180.3 (c)Any district which is required to levy pursuant to this180.4subdivision must certify the maximum levy allowable under180.5section 126C.13, subdivision 2, in that same year.180.6(d)Each district shall make permanent fund balance 180.7 transfers so that the total statutory operating debt of the 180.8 district is reflected in the general fund as of June 30, 1977. 180.9 Sec. 36. Minnesota Statutes 2002, section 126C.48, 180.10 subdivision 3, is amended to read: 180.11 Subd. 3. [ADJUSTMENTS.] If any district levy is found to 180.12 be excessive as a result of a decision of the tax court or a 180.13 redetermination by the commissioner of revenue under section 180.14 127A.48, subdivisions 7 to 16, or for any other reason, the 180.15 amount of the excess shall be deducted from the levy certified 180.16 in the next year for the same purpose. If no levy is certified 180.17 in the next year for the same purpose or if the amount certified 180.18 is less than the amount of the excess, the excess must be 180.19 deducted from that levy and the general fund levy certified 180.20 pursuant tosection 126C.13, subdivision 2chapters 122A, 123A, 180.21 123B, 124D, and 126C. If the amount of any aid would have been 180.22 increased in a prior year as a result of a decision of the tax 180.23 court or a redetermination by the commissioner of revenue, the 180.24 amount of the increase shall be added to the amount of current 180.25 aid for the same purposes. 180.26 Sec. 37. Minnesota Statutes 2002, section 126C.63, 180.27 subdivision 5, is amended to read: 180.28 Subd. 5. [LEVY.] "Levy" means a district's net debt 180.29 service levy after the reduction of debt service equalization 180.30 aid under section 123B.53, subdivision 6. For taxes payable in 180.3119942003 and later, each district's maximum effort debt service 180.32 levy for purposes of subdivision 8, must be reduced by an equal 180.33 number of percentage points if the commissioner of finance 180.34 determines that the levy reduction will not result in 180.35 astatewide property taxpayment from the general fund in the 180.36 state treasury according to section 16A.641, as would be 181.1 required under Minnesota Statutes1992, section124.46126C.72, 181.2 subdivision 3. A district's levy that is adjusted under this 181.3 section must not be reduced below22.330.1 percent of the 181.4 district's adjusted net tax capacity. 181.5 Sec. 38. Minnesota Statutes 2002, section 126C.63, 181.6 subdivision 8, is amended to read: 181.7 Subd. 8. [MAXIMUM EFFORT DEBT SERVICE LEVY.] (a) "Maximum 181.8 effort debt service levy" means the lesser of: 181.9 (1) a levy in whichever of the following amounts is 181.10 applicable: 181.11(a)(i) in any district receiving a debt service loan for a 181.12 debt service levy payable in 2002 and thereafter, or granted a 181.13 capital loan after January 1,20012002, a levy in total dollar 181.14 amount computed at a rate of3040 percent of adjusted net tax 181.15 capacity for taxes payable in 2002 and thereafter; 181.16(b)(ii) in any district receiving a debt service loan for 181.17 a debt service levy payable in1991 and thereafter2001 or 181.18 earlier, or granted a capital loanafterbefore January1181.19 2,19902001, a levy in a total dollar amount computed at a rate 181.20 of2432 percent of adjusted net tax capacity for taxes payable 181.21 in19912002 and thereafter; 181.22(c) in any district granted a debt service loan after July181.2331, 1981, or granted a capital loan which is approved after July181.2431, 1981, a levy in a total dollar amount computed as a tax rate181.25of 21.92 percent on the adjusted net tax capacity for taxes181.26payable in 1991 and thereafter;or 181.27 (2) a levy in any district for which a capital loan was 181.28 approved prior to August 1, 1981, a levy in a total dollar 181.29 amount equal to the sum of the amount of the required debt 181.30 service levy and an amount which when levied annually will in 181.31 the opinion of the commissioner be sufficient to retire the 181.32 remaining interest and principal on any outstanding loans from 181.33 the state within 30 years of the original date when the capital 181.34 loan was granted. 181.35 (b) The board in any district affected by the provisions of 181.36 paragraph (a), clause (2), may elect instead to determine the 182.1 amount of its levy according to the provisions of paragraph (a), 182.2 clause (1). If a district's capital loan is not paid within 30 182.3 years because it elects to determine the amount of its levy 182.4 according to the provisions of paragraph (a), clause (2), the 182.5 liability of the district for the amount of the difference 182.6 between the amount it levied under paragraph (a), clause (2), 182.7 and the amount it would have levied under paragraph (a), clause 182.8 (1), and for interest on the amount of that difference, must not 182.9 be satisfied and discharged pursuant to Minnesota Statutes 1988, 182.10 or an earlier edition of Minnesota Statutes if applicable, 182.11 section 124.43, subdivision 4. 182.12 Sec. 39. Minnesota Statutes 2002, section 126C.69, 182.13 subdivision 2, is amended to read: 182.14 Subd. 2. [CAPITAL LOANS ELIGIBILITY.] Beginning July 1, 182.15 1999, a district is not eligible for a capital loan unless the 182.16 district's estimated net debt tax rate as computed by the 182.17 commissioner after debt service equalization aid would be more 182.18 than3040 percent of adjusted net tax capacity. The estimate 182.19 must assume a 20-year maturity schedule for new debt. 182.20 Sec. 40. Minnesota Statutes 2002, section 126C.69, 182.21 subdivision 9, is amended to read: 182.22 Subd. 9. [LOAN AMOUNT LIMITS.] (a) A loan must not be 182.23 recommended for approval for a district exceeding an amount 182.24 computed as follows: 182.25 (1) the amount requested by the district under subdivision 182.26 6; 182.27 (2) plus the aggregate principal amount of general 182.28 obligation bonds of the district outstanding on June 30 of the 182.29 year following the year the application was received, not 182.30 exceeding the limitation on net debt of the district in section 182.31 475.53, subdivision 4, or450607 percent of its adjusted net 182.32 tax capacity as most recently determined, whichever is less; 182.33 (3) less the maximum net debt permissible for the district 182.34 on December 1 of the year the application is received, under the 182.35 limitation in section 475.53, subdivision 4, or450607 percent 182.36 of its adjusted net tax capacity as most recently determined, 183.1 whichever is less; 183.2 (4) less any amount by which the amount voted exceeds the 183.3 total cost of the facilities for which the loan is granted. 183.4 (b) The loan may be approved in an amount computed as 183.5 provided in paragraph (a), clauses (1) to (3), subject to later 183.6 reduction according to paragraph (a), clause (4). 183.7 Sec. 41. Minnesota Statutes 2002, section 127A.47, 183.8 subdivision 7, is amended to read: 183.9 Subd. 7. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 183.10 education aid for districts must be adjusted for each pupil 183.11 attending a nonresident district under sections 123A.05 to 183.12 123A.08, 124D.03, 124D.06,124D.07,124D.08, and 124D.68. The 183.13 adjustments must be made according to this subdivision. 183.14 (a) General education aid paid to a resident district must 183.15 be reduced by an amount equal to the referendum equalization aid 183.16 attributable to the pupil in the resident district. 183.17 (b) General education aid paid to a district serving a 183.18 pupil in programs listed in this subdivision must be increased 183.19 by an amount equal to the referendum equalization aid 183.20 attributable to the pupil in the nonresident district. 183.21 (c) If the amount of the reduction to be made from the 183.22 general education aid of the resident district is greater than 183.23 the amount of general education aid otherwise due the district, 183.24 the excess reduction must be made from other state aids due the 183.25 district. 183.26 (d) The district of residence must pay tuition to a 183.27 district or an area learning center, operated according to 183.28 paragraph (e), providing special instruction and services to a 183.29 pupil with a disability, as defined in section 125A.02, or a 183.30 pupil, as defined in section 125A.51, who is enrolled in a 183.31 program listed in this subdivision. The tuition must be equal 183.32 to (1) the actual cost of providing special instruction and 183.33 services to the pupil, including a proportionate amount for debt 183.34 service and for capital expenditure facilities and equipment, 183.35 and debt service but not including any amount for 183.36 transportation, minus (2) the amount of general education 184.1 revenue and special education aid but not including any amount 184.2 for transportation, attributable to that pupil, that is received 184.3 by the district providing special instruction and services. 184.4 (e) An area learning center operated by a service 184.5 cooperative, intermediate district, education district, or a 184.6 joint powers cooperative may elect through the action of the 184.7 constituent boards to charge the resident district tuition for 184.8 pupils rather than tocalculate general education aid184.9adjustments under paragraph (a), (b), or (c). The tuition must184.10be equal to the greater of the average general education revenue184.11per pupil unit attributable to the pupil, or the actual cost of184.12providing the instruction, excluding transportation costs, if184.13the pupil meets the requirements of section 125A.02 or184.14125A.51have the general education revenue paid to a fiscal 184.15 agent school district. Except as provided in paragraph (d), the 184.16 district of residence must pay tuition equal to at least 90 184.17 percent of the district average general education revenue per 184.18 pupil unit minus an amount equal to the product of the formula 184.19 allowance according to section 126C.10, subdivision 2, times 184.20 .0485, calculated without basic skills revenue and 184.21 transportation sparsity revenue, times the number of pupil units 184.22 for pupils attending the area learning center, plus the amount 184.23 of compensatory revenue generated by pupils attending the area 184.24 learning center. 184.25 Sec. 42. Minnesota Statutes 2002, section 127A.47, 184.26 subdivision 8, is amended to read: 184.27 Subd. 8. [CHARTER SCHOOLS.] (a) The general education aid 184.28 for districts must be adjusted for each pupil attending a 184.29 charter school under section 124D.10. The adjustments must be 184.30 made according to this subdivision. 184.31 (b) General education aid paid to a district in which a 184.32 charter school not providing transportation according to section 184.33 124D.10, subdivision 16, is located must be increased by an 184.34 amount equal to the product of: (1) the sum of an amount equal 184.35 to the product of the formula allowance according to section 184.36 126C.10, subdivision 2, times .0485, plus the transportation 185.1 sparsity allowance for the district, plus the transportation185.2transition allowance for the district; times (2) the pupil units 185.3 attributable to the pupil. 185.4 Sec. 43. Minnesota Statutes 2002, section 127A.49, 185.5 subdivision 2, is amended to read: 185.6 Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278, 185.7 sections 270.07, 375.192, or otherwise, the net tax capacity of 185.8 any district for any taxable year is changed after the taxes for 185.9 that year have been spread by the county auditor and the local 185.10 tax rate as determined by the county auditor based upon the 185.11 original net tax capacity is applied upon the changed net tax 185.12 capacities, the county auditor shall, prior to February 1 of 185.13 each year, certify to the commissioner of children, families, 185.14 and learning the amount of any resulting net revenue loss that 185.15 accrued to the district during the preceding year. Each year, 185.16 the commissioner shall pay an abatement adjustment to the 185.17 district in an amount calculated according to the provisions of 185.18 this subdivision. This amount shall be deducted from the amount 185.19 of the levy authorized by section 126C.46. The amount of the 185.20 abatement adjustment must be the product of: 185.21 (1) the net revenue loss as certified by the county 185.22 auditor, times 185.23 (2) the ratio of: 185.24 (i) the sum of the amounts of the district's certified levy 185.25 in the preceding year according to the following: 185.26 (A)section 126C.13 if the district received general185.27education aid according to that section for the second preceding185.28year;185.29(B)section 123B.57, if the district received health and 185.30 safety aid according to that section for the second preceding 185.31 year; 185.32(C) sections(B) section 124D.20,124D.21, and 124D.56,if 185.33 the district received aid for community education programs 185.34 according toany of those sectionsthat section for the second 185.35 preceding year; 185.36(D)(C) section 124D.135, subdivision 3, if the district 186.1 received early childhood family education aid according to 186.2 section 124D.135 for the second preceding year; and 186.3(E)(D) section 126C.17, subdivision 6, if the district 186.4 received referendum equalization aid according to that section 186.5 for the second preceding year; to 186.6 (ii) the total amount of the district's certified levy in 186.7 the preceding December, plus or minus auditor's adjustments. 186.8 Sec. 44. Minnesota Statutes 2002, section 127A.49, 186.9 subdivision 3, is amended to read: 186.10 Subd. 3. [EXCESS TAX INCREMENT.] (a) If a return of excess 186.11 tax increment is made to a district pursuant to section 469.176, 186.12 subdivision 2, or upon decertification of a tax increment 186.13 district, the school district's aid and levy limitations must be 186.14 adjusted for the fiscal year in which the excess tax increment 186.15 is paid under the provisions of this subdivision. 186.16 (b) An amount must be subtracted from the district's aid 186.17 for the current fiscal year equal to the product of: 186.18 (1) the amount of the payment of excess tax increment to 186.19 the district, times 186.20 (2) the ratio of: 186.21 (i) the sum of the amounts of the district's certified levy 186.22 for the fiscal year in which the excess tax increment is paid 186.23 according to the following: 186.24 (A)section 126C.13, if the district received general186.25education aid according to that section for the second preceding186.26year;186.27(B)section 123B.57, if the district received health and 186.28 safety aid according to that section for the second preceding 186.29 year; 186.30(C) sections(B) section 124D.20,124D.21, and 124D.56,if 186.31 the district received aid for community education programs 186.32 according toany of those sectionsthat section for the second 186.33 preceding year; 186.34(D)(C) section 124D.135, subdivision 3, if the district 186.35 received early childhood family education aid according to 186.36 section 124D.135 for the second preceding year; and 187.1(E)(D) section 126C.17, subdivision 6, if the district 187.2 received referendum equalization aid according to that section 187.3 for the second preceding year; to 187.4 (ii) the total amount of the district's certified levy for 187.5 the fiscal year, plus or minus auditor's adjustments. 187.6 (c) An amount must be subtracted from the school district's 187.7 levy limitation for the next levy certified equal to the 187.8 difference between: 187.9 (1) the amount of the distribution of excess increment; and 187.10 (2) the amount subtracted from aid pursuant to clause (a). 187.11 If the aid and levy reductions required by this subdivision 187.12 cannot be made to the aid for the fiscal year specified or to 187.13 the levy specified, the reductions must be made from aid for 187.14 subsequent fiscal years, and from subsequent levies. The school 187.15 district must use the payment of excess tax increment to replace 187.16 the aid and levy revenue reduced under this subdivision. 187.17 (d) This subdivision applies only to the total amount of 187.18 excess increments received by a district for a calendar year 187.19 that exceeds $25,000. 187.20 Sec. 45. Minnesota Statutes 2002, section 128D.11, 187.21 subdivision 8, is amended to read: 187.22 Subd. 8. [NET DEBT LIMIT.] The school district shall not 187.23 be subject to a net debt in excess of102144 percent of the net 187.24 tax capacity of all taxable property therein. 187.25 Sec. 46. Minnesota Statutes 2002, section 169.26, 187.26 subdivision 3, is amended to read: 187.27 Subd. 3. [DRIVER TRAINING.] All driver education courses 187.28 approved bythe commissioner of children, families, and learning187.29andthe commissioner of public safety must include instruction 187.30 on railroad-highway grade crossing safety. Thecommissioner of187.31children, families, and learning and thecommissioner of public 187.32 safety shall by rule establish minimum standards of course 187.33 content relating to operation of vehicles at railroad-highway 187.34 grade crossings. 187.35 Sec. 47. Minnesota Statutes 2002, section 169.973, 187.36 subdivision 1, is amended to read: 188.1 Subdivision 1. [COMMISSIONER'S AUTHORITY; RULES; 188.2 CURRICULUM.] The commissioner of public safety shall supervise 188.3 the administration and conduct of driver improvement clinics and 188.4 youth-oriented driver improvement clinics. The commissioner of 188.5 public safety shall promulgate rules setting forth standards for 188.6 the curriculum and mode of instruction of driver improvement 188.7 clinics and youth-oriented driver improvement clinics and such 188.8 other matters as the commissioner of public safety considers 188.9 necessary for the proper administration of such clinics. In the 188.10 preparation of such standards the commissioner of public safety 188.11 shall consult with thecommissioner of children, families, and188.12learning andstate associations of judges. A driver improvement 188.13 clinic established under sections 169.971 to 169.973 and 171.20, 188.14 subdivision 3, shall conform to the standards promulgated by the 188.15 commissioner of public safety. The course of study at a driver 188.16 improvement clinic and youth-oriented driver improvement clinic 188.17 may not exceed a cumulative total of nine hours with no single 188.18 class session lasting more than three hours. The course of 188.19 study at a driver improvement clinic and youth-oriented driver 188.20 improvement clinic shall include instruction in railroad 188.21 crossing safety. 188.22 Sec. 48. Minnesota Statutes 2002, section 178.02, 188.23 subdivision 1, is amended to read: 188.24 Subdivision 1. [MEMBERS.] The commissioner of labor and 188.25 industry, hereinafter called the commissioner, shall appoint an 188.26 apprenticeship advisory council, hereinafter referred to as the 188.27 council, composed of three representatives each from employer 188.28 and employee organizations, and two representatives of the 188.29 general public. Theassistant commissionerdirector of 188.30 children, families, and learning responsible forvocational188.31 career and technical education or designee shall be an ex 188.32 officio member of the council and shall serve in an advisory 188.33 capacity only. 188.34 Sec. 49. Minnesota Statutes 2002, section 273.138, 188.35 subdivision 6, is amended to read: 188.36 Subd. 6. The amount of aid calculated for a school 189.1 district pursuant to subdivision 3, clauses (2), (3), (4), and 189.2 (5) shall be deducted from the school district's general fund 189.3 levy limitation established pursuant tosection 126C.13chapters 189.4 122A, 123A, 123B, 124D, and 126C in determining the amount of 189.5 taxes the school district may levy for general and special 189.6 purposes. 189.7 Sec. 50. Minnesota Statutes 2002, section 298.28, 189.8 subdivision 4, is amended to read: 189.9 Subd. 4. [SCHOOL DISTRICTS.] (a) 17.15 cents per taxable 189.10 ton plus the increase provided in paragraph (d) must be 189.11 allocated to qualifying school districts to be distributed, 189.12 based upon the certification of the commissioner of revenue, 189.13 under paragraphs (b) and (c), except as otherwise provided in 189.14 paragraph (f). 189.15 (b) 3.43 cents per taxable ton must be distributed to the 189.16 school districts in which the lands from which taconite was 189.17 mined or quarried were located or within which the concentrate 189.18 was produced. The distribution must be based on the 189.19 apportionment formula prescribed in subdivision 2. 189.20 (c)(i) 13.72 cents per taxable ton, less any amount 189.21 distributed under paragraph (e), shall be distributed to a group 189.22 of school districts comprised of those school districts in which 189.23 the taconite was mined or quarried or the concentrate produced 189.24 or in which there is a qualifying municipality as defined by 189.25 section 273.134, paragraph (b), in direct proportion to school 189.26 district indexes as follows: for each school district, its 189.27 pupil units determined under section 126C.05 for the prior 189.28 school year shall be multiplied by the ratio of the average 189.29 adjusted net tax capacity per pupil unit for school districts 189.30 receiving aid under this clause as calculated pursuant to 189.31 chapters 122A, 126C, and 127A for the school year ending prior 189.32 to distribution to the adjusted net tax capacity per pupil unit 189.33 of the district. Each district shall receive that portion of 189.34 the distribution which its index bears to the sum of the indices 189.35 for all school districts that receive the distributions. 189.36 (ii) Notwithstanding clause (i), each school district that 190.1 receives a distribution under sections 298.018; 298.23 to 190.2 298.28, exclusive of any amount received under this clause; 190.3 298.34 to 298.39; 298.391 to 298.396; 298.405; or any law 190.4 imposing a tax on severed mineral values after reduction for any 190.5 portion distributed to cities and towns under section 126C.48, 190.6 subdivision 8, paragraph (5), that is less than the amount of 190.7 its levy reduction under section 126C.48, subdivision 8, for the 190.8 second year prior to the year of the distribution shall receive 190.9 a distribution equal to the difference; the amount necessary to 190.10 make this payment shall be derived from proportionate reductions 190.11 in the initial distribution to other school districts under 190.12 clause (i). 190.13 (d) Any school district described in paragraph (c) where a 190.14 levy increase pursuant to section 126C.17, subdivision 9, was 190.15 authorized by referendum for taxes payable in 2001, shall 190.16 receive a distribution from a fund that receives a distribution 190.17 in 1998 of 21.3 cents per ton. On July 15 of 1999, and each 190.18 year thereafter, the increase over the amount established for 190.19 the prior year shall be determined according to the increase in 190.20 the implicit price deflator as provided in section 298.24, 190.21 subdivision 1. Each district shall receive $175 times the pupil 190.22 units identified in section 126C.05, subdivision 1, enrolled in 190.23 the second previous year or the 1983-1984 school year, whichever 190.24 is greater, less the product of 1.8 percent times the district's 190.25 taxable net tax capacity in the second previous year. 190.26 If the total amount provided by paragraph (d) is 190.27 insufficient to make the payments herein required then the 190.28 entitlement of $175 per pupil unit shall be reduced uniformly so 190.29 as not to exceed the funds available. Any amounts received by a 190.30 qualifying school district in any fiscal year pursuant to 190.31 paragraph (d) shall not be applied to reduce general education 190.32 aid which the district receives pursuant to section 126C.13 or 190.33 the permissible levies of the district. Any amount remaining 190.34 after the payments provided in this paragraph shall be paid to 190.35 the commissioner of iron range resources and rehabilitation who 190.36 shall deposit the same in the taconite environmental protection 191.1 fund and the northeast Minnesota economic protection trust fund 191.2 as provided in subdivision 11. 191.3 Each district receiving money according to this paragraph 191.4 shall reserve the lesser of the amount received under this 191.5 paragraph or $25 times the number of pupil units served in the 191.6 district. It may use the money for early childhood programs or 191.7 foroutcome-based learningprograms that enhance the academic 191.8 quality of the district's curriculum.The outcome-based191.9learning programs must be approved by the commissioner of191.10children, families, and learning.191.11 (e) There shall be distributed to any school district the 191.12 amount which the school district was entitled to receive under 191.13 section 298.32 in 1975. 191.14 (f) Effective for the distribution in 2003 only, five 191.15 percent of the distributions to school districts under 191.16 paragraphs (b), (c), and (e); subdivision 6, paragraph (c); 191.17 subdivision 11; and section 298.225, shall be distributed to the 191.18 general fund. The remainder less any portion distributed to 191.19 cities and towns under section 126C.48, subdivision 8, paragraph 191.20 (5), shall be distributed to the northeast Minnesota economic 191.21 protection trust fund created in section 298.292. Fifty percent 191.22 of the amount distributed to the northeast Minnesota economic 191.23 protection trust fund shall be made available for expenditure 191.24 under section 298.293 as governed by section 298.296. Effective 191.25 in 2003 only, 100 percent of the distributions to school 191.26 districts under section 477A.15 less any portion distributed to 191.27 cities and towns under section 126C.48, subdivision 8, paragraph 191.28 (5), shall be distributed to the general fund. 191.29 Sec. 51. Minnesota Statutes 2002, section 475.61, 191.30 subdivision 4, is amended to read: 191.31 Subd. 4. [SURPLUS FUNDS.] (a) All such taxes shall be 191.32 collected and remitted to the municipality by the county 191.33 treasurer as other taxes are collected and remitted, and shall 191.34 be used only for payment of the obligations on account of which 191.35 levied or to repay advances from other funds used for such 191.36 payments, except that any surplus remaining in the debt service 192.1 fund when the obligations and interest thereon are paid may be 192.2 appropriated to any other general purpose by the municipality. 192.3 However, the amount of any surplus remaining in the debt service 192.4 fund of a school district when the obligations and interest 192.5 thereon are paid shall be used to reduce the generaleducation192.6 fund levy authorized pursuant tosection 126C.13chapters 122A, 192.7 123A, 123B, 124D, and 126C and the state aids authorized 192.8 pursuant to chapters 122A, 123A, 123B, 124D, 125A, 126C, and 192.9 127A. 192.10 (b) The reduction to state aids equals the lesser of (1) 192.11 the amount of the surplus times the ratio of the district's debt 192.12 service equalization aid to the district's debt service 192.13 equalization revenue for the last year that the district 192.14 qualified for debt service equalization aid; or (2) the 192.15 district's cumulative amount of debt service equalization aid. 192.16 (c) The reduction to the generaleducationfund levy equals 192.17 the total amount of the surplus minus the reduction to state 192.18 aids. 192.19 Sec. 52. Laws 1965, chapter 705, as amended by Laws 1975, 192.20 chapter 261, section 4; Laws 1980, chapter 609, article 6, 192.21 section 37; and Laws 1989, chapter 329, article 13, section 18, 192.22 is amended to read: 192.23 Sec. 6. [ST. PAUL SEVERANCE LEVY.] The school board of 192.24 independent school district No. 625, St. Paul, for the purpose 192.25 of providing moneys for the payment of its severance pay 192.26 obligations under a plan approved by resolution of the district, 192.27 in addition to all other powers possessed by the school district 192.28 and in addition to and in excess of any existing limitation upon 192.29 the amount it is otherwise authorized by law to levy as taxes, 192.30 is authorized to levy taxes annually not exceeding in any one 192.31 year an amount equal toa gross tax capacity rate of .17 percent192.32for taxes payable in 1990 ora net tax capacity rate of.21.34 192.33 percent for taxes payable in19912002 and thereafter upon all 192.34 taxable property within the school district which taxes as 192.35 levied shall be spread upon the tax rolls, and all corrections 192.36 thereof shall be held by the school district, and allocated 193.1 therefor to be disbursed and expended by the school district in 193.2 payment of any public school severance pay obligations and for 193.3 no other purpose. Disbursements and expenditures previously 193.4 authorized on behalf of the school district for payment of 193.5 severance pay obligations shall not be deemed to constitute any 193.6 part of the cost of the operation and maintenance of the school 193.7 district within the meaning of any statutory limitation of any 193.8 school district expenditures. 193.9 The amount of such severance pay allowable or to become 193.10 payable in respect of any such employment or to any such 193.11 employee shall not exceed the amount permitted by Minnesota 193.12 Statutes, Section 465.72. 193.13 [EFFECTIVE DATE.] This section is effective retroactively 193.14 for taxes payable in 2002 and thereafter. 193.15 Sec. 53. [REVISOR INSTRUCTION.] 193.16 (a) In the next and subsequent editions of Minnesota 193.17 Statutes, the revisor shall change all references to the 193.18 "commissioner of children, families, and learning" to the 193.19 "commissioner of public safety" in Minnesota Statutes, sections 193.20 123B.88, subdivision 9; 168.102; 169.441, subdivision 5; and 193.21 171.321, subdivision 4c; and "Part H" to "Part C" in Minnesota 193.22 Statutes, sections 125A.27, subdivisions 7 and 8; 125A.32; 193.23 125A.35; 125A.37; 125A.39; 125A.44; and 125A.45. 193.24 (b) In the next and subsequent editions of Minnesota 193.25 Statutes, the revisor shall codify section 52 as Minnesota 193.26 Statutes, section 126C.41, subdivision 5. 193.27 Sec. 54. [REPEALER.] 193.28 (a) Minnesota Statutes 2002, sections 123A.73, subdivisions 193.29 7, 10, and 11; 123B.81, subdivision 6; 125A.023, subdivision 5; 193.30 125B.11; and 126C.01, subdivision 4, are repealed. 193.31 (b) Minnesota Statutes 2002, section 126C.14, is repealed 193.32 effective for revenue for fiscal year 2003. 193.33 (c) Laws 2001, First Special Session chapter 6, article 5, 193.34 section 12, as amended by Laws 2002, chapter 377, article 12, 193.35 section 15, is repealed. 193.36 (d) Minnesota Rules, parts 3500.0600; 3520.0400; 3520.1400; 194.1 3520.3300; 3530.1500; 3530.2700; 3530.4400; 3530.4500; 194.2 3530.4700; and 3550.0100, are repealed. 194.3 ARTICLE 12 194.4 TECHNICAL AMENDMENTS 194.5 Section 1. Minnesota Statutes 2002, section 119B.011, 194.6 subdivision 20, is amended to read: 194.7 Subd. 20. [TRANSITION YEAR FAMILIES.] "Transition year 194.8 families" means families who have received MFIP assistance, or 194.9 who were eligible to receive MFIP assistance after choosing to 194.10 discontinue receipt of the cash portion of MFIP assistance under 194.11 section 256J.31, subdivision 12, for at least three of the last 194.12 six months before losing eligibility for MFIPor families194.13participating in work first under chapter 256K who meet the194.14requirements of section 256K.07. Transition year child care may 194.15 be used to support employment or job search. Transition year 194.16 child care is not available to families who have been 194.17 disqualified from MFIP due to fraud. 194.18 Sec. 2. Minnesota Statutes 2002, section 122A.41, 194.19 subdivision 2, is amended to read: 194.20 Subd. 2. [PROBATIONARY PERIOD; DISCHARGE OR DEMOTION.] All 194.21 teachers in the public schools in cities of the first class 194.22 during the first three years of consecutive employment shall be 194.23 deemed to be in a probationary period of employment during which 194.24 period any annual contract with any teacher may, or may not, be 194.25 renewed as the school board, after consulting with the peer 194.26 review committee charged with evaluating the probationary 194.27 teachers under subdivision2a or3, shall see fit. The school 194.28 site management team or the school board if there is no school 194.29 site management team, shall adopt a plan for a written 194.30 evaluation of teachers during the probationary period according 194.31 to subdivision2a3. Evaluation by the peer review committee 194.32 charged with evaluating probationary teachers under subdivision 194.332a3 shall occur at least three times each year for a teacher 194.34 performing services on 120 or more school days, at least two 194.35 times each year for a teacher performing services on 60 to 119 194.36 school days, and at least one time each year for a teacher 195.1 performing services on fewer than 60 school days. Days devoted 195.2 to parent-teacher conferences, teachers' workshops, and other 195.3 staff development opportunities and days on which a teacher is 195.4 absent from school shall not be included in determining the 195.5 number of school days on which a teacher performs services. The 195.6 school board may, during such probationary period, discharge or 195.7 demote a teacher for any of the causes as specified in this 195.8 code. A written statement of the cause of such discharge or 195.9 demotion shall be given to the teacher by the school board at 195.10 least 30 days before such removal or demotion shall become 195.11 effective, and the teacher so notified shall have no right of 195.12 appeal therefrom. 195.13 Sec. 3. Minnesota Statutes 2002, section 123B.02, 195.14 subdivision 1, is amended to read: 195.15 Subdivision 1. [BOARD AUTHORITY.] The board must have the 195.16 general charge of the business of the district, the school 195.17 houses, and of the interests of the schools thereof. The 195.18 board's authority to govern, manage, and control the district; 195.19 to carry out its duties and responsibilities; and to conduct the 195.20 business of the district includes implied powers in addition to 195.21 any specific powers granted by the legislature. 195.22 Sec. 4. Minnesota Statutes 2002, section 123B.72, 195.23 subdivision 3, is amended to read: 195.24 Subd. 3. [CERTIFICATION.] Prior to occupying or 195.25 reoccupying a school facility affected by this section, a school 195.26 board or its designee shall submit a document prepared by a 195.27 system inspector to the building official or to the 195.28 commissioner, verifying that the facility's heating, 195.29 ventilation, and air conditioning system has been installed and 195.30 operates according to design specifications and code, according 195.31 to section 123B.71, subdivision109, clause(3)(11). A 195.32 systems inspector shall also verify that the facility's design 195.33 will provide the ability for monitoring of outdoor airflow and 195.34 total airflow of ventilation systems in new school facilities 195.35 and that any heating, ventilation, or air conditioning system 195.36 that is installed or modified for a project subject to this 196.1 section must provide a filtration system with a current ASHRAE 196.2 standard. 196.3 Sec. 5. Minnesota Statutes 2002, section 123B.93, is 196.4 amended to read: 196.5 123B.93 [ADVERTISING ON SCHOOL BUSES.] 196.6 (a) The commissioner, through a competitive process,and196.7with the approval of the school bus safety advisory committee196.8 may contract with advertisers regarding advertising on school 196.9 buses. At a minimum, the contract must prohibit advertising and 196.10 advertising images that: 196.11 (1) solicit the sale of, or promote the use of, alcoholic 196.12 beverages and tobacco products; 196.13 (2) are discriminatory in nature or content; 196.14 (3) imply or declare an endorsement of the product or 196.15 service by the school district; 196.16 (4) contain obscene material; 196.17 (5) are false, misleading, or deceptive; or 196.18 (6) relate to an illegal activity or antisocial behavior. 196.19 (b) Advertisement must meet the following conditions: 196.20 (1) the advertising attached to the school bus does not 196.21 interfere with bus identification under section 169.441; and 196.22 (2) the bus with attached advertising meets the school bus 196.23 equipment standards under sections 169.4501 to 169.4504. 196.24 (c) All buses operated by school districts may be attached 196.25 with advertisements under the state contract. All school 196.26 district contracts shall include a provision for advertisement. 196.27 Each school district shall be reimbursed by the advertiser for 196.28 all costs incurred by the district and its contractors for 196.29 supporting the advertising program, including, but not limited 196.30 to, retrofitting buses, storing advertising, attaching 196.31 advertising to the bus, and related maintenance. 196.32 (d) The commissioner shall hold harmless and indemnify each 196.33 district for all liabilities arising from the advertising 196.34 program. Each district must tender defense of all such claims 196.35 to the commissioner within five days of receipt. 196.36 (e) All revenue from the contract shall be deposited in the 197.1 general fund. 197.2 Sec. 6. Minnesota Statutes 2002, section 124D.03, 197.3 subdivision 12, is amended to read: 197.4 Subd. 12. [TERMINATION OF ENROLLMENT.] A district may 197.5 terminate the enrollment of a nonresident student enrolled under 197.6 this section or section124D.07 or124D.08 at the end of a 197.7 school year if the student meets the definition of a habitual 197.8 truant under section 260C.007, subdivision 19, the student has 197.9 been provided appropriate services under chapter 260A, and the 197.10 student's case has been referred to juvenile court. A district 197.11 may also terminate the enrollment of a nonresident student over 197.12 the age of 16 enrolled under this section if the student is 197.13 absent without lawful excuse for one or more periods on 15 197.14 school days and has not lawfully withdrawn from school under 197.15 section 120A.22, subdivision 8. 197.16 Sec. 7. Minnesota Statutes 2002, section 124D.09, 197.17 subdivision 3, is amended to read: 197.18 Subd. 3. [DEFINITIONS.] For purposes of this section, the 197.19 following terms have the meanings given to them. 197.20 (a) "Eligible institution" means a Minnesota public 197.21 post-secondary institution, a private, nonprofit two-year trade 197.22 and technical school granting associate degrees, an 197.23 opportunities industrialization center accredited by the North 197.24 Central Association of Colleges and Schools, or a private, 197.25 residential, two-year or four-year, liberal arts, 197.26 degree-granting college or university located in Minnesota. 197.27"Course" means a course or program.197.28 (b) "Course" means a course or program. 197.29 Sec. 8. Minnesota Statutes 2002, section 124D.10, 197.30 subdivision 13, is amended to read: 197.31 Subd. 13. [LENGTH OF SCHOOL YEAR.] A charter school must 197.32 provide instruction each year for at least the number of days 197.33 required by section120A.22, subdivision 5120A.41. It may 197.34 provide instruction throughout the year according to sections 197.35 124D.12 to 124D.127 or 124D.128. 197.36 Sec. 9. Minnesota Statutes 2002, section 124D.10, 198.1 subdivision 23a, is amended to read: 198.2 Subd. 23a. [RELATED PARTY LEASE COSTS.] (a) A charter 198.3 school is prohibited from entering a lease of real property with 198.4 a related party as defined in this subdivision, unless the 198.5 lessor is a nonprofit corporation under chapter 317A or a 198.6 cooperative under chapter 308A, and the lease cost is reasonable 198.7 under section 124D.11, subdivision 4, clause (1). 198.8 (b) For purposes of this subdivision: 198.9 (1) A "related party" is an affiliate or close relative of 198.10 the other party in question, an affiliate of a close relative, 198.11 or a close relative of an affiliate. 198.12 (2) "Affiliate" means a person that directly, or indirectly 198.13 through one or more intermediaries, controls, or is controlled 198.14 by, or is under common control with, another person. 198.15 (3) "Close relative" means an individual whose relationship 198.16 by blood, marriage, or adoption to another individual is no more 198.17 remote than first cousin. 