as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; repealing, modifying, and 1.3 expanding certain provisions of the kindergarten 1.4 through grade 12 education code; amending Minnesota 1.5 Statutes 2000, sections 120A.05, by adding 1.6 subdivisions; 120A.22, subdivisions 1, 5; 120B.11, 1.7 subdivision 5; 120B.22, subdivision 1; 121A.06; 1.8 121A.11, subdivision 1; 121A.15; 121A.26; 121A.27; 1.9 121A.28; 121A.29, subdivision 1; 121A.32, subdivision 1.10 1; 121A.34; 121A.55; 121A.69, subdivision 3; 122A.09, 1.11 subdivision 6; 122A.15; 122A.22; 122A.40, subdivisions 1.12 3, 5, 8, 19; 122A.41, subdivision 15; 122A.51; 1.13 122A.58, subdivision 1; 122A.60, subdivision 1; 1.14 122A.68, subdivisions 1, 7; 122A.69; 122A.70, 1.15 subdivision 2; 122A.91; 122A.92; 123A.06, subdivision 1.16 1; 123B.02, subdivisions 1, 2, 3; 123B.04, 1.17 subdivisions 2, 5; 123B.09, subdivision 8; 123B.143, 1.18 subdivision 1; 123B.147; 123B.36, subdivision 1; 1.19 123B.43; 123B.445; 123B.49, subdivisions 1, 4; 1.20 123B.51, subdivisions 1, 5; 123B.73, subdivision 1; 1.21 123B.83, subdivision 1; 123B.90, subdivision 2; 1.22 123B.91, subdivision 1; 124D.02, subdivision 1; 1.23 124D.03, subdivision 3; 124D.09, subdivisions 5, 6, 7, 1.24 12; 124D.10, subdivisions 1, 6, 15, 19; 124D.115, 1.25 subdivision 3; 124D.118, subdivisions 2, 3; 124D.28, 1.26 subdivision 1; 124D.29, by adding a subdivision; 1.27 124D.30, subdivision 3; 124D.34, subdivision 4; 1.28 124D.35; 124D.37; 124D.40, subdivision 2; 124D.41; 1.29 124D.42, subdivision 7; 124D.46, subdivision 1; 1.30 124D.47, subdivision 2; 124D.49, subdivision 3; 1.31 124D.50, subdivisions 2, 3; 124D.65, subdivision 6; 1.32 124D.74, subdivision 1; 124D.88, subdivision 2; 1.33 124D.892; 124D.894; 124D.94, subdivisions 2, 4; 1.34 125B.05, subdivisions 1, 2; 125B.20, subdivisions 1, 1.35 4; 126C.05, subdivision 1; 126C.17, subdivision 11; 1.36 126C.31; 126C.48, subdivision 8; 127A.05, subdivisions 1.37 1, 3; 127A.06; 127A.41, subdivision 7; 127A.42, 1.38 subdivision 2; 129C.10, subdivision 3; proposing 1.39 coding for new law in Minnesota Statutes, chapter 1.40 122A; repealing Minnesota Statutes 2000, sections 1.41 120A.41; 120B.10; 120B.11, subdivisions 3, 4, 7; 1.42 120B.24; 121A.03, subdivision 3; 121A.11, subdivision 1.43 2; 121A.16; 121A.32, subdivisions 2, 4, 5; 121A.41, 1.44 subdivision 3; 122A.162; 122A.19, subdivision 2; 1.45 122A.32; 122A.33; 122A.40, subdivision 6; 122A.42; 1.46 122A.43, subdivisions 1, 2, 3, 4, 6; 122A.45; 122A.49; 2.1 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 2.2 122A.71; 122A.72; 122A.75; 123A.06, subdivision 3; 2.3 123A.07; 123A.15, subdivision 1; 123A.35; 123A.36; 2.4 123A.37; 123A.38; 123A.39, subdivisions 1, 2, 4; 2.5 123A.40; 123A.41, subdivisions 1, 4; 123A.43; 123B.02, 2.6 subdivisions 5, 6, 9, 10, 11, 13, 16; 123B.04, 2.7 subdivision 4; 123B.11; 123B.147, subdivisions 1, 3; 2.8 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 123B.40; 2.9 123B.49, subdivisions 2, 3; 123B.51, subdivisions 2, 2.10 3, 4; 123B.744; 123B.84; 123B.87; 123B.88, 2.11 subdivisions 11, 12, 13, 18, 20, 21, 22; 123B.93; 2.12 123B.95, subdivision 3; 124D.02, subdivisions 2, 3, 4; 2.13 124D.03, subdivisions 5, 7, 9, 10; 124D.06; 124D.07; 2.14 124D.081, subdivision 1; 124D.09, subdivisions 2, 8, 2.15 25, 26; 124D.10, subdivision 13; 124D.115, 2.16 subdivisions 1, 2; 124D.118, subdivision 1; 124D.12; 2.17 124D.121; 124D.122; 124D.123; 124D.124; 124D.125; 2.18 124D.126; 124D.127; 124D.128, subdivisions 1, 3, 5, 6; 2.19 124D.31; 124D.34, subdivision 5; 124D.43; 124D.46, 2.20 subdivision 3; 124D.47, subdivision 1; 124D.50, 2.21 subdivisions 1, 2, 3; 124D.60, subdivision 3; 124D.65, 2.22 subdivisions 8, 9, 10; 124D.68, subdivision 1; 2.23 124D.72; 124D.81, subdivision 7; 124D.88, subdivision 2.24 1; 124D.895; 124D.90, subdivision 5; 124D.91; 124D.92; 2.25 124D.93; 125B.02; 125B.07, subdivisions 1, 3, 5; 2.26 125B.09; 125B.11; 127A.05, subdivision 5; 127A.41, 2.27 subdivision 4; Minnesota Rules, parts 3505.4300; 2.28 3520.0400; 3530.2610; 3530.2612; 3530.2614; 3530.2616; 2.29 3530.2618; 3530.2620; 3530.2622; 3530.2624; 3530.2626; 2.30 3530.2628; 3530.2630; 3530.2632; 3530.2634; 3530.2636; 2.31 3530.2638; 3530.2640; 3530.2642; 3530.2644; 3545.0600; 2.32 3545.0700; 3545.0800; 3545.0900; 3550.0100. 2.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.34 ARTICLE 1 2.35 EDUCATION CODE; COMPULSORY ATTENDANCE 2.36 Section 1. Minnesota Statutes 2000, section 120A.05, is 2.37 amended by adding a subdivision to read: 2.38 Subd. 3a. [CHARTER SCHOOL.] "Charter school" means a 2.39 public school formed according to section 124D.10. 2.40 Sec. 2. Minnesota Statutes 2000, section 120A.05, is 2.41 amended by adding a subdivision to read: 2.42 Subd. 11a. [PUBLIC SCHOOL.] "Public school" means a school 2.43 that receives state funds, provides an education to students 2.44 needed to meet outcomes or standards determined by the state, 2.45 and is accountable for the services it provides to students. 2.46 Sec. 3. Minnesota Statutes 2000, section 120A.22, 2.47 subdivision 1, is amended to read: 2.48 Subdivision 1. [PARENTAL RESPONSIBILITY.] The parent of a 2.49 child is primarily responsible for assuring that the child 2.50 acquires knowledge and skills that are essential for effective 2.51 citizenship and that the child is enrolled in school or receives 3.1 other instruction. 3.2 Sec. 4. Minnesota Statutes 2000, section 120A.22, 3.3 subdivision 5, is amended to read: 3.4 Subd. 5. [AGES AND TERMS.] (a) Every child between seven 3.5 and 16 years of age must receive instruction. Every child under 3.6 the age of seven who is enrolled in a half-day kindergarten, or 3.7 a full-day kindergarten program on alternate days, or other 3.8 kindergarten programs shall receive instruction. Except as 3.9 provided in subdivision 6, a parent may withdraw a child under 3.10 the age of seven from enrollment at any time. 3.11 (b)A school district by annual board action may require3.12children subject to this subdivision to receive instruction in3.13summer school. A district that acts to require children to3.14receive instruction in summer school shall establish at the time3.15of its action the criteria for determining which children must3.16receive instructionIf a school board determines that some 3.17 students in the district must attend summer school, then the 3.18 truancy laws of chapters 260 and 260A apply to the students 3.19 required to attend summer school. 3.20 Sec. 5. [REPEALER.] 3.21 Minnesota Statutes 2000, section 120A.41, is repealed. 3.22 ARTICLE 2 3.23 CURRICULUM AND ASSESSMENT 3.24 Section 1. Minnesota Statutes 2000, section 120B.11, 3.25 subdivision 5, is amended to read: 3.26 Subd. 5. [REPORT.] (a) By October 1 of each year, the 3.27 school board shall use standard statewide reporting procedures 3.28 the commissioner develops and adopt a report that includes the 3.29 following: 3.30 (1) student performance goals for meeting state graduation 3.31 standards adopted for that year; 3.32 (2) results of local assessment data, and any additional 3.33 test data; 3.34 (3) the annual school district improvement plans; 3.35 (4) information about district and learning site progress 3.36 in realizing previously adopted improvement plans; and 4.1 (5) the amount and type of revenue attributed to each 4.2 education site as defined in section 123B.04. 4.3 (b) The school board shall publish the report in the local 4.4 newspaper with the largest circulation in the district or by 4.5 mail. The board shall make a copy of the report available to 4.6 the public for inspection. The board shall send a copy of the 4.7 report to the commissioner of children, families, and learning 4.8 by October 15 of each year. 4.9 (c) The title of the report shall contain the name and 4.10 number of the school district and read "Annual Report on 4.11 Curriculum, Instruction, and Student Performance."The report4.12must include at least the following information about advisory4.13committee membership:4.14(1) the name of each committee member and the date when4.15that member's term expires;4.16(2) the method and criteria the school board uses to select4.17committee members; and4.18(3) the date by which a community resident must apply to4.19next serve on the committee.4.20 Sec. 2. Minnesota Statutes 2000, section 120B.22, 4.21 subdivision 1, is amended to read: 4.22 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The 4.23 commissioner of children, families, and learning, in 4.24 consultation with the commissioners of health and human 4.25 services, state minority councils, battered women's and domestic 4.26 abuse programs, battered women's shelters, sexual assault 4.27 centers, representatives of religious communities, and the 4.28 assistant commissioner of the office of drug policy and violence 4.29 prevention, shall assist districts on request in developing or 4.30 implementing a violence prevention program for students in 4.31 kindergarten to grade 12 that can be integrated into existing 4.32 curriculum.The purpose of the program is to help students4.33learn how to resolve conflicts within their families and4.34communities in nonviolent, effective ways.4.35 (b) Each district is encouraged to integrate into its 4.36 existing curriculum a program for violence prevention that 5.1 includes at least: 5.2 (1) a comprehensive, accurate, and age appropriate 5.3 curriculum on violence prevention, nonviolent conflict 5.4 resolution, sexual, racial, and cultural harassment, and student 5.5 hazing that promotes equality, respect, understanding, effective 5.6 communication, individual responsibility, thoughtful decision 5.7 making, positive conflict resolution, useful coping skills, 5.8 critical thinking, listening and watching skills, and personal 5.9 safety; 5.10 (2) planning materials, guidelines, and other accurate 5.11 information on preventing physical and emotional violence, 5.12 identifying and reducing the incidence of sexual, racial, and 5.13 cultural harassment, and reducing child abuse and neglect; 5.14 (3) a special parent education component of early childhood 5.15 family education programs to prevent child abuse and neglect and 5.16 to promote positive parenting skills, giving priority to 5.17 services and outreach programs for at-risk families; 5.18 (4) involvement of parents and other community members, 5.19 including the clergy, business representatives, civic leaders, 5.20 local elected officials, law enforcement officials, and the 5.21 county attorney; 5.22 (5) collaboration with local community services, agencies, 5.23 and organizations that assist in violence intervention or 5.24 prevention, including family-based services, crisis services, 5.25 life management skills services, case coordination services, 5.26 mental health services, and early intervention services; 5.27 (6) collaboration among districts and service cooperatives; 5.28 (7) targeting early adolescents for prevention efforts, 5.29 especially early adolescents whose personal circumstances may 5.30 lead to violent or harassing behavior; 5.31 (8) opportunities for teachers to receive in-service 5.32 training or attend other programs on strategies or curriculum 5.33 designed to assist students in intervening in or preventing 5.34 violence in school and at home; and 5.35 (9) administrative policies that reflect, and a staff that 5.36 models, nonviolent behaviors that do not display or condone 6.1 sexual, racial, or cultural harassment or student hazing. 6.2(c) The department may provide assistance at a neutral site6.3to a nonpublic school participating in a district's program.6.4 Sec. 3. [REPEALER.] 6.5 Minnesota Statutes 2000, sections 120B.10; 120B.11, 6.6 subdivisions 3, 4, and 7; and 120B.24, are repealed. 6.7 ARTICLE 3 6.8 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 6.9 Section 1. Minnesota Statutes 2000, section 121A.06, is 6.10 amended to read: 6.11 121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 6.12 ZONES.] 6.13 Subdivision 1. [DEFINITIONS.] As used in this section: 6.14 (1) "dangerous weapon" has the meaning given it in section 6.15 609.02, subdivision 6; and 6.16 (2)"school" has the meaning given it in section 120A.22,6.17subdivision 4; and6.18(3)"school zone" has the meaning given it in section 6.19 152.01, subdivision 14a, clauses (1) and (3). 6.20 Subd. 2. [REPORTS; CONTENT.]By January 1, 1994,The 6.21 commissioner, in consultation with the criminal and juvenile6.22information policy group,shalldevelopmaintain a standardized 6.23 form to be used by schools to report incidents involving the use 6.24 or possession of a dangerous weapon in school zones.The form6.25shall include the following information:6.26(1) a description of each incident, including a description6.27of the dangerous weapon involved in the incident;6.28(2) where, at what time, and under what circumstances the6.29incident occurred;6.30(3) information about the offender, other than the6.31offender's name, including the offender's age; whether the6.32offender was a student and, if so, where the offender attended6.33school; and whether the offender was under school expulsion or6.34suspension at the time of the incident;6.35(4) information about the victim other than the victim's6.36name, if any, including the victim's age; whether the victim was7.1a student and, if so, where the victim attended school; and if7.2the victim was not a student, whether the victim was employed at7.3the school;7.4(5) the cost of the incident to the school and to the7.5victim; and7.6(6) the action taken by the school administration to7.7respond to the incident.7.8The commissioner also shall develop an alternative7.9reporting format that allows school districts to provide7.10aggregate data, with an option to use computer technology to7.11report the data.7.12 Subd. 3. [REPORTS; FILING REQUIREMENTS.] ByFebruary 1 and7.13 July 1 of each year, each school shall report incidents 7.14 involving the use or possession of a dangerous weapon in school 7.15 zones to the commissioner. The reports must be made on the 7.16 standardized forms or using the alternative format developed by 7.17 the commissioner under subdivision 2. The commissioner shall 7.18 compile the information it receives from the schools and report 7.19 it annually to the commissioner of public safety, the criminal 7.20 and juvenile information policy group, and the legislature. 7.21 Sec. 2. Minnesota Statutes 2000, section 121A.11, 7.22 subdivision 1, is amended to read: 7.23 Subdivision 1. [DISPLAYED BY SCHOOLS.] Every public school 7.24 in Minnesota must display an appropriate United States flag when 7.25 in session.The flag shall be displayed upon the school grounds7.26or outside the school building, on a proper staff, on every7.27legal holiday occurring during the school term and at such other7.28times as the board of the district may direct.The flag must be 7.29 displayed within the principal rooms of the school building at 7.30 all other times while school is in session. 7.31 Sec. 3. Minnesota Statutes 2000, section 121A.15, is 7.32 amended to read: 7.33 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 7.34 Subdivision 1. Except as provided in subdivisions 3, 4, 7.35 and 10, no person over two months old may be allowed to enroll 7.36 or remain enrolled in any elementary or secondary school or 8.1 child care facility in this state until the person has submitted 8.2 to the administratoror other person having general control and8.3supervision of the school or child care facility,one of the 8.4 following statements: 8.5 (1) a statement froma physician or a public clinic which8.6provides immunizationsan immunization provider stating that the 8.7 person has received immunization, consistent with medically 8.8 acceptable standards, against measles after having attained the 8.9 age of 12 months, rubella, diphtheria, tetanus, pertussis, 8.10 polio, mumps, haemophilus influenza type b, and hepatitis B; or 8.11 (2) a statement froma physician or a public clinic which8.12provides immunizationsan immunization provider stating that the 8.13 person has received immunizations, consistent with medically 8.14 acceptable standards, against measles after having attained the 8.15 age of 12 months, rubella, mumps, and haemophilus influenza type 8.16 b and that the person has commenced a schedule of immunizations 8.17 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 8.18 which indicates the month and year of each immunization received. 8.19 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 8.20 commenced a treatment schedule of immunization pursuant to 8.21 subdivision 1, clause (2), may remain enrolled in any child care 8.22 facility, elementary, or secondary school in this state after 18 8.23 months of enrollment unless there is submitted to the 8.24 administrator, or other person having general control and8.25supervision of the school or child care facility, a statement8.26from a physician or a public clinic which provides immunizations8.27 an immunization provider's statement that the person has 8.28 completed the primary schedule of immunizations for diphtheria, 8.29 tetanus, pertussis, polio, and hepatitis B. The statement must 8.30 include the month, day, and year of each additional immunization 8.31 received. For a child less than seven years of age, a primary 8.32 schedule of immunizations shall consist of four doses of vaccine 8.33 for diphtheria, tetanus, and pertussis and three doses of 8.34 vaccine for poliomyelitis and hepatitis B. For a child seven 8.35 years of age or older, a primary schedule of immunizations shall 8.36 consist of three doses of vaccine for diphtheria, tetanus, 9.1 polio, and hepatitis B as specified in subdivision 10. 9.2 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 9.3 is at least seven years old and has not been immunized against 9.4 pertussis, the person must not be required to be immunized 9.5 against pertussis. 9.6 (b) If a person is at least 18 years old and has not 9.7 completed a series of immunizations against poliomyelitis, the 9.8 person must not be required to be immunized against 9.9 poliomyelitis. 9.10 (c) If a statement, signed by a physician, is submitted to 9.11 the administratoror other person having general control and9.12supervision of the school or child care facilitystating that an 9.13 immunization is contraindicated for medical reasons or that 9.14 laboratory confirmation of the presence of adequate immunity 9.15 exists, the immunization specified in the statement need not be 9.16 required. 9.17 (d) If a notarized statement signed by the minor child's 9.18 parent or guardian or by the emancipated person is submitted to 9.19 the administratoror other person having general control and9.20supervision of the school or child care facilitystating that 9.21 the person has not been immunized as prescribed in subdivision 1 9.22 because of the conscientiously held beliefs of the parent or 9.23 guardian of the minor child or of the emancipated person, the 9.24 immunizations specified in the statement shall not be required. 9.25 This statement must also be forwarded to the commissioner of the 9.26 department of health. 9.27 (e) If the person is under 15 months, the person is not 9.28 required to be immunized against measles, rubella, or mumps. 9.29 (f) If a person is at least five years old and has not been 9.30 immunized against haemophilus influenza type b, the person is 9.31 not required to be immunized against haemophilus influenza type 9.32 b. 9.33 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 9.34 who is enrolling or enrolled in an elementary or secondary 9.35 school or child care facility may substitute a statement from 9.36 the emancipated person or a parent or guardian if the person is 10.1 a minor child in lieu of the statement froma physician or10.2public clinic which provides immunizationsan immunization 10.3 provider. If the statement is from a parent or guardian or 10.4 emancipated person, the statement must indicate the month and 10.5 year of each immunization given. 10.6 (b) In order for the statement to be acceptable for a 10.7 person who is enrolling in an elementary school and who is six 10.8 years of age or younger, it must indicate that the following was 10.9 given: no less than one dose of vaccine each for measles, 10.10 mumps, and rubellagiven separately or in combination; no less 10.11 than four doses of vaccine for poliomyelitis, unless the third 10.12 dose was given after the fourth birthday, then three doses are 10.13 minimum; no less than five doses of vaccine for diphtheria, 10.14 tetanus, and pertussis, unless the fourth dose was given after 10.15 the fourth birthday, then four doses are minimum; and no less 10.16 than three doses of vaccine for hepatitis B as specified in 10.17 subdivision 10. 10.18 (c) In order for the statement to be consistent with 10.19 subdivision 10 and acceptable for a person who is enrolling in 10.20 an elementary or secondary school and is age seven through age 10.21 19, the statement must indicate that the person has received no 10.22 less than one dose of vaccine each for measles, mumps, and 10.23 rubellagiven separately or in combination, and no less than 10.24 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 10.25 and hepatitis B. 10.26 (d) In order for the statement to be acceptable for a 10.27 person who is enrolling in a secondary school, and who was born 10.28 after 1956 and is 20 years of age or older, the statement must 10.29 indicate that the person has received no less than one dose of 10.30 vaccine each for measles, mumps, and rubellagiven separately or10.31in combination, and no less than one dose of vaccine for 10.32 diphtheria and tetanus within the preceding ten years. 10.33 (e) In order for the statement to be acceptable for a 10.34 person who is enrolling in a child care facility and who is at 10.35 least 15 months old but who has not reached five years of age, 10.36 it must indicate that the following were given: no less than 11.1 one dose of vaccine each for measles, mumps, and rubellagiven11.2separately or in combination; no less than one dose of vaccine 11.3 for haemophilus influenza type b; no less than four doses of 11.4 vaccine for diphtheria, tetanus, and pertussis; and no less than 11.5 three doses of vaccine for poliomyelitis. 11.6 (f) In order for the statement to be acceptable for a 11.7 person who is enrolling in a child care facility and who is five 11.8 or six years of age, it must indicate that the following was 11.9 given: no less than one dose of vaccine each for measles, 11.10 mumps, and rubellagiven separately or in combination; no less 11.11 than four doses of vaccine for diphtheria, tetanus, and 11.12 pertussis; and no less than three doses of vaccine for 11.13 poliomyelitis. 11.14 (g) In order for the statement to be acceptable for a 11.15 person who is enrolling in a child care facility and who is 11.16 seven years of age or older, the statement must indicate that 11.17 the person has received no less than one dose of vaccine each 11.18 for measles, mumps, and rubellagiven separately or in11.19combination and, consistent with subdivision 10, and no less 11.20 than three doses of vaccine for poliomyelitis, diphtheria, and 11.21 tetanus. 11.22(h) The commissioner of health, on finding that any of the11.23above requirements are not necessary to protect the public's11.24health, may suspend for one year that requirement.11.25 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 11.26 person transfers from one elementary or secondary school to 11.27 another, the school board of a public school district or the 11.28 administrator of a nonpublic school may allow the person up to a 11.29 maximum of 30 days to submit one or more of the statements as 11.30 specified in subdivision 1 or 3, during which time the person 11.31 may enroll in and attend the school. If a person enrolls in a 11.32 child care facility in which at least 75 percent of children in 11.33 the facility participate on a one-time only or occasional basis 11.34 to a maximum of 45 hours per child, per month, or is placed in a 11.35 facility by a crisis nursery, the person shall be exempt from 11.36 all requirements of this section for up to five consecutive 12.1 days, starting from the first day of attendance. 12.2 Subd. 6. [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 12.3 commissioner of health, on finding that an immunization required 12.4 pursuant to this section is not necessary to protect the 12.5 public's health, may suspend for one year the requirement that 12.6 children receive that immunization. 12.7 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 12.8 child care facility shall maintain on file immunization records 12.9 for all persons in attendance that contain the information 12.10 required by subdivisions 1, 2, and 3. The school shall maintain 12.11 the records for at least five years after the person attains the 12.12 age of majority. The department of health and the board of 12.13 health, as defined in section 145A.02, subdivision 2, in whose 12.14 jurisdiction the school or child care facility is located, shall 12.15 have access to the files maintained pursuant to this 12.16 subdivision. When a person transfers to another elementary or 12.17 secondary school or child care facility, the administratoror12.18other person having general control and supervision of the12.19school or child care facilityshall assist the person's parent 12.20 or guardian in the transfer of the immunization file to the 12.21 person's new school or child care facility within 30 days of the 12.22 transfer. Upon the request of a public or private 12.23 post-secondary educational institution, as defined in section 12.24 135A.14, the administratoror other person having general12.25control or supervision of a schoolshall assist in the transfer 12.26 of a student's immunization file to the post-secondary 12.27 institution. 12.28 Subd. 8. [REPORT.] The administratoror other person12.29having general control and supervision of the elementary or12.30secondary schoolshall file a report with the commissioner on 12.31 all persons enrolled in the school. The superintendent of each 12.32 district shall file a report with the commissioner for all 12.33 persons within the district receiving instruction in a home 12.34 school in compliance with sections 120A.22 and 120A.24. The 12.35 parent of persons receiving instruction in a home school shall 12.36 submit the statements as required by subdivisions 1, 2, 3, and 4 13.1 to the superintendent of the district in which the person 13.2 resides by October 1 of each school year. The school report 13.3 must be prepared on forms developed jointly by the commissioner 13.4 of health and the commissioner of children, families, and 13.5 learning and be distributed to the local districts by the 13.6 commissioner of health. The school report must state the number 13.7 of persons attending the school, the number of persons who have 13.8 not been immunized according to subdivision 1 or 2, and the 13.9 number of persons who received an exemption under subdivision 3, 13.10 clause (c) or (d). The school report must be filed with the 13.11 commissioner of children, families, and learning within 60 days 13.12 of the commencement of each new school term. Upon request, a 13.13 district must be given a 60-day extension for filing the school 13.14 report. The commissioner of children, families, and learning 13.15 shall forward the report, or a copy thereof, to the commissioner 13.16 of health who shall provide summary reports to boards of health 13.17 as defined in section 145A.02, subdivision 2. The administrator 13.18or other person having general control and supervision of the13.19child care facilityshall file a report with the commissioner of 13.20 human services on all persons enrolled in the child care 13.21 facility. The child care facility report must be prepared on 13.22 forms developed jointly by the commissioner of health and the 13.23 commissioner of human services and be distributed to child care 13.24 facilities by the commissioner of health. The child care 13.25 facility report must state the number of persons enrolled in the 13.26 facility, the number of persons with no immunizations, the 13.27 number of persons who received an exemption under subdivision 3, 13.28 clause (c) or (d), and the number of persons with partial or 13.29 full immunization histories. The child care facility report 13.30 must be filed with the commissioner of human services by 13.31 November 1 of each year. The commissioner of human services 13.32 shall forward the report, or a copy thereof, to the commissioner 13.33 of health who shall provide summary reports to boards of health 13.34 as defined in section 145A.02, subdivision 2. The report 13.35 required by this subdivision is not required of a family child 13.36 care or group family child care facility, for prekindergarten 14.1 children enrolled in any elementary or secondary school provided 14.2 services according to sections 125A.05 and 125A.06, nor for 14.3 child care facilities in which at least 75 percent of children 14.4 in the facility participate on a one-time only or occasional 14.5 basis to a maximum of 45 hours per child, per month. 14.6 Subd. 9. [DEFINITIONS.] As used in this section the 14.7 following terms have the meanings given them. 14.8 (a) "Elementary or secondary school" includes any public 14.9 school as defined in section 120A.05, subdivisions 9, 11, 13, 14.10 and 17, or nonpublic school, church, or religious organization, 14.11 or home school in which a child is provided instruction in 14.12 compliance with sections 120A.22 and 120A.24. 14.13 (b) "Person enrolled in any elementary or secondary school" 14.14 means a personborn after 1956 andenrolled in grades 14.15 kindergarten through 12, and a child with a disability receiving 14.16 special instruction and services as required insectionssection 14.17 125A.03to 125A.24 and 125A.65, excluding a child being provided 14.18 services according to section 125A.05, paragraph (c), or14.19125A.06, paragraph (d). 14.20 (c) "Child care facility" includes those child care 14.21 programs subject to licensure under chapter 245A, and Minnesota 14.22 Rules, chapters 9502 and 9503. 14.23 (d) "Family child care" means child care for no more than 14.24 ten children at one time of which no more than six are under 14.25 school age. The licensed capacity must include all children of 14.26 any caregiver when the children are present in the residence. 14.27 (e) "Group family child care" means child care for no more 14.28 than 14 children at any one time. The total number of children 14.29 includes all children of any caregiver when the children are 14.30 present in the residence. 14.31 (f) "Administrator" means any individual having general 14.32 control and supervision of a school or child care facility. 14.33 (g) "Immunization provider" means any physician, health 14.34 care provider, or public clinic that provides immunizations. 14.35 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 14.36 statement required to be submitted under subdivisions 1, 2, and 15.1 4 to document evidence of immunization shall include month, day, 15.2 and year for immunizations administered after January 1, 1990. 15.3 (a)For persons enrolled in grades 7 and 12 during the15.41996-1997 school term, the statement must indicate that the15.5person has received a dose of tetanus and diphtheria toxoid no15.6earlier than 11 years of age.15.7(b) Except as specified in paragraph (e), for persons15.8enrolled in grades 7, 8, and 12 during the 1997-1998 school15.9term, the statement must indicate that the person has received a15.10dose of tetanus and diphtheria toxoid no earlier than 11 years15.11of age.15.12(c)Except as specified in paragraph(e)(c), for persons 15.13 enrolled in grades 7 through 12 during the 1998-1999 school term 15.14 and for each year thereafter, the statement must indicate that 15.15 the person has received a dose of tetanus and diphtheria toxoid 15.16 no earlier than 11 years of age. 15.17(d)(b) For persons enrolled in grades 7 through 12during15.18the 1996-1997 school year and for each year thereafter, the 15.19 statement must indicate that the person has received at least 15.20 two doses of vaccine against measles, mumps, and rubella,given15.21alone or separatelyand given not less than one month apart. 15.22(e)(c) A person who has received at least three doses of 15.23 tetanus and diphtheria toxoids, with the most recent dose given 15.24 after age six and before age 11, is not required to have 15.25 additional immunization against diphtheria and tetanus until ten 15.26 years have elapsed from the person's most recent dose of tetanus 15.27 and diphtheria toxoid. 15.28(f)(d) The requirement for hepatitis B vaccination shall 15.29 apply to persons enrolling in kindergarten beginning with the 15.30 2000-2001 school term. 15.31(g)(e) The requirement for hepatitis B vaccination shall 15.32 apply to persons enrolling in grade 7 beginning with the 15.33 2001-2002 school term. 15.34 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 15.35 RESPONSIBILITIES.] Nothing in this section relieves the 15.36 commissioner of human services of the responsibility, under 16.1 chapter 245A, to inspect and assure that statements required by 16.2 this section are on file at child care programs subject to 16.3 licensure. 16.4 Sec. 4. Minnesota Statutes 2000, section 121A.26, is 16.5 amended to read: 16.6 121A.26 [SCHOOL PREASSESSMENT TEAMS.] 16.7 Every public school, and every nonpublic school that 16.8 participates in a school district chemical abuse program shall 16.9 establish a chemical abuse preassessment team. The 16.10 preassessment team must be composed of classroom teachers, 16.11 administrators, and to the extent they exist in each school, 16.12 school nurse, school counselor or psychologist, social worker, 16.13 chemical abuse specialist, and other appropriate professional 16.14 staff. The superintendents or their designees shall designate 16.15 the team members in the public schools. The preassessment team 16.16 is responsible for addressing reports of chemical abuse problems 16.17 and making recommendations for appropriate responses to the 16.18 individual reported cases. Districts shall adopt a process for 16.19 addressing reports of chemical abuse problems. 