198.18 (4) "Person" means an individual or entity of any kind. 198.19 (5) "Control" includes the terms "controlling," "controlled 198.20 by," and "under common control with" and means the possession, 198.21 direct or indirect, of the power to direct or cause the 198.22 direction of the management, operations, or policies of a 198.23 person, whether through the ownership of voting securities, by 198.24 contract, or otherwise. 198.25 (c) A lease of real property to be used for a charter 198.26 school, not excluded in paragraph (b), must contain the 198.27 following statement: "This lease is subject to Minnesota 198.28 Statutes, section 124D.10, subdivision 23a." 198.29 (d) If a charter school enters into as lessee a lease with 198.30 a related party and the charter school subsequently closes, the 198.31 commissioner has the right to recover from the lessor any lease 198.32 payments in excess of those that are reasonable under section 198.33124.11124D.11, subdivision 4, clause (1). 198.34 Sec. 10. Minnesota Statutes 2002, section 124D.454, 198.35 subdivision 10, is amended to read: 198.36 Subd. 10. [EXCLUSION.] A district shall not receive aid 199.1 pursuant to section124D.453 or125A.76 for salaries, supplies, 199.2 travel or equipment for which the district receives aid pursuant 199.3 to this section. 199.4 Sec. 11. Minnesota Statutes 2002, section 125A.05, is 199.5 amended to read: 199.6 125A.05 [METHOD OF SPECIAL INSTRUCTION.] 199.7 (a) As defined in thissubdivisionsection, to the extent 199.8 required by federal law as of July 1, 1999, special instruction 199.9 and services for children with a disability must be based on the 199.10 assessment and individual education plan. The instruction and 199.11 services may be provided by one or more of the following methods: 199.12 (1) in connection with attending regular elementary and 199.13 secondary school classes; 199.14 (2) establishment of special classes; 199.15 (3) at the home or bedside of the child; 199.16 (4) in other districts; 199.17 (5) instruction and services by special education 199.18 cooperative centers established under this section, or in 199.19 another member district of the cooperative center to which the 199.20 resident district of the child with a disability belongs; 199.21 (6) in a state residential school or a school department of 199.22 a state institution approved by the commissioner; 199.23 (7) in other states; 199.24 (8) by contracting with public, private or voluntary 199.25 agencies; 199.26 (9) for children under age five and their families, 199.27 programs and services established through collaborative efforts 199.28 with other agencies; 199.29 (10) for children under age five and their families, 199.30 programs in which children with a disability are served with 199.31 children without a disability; and 199.32 (11) any other method approved by the commissioner. 199.33 (b) Preference shall be given to providing special 199.34 instruction and services to children under age three and their 199.35 families in the residence of the child with the parent or 199.36 primary caregiver, or both, present. 200.1 (c) The primary responsibility for the education of a child 200.2 with a disability must remain with the district of the child's 200.3 residence regardless of which method of providing special 200.4 instruction and services is used. If a district other than a 200.5 child's district of residence provides special instruction and 200.6 services to the child, then the district providing the special 200.7 instruction and services must notify the child's district of 200.8 residence before the child's individual education plan is 200.9 developed and must provide the district of residence an 200.10 opportunity to participate in the plan's development. The 200.11 district of residence must inform the parents of the child about 200.12 the methods of instruction that are available. 200.13 Sec. 12. Minnesota Statutes 2002, section 125A.12, is 200.14 amended to read: 200.15 125A.12 [ATTENDANCE IN ANOTHER DISTRICT.] 200.16 No resident of a district who is eligible for special 200.17 instruction and services pursuant to this section may be denied 200.18 provision of this instruction and service because of attending a 200.19 public school in another district pursuant to section 123B.88, 200.20 subdivision 5, if the attendance is not subject to section 200.21 124D.06, 124D.07,or 124D.08. If the pupil attends a public 200.22 school located in a contiguous district and the district of 200.23 attendance does not provide special instruction and services, 200.24 the district of residence must provide necessary transportation 200.25 for the pupil between the boundary of the district of residence 200.26 and the educational facility where special instruction and 200.27 services are provided within the district of residence. The 200.28 district of residence may provide necessary transportation for 200.29 the pupil between its boundary and the school attended in the 200.30 contiguous district, but must not pay the cost of transportation 200.31 provided outside the boundary of the district of residence. 200.32 Sec. 13. Minnesota Statutes 2002, section 126C.10, 200.33 subdivision 28, is amended to read: 200.34 Subd. 28. [EQUITY REGION.] For the purposes of computing 200.35 equity revenue under subdivision2324, a district whose 200.36 administrative offices on July 1, 1999, is located in Anoka, 201.1 Carver, Dakota, Hennepin, Ramsey, Scott, or Washington county is 201.2 part of the metro equity region. Districts whose administrative 201.3 offices on July 1, 1999, are not located in Anoka, Carver, 201.4 Dakota, Hennepin, Ramsey, Scott, or Washington county are part 201.5 of the rural equity region. 201.6 Sec. 14. Minnesota Statutes 2002, section 126C.55, 201.7 subdivision 5, is amended to read: 201.8 Subd. 5. [AID REDUCTION FOR REPAYMENT.] Except as provided 201.9 in this subdivision, the state must reduce the state aid payable 201.10 to the district under this chapter and chapters 120B, 122A, 201.11 123A, 123B, 124D, 125A, 127A, and 273,according to the schedule201.12in section 127A.44, subdivision 2,by the amount paid by the 201.13 state under this section on behalf of the district, plus the 201.14 interest due on it, and the amount reduced must revert from the 201.15 appropriate account to the state general fund. Payments from 201.16 the school endowment fund or any federal aid payments shall not 201.17 be reduced. If, after review of the financial situation of the 201.18 district, the commissioner advises the commissioner of finance 201.19 that a total reduction of the aids would cause an undue hardship 201.20 on or an undue disruption of the educational program of the 201.21 district, the commissioner, with the approval of the 201.22 commissioner of finance, may establish a different schedule for 201.23 reduction of those aids to repay the state. The amount of aids 201.24 to be reduced are decreased by any amounts repaid to the state 201.25 by the school district from other revenue sources. 201.26 Sec. 15. Minnesota Statutes 2002, section 127A.05, 201.27 subdivision 4, is amended to read: 201.28 Subd. 4. [ADMINISTRATIVE RULES.] The commissioner may 201.29 adopt new rules or amend any existing rules only under specific 201.30 authority and consistent with the requirements of chapter 14. 201.31 The commissioner may repeal any existing rules adopted by the 201.32 commissioner.Notwithstanding the provisions of section 14.05,201.33subdivision 4,The commissioner may grant a variance to rules 201.34 adopted by the commissioner upon application by a school 201.35 district for purposes of implementing experimental programs in 201.36 learning or school management. This subdivision shall not 202.1 prohibit the commissioner from making technical changes or 202.2 corrections to rules adopted by the commissioner. 202.3 Sec. 16. Minnesota Statutes 2002, section 127A.45, 202.4 subdivision 12, is amended to read: 202.5 Subd. 12. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] (a) One 202.6 hundred percent of the aid for the current fiscal year must be 202.7 paid for the following aids: reimbursement for enrollment 202.8 options transportation, according to sections 124D.03, 202.9 subdivision 8, 124D.09, subdivision 22, and 124D.10; school 202.10 lunch aid, according to section 124D.111; hearing impaired 202.11 support services aid, according to section 124D.57; and Indian 202.12 post-secondary preparation grants according to section124D.85202.13 124D.80. 202.14 (b) One hundred percent of the aid for the current fiscal 202.15 year, based on enrollment in the previous year, must be paid for 202.16 the first grade preparedness program according to section 202.17 124D.081. 202.18 Sec. 17. Minnesota Statutes 2002, section 169.435, is 202.19 amended to read: 202.20 169.435 [STATE SCHOOL BUS SAFETY ADMINISTRATION.] 202.21 Subdivision 1. [RESPONSIBILITY; DEPARTMENT OF PUBLIC 202.22 SAFETY.] The department of public safety has the primary 202.23 responsibility for school transportation safety.To oversee202.24school transportation safety, the commissioner of public safety202.25shall establish a school bus safety advisory committee according202.26to subdivision 2.The commissioner or the commissioner's 202.27 designee shall serve as state director of pupil transportation 202.28 according to subdivision 3. 202.29 Subd. 3. [PUPIL TRANSPORTATION SAFETY DIRECTOR.] (a) The 202.30 commissioner of public safety or the commissioner's designee 202.31 shall serve as pupil transportation safety director. 202.32 (b) The duties of the pupil transportation safety director 202.33 shall include: 202.34 (1) overseeing all department activities related to school 202.35 bus safety; 202.36 (2) assisting in the development, interpretation, and 203.1 implementation of laws and policies relating to school bus 203.2 safety; 203.3 (3) supervising preparation of the school bus inspection 203.4 manual; and 203.5 (4) in conjunction with the department of children, 203.6 families, and learning, assisting school districts in developing 203.7 and implementing comprehensive transportation policies; and203.8(5) providing information requested by the school bus203.9safety advisory committee. 203.10 Sec. 18. Minnesota Statutes 2002, section 169.449, 203.11 subdivision 1, is amended to read: 203.12 Subdivision 1. [RULES.] The commissioner of public safety,203.13in consultation with the school bus safety advisory committee,203.14 shall adopt rules governing the operation of school buses used 203.15 for transportation of school children, when owned or operated by 203.16 a school or privately owned and operated under a contract with a 203.17 school, and these rules must be made a part of that contract by 203.18 reference. Each school, its officers and employees, and each 203.19 person employed under the contract is subject to these rules. 203.20 Sec. 19. Minnesota Statutes 2002, section 169.4501, 203.21 subdivision 3, is amended to read: 203.22 Subd. 3. [INSPECTION MANUAL.] The department of public 203.23 safety shall develop a school bus inspection manual based on the 203.24 national standards adopted in subdivision 1 and Minnesota 203.25 standards adopted in sections 169.4502 to 169.4504. The 203.26 Minnesota state patrol shall use the manual as the basis for 203.27 inspecting buses as provided in section 169.451.When203.28appropriate, the school bus safety advisory committee shall203.29recommend to the education committees of the legislature203.30modifications to the standards upon which the school bus203.31inspection manual is based.The department of public safety has 203.32 no rulemaking authority to alter the standards upon which school 203.33 buses are inspected. 203.34 Sec. 20. Minnesota Statutes 2002, section 169.4501, 203.35 subdivision 4, is amended to read: 203.36 Subd. 4. [VARIANCE.] The commissioner of public safety may 204.1 grant a variance to any of the school bus standards to 204.2 accommodate testing of new equipment related to school buses. A 204.3 variance from the standards must be for the sole purpose of 204.4 testing and evaluating new equipment for increased safety, 204.5 efficiency, and economy of pupil transportation. The variance 204.6 expires 18 months from the date on which it is granted unless 204.7 the commissioner specifies an earlier expiration date.The204.8school bus safety advisory committee shall annually review all204.9variances that are granted under this subdivision and consider204.10whether to recommend modifications to the Minnesota school bus204.11equipment standards based on the variances.204.12 Sec. 21. [REPEALER.] 204.13 (a) Minnesota Statutes 2002, sections 124D.84, subdivision 204.14 2; 126C.55, subdivision 5; and 127A.41, subdivision 6, are 204.15 repealed. 204.16 (b) Laws 2001, First Special Session chapter 3, article 4, 204.17 sections 1 and 2; and Laws 2001, First Special Session chapter 204.18 6, article 2, section 52, are repealed. 204.19 ARTICLE 13 204.20 REPEAL OF PROFILE OF LEARNING; STATEWIDE ACCOUNTABILITY 204.21 Section 1. [120B.001] [REPEALING PROFILE OF LEARNING 204.22 STATUTES AND RULES.] 204.23 Notwithstanding sections 120B.02, 120B.30, 120B.31, and 204.24 120B.35, or other law to the contrary, the commissioner of 204.25 children, families, and learning must not implement the profile 204.26 of learning portion of the state's results-oriented graduation 204.27 rule. 204.28 [EFFECTIVE DATE.] This section is effective the day 204.29 following final enactment and applies to the 2003-2004 school 204.30 year and later. 204.31 Sec. 2. [120B.0012] [STANDARDS AND TIMELINE ESTABLISHED.] 204.32 (a) The commissioner, consistent with the requirements of 204.33 this section and sections 120B.0013 and 120B.0014, must adopt 204.34 statewide rules using the expedited rulemaking process under 204.35 section 14.389 that establish a set of educational standards. 204.36 After the rules authorized under this paragraph are initially 205.1 adopted, the commissioner may not amend or repeal these rules 205.2 nor adopt new rules on the same topic without specific 205.3 legislative authorization. These standards must be implemented 205.4 for all students beginning in the 2003-2004 school year. 205.5 (b) The following learning areas are required for statewide 205.6 accountability: 205.7 (1) read, listen, and view; 205.8 (2) write and speak; 205.9 (3) mathematical concepts and applications; 205.10 (4) scientific concepts and applications; 205.11 (5) social sciences, including history, geography, 205.12 economics, and civics; and 205.13 (6) arts and literature. 205.14 The standards apply to all public school students, except the 205.15 very few students with extreme cognitive or physical impairments 205.16 for whom an individualized education plan team has determined 205.17 that the required standards are inappropriate. An 205.18 individualized education plan team that makes this determination 205.19 must establish alternative standards. 205.20 [EFFECTIVE DATE.] This section is effective the day 205.21 following final enactment. 205.22 Sec. 3. [120B.0013] [REQUIRED AND OPTIONAL STANDARDS.] 205.23 (a) Minnesota's high educational standards encompass the 205.24 six content areas required for statewide accountability in 205.25 section 120B.0012, paragraph (b). 205.26 (b) For purposes of complying with applicable federal law, 205.27 the commissioner shall establish grade level benchmarks in at 205.28 least the reading, mathematics, and science learning areas. 205.29 (c) A district may adopt state standards or establish its 205.30 own standards in foreign language, career and technical 205.31 education, and physical education. 205.32 (d) The state standards must be supplemented by grade level 205.33 benchmarks, curriculum framework, and test specification 205.34 documents useful to state and local decision makers charged with 205.35 determining appropriate curriculum, staff development 205.36 activities, and assessment programs. 206.1 (e) If a statewide assessment is not provided, a classroom 206.2 assessment determined by the classroom teacher or the local 206.3 school board must be used to assess if a student has met a 206.4 standard. 206.5 [EFFECTIVE DATE.] This section is effective the day 206.6 following final enactment. 206.7 Sec. 4. [120B.0014] [STATEWIDE AND LOCAL ASSESSMENTS; 206.8 RESULTS.] 206.9 (a) The commissioner must develop assessments for all of 206.10 the required learning areas using state-constructed tests that 206.11 are developed from and aligned with the standards, are designed 206.12 to monitor student growth toward and achievement of those 206.13 standards, consistent with section 120B.35, and satisfy 206.14 applicable federal law. At a minimum, the commissioner must 206.15 require: 206.16 (1) annual reading and mathematics assessments in grades 3 206.17 through 8 and in one high school grade for the 2005-2006 school 206.18 year and later; and 206.19 (2) annual science assessments in one grade in the grades 3 206.20 through 5 span, the grades 6 through 9 span, and the grades 10 206.21 through 12 span for the 2006-2007 school year and later. 206.22 (b) The assessments must: 206.23 (1) provide timely, useful, and understandable information 206.24 for and about the performance of individual students, schools, 206.25 school districts, and the state, consistent with sections 206.26 120B.36 and 120B.364, and expect that educators use the 206.27 information, and other information, to plan instruction for the 206.28 next school year and to develop school improvement plans, 206.29 including plans required under applicable federal law; 206.30 (2) include a growth scale useful under sections 120B.30, 206.31 120B.31, 120B.35, and 120B.36, for analyzing value-added and 206.32 student-level growth over time; 206.33 (3) include state and national percentile ranks in 206.34 information reported to students and parents under section 206.35 120B.364; and 206.36 (4) determine whether students have met the state's basic 207.1 skills requirements in reading and mathematics. 207.2 (c) Consistent with applicable federal law and sections 207.3 120B.30, subdivision 1, paragraph (d), clause (1), and 120B.36, 207.4 subdivision 6, clauses (2) and (3), the commissioner must 207.5 include alternative assessments for the very few students with 207.6 disabilities for whom statewide assessments are inappropriate 207.7 and for students with limited English proficiency. 207.8 (d) Schools, school districts, and charter schools must 207.9 administer statewide assessments under this section that use 207.10 student performance to evaluate student progress in achieving 207.11 high standards in all of the required learning areas as the 207.12 assessments become available. If state assessment is not 207.13 available, schools, school districts, and charter schools are 207.14 responsible for determining if a student has met state 207.15 standards. Schools, school districts, and charter schools may 207.16 base grade promotions and the awarding of high school course 207.17 credits on students' success in achieving high standards. 207.18 [EFFECTIVE DATE.] This section is effective the day 207.19 following final enactment. 207.20 Sec. 5. Minnesota Statutes 2002, section 120B.02, is 207.21 amended to read: 207.22 120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 207.23 REQUIREMENTS; PROFILE OF LEARNING.] 207.24 (a) The legislature is committed to establishing a 207.25 rigorous, results-oriented graduation rule for Minnesota's 207.26 public school students. To that end, the commissioner shalluse207.27its rulemaking authority under section 127A.05, subdivision 4,207.28toadopt in rule a statewide, results-oriented graduation rule 207.29to be implemented starting with students beginning ninth grade207.30in the 1996-1997 school year. The commissioner shall not 207.31 prescribe in rule or otherwise the delivery system, classroom 207.32 assessments, or form of instruction that school sites must use 207.33 to meet the requirements contained in this rule. For purposes 207.34 of this chapter, a school site is a separate facility, or a 207.35 separate program within a facility that a local school board 207.36 recognizes as a school site for funding purposes. 208.1 (b)To successfully accomplish paragraph (a), the208.2commissioner shall set in rule high academic standards for all208.3students. The standards must contain the foundational skills in208.4the three core curricular areas of reading, writing, and208.5mathematics while meeting requirements for high school208.6graduation. The standards must also provide an opportunity for208.7students to excel by meeting higher academic standards through a208.8profile of learning that uses curricular requirements to allow208.9students to expand their knowledge and skills beyond the208.10foundational skills.All commissioner actions regarding the 208.11 rule must be premised on the following: 208.12 (1) the rule is intended to raise academic expectations for 208.13 students, teachers, and schools; 208.14 (2) any state action regarding the rule must evidence 208.15 consideration of school district autonomy; and 208.16 (3) the department of children, families, and learning, 208.17 with the assistance of school districts, must make available 208.18 information about all state initiatives related to the rule to 208.19 students and parents, teachers, and the general public in a 208.20 timely format that is appropriate, comprehensive, and readily 208.21 understandable. 208.22 (c) For purposes of adopting the rule, the commissioner, in 208.23 consultation with the department, recognized psychometric 208.24 experts in assessment, and other interested and knowledgeable 208.25 educators, using the most current version of professional 208.26 standards for educational testing, shall evaluate the 208.27 alternative approaches to assessment. 208.28 (d) The content of the graduation rule mustdifferentiate208.29betweeninclude minimum competencies reflected in the basic 208.30 requirements assessmentand rigorous profile of learning208.31standards. When fully implemented, the requirements for high 208.32 school graduation in Minnesota must include both basic 208.33 requirements andthe required profile of learning. The profile208.34of learning must measure student performance using208.35performance-based assessments compiled over time that integrate208.36higher academic standards, higher order thinking skills, and209.1application of knowledge from a variety of content areas. The209.2profile of learning shall include a broad range of academic209.3experience and accomplishment necessary to achieve the goal of209.4preparing students to function effectively as purposeful209.5thinkers, effective communicators, self-directed learners,209.6productive group participants, and responsible209.7citizenscoursework requirements that meet state required 209.8 standards established by a local school board. School districts 209.9 shall certify whether students meet state standards using local 209.10 assessments, including student portfolios, if a statewide 209.11 assessment is not available. 209.12 (e)The profile of learning contains the following learning209.13areas:209.14(1) read, listen, and view;209.15(2) write and speak;209.16(3) arts and literature;209.17(4) mathematical concepts and applications;209.18(5) inquiry and research;209.19(6) scientific concepts and applications;209.20(7) social studies;209.21(8) physical education and lifetime fitness;209.22(9) economics and business;209.23(10) world languages; and209.24(11) technical and vocational education.209.25(f)The commissioner shall periodically review and report 209.26 on the assessment processand student achievement with the209.27expectation of raising the standards and expanding high school209.28graduation requirements. 209.29(g) Beginning August 31, 2000, the commissioner must209.30publish, including in electronic format for the Internet, a209.31report, by school site, area learning center, and charter209.32school, of:209.33(1) the required preparatory content standards;209.34(2) the high school content standards required for209.35graduation; and209.36(3) the number of student waivers the district, area210.1learning center, or charter school approves under section210.2120B.031, subdivisions 4, 5, and 6, based on information each210.3district, area learning center, and charter school provides.210.4(h) School districts must integrate required and elective210.5content standards in the scope and sequence of the district210.6curriculum.210.7(i)(f) School districts are not required to adopt specific 210.8 provisions of the Goals 2000 and the federal School-to-Work 210.9 programs. 210.10 [EFFECTIVE DATE.] This section is effective the day 210.11 following final enactment. 210.12 Sec. 6. Minnesota Statutes 2002, section 120B.30, 210.13 subdivision 1, is amended to read: 210.14 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner, 210.15 with advice from experts with appropriate technical 210.16 qualifications and experience and stakeholders consistent with 210.17 sections 120B.0014 and 120B.36, shall include in the 210.18 comprehensive assessment system, for each grade level to be 210.19 tested,a test, which shall bestate-constructed tests developed 210.20 from and aligned with the state's graduation standards under 210.21 section 120B.0012 and administered annually to all students 210.22 inthe third, fifth, seventh, and eighthgrades 3 through 8 and 210.23 at the high school level. A state-developed test in subjects 210.24 other than writing, developed after the 2002-2003 school year, 210.25 must include both constructed response and multiple choice 210.26 questions for students to show their ability to apply the 210.27 appropriate concepts and knowledge. The commissioner shall 210.28 establish one or more months during which schools shall 210.29 administer the tests to students each school year. Only 210.30 Minnesota basic skills tests in reading, mathematics, and 210.31 writing shall fulfill students' basic skills testing 210.32 requirements for a passing state notation. The passing scores 210.33 of the state tests in reading and mathematics are the equivalent 210.34 of: 210.35 (1) 70 percent correct for students entering grade 9 in 210.36 1996; and 211.1 (2) 75 percent correct for students entering grade 9 in 211.2 1997 and thereafter, as based on the first uniform test 211.3 administration of February 1998. 211.4 (b) The third, fifth, and sevenththrough eighth grade and 211.5 high school level test results shall be available to districts 211.6 for diagnostic purposes affecting student learning and district 211.7 instruction and curriculum, and for establishing educational 211.8 accountability. The score of statewide tests taken in grades 9 211.9 through 12 must be recorded on the student's transcript. The 211.10 commissioner must disseminate to the public thethird, fifth,211.11and seventh gradetest results upon receiving those results. 211.12 (c)In addition, at the high school level, districts shall211.13assess student performance in all required learning areas and211.14selected required standards within each area of the profile of211.15learning. The testing instruments,State tests must be 211.16 constructed and aligned with the state standards. The testing 211.17 process, and the order of administration shall be determined by 211.18 the commissioner. The statewide results shall be aggregated at 211.19 the site and district level, consistent with section 120B.0014. 211.20 (d)The commissioner shall report school site and school211.21district student academic achievement levels of the current and211.22two immediately preceding school years. The report shall211.23include students' unweighted mean test scores in each tested211.24subject, the unweighted mean test scores of only those students211.25enrolled in the school by October 1 of the current school year,211.26and the unweighted test scores of all students except those211.27students receiving limited English proficiency instruction. The211.28report also shall record separately, in proximity to the211.29reported performance levels, the percentage of students of each211.30gender and the percentages of students who are eligible to211.31receive a free or reduced price school meal, demonstrate limited211.32English proficiency, are identified as migrant students, are a211.33member of a major ethnic or racial population, or are eligible211.34to receive special education services.211.35(e)In addition to the testing and reporting requirements 211.36 underparagraphs (a), (b), (c), and (d)sections 120B.36 and 212.1 120B.364, the commissioner shall include the following 212.2 components in the statewide public reporting system: 212.3 (1) uniform statewide testing of allthird, fifth, seventh,212.4eighth, and post-eighth gradestudents in grades 3 through 8 and 212.5 at the high school level that provides exemptions, only with 212.6 parent or guardian approval, for those very few students for 212.7 whom the student's individual education plan team under sections 212.8 125A.05 and 125A.06, determines that the student is incapable of 212.9 taking a statewide test, or for a limited English proficiency 212.10 student under section 124D.59, subdivision 2, if the student has 212.11 been in the United States for fewer than12 months and for whom212.12special language barriers exist, such as the student's native212.13language does not have a written form or the district does not212.14have access to appropriate interpreter services for the212.15student's native languagethree years; 212.16 (2) educational indicators that can be aggregated and 212.17 compared across school districts and across time on a statewide 212.18 basis, including average daily attendance, high school 212.19 graduation rates, and high school drop-out rates by age and 212.20 grade level; 212.21 (3) students' scores on the American College Test; and 212.22 (4) state results from participation in the National 212.23 Assessment of Educational Progress so that the state can 212.24 benchmark its performance against the nation and other states, 212.25 and, where possible, against other countries, and contribute to 212.26 the national effort to monitor achievement. 212.27(f)(e) Districts must report exemptions under paragraph 212.28(e)(d), clause (1), to the commissioner consistent with a 212.29 format provided by the commissioner. 212.30 [EFFECTIVE DATE.] This section is effective the day 212.31 following final enactment and applies to the 2005-2006 school 212.32 year and later. 212.33 Sec. 7. [120B.36] [SCHOOL ACCOUNTABILITY.] 212.34 Subdivision 1. [SCHOOL PERFORMANCE MEASURES.] (a) The 212.35 commissioner, consistent with the requirements under this 212.36 section and sections 120B.361, 120B.362, 120B.363, and 120B.364, 213.1 must adopt statewide rules under chapter 14 that establish 213.2 school and district accountability measures. The commissioner 213.3 must make available for public review a statement of the need 213.4 for and reasonableness of each rule consistent with section 213.5 14.131. After the rules authorized under this paragraph are 213.6 initially adopted, the commissioner may not amend or repeal 213.7 these rules nor adopt new rules on the same topic without 213.8 specific legislative authorization. 213.9 (b) The commissioner must use at least the following seven 213.10 indicators to measure schools' performance: 213.11 (1) statewide assessment scores in mathematics, reading, 213.12 and science; 213.13 (2) student attendance rates; 213.14 (3) high school student graduation rates; 213.15 (4) the English proficiency of limited English proficiency 213.16 students; 213.17 (5) an index of attainment for special education students 213.18 taking an alternative assessment; 213.19 (6) teacher quality indicators; and 213.20 (7) school safety measures. 213.21 (c) The commissioner must use the indicators under 213.22 paragraph (b), and the definition of adequate yearly progress 213.23 under section 120B.35, and this section to designate public 213.24 schools as "superior," "excellent," "meets expectations," "under 213.25 review," or "low-performing" under section 120B.361. Only those 213.26 schools that satisfy the definition of adequate yearly progress 213.27 can be designated as "superior," "excellent," or "meets 213.28 expectations." 213.29 Subd. 2. [LOW-PERFORMING SCHOOLS AND DISTRICTS.] (a) 213.30 Schools and districts that fail to demonstrate adequate yearly 213.31 progress for two consecutive school years are designated as 213.32 "low-performing" schools or districts. Schools and districts 213.33 fail to make adequate yearly progress for two consecutive school 213.34 years if: 213.35 (1) the school or district as a whole fails to make 213.36 adequate yearly progress for two consecutive school years; or 214.1 (2) an identified student subgroup within the school or 214.2 district fails to make adequate yearly progress for two 214.3 consecutive school years, where subgroups are defined by limited 214.4 English proficiency status, special education status, ethnicity, 214.5 and eligibility for free or reduced price lunch. 214.6 (b) A school or district designated as low-performing must 214.7 meet its adequate yearly progress target for two consecutive 214.8 school years before the designation is removed. A school or 214.9 district that meets its adequate yearly progress target for one 214.10 year after its designation as low-performing remains subject to 214.11 the sanctions then in effect but receives no added sanctions. 214.12 Subd. 3. [STUDENT PARTICIPATION REQUIREMENTS.] Schools 214.13 with 40 or more students must satisfy the participation 214.14 requirement under this subdivision to demonstrate adequate 214.15 yearly progress. A school must administer statewide assessments 214.16 in mathematics, reading, and science to at least 95 percent of 214.17 its students enrolled on the day of testing. Schools must count 214.18 as absent from testing those students who: 214.19 (1) are absent and do not make up the test; or 214.20 (2) withdraw from testing at the request of the student's 214.21 parent or guardian. 214.22 A student who is absent from the testing and the test 214.23 makeup and has a verifiable medical excuse for the testing and 214.24 test makeup is not counted as an absent student. 214.25 Subd. 4. [ADEQUATE YEARLY PROGRESS COMPONENTS FOR 214.26 ELEMENTARY AND INTERMEDIATE SCHOOLS.] (a) Elementary and 214.27 intermediate schools with 20 or more students enrolled for at 214.28 least one month during the school year must use attendance rates 214.29 to demonstrate adequate yearly progress. Elementary and 214.30 intermediate schools with 20 or more students tested must use 214.31 statewide assessment scores in mathematics, reading, and science 214.32 to demonstrate adequate yearly progress. 214.33 (b) To demonstrate adequate yearly progress using 214.34 attendance rates, an elementary and intermediate school must: 214.35 (1) have a 95 percent average daily attendance rate for the 214.36 previous school year; or 215.1 (2) using the 2002-2003 school year as its base year, 215.2 demonstrate an annual increase in the average daily attendance 215.3 rate so that, if the improvement continues at the same rate, the 215.4 school has a 95 percent average daily attendance rate by the 215.5 2013-2014 school year. 215.6 (c) To demonstrate adequate yearly progress using students' 215.7 statewide assessment scores in mathematics, reading, and 215.8 science, an elementary and intermediate school must meet the 215.9 annual measurable objective for the school and for every 215.10 identified student subgroup of 20 or more tested students within 215.11 the school, based upon the school's proficiency index calculated 215.12 under subdivision 7. 215.13 (d) The commissioner must: 215.14 (1) set schools' measurable objective consistent with 215.15 applicable federal law; 215.16 (2) incorporate federal "safe harbor" provisions in all 215.17 adequate yearly progress determinations that are based upon 215.18 students' statewide achievement test scores; and 215.19 (3) apply confidence intervals to prevent erroneous 215.20 "low-performing" designations that are due to a small student 215.21 population within a school or within an identified student 215.22 subgroup. 215.23 Subd. 5. [ADEQUATE YEARLY PROGRESS COMPONENTS FOR HIGH 215.24 SCHOOLS.] (a) High schools with 20 or more students terminating 215.25 their education by graduating during the current school year or 215.26 dropping out during the previous four school years under 215.27 paragraph (b) must use graduation rates to demonstrate adequate 215.28 yearly progress. High schools with 20 or more students tested 215.29 must use statewide assessment scores in mathematics, reading, 215.30 and science to demonstrate adequate yearly progress. 215.31 (b) To demonstrate adequate yearly progress using 215.32 graduation rates, a high school must: 215.33 (1) have an 80 percent graduation rate for the previous 215.34 school year; or 215.35 (2) using the 2002-2003 school year as its base year, 215.36 demonstrate an annual increase in the graduation rate so that, 216.1 if improvement continues at the same rate, the school has an 80 216.2 percent graduation rate by the 2013-2014 school year. 216.3 A school's graduation rate is based on the number of students 216.4 terminating their education by graduating or dropping out during 216.5 the four-year period over which the graduation rate is computed 216.6 using the quasi-cohort method of the National Center on 216.7 Education Statistics. 216.8 (c) To demonstrate adequate yearly progress using students' 216.9 statewide reading and mathematics assessment scores, a high 216.10 school must meet the annual measurable objective for the school 216.11 and for every identified student subgroup of 20 or more tested 216.12 students within the school based upon the school's proficiency 216.13 index calculated under subdivision 7. 216.14 (d) The commissioner must: 216.15 (1) set schools' measurable objective consistent with 216.16 applicable federal law; 216.17 (2) incorporate federal "safe harbor" provisions in all 216.18 adequate yearly progress determinations that are based upon 216.19 students' statewide assessment scores in mathematics and 216.20 reading; and 216.21 (3) apply confidence intervals to prevent erroneous 216.22 "low-performing" designations that are due to a small student 216.23 population within a school or within an identified student 216.24 subgroup. 216.25 Subd. 6. [PERFORMANCES THAT DETERMINE ADEQUATE YEARLY 216.26 PROGRESS.] For purposes of the proficiency index of a school or 216.27 district, adequate yearly progress is determined based on the 216.28 performances of: 216.29 (1) those students enrolled in the school or district for 216.30 at least one school year, including those students with 216.31 disabilities taking a standard or accommodated form of the 216.32 statewide assessment, and limited English proficiency students 216.33 taking a standard or accommodated form of the statewide 216.34 assessment; 216.35 (2) the very few students under sections 120B.0012, 216.36 paragraph (b), and 120B.30, subdivision 1, paragraph (e), clause 217.1 (1), who take an alternative assessment are included in the 217.2 accountability system using a separate special education 217.3 attainment index; and 217.4 (3) those students under section 120B.30, subdivision 1, 217.5 paragraph (d), clause (1), who take the Minnesota test of 217.6 emerging academic English are included in the accountability 217.7 system using a separate limited English proficiency attainment 217.8 index. 217.9 Subd. 7. [PROFICIENCY INDEX CALCULATION.] The proficiency 217.10 index of a school or district equals: 217.11 (1) 100 times the number of students scoring at or above 217.12 level IIb; plus 217.13 (2) 50 times the number of students scoring in level IIa; 217.14 divided by 217.15 (3) the total number of students tested. 217.16 Consistent with applicable federal law, the proficiency 217.17 index reaches 100 only if all students in the school or district 217.18 score at or above level IIb by the 2013-2014 school year. 217.19 [EFFECTIVE DATE.] This section is effective the day 217.20 following final enactment and applies to the 2005-2006 school 217.21 year and later. 217.22 Sec. 8. [120B.361] [SCHOOL AND DISTRICT DESIGNATIONS.] 217.23 Subdivision 1. [UNDER REVIEW; LOW-PERFORMING.] A school or 217.24 district that fails to meet its adequate yearly progress targets 217.25 for one school year is designated "under review." A school or 217.26 district that fails to meet its adequate yearly progress targets 217.27 for two consecutive school years is designated "low-performing." 