16.20Within 45 days after receiving an individual reported case,16.21the preassessment team shall make a determination whether to16.22provide the student and, in the case of a minor, the student's16.23parents with information about school and community services in16.24connection with chemical abuse. Data may be disclosed without16.25consent in health and safety emergencies pursuant to section16.2613.32 and applicable federal law and regulations.16.27Notwithstanding section 138.163, destruction of records16.28identifying individual students shall be governed by this16.29section. If the preassessment team decides not to provide a16.30student and, in the case of a minor, the student's parents with16.31information about school or community services in connection16.32with chemical abuse, records created or maintained by the16.33preassessment team about the student shall be destroyed not16.34later than six months after the determination is made. If the16.35preassessment team decides to provide a student and, in the case16.36of a minor, the student's parents with information about school17.1or community services in connection with chemical abuse, records17.2created or maintained by the preassessment team about the17.3student shall be destroyed not later than six months after the17.4student is no longer enrolled in the district.17.5 Sec. 5. Minnesota Statutes 2000, section 121A.27, is 17.6 amended to read: 17.7 121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 17.8 The superintendent, with the advice of the school board, 17.9 shall establish a school and community advisory team to address 17.10 chemical abuse problems in the district.The school and17.11community advisory team must be composed of representatives from17.12the school preassessment team established in section 121A.26, to17.13the extent possible, law enforcement agencies, county attorney's17.14office, social service agencies, chemical abuse treatment17.15programs, parents, and the business community. The community17.16advisory team shall:17.17(1) build awareness of the problem within the community,17.18identify available treatment and counseling programs for17.19students and develop good working relationships and enhance17.20communication between the schools and other community agencies;17.21and17.22(2) develop a written procedure clarifying the notification17.23process to be used by the chemical abuse preassessment team17.24established under section 121A.26 when a student is believed to17.25be in possession of or under the influence of alcohol or a17.26controlled substance. The procedure must include contact with17.27the student, and the student's parents or guardian in the case17.28of a minor student.17.29 Sec. 6. Minnesota Statutes 2000, section 121A.28, is 17.30 amended to read: 17.31 121A.28 [LAW ENFORCEMENT RECORDS.] 17.32 A law enforcement agency shall provide notice of any drug 17.33 incident occurring within the agency's jurisdiction, in which 17.34 the agency has probable cause to believe a student violated 17.35 section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 17.36 152.097, or 340A.503, subdivision 1, 2, or 3. The notice shall 18.1 be in writing and shall be provided, within two weeks after an 18.2 incident occurs, to thechemical abuse preassessment team in the18.3 school where the student is enrolled. 18.4 Sec. 7. Minnesota Statutes 2000, section 121A.29, 18.5 subdivision 1, is amended to read: 18.6 Subdivision 1. [TEACHER'S DUTY.] A teacher in a nonpublic 18.7 school participating in a school district chemical use program, 18.8 or a public school teacher, who knows or has reason to believe 18.9 that a student is using, possessing, or transferring alcohol or 18.10 a controlled substance while on the school premises or involved 18.11 in school-related activities, shall immediately notify 18.12 theschool's chemical abuse preassessment teamschool of this 18.13 information. A teacher who complies with this section shall be 18.14 defended and indemnified under section 466.07, subdivision 1, in 18.15 any action for damages arising out of the compliance. 18.16 Sec. 8. Minnesota Statutes 2000, section 121A.32, 18.17 subdivision 1, is amended to read: 18.18 Subdivision 1. [REQUIREMENT TO WEAR EYE PROTECTIVE 18.19 DEVICES.] (a) As a condition of enrollment in a course or 18.20 activity, everypersonstudent shall wear industrial quality eye 18.21 protective devices when participating in, observing or 18.22 performing any function in connection with,anycourses or 18.23 activities taking place in eye protection areas, as defined in 18.24 subdivision 3, of anyschool, college, university or other18.25educationalelementary or secondary institution in the state. 18.26 (b) Industrial quality eye protective devices are defined 18.27 as those meeting the standards of the American National 18.28 Standards Institute, currently identified as ANSI 287.1-1968. 18.29 (c) Any student failing to comply with this requirement may 18.30 be temporarily suspended from participation in that activity. 18.31 Repeated failure to comply with this requirement shall result in 18.32 cancellation of the student from the activity or course. 18.33 Sec. 9. Minnesota Statutes 2000, section 121A.34, is 18.34 amended to read: 18.35 121A.34 [SCHOOL SAFETY PATROLS.] 18.36 Subdivision 1. [ESTABLISHMENT.]In the exercise of19.1authorized control and supervision over pupils attending schools19.2and other educational institutions, both public and private,The 19.3 governing board or other directing authority of anysuchschool 19.4 or institution is empowered to authorize the organization and 19.5 supervision of school safety patrols for the purpose of 19.6 influencing and encouraging other pupils to refrain from 19.7 crossing public highways at points other than regular crossings 19.8 and for the purpose of directing pupils when and where to cross 19.9 highways. 19.10 Subd. 2. [APPOINTMENT OF MEMBERS.]Unless the parents or19.11guardian of a pupil object in writing to the school authorities19.12to the appointment of the pupil on a school safety patrol, it is19.13lawful for anyA pupil over nine yearsof age toold may be 19.14 appointedand designated as a member ofto the patrolin any19.15school in which. If there are no pupilswho have attained such19.16ageat least nine years old, then any pupil in the highest grade 19.17thereinin that school may besoappointedand19.18designated. The pupil's parent or guardian may object to the 19.19 appointment in writing to school authorities. School 19.20 authorities may also appoint and designate nonpupil adults as 19.21 members of a school safety patrol on a voluntary or for-hire 19.22 basis. 19.23 Subd. 3. [LIABILITY NOT TO ATTACH.]No liability shall19.24attach either to theA school, educational institution, 19.25 governing board, directing authority, or any individual 19.26 director, board member, superintendent, principal, teacher, or 19.27 other school authority by virtue of the organization, 19.28 maintenance, or operation ofsucha school safety patrol shall 19.29 not be liable because of injuries sustained by any pupil, 19.30 whether a member of the patrol or otherwiseby reason ofdue to 19.31 the operation and maintenance of the patrol. 19.32 Subd. 4. [IDENTIFY, OPERATION.] Identification and 19.33 operation of school safety patrols shall be uniform throughout 19.34 the state and the method of identification and signals to be 19.35 used shall be as prescribed by the commissioner of public 19.36 safety.School safety patrol members may wear fluorescent20.1reflective vests.20.2 Sec. 10. Minnesota Statutes 2000, section 121A.55, is 20.3 amended to read: 20.4 121A.55 [POLICIES TO BE ESTABLISHED.] 20.5 (a) The commissioner of children, families, and learning 20.6 shall promulgate guidelines to assist each school board. Each 20.7 school board shall establish uniform criteria for dismissal and 20.8 adopt written policies and rules to effectuate the purposes of 20.9 sections 121A.40 to 121A.56. The policies shall emphasize 20.10 preventing dismissals through early detection of problems and 20.11 shall be designed to address students' inappropriate behavior 20.12 from recurring. The policies shall recognize the continuing 20.13 responsibility of the school for the education of the pupil 20.14 during the dismissal period. The alternative educational 20.15 services, if the pupil wishes to take advantage of them, must be 20.16 adequate to allow the pupil to make progress towards meeting the 20.17 graduation standards adopted under section 120B.02 and help 20.18 prepare the pupil for readmission. 20.19 (b) An area learning center under section 123A.05 may not 20.20 prohibit an expelled or excluded pupil from enrolling solely 20.21 because a district expelled or excluded the pupil. The board of 20.22 the area learning center may use the provisions of the Pupil 20.23 Fair Dismissal Act to exclude a pupil or to require an admission 20.24 plan. 20.25(c) The commissioner shall actively encourage and assist20.26school districts to cooperatively establish alternative20.27educational services within school buildings or at alternative20.28program sites that offer instruction to pupils who are dismissed20.29from school for willfully engaging in dangerous, disruptive, or20.30violent behavior, including for possessing a firearm in a school20.31zone.20.32 Sec. 11. Minnesota Statutes 2000, section 121A.69, 20.33 subdivision 3, is amended to read: 20.34 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 20.35 adopt a written policy governing student or staff hazing. The 20.36 policy must apply to student behavior that occurs on or off 21.1 school property and during and after school hours.The policy21.2must include reporting procedures and disciplinary consequences21.3for violating the policy. Disciplinary consequences must be21.4sufficiently severe to deter violations and appropriately21.5discipline prohibited behavior. Disciplinary consequences must21.6conform with sections 121A.41 to 121A.56. Each school must21.7include the policy in the student handbook on school policies.21.8 Sec. 12. [REPEALER.] 21.9 Minnesota Statutes 2000, sections 121A.03, subdivision 3; 21.10 121A.11, subdivision 2; 121A.16; 121A.32, subdivisions 2, 4, and 21.11 5; and 121A.41, subdivision 3, are repealed. 21.12 ARTICLE 4 21.13 TEACHERS AND OTHER EDUCATORS 21.14 Section 1. Minnesota Statutes 2000, section 122A.09, 21.15 subdivision 6, is amended to read: 21.16 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 21.17 secretary of the board of teaching shall keep a record of the 21.18 proceedings of and a register of all persons licensed pursuant 21.19 to the provisions of this chapter.The register must show the21.20name, address, license number and the renewal of the license.21.21The board must on July 1, of each year or as soon thereafter as21.22is practicable, compile a list of such duly licensed teachers21.23and transmit a copy of the list to the board.A copy of the 21.24 register must be available during business hours at the office 21.25 of the board to any interested person. 21.26 Sec. 2. Minnesota Statutes 2000, section 122A.15, is 21.27 amended to read: 21.28 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 21.29 DEFINITIONS, LICENSURE.] 21.30 Subdivision 1. [TEACHERS.] The term "teachers" for the 21.31 purpose of licensure, means all persons employed in a public 21.32 school or education district or by a service cooperative as 21.33 members of the instructional, supervisory, and support staff 21.34 including superintendents, principals, supervisors, secondary 21.35 vocational and other classroom teachers, librarians, counselors, 21.36 school psychologists, school nurses, school social workers, 22.1 audio-visual directors and coordinators, recreation personnel, 22.2 media generalists, media supervisors, andspeech therapists22.3 educational speech-language pathologists. 22.4 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 22.5 for the purpose of licensure means superintendents, principals, 22.6 and professional employees who devote 50 percent or more of 22.7 their time to administrative or supervisory duties over other 22.8 personnel, and includes athletic coaches. 22.9 Sec. 3. Minnesota Statutes 2000, section 122A.22, is 22.10 amended to read: 22.11 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 22.12 No person shall be accounted a qualified teacher until the 22.13 person has filed either a teaching license for record or a 22.14 certified copy of a teaching license with the district 22.15 superintendent where the person intends to teacha license, or22.16certified copy of a license, authorizing the person to teach22.17school in the district school system. 22.18 Sec. 4. Minnesota Statutes 2000, section 122A.40, 22.19 subdivision 3, is amended to read: 22.20 Subd. 3. [HIRING, DISMISSING.] School boards must hire or 22.21 dismiss teachers atdulyappropriately called meetings.Where a22.22husband and wife, brother and sister, or two brothers or22.23sisters, constitute a quorum, no contract employing a teacher22.24shall be made or authorized except upon the unanimous vote of22.25the full board. A teacher related by blood or marriage, within22.26the fourth degree, computed by the civil law, to a board member22.27shall not be employed except by a unanimous vote of the full22.28board.The initial employment of the teacher in the district 22.29 must be by written contract, signed by the teacher and by the 22.30 chair and clerk. All subsequent employment of the teacher in 22.31 the district must be by written contract, signed by the teacher 22.32 and by the chair and clerk, except where there is a master 22.33 agreement covering the employment of the teacher. Contracts for 22.34 teaching or supervision of teaching can be made only with 22.35 qualified teachers.A teacher shall not be required to reside22.36within the employing district as a condition to teaching23.1employment or continued teaching employment.23.2 Sec. 5. Minnesota Statutes 2000, section 122A.40, 23.3 subdivision 5, is amended to read: 23.4 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 23.5 consecutive years of a teacher's first teaching experience in 23.6 Minnesota in a single district is deemed to be a probationary 23.7 period of employment, and after completion thereof, the 23.8 probationary period in each district in which the teacher is 23.9 thereafter employed shall be one year. The school board must 23.10 adopt a plan for written evaluation of teachers during the 23.11 probationary period. Evaluation must occur at least three times 23.12 each year for a teacher performing services on 120 or more 23.13 school days, at least two times each year for a teacher 23.14 performing services on 60 to 119 school days, and at least one 23.15 time each year for a teacher performing services on fewer than 23.16 60 school days. Days devoted to parent-teacher conferences, 23.17 teachers' workshops, and other staff development opportunities 23.18 and days on which a teacher is absent from school must not be 23.19 included in determining the number of school days on which a 23.20 teacher performs services. Except as otherwise provided in 23.21 paragraph (b), during the probationary period any annual 23.22 contract with any teacher may or may not be renewed as the 23.23 school board shall see fit.However,The board must give any 23.24suchprobationary teacher whose contract it declines to renew 23.25 for the following school year written notice to that effect 23.26 before July 1. If the teacher requests reasons for any 23.27 nonrenewal of a teaching contract, the board must give the 23.28 teacher its reason in writing, including a statement that 23.29 appropriate supervision was furnished describing the nature and 23.30 the extent of such supervision furnished the teacher during the 23.31 employment by the board, within ten days after receiving such 23.32 request. The school board may, after a hearing held upon due 23.33 notice, discharge a teacher during the probationary period for 23.34 cause, effective immediately, under section 122A.44. 23.35 (b) A board must discharge a probationary teacher, 23.36 effective immediately, upon receipt of notice under section 24.1 122A.20, subdivision 1, paragraph (b), that the teacher's 24.2 license has been revoked due to a conviction for child abuse or 24.3 sexual abuse. 24.4 Sec. 6. Minnesota Statutes 2000, section 122A.40, 24.5 subdivision 8, is amended to read: 24.6 Subd. 8. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 24.7 school board and an exclusive representative of the teachers in 24.8 the district shall develop a peer review process for continuing 24.9 contract teachers and probationary teachers through joint 24.10 agreement. 24.11 Sec. 7. Minnesota Statutes 2000, section 122A.40, 24.12 subdivision 19, is amended to read: 24.13 Subd. 19. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 24.14 EXPUNGEMENT.] All evaluations and files generated within a 24.15 school district relating to each individual teacher must be 24.16 available to each individual teacher upon written request. 24.17 Effective January 1, 1976, all evaluations and files, wherever 24.18 generated, relating to each individual teacher must be available 24.19 to each individual teacher upon written request. The teacher 24.20 shall have the right to reproduce any of the contents of the 24.21 filesat the teacher's expenseand to submit for inclusion in 24.22 the file written information in response to any material 24.23 contained therein. 24.24 A district may destroy the files as provided by law and 24.25 must expunge from the teacher's file any material found to be 24.26 false or inaccurate through the grievance procedure required 24.27 pursuant to section 179A.20, subdivision 4. The grievance 24.28 procedure promulgated by the director of the bureau of mediation 24.29 services, pursuant to section 179A.04, subdivision 3, clause 24.30 (h), applies to those principals and supervisory employees not 24.31 included in an appropriate unit as defined in section 179A.03. 24.32 Expungement proceedings must be commenced within the time period 24.33 provided in the collective bargaining agreement for the 24.34 commencement of a grievance. If no time period is provided in 24.35 the bargaining agreement, the expungement proceedings must 24.36 commence within 15 days after the teacher has knowledge of the 25.1 inclusion in the teacher's file of the material the teacher 25.2 seeks to have expunged. 