217.28 Subd. 2. [MEETS EXPECTATIONS.] A school or district is 217.29 designated as "meets expectations" if it: 217.30 (1) does not qualify for a "superior" or "excellent" 217.31 designation; 217.32 (2) met its adequate yearly progress targets for each of 217.33 the last two school years; or 217.34 (3) met its adequate yearly progress targets one school 217.35 year after being designated "under review." 217.36 Subd. 3. [EXCELLENT DESIGNATION.] (a) A school or district 218.1 is designated "excellent" if it meets its adequate yearly 218.2 progress target for two consecutive school years and satisfies 218.3 the criteria described in paragraphs (b) to (f). 218.4 (b) All students enrolled at least one school year taking 218.5 the regular or an accommodated form of statewide assessments: 218.6 (1) received average reading and mathematics scores above 218.7 1500; 218.8 (2) showed a mean score improvement rate in reading and 218.9 mathematics that brings students' scores to 1500 within five 218.10 school years; or 218.11 (3) showed average reading and mathematics scores exceeding 218.12 the estimated state average for schools with similar student 218.13 populations based on the combined percent of tested students who 218.14 are either eligible for a free or reduced price lunch, have an 218.15 individualized education plan, or have limited English 218.16 proficiency. 218.17 After two years of statewide annual testing in grades 3 218.18 through 8, elementary schools must be designated "excellent" 218.19 based on value-added, grade-to-grade gains in student 218.20 achievement, consistent with section 120B.35, and not based on 218.21 comparisons of schools with similar student populations under 218.22 clause (3). 218.23 (c) The school has at least a 95 percent average daily 218.24 attendance rate or improved its average daily attendance rate in 218.25 each of the last two consecutive school years so that, if 218.26 improvement continues at the same rate, it has a 95 percent 218.27 average daily attendance rate within five school years. 218.28 (d) A high school has at least a 90 percent graduation rate 218.29 or improved its graduation rate in each of the last two 218.30 consecutive school years so that, if improvement continues at 218.31 the same rate, it has a 90 percent graduation rate within five 218.32 school years. 218.33 (e) All teachers teaching English, mathematics, science, 218.34 social sciences, arts and literature, and foreign languages must 218.35 satisfy the definition of qualified teacher under section 218.36 122A.16. 219.1 (f) The school is a safe and drug-free school and not 219.2 designated a persistently dangerous school under section 219.3 120B.362. 219.4 (g) An excellent school or district deserves public 219.5 recognition and onetime financial awards that allow the school 219.6 or district to improve facilities and increase capacity to serve 219.7 students through intradistrict transfers or open enrollment 219.8 under section 124D.03. 219.9 Subd. 4. [SUPERIOR DESIGNATION.] (a) A school or district 219.10 is designated "superior" if it meets all the qualifications for 219.11 an "excellent" designation under subdivision 3 and evidences 219.12 best practices in curriculum, instruction, assessment, 219.13 professional development, parent and community involvement, 219.14 leadership, governance, and use of resources that are useful to 219.15 other schools or districts seeking to improve performance. 219.16 Evidence of a superior school or district may include the number 219.17 of students residing either outside the school attendance area 219.18 or the school district who seek to enroll in the school or 219.19 district. 219.20 (b) A superior school or district deserves public 219.21 recognition and onetime financial awards that allow the school 219.22 or district to improve facilities and increase capacity to serve 219.23 students through intradistrict transfers or open enrollment 219.24 under section 124D.03. 219.25 Subd. 5. [APPEALS.] A school or district may appeal in 219.26 writing a designation under this section to the accountability 219.27 advisory council under section 120B.365 within 30 days of 219.28 receiving the designation. The accountability advisory council 219.29 must advise the commissioner regarding the appeal. The 219.30 commissioner's decision to uphold or deny an appeal is final. 219.31 [EFFECTIVE DATE.] This section is effective the day 219.32 following final enactment and applies to the 2005-2006 school 219.33 year and later. 219.34 Sec. 9. [120B.362] [PERSISTENTLY DANGEROUS SCHOOLS.] 219.35 Subdivision 1. [DEFINITION.] A public school is a 219.36 persistently dangerous school if, during two of the three 220.1 previous school years: 220.2 (1) a student attending the school was disciplined under 220.3 section 121A.44 for bringing to school a firearm as defined in 220.4 United States Code, title 18, section 921; and 220.5 (2) the number of students disciplined under the Pupil Fair 220.6 Dismissal Act, sections 121A.40 to 121A.56, for offenses 220.7 committed on school grounds under subdivision 2 exceeds the 220.8 number of total annual incidents under subdivision 3. 220.9 Subd. 2. [DANGEROUS OFFENSES.] Offenses that must be 220.10 counted for purposes of defining a persistently dangerous school 220.11 include: 220.12 (1) possessing a dangerous weapon as defined in United 220.13 States Code, title 18, section 930, paragraph (g)(2); 220.14 (2) possessing or using a controlled substance under 220.15 section 152.01, subdivisions 4 and 9, and consistent with 220.16 applicable federal law; 220.17 (3) selling or soliciting the sale of a controlled 220.18 substance under section 152.01, subdivisions 4 and 9, and 220.19 consistent with applicable federal law; and 220.20 (4) committing third degree assault under section 609.223, 220.21 subdivision 1, or criminal sexual conduct under sections 609.342 220.22 to 609.3452. 220.23 Subd. 3. [TOTAL ANNUAL INCIDENTS.] A designation as a 220.24 persistently dangerous school requires that the total annual 220.25 number of offenses listed under subdivision 2 exceeds three 220.26 incidents in a school with fewer than 300 enrolled students or 220.27 one incident for every 100 students or fraction of 100 students 220.28 in a school with 300 or more enrolled students. 220.29 Subd. 4. [DANGEROUS INCIDENT.] (a) The commissioner must 220.30 review by January of each year the data from the three previous 220.31 school years that are included in the dangerous weapons reports 220.32 under section 121A.06. The commissioner must: 220.33 (1) base the initial "persistently dangerous school" 220.34 designations on these data; 220.35 (2) use the October 1 child count under section 120A.24 to 220.36 establish student enrollment levels; and 221.1 (3) provide preliminary notice of a "persistently dangerous 221.2 school" designation to schools and districts in February of each 221.3 year. 221.4 (b) A district may appeal a "persistently dangerous school" 221.5 designation under subdivision 5. If the commissioner upholds 221.6 the appeal, the commissioner must notify the affected school and 221.7 district by June 1 that the "persistently dangerous school" 221.8 designation does not apply. If the commissioner denies the 221.9 appeal, the commissioner must notify the affected school and 221.10 district by June that the "persistently dangerous school" 221.11 designation applies. 221.12 Subd. 5. [APPEAL OF DESIGNATION.] A school district may 221.13 submit to the accountability advisory council under section 221.14 120B.365 a written appeal of a persistently dangerous school 221.15 designation within 30 days of receiving the designation. The 221.16 appeal must show that the conditions under subdivisions 1 and 2 221.17 did not exist in two of the three previous school years. The 221.18 accountability advisory council must advise the commissioner 221.19 regarding the appeal. The commissioner's decision to uphold or 221.20 deny an appeal is final. 221.21 [EFFECTIVE DATE.] Subdivisions 1 to 4 are effective 221.22 immediately and apply to the 2005-2006 school year and later. 221.23 Subdivision 5 is effective immediately and applies to the 221.24 2005-2006 school year through the 2013-2014 school year. 221.25 Sec. 10. [120B.363] [TEACHER QUALITY.] 221.26 Subdivision 1. [CLASSROOM TEACHERS.] All teachers teaching 221.27 reading, writing, mathematics, science, social sciences, and 221.28 arts and literature must satisfy the definition of qualified 221.29 teacher under section 122A.16. 221.30 Subd. 2. [PARAPROFESSIONALS.] (a) All paraprofessionals 221.31 working in public schools, except those who provide only 221.32 parental involvement or translation services, must have at least 221.33 a high school diploma or a GED. 221.34 (b) Paraprofessionals who provide instructional services 221.35 must demonstrate their teaching qualifications to meet rigorous 221.36 standards by: 222.1 (1) passing a formal state assessment; 222.2 (2) completing at least two years of postsecondary study 222.3 related to their area of instruction; or 222.4 (3) obtaining at least an associate's degree related to 222.5 their area of instruction. 222.6 (c) Paraprofessionals hired by a school district after 222.7 January 30, 2002, must satisfy the requirements of paragraphs 222.8 (a) and (b) immediately upon employment. Paraprofessionals 222.9 hired by a school district before January 30, 2002, must satisfy 222.10 the requirements of paragraphs (a) and (b) by January 8, 2006. 222.11 Subd. 3. [BOARD OF TEACHING REVIEW OF PRAXIS.] The board 222.12 of teaching must compare Minnesota's current passing criteria 222.13 and scores for the Praxis test against those of other states. 222.14 If the board finds that one or more of Minnesota's passing 222.15 scores is below the scores of at least 25 other states, the 222.16 board must submit a written report by January 3, 2004, to the 222.17 commissioner and the education committees of the legislature 222.18 explaining Minnesota's low passing scores. 222.19 [EFFECTIVE DATE.] This section is effective immediately. 222.20 To the extent the federal government allows, the commissioner 222.21 may waive for up to six months the teaching qualifications under 222.22 subdivision 2, paragraph (b), applicable to a paraprofessional 222.23 hired after January 30, 2002. 222.24 Sec. 11. [120B.364] [REPORT CARDS.] 222.25 Subdivision 1. [SCHOOL REPORTS.] (a) All public schools 222.26 annually must have an electronic or printed report available 222.27 upon request to parents and the public. The report must include 222.28 at least the following schoolwide information: 222.29 (1) a mean score and the percent of students by grade and 222.30 subject scoring at or above the state's expected level of 222.31 performance on statewide tests, and disaggregated by subgroups 222.32 with ten or more students where subgroups are defined by gender, 222.33 migrant status, limited English proficiency status, special 222.34 education status, ethnicity, and eligibility for free or reduced 222.35 price lunch; 222.36 (2) the number and percent of students tested who scored 223.1 within each of the state's proficiency levels in the school as a 223.2 whole and in each subgroup with ten or more students; 223.3 (3) the percent of students tested in the school as a whole 223.4 and in each subgroup with ten or more students; 223.5 (4) two-year trend data in the mean and percent of students 223.6 tested by grade and subject who meet or exceed the state's 223.7 expectation for achievement; 223.8 (5) after two years of statewide annual testing in grades 3 223.9 through 8 and one grade in high school, the school average 223.10 value-added, grade-to-grade gains in student achievement, 223.11 consistent with section 120B.35 and this section, and the 223.12 percent of students predicted to meet proficiency levels under 223.13 high school graduation or higher education readiness standards, 223.14 or other standards the commissioner designates for reporting 223.15 gain scores; 223.16 (6) the number and percent of teachers teaching in core 223.17 academic areas who are certified in that particular core 223.18 academic area of instruction and the number and percent of 223.19 teachers holding emergency credentials who are teaching in core 223.20 academic areas; 223.21 (7) the average attendance rate by grade; and 223.22 (8) for high schools with ten or more students terminating 223.23 by graduating or dropping out of school under the quasi-cohort 223.24 formula under section 120B.36, subdivision 5, paragraph (b), the 223.25 average graduation rate by grade. 223.26 (b) To permit comparisons, the report also must show, 223.27 alongside the schoolwide means and percents, the same categories 223.28 showing statewide and districtwide means and percents. If the 223.29 school is designated low-performing or unsafe, the report must 223.30 name the school and show the designation, the sanctions imposed 223.31 on the school as a result of the designation, and the actions 223.32 taken to improve the school's performance. If the school is 223.33 designated excellent or superior, the report must name the 223.34 school, show the designation, and describe the achievements and 223.35 exemplary practices on which the designation is based. 223.36 (c) The commissioner must post on the department Web site 224.1 the school information reported under this subdivision. A 224.2 school with a printed report must make copies of the report 224.3 available to public libraries under chapter 134 that are located 224.4 within the district in which the school is located. A school 224.5 must consider the extent of parent and public access to 224.6 electronic media when deciding the form in which to publish the 224.7 report. 224.8 Subd. 2. [DISTRICT REPORTS.] (a) All school districts 224.9 annually must have an electronic or printed report available 224.10 upon request to parents and the public. The report must include 224.11 at least the following districtwide information: 224.12 (1) a mean score and the percent of students by grade and 224.13 subject scoring at or above the state's expected level of 224.14 performance on statewide tests, and disaggregated by subgroups 224.15 with ten or more students where subgroups are defined by gender, 224.16 migrant status, limited English proficiency status, special 224.17 education status, ethnicity, and eligibility for free or reduced 224.18 price lunch; 224.19 (2) the number and percent of students tested who scored 224.20 within each of the state's proficiency levels; 224.21 (3) the percent of students tested in the district as a 224.22 whole and in each subgroup with ten or more students; 224.23 (4) two-year trend data in the mean and percent of students 224.24 tested by grade and subject who meet or exceed the state's 224.25 expectation for achievement; 224.26 (5) after two years of statewide annual testing in grades 3 224.27 through 8 and one grade in high school, the district average 224.28 value-added, grade-to-grade gains in student achievement, 224.29 consistent with section 120B.35 and this section, and the 224.30 percent of students predicted to meet proficiency levels under 224.31 high school graduation or higher education readiness standards, 224.32 or other standards the commissioner designates for reporting 224.33 gain scores; 224.34 (6) the number and percent of teachers teaching in core 224.35 academic areas who are certified in that particular core 224.36 academic area of instruction and the number and percent of 225.1 teachers holding emergency credentials who are teaching in core 225.2 academic areas of English, mathematics, science, social 225.3 sciences, arts and literature, and foreign languages; 225.4 (7) the average attendance rate by grade; and 225.5 (8) for high schools with ten or more students terminating 225.6 by graduating or dropping out of school under the quasi-cohort 225.7 formula under section 120B.36, subdivision 5, paragraph (b), the 225.8 average graduation rate by grade. 225.9 (b) To permit comparisons, the report also must show, 225.10 alongside the districtwide means and percents, the same 225.11 categories showing statewide means and percents. If a school 225.12 within the district is designated low-performing or unsafe, the 225.13 report must name the school and show the designation by school, 225.14 the sanctions imposed on the school as a result of the 225.15 designation, and the actions taken to improve the school's 225.16 performance. If a school within the district is designated 225.17 excellent or superior, the report must name the school, show the 225.18 designation by school, and describe the achievements and 225.19 exemplary practices on which the designation is based. 225.20 (c) The commissioner must post on the department Web site 225.21 the district information reported under this subdivision. A 225.22 district with a printed report must make copies of the report 225.23 available to public libraries under chapter 134 that are located 225.24 within the district. A district must consider the extent of 225.25 parent and public access to electronic media when deciding the 225.26 form in which to publish the report. 225.27 Subd. 3. [DETERMINING WHERE A STUDENT IS ENROLLED FOR 225.28 ACCOUNTABILITY PURPOSES.] (a) For purposes of establishing 225.29 accountability, a student is enrolled in the district or charter 225.30 school that, under the UFARS system, receives payments directly 225.31 from the state for costs related to educating that student, 225.32 except under paragraph (e). A school or district that contracts 225.33 with another school, district, area learning center, or 225.34 alternative learning program to provide education services to a 225.35 student who initially enrolls in the contracting school or 225.36 district, remains accountable for that student. 226.1 (b) A school under this section is any public school 226.2 assigned a unique identification number under the UFARS system. 226.3 (c) An area learning center under this section is any 226.4 public school type 41 to 49 under the UFARS system. 226.5 (d) A student participating in an alternative learning 226.6 program that is located within a larger school is enrolled in 226.7 the larger school, except if the student is participating in an 226.8 alternative learning program located in an area learning center 226.9 under paragraph (c). 226.10 (e) A student is enrolled in the district or charter school 226.11 that provides educational services to the student if a court 226.12 orders a student transfer under chapter 260B. 226.13 [EFFECTIVE DATE.] This section is effective immediately. 226.14 Sec. 12. [120B.365] [ACCOUNTABILITY ADVISORY COUNCIL.] 226.15 Subdivision 1. [ESTABLISHMENT.] An accountability advisory 226.16 council is established under section 15.059. The advisory 226.17 council is composed of nine members appointed by the 226.18 commissioner from throughout the state with interest and 226.19 experience in education, and must include educators, parents and 226.20 members of the public, and the business community. No council 226.21 member shall be engaged in any activity where a conflict of 226.22 interest may arise. Council members annually must elect a 226.23 council chair from among the council members and no council 226.24 member may serve more than two consecutive years as council 226.25 chair. 226.26 Subd. 2. [DUTIES.] The council shall: 226.27 (1) hear appeals of school and district designations under 226.28 sections 120B.361 and 120B.362; 226.29 (2) identify schools and districts eligible for an 226.30 "excellent" or "superior" designation, consistent with the 226.31 requirements under section 123B.61, subdivisions 3 and 4; and 226.32 (3) make recommendations to the commissioner regarding 226.33 those designations. The commissioner's decision regarding a 226.34 designation is final. 226.35 Subd. 3. [ANNUAL REPORT; RECOMMENDATIONS.] The council 226.36 annually by March 1 must submit to the committees of the 227.1 legislature having jurisdiction over kindergarten through grade 227.2 12 education policy and budget issues a report that summarizes 227.3 the grounds on which schools and school districts submitted 227.4 appeals to the council, the council's recommendations to the 227.5 commissioner regarding the appeals, and the commissioner's 227.6 decision. The report also must list the schools and school 227.7 districts eligible for an "excellent" or "superior" designation, 227.8 the council's recommendations regarding the designations and the 227.9 commissioner's decision. The report must state the basis for 227.10 designating a particular school or district as "excellent" or 227.11 "superior." The council may use the content of the reports to 227.12 recommend to the commissioner changes in the state's educational 227.13 accountability system. The commissioner, in consultation with 227.14 the council, must compile and make available in print or 227.15 electronic media on a biannual basis a list of best practices 227.16 culled from schools and districts designated as "excellent" or 227.17 "superior." The commissioner must assist the council upon 227.18 request. 227.19 Subd. 4. [EXPIRATION.] Notwithstanding section 15.059, 227.20 subdivision 5, the council expires on June 30, 2014. 227.21 [EFFECTIVE DATE.] This section is effective immediately and 227.22 applies to the 2005-2006 school year and later. 227.23 Sec. 13. [REPEALER.] 227.24 (a) Minnesota Statutes 2002, section 120B.031, is repealed. 227.25 (b) Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 227.26 3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0380; 227.27 3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0440; 227.28 3501.0441; 3501.0442; 3501.0443; 3501.0444; 3501.0445; 227.29 3501.0446; 3501.0447; 3501.0448; 3501.0449; 3501.0450; 227.30 3501.0460; 3501.0461; 3501.0462; 3501.0463; 3501.0464; 227.31 3501.0465; 3501.0466; 3501.0467; 3501.0468; and 3501.0469, are 227.32 repealed. 227.33 [EFFECTIVE DATE.] This section is effective for the 227.34 2003-2004 school year and thereafter. 227.35 ARTICLE 14 227.36 COMMISSIONER'S DUTIES 228.1 Section 1. [MINNESOTA'S HIGH EDUCATIONAL STANDARDS.] 228.2 The standards adopted by the commissioner under article 1, 228.3 section 2, paragraph (a), must be identical to the standards 228.4 contained in articles 3 to 12 of this act. 228.5 Sec. 2. [RECOMMENDATIONS ON HIGH EDUCATIONAL STANDARDS.] 228.6 (a) The commissioner of children, families, and learning, 228.7 after consulting with stakeholders under paragraph (b), must 228.8 provide written recommendations to the committees of the 228.9 legislature having jurisdiction over kindergarten through grade 228.10 12 education policy and budget issues by February 1, 2004, that 228.11 indicate: 228.12 (1) a plan to have Minnesota teachers grade constructed 228.13 response questions; 228.14 (2) what cut-scores on high school reading and mathematics 228.15 assessments indicate that remedial instruction in the state's 228.16 two-year higher education institutions is unneeded; 228.17 (3) what modifications or improvements to the statewide 228.18 assessments, standards, and benchmarks in the areas of 228.19 mathematics, science, reading, and writing are needed to reduce 228.20 remedial instruction in the state's higher education 228.21 institutions within two years of high school graduation; 228.22 (4) the extent to which successful district programs 228.23 developed under the profile of learning may be incorporated into 228.24 state standards developed under this act; 228.25 (5) how best to integrate content with application, 228.26 critical reasoning, and higher-order thinking into standards 228.27 developed under this act; 228.28 (6) how to effectively assist teachers in formulating 228.29 curriculum for classroom instruction consistent with standards 228.30 developed under this act; 228.31 (7) how to modify the state assessments and the scoring 228.32 procedures so that the tests are returned to districts within 228.33 four weeks of the test administration, have the tests fulfill 228.34 district diagnostic requirements and the state testing 228.35 requirements, and have the tests include both short answer and 228.36 multiple choice answers; 229.1 (8) how to incorporate economics content standards in 229.2 article 9 of this act into the social sciences learning area; 229.3 and 229.4 (9) a plan to develop statewide tests for the social 229.5 sciences learning area in the subject areas of American history, 229.6 geography, civics, and economics, not including personal finance. 229.7 (b) The commissioner must consult with at least the 229.8 following stakeholders when developing recommendations under 229.9 paragraph (a): 229.10 (1) parents of school-age children and members of the 229.11 public throughout the state; 229.12 (2) teachers throughout the state currently licensed and 229.13 providing instruction in one of the six learning areas under 229.14 Minnesota Statutes, section 120B.0013, and elementary and 229.15 secondary school administrators throughout the state currently 229.16 administrating a school site; 229.17 (3) currently serving members of local school boards and 229.18 charter school boards throughout the state; 229.19 (4) faculty at Minnesota's postsecondary institutions 229.20 providing instruction related to one of the six learning areas; 229.21 (5) representatives of Minnesota's business community; and 229.22 (6) national associations of teachers for the six required 229.23 learning areas. 229.24 [EFFECTIVE DATE.] This section is effective the day 229.25 following final enactment. 229.26 Sec. 3. [LEGISLATIVE APPROVAL OF PROPOSED RULES 229.27 ESTABLISHING STANDARDS AND EDUCATIONAL ACCOUNTABILITY; INTERIM 229.28 STANDARDS.] 229.29 To fulfill the obligation of the legislature to pursue 229.30 educational excellence for all Minnesota citizens and provide 229.31 educational accountability, the commissioner of children, 229.32 families, and learning must present to the committees of the 229.33 legislature charged with oversight of kindergarten through grade 229.34 12 education policy and kindergarten through grade 12 education 229.35 funding all proposed rules and all proposed amendments to or 229.36 repeals of existing rules under Minnesota Statutes, sections 230.1 120B.0012 and 120B.36. The commissioner may not adopt new rules 230.2 or amend or repeal existing rules under Minnesota Statutes, 230.3 sections 120B.0012 and 120B.36, without specific legislative 230.4 authorization. 230.5 [EFFECTIVE DATE.] This section is effective the day 230.6 following final enactment. 230.7 Sec. 4. [8TH GRADE TESTS.] 230.8 The commissioner shall develop a methodology for using 230.9 portions of the tests in the subject areas of reading and 230.10 mathematics for grade 8 students that meet the accountability 230.11 requirements that are required by federal law and provide the 230.12 opportunity for students to demonstrate that they have met the 230.13 state basic skills high school graduation requirement. The 230.14 commissioner shall also develop procedures for students who do 230.15 not initially meet the state basic skills requirement through 230.16 their scores on the basic skills portions of the test by either 230.17 allowing those students in future years to retake the grade 8 230.18 state tests or by taking a different test that covers basic 230.19 content. 230.20 Sec. 5. [STANDARDS; KEY UNDERSTANDINGS.] 230.21 If necessary, the commissioner may refer to the key 230.22 understandings developed as part of a revision of the profile of 230.23 learning by the mid-continent regional educational laboratory in 230.24 order to provide grade-level banding for the state standards 230.25 adopted under this act. 230.26 ARTICLE 15 230.27 REQUIRED: READING, VIEWING, AND LISTENING 230.28 Section 1. [READING, VIEWING, AND LISTENING - PRIMARY.] 230.29 Subdivision 1. [PURPOSE.] Understand that written and 230.30 spoken words connect to ideas purposefully and that the 230.31 individual must be an active participant in order to comprehend 230.32 essential ideas. 230.33 Subd. 2. [PART A.] A student shall demonstrate an 230.34 understanding of: 230.35 (1) grade-appropriate sight words and listening vocabulary, 230.36 including synonyms and antonyms; 231.1 (2) the print conventions of English; 231.2 (3) the various purposes for reading, viewing, and 231.3 listening (for example, for pleasure) to gain or evaluate 231.4 information, or to apply knowledge; 231.5 (4) characters, setting, and sequence of events in fiction 231.6 selections; 231.7 (5) topic, main idea, and supporting details in nonfiction 231.8 selections; and 231.9 (6) reading, viewing, and listening to literary and 231.10 nonfiction selections from a variety of genres (for example, 231.11 folk tale, poetry, drama, realistic fiction, fantasy, 231.12 information books, or biography). 231.13 Subd. 3. [PART B.] A student shall demonstrate the ability 231.14 to: 231.15 (1) make sense of words and comprehend meaning in 231.16 grade-appropriate fiction and nonfiction selections by: 231.17 (i) decoding words (for example, through the use of letter 231.18 sounds, blends, diagraphs, diphthongs, and word structures); and 231.19 (ii) integrating cueing systems, including graphophonic, 231.20 structure, and meaning; 231.21 (2) interact with grade-appropriate fiction and nonfiction 231.22 selections during the reading, viewing, and listening process by: 231.23 (i) setting a purpose; 231.24 (ii) activating prior knowledge; 231.25 (iii) previewing the selection; 231.26 (iv) monitoring and using self-correction strategies (for 231.27 example, rereading, noticing miscues, searching for cues, and 231.28 asking for help); 231.29 (v) reflecting on the meaning of and responding to text; 231.30 (vi) reading aloud fluently, with expression and accuracy; 231.31 and 231.32 (vii) reading silently; 231.33 (3) understand and interpret fiction and/or nonfiction by: 231.34 (i) making and supporting inferences; and 231.35 (ii) using information from illustrations, charts, graphs, 231.36 and oral and media presentations to enhance comprehension; 232.1 (4) critically read, view, and listen to grade-appropriate 232.2 fiction and nonfiction selections by: 232.3 (i) comparing and contrasting elements (for example, 232.4 characters, settings, ideas, or actions) of one or more 232.5 selections; and 232.6 (ii) formulating questions pertaining to a selection that 232.7 was read, viewed, or heard; and 232.8 (5) apply information in grade-appropriate nonfiction 232.9 selections by using multiple-step instructions to perform an 232.10 action. 232.11 Sec. 2. [READING, VIEWING, AND LISTENING - INTERMEDIATE.] 232.12 Subdivision 1. [PURPOSE.] Go beyond the literal meaning of 232.13 the selection and begin to show more sophisticated 232.14 comprehension, including making inferences, analyzing, reacting 232.15 to, and evaluating fiction and nonfiction selections. 232.16 Subd. 2. [PART A.] A student shall demonstrate an 232.17 understanding of: 232.18 (1) grade-appropriate word study, including: 232.19 (i) sight words; and 232.20 (ii) reading and listening vocabulary (for example, 232.21 synonyms, antonyms, homophones, and multiple meaning words); 232.22 (2) text features (for example, chapter titles and 232.23 captions); 232.24 (3) the various purposes for reading, viewing, and 232.25 listening (for example, for pleasure) to gain or evaluate 232.26 information, or to apply knowledge; 232.27 (4) the organizational structure of story plots (for 232.28 example, main problem, conflict, and resolution in fiction); 232.29 (5) the organizational structure of grade-appropriate 232.30 nonfiction selections, including: 232.31 (i) topic, main idea, and details; and 232.32 (ii) compare and contrast, cause and effect, logical, and 232.33 sequential order; 232.34 (6) various genres (for example, fairy tale, mythology, 232.35 folk tale, poetry, fable, fantasy, historical fiction, realistic 232.36 fiction, biography, and autobiography); and 233.1 (7) literary devices used in literary selections (for 233.2 example, personification, alliteration, onomatopoeia, simile, 233.3 metaphor, and imagery). 233.4 Subd. 3. [PART B.] A student shall demonstrate the ability 233.5 to: 233.6 (1) make sense of words and comprehend meaning in 233.7 grade-appropriate fiction and nonfiction selections by: 233.8 (i) decoding words (for example, through the use of vowel 233.9 patterns, complex word families, syllabication, root words, and 233.10 affixes); and 233.11 (ii) using word structure and context; 233.12 (2) interact with grade-appropriate fiction and nonfiction 233.13 selections during the reading, viewing, and listening process by: 233.14 (i) setting a purpose; 233.15 (ii) activating prior knowledge; 233.16 (iii) previewing the selection; 233.17 (iv) using specific strategies to clear up confusing parts 233.18 of the text (for example, pausing, rereading, viewing or 233.19 listening to a selection again, consulting another source, 233.20 representing information as a mental picture, drawing upon 233.21 background information, and asking for help); 233.22 (v) reading, viewing, and listening to literary and 233.23 nonfiction selections from a variety of genres and then 233.24 reflecting on the meaning of and responding to the selection; 233.25 and 233.26 (vi) reading narrative and expository text aloud with 233.27 developmentally appropriate fluency, accuracy, pacing, 233.28 intonation, and expression; 233.29 (3) understand and interpret fiction and/or nonfiction by: 233.30 (i) summarizing print and nonprint selections; 233.31 (ii) making inferences and drawing conclusions that are 233.32 supported with information from the selections; and 233.33 (iii) using information from illustrations, charts, graphs, 233.34 maps, media, and oral presentations to enhance comprehension; 233.35 (4) critically read, view, and listen to grade-appropriate 233.36 fiction and/or nonfiction selections by: 234.1 (i) comparing and contrasting information on the same topic 234.2 from different sources; 234.3 (ii) distinguishing fact from opinion; 234.4 (iii) identifying author's purpose; and 234.5 (iv) formulating questions pertaining to a selection that 234.6 was read, heard, or viewed; and 234.7 (5) apply information in grade-appropriate nonfiction 234.8 selections by using multiple-step instructions to perform an 234.9 action. 234.10 Sec. 3. [READING, VIEWING, AND LISTENING TO COMPLEX 234.11 INFORMATION - MIDDLE SCHOOL.] 234.12 Subdivision 1. [PURPOSE.] Make the transition to adult 234.13 reading, listening, and viewing by gaining confidence with more 234.14 difficult and complex fiction, nonfiction, and technical 234.15 selections. 234.16 Subd. 2. [PART A.] A student shall demonstrate an 234.17 understanding of: 234.18 (1) grade-appropriate word knowledge in order to read, 234.19 view, or listen to a selection, including general, specific, and 234.20 technical vocabulary; 234.21 (2) text features intended to enhance comprehension in 234.22 print (for example, bold-faced headings, italics, margin notes, 234.23 color, introductions, and conclusions); 234.24 (3) the various purposes for reading, viewing, and 234.25 listening (for example, for pleasure) to gain or evaluate 234.26 information, or to apply knowledge; 234.27 (4) criteria for evaluation of fiction (for example, plot 234.28 and character development, literary merit, thematic development, 234.29 and use of language); 234.30 (5) figurative language, literary devices, and imagery in 234.31 fiction and nonfiction selections; 234.32 (6) various literary and nonfiction genres (for example, 234.33 short stories, novels, poetry, drama, editorials, or essays); 234.34 (7) determining the patterns of organization in fiction 234.35 (for example, genre); nonfiction (for example, compare and 234.36 contrast, cause and effect, topical, and chronological); and 235.1 technical selections; and 235.2 (8) source evaluation, author's qualifications, bias, and 235.3 evidence in nonfiction. 235.4 Subd. 3. [PART B.] A student shall demonstrate the ability 235.5 to: 235.6 (1) make sense of words in order to comprehend meaning in 235.7 grade-appropriate fiction and nonfiction selections by: 235.8 (i) using context clues; derivations (for example, roots, 235.9 prefixes, and suffixes); and word origins; and 235.10 (ii) interpreting figurative language, literary devices, 235.11 and imagery in fiction; 235.12 (2) interact with grade-appropriate fiction and nonfiction 235.13 selections during the reading, viewing, and listening process by: 235.14 (i) setting a purpose, activating prior knowledge, and 235.15 previewing selections; 235.16 (ii) monitoring and clarifying understanding of selections; 235.17 (iii) adjusting rate based on purpose and difficulty in 235.18 text; and 235.19 (iv) identifying transitional words in print and nonprint 235.20 selections; 235.21 (3) comprehend and interpret grade-appropriate fiction, 235.22 nonfiction, and technical selections by: 235.23 (i) paraphrasing events, ideas, or steps in sequence; 235.24 (ii) recognizing and analyzing genres; 235.25 (iii) interpreting ideas not explicitly stated (for 235.26 example, main idea and conclusions); 235.27 (iv) drawing conclusions and making predictions by using 235.28 information or clues in the selection and by using prior 235.29 knowledge, and interpreting presentations of data in selections; 235.30 and 235.31 (v) organizing information to show the hierarchy of ideas 235.32 within selections (for example, through plot lines, timelines, 235.33 flow charts, and task-specific graphic organizers); and 235.34 (4) evaluate elements of fiction in grade-appropriate 235.35 selections according to preestablished criteria while reading, 235.36 viewing, and listening to a variety of genres (for example, 236.1 short story, drama, mythology, folk tales, novels, and fantasy) 236.2 by: 236.3 (i) describing characters and events, interpreting social 236.4 practices, connecting selections with other selections or 236.5 related experiences, critiquing, or judging; 236.6 (ii) reflecting on the meaning of and responding to 236.7 selections; and 236.8 (iii) identifying tone, character development, plot, 236.9 imagery, literary merit, thematic development, and use of 236.10 language; 236.11 (5) critically read, view, and listen to grade-appropriate 236.12 nonfiction or technical selections by: 236.13 (i) contrasting information on the same topic from 236.14 different types of sources; 236.15 (ii) identifying and contrasting information from both 236.16 informative and persuasive selections on the same topic; 236.17 (iii) recognizing stereotyping; 236.18 (iv) identifying source documentation, author, and evidence 236.19 in a selection; 236.20 (v) distinguishing fact from opinion in mixed statements; 236.21 (vi) recognizing persuasion in print and nonprint 236.22 selections; 236.23 (vii) identifying author's purpose and point of view when 236.24 given more than one selection on the same topic; and 236.25 (viii) formulating questions pertaining to a selection that 236.26 was read, viewed, or listened to; and 236.27 (6) apply information in grade-appropriate nonfiction and 236.28 technical selections by: 236.29 (i) following step-by-step directions using appropriate 236.30 tools and procedures; and 236.31 (ii) identifying information in a selection that is needed 236.32 to complete a task or make a decision. 236.33 Sec. 4. [TECHNICAL INFORMATION - HIGH SCHOOL.] 236.34 Subdivision 1. [PURPOSE.] Interpret, analyze, apply, and 236.35 evaluate information presented in nonfiction and technical 236.36 selections. 237.1 Subd. 2. [PART A.] A student shall demonstrate an 237.2 understanding of: 237.3 (1) grade-appropriate word knowledge in order to read, 237.4 view, and listen to nonfiction and technical selections, 237.5 including, but not limited to, general, specific, and technical 237.6 vocabulary; 237.7 (2) features intended to enhance comprehension in print and 237.8 nonprint selections; 237.9 (3) the various purposes for reading, viewing, and 237.10 listening to nonfiction and technical selections (for example, 237.11 for pleasure) to gain or evaluate information, or to apply 237.12 knowledge; 237.13 (4) transitional and organizing words in print and nonprint 237.14 selections; 237.15 (5) patterns of organization in persuasive nonfiction; 237.16 (6) various nonfiction and technical genres (for example, 237.17 editorials, letters to the editor, contemporary essays, primary 237.18 sources, taped interviews, films, documentaries, or satire); and 237.19 pamphlets, how-to selections, directions, or manuals; 237.20 (7) figurative language, imagery, and literary devices 237.21 while reading, viewing, and listening to nonfiction selections; 237.22 (8) critical evaluation of source, including internal and 237.23 external authority, bias, evidence, purpose, and audience; and 237.24 (9) the logic of reasoning in nonfiction selections. 237.25 Subd. 3. [PART B.] The student shall demonstrate the 237.26 ability to: 237.27 (1) make sense of words and improve comprehension in 237.28 grade-appropriate selections by: 237.29 (i) using strategies, including context clues and 237.30 derivation to acquire grade-appropriate vocabulary; and 237.31 (ii) interpreting figurative language and imagery in 237.32 nonfiction selections, including symbolism, tone, irony, and 237.33 satire; 237.34 (2) interact with grade-appropriate nonfiction and 237.35 technical selections by: 237.36 (i) setting a purpose, activating prior knowledge, and 238.1 previewing selections; 238.2 (ii) monitoring and clarifying understanding of selections; 238.3 (iii) adjusting rate based on purpose and difficulty in 238.4 text; and 238.5 (iv) identifying transitional words in print and nonprint 238.6 selections; 238.7 (3) comprehend and interpret grade-appropriate nonfiction 238.8 and technical selections by: 238.9 (i) restating and summarizing important ideas, events, and 238.10 steps from oral presentations, video, film, or computer data 238.11 manuals (for example, by taking notes, creating structural 238.12 organizers, participating in discussions, or creating an 238.13 abstract, precis, or synopsis); 238.14 (ii) drawing conclusions and making predictions from 238.15 multiple selections on the same topic; 238.16 (iii) interpreting presentations of data in connection with 238.17 other information in selections; 238.18 (iv) differentiating persuasive patterns of organization 238.19 (for example, problem-solution, thesis-evidence, 238.20 opinion-reason); and 238.21 (v) organizing information to clearly show the hierarchy of 238.22 ideas within a selection; 238.23 (4) critically read, view, and listen to grade-appropriate 238.24 nonfiction and technical selections by: 238.25 (i) determining whether the evidence given is appropriate, 238.26 adequate, and accurate; 238.27 (ii) evaluating the credibility and reliability of the 238.28 source; 238.29 (iii) evaluating bias and logic of reasoning; 238.30 (iv) interpreting persuasive print and nonprint selections; 238.31 (v) evaluating author's point of view, intended audience, 238.32 and authority; 238.33 (vi) formulating critical, evaluative questions relevant to 238.34 a selection; and 238.35 (vii) evaluating how the type of communication shapes or 238.36 limits the information; and 239.1 (5) apply information in grade-appropriate nonfiction and 239.2 technical selections by: 239.3 (i) following step-by-step directions, using appropriate 239.4 tools and procedures, to build or assemble, maintain or repair, 239.5 analyze a situation, or create a design; 239.6 (ii) selecting relevant information from electronic media, 239.7 print and nonprint sources, and visual presentations in order to 239.8 determine a course of action; and 239.9 (iii) selecting relevant information from electronic media, 239.10 print and nonprint sources, and visual presentations in order to 239.11 complete an application. 239.12 ARTICLE 16 239.13 REQUIRED: WRITING AND SPEAKING 239.14 Section 1. [WRITING - PRIMARY.] 239.15 Subdivision 1. [PURPOSE.] Write effectively for a variety 239.16 of purposes and audiences. 239.17 Subd. 2. [PART A.] A student shall demonstrate an 239.18 understanding of the writing process and characteristics of 239.19 effective writing by: 239.20 (1) using prewriting strategies (for example, retelling 239.21 ideas); drawing pictures and webs to generate ideas; or 239.22 discussing ideas with peers; 239.23 (2) drafting and revising written work using strategies 239.24 that include rereading, rearranging words and sentences; varying 239.25 beginnings of sentences and sentence types; adding descriptive 239.26 words and details; and organizing for a beginning, middle, and 239.27 end sequence; 239.28 (3) editing and publishing written work using strategies 239.29 that include editing and proofreading for spelling, 239.30 capitalization, punctuation, grammar, and sentence formation at 239.31 a developmentally appropriate level; and sharing or presenting 239.32 finished products; 239.33 (4) adapting writing for a variety of audiences and 239.34 purposes by creating, for example, picture books; letters; 239.35 poems; or responses to literature; and 239.36 (5) evaluating own and others' writing by, for example, 240.1 asking questions and commenting about writings; recognizing 240.2 conventions and other characteristics of effective writing in 240.3 own and others' work at a developmentally appropriate level; or 240.4 helping others apply conventions and other characteristics of 240.5 effective writing. 240.6 Subd. 3. [PART B.] A student shall demonstrate the ability 240.7 to write for a variety of purposes in a selection of forms 240.8 employing developmentally appropriate conventions by: 240.9 (1) composing a how-to piece that includes directions with 240.10 accurately sequenced multiple steps; task-specific vocabulary; 240.11 illustrations or other visuals; and an incorporated listing of 240.12 necessary materials; 240.13 (2) composing a narrative based on personal experience, 240.14 observation, or imagination that includes details, descriptions, 240.15 and examples to create images; and accurately sequenced ideas or 240.16 events; and 240.17 (3) composing a report describing and giving information 240.18 about a person, object, or a situation that includes a main 240.19 idea; supporting facts or details; and a conclusion. 240.20 Sec. 2. [SPEAKING - PRIMARY.] 240.21 Subdivision 1. [PURPOSE.] Speak effectively for a variety 240.22 of purposes. 240.23 Subd. 2. [PART A.] A student shall demonstrate an 240.24 understanding of strategies for effective speaking and 240.25 interpersonal communication in developmentally appropriate ways 240.26 by: 240.27 (1) recognizing and following rules of respectful 240.28 conversation; 240.29 (2) making contributions in class and in group discussions; 240.30 (3) adapting voice level, phrasing, intonation, and 240.31 vocabulary for different speaking situations and audiences (for 240.32 example, peers, small groups, or large groups); 240.33 (4) asking and responding to questions; and 240.34 (5) reciting and responding to stories and poems. 240.35 Subd. 3. [PART B.] A student shall demonstrate the ability 240.36 to speak in a variety of situations by: 241.1 (1) giving an informative presentation that includes 241.2 examples to explain the main idea and responses to questions 241.3 from the audience; and 241.4 (2) giving a brief narrative presentation based on 241.5 experience or imagination that includes a context for the 241.6 narrative, details, and appropriately sequenced events. 241.7 Sec. 3. [WRITING - INTERMEDIATE.] 241.8 Subdivision 1. [PURPOSE.] Write effectively for a variety 241.9 of purposes and audiences. 241.10 Subd. 2. [PART A.] A student shall demonstrate an 241.11 understanding of the writing process and characteristics of 241.12 effective writing by: 241.13 (1) using prewriting strategies (for example, graphic 241.14 organizers, informal interviews, notes, or organizing material 241.15 according to type and purpose of writing); 241.16 (2) drafting and revising of written work using strategies 241.17 that include elaborating on a central idea by using specific 241.18 facts and details; developing multiple paragraphs connected by 241.19 transitional words and devices; employing dialogue, description, 241.20 exposition, and reflection when appropriate; and varying 241.21 sentence type and length; 241.22 (3) editing and publishing written work using strategies 241.23 that include editing and proofreading for spelling, 241.24 capitalization, punctuation, grammar, and paragraphing at a 241.25 developmentally appropriate level; incorporating photos, 241.26 illustrations, charts, or graphs when needed; and using 241.27 appropriate available technology to edit and publish work; 241.28 (4) adapting writing for a variety of audiences and 241.29 purposes by creating, for example, biographies; stories; writing 241.30 to demonstrate learning in various content areas; or learning 241.31 logs or journals; and 241.32 (5) evaluating own and others' writing by, for example, 241.33 determining best features of a piece of writing; asking for 241.34 feedback during writing process; responding to others' writing; 241.35 or using preset criteria to judge quality of pieces of writing. 241.36 Subd. 3. [PART B.] A student shall demonstrate the ability 242.1 to write for a variety of purposes in a selection of forms 242.2 employing developmentally appropriate conventions by: 242.3 (1) composing a piece using a problem-solution organization 242.4 that includes explaining a problem or conflict using details and 242.5 evidence; and presenting a possible solution or resolution to 242.6 the problem or conflict using details and evidence; 242.7 (2) composing a description of a real or imagined person, 242.8 place, object, incident, or process that includes a clear 242.9 organizational structure; and details and descriptive words that 242.10 create images; 242.11 (3) composing a narrative based on direct experience, 242.12 observation, or imagination that includes a flow of action with 242.13 a beginning, middle, and end; a description of setting and 242.14 character using details; and dialogue when appropriate; and 242.15 (4) composing an expository piece that includes an 242.16 explanation of or an assertion about a topic starting with a 242.17 main idea, facts, details, and examples to develop the topic; 242.18 and a conclusion. 242.19 Sec. 4. [SPEAKING - INTERMEDIATE.] 242.20 Subdivision 1. [PURPOSE.] Speak effectively for a variety 242.21 of purposes. 242.22 Subd. 2. [PART A.] A student shall demonstrate an 242.23 understanding of strategies of effective speaking and 242.24 interpersonal communication in developmentally appropriate ways 242.25 by: 242.26 (1) respecting individual differences; 242.27 (2) using a variety of verbal and nonverbal communication 242.28 skills in formal and informal speaking situations; 242.29 (3) contributing to class and group discussions; 242.30 (4) conveying a clear main point when speaking formally; 242.31 (5) asking and responding to questions and comments; 242.32 (6) responding to fiction and nonfiction selections; and 242.33 (7) adapting voice level, phrasing, intonation, and 242.34 vocabulary for different speaking situations and audiences. 242.35 Subd. 3. [PART B.] A student shall demonstrate the ability 242.36 to speak in a variety of situations by: 243.1 (1) planning and carrying out an event in a small group 243.2 that includes constructing and implementing a group work plan; 243.3 showing respect and empathy in a variety of cooperative group 243.4 roles; and obtaining, organizing, and sharing materials; and 243.5 (2) preparing and presenting a demonstration that includes 243.6 a description of a step-by-step procedure; use of visuals to 243.7 illustrate ideas; use effective delivery techniques; and 243.8 responses to questions from the audience. 243.9 Sec. 5. [WRITING - MIDDLE.] 243.10 Subdivision 1. [PURPOSE.] Write effectively for a variety 243.11 of purposes and audiences. 243.12 Subd. 2. [PART A.] A student shall demonstrate an 243.13 understanding of the writing process and characteristics of 243.14 effective writing by: 243.15 (1) using prewriting strategies (for example, making plans 243.16 or outlines that consider audience and purpose); building 243.17 background knowledge; using writing models; freewriting; or 243.18 generating criteria for quality writing; 243.19 (2) drafting and revising written work using strategies 243.20 that include using an organizational scheme; using transitional 243.21 devices between ideas and paragraphs, including sensory details 243.22 and figurative language when needed; elaborating on a main idea 243.23 by using specific facts and details; and revising for word 243.24 choice, sentence fluency, and voice; 243.25 (3) editing and publishing written work using strategies 243.26 that include editing and proofreading for spelling, punctuation, 243.27 grammar, and paragraphing at a developmentally appropriate 243.28 level; and using appropriate available technology to edit and 243.29 publish written work; 243.30 (4) adapting writing for a variety of audiences and 243.31 purposes by creating, for example, autobiographies; dramas; 243.32 on-demand writing for tests and other projects; and 243.33 investigative reports; and 243.34 (5) evaluating own and others' writing by, for example, 243.35 applying criteria generated by self and others; self-reflecting 243.36 on strengths and weaknesses as a writer; or responding to 244.1 others' writing. 244.2 Subd. 3. [PART B.] A student shall demonstrate the ability 244.3 to write for a variety of purposes in a selection of forms 244.4 employing developmentally appropriate conventions by: 244.5 (1) composing technical writing or directions that include 244.6 formatting to support the text using, for example, 244.7 illustrations, diagrams, charts, technical drawings, bullets, 244.8 numbers, or outlines; a glossary of technical terms used in the 244.9 text; and word choice and voice appropriate for intended 244.10 audience; 244.11 (2) composing a narrative that includes a description of 244.12 events from direct experience, observation, research, or 244.13 imagination; relevant detail and figurative language to create 244.14 an image of setting, character, events, and ideas; dialogue when 244.15 appropriate; and a logical sequence of events or ideas; 244.16 (3) composing an expository piece that gives an explanation 244.17 of or makes an assertion about a topic starting with a main 244.18 idea; develops the topic with facts, details, and examples; and 244.19 provides a conclusion; and 244.20 (4) composing an idea or opinion piece that summarizes the 244.21 central facts and opinions surrounding an issue with examples 244.22 from more than one source; describes the impact of the issue on 244.23 events or situations; and selects and defends a position based 244.24 on information and reasoning. 244.25 Sec. 6. [SPEAKING - MIDDLE.] 244.26 Subdivision 1. [PURPOSE.] Speak effectively for a variety 244.27 of purposes. 244.28 Subd. 2. [PART A.] A student shall demonstrate an 244.29 understanding of strategies for effective speaking by: 244.30 (1) participating in a variety of roles in group 244.31 discussions and activities; 244.32 (2) using appropriate verbal and nonverbal skills for oral 244.33 presentations; 244.34 (3) conveying and maintaining a clear main point in 244.35 presentations and discussions; 244.36 (4) asking relevant questions to seek elaboration and 245.1 clarification of ideas; and 245.2 (5) adapting speaking style, format, and vocabulary to 245.3 effectively communicate for a variety of situations and 245.4 audiences. 245.5 Subd. 3. [PART B.] A student shall demonstrate the ability 245.6 to speak in a variety of situations by: 245.7 (1) working with a small group of people to respond to a 245.8 problem, settle a dispute, or create and carry out a plan of 245.9 action for a selected issue that includes interacting and 245.10 communicating appropriately with individuals of different 245.11 genders, cultures, and points of view; adjusting communication 245.12 on the basis of verbal and nonverbal feedback; and expressing 245.13 tone and using vocabulary appropriate for a given situation or 245.14 audience; and 245.15 (2) presenting an idea, opinion, or narrative that includes 245.16 selected information and supporting materials and visuals to 245.17 support the message when appropriate; appropriate verbal and 245.18 nonverbal strategies to communicate the message; reasons and 245.19 examples to support the main point of the presentation; and 245.20 adjusting communication on the basis of verbal and nonverbal 245.21 feedback. 245.22 Sec. 7. [WRITING - HIGH SCHOOL.] 245.23 Subdivision 1. [PURPOSE.] Write effectively for a variety 245.24 of purposes and audiences. 245.25 Subd. 2. [PART A.] A student shall demonstrate an 245.26 understanding of the writing process and characteristics of 245.27 effective writing by: 245.28 (1) using prewriting strategies (for example, making 245.29 writing plans or outlines that consider audience and purpose); 245.30 employing a variety of techniques to generate ideas; or 245.31 generating criteria for quality writing; 245.32 (2) drafting and revising written work using strategies 245.33 that include rethinking content and organization; checking 245.34 accuracy and idea development; and analyzing and revising for 245.35 voice that is engaging and appropriate for audience and purpose; 245.36 (3) editing and publishing written work using strategies 246.1 that include editing and proofreading for accuracy of 246.2 conventions of language and usage; refining selected pieces to 246.3 share with general or specific audiences; and using appropriate 246.4 available technology to compose, edit, present, or publish 246.5 written work; 246.6 (4) adapting writing for a variety of audiences and 246.7 purposes by creating, for example, expositions that analyze, 246.8 synthesize, and organize information from primary and secondary 246.9 sources; reflective compositions; personal and business 246.10 correspondence; or writing for various media (print, Internet, 246.11 television, radio); and 246.12 (5) evaluating own and others' writing by, for example, 246.13 determining strengths and weaknesses as a writer based on a body 246.14 of written work; using formal and self-designed sets of criteria 246.15 to evaluate own and others' writing; responding productively to 246.16 reviews of own work; or using self-assessment techniques to set 246.17 and achieve goals as a writer. 246.18 Subd. 3. [PART B.] A student shall demonstrate the ability 246.19 to write for a variety of purposes in a selection of forms 246.20 employing appropriate conventions of language and usage by: 246.21 (1) composing a piece that describes, narrates, or explains 246.22 observations of human events or situations; 246.23 (2) composing a piece that analyzes patterns or 246.24 relationships of ideas, topics, or themes; 246.25 (3) composing a piece that constructs support for a 246.26 position, argument, plan, or idea; and 246.27 (4) composing a piece that evaluates an idea, topic, or 246.28 theme based on expressed criteria. 246.29 Sec. 8. [TECHNICAL WRITING - HIGH SCHOOL.] 246.30 Subdivision 1. [PURPOSE.] Write effectively for a variety 246.31 of technical purposes and audiences. 246.32 Subd. 2. [PART A.] A student shall demonstrate an 246.33 understanding of the writing process and characteristics of 246.34 effective technical writing by: 246.35 (1) using prewriting strategies (for example, making 246.36 writing plans or outlines that consider audience, purpose, and 247.1 options for format); employing a variety of techniques to 247.2 generate ideas; or identifying criteria for quality technical 247.3 writing; 247.4 (2) drafting and revising written work using strategies 247.5 that include drafting and revising for clarity and accuracy of 247.6 content; incorporating detailed examples or illustrations when 247.7 needed; organizing text and selecting vocabulary appropriate to 247.8 topic and audience; and writing and reworking for precise 247.9 language that meets the reader's needs, including warnings or 247.10 cautions as necessary to help the reader prevent errors; 247.11 (3) editing and publishing written work using strategies 247.12 that include editing and proofreading for accuracy of 247.13 conventions of language and usage; and using appropriate 247.14 available technology to compose, edit, present, or publish 247.15 written work; 247.16 (4) adapting writing for a variety of audiences and 247.17 purposes by creating, for example, expositions that analyze, 247.18 synthesize, and organize information from primary and secondary 247.19 sources; and 247.20 (5) evaluating own and others' writing by, for example, 247.21 using formal and self-designed sets of criteria to evaluate own 247.22 and others' writing; checking accuracy of technical writings 247.23 with expert readers or sample documents; or using 247.24 self-assessment techniques to set and achieve goals as a writer. 247.25 Subd. 3. [PART B.] A student shall demonstrate the ability 247.26 to write for a variety of technical purposes in a selection of 247.27 forms employing appropriate conventions of language and usage by: 247.28 (1) composing a set of directions describing how to 247.29 complete, engage in, or operate a complex process, procedure, or 247.30 device; 247.31 (2) composing descriptive materials about a product, place, 247.32 organization, or system; 247.33 (3) composing a report, proposal, or application 247.34 incorporating a body of technical knowledge and suggesting a 247.35 course of action; and 247.36 (4) composing a series of technical correspondences 248.1 explaining or analyzing complex processes, situations, or 248.2 devices. 248.3 Sec. 9. [PUBLIC SPEAKING - HIGH SCHOOL.] 248.4 Subdivision 1. [PURPOSE.] Speak effectively for a variety 248.5 of purposes. 248.6 Subd. 2. [PART A.] A student shall demonstrate an 248.7 understanding of strategies for effective public speaking by: 248.8 (1) determining the intent of the message; 248.9 (2) using a variety of planning procedures and 248.10 organizational structures; 248.11 (3) adjusting style, message, and delivery as appropriate 248.12 for particular purposes and audiences; 248.13 (4) using appropriate visuals, technology, or other 248.14 equipment; 248.15 (5) using a variety of verbal and nonverbal delivery 248.16 techniques; 248.17 (6) adjusting presentation based on verbal and nonverbal 248.18 feedback; and 248.19 (7) using criteria to evaluate own and others' 248.20 effectiveness in presentations. 248.21 Subd. 3. [PART B.] The student shall demonstrate the 248.22 ability to speak in a variety of situations, including: 248.23 (1) constructing and delivering an informative 248.24 presentation; and 248.25 (2) constructing and delivering a persuasive presentation. 248.26 Sec. 10. [INTERPERSONAL COMMUNICATION - HIGH SCHOOL; 248.27 OPTIONAL.] 248.28 Subdivision 1. [PURPOSE.] Communicate effectively in a 248.29 variety of interpersonal situations. 248.30 Subd. 2. [PART A.] A student shall demonstrate an 248.31 understanding of strategies for effective interpersonal 248.32 communication by: 248.33 (1) showing respect and empathy for individual differences 248.34 and feelings by adjusting verbal and nonverbal language as 248.35 needed; 248.36 (2) using appropriate language conventions in varied 249.1 interpersonal situations; 249.2 (3) using problem-solving skills of conciliation, 249.3 mediation, or negotiation to improve communication; 249.4 (4) utilizing active listening and feedback in group 249.5 activities; and 249.6 (5) using criteria to evaluate own and others' 249.7 effectiveness in group discussions and other interpersonal 249.8 contexts. 249.9 Subd. 3. [PART B.] A student shall demonstrate an ability 249.10 to communicate in a variety of interpersonal situations, 249.11 including: 249.12 (1) playing an active role in a group activity leading to a 249.13 presentation on a selected topic using available technology when 249.14 appropriate; and 249.15 (2) playing an active role in a group planning and 249.16 implementing an event or an ongoing program using available 249.17 technology when appropriate. 249.18 ARTICLE 17 249.19 REQUIRED: MATHEMATICAL CONCEPTS AND APPLICATIONS 249.20 Section 1. [SHAPE, SPACE, AND MEASUREMENT - PRIMARY.] 249.21 Subdivision 1. [PURPOSE.] Explore three-dimensional 249.22 objects and later, their two-dimensional faces, with a focus on 249.23 developing shape, location, and measurement concepts. 249.24 Subd. 2. [PART A.] A student shall demonstrate an 249.25 understanding of: 249.26 (1) [SHAPE AND SPACE.] 249.27 (i) patterns as either repeating or growing; 249.28 (ii) two-dimensional shapes as the images or footprints of 249.29 three-dimensional shapes; and 249.30 (iii) names and attributes of different shapes; and 249.31 (2) [MEASUREMENT.] 249.32 (i) measurement as the number of repetitions of a single 249.33 unit; and 249.34 (ii) measurement attributes of length, volume, weight, 249.35 area, and time. 249.36 Subd. 3. [PART B.] A student shall demonstrate the ability 250.1 to: 250.2 (1) [SHAPE AND SPACE.] 250.3 (i) describe, represent, and extend existing visual 250.4 patterns, and create new patterns; 250.5 (ii) recognize shapes in real-world contexts; 250.6 (iii) sort and classify shapes by their familiar 250.7 attributes; 250.8 (iv) model familiar two- and three-dimensional shapes by 250.9 building or drawing them; 250.10 (v) recognize and create shapes that have symmetry; and 250.11 (vi) describe and compare the location or position of 250.12 objects using common terms; and 250.13 (2) [MEASUREMENT.] 250.14 (i) predict what happens to an object as a result of 250.15 flipping, sliding, and turning; 250.16 (ii) use measurement to order a group of objects; 250.17 (iii) use nonstandard units and later, standard whole 250.18 units, to measure familiar objects; and 250.19 (iv) develop measurement benchmarks for making comparisons 250.20 and estimates. 250.21 Sec. 2. [NUMBER SENSE - PRIMARY.] 250.22 Subdivision 1. [PURPOSE.] Use whole number concepts, 250.23 relationships, and operations to represent information, solve 250.24 problems, and justify reasoning. 250.25 Subd. 2. [PART A.] A student shall demonstrate an 250.26 understanding of: 250.27 (1) multiple models of place value and the base-ten number 250.28 system; 250.29 (2) relative position and magnitude of whole numbers; 250.30 (3) various approaches to addition and subtraction of whole 250.31 numbers and the relationship between the two operations; and 250.32 (4) situations that suggest multiplication and division 250.33 (for example, equal groupings of objects and sharing equally). 250.34 Subd. 3. [PART B.] A student shall demonstrate the ability 250.35 to: 250.36 (1) represent and use whole numbers in flexible ways, 251.1 including composing and decomposing tens, hundreds, and 251.2 thousands; 251.3 (2) develop and use strategies for whole-number 251.4 computations, with a focus on addition and subtraction; 251.5 (3) develop and use strategies for estimating, comparing, 251.6 and ordering whole numbers; 251.7 (4) use a variety of methods and tools to compute, 251.8 including objects, mental computation, estimation, paper and 251.9 pencil, and calculators; 251.10 (5) use whole numbers to identify, describe, and predict 251.11 both repeating and growing patterns; 251.12 (6) organize and represent data using concrete objects, 251.13 pictures, and graphs; and 251.14 (7) represent commonly used fractions, including 251.15 one-fourth, one-third, and one-half. 251.16 Sec. 3. [SHAPE, SPACE, AND MEASUREMENT - INTERMEDIATE.] 251.17 Subdivision 1. [PURPOSE.] Investigate, visualize, and 251.18 classify two- and three-dimensional shapes and their attributes 251.19 with a focus on developing geometric vocabulary and applying 251.20 standard units of measure. 251.21 Subd. 2. [PART A.] A student will demonstrate an 251.22 understanding of: 251.23 (1) [SHAPE AND SPACE.] Geometric attributes and 251.24 properties, including parallel, perpendicular, vertices, edges, 251.25 faces, length, area, and congruency; and 251.26 (2) [MEASUREMENT.] 251.27 (i) standard units in the metric and customary systems; and 251.28 (ii) geometric vocabulary used to describe location, 251.29 movement, and direction. 251.30 Subd. 3. [PART B.] A student will demonstrate the ability 251.31 to: 251.32 (1) [SHAPE AND SPACE.] 251.33 (i) use mathematical language to explain the structure of a 251.34 geometric pattern; 251.35 (ii) translate between a three-dimensional object and its 251.36 two-dimensional representation; 252.1 (iii) classify two- and three-dimensional shapes according 252.2 to their properties and develop definitions of classes of shapes 252.3 (for example, triangles and pyramids); and 252.4 (iv) reason about the results of transforming shapes, 252.5 including flipping, sliding, and turning; and 252.6 (2) [MEASUREMENT.] 252.7 (i) use maps or graphs to determine distances and efficient 252.8 routes; 252.9 (ii) estimate measurements by using appropriate units and 252.10 comparisons to known objects or quantities; 252.11 (iii) measure attributes of familiar objects using 252.12 appropriate metric and customary whole and partial units; and 252.13 (iv) select and apply appropriate standard units and tools 252.14 to measure length, area, volume, weight, elapsed time, 252.15 temperature, and the size of angles. 252.16 Sec. 4. [NUMBER SENSE - INTERMEDIATE.] 252.17 Subdivision 1. [PURPOSE.] Use numbers, language, and 252.18 symbols to represent information, solve problems, and justify 252.19 reasoning. 252.20 Subd. 2. [PART A.] A student shall demonstrate an 252.21 understanding of: 252.22 (1) the place-value structure of the base-ten number 252.23 system; 252.24 (2) various meanings of and approaches to multiplication 252.25 and division of whole numbers; 252.26 (3) the effects of multiplying and dividing whole numbers; 252.27 and 252.28 (4) fractions as parts of unit wholes, as parts of a 252.29 collection, as locations on number lines, and as divisions of 252.30 whole numbers. 252.31 Subd. 3. [PART B.] A student shall demonstrate the ability 252.32 to: 252.33 (1) represent, order, and compare whole numbers and 252.34 decimals; 252.35 (2) fluently add, subtract, multiply, and divide whole 252.36 numbers; 253.1 (3) develop and use strategies to estimate the results of 253.2 whole number computations and to judge the reasonableness of 253.3 such results; 253.4 (4) select and use appropriate methods and tools for 253.5 computing with whole numbers from among mental computation, 253.6 estimation, calculators, and paper and pencil according to the 253.7 context and nature of the problem; 253.8 (5) model problem situations with objects and use 253.9 representations, including tables, graphs, and equations to draw 253.10 conclusions; 253.11 (6) describe and extend patterns, make generalizations, and 253.12 draw conclusions about them; and 253.13 (7) solve a variety of single- and multiple-step problems 253.14 using number relationships and properties, number patterns, and 253.15 computation and estimation strategies. 253.16 Sec. 5. [CHANCE AND DATA - INTERMEDIATE.] 253.17 Subdivision 1. [PURPOSE.] Describe and compare the 253.18 likelihood of events, and collect, organize, and represent data 253.19 to answer questions. 253.20 Subd. 2. [PART A.] A student shall demonstrate an 253.21 understanding of: 253.22 (1) [DATA.] Measures of center, focusing on the median; 253.23 and 253.24 (2) [CHANCE.] 253.25 (i) data representations, including line plots, bar graphs, 253.26 and line graphs; and 253.27 (ii) terms used to convey that some events are certain to 253.28 occur, others are certain not to occur, and others may or may 253.29 not occur. 253.30 Subd. 3. [PART B.] A student shall demonstrate the ability 253.31 to: 253.32 (1) [DATA.] 253.33 (i) design an investigation to address a question; 253.34 (ii) collect data using observations, surveys, and 253.35 experiments; 253.36 (iii) organize and represent data using tables and graphs; 254.1 (iv) propose and justify conclusions and predictions based 254.2 on data; 254.3 (v) describe the shape and important features of a set or 254.4 data, and compare related data sets with an emphasis on how the 254.5 data are distributed; and 254.6 (vi) compare different representations of the same data and 254.7 evaluate how well each representation shows important aspects of 254.8 data; and 254.9 (2) [CHANCE.] 254.10 (i) determine the degree of likelihood of an event using 254.11 terminology (for example, certain, likely, equally likely, 254.12 unlikely, and impossible); and 254.13 (ii) predict the probability of an outcome of a simple 254.14 experiment and test the prediction. 254.15 Sec. 6. [SHAPE, SPACE, AND MEASUREMENT - MIDDLE SCHOOL.] 254.16 Subdivision 1. [PURPOSE.] Use concepts of shape and 254.17 measurement as analytical tools by developing definitions, 254.18 testing conjectures, and applying measurement and proportional 254.19 reasoning skills. 254.20 Subd. 2. [PART A.] A student shall demonstrate an 254.21 understanding of: 254.22 (1) [SHAPE AND SPACE.] 254.23 (i) basic concepts of coordinate systems; and 254.24 (ii) precise mathematical names and properties of two- and 254.25 three-dimensional shapes; and 254.26 (2) [MEASUREMENT.] The relationships among units and 254.27 conversion from one measurement unit to another within the same 254.28 system. 254.29 Subd. 3. [PART B.] A student shall demonstrate the ability 254.30 to: 254.31 (1) [SHAPE AND SPACE.] 254.32 (i) precisely describe, classify, and understand 254.33 relationships among types of two- and three-dimensional objects 254.34 using their defining properties (for example, angle size, number 254.35 of sides or vertices, parallel faces, and congruent sides); 254.36 (ii) describe the shape, size, position, and orientation of 255.1 geometric figures under informal transformations, including 255.2 flips, turns, slides, and scaling; 255.3 (iii) analyze and describe shapes, symmetries, and tilings 255.4 in art forms from various cultures; 255.5 (iv) apply geometric concepts and relationships to test 255.6 conjectures and solve problems involving congruence, similarity, 255.7 the Pythagorean Theorem, and coordinate systems; and 255.8 (v) use visual tools (for example, networks or vertex-edge 255.9 graphs) to model and solve problems; and 255.10 (2) [MEASUREMENT.] 255.11 (i) understand, select, and use units of appropriate size 255.12 and type to measure angles, perimeter, area, surface area, and 255.13 volume; 255.14 (ii) select and apply techniques and tools to accurately 255.15 find length, area, surface area, volume, and angle measures to 255.16 appropriate levels of precision; 255.17 (iii) develop and use formulas to determine the 255.18 circumference of circles and the area of triangles, 255.19 quadrilaterals, and circles; and 255.20 (iv) apply a scale factor to the linear dimensions of a 255.21 shape and describe the resulting changes to the shape's angles, 255.22 perimeter, area, and volume. 255.23 Sec. 7. [NUMBER SENSE - MIDDLE SCHOOL.] 255.24 Subdivision 1. [PURPOSE.] Use rational number concepts, 255.25 relationships, and computational methods to represent 255.26 information, solve problems, and justify reasoning. 255.27 Subd. 2. [PART A.] A student shall demonstrate an 255.28 understanding of: 255.29 (1) number concepts, including place value, prime and 255.30 composite numbers, and multiples and factors; 255.31 (2) ways of representing fractions, decimals, percents, and 255.32 integers; 255.33 (3) the meaning and effects of arithmetic operations with 255.34 fractions, decimals, and integers; 255.35 (4) exponential, scientific, and calculator notation to 255.36 represent large and small numbers; and 256.1 (5) the inverse relationships of addition and subtraction, 256.2 multiplication and division, and squaring and finding square 256.3 roots. 256.4 Subd. 3. [PART B.] A student shall demonstrate the ability 256.5 to: 256.6 (1) compare and order fractions, decimals, percents, and 256.7 integers, and translate among equivalent representations of 256.8 numbers; 256.9 (2) fluently add, subtract, and multiply using fractions, 256.10 decimals, and integers; 256.11 (3) use the inverse relationships of addition and 256.12 subtraction, multiplication and division, and squaring and 256.13 finding square roots to simplify computations, and solve 256.14 problems; 256.15 (4) solve a variety of problems by representing rational 256.16 numbers efficiently, selecting and using appropriate operations 256.17 and methods to estimate or compute, and generating and 256.18 describing more than one solution method; 256.19 (5) use factors, multiples, prime factorization, and 256.20 relatively prime numbers to solve problems; and 256.21 (6) apply proportional reasoning to solve a variety of 256.22 problems using rates, ratios, proportions, and percents. 256.23 Sec. 8. [CHANCE AND DATA - MIDDLE LEVEL.] 256.24 Subdivision 1. [PURPOSE.] Use rational numbers to quantify 256.25 probabilities and use data analysis to answer questions and make 256.26 predictions. 256.27 Subd. 2. [PART A.] A student shall demonstrate an 256.28 understanding of: 256.29 (1) [DATA.] 256.30 (i) measures of center, focusing on the mean; 256.31 (ii) measures of spread, focusing on the interquartile 256.32 range; and 256.33 (iii) graphs of data, including histograms, stem-and-leaf 256.34 plots, box plots, scatterplots, and circle graphs; and 256.35 (2) [CHANCE.] 256.36 (i) probability terminology, including randomness, event, 257.1 sample space, and outcome; and 257.2 (ii) how the likelihood of an event can be expressed using 257.3 a number from zero to one. 257.4 Subd. 3. [PART B.] A student shall demonstrate the ability 257.5 to: 257.6 (1) [DATA.] 257.7 (i) formulate a question, design a study, and collect data 257.8 to answer the question; 257.9 (ii) select, create, and use appropriate graphical 257.10 representations of data; 257.11 (iii) find, use, and interpret measures of center and 257.12 spread; 257.13 (iv) identify trends in data collected over time and 257.14 differences across various populations; and 257.15 (v) summarize or critique data investigations done by 257.16 others; and 257.17 (2) [CHANCE.] 257.18 (i) use strategies to determine the outcome of a chance 257.19 event, including organized lists, tree diagrams, and area 257.20 models; 257.21 (ii) conduct a probability experiment to simulate a real 257.22 life issue involving uncertainty; and 257.23 (iii) use the results of a probability simulation to make a 257.24 prediction, recommendation, or decision. 257.25 Sec. 9. [ALGEBRA - MIDDLE SCHOOL.] 257.26 Subdivision 1. [PURPOSE.] Analyze mathematical patterns, 257.27 relationships, and functions to model and solve problems. 257.28 Subd. 2. [PART B.] A student shall demonstrate an 257.29 understanding of: 257.30 (1) patterns, relations, and functions; 257.31 (2) how verbal descriptions, tables, graphs, and equations 257.32 can be used to describe patterns of change in real-world 257.33 situations; 257.34 (3) the similarities and differences between the properties 257.35 of linear and nonlinear functions; and 257.36 (4) equivalent forms for simple algebraic expressions. 258.1 Subd. 3. [PART B.] A student shall demonstrate the ability 258.2 to: 258.3 (1) recognize, analyze, and generalize patterns and build 258.4 mathematical models to make decisions or formulate predictions; 258.5 (2) predict patterns of change in real-world situations 258.6 using verbal descriptions, tables, graphs, and equations; 258.7 (3) classify linear, exponential, and quadratic functions 258.8 and contrast their properties using tables, graphs, and 258.9 equations; 258.10 (4) recognize relationships between symbolic expressions 258.11 and graphs of lines, paying particular attention to the meaning 258.12 of intercept and slope; 258.13 (5) generate equivalent forms for simple algebraic 258.14 expressions and solve multiple step linear equations; and 258.15 (6) use graphing calculator technology to determine 258.16 solutions to linear, exponential, and quadratic equations. 258.17 Sec. 10. [SHAPE, SPACE, AND MEASUREMENT - HIGH SCHOOL.] 258.18 Subdivision 1. [PURPOSE.] Develop capacity to reason about 258.19 space, shape, and measurement in increasingly abstract ways. 258.20 Subd. 2. [PART A.] A student shall demonstrate an 258.21 understanding of: 258.22 (1) [SHAPE AND SPACE.] 258.23 (i) reflections, rotations, translations, and scaling of 258.24 two-dimensional figures; and 258.25 (ii) congruence and similarity; and 258.26 (2) [MEASUREMENT.] 258.27 (i) perimeter, area, surface area, and volume; and 258.28 (ii) distance on a coordinate plane. 258.29 Subd. 3. [PART B.] A student shall demonstrate the ability 258.30 to: 258.31 (1) [SHAPE AND SPACE.] 