25.3 Sec. 8. Minnesota Statutes 2000, section 122A.41, 25.4 subdivision 15, is amended to read: 25.5 Subd. 15. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 25.6 EXPUNGEMENT.] All evaluations and files generated within a 25.7 district relating to each individual teacher must be available 25.8 to each individual teacher upon the teacher's written request. 25.9 Effective January 1, 1976, all evaluations and files, wherever 25.10 generated, relating to each individual teacher must be available 25.11 to each individual teacher upon the teacher's written request. 25.12 The teacher has the right to reproduce any of the contents of 25.13 the filesat the teacher's expenseand to submit for inclusion 25.14 in the file written information in response to any material 25.15 contained therein. 25.16 A district may destroy the files as provided by law and 25.17 must expunge from the teacher's file any material found to be 25.18 false or substantially inaccurate through the grievance 25.19 procedure required pursuant to section 179A.20, subdivision 4. 25.20 The grievance procedure promulgated by the director of the 25.21 bureau of mediation services, pursuant to section 179A.04, 25.22 subdivision 3, clause (h), applies to those principals and 25.23 supervisory employees not included in an appropriate unit as 25.24 defined in section 179A.03. Expungement proceedings must be 25.25 commenced within the time period provided in the collective 25.26 bargaining agreement for the commencement of a grievance. If no 25.27 time period is provided in the bargaining agreement, the 25.28 expungement proceedings must commence within 15 days after the 25.29 teacher has knowledge of the inclusion in the teacher's file of 25.30 the material the teacher seeks to have expunged. 25.31 Sec. 9. [122A.455] [TEACHER CONTRACTS.] 25.32 The school board and the exclusive bargaining 25.33 representative of the teachers must negotiate, if applicable: 25.34 (1) short-term, limited contracts; 25.35 (2) summer school contracts; 25.36 (3) sabbatical leave; 26.1 (4) faculty and staff exchange programs; and 26.2 (5) temporary assignments. 26.3 Sec. 10. Minnesota Statutes 2000, section 122A.51, is 26.4 amended to read: 26.5 122A.51 [TEACHER LUNCH PERIOD.] 26.6 A teacher must be provided with a duty-free lunch period, 26.7 scheduled according toschool board policy ornegotiated 26.8 agreement. 26.9 Sec. 11. Minnesota Statutes 2000, section 122A.58, 26.10 subdivision 1, is amended to read: 26.11 Subdivision 1. [TERMINATION; HEARING.] Before a district 26.12 terminates the coaching duties of an employee who isrequired to26.13hold a license as an athletic coach from the commissioner of26.14children, families, and learninga head varsity coach of an 26.15 interscholastic sport at the secondary school level, the 26.16 district must notify the employee in writing and state its 26.17 reason for the proposed termination. Within 14 days of 26.18 receiving this notification, the employee may request in writing 26.19 a hearing on the termination before the commissioner. If a 26.20 hearing is requested, the commissioner must hold a hearing 26.21 within 25 days according to the hearing procedures specified in 26.22 section 122A.40, subdivision 14, and the termination is final 26.23 upon the order of the commissioner after the hearing. 26.24 Sec. 12. Minnesota Statutes 2000, section 122A.60, 26.25 subdivision 1, is amended to read: 26.26 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 26.27 board must use the revenue authorized in section 122A.61 for 26.28 in-service education for programs under section 120B.22,26.29subdivision 2,or for staff development plans under this 26.30 section. The board must establish an advisory staff development 26.31 committee to develop the plan, assist site professional 26.32 development teams in developing a site plan consistent with the 26.33 goals of the plan, and evaluate staff development efforts at the 26.34 site level. A majority of the advisory committee and the site 26.35 professional development team must be teachers representing 26.36 various grade levels, subject areas, and special education. The 27.1 advisory committee must also include nonteaching staff, parents, 27.2 and administrators. Districts must report staff development 27.3results andexpenditures to the commissioner in the form and 27.4 manner determined by the commissioner. The expenditure report 27.5 must include expenditures by the board for district level 27.6 activities and expenditures made by the staff. The report must 27.7 provide a breakdown of expenditures for (1) curriculum 27.8 development and programs, (2) in-service education, workshops, 27.9 and conferences, and (3) the cost of teachers or substitute 27.10 teachers for staff development purposes. Within each of these 27.11 categories, the report must also indicate whether the 27.12 expenditures were incurred at the district level or the school 27.13 site level, and whether the school site expenditures were made 27.14 possible by the grants to school sites that demonstrate 27.15 exemplary use of allocated staff development revenue. These 27.16 expenditures are to be reported using the UFARS system. The 27.17 commissioner shall report the staff development expenditure data 27.18 to the education committees of the legislature by February 15 27.19 each year. 27.20 Sec. 13. Minnesota Statutes 2000, section 122A.68, 27.21 subdivision 1, is amended to read: 27.22 Subdivision 1. [ESTABLISHMENT.] A school district with a 27.23 teaching residency plan approved by the board of teaching may 27.24 hire graduates of approved Minnesota teacher preparation 27.25 programs as teaching residents. A district shall employ each 27.26 resident for one school year. The district and the resident may 27.27 agree to extend the residency for one additional school year. A 27.28 school may employ no more than one teaching resident for every 27.29 eight full-time equivalent licensed teachers.No more than 60027.30eligible teachers may be employed as teacher residents in any27.31one school year.27.32 Sec. 14. Minnesota Statutes 2000, section 122A.68, 27.33 subdivision 7, is amended to read: 27.34 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 27.35 board of teaching mustdevelopmaintain for teachers of students 27.36 in prekindergarten through grade 12, model teaching residency 28.1 outcomes and assessments, and mentoring programs. 28.2 Sec. 15. Minnesota Statutes 2000, section 122A.69, is 28.3 amended to read: 28.4 122A.69 [PRACTICE ORSTUDENT TEACHERS.] 28.5 The board may, by agreements with teacher preparing 28.6 institutions, arrange for classroom experience in the district 28.7 forpractice orstudent teachers who have completed not less 28.8 than two years of an approved teacher education program.Such28.9practiceStudent teachers must be provided with appropriate 28.10 supervision by a fully qualified teacher under rules promulgated 28.11 by the board.PracticeStudent teachers are deemed employees of 28.12 the school district in which they are rendering services for 28.13 purposes of workers' compensation; liability insurance, if 28.14 provided for other district employees in accordance with section 28.15 123B.23; and legal counsel in accordance with the provisions of 28.16 section 123B.25. 28.17 Sec. 16. Minnesota Statutes 2000, section 122A.70, 28.18 subdivision 2, is amended to read: 28.19 Subd. 2. [APPLICATIONS.] The board of teaching must make 28.20 application forms available to sites interested in developing or 28.21 expanding a mentorship program. A school district, a group of 28.22 school districts, or a coalition of districts, teachers and 28.23 teacher education institutions may apply for a teacher 28.24 mentorship program grant. The board of teaching, in28.25consultation with the teacher mentoring task force,must approve 28.26 or disapprove the applications. To the extent possible, the 28.27 approved applications must reflect effective mentoring 28.28 components, include a variety of coalitions and be 28.29 geographically distributed throughout the state. The board of 28.30 teaching must encourage the selected sites to consider the use 28.31 of its assessment procedures. 28.32 Sec. 17. Minnesota Statutes 2000, section 122A.91, is 28.33 amended to read: 28.34 122A.91 [DESIGNATED STATE OFFICIAL.] 28.35 For the purposes of the agreement set forth in section 28.36 122A.90, the designated state official for this state is the 29.1commissioner of children, families, and learningexecutive 29.2 secretary of the board of teaching. 29.3 Sec. 18. Minnesota Statutes 2000, section 122A.92, is 29.4 amended to read: 29.5 122A.92 [RECORD OF CONTRACTS.] 29.6 Two copies of all contracts made on behalf of this state 29.7 pursuant to the agreement set forth in section 122A.90 must be 29.8 kept on file in the office of thecommissioner of children,29.9families, and learningboard of teaching. 29.10 Sec. 19. [REVISOR INSTRUCTION.] 29.11 In the next and subsequent editions of Minnesota Statutes 29.12 and Minnesota Rules, the revisor of statutes shall renumber 29.13 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 29.14 Statutes, section 124D.311. The revisor shall also make 29.15 necessary cross-reference changes consistent with the 29.16 renumbering. 29.17 Sec. 20. [REPEALER.] 29.18 Minnesota Statutes 2000, sections 122A.162; 122A.19, 29.19 subdivision 2; 122A.32; 122A.33; 122A.40, subdivision 6; 29.20 122A.42; 122A.43, subdivisions 1, 2, 3, 4, and 6; 122A.45; 29.21 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 29.22 122A.71; 122A.72; and 122A.75, are repealed. 29.23 ARTICLE 5 29.24 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 29.25 Section 1. Minnesota Statutes 2000, section 123A.06, 29.26 subdivision 1, is amended to read: 29.27 Subdivision 1. [PROGRAM FOCUS.](a) The programs and29.28services of a center must focus on academic and learning skills,29.29applied learning opportunities, trade and vocational skills,29.30work-based learning opportunities, work experience, youth29.31service to the community, transition services, and English29.32language and literacy programs for children whose primary29.33language is a language other than English. Applied learning,29.34work-based learning, and service learning may best be developed29.35in collaboration with a local education and transitions29.36partnership, culturally based organizations, mutual assistance30.1associations, or other community resources. In addition to30.2offering programs, the center shall coordinate the use of other30.3available educational services, special education services,30.4social services, health services, and post-secondary30.5institutions in the community and services area.30.6(b)Consistent with the requirements of sections 121A.40 to 30.7 121A.56, a school district may provide an alternative education 30.8 program for a student who is within the compulsory attendance 30.9 age under section 120A.20, and who is involved in severe or 30.10 repeated disciplinary action. 30.11 Sec. 2. [REPEALER.] 30.12 (a) Minnesota Statutes 2000, sections 123A.06, subdivision 30.13 3; 123A.07; 123A.15, subdivision 1; 123A.35; 123A.36; 123A.37; 30.14 123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 123A.41, 30.15 subdivision 1; and 123A.43, are repealed. 30.16 (b) Minnesota Statutes 2000, section 123A.41, subdivision 30.17 4, is repealed effective July 1, 2002. 30.18 ARTICLE 6 30.19 SCHOOL DISTRICT POWERS AND DUTIES 30.20 Section 1. Minnesota Statutes 2000, section 123B.02, 30.21 subdivision 1, is amended to read: 30.22 Subdivision 1. [BOARD AUTHORITY.] The board must have the 30.23 general charge of the business of the district, the school 30.24 houses, and of the interests of the schools thereof. The 30.25 board's authority to govern, manage, and control the district; 30.26 to carry out its duties and responsibilities; and to conduct the 30.27 business of the district includes implied powers in addition to 30.28 any specific powers granted by the legislature. 30.29 Sec. 2. Minnesota Statutes 2000, section 123B.02, 30.30 subdivision 2, is amended to read: 30.31 Subd. 2. [FACILITIES FOR SCHOOL-AGE CHILDREN.] It is the 30.32 duty and the function of the district to furnish school 30.33 facilities to every child of school age residing in any part of 30.34 the district. The board may establish and organize and alter 30.35 and discontinue such grades or schools as it may deem advisable 30.36 and assign to each school and grade a proper number of pupils. 31.1The board shall provide free textbooks for the pupils of the31.2district.31.3 Sec. 3. Minnesota Statutes 2000, section 123B.02, 31.4 subdivision 3, is amended to read: 31.5 Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL 31.6 SUPPORT.] (a) A district must not be required by any type of 31.7 formal or informal agreement except an agreement to provide 31.8 building space according to paragraph (f), including a joint 31.9 powers agreement, or membership in any cooperative unit defined 31.10 in section 123A.24, subdivision 2, to participate in or provide 31.11 financial support for the purposes of the agreement for a time 31.12 period in excess of four fiscal years, or the time period set 31.13 forth in this subdivision. Any agreement, part of an agreement, 31.14 or other type of requirement to the contrary is void. This 31.15 paragraph applies only to agreements entered into between July 31.16 1, 1993, and June 30, 1999. 31.17 (b) This subdivision shall not affect the continued 31.18 liability of a district for its share of bonded indebtedness or 31.19 other debt incurred as a result of any agreement before July 1, 31.20 1993. The district is liable only until the obligation or debt 31.21 is discharged and only according to the payment schedule in 31.22 effect on July 1, 1993, except that the payment schedule may be 31.23 altered for the purpose of restructuring debt or refunding bonds 31.24 outstanding on July 1, 1993, if the annual payments of the 31.25 district are not increased and if the total obligation of the 31.26 school district for its share of outstanding bonds or other debt 31.27 is not increased. 31.28 (c) To cease participating in or providing financial 31.29 support for any of the services or activities relating to the 31.30 agreement or to terminate participation in the agreement, the 31.31 board must adopt a resolution and notify other parties to the 31.32 agreement of its decision on or before February 1 of any year. 31.33 The cessation or withdrawal shall be effective June 30 of the 31.34 same year except that for a member of an education district 31.35 organized under sections 123A.15 to 123A.19 or an intermediate 31.36 district organized under chapter 136D, cessation or withdrawal 32.1 shall be effective June 30 of the following fiscal year. At the 32.2 option of the board, cessation or withdrawal may be effective 32.3 June 30 of the following fiscal year for a district 32.4 participating in any type of agreement. 32.5 (d) Before issuing bonds or incurring other debt, the 32.6 governing body responsible for implementing the agreement must 32.7 adopt a resolution proposing to issue bonds or incur other debt 32.8 and the proposed financial effect of the bonds or other debt 32.9 upon each participating district. The resolution must be 32.10 adopted within a time sufficient to allow the board to adopt a 32.11 resolution within the time permitted by this paragraph and to 32.12 comply with the statutory deadlines set forth in sections 32.13 122A.40, 122A.41, and 123A.33. The governing body responsible 32.14 for implementing the agreement shall notify each participating 32.15 board of the contents of the resolution. Within 120 days of 32.16 receiving the resolution of the governing body, the school board 32.17 of the participating district shall adopt a resolution stating: 32.18 (1) its concurrence with issuing bonds or incurring other 32.19 debt; 32.20 (2) its intention to cease participating in or providing 32.21 financial support for the service or activity related to the 32.22 bonds or other debt; or 32.23 (3) its intention to terminate participation in the 32.24 agreement. 32.25 A board adopting a resolution according to clause (1) is 32.26 liable for its share of bonded indebtedness or other debt as 32.27 proposed by the governing body implementing the agreement. A 32.28 school board adopting a resolution according to clause (2) is 32.29 not liable for the bonded indebtedness or other debt, as 32.30 proposed by the governing body, related to the services or 32.31 activities in which the district ceases participating or 32.32 providing financial support. A board adopting a resolution 32.33 according to clause (3) is not liable for the bonded 32.34 indebtedness or other debt proposed by the governing body 32.35 implementing the agreement. 32.36 (e)After July 1, 1993,A district is liable according to 33.1 paragraph (d) for its share of bonded indebtedness or other debt 33.2 incurred by the governing body implementing the agreement to the 33.3 extent that the bonds or other debt are directly related to the 33.4 services or activities in which the district participates or for 33.5 which the district provides financial support. The district has 33.6 continued liability only until the obligation or debt is 33.7 discharged and only according to the payment schedule in effect 33.8 at the time the governing body implementing the agreement 33.9 provides notice to the school board, except that the payment 33.10 schedule may be altered for the purpose of refunding the 33.11 outstanding bonds or restructuring other debt if the annual 33.12 payments of the district are not increased and if the total 33.13 obligation of the district for the outstanding bonds or other 33.14 debt is not increased. 