258.32 (i) use visualization, spatial reasoning, and geometric 258.33 modeling to solve problems; 258.34 (ii) construct and model two- and three-dimensional figures 258.35 from various points of view using appropriate tools and 258.36 technologies (for example, ruler, protractor, interactive 259.1 geometric software, isometric drawing paper, and computer-aided 259.2 design); 259.3 (iii) analyze characteristics of shape, size, and space as 259.4 used in art, architecture, design, or nature; 259.5 (iv) use geometric models to represent and explain 259.6 numerical relationships or measurement problems; 259.7 (v) investigate conjectures and solve problems involving 259.8 two- and three-dimensional objects represented with Cartesian 259.9 coordinates; and 259.10 (vi) make and test conjectures, and solve problems 259.11 involving the congruence and similarity of two-dimensional 259.12 figures; and 259.13 (2) [MEASUREMENT.] 259.14 (i) analyze precision, accuracy, and approximate error in 259.15 measurement situations; and 259.16 (ii) generalize a scale factor to the dimensions of a shape 259.17 and describe the resulting changes to the shape's perimeter, 259.18 area, surface area, and volume. 259.19 Sec. 11. [CHANCE AND DATA - HIGH SCHOOL.] 259.20 Subdivision 1. [PURPOSE.] Apply concepts of chance and 259.21 data analysis to make critical judgments, predictions, or 259.22 decisions. 259.23 Subd. 2. [PART A.] A student shall demonstrate an 259.24 understanding of: 259.25 (1) [DATA.] 259.26 (i) differences among various kinds of statistical studies 259.27 and which inferences can legitimately be drawn from each; 259.28 (ii) the difference between correlation and causation; and 259.29 (iii) characteristics of a well-designed study, including 259.30 the role of randomization, appropriateness of data analysis, and 259.31 validity of conclusions; and 259.32 (2) [CHANCE.] 259.33 (i) how to compute the probability of a compound event; 259.34 (ii) concepts of conditional probability and independent 259.35 events; and 259.36 (iii) concepts of sample space and probability distribution 260.1 for simple cases. 260.2 Subd. 3. [PART B.] A student shall demonstrate the ability 260.3 to: 260.4 (1) [DATA.] 260.5 (i) independently formulate a question, design a study, 260.6 collect data, and report results and conclusions using 260.7 technology, data displays, and statistical measures; 260.8 (ii) evaluate a published report containing data by 260.9 examining the design of the study, the appropriateness of data 260.10 analysis, and the validity of conclusions; 260.11 (iii) display bivariate data using a scatterplot and 260.12 describe the shape of the data; and 260.13 (iv) analyze data by applying tools to find the line or 260.14 curve of best fit and appropriate summary statistics (for 260.15 example, correlation coefficient or regression equation) to make 260.16 decisions; and 260.17 (2) [CHANCE.] 260.18 (i) compute the probability of a compound event using both 260.19 theoretical and experimental probability; 260.20 (ii) compute and interpret the expected value of a random 260.21 variable in simple cases; 260.22 (iii) use sample spaces and probability distributions to 260.23 determine the probability of events in simple cases; and 260.24 (iv) use simulations to construct empirical probability 260.25 distributions. 260.26 Sec. 12. [ALGEBRA - HIGH SCHOOL.] 260.27 Subdivision 1. [PURPOSE.] Represent and analyze 260.28 quantitative situations using classes of functions, rates of 260.29 change, and algebraic symbols and processes. 260.30 Subd. 2. [PART A.] A student shall demonstrate an 260.31 understanding of: 260.32 (1) relations and functions; 260.33 (2) properties of classes of functions, including 260.34 exponential, polynomial, and periodic functions; and 260.35 (3) equivalent forms of expressions, equations, 260.36 inequalities, and relations. 261.1 Subd. 3. [PART B.] A student shall demonstrate the ability 261.2 to: 261.3 (1) approximate and interpret rates of change from 261.4 graphical and numerical data; 261.5 (2) analyze functions of two variables by investigating 261.6 rates of change, intercepts, zeros, and asymptotes; 261.7 (3) identify essential quantitative relationships in a 261.8 situation and determine the class or classes of functions that 261.9 might model the relationships; 261.10 (4) represent and explain mathematical relationships with 261.11 graphs, tables, spreadsheets, and equations, using both 261.12 technology and paper and pencil; 261.13 (5) fluently use multiple representations of a given 261.14 mathematical relationship; 261.15 (6) use matrices to represent data and solve systems of 261.16 equations; 261.17 (7) generalize patterns and build mathematical models to 261.18 describe and analyze real situations, including linear, 261.19 exponential, and periodic; and 261.20 (8) solve equations, inequalities, and systems of equations 261.21 with fluency (mentally or with paper and pencil in simple cases 261.22 and using technology in all cases) and justify the solutions. 261.23 Sec. 13. [DISCRETE MATHEMATICS - HIGH SCHOOL; OPTIONAL.] 261.24 Subdivision 1. [PURPOSE.] Use discrete structures to 261.25 represent, model, and interpret physical, social, and 261.26 mathematical phenomena. 261.27 Subd. 2. [PART A.] A student shall demonstrate an 261.28 understanding of counting techniques, including the 261.29 multiplication principle, permutations, and combinations. 261.30 Subd. 3. [PART B.] A student shall demonstrate the ability 261.31 to: 261.32 (1) investigate and apply systematic counting techniques, 261.33 set relationships, and principles of logic to represent, 261.34 analyze, and solve problems; 261.35 (2) use charts, vertex-edge graphs, and matrices to model 261.36 and solve problems and draw reasonable conclusions about the 262.1 situation being modeled; 262.2 (3) explore, develop, and analyze algorithmic thinking to 262.3 accomplish a task or solve a problem; 262.4 (4) use symbolic expressions, including iterative and 262.5 recursive forms to represent relationships arising from various 262.6 contexts; and 262.7 (5) how to generalize patterns using explicitly and 262.8 recursively defined functions. 262.9 Sec. 14. [TECHNICAL APPLICATIONS - HIGH SCHOOL; OPTIONAL.] 262.10 Subdivision 1. [PURPOSE.] Apply mathematics to solve 262.11 technical problems. 262.12 Subd. 2. [PART A.] A student shall demonstrate an 262.13 understanding of: 262.14 (1) computational technologies; 262.15 (2) scientific and exponential notation used in complex 262.16 systems; 262.17 (3) trigonometric applications appropriate to technical 262.18 situations; and 262.19 (4) fundamental geometric constructions or calculations 262.20 used in drafting or construction. 262.21 Subd. 3. [PART B.] A student shall demonstrate the ability 262.22 to: 262.23 (1) use complex measurement equipment for several systems; 262.24 (2) convert between measuring systems; 262.25 (3) measure to scale; 262.26 (4) calculate quantities using algebraic formulas; 262.27 (5) read and interpret information in complex graphs, 262.28 tables, and charts; 262.29 (6) create a set of plans to design or modify a complex 262.30 structure, product, or system by researching background 262.31 information, calculating mathematical specifications, and 262.32 developing a materials list that matches mathematical 262.33 specifications; 262.34 (7) construct a complex structure, product, or model to 262.35 mathematical specifications; and 262.36 (8) analyze an existing complex structure, product, or 263.1 system for purposes of maintenance, repair, troubleshooting, or 263.2 optimizing function. 263.3 ARTICLE 18 263.4 REQUIRED: SCIENTIFIC CONCEPTS AND APPLICATIONS 263.5 Section 1. [DIRECT SCIENCE EXPERIENCE - PRIMARY.] 263.6 Subdivision 1. [PURPOSE.] Engage students in active 263.7 science experiences that promote understanding of basic science 263.8 concepts and processes in order to develop a foundation for 263.9 science literacy. 263.10 Subd. 2. [PART A.] A student shall demonstrate an 263.11 understanding of: 263.12 (1) observable characteristics of organisms; 263.13 (2) basic needs of organisms and how they are met; 263.14 (3) responses of organisms to changes in the environment; 263.15 (4) observable properties of objects, including size, 263.16 weight, shape, and temperature; 263.17 (5) patterns that occur in nature, including objects in the 263.18 sky, weather, growth, and seasonal change; 263.19 (6) how the environment is impacted by the personal use of 263.20 materials, energy, and water; and 263.21 (7) the nature of science, including: 263.22 (i) performing experiments; 263.23 (ii) supporting ideas with personal observations; and 263.24 (iii) understanding that all kinds of people around the 263.25 world do science. 263.26 Subd. 3. [PART B.] A student shall demonstrate the ability 263.27 to: 263.28 (1) engage in teacher-guided inquiry using the primary 263.29 inquiry standard; 263.30 (2) practice safety in science, including washing hands 263.31 after participating in a science experiment, wearing goggles 263.32 when appropriate, following directions related to science 263.33 safety, not tasting substances or materials used in science 263.34 activities or experiments, and practicing safe and humane care 263.35 of animals; and 263.36 (3) use simple technology, including hand lenses, simple 264.1 balances, and other basic measurement tools to extend their 264.2 exploration and observation of objects and organisms. 264.3 Sec. 2. [LIVING AND NONLIVING SYSTEMS - INTERMEDIATE.] 264.4 Subdivision 1. [PURPOSE.] Investigating living and 264.5 nonliving systems in order to make sense of the world and build 264.6 a stronger foundation for science literacy. 264.7 Subd. 2. [PART A.] A student shall demonstrate an 264.8 understanding of: 264.9 (1) basic structures and functions of the human body, 264.10 including the skeletal system, the circulatory system, and the 264.11 digestive system; 264.12 (2) all living organisms survival characteristics that help 264.13 them thrive in their existing environment; 264.14 (3) cycles in: 264.15 (i) living systems, including life cycles; 264.16 (ii) earth systems, including the water cycle, seasons, and 264.17 weathering; and 264.18 (iii) environmental systems, including energy flow and 264.19 material cycles (for example, in food webs and recycling); 264.20 (4) patterns in: 264.21 (i) living systems, including the grouping of plants and 264.22 animals based on their observable characteristics; 264.23 (ii) earth systems, including features of the earth's 264.24 surface, weather, and the earth's relationship to the sun and 264.25 moon; 264.26 (iii) physical systems, including the grouping of materials 264.27 based on their properties, including floating and sinking, 264.28 solids and liquids, and change in the properties of materials 264.29 caused by heating and cooling; and 264.30 (iv) environmental systems, including populations and the 264.31 physical environment; 264.32 (5) forces that cause changes in speed or direction of 264.33 motion; 264.34 (6) the impact of human behavior and technology use on the 264.35 environment; and 264.36 (7) the nature of science, including: 265.1 (i) the role of experimentation and evidence in developing 265.2 scientific ideas; and 265.3 (ii) the role men and women with diverse perspectives play 265.4 in the development of scientific knowledge. 265.5 Subd. 3. [PART B.] A student shall demonstrate the ability 265.6 to: 265.7 (1) plan and conduct a scientific inquiry with some 265.8 assistance or scripting using the intermediate inquiry standard; 265.9 (2) create or use a model to explain how parts of a system 265.10 interact; 265.11 (3) communicate the relationship between variable and 265.12 experimental results; 265.13 (4) use simple technology to complete an inquiry, including 265.14 the use of magnifying equipment, mechanical balances, and 265.15 thermometers; and 265.16 (5) follow appropriate safety behavior as directed in the 265.17 use of goggles, heat sources, electricity, glass, and chemicals 265.18 and biological materials. 265.19 Sec. 3. [PHYSICAL SYSTEMS - MIDDLE LEVEL.] 265.20 Subdivision 1. [PURPOSE.] Develop understanding of the 265.21 cause and effect relationships in everyday observations of 265.22 materials, motion, and other energy forms. 265.23 Subd. 2. [PART A.] A student shall demonstrate an 265.24 understanding of: 265.25 (1) properties of materials that are independent of the 265.26 size of the sample, including, but not limited to, density, 265.27 solubility, and electrical conductivity; 265.28 (2) physical and chemical changes, including those 265.29 resulting from heating and simple chemical reactions; 265.30 (3) the idea that in chemical reactions the total amount of 265.31 mass does not change; 265.32 (4) forces and motion, including speed, acceleration, and 265.33 laws of motion; 265.34 (5) transfer of energy, including motion, heat, light, and 265.35 electricity; and 265.36 (6) the history and nature of science, including: 266.1 (i) the idea that scientific ideas are tentative, 266.2 reproducible, and subject to change; 266.3 (ii) that it is normal for scientists to question the 266.4 interpretation of data; 266.5 (iii) that questioning, response to criticism, and open 266.6 communication are important to the process of science; and 266.7 (iv) that the body of science knowledge has been built by 266.8 individuals from many cultures and beliefs. 266.9 Subd. 3. [PART B.] A student shall demonstrate the ability 266.10 to: 266.11 (1) independently formulate questions based on prior 266.12 observations and evidence to provide answers through scientific 266.13 investigations; 266.14 (2) design and conduct, with minimal assistance, a 266.15 scientific investigation (for example, an experiment or a field 266.16 study); 266.17 (3) choose appropriate scientific technology to gather and 266.18 analyze data and evidence; 266.19 (4) use mathematical representations or two- and 266.20 three-dimensional models to interpret and communicate data and 266.21 evidence; 266.22 (5) use their own and other students' evidence collected by 266.23 valid scientific investigations to develop descriptions, 266.24 explanations, predictions, and models; 266.25 (6) describe how evidence and established science ideas do 266.26 or do not support a claim made in public media (for example, 266.27 advertisements and reports of scientific studies); and 266.28 (7) use appropriate safety equipment and follow safety 266.29 procedures, including: 266.30 (i) using goggles when working with glass, chemicals, heat, 266.31 and projectiles; 266.32 (ii) disposing of materials properly; 266.33 (iii) following established laboratory rules; and 266.34 (iv) operating safety equipment provided in the laboratory 266.35 or field. 266.36 Sec. 4. [LIVING SYSTEMS - MIDDLE LEVEL.] 267.1 Subdivision 1. [PURPOSE.] Identify and analyze 267.2 interactions and interdependence of living systems. 267.3 Subd. 2. [PART A.] A student shall demonstrate an 267.4 understanding of: 267.5 (1) the relationship among groups of organisms, including: 267.6 (i) animals, including humans; 267.7 (ii) plants; and 267.8 (iii) micro-organisms; 267.9 (2) cell structure and function (for example, the cell as a 267.10 building block and the cell's role in reproduction); 267.11 (3) diversity and adaptation, including: 267.12 (i) how natural selection accounts for the diversity of 267.13 species; and 267.14 (ii) how changes in environmental conditions can affect the 267.15 survival of individual organisms and entire species; 267.16 (4) populations and ecosystems, including: 267.17 (i) that an ecosystem includes all populations living 267.18 together and their interactions with physical factors; 267.19 (ii) how populations are categorized by the function they 267.20 serve in an ecosystem; 267.21 (iii) the importance of sunlight as the major source of 267.22 energy for an ecosystem; and 267.23 (iv) that the number of organisms that an ecosystem can 267.24 support depends on adequate biotic and abiotic resources; 267.25 (5) behavior and regulation, including: 267.26 (i) how organisms maintain a stable life cycle in a 267.27 constantly changing external environment; 267.28 (ii) how regulation of an organism's internal environment 267.29 involves sensing and changing; and 267.30 (iii) how an organism's behavior evolves through adaptation 267.31 to its environment; 267.32 (6) reproduction and heredity, including: 267.33 (i) how some organisms reproduce sexually and some 267.34 asexually; and 267.35 (ii) how hereditary information is contained in the genes 267.36 and is passed from one generation to another; 268.1 (7) the dynamic effect of humans interacting with the 268.2 environment; and 268.3 (8) the history and nature of science, including: 268.4 (i) the idea that scientific ideas are tentative, 268.5 reproducible, and subject to change; 268.6 (ii) that it is normal for scientists to question the 268.7 interpretation of data; 268.8 (iii) that questioning, response to criticism, and open 268.9 communication are important to the process of science; and 268.10 (iv) that the body of science knowledge has been built by 268.11 individuals from many cultures and beliefs. 268.12 Subd. 3. [PART B.] A student shall demonstrate the ability 268.13 to: 268.14 (1) independently formulate questions based on prior 268.15 observations and evidence and to provide answers through 268.16 scientific investigations; 268.17 (2) design and conduct, with minimal assistance, a 268.18 scientific investigation (for example, an experiment or a field 268.19 study); 268.20 (3) choose appropriate scientific technology to gather and 268.21 analyze data and evidence (for example, microscopes, probes, 268.22 computers, and thermometers) to measure liquids, air, and soil; 268.23 (4) use mathematical representations or two- and 268.24 three-dimensional models to interpret and communicate data and 268.25 evidence; 268.26 (5) use their own and other students' evidence collected by 268.27 valid scientific investigations to develop descriptions, 268.28 explanations, predictions, and models; 268.29 (6) describe how evidence and established science ideas do 268.30 or do not support a claim made in public media (for example, 268.31 advertisements and reports of scientific studies); and 268.32 (7) use appropriate safety equipment and follow safety 268.33 procedures, including: 268.34 (i) using goggles when working with glass, chemicals, heat, 268.35 and projectiles; 268.36 (ii) disposing of materials properly; 269.1 (iii) following established laboratory rules; and 269.2 (iv) operating safety equipment provided in the laboratory 269.3 or field. 269.4 Sec. 5. [EARTH SYSTEMS - MIDDLE LEVEL.] 269.5 Subdivision 1. [PURPOSE.] Students will utilize concepts 269.6 and investigations to evaluate interactions of earth and space 269.7 systems and how they impact the earth and its human life. 269.8 Subd. 2. [PART A.] A student shall demonstrate an 269.9 understanding of: 269.10 (1) the structures and processes of earth systems, 269.11 including: 269.12 (i) plate tectonics and earth layers occurring in the 269.13 geosphere; 269.14 (ii) the water cycle, erosion, and water bodies in the 269.15 hydrosphere; and 269.16 (iii) weather and climate as a function of the atmosphere; 269.17 (2) concepts of change and constancy in the earth's 269.18 history, including evidence found in rocks, landforms, and 269.19 fossils; 269.20 (3) scientific theories of the earth's origin and 269.21 evolution, including: 269.22 (i) formation from a nebular cloud of dust; 269.23 (ii) methods of estimating geologic time; and 269.24 (iii) interactions among the solid earth, the oceans, the 269.25 atmosphere, and organisms; 269.26 (4) the relative positions and motion of objects in the 269.27 solar system, including: 269.28 (i) planetary motion; 269.29 (ii) moon phases and tides; 269.30 (iii) seasons; and 269.31 (iv) eclipses; 269.32 (5) the structure and evolution of the universe, including: 269.33 (i) galaxies; 269.34 (ii) stars; and 269.35 (iii) time and distance relationships; and 269.36 (6) the history and nature of science, including: 270.1 (i) the idea that scientific ideas are tentative and 270.2 subject to change; 270.3 (ii) that it is normal for scientists to question the 270.4 interpretation of data; 270.5 (iii) that questioning, response to criticism, and open 270.6 communication are important to the process of science; and 270.7 (iv) that the body of science knowledge has been built by 270.8 individuals from many cultures and beliefs. 270.9 Subd. 3. [PART B.] A student shall demonstrate the ability 270.10 to: 270.11 (1) independently formulate questions based on prior 270.12 observations and evidence and to provide answers through 270.13 scientific investigations; 270.14 (2) design and conduct, with minimal assistance, a 270.15 scientific investigation (for example, an experiment or a field 270.16 study); 270.17 (3) choose appropriate scientific technology to gather and 270.18 analyze data and evidence (for example, microscopes, probes, 270.19 computers, and thermometers) to measure liquids, air, and soil; 270.20 (4) use mathematical representations or two- and 270.21 three-dimensional models to interpret and communicate data and 270.22 evidence; 270.23 (5) use their own and other students' evidence collected by 270.24 valid scientific investigations to develop descriptions, 270.25 explanations, predictions, and models; 270.26 (6) describe how evidence and established science ideas do 270.27 or do not support a claim made in public media (for example, 270.28 advertisements and reports of scientific studies); and 270.29 (7) use appropriate safety equipment and follow safety 270.30 procedures, including: 270.31 (i) using goggles when working with glass, chemicals, heat, 270.32 and projectiles; 270.33 (ii) disposing of materials properly; and 270.34 (iii) following established laboratory rules and operating 270.35 safety equipment provided in the laboratory or field. 270.36 Sec. 6. [BIOLOGY - HIGH SCHOOL LEVEL.] 271.1 Subdivision 1. [PURPOSE.] Investigate living systems at a 271.2 molecular level. 271.3 Subd. 2. [PART A.] A student shall demonstrate 271.4 understanding of: 271.5 (1) mechanisms of heredity, including: 271.6 (i) how new genes have a wide variety of effects; 271.7 (ii) how sorting and recombining genes result in a wide 271.8 variety of possibilities in offspring; 271.9 (iii) how information is passed from parent to offspring 271.10 through coding in DNA; 271.11 (iv) that gene mutations can be caused by such things as 271.12 radiation and chemicals (for example, ingested and inhaled 271.13 drugs); and 271.14 (v) how cell differentiation provides organisms with 271.15 tissues, organs, and systems; 271.16 (2) biological evolution, including: 271.17 (i) that the earth's present day range of species developed 271.18 from preexisting species; 271.19 (ii) how mechanisms for evolution are provided through 271.20 natural selection; 271.21 (iii) that natural selection gives rise to cells' and 271.22 organisms' behaviors and to cell and organisms that are able to 271.23 survive in particular environments; and 271.24 (iv) that the theory of natural selection provides a 271.25 scientific explanation for the history of life on earth; 271.26 (3) interdependence between organisms and environments, 271.27 including: 271.28 (i) how ecosystems can be reasonably stable over hundreds 271.29 or thousands of years; 271.30 (ii) that ecosystems always change when climate changes or 271.31 when one or more new species appear as a result of migration or 271.32 local evolution; and 271.33 (iii) human activities can, deliberately or inadvertently, 271.34 alter the equilibrium of an ecosystem; 271.35 (4) flow of matter and energy, including how the amount of 271.36 life any environment can support is limited by the available 272.1 energy, water, oxygen, minerals, and by the ability of 272.2 ecosystems to recycle the residue of dead organic material; 272.3 (5) behavior of cells and organisms, including: 272.4 (i) how nervous systems in multicellular animals generate 272.5 behavior; 272.6 (ii) how behavioral responses to internal changes and 272.7 external stimuli occur in organisms; and 272.8 (iii) how behavioral responses can be either innate or 272.9 learned and have evolved to ensure reproductive success; 272.10 (6) the historical significance of a major scientific or 272.11 technological advance in biological systems, including 272.12 contributions of individuals with diverse perspectives; and 272.13 (7) the nature of science, including: 272.14 (i) how historical and current scientific concepts and 272.15 knowledge guide scientific inquiries; 272.16 (ii) that scientific inquiries are performed to test ideas 272.17 and predictions and to learn about the natural world; 272.18 (iii) how the use of various technologies influences 272.19 investigations; 272.20 (iv) the essential role of mathematics in scientific 272.21 inquiry; 272.22 (v) how science knowledge based on evidence adheres to 272.23 established scientific criteria; and 272.24 (vi) the traditions that govern the conduct of scientists. 272.25 Subd. 3. [PART B.] A student shall demonstrate the ability 272.26 to: 272.27 (1) design and conduct a scientific investigation using one 272.28 of the following high school inquiry standards: 272.29 (i) research process; or 272.30 (ii) issue analysis; or 272.31 (iii) field study; or 272.32 (iv) case study; 272.33 (2) apply technology (for example, the use of sensors and 272.34 probes, microscopes, environmental sampling tools, analysis with 272.35 spreadsheets, computer simulations to solve problems, 272.36 computerized electron microscope images, and invention of 273.1 equipment or tools); and 273.2 (3) practice science safely, including: 273.3 (i) using equipment properly and following other standard 273.4 laboratory procedures; 273.5 (ii) identifying safety hazards and risk factors of 273.6 technological equipment being used; 273.7 (iii) using proper methods of disposing of chemicals and 273.8 biological materials; and 273.9 (iv) knowing emergency procedures and the location of 273.10 safety equipment. 273.11 Sec. 7. [CONCEPTS IN CHEMISTRY - HIGH SCHOOL.] 273.12 Subdivision 1. [PURPOSE.] Develop scientific literacy 273.13 through understanding concepts, theories, and principles in 273.14 chemistry by analysis and investigation. 273.15 Subd. 2. [PART A.] A student shall demonstrate an 273.16 understanding of: 273.17 (1) atomic structure, including: 273.18 (i) structure of atoms; 273.19 (ii) properties of isotopes; and 273.20 (iii) radioactive processes; 273.21 (2) structure and properties of matter, including: 273.22 (i) knowledge of elements; 273.23 (ii) measurement of basic properties of matter (for 273.24 example, thermal expansion, electrical conductivity, crystal 273.25 structure, and solubility); 273.26 (iii) patterns in the periodic table; 273.27 (iv) the role of electrons in all types of bonding; and 273.28 (v) formation and properties of inorganic and organic 273.29 substances (for example, polymers and large molecules essential 273.30 to life); 273.31 (3) chemical reactions, including: 273.32 (i) evidence of chemical reactions; 273.33 (ii) energy changes in chemical system; 273.34 (iii) determining the factors that affect the rate of a 273.35 reaction; and 273.36 (iv) common chemical reactions that occur in kitchens, 274.1 living systems, and the environment; 274.2 (4) the history of science, including the historical 274.3 significance of a major scientific or technological advance in 274.4 chemistry and the importance of multiple contributions by 274.5 individuals with diverse perspectives; and 274.6 (5) the nature of science, including: 274.7 (i) how historical and current scientific concepts and 274.8 knowledge guide scientific inquiries; 274.9 (ii) that scientific inquiries are performed to test ideas 274.10 and predictions and to learn about the natural world; 274.11 (iii) how the use of various technologies influences the 274.12 investigations; 274.13 (iv) the essential rule of mathematics in scientific 274.14 inquiry; 274.15 (v) how science knowledge based on evidence adheres to 274.16 established scientific criteria; and 274.17 (vi) that traditions govern the conduct of scientists. 274.18 Subd. 3. [PART B.] A student shall demonstrate the ability 274.19 to: 274.20 (1) design and conduct a scientific investigation using one 274.21 of the following high school inquiry standards: 274.22 (i) research process; or 274.23 (ii) issue analysis; or 274.24 (iii) field study; or 274.25 (iv) case study; 274.26 (2) apply technology (for example, the use of sensors and 274.27 probes) analysis with spreadsheets, development of computer 274.28 simulations to solve problems, and creation or invention of 274.29 equipment and tools; and 274.30 (3) practice science safely, including: 274.31 (i) using equipment properly and following other standard 274.32 laboratory procedures; 274.33 (ii) identifying safety hazards and risk factors of 274.34 technological equipment being used; 274.35 (iii) using proper methods of disposing of chemicals and 274.36 materials; and 275.1 (iv) knowing emergency procedures and the location and use 275.2 of safety equipment. 275.3 Sec. 8. [EARTH AND SPACE SYSTEMS - HIGH SCHOOL LEVEL.] 275.4 Subdivision 1. [PURPOSE.] Investigate and analyze earth 275.5 and space systems through application of concepts, theories, and 275.6 principles. 275.7 Subd. 2. [PART A.] A student shall demonstrate an 275.8 understanding of: 275.9 (1) energy in the earth system, including internal and 275.10 external sources of energy and the transfer of energy; 275.11 (2) interaction of forces and energy, including, but not 275.12 limited to, fault systems, movement of earth materials, and star 275.13 systems; 275.14 (3) geochemical processes and cycles, including movement 275.15 and sinking of elements and the physical and chemical changes 275.16 caused by this movement; 275.17 (4) theory of origins and evolution of the universe, 275.18 including "big bang," gravitational attraction of matter, and 275.19 nuclear reactions in stars to produce elements; 275.20 (5) potential environmental problems related to earth and 275.21 space systems; 275.22 (6) the history of science, including the historical 275.23 significance of a major scientific or technological advance in 275.24 earth and space systems and the importance of multiple 275.25 contributions by individuals with diverse perspectives; and 275.26 (7) the nature of science, including: 275.27 (i) how historical and current scientific concepts and 275.28 knowledge guide scientific inquiries; 275.29 (ii) that scientific inquiries are performed to test 275.30 predictions, verify ideas, and to learn about the natural world; 275.31 (iii) how the use of various technologies influences the 275.32 investigations; 275.33 (iv) the essential role of mathematics in scientific 275.34 inquiry; 275.35 (v) how science knowledge based on evidence adheres to 275.36 established scientific criteria; and 276.1 (vi) that traditions govern the conduct of scientists. 276.2 Subd. 3. [PART B.] A student shall demonstrate the ability 276.3 to: 276.4 (1) design and conduct a scientific investigation using one 276.5 of the following high school inquiry standards: 276.6 (i) research process; or 276.7 (ii) issue analysis; or 276.8 (iii) field study; or 276.9 (iv) case study; 276.10 (2) apply appropriate learning and analysis technologies 276.11 (for example, sensors and probes, graphing calculators, 276.12 spreadsheets, computer simulations, field sampling equipment, 276.13 and downlinks from real-time databases); and 276.14 (3) practice science safely, including: 276.15 (i) using equipment properly and following other standard 276.16 laboratory procedures; 276.17 (ii) identifying safety hazards and risk factors of 276.18 technological equipment being used; and 276.19 (iii) using proper methods of disposing of chemicals and 276.20 materials and knowing emergency procedures and the location and 276.21 use of safety equipment. 276.22 Sec. 9. [CONCEPTS IN PHYSICS - HIGH SCHOOL.] 276.23 Subdivision 1. [PURPOSE.] Investigate and develop an 276.24 understanding of the makeup, structure, and function of the 276.25 physical world. 276.26 Subd. 2. [PART A.] A student shall demonstrate 276.27 understanding of: 276.28 (1) how forces can produce a variety of types of motions; 276.29 (2) how the concepts of conservation of energy, momentum, 276.30 and charge are used to analyze events and solve problems; 276.31 (3) wave motion, including sound, light, and other 276.32 electromagnetic waves; 276.33 (4) electricity, magnetism, and electromagnetism; 276.34 (5) the development of ideas in modern physics, including 276.35 atomic and nuclear physics, relativity, quantum physics, and 276.36 fundamental particles; 277.1 (6) the history of science, including the historical 277.2 significance of a major scientific or technological advance in 277.3 physics and the importance of multiple contributions by 277.4 individuals with diverse perspectives; and 277.5 (7) the nature of science, including: 277.6 (i) how historical and current scientific concepts and 277.7 knowledge guide scientific inquiries; 277.8 (ii) that scientific inquiries are performed to test 277.9 predictions, verify ideas, and to learn about the natural world; 277.10 (iii) how the use of various technologies influences the 277.11 investigations; 277.12 (iv) the essential role of mathematics in scientific 277.13 inquiry; 277.14 (v) how science knowledge based on evidence adheres to 277.15 established scientific criteria; and 277.16 (vi) that traditions govern the conduct of scientists. 277.17 Subd. 3. [PART B.] A student shall demonstrate the ability 277.18 to: 277.19 (1) design and conduct a scientific investigation using one 277.20 of the following high school inquiry standards: 277.21 (i) research process; or 277.22 (ii) issue analysis; or 277.23 (iii) field study; or 277.24 (iv) case study; 277.25 (2) apply appropriate learning and analysis technologies 277.26 (for example, sensors and probes, analysis with spreadsheets, 277.27 computer simulations, and invention of equipment, tools, or 277.28 circuits); and 277.29 (3) practice science safely, including: 277.30 (i) using equipment properly and following other standard 277.31 laboratory procedures; 277.32 (ii) identifying safety hazards and risk factors of 277.33 technological equipment being used; and 277.34 (iii) using proper methods of disposing of chemicals or 277.35 materials and knowing emergency procedures and the location and 277.36 use of safety equipment. 278.1 Sec. 10. [ENVIRONMENTAL SYSTEMS - HIGH SCHOOL LEVEL.] 278.2 Subdivision 1. [PURPOSE.] Evaluate a local or regional 278.3 environmental issue, select a solution, and prepare a plan to 278.4 carry out the solution. 278.5 Subd. 2. [PART A.] A student shall have an understanding 278.6 of: 278.7 (1) environmental systems representing the interaction of 278.8 natural and social systems; 278.9 (2) local, regional, or global environmental issues (for 278.10 example, personal and community health, population growth, 278.11 natural resources, environmental quality, and natural and human 278.12 induced hazards); 278.13 (3) science concepts associated with environmental issues, 278.14 including: 278.15 (i) processes that shape the earth (for example, forces 278.16 that change the surface of the earth, energy flow, and material 278.17 cycles in earth systems); and 278.18 (ii) characteristics and processes of living systems (for 278.19 example, organisms, populations and communities, heredity and 278.20 evolution, systems and connections, the flow of energy, and the 278.21 cycling of matter); 278.22 (4) types of social systems that interact with natural 278.23 systems (for example, economic, political, and technological); 278.24 (5) the historical significance of a major scientific or 278.25 technological advance in environmental systems and the 278.26 importance of multiple contributions by individuals with diverse 278.27 perspectives; and 278.28 (6) the nature of science in environmental systems, 278.29 including: 278.30 (i) how historical and current understanding of natural 278.31 systems guide environmental decision making; 278.32 (ii) that research and inquiries are performed to test 278.33 ideas, verify ideas, and make predictions about changes in 278.34 environmental systems; 278.35 (iii) how progress in science and technology are affected 278.36 by social issues and challenges; 279.1 (iv) how environmental decisions involve assessment of 279.2 alternatives, risks, costs, and benefits; and 279.3 (v) the traditions that govern the conduct of researchers. 279.4 Subd. 3. [PART B.] A student shall demonstrate the ability 279.5 to: 279.6 (1) identify components of an existing local or regional 279.7 environmental issue, including: 279.8 (i) scientific concepts related to or embedded in the 279.9 issue; and 279.10 (ii) social systems involved in the issue; 279.11 (2) conduct a science-based investigation of a local or 279.12 regional environmental issue using the issue analysis standard 279.13 from inquiry and research learning area; 279.14 (3) develop and give rationale for a personal action plan 279.15 designed to promote a specified solution; 279.16 (4) apply appropriate learning and analysis technologies 279.17 (for example, sensors and probes, graphing calculators, 279.18 spreadsheets, computer simulations and models, field sampling 279.19 equipment, and downlinks from real-time databases); and 279.20 (5) practice science safely, including: 279.21 (i) using equipment properly and following standard 279.22 laboratory and field procedures; 279.23 (ii) identifying safety hazards and risk factors of 279.24 technological equipment being used; 279.25 (iii) using proper methods for disposing of chemicals, 279.26 field waste, and used materials; and 279.27 (iv) knowing emergency procedures and the location and use 279.28 of safety equipment. 279.29 Sec. 11. [REQUIRED SCIENCE STANDARDS FOR GRADUATION.] 279.30 High school students must complete standards from at least 279.31 two of the science areas in sections 6 to 10 of this article. 279.32 ARTICLE 19 279.33 REQUIRED: SOCIAL SCIENCES 279.34 Section 1. [FAMILY, SCHOOL, AND COMMUNITY - PRIMARY.] 279.35 Subdivision 1. [PURPOSE.] Understand the interaction of 279.36 the individual, family, school, community, and place. 280.1 Subd. 2. [PART A.] A student shall demonstrate an 280.2 understanding of: 280.3 (1) how individuals and groups responsibly meet wants and 280.4 needs when resources (for example, food, shelter, and clothing) 280.5 are scarce; 280.6 (2) how citizens responsibly make choices by considering 280.7 the needs of the individual, home, school, and community; 280.8 (3) the location of the local community and country in 280.9 relation to larger geographic area; 280.10 (4) the location of major geographic features of the 280.11 earth's surface; 280.12 (5) the physical features of communities (for example, 280.13 climate, vegetation, land forms, or bodies of water); 280.14 (6) human features of communities (for example, population 280.15 distribution, settlement patterns, or cultural diversity); 280.16 (7) the reason for location of communities or features of 280.17 communities; 280.18 (8) the ethnic and national backgrounds of various 280.19 community members; and 280.20 (9) how different individuals respond differently to the 280.21 same event. 280.22 Subd. 3. [PART B.] A student shall demonstrate the ability 280.23 to: 280.24 (1) explain how the student's home region has changed over 280.25 time; 280.26 (2) create a timeline of personal history using simple 280.27 historical research based on primary sources (for example, 280.28 photos, personal artifacts, or family interviews); 280.29 (3) create maps, including mental maps that show an 280.30 understanding of the relative location of the community in 280.31 relation to larger geographic areas; and 280.32 (4) identify, investigate, discuss, and plan, based on 280.33 wants and needs, how to improve the school, community, or 280.34 environment. 280.35 Sec. 2. [HISTORICAL EVENTS - INTERMEDIATE.] 280.36 Subdivision 1. [PURPOSE.] Understand that historical 281.1 events are influenced by multiple factors, including the 281.2 contributions of key people; the influence of technology; and 281.3 conflict, cooperation, and interdependence among people. 281.4 Subd. 2. [PART A.] A student shall demonstrate an 281.5 understanding of: 281.6 (1) the multiple causes and effects of an historical event 281.7 (for example, the causes of the American Revolution and the 281.8 results of the conflict); 281.9 (2) how technology influences historical change (for 281.10 example, the influence of railroads on the growth of the United 281.11 States, the changes in sailing ships that allowed European 281.12 exploration, or the development of irrigation systems in ancient 281.13 cultures); 281.14 (3) the contribution of individuals to historical events 281.15 (for example, the signers of the Declaration of Independence or 281.16 modern civil rights leaders); and 281.17 (4) conflict, cooperation, and interdependence among 281.18 individuals, groups, and nations through time (for example, the 281.19 relationship between American Indians and Europeans in the early 281.20 colonial period). 