33.15 (f) A district that is a member of a cooperative unit as 33.16 defined in section 123A.24, subdivision 2, may obligate itself 33.17 to participate in and provide financial support for an agreement 33.18 with a cooperative unit to provide school building space for a 33.19 term not to exceed two years with an option on the part of the 33.20 district to renew for an additional two years. 33.21 (g) Notwithstanding any limitations imposed under this 33.22 subdivision, a school district may, according to section 33.23 123B.51, subdivision 4, enter into a lease of all or a portion 33.24 of a schoolhouse that is not needed for school purposes, 33.25 including, but not limited to, a lease with a term of more than 33.26 one year. 33.27 Sec. 4. Minnesota Statutes 2000, section 123B.04, 33.28 subdivision 2, is amended to read: 33.29 Subd. 2. [AGREEMENT.] (a) Either the school board or the 33.30schoolsite decision-making team may request that the school 33.31 board enter into an agreement with aschoolsite decision-making 33.32 team concerning the governance, management, or control of the 33.33 school.A school site decision-making team may include the33.34school principal, teachers in the school or their designee,33.35other employees in the school, parents of pupils in the school,33.36representatives of pupils in the school, or other members in the34.1community. The school site decision-making team shall include34.2the school principal or other person having general control and34.3supervision of the school.A school district must provide 34.4 notice to parents about site decision-making teams and inform 34.5 parents about how to be involved with the site decision-making 34.6 team. The site decision-making team must reflect the diversity 34.7 of the student body of the education site. No more than 34.8 one-half of the members shall be employees of the district, 34.9 unless an employee is the parent of a student enrolled in the 34.10 school site, in which case the employee may elect to serve as a 34.11 parent member of the site team. 34.12 (b) School site decision-making agreements must delegate 34.13 powers, duties, and broad management responsibilities to site 34.14 teams and involve staff members, students as appropriate, and 34.15 parents in decision making. 34.16(c) An agreement shall include a statement of powers,34.17duties, responsibilities, and authority to be delegated to and34.18within the site.34.19(d) An agreement may include:34.20(1) an achievement contract according to subdivision 4;34.21(2) a mechanism to allow principals, or other persons34.22having general control and supervision of the school, to make34.23decisions regarding how financial and personnel resources are34.24best allocated at the site and from whom goods or services are34.25purchased;34.26(3) a mechanism to implement parental involvement programs34.27under section 124D.895 and to provide for effective parental34.28communication and feedback on this involvement at the site34.29level;34.30(4) a provision that would allow the team to determine who34.31is hired into licensed and nonlicensed positions;34.32(5) a provision that would allow teachers to choose the34.33principal or other person having general control;34.34(6) an amount of revenue allocated to the site under34.35subdivision 3; and34.36(7) any other powers and duties determined appropriate by35.1the board.35.2The school board of the district remains the legal employer35.3under clauses (4) and (5).35.4(e) Any powers or duties not delegated to the school site35.5management team in the school site management agreement shall35.6remain with the school board.35.7(f) Approved agreements shall be filed with the35.8commissioner. If a school board denies a request to enter into35.9a school site management agreement, it shall provide a copy of35.10the request and the reasons for its denial to the commissioner.35.11 Sec. 5. Minnesota Statutes 2000, section 123B.04, 35.12 subdivision 5, is amended to read: 35.13 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 35.14 children, families, and learning, in consultation with 35.15 appropriate educational organizations, shall:, 35.16(1)upon request, provide technical support for districts 35.17 and sites with agreements under this section;35.18(2) conduct and compile research on the effectiveness of35.19site decision making; and35.20(3) periodically report on and evaluate the effectiveness35.21of site management agreements on a statewide basis. 35.22 Sec. 6. Minnesota Statutes 2000, section 123B.09, 35.23 subdivision 8, is amended to read: 35.24 Subd. 8. [DUTIES.] The board must superintend and manage 35.25 the schools of the district; adopt rules for their organization, 35.26 government, and instruction; keep registers; and prescribe 35.27 textbooks and courses of study.The board may enter into an35.28agreement with a post-secondary institution for secondary or35.29post-secondary nonsectarian courses to be taught at a secondary35.30school, nonsectarian post-secondary institution, or another35.31location.35.32 Sec. 7. Minnesota Statutes 2000, section 123B.143, 35.33 subdivision 1, is amended to read: 35.34 Subdivision 1. [CONTRACT; DUTIES.] All districts 35.35 maintaining a classified secondary school must employ a 35.36 superintendent who shall be an ex officio nonvoting member of 36.1 the school board. The authority for selection and employment of 36.2 a superintendent must be vested in the board in all cases. An 36.3 individual employed by a board as a superintendent shall have an 36.4 initial employment contract for a period of time no longer than 36.5 three years from the date of employment. Any subsequent 36.6 employment contract must not exceed a period of three years. A 36.7 board, at its discretion, may or may not renew an employment 36.8 contract. A board must not, by action or inaction, extend the 36.9 duration of an existing employment contract. Beginning 365 days 36.10 prior to the expiration date of an existing employment contract, 36.11 a board may negotiate and enter into a subsequent employment 36.12 contract to take effect upon the expiration of the existing 36.13 contract. A subsequent contract must be contingent upon the 36.14 employee completing the terms of an existing contract. If a 36.15 contract between a board and a superintendent is terminated 36.16 prior to the date specified in the contract, the board may not 36.17 enter into another superintendent contract with that same 36.18 individual that has a term that extends beyond the date 36.19 specified in the terminated contract. A board may terminate a 36.20 superintendent during the term of an employment contract for any 36.21 of the grounds specified in section 122A.40, subdivision 9 or 13. 36.22 A superintendent shall not rely upon an employment contract with 36.23 a board to assert any other continuing contract rights in the 36.24 position of superintendent under section 122A.40. 36.25 Notwithstanding the provisions of sections 122A.40, subdivision 36.26 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 36.27 individual shall have a right to employment as a superintendent 36.28 based on order of employment in any district. If two or more 36.29 districts enter into an agreement for the purchase or sharing of 36.30 the services of a superintendent, the contracting districts have 36.31 the absolute right to select one of the individuals employed to 36.32 serve as superintendent in one of the contracting districts and 36.33 no individual has a right to employment as the superintendent to 36.34 provide all or part of the services based on order of employment 36.35 in a contracting district. The superintendent of a district 36.36 shall perform the following: 37.1 (1)visit and supervise the schools in the district, report37.2and make recommendations about their condition when advisable or37.3on request by the board;37.4(2) recommend to the board employment and dismissal of37.5teachers;37.6(3) superintend school grading practices and examinations37.7for promotions;37.8(4)make reports required by the commissioner; 37.9(5)(2) by January 10, submit an annual report to the 37.10 commissioner in a manner prescribed by the commissioner, in 37.11 consultation with school districts, identifying the expenditures 37.12 that the district requires to ensure an 80 percent and a 90 37.13 percent student passage rate on the basic standards test taken 37.14 in the eighth grade, identifying the amount of expenditures that 37.15 the district requires to ensure a 99 percent student passage 37.16 rate on the basic standards test by 12th grade, and how much the 37.17 district is cross-subsidizing programs with special education, 37.18 basic skills, and general education revenue; and 37.19(6)(3) perform other duties prescribed by the board. 37.20 Sec. 8. Minnesota Statutes 2000, section 123B.147, is 37.21 amended to read: 37.22 123B.147 [PRINCIPALS.] 37.23 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 37.24 Each public school building, as defined by section 120A.05, 37.25 subdivisions 9, 11, and 13, in an independent district may be 37.26 under the supervision of a principal who is assigned to that 37.27 responsibility by the board of education in that district upon 37.28 the recommendation of the superintendent of schools of that 37.29 district. If pupils in kindergarten through grade 12 attend 37.30 school in one building, one principal, who holds either an 37.31 elementary or a secondary principal's license, may supervise the 37.32 building. 37.33 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 37.34 principalassigned the responsibilityresponsible forthe37.35supervision ofsupervising a school building shall hold a valid 37.36 license in the assigned position of supervision and 38.1 administration as established by the rules of the commissioner 38.2 of children, families, and learning. 38.3 Subd. 3. [PRINCIPALS' DUTIES.] The principal shallprovide38.4administrative, supervisory, and instructional leadership38.5services, under the supervision of the superintendent of schools38.6of the district and in accordance with the policies, rules, and38.7regulations of the board of education, for the planning,38.8management, operation, and evaluation of the education program38.9of the building or buildings to which the principal is38.10assignedperform administrative, supervisory, and instructional 38.11 duties as determined by the school district. 38.12 Sec. 9. Minnesota Statutes 2000, section 123B.36, 38.13 subdivision 1, is amended to read: 38.14 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 38.15 purposes of this subdivision, "home school" means a home school 38.16 as defined in sections 120A.22 and 120A.24 with five or fewer 38.17 students receiving instruction. 38.18 (b) A school board is authorized to require payment of fees 38.19 in the following areas: 38.20 (1) in any program where the resultant product, in excess 38.21 of minimum requirements and at the pupil's option, becomes the 38.22 personal property of the pupil; 38.23 (2) admission fees or charges for extra curricular 38.24 activities, where attendance is optional and where the admission 38.25 fees or charges a student must pay to attend or participate in 38.26 an extracurricular activity is the same for all students, 38.27 regardless of whether the student is enrolled in a public or a 38.28 home school; 38.29 (3) a security deposit for the return of materials, 38.30 supplies, or equipment; 38.31 (4) personal physical education and athletic equipment and 38.32 apparel, although any pupil may personally provide it if it 38.33 meets reasonable requirements and standards relating to health 38.34 and safety established by the board; 38.35 (5) items of personal use or products that a student has an 38.36 option to purchase such as student publications, class rings, 39.1 annuals, and graduation announcements; 39.2 (6) fees specifically permitted by any other statute, 39.3 including but not limited to section 171.05, subdivision 2; 39.4 provided (i) driver education fees do not exceed the actual cost 39.5 to the school and school district of providing driver education, 39.6 and (ii) the driver education courses are open to enrollment to 39.7 persons between the ages of 15 and 18 who reside or attend 39.8 school in the school district; 39.9 (7) field trips considered supplementary to a district 39.10 educational program; 39.11 (8) any authorized voluntary student health and accident 39.12 benefit plan; 39.13 (9) for the use of musical instruments owned or rented by 39.14 the district, a reasonable rental fee not to exceed either the 39.15 rental cost to the district or the annual depreciation plus the 39.16 actual annual maintenance cost for each instrument; 39.17 (10) transportation of pupils to and from extra curricular 39.18 activities conducted at locations other than school, where 39.19 attendance is optional; 39.20 (11) transportation of pupils to and from school for which 39.21 aid for fiscal year 1996 is not authorized under Minnesota 39.22 Statutes 1994, section 124.223, subdivision 1, and for which 39.23 levy for fiscal year 1996 is not authorized under Minnesota 39.24 Statutes 1994, section 124.226, subdivision 5, if a district 39.25 charging fees for transportation of pupils establishes 39.26 guidelines for that transportation to ensure that no pupil is 39.27 denied transportation solely because of inability to pay; 39.28 (12) motorcycle classroom education courses conducted 39.29 outside of regular school hours; provided the charge must not 39.30 exceed the actual cost of these courses to the school district; 39.31 (13) transportation to and from post-secondary institutions 39.32 for pupils enrolled under the post-secondary enrollment options 39.33 program under section 123B.88, subdivision 22. Fees collected 39.34 for this service must be reasonable and must be used to reduce 39.35 the cost of operating the route. Families who qualify for 39.36 mileage reimbursement under section 124D.09, subdivision 22, may 40.1 use their state mileage reimbursement to pay this fee. If no 40.2 fee is charged, districts must allocate costs based on the 40.3 number of pupils riding the route; and 40.4 (14) admission fees or charges to a part-time student over 40.5 age 21 attending a secondary school class or program other than 40.6 a student participating in the graduation incentives program 40.7 under section 124D.68 or a student receiving instruction under 40.8 section 125A.03. 40.9 Sec. 10. Minnesota Statutes 2000, section 123B.43, is 40.10 amended to read: 40.11 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 40.12 (a) The commissioner shall assure that textbooks and 40.13 individualized instructional materials loaned to nonpublic 40.14 school pupils are secular, neutral, nonideological and that they 40.15 are incapable of diversion for religious use. 40.16 (b) Textbooks and individualized instructional materials 40.17 must not be used in religious courses, devotional exercises, 40.18 religious training or any other religious activity. 40.19 (c) Textbooks and individualized instructional materials 40.20 must be loaned only to individual pupils upon the request of a 40.21 parent or guardian or the pupil on a form designated for this 40.22 use by the commissioner. The request forms shall provide for 40.23 verification by the parent or guardian or pupil that the 40.24 requested textbooks and individualized instructional materials 40.25 are for the use of the individual pupil in connection with a 40.26 program of instruction in the pupil's elementary or secondary 40.27 school. 40.28(d) The servicing school district or the intermediary40.29service area must take adequate measures to ensure an accurate40.30and periodic inventory of all textbooks and individualized40.31instructional materials loaned to elementary and secondary40.32school pupils attending nonpublic schools. The commissioner of40.33children, families, and learning shall promulgate rules under40.34the provisions of chapter 14 to terminate the eligibility of any40.35nonpublic school pupil if the commissioner determines, after40.36notice and opportunity for hearing, that the textbooks or41.1individualized instructional materials have been used in a41.2manner contrary to the provisions of section 123B.41,41.3subdivision 5, 123B.42, or this section or any rules promulgated41.4by the commissioner of children, families, and learning.41.5(e) Nothing contained in section 123B.41, subdivision 5,41.6123B.42, or this section shall be construed to authorize the41.7making of any payments to a nonpublic school or its faculty,41.8staff or administrators for religious worship or instruction or41.9for any other purpose.41.10 Sec. 11. Minnesota Statutes 2000, section 123B.445, is 41.11 amended to read: 41.12 123B.445 [NONPUBLIC EDUCATION COUNCIL.] 41.13 (a) The commissioner shall appoint a 15-member council on 41.14 nonpublic education, with the advice and consent of the senate. 41.15 The 15 members shall represent various areas of the state, 41.16 represent various methods of providing nonpublic education, and 41.17 shall be knowledgeable about nonpublic education. The 41.18 compensation, removal of members, filling of vacancies, and 41.19 terms are governed by section 15.0575. The council shall not 41.20 expire. The council shall advise the commissioner on issues 41.21 affecting nonpublic education and nonpublic schools. The 41.22 council may recognize educational accrediting agencies, for the 41.23 sole purpose of sections 120A.22, 120A.24, and 120A.26. 