281.21 Subd. 3. [PART B.] A student shall demonstrate the ability 281.22 to: 281.23 (1) create a brief historical narrative from the point of 281.24 view of a community member by gathering primary and secondary 281.25 historical information through interviews, photos, or other 281.26 sources; and 281.27 (2) construct, read, and interpret timelines of key people 281.28 and events from a variety of time periods. 281.29 Sec. 3. [GEOGRAPHY AND CITIZENSHIP - INTERMEDIATE.] 281.30 Subdivision 1. [PURPOSE.] Understand the role of citizens 281.31 in their own communities and the interaction of people, places, 281.32 and regions. 281.33 Subd. 2. [PART A.] A student shall demonstrate an 281.34 understanding of: 281.35 (1) location and physical characteristics (for example, 281.36 climate or natural resources) of the United States and selected 282.1 world regions; 282.2 (2) human characteristics (for example, cultural, economic, 282.3 political) or technological characteristics of United States and 282.4 selected world regions; 282.5 (3) interactions of people in the United States and 282.6 selected world regions; 282.7 (4) how local resources and products are moved throughout 282.8 the world; 282.9 (5) how people of different regions and cultures interact 282.10 with the environment; 282.11 (6) geographic origins of groups in the local community; 282.12 and 282.13 (7) local community needs (for example, laws, rights, and 282.14 responsibilities), resource needs, or health and safety issues. 282.15 Subd. 3. [PART B.] A student shall demonstrate the ability 282.16 to: 282.17 (1) interpret and use information from maps and graphic 282.18 representations; 282.19 (2) read a variety of different kinds of maps; 282.20 (3) create maps, including mental maps, showing the 282.21 relative location of the community to the nation and the world; 282.22 (4) compare ways people of different cultures and regions 282.23 interact with the physical environment; 282.24 (5) discuss, develop, participate in, and evaluate an 282.25 activity that contributes to the improvement of the community; 282.26 and 282.27 (6) describe ways to promote the values and principles of 282.28 American democracy. 282.29 Sec. 4. [CURRENT ISSUE ANALYSIS - MIDDLE.] 282.30 Subdivision 1. [PURPOSE.] Defend a position concerning a 282.31 current event or issue. 282.32 Subd. 2. [PART A.] A student shall demonstrate an 282.33 understanding of: 282.34 (1) the history, facts, controversy, values, beliefs, and 282.35 emotions surrounding a current event or issue; 282.36 (2) the range of positions and opinions surrounding a 283.1 current event or issue; and 283.2 (3) the responsibility of citizens involved in the event or 283.3 issue. 283.4 Subd. 3. [PART B.] A student shall demonstrate the ability 283.5 to: 283.6 (1) summarize in an oral, written, or role-play form the 283.7 central facts and opinions surrounding an issue; 283.8 (2) describe the impact of the issue on current or future 283.9 events; and 283.10 (3) select and defend a position based on information and 283.11 reasoning. 283.12 Sec. 5. [GEOGRAPHY AND CULTURE - MIDDLE.] 283.13 Subdivision 1. [PURPOSE.] Understand how events, the 283.14 interactions of people, the development of culture, and economic 283.15 development are influenced by physical and human geography. 283.16 Subd. 2. [PART A.] A student shall demonstrate an 283.17 understanding of: 283.18 (1) how regions of the world are defined in terms of 283.19 location, natural resources, people and cultures, and physical 283.20 features; 283.21 (2) the physical and cultural characteristics of selected 283.22 regions; 283.23 (3) how regions and global systems are interconnected and 283.24 interdependent; 283.25 (4) the economic development of regions (for example, the 283.26 use of resources), the development of technology, or an increase 283.27 in trade; and 283.28 (5) the impact of human and physical geography on current 283.29 or historical issues that involve particular regions. 283.30 Subd. 3. [PART B.] A student shall demonstrate an ability 283.31 to: 283.32 (1) construct and interpret maps, including mental maps, 283.33 and other graphic representations that show the location of 283.34 regions and the change of regions over time; 283.35 (2) construct and interpret maps, including mental maps, 283.36 and other graphic representations that show the interaction of 284.1 regions through the movement of people, ideas, or resources; and 284.2 (3) compare differences and similarities between world 284.3 regions in, for example, their forms of government, topography, 284.4 resource use, or ethnicity. 284.5 Sec. 6. [HISTORY AND CITIZENSHIP - MIDDLE LEVEL.] 284.6 Subdivision 1. [PURPOSE.] Understand the role of 284.7 individuals and groups in influencing historical events. 284.8 Subd. 2. [PART A.] A student shall demonstrate an 284.9 understanding of: 284.10 (1) the origin and influences of diverse ideas and beliefs 284.11 in history (for example, the competing interests that lead to 284.12 the formation of the Bill of Rights); 284.13 (2) the facts, sequences, and patterns within a historical 284.14 period (for example, colonization patterns and the response of 284.15 the American Indians); 284.16 (3) themes of change (for example, significant immigration 284.17 periods in United States history and their impact on society); 284.18 (4) a continuum of change in a local community or 284.19 institution; 284.20 (5) the role of individuals and groups in influencing 284.21 change through political processes, legal processes, or other 284.22 means; and 284.23 (6) how people become citizens and how citizens contribute 284.24 to a changing community through participation. 284.25 Subd. 3. [PART B.] A student shall demonstrate the ability 284.26 to: 284.27 (1) create an historical narrative, based on primary and 284.28 secondary sources, that draws conclusions about historical 284.29 events and participants and shows an understanding of 284.30 chronology; 284.31 (2) construct and interpret thematic or multitiered 284.32 timelines to compare eras or to compare different ideas or 284.33 places within the same era; and 284.34 (3) use civic dialogue and an actual or simulated political 284.35 process to examine issues involving rights, roles, and 284.36 responsibilities. 285.1 Sec. 7. [THEMES OF UNITED STATES HISTORY - HIGH SCHOOL.] 285.2 Subdivision 1. [PURPOSE.] Understand the development of 285.3 United States history through the study of foundational 285.4 documents, historical themes, historical eras, and diverse 285.5 perspectives. 285.6 Subd. 2. [PART A.] A student shall demonstrate an 285.7 understanding of: 285.8 (1) the historical influence of foundational primary 285.9 documents, including the Declaration of Independence and the 285.10 United States Constitution; 285.11 (2) cultural, political, social, scientific, or economic 285.12 themes related to key people, events, and concepts in historical 285.13 eras of the United States (for example, the convergence of 285.14 people, Civil War and Reconstruction, the Great Depression, or 285.15 contemporary United States); and 285.16 (3) how diverse ideas or beliefs have influenced different 285.17 eras of United States history, including tribal sovereignty and 285.18 the relationship between American Indian tribal governments and 285.19 federal and state government in earlier eras or in recent times. 285.20 Subd. 3. [PART B.] A student shall demonstrate the ability 285.21 to: 285.22 (1) formulate historical questions and defend historical 285.23 positions using evidence from primary and secondary sources 285.24 representing a variety of perspectives; 285.25 (2) analyze historical issues and evaluate the impact of 285.26 historical decisions; and 285.27 (3) think chronologically (for example, through developing 285.28 historical narrative or through constructing and interpreting 285.29 thematic and multitiered timelines). 285.30 Sec. 8. [UNITED STATES CITIZENSHIP - HIGH SCHOOL.] 285.31 Subdivision 1. [PURPOSE.] Understands the foundations, 285.32 rights, and responsibilities of United States citizenship. 285.33 Subd. 2. [PART A.] A student shall demonstrate an 285.34 understanding of: 285.35 (1) the foundations, rights, and responsibilities of United 285.36 States citizenship; 286.1 (2) how the United States Constitution and other 286.2 foundational documents embody the principles and ideals of a 286.3 democratic republic; 286.4 (3) the rights and responsibilities of citizens, 286.5 noncitizens, and dual citizens; 286.6 (4) the formal and informal structures of government, 286.7 including how interest groups exercise power; and 286.8 (5) how citizens affect local, national, and foreign policy. 286.9 Subd. 3. [PART B.] A student shall demonstrate the ability 286.10 to: 286.11 (1) use research and civic dialogue to examine issues 286.12 involving rights, roles, and the status of individuals in 286.13 relation to the general welfare of society; and 286.14 (2) observe, analyze, and interact with an actual or 286.15 simulated governmental process. 286.16 Sec. 9. [DIVERSE PERSPECTIVES - HIGH SCHOOL.] 286.17 Subdivision 1. [PURPOSE.] Evaluate events and actions from 286.18 diverse United States and world perspectives. 286.19 Subd. 2. [PART A.] A student shall demonstrate an 286.20 understanding of: 286.21 (1) how race, culture, gender, and disability may influence 286.22 beliefs, actions, and world view; 286.23 (2) how the same data can be interpreted differently 286.24 depending upon perspectives, goals, attitudes, personal history, 286.25 culture, or other factors; 286.26 (3) issues, topics, or concepts around which disagreement 286.27 or ambiguity exist; and 286.28 (4) two or more alternative points of view for one issue, 286.29 topic, event, or concept around which disagreement or ambiguity 286.30 exists. 286.31 Subd. 3. [PART B.] A student shall demonstrate the ability 286.32 to: 286.33 (1) describe, explain, and compare points of view 286.34 concerning an issue, including the reasons for alternative 286.35 points of view; 286.36 (2) evaluate events and actions from diverse United States 287.1 and world perspectives; and 287.2 (3) analyze how interpretation is affected by omitting 287.3 viewpoints. 287.4 Sec. 10. [HUMAN GEOGRAPHY - HIGH SCHOOL.] 287.5 Subdivision 1. [PURPOSE.] Understand how people interact 287.6 with the environment, how people of different regions interact 287.7 with each other, and how conflict or change results from these 287.8 interactions. 287.9 Subd. 2. [PART A.] A student shall demonstrate an 287.10 understanding of: 287.11 (1) the location of major places, regions, and geographic 287.12 features on the surface of the earth; 287.13 (2) the physical processes that shape patterns on the 287.14 earth's surface; 287.15 (3) the physical and cultural characteristics of places and 287.16 regions; 287.17 (4) how the environment is modified by and modifies human 287.18 activity; 287.19 (5) how changing relationships between humans and the 287.20 physical environment influences the characteristics of places; 287.21 (6) how places, regions, and global systems are 287.22 interconnected through the movement of people, ideas, resources, 287.23 and other cultural characteristics; and 287.24 (7) how changes in the patterns of human interaction result 287.25 in changes in the cultural landscape. 287.26 Subd. 3. [PART B.] A student shall demonstrate the ability 287.27 to: 287.28 (1) interpret and communicate geographic information 287.29 through maps and other graphic tools and geographic information 287.30 systems; 287.31 (2) predict changes or trends in physical or cultural 287.32 landscape based on changes in spatial patterns or other 287.33 geographic information; and 287.34 (3) use a geographic perspective in the analysis of a 287.35 dispute over land use, resource utilization, or political 287.36 control of territory. 288.1 Sec. 11. [INSTITUTIONS AND TRADITIONS IN SOCIETY - HIGH 288.2 SCHOOL.] 288.3 Subdivision 1. [PURPOSE.] Understand the interaction and 288.4 development of individuals, groups, and institutions. 288.5 Subd. 2. [PART A.] A student shall demonstrate an 288.6 understanding of: 288.7 (1) institutions (for example, family, religion, 288.8 educational, economic, or political institutions) and the 288.9 traditions of those institutions; 288.10 (2) societal concepts that influence the interaction among 288.11 individuals, groups, and society; 288.12 (3) how societal concepts and institutions develop and 288.13 change over time; 288.14 (4) how cultural diversity affects conflict and cohesion 288.15 within and across groups and institutions; and 288.16 (5) tensions between individuality and conformity and the 288.17 groups that influence the tensions (for example, family, peer 288.18 groups, or the media). 288.19 Subd. 3. [PART B.] A student shall demonstrate the ability 288.20 to: 288.21 (1) use observation, surveys, sampling, or other research 288.22 to analyze how roles, status, and societal class affect 288.23 interaction in groups and institutions; and 288.24 (2) analyze how institutions affect continuity and change. 288.25 Sec. 12. [COMMUNITY INTERACTION - HIGH SCHOOL.] 288.26 Subdivision 1. [PURPOSE.] Understand the relationships 288.27 between organizations and the communities they serve through 288.28 direct service or experience. 288.29 Subd. 2. [PART A.] A student shall demonstrate an 288.30 understanding of: 288.31 (1) the types of organizations that serve the community and 288.32 the types of assistance they offer; 288.33 (2) how organizations assess community needs; and 288.34 (3) how individuals can work to improve the community. 288.35 Subd. 3. [PART B.] A student shall demonstrate the ability 288.36 to: 289.1 (1) conduct a needs assessment to determine the impact of 289.2 an issue, event, or service on the community; and 289.3 (2) suggest, apply, and evaluate strategies designed to 289.4 improve the community through direct service or other authentic 289.5 experience. 289.6 Sec. 13. [WORLD HISTORY AND CULTURES - HIGH SCHOOL.] 289.7 Subdivision 1. [PURPOSE.] Understand historical 289.8 developments that gave rise to human societies. 289.9 Subd. 2. [PART A.] A student shall demonstrate an 289.10 understanding of: 289.11 (1) processes that influence the formation of human 289.12 societies (for example, the development of agriculture or the 289.13 development of institutions); 289.14 (2) characteristics of emerging and spreading civilizations 289.15 (for example, increased influence through trade or conquest); 289.16 (3) processes of change within societies, including reform 289.17 and revolution; 289.18 (4) causes and effects of political, social, or cultural 289.19 exchanges and encounters (for example, the contact between 289.20 Mesoamerican civilizations and the Spanish); 289.21 (5) patterns of global transformations and the rise of an 289.22 interdependent world; and 289.23 (6) unifying themes across historical eras or across world 289.24 regions in the same era. 289.25 Subd. 3. [PART B.] A student shall demonstrate the ability 289.26 to: 289.27 (1) formulate a historical question about an event, issue, 289.28 era, region, or culture; 289.29 (2) evaluate a historical question for research 289.30 feasibility; 289.31 (3) gather information from secondary sources and original 289.32 primary or translated sources; and 289.33 (4) present research findings, including conclusions about 289.34 the historical question, bias and perspective in sources, 289.35 limitations of the investigation because of time or distance 289.36 from sources, and possible questions for further research. 290.1 ARTICLE 20 290.2 REQUIRED: ARTS AND LITERATURE 290.3 Section 1. [ARTISTIC EXPRESSION - PRIMARY.] 290.4 Subdivision 1. [PURPOSE.] Use artistic processes to 290.5 create, perform, and interpret art works in at least three of 290.6 the following arts areas. 290.7 Subd. 2. [PART A.] A student shall demonstrate an 290.8 understanding of: 290.9 (1) [DANCE.] 290.10 (i) the elements of dance, including action, space, time, 290.11 and energy; and 290.12 (ii) characteristics of dance from a variety of cultures 290.13 and historical times; 290.14 (2) [MUSIC.] 290.15 (i) the elements of music, including melody, rhythm, 290.16 harmony, dynamics, tone color, texture, and form; and 290.17 (ii) characteristics of music from a variety of cultures 290.18 and historical times; 290.19 (3) [THEATER.] 290.20 (i) the elements of theater, including plot, theme, 290.21 character, language, sound, and spectacle; and 290.22 (ii) characteristics of theater from a variety of cultures 290.23 and historical times; or 290.24 (4) [VISUAL ARTS.] 290.25 (i) the elements of visual art, including color, line, 290.26 shape, form, texture, and space; and 290.27 (ii) characteristics of visual art from a variety of 290.28 cultures and historical times. 290.29 Subd. 3. [PART B.] A student shall demonstrate the ability 290.30 to: 290.31 (1) [DANCE.] 290.32 (i) use basic movement skills in musical or rhythmic 290.33 contexts; and 290.34 (ii) create and perform sequences of movement with a 290.35 beginning, middle, and end to communicate a story, life 290.36 experience, theme, or idea; 291.1 (2) [MUSIC.] 291.2 (i) sing a varied repertoire of songs in a group; 291.3 (ii) improvise and compose on classroom instruments to 291.4 communicate an idea; 291.5 (iii) play simple rhythms and melodies on classroom 291.6 instruments; and 291.7 (iv) read and write music using a system of notation; 291.8 (3) [THEATER.] 291.9 (i) use movement, sound, and language to create images and 291.10 express ideas; 291.11 (ii) create characterizations of animals, objects, or 291.12 shapes; and 291.13 (iii) communicate a story and character using voice, 291.14 movement, costume, and props; or 291.15 (4) [VISUAL ARTS.] 291.16 (i) use the tools, basic skills, and techniques of at least 291.17 three different mediums; and 291.18 (ii) create original works of art to communicate ideas. 291.19 Sec. 2. [ARTISTIC EXPRESSION - INTERMEDIATE.] 291.20 Subdivision 1. [PURPOSE.] Use artistic processes to 291.21 create, perform, and interpret art works in at least three of 291.22 the following arts areas. 291.23 Subd. 2. [PART A.] A student shall demonstrate an 291.24 understanding of: 291.25 (1) [DANCE.] 291.26 (i) components of dance: 291.27 (A) elements, including action, space, time and energy; 291.28 (B) principles of choreography (for example, repetition, 291.29 pattern, or unity); and 291.30 (C) vocabulary; 291.31 (ii) cultural and historical forms or traditions of dance; 291.32 and 291.33 (iii) how dance elements are similar to and different from 291.34 the elements of other arts areas (for example, music, theater, 291.35 or visual arts); 291.36 (2) [MUSIC.] 292.1 (i) components of music: 292.2 (A) elements, including melody, rhythm, harmony, dynamics, 292.3 tone color, texture, and form; and 292.4 (B) vocabulary; 292.5 (ii) cultural and historical forms or traditions of music; 292.6 and 292.7 (iii) how musical elements are similar to and different 292.8 from the elements of other arts areas (for example, dance, 292.9 theater, or visual arts); 292.10 (3) [THEATER.] 292.11 (i) components of theater: 292.12 (A) elements, including plot, theme, character, language, 292.13 sound, and spectacle; 292.14 (B) forms (for example, tragedy, comedy, farce, or 292.15 melodrama); and 292.16 (C) vocabulary; 292.17 (ii) cultural and historical forms or traditions of 292.18 theater; and 292.19 (iii) how theater elements are similar to and different 292.20 from the elements of other arts areas (for example, dance, 292.21 music, or visual arts); or 292.22 (4) [VISUAL ARTS.] 292.23 (i) components of visual arts: 292.24 (A) elements, including color, line, shape, form, texture, 292.25 and space; 292.26 (B) principles (for example, repetition, contrast, or 292.27 balance); and 292.28 (C) vocabulary; 292.29 (ii) cultural and historical forms or traditions of visual 292.30 arts; and 292.31 (iii) how visual arts elements are similar to and different 292.32 from the elements of other arts areas (for example, dance, 292.33 music, or theater). 292.34 Subd. 3. [PART B.] A student shall demonstrate the ability 292.35 to: 292.36 (1) [DANCE.] 293.1 (i) perform characteristic movements and styles of dance 293.2 from more than one form or tradition; 293.3 (ii) create movement sequences with or without music; and 293.4 (iii) generate multiple responses to movement ideas; 293.5 (2) [MUSIC.] 293.6 (i) sing or play traditional instruments alone and sing 293.7 rounds and part songs or play traditional instruments in a 293.8 group; 293.9 (ii) improvise and compose rhythms, melodies, and 293.10 accompaniments using classroom instruments, voice, or both to 293.11 express a specific musical idea; 293.12 (iii) perform rhythmic, melodic, and harmonic patterns on 293.13 classroom instruments; and 293.14 (iv) read and write music using a system of musical 293.15 notation; 293.16 (3) [THEATER.] 293.17 (i) create a character based on fiction or life experience 293.18 using movement, voice, costume, and props; and 293.19 (ii) create a dramatic performance by interpreting and 293.20 adapting the plot, characters, and language from an existing 293.21 piece of literature; or 293.22 (4) [VISUAL ARTS.] 293.23 (i) use elements, principles, skills, and techniques of at 293.24 least three different mediums; and 293.25 (ii) create original works of art to express specific 293.26 artistic ideas. 293.27 Sec. 3. [ARTISTIC INTERPRETATION - MIDDLE.] 293.28 Subdivision 1. [PURPOSE.] Use artistic processes to 293.29 analyze and interpret a variety of works in at least three of 293.30 the following arts areas. 293.31 Subd. 2. [PART A.] A student shall demonstrate an 293.32 understanding of: 293.33 (1) [DANCE.] 293.34 (i) how the components of dance are used to convey meaning: 293.35 (A) elements, including action, space, time, and energy; 293.36 (B) principles of choreography (for example, repetition, 294.1 pattern, or unity); 294.2 (C) vocabulary; 294.3 (D) styles (for example, tap, ballet, or modern); and 294.4 (E) choreographic structures (for example, theme and 294.5 variation); 294.6 (ii) the connection between a work in dance, its purpose, 294.7 and its cultural and historical contexts; and 294.8 (iii) how the principles and vocabulary of dance are 294.9 similar to and different from other arts areas (for example, 294.10 music, theater, or visual art); 294.11 (2) [MUSIC.] 294.12 (i) how the components of music are used to convey meaning: 294.13 (A) elements, including melody, rhythm, harmony, dynamics, 294.14 tone color, texture, and form; 294.15 (B) vocabulary; 294.16 (C) styles (for example, blues, jazz, or opera); and 294.17 (D) structures (for example, ABA); 294.18 (ii) the connection between a work of music, its purpose, 294.19 and its cultural and historical contexts; and 294.20 (iii) how the vocabulary of music is similar to and 294.21 different from other arts areas (for example, dance, theater, or 294.22 visual arts); 294.23 (3) [THEATER.] 294.24 (i) how the components of theater are used to convey 294.25 meaning: 294.26 (A) elements, including plot, theme, character, language, 294.27 sound, and spectacle; 294.28 (B) forms (for example, tragedy, comedy, farce, or 294.29 melodrama); 294.30 (C) vocabulary; 294.31 (D) styles (for example, romantic or classical); and 294.32 (E) structures (for example, chronological or nonlinear); 294.33 (ii) the connection between a work in theater, its purpose, 294.34 and its cultural and historical contexts; and 294.35 (iii) how the forms and vocabulary of theater are similar 294.36 to and different from other arts areas (for example, dance, 295.1 music, or visual arts); or 295.2 (4) [VISUAL ARTS.] 295.3 (i) how the components of visual arts are used to convey 295.4 meaning: 295.5 (A) elements, including color, line, shape, form, texture, 295.6 and space; 295.7 (B) principles (for example, repetition, contrast, or 295.8 balance); 295.9 (C) vocabulary; 295.10 (D) styles (for example, abstract or impressionist); and 295.11 (E) structures (for example, two dimensional or three 295.12 dimensional); 295.13 (ii) the connection between a visual art work, its purpose, 295.14 and its cultural and historical contexts; and 295.15 (iii) how the principles and vocabulary of visual art are 295.16 similar to and different from other arts areas (for example, 295.17 dance, music, or theater). 295.18 Subd. 3. [PART B.] A student shall demonstrate the ability 295.19 to: 295.20 (1) [DANCE.] 295.21 (i) communicate a personal reaction to performances of 295.22 original works or interpretations and performances of existing 295.23 works in dance using the components of dance; and 295.24 (ii) use criteria to evaluate performances in dance; 295.25 (2) [MUSIC.] 295.26 (i) communicate a personal reaction to performances of 295.27 original works, compositions, or interpretations and 295.28 performances of existing music using the components of music; 295.29 and 295.30 (ii) use criteria to evaluate musical performances; 295.31 (3) [THEATER.] 295.32 (i) communicate a personal reaction to performances of 295.33 original works or interpretations and performances of existing 295.34 works in theater using the components of theater; and 295.35 (ii) use criteria to evaluate performances in theater; or 295.36 (4) [VISUAL ARTS.] 296.1 (i) communicate a personal reaction to works in visual art 296.2 using the components of visual art; and 296.3 (ii) use criteria to evaluate works of visual art. 296.4 Sec. 4. [ARTISTIC CREATIVITY AND PERFORMANCE - MIDDLE.] 296.5 Subdivision 1. [PURPOSE.] Use artistic processes to create 296.6 and perform in at least three of the following arts areas. 296.7 Subd. 2. [PART A.] A student shall demonstrate an 296.8 understanding of: 296.9 (1) [DANCE.] 296.10 (i) components of dance: 296.11 (A) elements, including action, space, time, and energy; 296.12 (B) principles of choreography (for example, repetition, 296.13 pattern, or unity); 296.14 (C) vocabulary; 296.15 (D) styles (for example, tap, ballet, or modern); and 296.16 (E) choreographic structures (for example, theme and 296.17 variation); 296.18 (ii) technical skills of dance (for example, alignment, 296.19 locomotor, or nonlocomotor movement skills); and 296.20 (iii) how audience and occasion affect artistic choices in 296.21 creating and performing dance; 296.22 (2) [MUSIC.] 296.23 (i) the components of music: 296.24 (A) elements, including melody, rhythm, harmony, dynamics, 296.25 tone color, texture, and form; 296.26 (B) vocabulary; 296.27 (C) styles (for example, blues, jazz, or opera); and 296.28 (D) structures (for example, ABA); 296.29 (ii) technical skills of music (for example, singing or 296.30 playing instruments); and 296.31 (iii) how audience and occasion affect artistic choices 296.32 when composing and performing music; 296.33 (3) [THEATER.] 296.34 (i) the components of theater: 296.35 (A) elements, including plot, theme, character, language, 296.36 sound, and spectacle; 297.1 (B) forms (for example, tragedy, comedy, farce, or 297.2 melodrama); 297.3 (C) vocabulary; 297.4 (D) styles (for example, romantic or classical); and 297.5 (E) structures (for example, chronological or nonlinear); 297.6 (ii) technical skills in the theater (for example, scenery 297.7 or prop design); and 297.8 (iii) how audience and occasion affect artistic choices in 297.9 creation and performance in theater; or 297.10 (4) [VISUAL ARTS.] 297.11 (i) the components of visual art: 297.12 (A) elements, including color, line, shape, form, texture, 297.13 and space; 297.14 (B) principles (for example, repetition, contrast, or 297.15 balance); 297.16 (C) vocabulary; 297.17 (D) styles (for example, abstract or impressionist); and 297.18 (E) structures (for example, two dimensional or three 297.19 dimensional); 297.20 (ii) technical skills of visual arts (for example, 297.21 selecting and using tools and techniques of the medium); and 297.22 (iii) how audience and occasion affect artistic choices in 297.23 creation of visual art. 297.24 Subd. 3. [PART B.] A student shall demonstrate the ability 297.25 to: 297.26 (1) [DANCE.] 297.27 (i) use artistic processes to create and perform in a 297.28 variety of dance contexts; 297.29 (ii) express and communicate ideas using the components of 297.30 dance; 297.31 (iii) use improvisation to generate ideas for artistic 297.32 expression in dance; 297.33 (iv) make and explain artistic choices in creating and 297.34 performing dance; and 297.35 (v) use feedback to revise both creation and performance of 297.36 dance; 298.1 (2) [MUSIC.] 298.2 (i) use artistic processes to create and perform in a 298.3 variety of musical contexts; 298.4 (ii) express and communicate ideas using the components of 298.5 music; 298.6 (iii) use improvisation and composition to generate ideas 298.7 for artistic expression in music; 298.8 (iv) make and explain artistic choices in composing and 298.9 performing music; and 298.10 (v) use feedback to revise musical creation or performance; 298.11 (3) [THEATER.] 298.12 (i) use artistic processes to create and perform in a 298.13 variety of theater contexts; 298.14 (ii) express and communicate ideas using the components of 298.15 theater; 298.16 (iii) use improvisation to generate ideas for creating and 298.17 performing in theater; 298.18 (iv) make and explain artistic choices in creation and 298.19 performance; and 298.20 (v) use feedback to revise creation or performance in 298.21 theater; or 298.22 (4) [VISUAL ARTS.] 298.23 (i) use artistic processes to create in a variety of visual 298.24 art contexts; 298.25 (ii) express and communicate ideas using the components of 298.26 visual arts; 298.27 (iii) generate ideas for artistic expression in visual 298.28 arts; 298.29 (iv) make and explain artistic choices in creating visual 298.30 art; and 298.31 (v) use feedback to revise artistic expression in visual 298.32 art. 298.33 Sec. 5. [ANALYSIS AND INTERPRETATION - HIGH SCHOOL.] 298.34 Subdivision 1. [PURPOSE.] Apply artistic process to 298.35 analyze, interpret, and evaluate art works. (Must be completed 298.36 in literature. This standard may be repeated in dance, media 299.1 arts, music, theater, or visual arts as an elective.) 299.2 Subd. 2. [PART A.] A student shall demonstrate an 299.3 understanding of: 299.4 (1) [DANCE.] 299.5 (i) how a synthesis of the components of dance is used to 299.6 define a work in dance: 299.7 (A) elements, including action, space, time, and energy; 299.8 (B) principles of choreography (for example, repetition, 299.9 pattern, or unity); 299.10 (C) vocabulary; 299.11 (D) choreographic structures (for example, theme and 299.12 variation); 299.13 (E) styles (for example, tap, ballet, or modern); and 299.14 (F) technical skills (for example, alignment, locomotor, or 299.15 nonlocomotor movement); 299.16 (ii) the similarities and differences among the styles and 299.17 choreographic structures within dance; 299.18 (iii) how the selection of criteria affects criticism of a 299.19 dance creation, interpretation, or performance; and 299.20 (iv) the connections between dance and other disciplines 299.21 outside the arts (for example, mathematics, science, or 299.22 history); 299.23 (2) [LITERATURE.] 299.24 (i) how a synthesis of the components of literature is used 299.25 to define a work of literature: 299.26 (A) elements, including plot, character, setting, imagery, 299.27 theme, point of view, and conflict; 299.28 (B) principles (for example, balance or repetition); 299.29 (C) vocabulary; 299.30 (D) structural forms (for example, short story, novella, or 299.31 prose poem); 299.32 (E) styles (for example, classical, romantic, or gothic); 299.33 and 299.34 (F) technical skills (for example, organization or focus); 299.35 (ii) the similarities and differences among the structural 299.36 forms and styles within literature; 300.1 (iii) how the selection of criteria affects literary 300.2 criticism; and 300.3 (iv) the connections between literature and other 300.4 disciplines outside the arts (for example, mathematics, science, 300.5 or history); 300.6 (3) [MEDIA ARTS.] 300.7 (i) how a synthesis of the components of media arts is used 300.8 to define a work in media arts: 300.9 (A) elements, including image, sound, space, time, motion, 300.10 and sequence; 300.11 (B) principles (for example, repetition, unity, or 300.12 contrast); 300.13 (C) vocabulary; 300.14 (D) structures (for example, chronological or spatial); 300.15 (E) styles (for example, documentary, narrative, or 300.16 abstract); and 300.17 (F) technical skills (for example, selection and use of the 300.18 tools of the medium); 300.19 (ii) the similarities and differences among the structures 300.20 and styles within media arts; 300.21 (iii) how the selection of criteria affects criticism of a 300.22 work in media arts; and 300.23 (iv) the connections between media arts and other 300.24 disciplines outside the arts (for example, mathematics, science, 300.25 or history); 300.26 (4) [MUSIC.] 300.27 (i) how a synthesis of the components of music is used to 300.28 define a composition, interpretation, or performance in music: 300.29 (A) elements, including melody, rhythm, harmony, dynamics, 300.30 tone color, texture, and form; 300.31 (B) vocabulary; 300.32 (C) styles (for example, blues, jazz, or opera); 300.33 (D) structures (for example, ABA); and 300.34 (E) technical skills (for example, singing or playing 300.35 instruments); 300.36 (ii) the similarities and differences among the structures 301.1 and styles within music; 301.2 (iii) how the selection of criteria affects criticism of a 301.3 musical composition, interpretation, or performance; and 301.4 (iv) the connections between music and other disciplines 301.5 outside the arts (for example, mathematics, science, or 301.6 history); 301.7 (5) [THEATER.] 301.8 (i) how a synthesis of the components of theater are used 301.9 to define a work in theater: 301.10 (A) elements, including plot, theme, character, language, 301.11 sound, and spectacle; 301.12 (B) forms (for example, tragedy, comedy, farce, or 301.13 melodrama); 301.14 (C) vocabulary; 301.15 (D) styles (for example, romantic or classical); 301.16 (E) structures (for example, chronological or nonlinear); 301.17 and 301.18 (F) technical skills (for example, scenery or prop design); 301.19 (ii) the similarities and differences among the structures 301.20 and styles within theater; 301.21 (iii) how the selection of criteria affects criticism of a 301.22 theater creation, interpretation, or performance; and 301.23 (iv) the connections between theater and other disciplines 301.24 outside the arts (for example, mathematics, science, or 301.25 history); and 301.26 (6) [VISUAL ARTS.] 301.27 (i) how a synthesis of the components of visual arts is 301.28 used to define a work in visual art: 301.29 (A) elements, including color, line, shape, form, texture, 301.30 and space; 301.31 (B) principles (for example, repetition, contrast, or 301.32 balance); 301.33 (C) vocabulary; 301.34 (D) styles (for example, abstract or impressionist); 301.35 (E) structures (for example, two dimensional or three 301.36 dimensional); and 302.1 (F) technical skills (for example, selecting and using 302.2 tools and techniques of the medium); 302.3 (ii) the similarities and differences among the structures 302.4 and styles within visual arts; 302.5 (iii) how the selection of criteria affects criticism of a 302.6 work in visual arts; and 302.7 (iv) the connections between visual arts and other 302.8 disciplines outside the arts (for example, mathematics, science, 302.9 or history). 302.10 Subd. 3. [PART B.] A student shall demonstrate the ability 302.11 to: 302.12 (1) [DANCE.] 302.13 (i) select criteria for evaluating the performances of 302.14 original dances or the interpretations and performances of 302.15 existing dances; 302.16 (ii) analyze and interpret dance through its historical, 302.17 cultural, or social context; 302.18 (iii) support personal reactions to the performances of 302.19 original dances or the interpretations and performances of 302.20 existing dances using the components of dance; and 302.21 (iv) articulate informed evaluations of performances of 302.22 original dances or the interpretations and performances of 302.23 existing dances using selected criteria; 302.24 (2) [LITERATURE.] 302.25 (i) select criteria for evaluating literature; 302.26 (ii) analyze and interpret literature through its 302.27 historical, cultural, or social context; 302.28 (iii) support personal reactions to literature using the 302.29 components of literature; and 302.30 (iv) articulate informed evaluations of literature using 302.31 selected criteria; 302.32 (3) [MEDIA ARTS.] 302.33 (i) select criteria for evaluating works in media arts; 302.34 (ii) analyze and interpret media art through its 302.35 historical, cultural, or social context; 302.36 (iii) support personal reactions to media art works using 303.1 the components of media arts; and 303.2 (iv) articulate informed evaluations of media art works 303.3 using selected criteria; 303.4 (4) [MUSIC.] 303.5 (i) select criteria for evaluating the performances of 303.6 original compositions or the interpretations and performances of 303.7 existing compositions; 303.8 (ii) analyze and interpret music through its historical, 303.9 cultural, or social context; 303.10 (iii) support personal reactions to performances of 303.11 original compositions or the interpretations and performances of 303.12 existing compositions using the components of music; and 303.13 (iv) articulate informed evaluations of performances of 303.14 original compositions or the interpretations and performances of 303.15 existing compositions using selected criteria; 303.16 (5) [THEATER.] 303.17 (i) select criteria for evaluating performances of original 303.18 works or the interpretation and performance of existing works in 303.19 theater; 303.20 (ii) analyze and interpret theater through its historical, 303.21 cultural, or social context; 303.22 (iii) support personal reactions to original works or the 303.23 interpretation and performance of existing works in theater 303.24 using the components of theater; and 303.25 (iv) articulate informed evaluations of original works or 303.26 the interpretation and performance of existing works in theater 303.27 using selected criteria; and 303.28 (6) [VISUAL ARTS.] 303.29 (i) select criteria for evaluating visual art works; 303.30 (ii) analyze and interpret visual art through its 303.31 historical, cultural, or social context; 303.32 (iii) support personal reactions to visual art works using 303.33 the components of visual arts; and 303.34 (iv) articulate informed evaluations of visual art works 303.35 using selected criteria. 303.36 Sec. 6. [CREATION AND PERFORMANCE - HIGH SCHOOL.] 304.1 Subdivision 1. [PURPOSE.] Use artistic processes to create 304.2 original or perform existing works of art. (Must be completed 304.3 in dance, media arts, music, theater, or visual arts. May be 304.4 completed in a different art form or in creative writing as an 304.5 elective.) 304.6 Subd. 2. [PART A.] A student shall demonstrate an 304.7 understanding of: 304.8 (1) [CREATIVE WRITING.] 304.9 (i) the integration of components of creative writing: 304.10 (A) elements, including plot, character, setting, imagery, 304.11 theme, point of view, and conflict; 304.12 (B) principles (for example, balance or repetition); 304.13 (C) vocabulary; 304.14 (D) structural forms (for example, short story, novella, or 304.15 prose poem); 304.16 (E) styles (for example, classical, romantic, or gothic); 304.17 and 304.18 (F) technical skills (for example, organization or focus); 304.19 and 304.20 (ii) the cultural, historical, or social contexts that 304.21 influence the creation of the writing; 304.22 (2) [DANCE.] 304.23 (i) the integration of components of dance: 304.24 (A) elements, including action, space, time, and energy; 304.25 (B) principles of choreography (for example, repetition, 304.26 pattern, or unity); 304.27 (C) vocabulary; 304.28 (D) choreographic structures (for example, theme and 304.29 variation); 304.30 (E) styles (for example, tap, ballet, or modern); and 304.31 (F) technical skills (for example, alignment, locomotor, or 304.32 nonlocomotor movement); and 304.33 (ii) the cultural, historical, or social contexts that 304.34 influence the creation, interpretation, or performance of dance 304.35 works; 304.36 (3) [MEDIA ARTS.] 305.1 (i) the integration of components of media arts: 305.2 (A) elements, including image, sound, space, time, motion, 305.3 and sequence; 305.4 (B) principles (for example, repetition, unity, or 305.5 contrast); 305.6 (C) vocabulary; 305.7 (D) structures (for example, chronological or spatial); 305.8 (E) styles (for example, documentary, narrative, or 305.9 abstract); and 305.10 (F) technical skills (for example, selection and use of the 305.11 tools of the medium); and 305.12 (ii) the cultural, historical, or social contexts that 305.13 influence the creation of media arts; 305.14 (4) [MUSIC.] 305.15 (i) the integration of components of music: 305.16 (A) elements, including melody, rhythm, harmony, dynamics, 305.17 tone color, texture, and form; 305.18 (B) vocabulary; 305.19 (C) styles (for example, blues, jazz, or opera); 305.20 (D) structures (for example, ABA); and 305.21 (E) technical skills (for example, singing or playing 305.22 instruments); and 305.23 (ii) the cultural, historical, or social contexts that 305.24 influence the creation, interpretation, or performance of music; 305.25 (5) [THEATER.] 305.26 (i) the integration of components of theater: 305.27 (A) elements, including plot, theme, character, language, 305.28 sound, and spectacle; 305.29 (B) forms (for example, tragedy, comedy, farce, or 305.30 melodrama); 305.31 (C) vocabulary; 305.32 (D) styles (for example, romantic or classical); 305.33 (E) structures (for example, chronological or nonlinear); 305.34 and 305.35 (F) technical skills (for example, scenery or prop design); 305.36 and 306.1 (ii) the cultural, historical, or social contexts that 306.2 influence creation, interpretation, or performance in theater; 306.3 and 306.4 (6) [VISUAL ARTS.] 306.5 (i) the integration of components of visual arts: 306.6 (A) elements, including color, line, shape, form, texture, 306.7 and space; 306.8 (B) principles (for example, repetition, contrast, or 306.9 balance); 306.10 (C) vocabulary; 306.11 (D) styles (for example, abstract or impressionist); 306.12 (E) structures (for example, two dimensional or three 306.13 dimensional); and 306.14 (F) technical skills (for example, selecting and using 306.15 tools and techniques of the medium); and 306.16 (ii) the cultural, historical, or social contexts that 306.17 influence creation of visual art. 306.18 Subd. 3. [PART B.] A student shall demonstrate the ability 306.19 to: 306.20 (1) [CREATIVE WRITING.] 306.21 (i) use artistic processes to create a single, complex work 306.22 or multiple works in creative writing; 306.23 (ii) generate and clarify artistic intent for writing; 306.24 (iii) make decisions based on artistic intent; 306.25 (iv) make choices based on analysis of audience and 306.26 occasion for writing; and 306.27 (v) revise writing using multiple sources of critique and 306.28 feedback; 306.29 (2) [DANCE.] 306.30 (i) use artistic processes to create an original or perform 306.31 an existing single, complex work or multiple works in dance; 306.32 (ii) use improvisation to generate original ideas for work 306.33 in dance; 306.34 (iii) make decisions based on artistic intent; 306.35 (iv) make choices based on analysis of audience and 306.36 occasion for dance; and 307.1 (v) revise dance using multiple sources of critique and 307.2 feedback; 307.3 (3) [MEDIA ARTS.] 307.4 (i) use artistic processes to create a single, complex work 307.5 or multiple works in media arts; 307.6 (ii) generate and clarify artistic intent for work in media 307.7 arts; 307.8 (iii) make decisions based on artistic intent; 307.9 (iv) make choices based on analysis of audience and 307.10 occasion for media art work; and 307.11 (v) revise media art work using multiple sources of 307.12 critique and feedback; 307.13 (4) [MUSIC.] 307.14 (i) use artistic processes to create an original or perform 307.15 an existing single, complex work or multiple works in music; 307.16 (ii) use improvisation to generate original ideas for music 307.17 composition or performance; 307.18 (iii) make decisions based on artistic intent; 307.19 (iv) make choices based on analysis of audience and 307.20 occasion for music composition, interpretation, or performance; 307.21 and 307.22 (v) revise music composition, interpretation, or 307.23 performance using multiple sources of critique and feedback; 307.24 (5) [THEATER.] 307.25 (i) use artistic processes to create an original or perform 307.26 an existing single, complex work or multiple works in theater; 307.27 (ii) use improvisation to generate original ideas for 307.28 theater work; 307.29 (iii) make decisions based on artistic intent; 307.30 (iv) make choices based on analysis of audience and 307.31 occasion for theater work; and 307.32 (v) revise original creation or interpretation and 307.33 performance of existing work in theater using multiple sources 307.34 of critique and feedback; and 307.35 (6) [VISUAL ARTS.] 307.36 (i) use artistic processes to create a single, complex work 308.1 or multiple works in visual arts; 308.2 (ii) generate and clarify artistic intent for work in 308.3 visual art; 308.4 (iii) make decisions based on artistic intent; 308.5 (iv) make choices based on analysis of audience and 308.6 occasion for work in visual art; and 308.7 (v) revise visual art work using multiple sources of 308.8 critique and feedback. 308.9 ARTICLE 21 308.10 ECONOMICS, TECHNOLOGY, AND SYSTEMS MANAGEMENT 308.11 Section 1. [INTRODUCTION TO TECHNOLOGY - PRIMARY.] 308.12 Subdivision 1. [PURPOSE.] Exposure to the basic concepts 308.13 of the technological world. 308.14 Subd. 2. [PART A.] A student shall demonstrate an 308.15 understanding of: 308.16 (1) technological world: 308.17 (i) a definition of technology; 308.18 (ii) the application of a variety of technologies in, for 308.19 example, buildings, bicycles, or telephones; 308.20 (iii) differences between natural and human-made worlds; 308.21 (iv) how needs and wants encourage the development of 308.22 technology; 308.23 (v) how technology can supply more than one solution to a 308.24 problem; and 308.25 (vi) the interrelationship between basic technological 308.26 systems and the interdependence of primary parts within a single 308.27 system (for example, a bicycle is part of a transportation 308.28 system and is made up of several subsystems such as steering, 308.29 braking, and power); and 308.30 (2) computer applications: appropriate computer technology 308.31 to access information and produce products. 308.32 Subd. 3. [PART B.] A student shall demonstrate the ability 308.33 to: 308.34 (1) technological world: 308.35 (i) document positive and negative effects of the use of a 308.36 technology from a social and environmental perspective; 309.1 (ii) develop designs or invent solutions to address human 309.2 needs and wants; 309.3 (iii) construct a model of a solution using a design 309.4 process; 309.5 (iv) use tools, materials and equipment to explore medical 309.6 technologies, agricultural and related biotechnologies, energy 309.7 and power technologies, information and communication 309.8 technologies, transportation technologies, manufacturing 309.9 technologies, or construction technologies; and 309.10 (v) explore and demonstrate how the parts of a specific 309.11 technological system work; and 309.12 (2) computer applications: 309.13 (i) identify and use the basic parts of a computer system; 309.14 (ii) gather information from electronic sources; and 309.15 (iii) use software applications to produce products, 309.16 including text and graphics appropriate for the purpose and 309.17 audience. 309.18 Sec. 2. [TECHNOLOGY SKILLS - INTERMEDIATE.] 309.19 Subdivision 1. [PURPOSE.] Explore and apply technologies. 309.20 Subd. 2. [PART A.] A student shall demonstrate an 309.21 understanding of: 309.22 (1) technological world: 309.23 (i) core technology concepts, including systems, resources, 309.24 requirements, and processes; 309.25 (ii) the interrelationship between systems and subsystems 309.26 in technology (for example, a television as part of a 309.27 communication system); 309.28 (iii) parameters, including costs, materials, safety, and 309.29 size constraints that must be considered in design; and 309.30 (iv) the design process, including needs identification, 309.31 task definition, information-seeking strategies, use of 309.32 information, synthesis, and evaluation; and 309.33 (2) computer applications: appropriate computer technology 309.34 to access, evaluate, and organize information to complete 309.35 products. 309.36 Subd. 3. [PART B.] A student shall demonstrate the ability 310.1 to: 310.2 (1) technological world: 310.3 (i) investigate and explain how technology has altered 310.4 peoples' perceptions of the world; 310.5 (ii) identify connections between human wants and needs and 310.6 technological developments; 310.7 (iii) troubleshoot in order to determine why something does 310.8 not work; 310.9 (iv) follow step-by-step directions to safely assemble or 310.10 create a product; 310.11 (v) correctly select and use tools; 310.12 (vi) analyze a technical device in order to identify the 310.13 system and subsystems; 310.14 (vii) apply the design process to model, test, evaluate, 310.15 and modify a design solution; and 310.16 (viii) use multiple technologies to design a solution to a 310.17 problem in a technology cluster, including medical technologies, 310.18 agricultural and related biotechnologies, energy and power 310.19 technologies, information and communication technologies, 310.20 transportation technologies, manufacturing technologies, or 310.21 construction technologies; and 310.22 (2) computer applications: 310.23 (i) gather, evaluate, and organize information from 310.24 electronic sources; 310.25 (ii) use software applications and peripheral devices to 310.26 complete a project by selecting language, format and graphics, 310.27 appropriate for the purpose and audience; 310.28 (iii) select and appropriately use input devices/sources 310.29 (for example, keyboard, voice recognition software, or 310.30 electronic tablets to enter data); and 310.31 (iv) select and appropriately use output devices (for 310.32 example, monitors, printers, audio out and projectors) to 310.33 communicate information to an audience. 310.34 Sec. 3. [GROUP RESOURCES - MIDDLE.] 310.35 Subdivision 1. [PURPOSE.] Manage resources as a team to 310.36 produce a product or service. 311.1 Subd. 2. [PART A.] A student shall demonstrate an 311.2 understanding of: 311.3 (1) basic principles of teamwork, including communication 311.4 skills, conflict resolution, and problem solving; 311.5 (2) background information concerning the product or 311.6 service to be produced; 311.7 (3) basic design principles, technologies, materials, and 311.8 processing of materials; and 311.9 (4) how to manage resources as a team to produce a product 311.10 or service, including human, material, and environmental. 311.11 Subd. 3. [PART B.] A student shall demonstrate the ability 311.12 to: 311.13 (1) identify a product or service to be produced as a team; 311.14 (2) recognize and utilize each team member's skills and 311.15 strengths; 311.16 (3) create a plan for the design of the product or service 311.17 and determine the resources and technologies needed to execute, 311.18 review, and revise the plan based on available resources; 311.19 (4) produce a model of a proposed product or service; 311.20 (5) conduct a market survey of a proposed product or 311.21 service; 311.22 (6) evaluate and test a proposed product or service to 311.23 determine the viability of the product (for example, 311.24 cost-effectiveness of producing the product or service); 311.25 (7) produce the product or service using appropriate 311.26 technology; and 311.27 (8) evaluate the effectiveness of a team in managing human 311.28 and nonhuman resources. 311.29 Sec. 4. [TECHNOLOGY APPLICATIONS - MIDDLE.] 311.30 Subdivision 1. [PURPOSE.] Participate in the development 311.31 or creation of a technological product. 311.32 Subd. 2. [PART A.] A student shall demonstrate 311.33 understanding of: 311.34 (1) technological world: 311.35 (i) the usefulness of technology in everyday situations; 311.36 (ii) core concepts of technology, including systems, 312.1 resources, requirements, optimization and trade-offs, processes, 312.2 and controls; 312.3 (iii) the positive and negative impact of technology on 312.4 society and the impact society has on the development of 312.5 technology; 312.6 (iv) the positive and negative impact that technological 312.7 development has on the environment and the impact the 312.8 environment has on the development of technology; 312.9 (v) the role of design in developing useful products and 312.10 systems; and 312.11 (vi) how technology has changed the designed world, 312.12 including medical technologies, agricultural and related 312.13 biotechnologies, energy and power technologies, information and 312.14 communication technologies, transportation technologies, 312.15 manufacturing technologies, or construction technologies; and 312.16 (2) computer applications: identify the types of 312.17 application software and explain their purpose or use. 312.18 Subd. 3. [PART B.] A student shall demonstrate the ability 312.19 to: 312.20 (1) technological world: 312.21 (i) create or adapt a design for a useful product or 312.22 system; 312.23 (ii) prepare a design model for testing, evaluation, and 312.24 modification of a product or system; 312.25 (iii) identify the criteria, constraints, and resources 312.26 necessary to produce a product or system; 312.27 (iv) develop the procedures for producing a product or 312.28 system, including automation, tooling, safety, and quality 312.29 controls; 312.30 (v) produce a product or system using appropriate 312.31 technologies; 312.32 (vi) evaluate the impact of the designed product or system 312.33 on society and the environment; and 312.34 (vii) identify the interrelationship of the designed 312.35 product or system to other systems or subsystems; and 312.36 (2) computer applications: 313.1 (i) select application software types appropriate for 313.2 specific tasks; 313.3 (ii) select and apply the feature of software products (for 313.4 example, galleries, templates, and macros); and 313.5 (iii) use software applications, including word processing, 313.6 multimedia, spreadsheets, and databases to produce products by 313.7 selecting language, format, and graphics appropriate for the 313.8 purpose and audience. 313.9 Sec. 5. [PERSONAL AND CONSUMER LITERACY - MIDDLE.] 313.10 Subdivision 1. [PURPOSE.] Understand the impact of various 313.11 purchases and effectively manage personal and financial 313.12 resources. 313.13 Subd. 2. [PART A.] A student shall demonstrate an 313.14 understanding of: 313.15 (1) the relationship between managing personal and 313.16 financial resources and meeting goals or solving problems; 313.17 (2) personal financial and nonfinancial resources, 313.18 including time, money, energy, and skills; 313.19 (3) factors that affect consumer decisions, including 313.20 consumer rights and responsibilities, external influences, and 313.21 the impact of purchases on household and local communities; and 313.22 (4) the community and global impact of consumer decisions. 313.23 Subd. 3. [PART B.] A student shall demonstrate the ability 313.24 to: 313.25 (1) implement a decision-making process in authentic 313.26 personal and consumer situations to reach a goal or solve a 313.27 problem, process, including, but not limited to: 313.28 (i) identifying an issue; 313.29 (ii) identifying financial and nonfinancial resources 313.30 relevant to the goal or problem; 313.31 (iii) generating options or solutions; 313.32 (iv) identifying consequences of each option or solution; 313.33 (v) creating an action plan; and 313.34 (vi) evaluating the plan; 313.35 (2) examine personal and household spending habits over a 313.36 period of time; 314.1 (3) differentiate between wants and needs as they relate to 314.2 available financial and nonfinancial resources and the impact 314.3 they have on a total household budget; 314.4 (4) access information concerning consumer products; 314.5 (5) evaluate the quality of products or services; 314.6 (6) describe how purchases affect the environment and local 314.7 community, including waste disposal, recycling, and limited 314.8 resources; 314.9 (7) modify and implement the action plan; and 314.10 (8) evaluate the effectiveness of the plan. 314.11 Sec. 6. [NATURAL AND MANAGED SYSTEMS - HIGH SCHOOL.] 314.12 Subdivision 1. [PURPOSE.] Investigate the interaction and 314.13 interdependence of natural and managed systems. 314.14 Subd. 2. [PART A.] A student shall demonstrate an 314.15 understanding of: 314.16 (1) natural systems, including human impact on the 314.17 ecosystems and environmental changes; 314.18 (2) human managed systems, including micro and macro 314.19 systems as they relate to bioengineering; 314.20 (3) resource utilization within a system, including land, 314.21 capital, and human resources; 314.22 (4) economic value of local system as it relates to the 314.23 surrounding systems; and 314.24 (5) environmental impact of a system as it relates to the 314.25 local ecosystems. 314.26 Subd. 3. [PART B.] A student shall demonstrate the ability 314.27 to: 314.28 (1) identify and explain the nature and scope of a natural 314.29 and managed system; 314.30 (2) develop a resource management plan involving natural 314.31 and managed systems; 314.32 (3) gather and synthesize the data necessary to properly: 314.33 (i) evaluate the environmental impact of a human managed 314.34 system; 314.35 (ii) identify the interactive and interdependent 314.36 relationship between natural and managed systems; 315.1 (iii) prepare an environmental impact statement; 315.2 (iv) analyze economic impact of a plan; and 315.3 (v) identify alternative actions and relevant historical 315.4 perspectives; 315.5 (4) evaluate the interaction and interdependence of natural 315.6 ecosystems and human managed systems detailing important system 315.7 characteristic, including biological, physical, and human 315.8 characteristics; and 315.9 (5) communicate the resource management plan involving 315.10 natural and managed systems to a jury of peers by simulating a 315.11 public hearing and defending an evaluation of the proposed 315.12 system. 315.13 Sec. 7. [PERSONAL AND FAMILY FINANCIAL MANAGEMENT AND 315.14 INVESTMENT - HIGH SCHOOL.] 315.15 Subdivision 1. [PURPOSE.] Apply principles of personal and 315.16 family resource management through informed decision making and 315.17 use of appropriate technology. 315.18 Subd. 2. [PART A.] A student shall demonstrate an 315.19 understanding of: 315.20 (1) how consumer knowledge of the product, product 315.21 standards, evaluation, and comparisons are combined to create 315.22 informed consumer buying practices; 315.23 (2) options, issues, and requirements related to meeting 315.24 individual and family housing needs; 315.25 (3) terminology used in private and public agencies, 315.26 including, but not limited to, banking, investing, insurance, 315.27 taxes, employment, and unemployment; 315.28 (4) how financial and nonfinancial resources are managed by 315.29 an individual or family unit, including budgeting, spending, 315.30 saving, insurance, and investing; 315.31 (5) how consumer decisions are affected by external 315.32 influences (for example, media, peers, and technology); and 315.33 (6) how individuals and families make informed financial 315.34 decisions and the impact of those decisions on the local, 315.35 national, and global economy and environment. 315.36 Subd. 3. [PART B.] A student shall demonstrate the ability 316.1 to: 316.2 (1) create a plan to make a major purchase by using 316.3 consumer knowledge, product standards, and comparisons; 316.4 (2) create and analyze a household budget and explain how 316.5 financial decisions affect the budget; 316.6 (3) prepare and explain personal federal and state income 316.7 tax forms; 316.8 (4) simulate and explain the process of acquiring housing; 316.9 (5) apply a decision-making process to compare, contrast, 316.10 and analyze options for banking, credit, insurance, and 316.11 investing; 316.12 (6) determine and apply appropriate technology (for 316.13 example, financial software, spreadsheets, Web shopping, 316.14 electronic banking, and Internet tools for investments) to 316.15 personal and family financial and investment situations; and 316.16 (7) explain and analyze the interrelated effect of the 316.17 environmental and economic outcomes that are associated with 316.18 consumer purchases. 316.19 Sec. 8. [BUSINESS MANAGEMENT - HIGH SCHOOL.] 316.20 Subdivision 1. [PURPOSE.] Apply the fundamentals of 316.21 business management through informed decision making. 316.22 Subd. 2. [PART A.] A student shall demonstrate an 316.23 understanding of: 316.24 (1) business management fundamentals, including planning, 316.25 organizing, leading/directing, evaluating/controlling, human 316.26 resources, and communication; 316.27 (2) management theories and procedures and their 316.28 applications in the business environment, including banking 316.29 services and forms of business organization; and 316.30 (3) financial data in order to make short-term and 316.31 long-term decisions, including interpreting the data shown on 316.32 financial statements, risk management, and short-term and 316.33 long-term financing. 316.34 Subd. 3. [PART B.] A student shall demonstrate the ability 316.35 to: 316.36 (1) apply personal management skills (for example, resource 317.1 management, stress management, professional growth and 317.2 development, communication skills, or relationship building) to 317.3 function effectively and efficiently in a business environment; 317.4 (2) evaluate a business code of ethics and identify the 317.5 source of regulations that have resulted from unethical business 317.6 practices; 317.7 (3) analyze human resource functions (for example, 317.8 recruitment and selection, employee development, employee 317.9 evaluation, compensation, promotion benefits and incentives, 317.10 separation and transition, labor relations, or work-related laws) 317.11 and their importance to an organization's successful operation; 317.12 (4) utilize information and technology tools to conduct 317.13 business effectively and efficiently (for example, select 317.14 appropriate technology tools for specific business applications, 317.15 information management, marketing, organizational or 317.16 environmental costs, and analyzing the impact of an e-business 317.17 on profitability); and 317.18 (5) use service strategies to address customer needs. 317.19 Sec. 9. [FINANCIAL SYSTEMS - HIGH SCHOOL.] 317.20 Subdivision 1. [PURPOSE.] Analyze and apply financial 317.21 systems, information, and basic accounting principles. 317.22 Subd. 2. [PART A.] A student shall demonstrate an 317.23 understanding of: 317.24 (1) basic accounting principles related to the accounting 317.25 cycle; 317.26 (2) the accounting process, including assets, liabilities, 317.27 and owner's equity; 317.28 (3) financial systems related to accounting, including 317.29 finance, investment, and real estate; and 317.30 (4) decision making related to financial systems. 317.31 Subd. 3. [PART B.] A student shall demonstrate the ability 317.32 to: 317.33 (1) apply generally accepted accounting principles to 317.34 determine the value of assets, liabilities, and owner's equity; 317.35 (2) prepare, interpret, and analyze financial statements 317.36 using manual and computerized systems, including ratio analysis, 318.1 comparative statements analysis, cost analysis, and trend 318.2 analysis; 318.3 (3) apply appropriate accounting principles to payroll, 318.4 income taxation, managerial systems, and various forms of 318.5 ownership; 318.6 (4) create a report based on information obtained from data 318.7 analysis, including selecting, interpreting and displaying data, 318.8 and analyzing the effectiveness of past financial actions; and 318.9 (5) recommend course of action based on conclusions of data 318.10 analysis using data to drive decision-making strategies. 318.11 Sec. 10. [TECHNICAL SYSTEMS - HIGH SCHOOL.] 318.12 Subdivision 1. [PURPOSE.] Develop expertise in the design, 318.13 diagnosis, and operation of technical systems to solve problems 318.14 and extend human capabilities. 318.15 Subd. 2. [PART A.] A student shall demonstrate an 318.16 understanding of: 318.17 (1) the nature of technical systems, including the 318.18 characteristics, scope, and core concepts of technology and the 318.19 role technology plays within other fields; 318.20 (2) social, cultural, environmental, economic, and 318.21 political effects on technology; 318.22 (3) the impacts of technology on society, culture, 318.23 environment, economics, and politics; 318.24 (4) design principles, invention, and innovation; and 318.25 (5) the engineering systems model, including inputs, 318.26 processes, outputs, and feedback. 318.27 Subd. 3. [PART B.] A student shall demonstrate the ability 318.28 to: 318.29 (1) select a specific technology cluster, including medical 318.30 technologies, agricultural and related biotechnologies, energy 318.31 and power technologies, information and communication 318.32 technologies, transportation technologies, manufacturing 318.33 technologies, or construction technologies and apply the 318.34 engineering design process to: 318.35 (i) propose a new or modified technological product, 318.36 service, or system; 319.1 (ii) build, test, and evaluate a prototype or model of the 319.2 technological product, service, or system; 319.3 (iii) identify the resources, requirements, optimizations 319.4 and trade-offs, processes, and controls of the chosen 319.5 technological system; 319.6 (iv) investigate and analyze the inputs, processes, 319.7 outputs, and feedback of the specific technological system; and 319.8 (v) evaluate the relationship between the technological 319.9 system and the environment and analyze other positive and 319.10 negative effects of the system; and 319.11 (2) analyze the relationship of macro and micro 319.12 technological systems. 319.13 Sec. 11. [ECONOMIC SYSTEMS - HIGH SCHOOL.] 319.14 Subdivision 1. [PURPOSE.] Understand how individuals, 319.15 households, businesses, and governments use scarce resources to 319.16 satisfy unlimited wants and needs. 319.17 Subd. 2. [PART A.] A student shall demonstrate an 319.18 understanding of: 319.19 (1) the fundamental concepts of economics, including 319.20 scarcity, opportunity cost, supply and demand, markets, economic 319.21 growth, fiscal policy, monetary policy, and trade; 319.22 (2) how individuals, households, businesses, and 319.23 governments allocate scarce resources to satisfy unlimited wants 319.24 and needs; 319.25 (3) global, national, and local economic systems and how 319.26 they interact; and 319.27 (4) the impact of government decisions on economic systems. 319.28 Subd. 3. [PART B.] A student shall demonstrate the ability 319.29 to: 319.30 (1) apply economic concepts to a public issue; 319.31 (2) analyze how changes in the economy affect individuals, 319.32 households, business, government, and the environment; and 319.33 (3) compare how decisions are made in different economic 319.34 systems regarding what will be produced, how it will be 319.35 produced, and for whom it will be produced. 319.36 ARTICLE 22 320.1 OPTIONAL: HEALTH, PHYSICAL EDUCATION, AND CAREER AWARENESS 320.2 Section 1. [PERSONAL HEALTH AND FITNESS - PRIMARY.] 320.3 Subdivision 1. [PURPOSE.] Understand and participate in 320.4 activities that promote personal health, personal fitness, motor 320.5 skills development, and develop an awareness of self and the 320.6 world around them. 320.7 Subd. 2. [PART A.] A student shall demonstrate an 320.8 understanding of: 320.9 (1) health: 320.10 (i) the relationship between personal behaviors and health 320.11 promotion and disease prevention; 320.12 (ii) basic health and personal hygiene practices; 320.13 (iii) the essential concepts of nutrition and diet; 320.14 (iv) safety rules and practices in home, school, or 320.15 community (for example, bus, bicycle, fire, playground, car, or 320.16 stranger safety); 320.17 (v) self-awareness and interpersonal relationships; 320.18 (vi) helpful and harmful substance; and 320.19 (vii) structures and functions of body systems; 320.20 (2) physical education and fitness; 320.21 (i) at least one activity associated with each component of 320.22 health-related physical fitness (for example, cardiovascular 320.23 fitness - jogging; muscular strength - push-ups; muscular 320.24 endurance - curl-ups; and flexibility - stretching); 320.25 (ii) changes that occur in the body during vigorous 320.26 physical activity (for example, sweating, increased heart rate, 320.27 and heavy breathing); and 320.28 (iii) safety principles in activity situations; and 320.29 (3) self-awareness; 320.30 (i) a sense of self and others; 320.31 (ii) the concept of goal setting, including defining and 320.32 identifying goals; 320.33 (iii) how a step-by-step process relates to making choices; 320.34 and 320.35 (iv) requirements needed to perform daily tasks. 320.36 Subd. 3. [PART B.] A student shall demonstrate the ability 321.1 to: 321.2 (1) health: 321.3 (i) apply a decision-making process to health issues and 321.4 problems; 321.5 (ii) practice and maintain good personal hygiene to enhance 321.6 health; 321.7 (iii) select foods to maintain good nutrition; 321.8 (iv) recognize emergencies and respond appropriately; 321.9 (v) identify and respond to feelings in appropriate ways; 321.10 and 321.11 (vi) use refusal skills to enhance health; 321.12 (2) physical education and fitness: 321.13 (i) work to improve health-enhancing fitness; 321.14 (ii) participate in an established fitness program; 321.15 (iii) use mature locomotor movements (for example, hopping, 321.16 skipping, galloping, sliding, running, leaping, jumping, or 321.17 walking); 321.18 (iv) use nonlocomotor skills (for example, balancing on a 321.19 variety of body parts, bending, stretching, twisting, swinging, 321.20 swaying, flexing, or extending); 321.21 (v) work cooperatively with another to complete an assigned 321.22 task; 321.23 (vi) apply rules, procedures, and safety practices with 321.24 little or no reinforcement; and 321.25 (vii) combine locomotor, nonlocomotor, and manipulative 321.26 skills in patterns/sequences; and 321.27 (3) self-awareness: 321.28 (i) explore an awareness of one's self, relate 321.29 appropriately to others, and explore roles in a changing world; 321.30 and 321.31 (ii) explore how tasks can be accomplished if broken down 321.32 into small manageable steps and accomplished one step at a time. 321.33 Sec. 2. [PERSONAL HEALTH - INTERMEDIATE.] 321.34 Subdivision 1. [PURPOSE.] Use a decision-making model in 321.35 daily life to promote personal health. 321.36 Subd. 2. [PART A.] A student shall demonstrate an 322.1 understanding of: 322.2 (1) the signs of abusive and harassing behaviors; 322.3 (2) the effects of using drugs, alcohol, and tobacco; 322.4 (3) strategies to prevent the spread of communicable 322.5 diseases; 322.6 (4) common safety hazards and their prevention at school, 322.7 home, or in the community; 322.8 (5) proper nutrition and healthy eating; 322.9 (6) interpersonal communication skills (for example, 322.10 listening skills, refusal skills, "I" messages, and conflict 322.11 resolution); and 322.12 (7) basic body systems and growth and development of the 322.13 human body. 322.14 Subd. 3. [PART B.] A student shall demonstrate the ability 322.15 to: 322.16 (1) promote healthy behaviors (for example, nutrition, 322.17 communication skills, community safety, recreation, sleep, and 322.18 rest); 322.19 (2) prevent or reduce the risk of unhealthy situations (for 322.20 example, accidents, diseases, violence, abuse, harassment, 322.21 drugs, alcohol, and tobacco); 322.22 (3) analyze and select foods that contribute to a healthy 322.23 diet; 322.24 (4) demonstrate what to do in case of illness or injury; 322.25 (5) analyze issues of safety at school, home, or in the 322.26 community; and 322.27 (6) recognize situations in daily life which require 322.28 healthy decisions and apply a decision-making model. 322.29 Sec. 3. [PHYSICAL EDUCATION AND FITNESS - INTERMEDIATE.] 322.30 Subdivision 1. [PURPOSE.] Understand and participate in 322.31 physical activities that develop motor skills and physical 322.32 fitness. 322.33 Subd. 2. [PART A.] A student shall demonstrate an 322.34 understanding of: 322.35 (1) components of fitness, including cardiovascular 322.36 fitness, muscular endurance, muscular strength, and flexibility; 323.1 (2) components of various physical education activities, 323.2 including: 323.3 (i) rules; 323.4 (ii) skills; 323.5 (iii) strategies; 323.6 (iv) etiquette; 323.7 (v) procedures; and 323.8 (vi) safety practices; and 323.9 (3) stages of physical activity, including warm-up, 323.10 workout, and cooldown. 323.11 Subd. 3. [PART B.] A student shall demonstrate the ability 323.12 to: 323.13 (1) plan and participate in a fitness program (for example, 323.14 fitness fever or teacher-facilitated plan); 323.15 (2) show evidence of health-enhancing physical fitness (for 323.16 example, activity-level inventory, any state or national fitness 323.17 assessment, log, or journal); 323.18 (3) combine mature forms of basic manipulative, locomotor, 323.19 and nonlocomotor skills in activity situations (for example, 323.20 dribbles and passes a basketball to a moving receiver); and 323.21 (4) apply rules, procedures, and etiquette that are safe 323.22 and effective for specific activity situations. 323.23 Sec. 4. [CAREER AWARENESS - INTERMEDIATE.] 323.24 Subdivision 1. [PURPOSE.] Create an awareness of a variety 323.25 of career opportunities. Explore goal setting and a 323.26 decision-making process as they relate to future choices. 323.27 Subd. 2. [PART A.] A student shall demonstrate an 323.28 understanding of: 323.29 (1) career fields and occupations within these fields, 323.30 including agriculture and natural resources; arts, humanities, 323.31 and communications; business, management, and administration; 323.32 engineering, manufacturing, and technologies; health services; 323.33 and human services; 323.34 (2) how to define and set short- and long-term goals; 323.35 (3) the connection between a person's choices and 323.36 consequences and how they affect the world around them; and 324.1 (4) the steps of a decision-making process and the 324.2 importance of setting and achieving goals. 324.3 Subd. 3. [PART B.] A student shall demonstrate the ability 324.4 to: 324.5 (1) identify areas of personal interests, aptitudes, and 324.6 abilities; 324.7 (2) explore how academic achievement and involvement in 324.8 extra-curricular, leisure, family, and community activities 324.9 reflect personal interests, aptitudes and abilities, and affect 324.10 future possibilities; 324.11 (3) practice social skills and appropriate self-management 324.12 techniques; 324.13 (4) explore a variety of traditional and nontraditional 324.14 careers utilizing community resources; and 324.15 (5) apply a decision-making process as it relates to goal 324.16 setting for future possibilities. 324.17 Sec. 5. [PERSONAL HEALTH AND NUTRITION - MIDDLE.] 324.18 Subdivision 1. [PURPOSE.] Make informed decisions based on 324.19 valid information to promote personal health and nutrition. 324.20 Subd. 2. [PART A.] A student shall demonstrate an 324.21 understanding of: 324.22 (1) the impact of nutrition, including food selection, 324.23 safety, eating and eating patterns, on health; 324.24 (2) the consequences of using tobacco, alcohol, and drugs; 324.25 (3) strategies for preventing accidents; 324.26 (4) what to do in case of sudden illness or injury; 324.27 (5) the health-related impact of environmental hazards; 324.28 (6) signs and symptoms of health problems that affect 324.29 adolescents physically, socially, and mentally; 324.30 (7) sexual responsibility and the characteristics of 324.31 healthy relationships; 324.32 (8) strategies for preventing: 324.33 (i) communicable diseases; 324.34 (ii) HIV and sexually transmitted infections; and 324.35 (iii) unintended pregnancy; 324.36 (9) how health is influenced by the interaction of body 325.1 systems; 325.2 (10) where valid health information can be located at home, 325.3 school, or in the community; and 325.4 (11) the interrelationship of physical, mental, and social 325.5 health during adolescence. 325.6 Subd. 3. [PART B.] A student shall demonstrate the ability 325.7 to: 325.8 (1) recognize and respond to abusive or harassing 325.9 behaviors; 325.10 (2) apply a decision-making process relative to health 325.11 issues: 325.12 (i) in light of personal goals; 325.13 (ii) analyze internal and external influences on 325.14 health-related decisions (for example, interests, 325.15 likes/dislikes, self-esteem, risks, curiosity, 325.16 communication/media, parents, peers, ethnicity, technology, 325.17 society, and geography); 325.18 (iii) consider valid health information and resources; and 325.19 (iv) consider the impact on health promotion and disease 325.20 prevention; 325.21 (3) express needs and communicate effectively to enhance 325.22 health, including refusal skills, negotiation skills, and 325.23 conflict resolution skills; 325.24 (4) use strategies to manage stress; 325.25 (5) create and implement a nutritional health plan that 325.26 includes: 325.27 (i) dietary recommendations with respect to personal needs, 325.28 including age, gender, and activity level for a specific person; 325.29 and 325.30 (ii) menus for a specified period of time; and 325.31 (6) demonstrate and analyze food preparation and safety 325.32 skills. 325.33 Sec. 6. [PHYSICAL EDUCATION AND FITNESS - MIDDLE.] 325.34 Subdivision 1. [PURPOSE.] Understand fitness planning, 325.35 apply a decision-making process to achieve physical fitness, and 325.36 participate in physical activities to develop motor skills. 326.1 Subd. 2. [PART A.] A student shall demonstrate an 326.2 understanding of: 326.3 (1) the benefits of daily participation in physical 326.4 activities (for example, physical, mental, emotional, and social 326.5 benefits); 326.6 (2) the components of fitness planning: 326.7 (i) assessment, including cardiovascular fitness, muscular 326.8 endurance, muscular strength, and flexibility; 326.9 (ii) goal setting; 326.10 (iii) implementation of FITT strategies, including 326.11 frequency, intensity, time, and type of activities; 326.12 (iv) reassessment, including cardiovascular fitness, 326.13 muscular endurance, muscular strength, and flexibility; 326.14 (v) analysis of progress; and 326.15 (vi) evaluation of the proposed plan; 326.16 (3) critical elements of movement skills (for example, 326.17 overhand throw, backswing, force phase, follow through); 326.18 (4) rules, skills, strategies, and etiquette required for 326.19 three or more of the following: 326.20 (i) individual activities; 326.21 (ii) dual activities; 326.22 (iii) team activities; 326.23 (iv) dance/rhythmic activities; or 326.24 (v) outdoor activities; and 326.25 (5) the benefits and role of rules, procedures, safe 326.26 practice, ethical behavior, and positive social interaction in 326.27 physical activity settings. 326.28 Subd. 3. [PART B.] A student shall demonstrate the ability 326.29 to: 326.30 (1) design and implement a fitness plan (for example, 326.31 logging, journaling, making diary notes, charts, spreadsheets, 326.32 or graphs); 326.33 (2) participate in health-enhancing physical fitness 326.34 activities, including those that develop and maintain: 326.35 (i) cardiovascular fitness; 326.36 (ii) muscular endurance; 327.1 (iii) muscular strength; and 327.2 (iv) flexibility; 327.3 (3) analyze the effectiveness of the plan by comparing the 327.4 preplan and postplan fitness levels; 327.5 (4) perform competently in a variety of movements, 327.6 including three of the following: 327.7 (i) individual activities; 327.8 (ii) dual activities; 327.9 (iii) team activities; 327.10 (iv) dance/rhythmic activities; or 327.11 (v) outdoor activities; and 327.12 (5) reflect on the benefits and role of rules, procedures, 327.13 safe practice, ethical behavior, and positive social interaction 327.14 in physical activity settings. 