41.24 (b) A parent or guardian of a nonpublic school pupil or a 41.25 nonpublic school may file a complaint about services provided 41.26 under sections 123B.40 to 123B.42, and 123B.44 to 123B.48 with 41.27 the nonpublic education council. The council may review the 41.28 complaint and make a recommendation for resolution to the 41.29 commissioner. 41.30 Sec. 12. Minnesota Statutes 2000, section 123B.49, 41.31 subdivision 1, is amended to read: 41.32 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 41.33Whenever it appears to be beneficial and for the best interest41.34of the district and the pupils of the district to carry on any41.35school sport activities or educational activities connected with41.36their studies outside of the territorial limits of the district,42.1 The board may authorizesuchactivitiesto beconducted outside 42.2 of the territorial limits of the district under such rules and 42.3 regulations as the board deems sufficient. The district may pay 42.4 all necessary costs therefor including transportation from the 42.5 district funds available. 42.6 Sec. 13. Minnesota Statutes 2000, section 123B.49, 42.7 subdivision 4, is amended to read: 42.8 Subd. 4. [BOARDCONTROLAUTHORIZATION OF EXTRACURRICULAR 42.9 ACTIVITIES.] (a) The board maytake charge of and control42.10 authorize all extracurricular activities of the teachers and 42.11 children of the public schools in the district. Extracurricular 42.12 activities means all direct and personal services for pupils for 42.13 their enjoyment that are managed and operated under the guidance 42.14 of an adult or staff member. The board shall allow all resident 42.15 pupils receiving instruction in a home school as defined in 42.16 section 123B.36, subdivision 1, paragraph (a), to be eligible to 42.17 fully participate in extracurricular activities on the same 42.18 basis as public school students. 42.19 (b) Extracurricular activities have all of the following 42.20 characteristics: 42.21 (1) they are not offered for school credit nor required for 42.22 graduation; 42.23 (2) they are generally conducted outside school hours, or 42.24 if partly during school hours, at times agreed by the 42.25 participants, and approved by school authorities; 42.26 (3) the content of the activities is determined primarily 42.27 by the pupil participants under the guidance of a staff member 42.28 or other adult. 42.29 (c) If the board does nottake charge of and control42.30 authorize extracurricular activities, these activities shall be 42.31 self-sustaining with all expenses, except direct salary costs 42.32 and indirect costs of the use of school facilities, met by dues, 42.33 admissions, or other student fundraising events. The general 42.34 fund must reflect only those salaries directly related to and 42.35 readily identified with the activity and paid by public funds. 42.36 Other revenues and expenditures for extra curricular activities 43.1 must be recorded according to the "Manual of Instruction for 43.2 Uniform Student Activities Accounting for Minnesota School 43.3 Districts and Area Vocational-Technical Colleges." 43.4 Extracurricular activities not under board control must have an 43.5 annual financial audit and must also be audited annually for 43.6 compliance with this section. 43.7 (d) If the boardtakes charge of and controlsauthorizes 43.8 extracurricular activities, any or all costs of these activities 43.9 may be provided from school revenues and all revenues and 43.10 expenditures for these activities shall be recorded in the same 43.11 manner as other revenues and expenditures of the district. 43.12 (e) If the boardtakes charge of and controlsauthorizes 43.13 extracurricular activities, the teachers or pupils in the 43.14 district must not participate in such activity, nor shall the 43.15 school name or any allied name be used in connection therewith, 43.16 except by consent and direction of the board. 43.17 Sec. 14. Minnesota Statutes 2000, section 123B.51, 43.18 subdivision 1, is amended to read: 43.19 Subdivision 1. [SITES.] According to section 126C.40, 43.20 subdivision 1, or 465.71, when funds are available, the board 43.21 may locate and acquire necessary sites ofschoolhousesschools 43.22 or enlargements, or additions to existingschoolhouse sites43.23 schools by lease, purchase or condemnation under the right of 43.24 eminent domain; it may erectschoolhousesschools on the sites; 43.25 it may erect or purchase garages for district-owned school 43.26 buses. When property is taken by eminent domain by authority of 43.27 this subdivision when needed by the district for such purposes, 43.28 the fact that the property has been acquired by the owner under 43.29 the power of eminent domain or is already devoted to public use, 43.30 shall not prevent its acquisition by the district. The board 43.31 may sell or exchangeschoolhousesschools or sites, and execute 43.32 deeds of conveyance thereof. 43.33 Sec. 15. Minnesota Statutes 2000, section 123B.51, 43.34 subdivision 5, is amended to read: 43.35 Subd. 5. [SCHOOLHOUSESCHOOL CLOSING.] The board may close 43.36 aschoolhouseschool only after a public hearing on the question 44.1 of the necessity and practicability of the proposed closing. 44.2 Published notice of the hearing shall be given for two weeks in 44.3 the official newspaper of the district. The time and place of 44.4 the meeting, the description and location of theschoolhouse44.5 school, and a statement of the reasons for the closing must be 44.6 specified in the notice. Parties requesting to give testimony 44.7 for and against the proposal shall be heard by the board before 44.8 it makes a final decision to close or not to close 44.9 theschoolhouseschool. 44.10 Sec. 16. Minnesota Statutes 2000, section 123B.73, 44.11 subdivision 1, is amended to read: 44.12 Subdivision 1. [INSPECTION.] The commissionerand the44.13state fire marshal shall develop a plan to inspect once every44.14three years every public school facility used for educational44.15purposesshall contract with the fire marshal to conduct fire 44.16 safety inspections of all school buildings. Each school 44.17 facility shall be inspected once every three years or more 44.18 frequently at the request of the school district or the 44.19 commissioner.Inspections must begin during the 1990-199144.20school year. The plan must provide for continued inspection by44.21local units of government of public school facilities that have44.22been inspected by a local unit of government between January 1,44.231987, and January 1, 1990, and may provide for inspections by44.24local units of government in other situations. Each inspection44.25report must be filed with the commissioner, the local school44.26board, and the state fire marshal. Notwithstanding section44.27299F.011, subdivisions 5a and 5b, a variance from the code must44.28be approved by the state fire marshal before taking effect. The44.29commissioner may request that the state fire marshal inspect a44.30particular school facility.44.31 Sec. 17. Minnesota Statutes 2000, section 123B.83, 44.32 subdivision 1, is amended to read: 44.33 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 44.34Beginning in fiscal year 1978 and in each year thereafter,A 44.35 district which had statutory operating debt on June 30, 1977 44.36 pursuant to section 126C.42 must limit its expenditures in each 45.1 fiscal year so that the amount of its statutory operating debt 45.2 calculated at the end of that fiscal year is not greater than 45.3 the amount of the district's statutory operating debt as of June 45.4 30, 1977, as certified and adjusted by the commissioner, 45.5 increased by an amount equal to 2-1/2 percent of that district's 45.6 operating expenditures for the fiscal year for which the 45.7 statutory operating debt calculation is being made. 45.8 (b) When a district is no longer required to levy pursuant 45.9 to section 126C.42, subdivision 1, subdivision 2 is applicable. 45.10 Sec. 18. Minnesota Statutes 2000, section 123B.90, 45.11 subdivision 2, is amended to read: 45.12 Subd. 2. [STUDENT TRAINING.] (a) Each district must 45.13 provide public school pupils enrolled in grades kindergarten 45.14 through 10 with age-appropriate school bus safety training. The 45.15 training must be results-oriented and shall consist of both 45.16 classroom instruction and practical training using a school 45.17 bus. Upon completing the training, a student shall be able to 45.18 demonstrate knowledge and understanding of at least the 45.19 following competencies and concepts: 45.20 (1) transportation by school bus is a privilege and not a 45.21 right; 45.22 (2) district policies for student conduct and school bus 45.23 safety; 45.24 (3) appropriate conduct while on the school bus; 45.25 (4) the danger zones surrounding a school bus; 45.26 (5) procedures for safely boarding and leaving a school 45.27 bus; 45.28 (6) procedures for safe street or road crossing; 45.29 (7) school bus evacuation and other emergency procedures; 45.30 and 45.31 (8) appropriate training on the use of lap belts or lap and 45.32 shoulder belts, if the district uses buses equipped with lap 45.33 belts or lap and shoulder belts. 45.34 (b) Each nonpublic school located within the district must 45.35 provide all nonpublic school pupils enrolled in grades 45.36 kindergarten through 10 who are transported by school bus at 46.1 public expense and attend school within the district's 46.2 boundaries with training as required in paragraph (a). The 46.3 school district shall make a bus available for the practical 46.4 training if the district transports the nonpublic students. 46.5 Each nonpublic school shall provide the instruction. 46.6 (c)All students enrolled in grades kindergarten through 346.7who are transported by school bus and are enrolled during the46.8first or second week of school must demonstrate achievement of46.9the school bus safety training competencies by the end of the46.10third week of school. All students enrolled in grades 4 through46.1110 who are transported by school bus and are enrolled during the46.12first or second week of school must demonstrate achievement of46.13the competencies by the end of the sixth week of school.46.14Students enrolled in grades kindergarten through 10 who enroll46.15in a school after the second week of school and are transported46.16by school bus shall undergo school bus safety training and46.17demonstrate achievement of the school bus safety competencies46.18within four weeks of the first day of attendance. The school46.19transportation safety director in each district must certify to46.20the commissioner annually that all students transported by46.21school bus within the district have satisfactorily demonstrated46.22knowledge and understanding of the school bus safety46.23competencies according to this section or provide an explanation46.24for a student's failure to demonstrate the competencies. The46.25principal or other chief administrator of each nonpublic school46.26must certify annually to the school transportation safety46.27director of the district in which the school is located that all46.28of the school's students transported by school bus at public46.29expense have received training. A district may deny46.30transportation to a student who fails to demonstrate the46.31competencies, unless the student is unable to achieve the46.32competencies due to a disability, or to a student who attends a46.33nonpublic school that fails to provide training as required by46.34this subdivision.46.35(d) A district and a nonpublic school with students46.36transported by school bus at public expense must, to the extent47.1possible, provide kindergarten pupils with bus safety training47.2before the first day of school.47.3(e)A district and a nonpublic school with students 47.4 transported by school bus at public expense must also provide 47.5 student safety education for bicycling and pedestrian safety, 47.6 for students enrolled in grades kindergarten through 5. 47.7(f)(d) A district and a nonpublic school with students 47.8 transported by school bus at public expense must make reasonable 47.9 accommodations for the school bus, bicycle, and pedestrian 47.10 safety training of pupils known to speak English as a second 47.11 language and pupils with disabilities. 47.12 Sec. 19. Minnesota Statutes 2000, section 123B.91, 47.13 subdivision 1, is amended to read: 47.14 Subdivision 1. [COMPREHENSIVE POLICY.] (a) Each district 47.15 shall develop and implement a comprehensive, written policy 47.16 governing pupil transportation safety, including transportation 47.17 of nonpublic school students, when applicable. The policy, at 47.18 minimum, must contain: 47.19 (1) provisions for appropriate student bus safety training 47.20 under section 123B.90; 47.21 (2) rules governing student conduct on school buses and in 47.22 school bus loading and unloading areas; 47.23 (3) a statement of parent or guardian responsibilities 47.24 relating to school bus safety; 47.25 (4) provisions for notifying students and parents or 47.26 guardians of their responsibilities and the rules, including the 47.27 district's seat belt policy, if applicable; 47.28 (5) an intradistrict system for reporting school bus 47.29 accidents or misconduct and a system for dealing with local law 47.30 enforcement officials in cases of criminal conduct on a school 47.31 bus; 47.32 (6) a discipline policy to address violations of school bus 47.33 safety rules, including procedures for revoking a student's bus 47.34 riding privileges in cases of serious or repeated misconduct; 47.35 (7) a system for integrating school bus misconduct records 47.36 with other discipline records; 48.1 (8) a statement of bus driver duties; 48.2 (9) where applicable, provisions governing bus monitor 48.3 qualifications, training, and duties; 48.4 (10) rules governing the use and maintenance of type III 48.5 vehicles, drivers of type III vehicles, qualifications to drive 48.6 a type III vehicle, qualifications for a type III vehicle, and 48.7 the circumstances under which a student may be transported in a 48.8 type III vehicle; 48.9 (11) operating rules and procedures; 48.10 (12) provisions for annual bus driver in-service training 48.11 and evaluation; 48.12 (13) emergency procedures; 48.13 (14) a system for maintaining and inspecting equipment; 48.14 (15) requirements of the school district, if any, that 48.15 exceed state law minimum requirements for school bus operations; 48.16 and 48.17 (16) requirements for basic first aid training, which must 48.18 include the Heimlich maneuver and procedures for dealing with 48.19 obstructed airways, shock, bleeding, and seizures. 48.20 (b)Districts are encouraged to use the model policy48.21developed by the Minnesota school boards association, the48.22department of public safety, and the department of children,48.23families, and learning, as well as the current edition of the48.24"National Standards for School Transportation," in developing48.25safety policies.Each district shall review its policy annually 48.26 to ensure that it conforms to law. 48.27 Sec. 20. [REPEALER.] 48.28 Minnesota Statutes 2000, sections 123B.02, subdivisions 5, 48.29 6, 9, 10, 11, 13, and 16; 123B.04, subdivision 4; 123B.11; 48.30 123B.147, subdivisions 1 and 3; 123B.15; 123B.16; 123B.17; 48.31 123B.18; 123B.19; 123B.40; 123B.49, subdivisions 2 and 3; 48.32 123B.51, subdivisions 2, 3, and 4; 123B.744; 123B.84; 123B.87; 48.33 123B.88, subdivisions 11, 12, 13, 18, 20, 21, and 22; 123B.93; 48.34 and 123B.95, subdivision 3, are repealed. 48.35 ARTICLE 7 48.36 EDUCATION PROGRAMS 49.1 Section 1. Minnesota Statutes 2000, section 124D.02, 49.2 subdivision 1, is amended to read: 49.3 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The boardmay49.4establish and maintain one or more kindergartens for the49.5instruction of children and after July 1, 1974, shall provide49.6 must make kindergarten instruction available for all eligible 49.7 children, either in the district or in another district.All49.8children to be eligibleEligibility for kindergarten must beat49.9least five years of age on September 1 of the calendar year in49.10which the school year commences. In addition all children49.11selected under an early admissions policy established by the49.12school board may be admitted. Nothing in this section shall49.13prohibit a school district from establishing head start,49.14prekindergarten, or nursery school classes for children below49.15kindergarten agedetermined according to section 120A.20, 49.16 subdivision 1. Any school board with evidence that providing 49.17 kindergarten will cause an extraordinary hardship on the school 49.18 district may apply to the commissioner of children, families, 49.19 and learning for an exception. 49.20 Sec. 2. Minnesota Statutes 2000, section 124D.03, 49.21 subdivision 3, is amended to read: 49.22 Subd. 3. [PUPIL APPLICATION PROCEDURES.] In order that a 49.23 pupil may attend a school or program in a nonresident district, 49.24 the pupil's parent or guardian must submit an application to the 49.25 nonresident district.Before submitting an application, the49.26pupil and the pupil's parent or guardian must explore with a49.27school guidance counselor, or other appropriate staff member49.28employed by the district the pupil is currently attending, the49.29pupil's academic or other reason for applying to enroll in a49.30nonresident district. The pupil's application must identify the49.31reason for enrolling in the nonresident district.The parent or 49.32 guardian of a pupil must submit an application byJanuary49.3315June 1 for initial enrollment beginning the following school 49.34 year. The application must be on a form provided by the 49.35 department of children, families, and learning. A particular 49.36 school or program may be requested by the parent. Once enrolled 50.1 in a nonresident district, the pupil may remain enrolled and is 50.2 not required to submit annual or periodic applications. To 50.3 return to the resident district or to transfer to a different 50.4 nonresident district, the parent or guardian of the pupil must 50.5 provide notice to the resident district or apply to a different 50.6 nonresident district byJanuary 15June 1 for enrollment 50.7 beginning the following school year. Each district must accept 50.8 or reject an application it receives and notify the parent or 50.9 guardian in writing within 30 calendar days of receiving the 50.10 application. A notification of acceptance must include the date 50.11 enrollment can begin. Within ten days of receiving the 50.12 notification from the nonresident district, the parent or 50.13 guardian must inform the nonresident district whether the pupil 50.14 intends to enroll in the nonresident district. 50.15 Sec. 3. Minnesota Statutes 2000, section 124D.09, 50.16 subdivision 5, is amended to read: 50.17 Subd. 5. [AUTHORIZATION; NOTIFICATION.]Notwithstanding50.18any other law to the contrary,An 11th or 12th grade pupil 50.19 enrolled in a school or an American Indian-controlled tribal 50.20 contract or grant school eligible for aid under section 124D.83, 50.21 except a foreign exchange pupil enrolled in a district under a 50.22 cultural exchange program, may apply to an eligible institution, 50.23 as defined in subdivision 3, to enroll in nonsectarian courses 50.24 offered by that post-secondary institution. If an institution 50.25 accepts a secondary pupil for enrollment under this section, the 50.26 institution shall send written notice to the pupil, the pupil's 50.27 school or school district, and the commissioner within ten days 50.28 of acceptance. The notice must indicate the course and hours of 50.29 enrollment of that pupil. If the pupil enrolls in a course for 50.30 post-secondary credit, the institution must notify the pupil 50.31 about payment in the customary manner used by the institution. 50.32 Sec. 4. Minnesota Statutes 2000, section 124D.09, 50.33 subdivision 6, is amended to read: 50.34 Subd. 6. [COUNSELINGPARENTAL CONSENT.]To the extent50.35possible, the school or school district must provide counseling50.36services to pupils and their parents or guardian before the51.1pupils enroll in courses under this section to ensure that the51.2pupils and their parents or guardian are fully aware of the51.3risks and possible consequences of enrolling in post-secondary51.4courses. The school or school district must provide information51.5on the program including who may enroll, what institutions and51.6courses are eligible for participation, the decision-making51.7process for granting academic credits, financial arrangements51.8for tuition, books and materials, eligibility criteria for51.9transportation aid, available support services, the need to51.10arrange an appropriate schedule, consequences of failing or not51.11completing a course in which the pupil enrolls, the effect of51.12enrolling in this program on the pupil's ability to complete the51.13required high school graduation requirements, and the academic51.14and social responsibilities that must be assumed by the pupils51.15and their parents or guardian. The person providing counseling51.16shall encourage pupils and their parents or guardian to also use51.17available counseling services at the post-secondary institutions51.18before the quarter or semester of enrollment to ensure that51.19anticipated plans are appropriate.51.20 Prior to enrolling in a course, the pupil and the pupil's 51.21 parents or guardian must sign a form that must be provided by 51.22 the school or school district and may be obtained from a 51.23 post-secondary institution statingthat they have received the51.24information specified in this subdivision andthat they 51.25 understand the responsibilities that must be assumed in 51.26 enrolling in this program. The department must, upon request, 51.27 provide technical assistance to a school or school district in 51.28 developing appropriate forms and counseling guidelines. 51.29 Sec. 5. Minnesota Statutes 2000, section 124D.09, 51.30 subdivision 7, is amended to read: 51.31 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 51.32 INTENT TO ENROLL.]By March 1 of each year,A district must 51.33 adopt policies for deadlines and provide general information 51.34 about the program to all pupils in grades 10 and 11.To assist51.35the district in planning, a pupil shall inform the district by51.36March 30 of each year of the pupil's intent to enroll in52.1post-secondary courses during the following school year. A52.2pupil is not bound by notifying or not notifying the district by52.3March 30.52.4 Sec. 6. Minnesota Statutes 2000, section 124D.09, 52.5 subdivision 12, is amended to read: 52.6 Subd. 12. [CREDITS.] A pupil may enroll in a course under 52.7 this section for either secondary credit or post-secondary 52.8 credit. At the time a pupil enrolls in a course, the pupil 52.9 shall designate whether the course is for secondary or 52.10 post-secondary credit. A pupil taking several courses may 52.11 designate some for secondary credit and some for post-secondary 52.12 credit. A pupil must not audit a course under this section. 52.13 A district shall grant academic credit to a pupil enrolled 52.14 in a course for secondary credit if the pupil successfully 52.15 completes the course.Seven quarter or four semester college52.16credits equal at least one full year of high school credit.52.17Fewer college credits may be prorated. A district must also52.18grant academic credit to a pupil enrolled in a course for52.19post-secondary credit if secondary credit is requested by a52.20pupil. If no comparable course is offered by the district, the52.21district must, as soon as possible, notify the commissioner, who52.22shall determine the number of credits that shall be granted to a52.23pupil who successfully completes a course. If a comparable52.24course is offered by the district, the school board shall grant52.25a comparable number of credits to the pupil. If there is a52.26dispute between the district and the pupil regarding the number52.27of credits granted for a particular course, the pupil may appeal52.28the board's decision to the commissioner. The commissioner's52.29decision regarding the number of credits shall be final.52.30 The secondary credits granted to a pupil must be counted 52.31 toward the graduation requirements and subject area requirements 52.32 of the district.Evidence of successful completion of each52.33course and secondary credits granted must be included in the52.34pupil's secondary school record. A pupil shall provide the52.35school with a copy of the pupil's grade in each course taken for52.36secondary credit under this section. Upon the request of a53.1pupil, the pupil's secondary school record must also include53.2evidence of successful completion and credits granted for a53.3course taken for post-secondary credit. In either case, the53.4record must indicate that the credits were earned at a53.5post-secondary institution.53.6If a pupil enrolls in a post-secondary institution after53.7leaving secondary school, the post-secondary institution must53.8award post-secondary credit for any course successfully53.9completed for secondary credit at that institution. Other53.10post-secondary institutions may award, after a pupil leaves53.11secondary school, post-secondary credit for any courses53.12successfully completed under this section. An institution may53.13not charge a pupil for the award of credit.53.14 Sec. 7. Minnesota Statutes 2000, section 124D.10, 53.15 subdivision 1, is amended to read: 53.16 Subdivision 1. [PURPOSESEXPECTED OUTCOMES.] (a) 53.17 Thepurpose of this section isexpected outcomes of a charter 53.18 school are to: 53.19 (1) improve pupil learning; 53.20 (2) increase learning opportunities for pupils; 53.21 (3) encourage the use of different and innovative teaching 53.22 methods; 53.23 (4) require the measurement of learning outcomes and create 53.24 different and innovative forms of measuring outcomes; 53.25 (5) establish new forms of accountability for schools; or 53.26 (6) create new professional opportunities for teachers, 53.27 including the opportunity to be responsible for the learning 53.28 program at the school site. 53.29 (b) This section does not provide a means to keep open a 53.30 school that otherwise would be closed. Applicants in these 53.31 circumstances bear the burden of proving that conversion to a 53.32 charter school fulfills a purpose specified in this subdivision, 53.33 independent of the school's closing. 53.34 Sec. 8. Minnesota Statutes 2000, section 124D.10, 53.35 subdivision 6, is amended to read: 53.36 Subd. 6. [CONTRACT.] The sponsor's authorization for a 54.1 charter school must be in the form of a written contract signed 54.2 by the sponsor and the board of directors of the charter 54.3 school. The contract must be completed within 90 days of the 54.4 commissioner's approval of the sponsor's proposed authorization. 54.5 The contract for a charter school must be in writing and contain 54.6 at least the following: 54.7 (1) a description of a program that carries out one or more 54.8 of thepurposesexpected outcomes in subdivision 1; 54.9 (2) specific outcomes pupils are to achieve under 54.10 subdivision 10; 54.11 (3) admission policies and procedures; 54.12 (4) management and administration of the school; 54.13 (5) requirements and procedures for program and financial 54.14 audits; 54.15 (6) how the school will comply with subdivisions 8, 13, 16, 54.16 and 23; 54.17 (7) assumption of liability by the charter school; 54.18 (8) types and amounts of insurance coverage to be obtained 54.19 by the charter school; 54.20 (9) the term of the contract, which may be up to three 54.21 years; and 54.22 (10) if the board of directors or the operators of the 54.23 charter school provide special instruction and services for 54.24 children with a disability under sections 125A.03 to 125A.24, 54.25 and 125A.65, a description of the financial parameters within 54.26 which the charter school will operate to provide the special 54.27 instruction and services to children with a disability. 54.28 Sec. 9. Minnesota Statutes 2000, section 124D.10, 54.29 subdivision 15, is amended to read: 54.30 Subd. 15. [REVIEW AND COMMENT.] The department must review 54.31 and comment on the evaluation, by the sponsor, of the 54.32 performance of a charter school before the charter school's 54.33 contract is renewed. A sponsor shall monitor and evaluate the 54.34 fiscal and student performance of the school, and may for this 54.35 purpose annually assess the school up to $10 per student up to a 54.36 maximum of $3,500. The information for the review and comment 55.1 shall be reported by the sponsor to the commissioner of 55.2 children, families, and learning in a timely manner. 55.3Periodically, the commissioner shall report trends or55.4suggestions based on the evaluation of charter school contracts55.5to the education committees of the state legislature.55.6 Sec. 10. Minnesota Statutes 2000, section 124D.10, 55.7 subdivision 19, is amended to read: 55.8 Subd. 19. [DISSEMINATEAVAILABLE INFORMATION.] The 55.9sponsor, the operators, and thedepartment of children, 55.10 families, and learning mustdisseminatemake information 55.11 available to the public on how to form and operate a charter 55.12 school and how to utilize the offerings of a charter school. 55.13 Particular groups to be targeted include low-income families and 55.14 communities, and students of color. 55.15 Sec. 11. Minnesota Statutes 2000, section 124D.115, 55.16 subdivision 3, is amended to read: 55.17 Subd. 3. [PROGRAM REIMBURSEMENT.] (a)State funds are55.18provided to reimburse school breakfasts.Each school year, the 55.19 state must reimburse schools in the amount of 5.1 cents for each 55.20 fully paid breakfast and for each free and reduced price 55.21 breakfast not eligible for the "severe need" rate. 55.22 (b) In addition to paragraph (a), each school year the 55.23 state must reimburse schools 10.5 cents for each free and 55.24 reduced price breakfast not eligible for the "severe need" rate 55.25 if between 33 and 40 percent of the school lunches served during 55.26 the second preceding school year were served free or at a 55.27 reduced price. 55.28 Sec. 12. Minnesota Statutes 2000, section 124D.118, 55.29 subdivision 2, is amended to read: 55.30 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.]Each55.31district in the state is encouraged to participate in the55.32state-supported school milk program for kindergartners.55.33 Participating districts must provide one serving of milk on each 55.34 school day to each kindergarten student attending a public or 55.35 nonpublic school in the district.No student is required to55.36accept the milk that is provided by the district.The program 56.1 must be promoted and operated under the direction of the 56.2 commissioner or the commissioner's designee. 56.3 Sec. 13. Minnesota Statutes 2000, section 124D.118, 56.4 subdivision 3, is amended to read: 56.5 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 56.6 (a) The commissioner shall: 56.7 (1)encourage all districts to participate in the school56.8milk program for kindergartners;56.9(2) preparemaintain program guidelines, not subject to56.10chapter 14 until July 1, 1998, which will effectively and 56.11 efficiently distribute appropriated and donated money to 56.12 participating districts; and 56.13(3)(2) seek donations and matching funds from appropriate 56.14 private and public sources. 56.15 (b) Program guidelines may provide for disbursement to 56.16 districts through a mechanism of prepayments or by reimbursement 56.17 for approved program expenses. 56.18 Sec. 14. Minnesota Statutes 2000, section 124D.28, 56.19 subdivision 1, is amended to read: 56.20 Subdivision 1. [MANDATORY COMPONENTSEXPECTATIONS.] The 56.21 expected outcomes of a family connections program must include: 56.22 (1)participation by a designateddesignation of an 56.23 individual as a career teacher, principal-teacher, or counselor 56.24 teacher; 56.25 (2) an increased emphasis on each individual child's unique 56.26 learning and development needs beginning with early childhood 56.27 family education; 56.28 (3)procedures to give the career teacher a major56.29responsibility for leadership of the instructional and56.30noninstructional activities of each child beginning with early56.31childhood family education;56.32(4) procedures to involveincreased involvement of parents 56.33 in the learning and development experiences of their 56.34 children; and 56.35(5) procedures to implement outcome based education by56.36focusing on the needs of the learner;57.1(6) procedures to coordinate and integrate(4) increased 57.2 involvement of the instructional program with all community 57.3 education programs;57.4(7) procedures to concentrate career teacher programs at57.5sites that provide early childhood family education and57.6subsequent learning and development programs; and57.7(8) procedures for the district to fund the program. 57.8 Sec. 15. Minnesota Statutes 2000, section 124D.29, is 57.9 amended by adding a subdivision to read: 57.10 Subd. 6. [DISTRICT COMPONENTS.] The school board and the 57.11 exclusive bargaining representative of the teachers that has a 57.12 family connections program shall negotiate: 57.13 (1) staff-to-student ratios; 57.14 (2) procedures for teachers, principals, and counselors to 57.15 apply for and renew the position of career teacher, 57.16 principal-teacher, or counselor-teacher; and 57.17 (3) the duties of the career teacher, principal-teacher, or 57.18 counselor-teacher. 57.19 Sec. 16. Minnesota Statutes 2000, section 124D.30, 57.20 subdivision 3, is amended to read: 57.21 Subd. 3. [COMMISSIONER APPROVAL.] The commissionermay57.22 shall approve plans and applications for districts throughout 57.23 the state for family connections aid. The commissioner shall 57.24 establish application procedures and deadlines. 57.25 Sec. 17. Minnesota Statutes 2000, section 124D.34, 57.26 subdivision 4, is amended to read: 57.27 Subd. 4. [FOUNDATION PROGRAMS AND DUTIES.] The foundation 57.28 shall advance applied leadership and intracurricular vocational 57.29 learning experiences for students.These may include, but are57.30not limited to:57.31(1) recognition programs and awards for students57.32demonstrating excellence in applied leadership;57.33(2) summer programs for student leadership, career57.34development, applied academics, and mentorship programs with57.35business and industry;57.36(3) recognition programs for teachers, administrators, and58.1others who make outstanding contributions to school-to-work58.2programs;58.3(4) outreach programs to increase the involvement of urban58.4and suburban students;58.5(5) organized challenges requiring cooperation and58.6competition for secondary and post-secondary students;58.7(6) assistance and training to community teams to increase58.8career awareness and empowerment of youth as community leaders;58.9and58.10(7) assessment and activities in order to plan for and58.11implement continuous improvement.58.12To the extent possible, the foundation shall make these58.13programs available to students in all parts of the stateThe 58.14 foundation may receive public and private money, grants, and 58.15 in-kind services and goods from nonstate sources without 58.16 complying with section 7.09, subdivision 1. 