327.15 Sec. 7. [CAREER EXPLORATION - MIDDLE.] 327.16 Subdivision 1. [PURPOSE.] Explore career options to make 327.17 informed decisions concerning future possibilities. 327.18 Subd. 2. [PART A.] A student shall demonstrate an 327.19 understanding of: 327.20 (1) a variety of occupations within career fields and 327.21 employment trends and career data for those occupations; 327.22 (2) how interests, attributes, aptitudes, and academic 327.23 achievement relate to different occupations and careers and how 327.24 they relate to personal career choices; 327.25 (3) job readiness skills and their importance in the work 327.26 place; and 327.27 (4) career and education options to make informed decisions 327.28 for future life choices. 327.29 Subd. 3. [PART B.] A student shall demonstrate the ability 327.30 to: 327.31 (1) determine personal interests, aptitudes, and abilities; 327.32 (2) research, compare and contrast, and evaluate 327.33 information on a variety of traditional and nontraditional 327.34 careers and how they relate to their interests, aptitudes, and 327.35 abilities; 327.36 (3) investigate a career through authentic situations (for 328.1 example, job shadowing, interviewing, volunteering, or community 328.2 service); 328.3 (4) apply a decision-making process to career choices based 328.4 on the relationship among educational options, employment 328.5 trends, and academic achievement; 328.6 (5) create a portfolio, including an educational plan, 328.7 interest inventories, letters of recommendation, and documented 328.8 experiences; and 328.9 (6) describe how career choices affect personal, family, 328.10 and community life. 328.11 Sec. 8. [INDIVIDUAL AND COMMUNITY HEALTH - HIGH SCHOOL.] 328.12 Subdivision 1. [PURPOSE.] Make informed decisions based on 328.13 accurate information in order to promote individual and 328.14 community health. 328.15 Subd. 2. [PART A.] A student shall demonstrate an 328.16 understanding of: 328.17 (1) Individual behaviors and community health practices 328.18 that: 328.19 (i) promote healthful nutrition and dietary practices; 328.20 (ii) promote physical fitness; 328.21 (iii) promote mental and emotional health; 328.22 (iv) prevent tobacco use; 328.23 (v) prevent drug and alcohol use; 328.24 (vi) prevent intentional and unintentional injuries; 328.25 (vii) prevent HIV and sexually transmitted diseases; and 328.26 (viii) prevent unintentional pregnancies; 328.27 (2) how to advocate for personal, family, and community 328.28 health; 328.29 (3) how to identify health products, services, and 328.30 information that reduce risks and promote health; and 328.31 (4) how decisions and health practices in the following 328.32 areas impact one another: nutrition, physical fitness, mental 328.33 and emotional health, tobacco, drug, and alcohol use, 328.34 intentional and unintentional injuries, HIV and sexually 328.35 transmitted diseases, and unintentional pregnancies. 328.36 Subd. 3. [PART B.] A student shall demonstrate the ability 329.1 to: 329.2 (1) assess and identify individual or community health 329.3 needs; 329.4 (2) evaluate an individual or community health assessment 329.5 to develop goals and strategies for health enhancement and risk 329.6 reduction; 329.7 (3) implement goals and strategies to improve or maintain 329.8 individual or community health; 329.9 (4) evaluate the impact of the goals and strategies on 329.10 health promotion and disease prevention/risk reduction; 329.11 (5) evaluate the validity of health information, products, 329.12 and services, which prevent disease and promote health; 329.13 (6) analyze how health maintenance and disease prevention 329.14 decisions are influenced by media, technological advancements, 329.15 interpersonal communication skills, immediate and long-term risk 329.16 factors, and culture; 329.17 (7) evaluate the impact of decisions on individual, family, 329.18 and community health; 329.19 (8) apply effective communication/refusal skills as they 329.20 relate to responsible decision making; and 329.21 (9) design and conduct an in-depth study of an individual 329.22 or community health need using one of the following high school 329.23 inquiry standards: 329.24 (i) research process; or 329.25 (ii) issue analysis; or 329.26 (iii) case study. 329.27 Sec. 9. [PHYSICAL EDUCATION AND FITNESS - HIGH SCHOOL.] 329.28 Subdivision 1. [PURPOSE.] Understand training and movement 329.29 principles, apply decision-making processes to develop and 329.30 implement a plan to achieve fitness, and participate in fitness 329.31 activities. 329.32 Subd. 2. [PART A.] A student shall demonstrate an 329.33 understanding of: 329.34 (1) the principles of training necessary to achieve 329.35 fitness; 329.36 (2) the critical elements and the biomechanical concepts 330.1 and principles of movement skills; and 330.2 (3) the procedures, including safe practices, rules, 330.3 etiquette, and strategies associated with physical activities. 330.4 Subd. 3. [PART B.] A student shall demonstrate the ability 330.5 to: 330.6 (1) use a decision-making process to select appropriate 330.7 physical activities to achieve fitness by designing, 330.8 implementing, and evaluating a health-enhancing fitness plan, 330.9 which includes: 330.10 (i) establishing current levels of cardiovascular fitness, 330.11 muscular endurance, muscular strength, and flexibility; 330.12 (ii) setting personal goals for: 330.13 (A) physical fitness, including cardiovascular fitness, 330.14 muscular endurance, muscular strength, and flexibility; and 330.15 (B) health enhancement (for example, stress management, 330.16 nutrition, and enjoyment); 330.17 (iii) selecting training strategies using the following 330.18 principles: 330.19 (A) FITT principle, including frequency, intensity, time, 330.20 and types of activities; 330.21 (B) principle of overload; 330.22 (C) principle of progression; and 330.23 (D) principle of specificity; 330.24 (iv) implementing and monitoring the plan, including 330.25 logging activities and making adjustments to the plan; 330.26 (v) reassessing levels of cardiovascular fitness, muscular 330.27 endurance, muscular strength, and flexibility; and 330.28 (vi) analyzing and evaluating the effectiveness of the plan 330.29 in helping to achieve fitness; and 330.30 (2) proficiently perform skills in: 330.31 (i) an aerobic activity; 330.32 (ii) at least two other physical fitness 330.33 activities/movement forms; and 330.34 (iii) analyze a movement skill for improved performance 330.35 using critical skill elements and biomechanical concepts and 330.36 principles. 331.1 Sec. 10. [CAREER INVESTIGATION - HIGH SCHOOL.] 331.2 Subdivision 1. [PURPOSE.] Investigate career choices 331.3 through informed decision making. 331.4 Subd. 2. [PART A.] A student shall demonstrate an 331.5 understanding of: 331.6 (1) how employment trends, industry standards, career data, 331.7 academic achievement, and technology affect career choices in 331.8 relationship to life goals and personal attributes; 331.9 (2) how appropriate work-based behaviors contribute to job 331.10 success; and 331.11 (3) how systems thinking can be used to evaluate and 331.12 analyze how the workplace affects and interacts with the 331.13 community and how they, in turn, affect an individual worker. 331.14 Subd. 3. [PART B.] A student shall demonstrate the ability 331.15 to: 331.16 (1) investigate a specific traditional or nontraditional 331.17 career choice by analyzing personal interests, abilities, and 331.18 strengths; 331.19 (2) investigate a career through research and an authentic 331.20 experience using multiple resources (for example, internships, 331.21 mentorship, apprenticeship, job shadowing, interviews, 331.22 volunteering, or community placement); 331.23 (3) explore and research a postsecondary program that meets 331.24 a career preparation goal (for example, postsecondary 331.25 educational institution visits, military options, on-line 331.26 searches, career fairs, or college fairs); 331.27 (4) analyze how a specific career choice affects personal, 331.28 family, and community life; 331.29 (5) analyze the implication of the changing workplace on a 331.30 specific career choice, including future skill development, 331.31 personal growth, and developments in technology; 331.32 (6) establish a career action plan incorporating a 331.33 decision-making process as it relates to career and life goals; 331.34 and 331.35 (7) establish and evaluate the contents of a portfolio of 331.36 job-seeking and placement documents, including a resume, cover 332.1 letter, letters of recommendation, follow-up letter, and career 332.2 action plan. 332.3 Sec. 11. [OCCUPATIONAL EXPERIENCE - HIGH SCHOOL.] 332.4 Subdivision 1. [PURPOSE.] Experience authentic work 332.5 situations and apply informed decision making to solve problems 332.6 at the work site. 332.7 Subd. 2. [PART A.] A student shall demonstrate an 332.8 understanding of: 332.9 (1) current and future employment trends in a selected 332.10 career field, including projected growth rate, percentage of 332.11 traditional versus nontraditional employees, and use of new 332.12 technologies; 332.13 (2) technical information, skills, and work-based behaviors 332.14 required for a specific employment opportunity, including 332.15 academic skills, communication skills, interpersonal skills, 332.16 personal qualities, and thinking skills; 332.17 (3) all aspects of an industry, including planning, 332.18 management, finances, technical and productions skills, 332.19 principles of technology, labor and community issues, health and 332.20 safety issues, environmental issues, and personal work habits; 332.21 and 332.22 (4) current work-related laws and how they affect the 332.23 employee, employer, and work environment. 332.24 Subd. 3. [PART B.] A student shall demonstrate the ability 332.25 to: 332.26 (1) evaluate and analyze personal strengths, experiences, 332.27 interests, and learning styles and how they relate to career 332.28 choices; 332.29 (2) create a portfolio of job-seeking and placement 332.30 documents, including the application, cover letter, resume, 332.31 letters of recommendation, interviewing, and follow-up letter; 332.32 (3) apply job-seeking skills through an authentic hiring 332.33 process experience; 332.34 (4) revise, implement, and maintain an educational plan to 332.35 support career goals; 332.36 (5) apply a decision-making process to handle challenging 333.1 situations as they occur at the workplace; 333.2 (6) analyze and evaluate conflicts and apply 333.3 problem-solving strategies in work relationships, including 333.4 employer-employee, coworker, and customer-client situations; 333.5 (7) identify and evaluate how technology, employee 333.6 knowledge, and skills contribute to production of a product, 333.7 service, or process on the job; and 333.8 (8) evaluate performance and work-based behaviors according 333.9 to standards and expectations of the employer and personal job 333.10 goals. 333.11 ARTICLE 23 333.12 INQUIRY AND RESEARCH 333.13 Section 1. [OBSERVATION AND INVESTIGATION - PRIMARY.] 333.14 Subdivision 1. [PURPOSE.] Gather, record, and display 333.15 information to answer a question. 333.16 Subd. 2. [PART A.] A student shall demonstrate an 333.17 understanding of: 333.18 (1) categorizing and classifying of information; and 333.19 (2) methods for recording and displaying information. 333.20 Subd. 3. [PART B.] A student shall demonstrate the ability 333.21 to: 333.22 (1) gather information from media sources, direct 333.23 observation, interviews and experiments, or investigation to 333.24 answer a question; 333.25 (2) record the gathered information; 333.26 (3) categorize and classify information; 333.27 (4) display the gathered information; and 333.28 (5) explain the answer to the question. 333.29 Sec. 2. [OBSERVATION AND INVESTIGATION - INTERMEDIATE.] 333.30 Subdivision 1. [PURPOSE.] Gather, record, and display 333.31 information to answer a question. 333.32 Subd. 2. [PART A.] A student shall demonstrate an 333.33 understanding of: 333.34 (1) the effect of changing one variable in an investigation 333.35 or experiment; 333.36 (2) framing a question; and 334.1 (3) the difference between primary and secondary sources. 334.2 Subd. 3. [PART B.] A student shall demonstrate the ability 334.3 to: 334.4 (1) select a topic and frame a question, gather information 334.5 from media sources, observation, and interviews; 334.6 (2) select information from print and electronic media; 334.7 (3) conduct an observation and write a detailed 334.8 description; 334.9 (4) conduct an interview with follow-up questions or design 334.10 and conduct a survey; 334.11 (5) record and organize information and report findings; 334.12 and 334.13 (6) evaluate findings to identify areas for further 334.14 investigation. 334.15 Sec. 3. [DIRECT OBSERVATION - MIDDLE.] 334.16 Subdivision 1. [PURPOSE.] Gather, record, and display 334.17 information to answer a scientific or social science question 334.18 through direct observation. 334.19 Subd. 2. [PART A.] A student shall demonstrate an 334.20 understanding of methods of primary research techniques, 334.21 including: 334.22 (1) observations; 334.23 (2) interviews; 334.24 (3) surveys; and 334.25 (4) questionnaires. 334.26 Subd. 3. [PART B.] A student shall demonstrate the ability 334.27 to: 334.28 (1) select a topic and frame a question; 334.29 (2) collect, record, and organize data gathered through 334.30 primary research techniques; 334.31 (3) use direct observation to: 334.32 (i) collect, organize, and record data; and 334.33 (ii) look for patterns in observable data; and 334.34 (4) display data in written, oral, visual, or electronic 334.35 format to: 334.36 (i) compare findings to other findings on the topic; 335.1 (ii) relate findings to other situations; 335.2 (iii) answer a question or present a position using data; 335.3 (iv) identify areas for further study; and 335.4 (v) evaluate the question based on findings. 335.5 Sec. 4. [SOCIAL SCIENCE PROCESSES - HIGH SCHOOL.] 335.6 A student shall access sources of social science 335.7 information and data to: 335.8 (1) formulate a question about an historical event, issue, 335.9 or interpretation of a concept; 335.10 (2) create a plan for collecting and interpreting data; 335.11 (3) evaluate a research problem for feasibility; 335.12 (4) gather information through the primary research 335.13 techniques of observations, interviews, surveys, or experiments; 335.14 and 335.15 (5) discuss research findings, including describing issues; 335.16 describing the findings from a survey of literature; presenting 335.17 primary data; identifying bias and context of data or findings; 335.18 examining how the time period and location of data source affect 335.19 the data; examining limitations of the investigation, research 335.20 process, or findings; and formulating possibilities for further 335.21 research. 335.22 Sec. 5. [RESEARCH PROCESS - HIGH SCHOOL.] 335.23 Subdivision 1. [PURPOSE.] Ask a question and investigate a 335.24 variety of resources to answer or provide information for a 335.25 discussion of the question. 335.26 Subd. 2. [PART A.] Students will demonstrate an 335.27 understanding of: 335.28 (1) primary research techniques, including quantitative and 335.29 qualitative observations, structured and unstructured 335.30 interviews, surveys, and questionnaires; 335.31 (2) secondary sources (for example, reference books, the 335.32 Internet, textbooks, and biographies); and 335.33 (3) appropriate methods of data collection. 335.34 Subd. 3. [PART B.] Students shall demonstrate the ability 335.35 to: 335.36 (1) generate a clearly defined researchable question with 336.1 subquestions; 336.2 (2) evaluate the research question for feasibility; 336.3 (3) create a plan for collecting and interpreting data; 336.4 (4) gather background information based on a survey of 336.5 related literature from a variety of sources, including: 336.6 (i) identifying key issues; and 336.7 (ii) identifying relevant historical and contextual 336.8 information; 336.9 (5) collect, interpret, and evaluate primary data, 336.10 including: 336.11 (i) quantitative and qualitative observations; 336.12 (ii) structured and unstructured interviews; 336.13 (iii) surveys; and 336.14 (iv) questionnaires; and 336.15 (6) communicate research findings through appropriate 336.16 formats (for example, abstract writing, poster display, or 336.17 informational video), including: 336.18 (i) stating the research question; 336.19 (ii) sharing findings from the survey of literature; 336.20 (iii) presenting primary data; 336.21 (iv) interpreting and analyzing information; 336.22 (v) identifying limitations of the investigation, bias, and 336.23 context of data and findings; and 336.24 (vi) describing possibilities for further research. 336.25 Sec. 6. [ACCESSING INFORMATION - MIDDLE LEVEL.] 336.26 Subdivision 1. [PURPOSE.] Access information to answer a 336.27 question or support a position. 336.28 Subd. 2. [PART A.] A student shall demonstrate an 336.29 understanding of: 336.30 (1) methods of recording and organizing information; and 336.31 (2) synthesizing information from primary and secondary 336.32 sources. 336.33 Subd. 3. [PART B.] A student shall demonstrate the ability 336.34 to: 336.35 (1) generate a question to be investigated or a position to 336.36 be supported; 337.1 (2) access and use a variety of sources, including 337.2 electronic media, to answer a question or support a position; 337.3 (3) determine how to record and organize information; 337.4 (4) evaluate the relevance of information found in sources; 337.5 and 337.6 (5) synthesize information to answer a question or support 337.7 a position. 337.8 Sec. 7. [MATHEMATICS RESEARCH - HIGH SCHOOL.] 337.9 Subdivision 1. [PURPOSE.] Gather and analyze information 337.10 on mathematics topic. 337.11 Subd. 2. [PART A.] A student shall demonstrate an 337.12 understanding of the basic process of making generalizations. 337.13 Subd. 3. [PART B.] A student shall demonstrate the ability 337.14 to design and conduct an investigation of a mathematics topic, 337.15 including: 337.16 (1) selecting and refining a topic through research; 337.17 (2) making generalizations about the topic; 337.18 (3) documenting insights gained during the investigation; 337.19 (4) connecting new concepts to familiar mathematical ideas; 337.20 (5) using mathematical properties to support a conclusion; 337.21 and 337.22 (6) communicating findings for an audience outside of 337.23 mathematics. 337.24 Sec. 8. [ISSUE ANALYSIS - HIGH SCHOOL.] 337.25 Subdivision 1. [PURPOSE.] Analyze multiple perspectives on 337.26 an issue and synthesize the findings. 337.27 Subd. 2. [PART A.] A student shall demonstrate an 337.28 understanding of: 337.29 (1) multiple perspectives of an issue; and 337.30 (2) possible bias in information gathering. 337.31 Subd. 3. [PART B.] A student shall demonstrate the ability 337.32 to research an issue and evaluate the positions and possible 337.33 solutions to the issue, including: 337.34 (1) gathering information on an issue; 337.35 (2) examining information and the process used in 337.36 collecting information for bias; 338.1 (3) identifying points of view, areas of conflict, and 338.2 points of possible compromise or agreement among groups on the 338.3 issue; 338.4 (4) evaluating the positions held, the proposed solutions, 338.5 and project consequences; 338.6 (5) identifying motives of groups; and 338.7 (6) determining feasibility of resolution. 338.8 Sec. 9. [RECORDERS OF HISTORY - HIGH SCHOOL.] 338.9 Subdivision 1. [PURPOSE.] Understand that history is 338.10 written from the perspective of the historian. 338.11 Subd. 2. [PART A.] The student shall demonstrate an 338.12 understanding of: 338.13 (1) perspective and bias as they relate to recording 338.14 historical events; and 338.15 (2) how historical accounts may differ based on the 338.16 availability and use of sources, societal influences on the 338.17 writer, and the purpose of the account. 338.18 Subd. 3. [PART B.] The student shall demonstrate the 338.19 ability to: 338.20 (1) analyze two accounts of the same historical event 338.21 written in different times and explain differences in terms of: 338.22 (i) availability and use of sources; and 338.23 (ii) societal influences on the writer and the purpose of 338.24 the account; and 338.25 (2) determine the validity of the primary sources used in 338.26 the writing of an event in history, including factors that 338.27 influence the recorder of the event. 338.28 Sec. 10. [CASE STUDY - HIGH SCHOOL.] 338.29 Subdivision 1. [PURPOSE.] Use observation and theory to 338.30 study natural systems, human interaction, learning, or 338.31 development. 338.32 Subd. 2. [PART A.] A student shall demonstrate an 338.33 understanding of: 338.34 (1) theories of human behavior, learning, or development; 338.35 (2) methods and techniques of primary research, including 338.36 interviews, observations, surveys, and questionnaires; and 339.1 (3) legal and ethical issues related to research, including 339.2 copyright laws, access to property, and the use of human or 339.3 other subjects. 339.4 Subd. 3. [PART B.] A student shall demonstrate the ability 339.5 to; 339.6 (1) refine a topic into a clear statement of a research 339.7 problem with subproblems; 339.8 (2) create a plan for collecting data, including: 339.9 (i) evaluating feasibility; and 339.10 (ii) establishing a process for conducting observations and 339.11 recording descriptions; 339.12 (3) gather and analyze data; and 339.13 (4) communicate findings, including: 339.14 (i) describing key scenes, people, dialogue, or places from 339.15 observations; 339.16 (ii) comparing finding to theories of human interaction, 339.17 learning, or development; and 339.18 (iii) identifying implications for further study. 339.19 Sec. 11. [RESEARCH AND CREATE A BUSINESS PLAN - HIGH 339.20 SCHOOL.] 339.21 Subdivision 1. [PURPOSE.] A student shall develop and 339.22 implement a plan to start a business or organization. 339.23 Subd. 2. [PART A.] A student shall demonstrate an 339.24 understanding of: 339.25 (1) the scientific, economic, marketing, and sales 339.26 principles relevant to the type of business chosen; 339.27 (2) the function of a business or organization functions 339.28 within the larger economic system; and 339.29 (3) the potential impact of a business or organization on 339.30 people and communities. 339.31 Subd. 3. [PART B.] A student shall demonstrate the ability 339.32 to: 339.33 (1) gather and record information, including: 339.34 (i) researching and tracking markets; 339.35 (ii) using appropriate technology, including, but not 339.36 limited to, computers, and telecommunications satellite 340.1 technology; and 340.2 (iii) recording the data; 340.3 (2) develop a business plan, including: 340.4 (i) conducting a feasibility study; 340.5 (ii) producing a cost/benefit assessment, including human 340.6 resources; and 340.7 (iii) identifying alternative solutions to problems; and 340.8 (3) implement an actual or simulated business plan, 340.9 including: 340.10 (i) communicating information regarding decisions; 340.11 (ii) applying human relations skills; 340.12 (iii) applying relevant/useful mechanical and technical 340.13 skills; 340.14 (iv) using marketing and sales techniques; 340.15 (v) integrating economic, marketing, sales, and technical 340.16 aspects with sound environmental practices; and 340.17 (vi) analyzing the effectiveness of the plan. 340.18 Sec. 12. [HISTORY THROUGH ARTS AND CULTURE - HIGH SCHOOL.] 340.19 Subdivision 1. [PURPOSE.] Apply an inquiry process to an 340.20 art form, theme, or idea to understand historical framework and 340.21 cultural context. 340.22 Subd. 2. [PART A.] A student shall demonstrate an 340.23 understanding of: 340.24 (1) the influence of cultural contexts within an art form, 340.25 theme, or idea; and 340.26 (2) the concept of historical periods, including, but not 340.27 limited to, major events, conflicts, and leaders. 340.28 Subd. 3. [PART B.] A student shall demonstrate the ability 340.29 to: 340.30 (1) gather information to analyze the development of a 340.31 selected art form, idea, or theme; 340.32 (2) select, describe, and interpret works of art that 340.33 represent historical periods and development of the art form, 340.34 theme, or idea; and 340.35 (3) analyze and interpret the development in the selected 340.36 art form, theme, or idea in terms of cultural contexts for each 341.1 historical period, including, but not limited to, architecture, 341.2 technology, dominant philosophies, daily life, and social 341.3 customs. 341.4 Sec. 13. [PRODUCT DEVELOPMENT - HIGH SCHOOL.] 341.5 Subdivision 1. [PURPOSE.] Research, develop, and/or test a 341.6 product. 341.7 Subd. 2. [PART A.] A student shall demonstrate an 341.8 understanding of: 341.9 (1) purpose and methods of market research; 341.10 (2) characteristics of specific materials and technologies; 341.11 (3) impact of the use of specific materials and 341.12 technologies; and 341.13 (4) materials processing and/or design techniques. 341.14 Subd. 3. [PART B.] A student shall demonstrate the ability 341.15 to create or test a product, including: 341.16 (1) determining the need and the market using at least two 341.17 of the following methods: direct mail survey, telemarketing 341.18 survey, personal interview, discussion group, panels, sampling, 341.19 observations, or market analysis; 341.20 (2) correlating, tabulating, and reporting findings of the 341.21 research; 341.22 (3) designing a new or improved product, which meets the 341.23 need; 341.24 (4) analyzing the viability of product price, place, and 341.25 promotion based on research findings; 341.26 (5) creating the new or improved product; 341.27 (6) testing and evaluating the product; and 341.28 (7) assessing the impact of production, use, and eventual 341.29 disposal of the product on the environment, society, and health, 341.30 as applicable. 341.31 Sec. 14. [FIELD STUDY - HIGH SCHOOL.] 341.32 Subdivision 1. [PURPOSE.] Conduct a field study to answer 341.33 a research question. 341.34 Subd. 2. [PART A.] A student shall demonstrate an 341.35 understanding of: 341.36 (1) tools and methods used in a field study; 342.1 (2) impacts of technologies on traditional field studies; 342.2 and 342.3 (3) impacts of uncontrolled variables on systems. 342.4 Subd. 3. [PART B.] A student shall demonstrate the ability 342.5 to: 342.6 (1) independently formulate a question and design a study; 342.7 (2) collect, analyze, and present quantitative and 342.8 qualitative data using appropriate technology (for example, 342.9 video, still cameras, tape recorders, tree borers, trip lines, 342.10 or global positioning systems); 342.11 (3) conduct research with key experts or sample documents; 342.12 (4) take random and/or nonrandom samples under field 342.13 conditions; 342.14 (5) access response effects; 342.15 (6) measure and account for respondent inaccuracy in 342.16 behavior reports; 342.17 (7) assess validity and reliability of methods and evaluate 342.18 credibility of sources; 342.19 (8) look for pattern and meaning in data; 342.20 (9) analyze field notes; and 342.21 (10) communicate research findings. 342.22 ARTICLE 24 342.23 WORLD LANGUAGES 342.24 Section 1. [WORLD LANGUAGES - PRIMARY.] 342.25 Subdivision 1. [PURPOSE.] Gain exposure to a language 342.26 other than English. 342.27 Subd. 2. [PART A.] A student shall demonstrate an 342.28 understanding of: 342.29 (1) basic features of the language, including vocabulary, 342.30 syntax, and grammar necessary for communicating about very 342.31 familiar topics; 342.32 (2) some age-appropriate cultural practices and products 342.33 (for example, gestures, songs, and games); and 342.34 (3) basic similarities between some written and spoken or 342.35 signed words of the target language and English. 342.36 Subd. 3. [PART B.] A student shall demonstrate the ability 343.1 to: 343.2 (1) participate in brief written and oral exchanges or 343.3 signed conversations with guidance on familiar topics; 343.4 (2) comprehend basic written and spoken words and phrases 343.5 or signed words, classifiers, and phrases that are supported by 343.6 context clues and repetition; and 343.7 (3) present basic written and oral or signed personal 343.8 information using very common words and memorized phrases. 343.9 Sec. 2. [TECHNICAL LANGUAGE - PRIMARY.] 343.10 Subdivision 1. [PART A.] A student shall demonstrate an 343.11 understanding of: 343.12 (1) the concept that letters, characters, icons, signs, and 343.13 symbols represent ideas, quantities, elements, and actions; and 343.14 (2) the purpose of the message (for example, to perform a 343.15 computer action, to produce a product, or to describe a person's 343.16 health). 343.17 Subd. 2. [PART B.] A student shall demonstrate the ability 343.18 to read and explain basic symbolic and technical representations. 343.19 Sec. 3. [WORLD LANGUAGES - INTERMEDIATE.] 343.20 Subdivision 1. [PURPOSE.] Explore and begin to communicate 343.21 in a language other than English. 343.22 Subd. 2. [PART A.] A student shall demonstrate an 343.23 understanding of: 343.24 (1) basic features of the language, including vocabulary, 343.25 syntax, and grammar necessary for communicating about familiar 343.26 and personal topics; 343.27 (2) some common, age-appropriate cultural practices, 343.28 traditions, and expressive products (for example, greetings, 343.29 songs, stories, and games); and 343.30 (3) some similarities and differences between the target 343.31 language and English (for example, commonly occurring cognates 343.32 and borrowed words, pronunciation, intonation, sentence 343.33 structure, and alphabet/characters/signs). 343.34 Subd. 3. [PART B.] A student shall demonstrate the ability 343.35 to: 343.36 (1) participate in written and oral exchanges or signed 344.1 conversations on familiar and personal topics; 344.2 (2) comprehend basic written and spoken or signed language 344.3 about familiar topics and in familiar contexts; 344.4 (3) present basic written and oral or signed information 344.5 about familiar topics using memorized and familiar words and 344.6 simple phrases and sentences; and 344.7 (4) use culturally appropriate practices (for example, 344.8 greetings and gestures) in a limited number of familiar 344.9 situations. 344.10 Sec. 4. [TECHNICAL LANGUAGE - INTERMEDIATE.] 344.11 Subdivision 1. [PART A.] A student shall demonstrate an 344.12 understanding of: 344.13 (1) common letters, characters, icons, signs, and symbols 344.14 that represent ideas, quantities, elements, and actions; and 344.15 (2) the audience and purpose of the message. 344.16 Subd. 2. [PART B.] A student shall demonstrate the ability 344.17 to read and apply symbolic and technical representations, with 344.18 guidance, to perform an action or create a basic product (for 344.19 example, a group Web page, a plan for constructing a box, a 344.20 carton, or a toy). 344.21 Sec. 5. [WORLD LANGUAGES - MIDDLE.] 344.22 Subdivision 1. [PURPOSE.] Communicate in a language other 344.23 than English on familiar topics in cultural contexts, as 344.24 appropriate. 344.25 Subd. 2. [PART A.] A student shall demonstrate an 344.26 understanding of: 344.27 (1) features of the language, including vocabulary, syntax, 344.28 and grammar necessary for communicating about a variety of 344.29 common topics; 344.30 (2) a range of common cultural practices and products (for 344.31 example, food, clothing, dwellings, music, and artifacts); and 344.32 (3) similarities and differences between the target 344.33 language and English, including idioms, sentence structure, 344.34 cognates, and false cognates. 344.35 Subd. 3. [PART B.] A student shall demonstrate the ability 344.36 to: 345.1 (1) initiate and respond to written and oral exchanges or 345.2 signed conversations to express needs, limited options, and 345.3 experiences using learned material about familiar topics; 345.4 (2) comprehend written and spoken or signed language 345.5 relating to daily living and common events in formal and 345.6 informal situations; 345.7 (3) create and deliver written and spoken or signed 345.8 presentations about familiar topics using simple phrases and 345.9 expressions; and 345.10 (4) communicate in familiar situations using appropriate 345.11 cultural practices (for example, formal and informal register, 345.12 personal space, and manners). 345.13 Sec. 6. [TECHNICAL LANGUAGE - MIDDLE.] 345.14 Subdivision 1. [PART A.] A student shall demonstrate an 345.15 understanding of: 345.16 (1) the basic features and symbols of a technical language; 345.17 and 345.18 (2) the audience, purpose, medium, and nature of the 345.19 message. 345.20 Subd. 2. [PART B.] A student shall demonstrate the ability 345.21 to: 345.22 (1) read and explain symbolic and technical 345.23 representations; and 345.24 (2) create a plan or product using the technical language 345.25 (for example, a piece of furniture, the floor plan of the 345.26 student's residence) or html programming for a Web page. 345.27 Sec. 7. [NATURE OF LANGUAGE AND CULTURE - HIGH SCHOOL.] 345.28 Subdivision 1. [PURPOSE.] Communicate in a language other 345.29 than English on a variety of topics and understand how language 345.30 and culture are interconnected. 345.31 Subd. 2. [PART A.] A student shall demonstrate an 345.32 understanding of: 345.33 (1) features of the target language, including vocabulary, 345.34 syntax, and grammar necessary for communicating about a variety 345.35 of topics; 345.36 (2) culture: 346.1 (i) common patterns of behavior and practices of typical 346.2 peers and others in the target culture; and 346.3 (ii) products and perspectives of the target culture (for 346.4 example, people of importance, print and nonprint cultural 346.5 artifacts, and commonly held attitudes and ideas; 346.6 (3) similarities and differences in the ways languages are 346.7 written and spoken or signed (for example, writing mechanics, 346.8 sentence structure, intonation, and word stress); and 346.9 (4) how language and cultural practices, products, and 346.10 perspectives are interrelated. 346.11 Subd. 3. [PART B.] A student shall demonstrate the ability 346.12 to: 346.13 (1) initiate and respond to written and oral exchanges or 346.14 signed conversations that reflect structural patterns of the 346.15 language in familiar and practiced situations; 346.16 (2) comprehend written and spoken or signed language about 346.17 a variety of familiar topics that reflect cultural practices, 346.18 products, and perspectives; 346.19 (3) create and deliver written and spoken or signed 346.20 presentations about a variety of familiar topics using a range 346.21 of simple phrases and expressions; and 346.22 (4) communicate in a variety of familiar situations using 346.23 appropriate cultural practices (for example, formal and informal 346.24 register, personal space, and manners). 346.25 Sec. 8. [COMMUNICATING IN A LANGUAGE OTHER THAN ENGLISH - 346.26 HIGH SCHOOL.] 346.27 Subdivision 1. [PURPOSE.] Comprehend and communicate in a 346.28 language other than English on a broad range of topics. 346.29 Subd. 2. [PART A.] A student shall demonstrate an 346.30 understanding of: 346.31 (1) features of the language, including vocabulary, syntax, 346.32 and sociolinguistic, lexical, and grammatical systems necessary 346.33 for communicating about a wide range of personal and general 346.34 topics; 346.35 (2) similarities and differences in cultural products, 346.36 practices, and perspectives between the target culture and the 347.1 student's own; and 347.2 (3) similarities and differences between the sound or 347.3 signed and written systems of the target language and English, 347.4 including regional and national spoken or signed patterns and 347.5 familiar genres of written texts (for example, poems, letters, 347.6 newspapers, and magazine articles). 347.7 Subd. 3. [PART B.] A student shall demonstrate the ability 347.8 to: 347.9 (1) initiate, sustain, and close written and oral exchanges 347.10 or signed conversations in a variety of familiar and new 347.11 situations; 347.12 (2) comprehend the main idea and supporting details of 347.13 written and spoken or signed language from a variety of 347.14 authentic sources that are produced for various audiences and 347.15 purposes; 347.16 (3) present or perform both student-created and culturally 347.17 authentic texts (for example, essays, poetry, plays, stories, 347.18 songs, and letters); and 347.19 (4) communicate in formal and informal situations using a 347.20 wide range of appropriate cultural practices and expressions. 347.21 Sec. 9. [COMMUNICATING IN A TECHNICAL LANGUAGE - HIGH 347.22 SCHOOL.] 347.23 Subdivision 1. [PURPOSE.] Comprehend and communicate using 347.24 a universal technical language. 347.25 Subd. 2. [PART A.] A student shall demonstrate an 347.26 understanding of: 347.27 (1) the features, symbols, and appropriate applications of 347.28 a symbolic and technical language; 347.29 (2) relevant technical vocabulary; and 347.30 (3) design considerations pertinent to the products or 347.31 services to be delivered (for example, building codes or Web 347.32 browser limitations). 347.33 Subd. 3. [PART B.] A student shall demonstrate the ability 347.34 to: 347.35 (1) read, comprehend, and analyze complex symbolic and 347.36 technical representations (for example, documents, plans, or 348.1 drawings); and 348.2 (2) apply a symbolic and technical language to communicate 348.3 how to perform a complex action or produce a complex product 348.4 (for example, a complete set of plans for a single-family 348.5 residence) or html programming of a complete Web site. 348.6 ARTICLE 25 348.7 E-12 EDUCATION FORECAST ADJUSTMENTS 348.8 Section 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.] 348.9 The dollar amounts shown are added to or, if shown in 348.10 parentheses, are subtracted from the appropriations in Laws 348.11 2001, First Special Session chapter 6, as amended by Laws 2002, 348.12 chapter 220, and Laws 2002, chapter 374, or other law, and are 348.13 appropriated from the general fund to the department of 348.14 children, families, and learning for the purposes specified in 348.15 this article, to be available for the fiscal year indicated for 348.16 each purpose. The figure "2003" used in this article means that 348.17 the appropriation or appropriations listed are available for the 348.18 fiscal year ending June 30, 2003. 348.19 2003 348.20 APPROPRIATION ADJUSTMENTS $ 8,742,000 348.21 APPROPRIATION CHANGE 348.22 Sec. 2. APPROPRIATIONS; EARLY CHILDHOOD 348.23 AND FAMILY EDUCATION 348.24 Subdivision 1. Early Childhood Family 348.25 Education Aid (520,000) 348.26 Subd. 2. MFIP Child Care 6,817,000 348.27 Subd. 3. Community Education Aid 219,000 348.28 Subd. 4. Adult Graduation Aid (149,000) 348.29 Sec. 3. K-12 EDUCATION APPROPRIATION 348.30 ADJUSTMENTS 348.31 Subdivision 1. Referendum Tax 348.32 Base Replacement Aid (98,000) 348.33 Subd. 2. General and Supplemental 348.34 Education Aid 8,791,000 348.35 This change includes ($7,420,000) for 348.36 2002 and $16,211,000 for 2003. 348.37 Subd. 3. Transportation Aid for 348.38 Enrollment Options (35,000) 348.39 Subd. 4. Nonpublic Pupil Aid 437,000 349.1 Subd. 5. Nonpublic Pupil Transportation (679,000) 349.2 Subd. 6. Consolidation Transition Aid 5,000 349.3 Subd. 7. Charter School Building 349.4 Lease Aid (544,000) 349.5 Subd. 8. Charter School Startup Grants (181,000) 349.6 Subd. 9. Charter School Integration Aid (5,000) 349.7 This reduction is for 2002. 349.8 Subd. 10. Integration Aid (2,866,000) 349.9 Subd. 11. Magnet School Startup Aid (96,000) 349.10 Subd. 12. Interdistrict Desegregation 349.11 or Integration Transportation Grants 169,000 349.12 Subd. 13. Tribal Contract Schools (612,000) 349.13 Subd. 14. Special Education Aid (1,630,000) 349.14 Subd. 15. Aid for Children with a 349.15 Disability (289,000) 349.16 Subd. 16. Travel for Home-Based 349.17 Services 48,000 349.18 Subd. 17. Special Education Excess 349.19 Cost Aid (491,000) 349.20 Subd. 18. Litigation Costs for 349.21 Special Education (40,000) 349.22 Subd. 19. Court-Placed Special 349.23 Education Revenue (203,000) 349.24 Subd. 20. Transition Programs; 349.25 Students With Disabilities (26,000) 349.26 Subd. 21. Health and Safety Aid (480,000) 349.27 Subd. 22. Debt Service Aid 19,000 349.28 Subd. 23. School Breakfast 100,000 349.29 Subd. 24. Fast Break to Learning 1,081,000 349.30 Sec. 4. [EFFECTIVE DATE.] 349.31 Sections 1 to 3 are effective the day following final 349.32 enactment.