58.17 Sec. 18. Minnesota Statutes 2000, section 124D.35, is 58.18 amended to read: 58.19 124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 58.20The commissioner shall establishA youth entrepreneurship 58.21 education programto improve the academic and entrepreneurial58.22skills of students and aid in their transition from school to58.23business creation. The programshall strengthen local economies 58.24 by creating jobs that enable citizens to remain in their 58.25 communities and to foster cooperation among educators, economic 58.26 development professionals, business leaders, and representatives 58.27 of labor. Assistance under this section shall be available to 58.28 new or existing student-operated or school-operated businesses 58.29 that have an educational purpose, and provide service or 58.30 products for customers or clients who do not attend or work at 58.31 the sponsoring school. The commissioner may require an equal 58.32 local match for assistance under this section up to the maximum 58.33 grant amount of $20,000. 58.34 Sec. 19. Minnesota Statutes 2000, section 124D.37, is 58.35 amended to read: 58.36 124D.37 [PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 59.1 WORKS ACT.] 59.2 Thepurposesexpected outcomes of sections 124D.37 to 59.3 124D.45 are to: 59.4 (1)renew the ethic ofpromote civic responsibility in 59.5 Minnesota; 59.6 (2)empower youth toimprovetheir life opportunities59.7throughyouth literacy, job placement, and other essential life 59.8 skills; 59.9 (3)empower government to meet itsimprove government's 59.10 responsibility to prepare young people to be contributing 59.11 members of society; 59.12 (4) help meethumancivic, educational, environmental, and 59.13 public safety needs, particularly those needs relating to 59.14 poverty; 59.15 (5)prepare a citizenry that is academically competent,59.16ready for work, and socially responsible;59.17(6)demonstrate the connection between youth and meaningful 59.18 communityservice, community service and education, and59.19education and meaningful opportunities in the business59.20community;59.21(7) demonstrate the connection between providing59.22opportunities for at-risk youth and reducing crime rates and the59.23social costs of troubled youthactivities; 59.24(8)(6) create linkages for a comprehensive youth service 59.25 and learning program in Minnesotaincluding school age programs,59.26higher education programs, youth work programs, and service59.27corps programs; and 59.28(9)(7) coordinate federal and state activities that 59.29 advance the purposes in this section. 59.30 Sec. 20. Minnesota Statutes 2000, section 124D.40, 59.31 subdivision 2, is amended to read: 59.32 Subd. 2. [GRANT AUTHORITY.] The commission must use any 59.33 state appropriation and any available federal funds, including 59.34 any grant received under federal law, to award grants to 59.35 establish programs for youth works meeting the requirements of 59.36 section 124D.41. At least one grant each must be available for 60.1 a metropolitan proposal, a rural proposal, and a statewide 60.2 proposal. If a portion of the suburban metropolitan area is not 60.3 included in the metropolitan grant proposal, the statewide grant 60.4 proposal must incorporate at least one suburban metropolitan 60.5 area.In awarding grants, the commission may select at least60.6one residential proposal and one nonresidential proposal,60.7provided the proposals meet or exceed the criteria in section60.8124D.41.60.9 Sec. 21. Minnesota Statutes 2000, section 124D.41, is 60.10 amended to read: 60.11 124D.41 [GRANT APPLICATIONS.] 60.12 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 60.13 seeking federal or state grant money under sections 124D.39 to 60.14 124D.44 shall prepare and submit to the commission an 60.15 application that meets the requirementsof this60.16sectiondeveloped by the commission. The commission must 60.17 develop, and the applying organizations must comply with, the60.18form and manner of the applicationrequirements that meet the 60.19 expected outcomes in section 124D.37. 60.20 Subd. 2. [APPLICATION CONTENT.] An applicant on its 60.21 application must:describe how it intends to meet the expected 60.22 outcomes in section 124D.37. 60.23(1) propose a program to provide participants the60.24opportunity to perform community service to meet specific unmet60.25community needs, and participate in classroom, work-based, and60.26service-learning;60.27(2) assess the community's unmet educational, human,60.28environmental, and public safety needs, the resources and60.29programs available for meeting those needs, and how young people60.30participated in assessing community needs;60.31(3) describe the educational component of the program,60.32including classroom hours per week, classroom time for60.33participants to reflect on the program experience, and60.34anticipated academic outcomes related to the service experience;60.35(4) describe the work to be performed, the ratio of youth60.36participants to crew leaders and mentors, and the expectations61.1and qualifications for crew leaders and mentors;61.2(5) describe local funds or resources available to meet the61.3match requirements of section 124D.44;61.4(6) describe any funds available for the program from61.5sources other than the requested grant;61.6(7) describe any agreements with local businesses to61.7provide participants with work-learning opportunities and61.8mentors;61.9(8) describe any agreement with local post-secondary61.10educational institutions to offer participants course credits61.11for their community service-learning experience;61.12(9) describe any agreement with a local high school or an61.13alternative learning center to provide remedial education,61.14credit for community service work and work-based learning, or61.15graduate equivalency degrees;61.16(10) describe any pay for service or other program delivery61.17mechanism that will provide reimbursement for benefits conferred61.18or recover costs of services participants perform;61.19(11) describe how local resources will be used to provide61.20support and assistance for participants to encourage them to61.21continue with the program, fulfill the terms of the contract,61.22and remain eligible for any postservice benefit;61.23(12) describe the arbitration mechanism for dispute61.24resolution required under section 124D.42, subdivision 2;61.25(13) describe involvement of community leaders in61.26developing broad-based support for the program;61.27(14) describe the consultation and sign-off process to be61.28used with any local labor organization representing employees in61.29the area engaged in work similar to that proposed for the61.30program to ensure that no current employees or available61.31employment positions will be displaced by program participants;61.32(15) certify to the commission and to any certified61.33bargaining representatives representing employees of the61.34applying organization that the project will not decrease61.35employment opportunities that would be available without the61.36project; will not displace current employees including any62.1partial displacement in the form of reduced hours of work other62.2than overtime, wages, employment benefits, or regular seasonal62.3work; will not impair existing labor agreements; and will not62.4result in the substitution of project funding for preexisting62.5funds or sources of funds for ongoing work;62.6(16) describe the length of the required service period,62.7which may not be less than six months or more than two years, a62.8method to incorporate a participant's readiness to advance or62.9need for postservice financial assistance into individual62.10service requirements, and any opportunity for participating part62.11time or in another program;62.12(17) describe a program evaluation plan that contains62.13cost-effectiveness measures, measures of participant success62.14including educational accomplishments, job placements, community62.15contributions, and ongoing volunteer activities, outcome62.16measures based on a preprogram and postprogram survey of62.17community rates of arrest, incarceration, teenage pregnancy, and62.18other indicators of youth in trouble, and a list of local62.19resources dedicated to reducing these rates;62.20(18) describe a three-year financial plan for maintaining62.21the program;62.22(19) describe the role of local youth in developing all62.23aspects of the grant proposal; and62.24(20) describe the process by which the local private62.25industry council participated in, and reviewed the grant62.26application.62.27 Sec. 22. Minnesota Statutes 2000, section 124D.42, 62.28 subdivision 7, is amended to read: 62.29 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 62.30 grantee organization must assess and work to enhance the 62.31 educational level of each entering participant.Each grantee62.32shall work to enhance the educational skills of each62.33participant. The commission may coordinate or contract with62.34educational institutions or other providers for educational62.35services and evaluation.All grantees shall give priority to 62.36 educating and training participants who do not have a high 63.1 school diploma or its equivalent, or who cannot afford 63.2 post-secondary training and education. 63.3 Sec. 23. Minnesota Statutes 2000, section 124D.46, 63.4 subdivision 1, is amended to read: 63.5 Subdivision 1. [GOALSESTABLISHMENT.]To better prepare63.6all learners to make transitions between education and63.7employment,A comprehensive education and employment transitions 63.8 system is established that is driven by multisector partnerships 63.9 and takes a lifelong approach to workforce development. 63.10 Thegoals of thestatewide education and employment transitions 63.11 systemareshall develop and implement methods: 63.12 (1) to improve the skills learners need to achieve greater 63.13 levels of self-sufficiency through education, training, and 63.14 work; 63.15 (2) to improve work-related counseling and information 63.16 about career opportunities and vocational education programs 63.17 available to learners to facilitate workforce development; 63.18 (3) to integrate opportunities for work-based learning, 63.19 service-learning, and other applied learning methods into the 63.20elementary, secondary, and post-secondary curriculum andstate 63.21 and local graduation standards; 63.22 (4)to increase participation in employment opportunities63.23and demonstrate the relationship between education and63.24employment at the elementary, secondary, and post-secondary63.25education levels;63.26(5)to promote the efficient use of public and private 63.27 resources by coordinating elementary, secondary, and 63.28 post-secondary education with related government programs; 63.29(6)(5) to expand educational options available to all 63.30 learners through collaborative efforts between school districts, 63.31 post-secondary institutions, employers, organized labor, 63.32 workers, learners, parents, community-based organizations, and 63.33 other interested parties; 63.34(7)(6) to increase opportunities for women, minorities, 63.35 individuals with a disability, and at-risk learners to fully 63.36 participate in work-based learning; and 64.1(8) to establish performance standards for learners that64.2integrate state and local graduation standards and generally64.3recognized industry and occupational skill standards; and64.4(9)(7) to provide support systems including a unified 64.5 labor market information system; a centralized quality assurance 64.6 system with information on learner achievement, employer 64.7 satisfaction, and measurable system outcomes; a statewide 64.8 marketing system to promote the importance of lifework 64.9 development; a comprehensive professional development system for 64.10 public and private sector partners; and a comprehensive system 64.11 for providing technical support to local partnerships for 64.12 education and employment transitions. 64.13 Sec. 24. Minnesota Statutes 2000, section 124D.47, 64.14 subdivision 2, is amended to read: 64.15 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 64.16 comprehensive youth apprenticeship program must require 64.17 representatives of secondary and post-secondary school systems, 64.18 affected local businesses, industries, occupations and labor, as 64.19 well as the local community, to be actively and collaboratively 64.20 involved in advising and managing the program and ensuring, in 64.21 consultation with local private industry councils, that the 64.22 youth apprenticeship program meets local labor market demands, 64.23 provides student apprentices with the high skill training 64.24 necessary for career advancement, meets applicable state 64.25 graduation requirements and labor standards, pays apprentices 64.26 for their work and provides support services to program 64.27 participants. 64.28 (b) Local employers, collaborating with labor organizations 64.29 where appropriate, must assist the program by analyzing 64.30 workplace needs, creating work-related curriculum, employing and 64.31 adequately paying youth apprentices engaged in work-related 64.32 learning in the workplace, training youth apprentices to become 64.33 skilled in an occupation, providing student apprentices with a 64.34 workplace mentor, periodically informing the school of an 64.35 apprentice's progress, and making a reasonable effort to employ 64.36 youth apprentices who successfully complete the program. 65.1 (c) A student participating in a comprehensive youth 65.2 apprenticeship program must sign a youth apprenticeship 65.3 agreement with participating entities that obligates youth 65.4 apprentices, their parents or guardians, employers, and schools 65.5 to meet program requirements; indicates how academic65.6instruction, work-based learning, and worksite learning and65.7experience will be integrated; ensures that successful youth65.8apprentices will receive a recognized credential of academic and65.9occupational proficiency; and establishes the wage rate and65.10other benefits for which youth apprentices are eligible while65.11employed during the program.65.12(d) Secondary school principals, counselors, or business65.13mentors familiar with the education to employment transitions65.14system must inform entering secondary school students about65.15available occupational and career opportunities and the option65.16of entering a youth apprenticeship or other work-based learning65.17program to obtain post-secondary academic and occupational65.18credentials. 65.19 Sec. 25. Minnesota Statutes 2000, section 124D.49, 65.20 subdivision 3, is amended to read: 65.21 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 65.22 SYSTEMS.] A local education and employment transitions 65.23 partnership must assess the needs of employers, employees, and 65.24 learners, and develop a plan for implementing and achieving the 65.25 objectives of a local or regional education and employment 65.26 transitions system. The plan must provide for a comprehensive 65.27 local system for assisting learners and workers in making the 65.28 transition from school to work or for retraining in a new 65.29 vocational area. Theobjectivesexpected outcomes of a local 65.30 education and employment transitions system include: 65.31 (1) increasing the effectiveness of the educational 65.32 programsand curriculum of elementary, secondary, and65.33post-secondary schoolswhich meet state and local graduation 65.34 standards andthe work site in preparingprepare students in the 65.35 skills and knowledge needed to be successful in the workplace; 65.36 (2) implementing learner outcomes for students in grades 66.1 kindergarten through 12 designed to introduce the world of work 66.2 and to explore career opportunities, including nontraditional 66.3 career opportunities; 66.4 (3)eliminating barriers to providing effective integrated66.5applied learning, service-learning, or work-based curriculum;66.6(4) increasing opportunities to apply academic knowledge66.7and skills, including skills needed in the workplace, in local66.8settings which include the school, school-based enterprises,66.9post-secondary institutions, the workplace, and the community;66.10(5) increasing applied instruction in the attitudes and66.11skills essential for success in the workplace, including66.12cooperative working, leadership, problem-solving, and respect66.13for diversity;66.14(6)providing staff training for vocational guidance 66.15 counselors, teachers, and other appropriate staff in the 66.16 importance of preparing learners for the transition to work, and 66.17 in methods of providing instruction that incorporate applied 66.18 learning, work-based learning, and service-learning experiences; 66.19(7)(4) identifying and enlisting local and regional 66.20 employers who can effectively provide work-based or 66.21 service-learning opportunities, including, but not limited to, 66.22 apprenticeships, internships, and mentorships; 66.23(8)(5) recruiting community and workplace mentors 66.24 including peers, parents, employers and employed individuals 66.25 from the community, and employers of high school students; 66.26(9)(6) identifying current and emerging educational, 66.27 training, and employment needs of the area or region, especially 66.28 within industries with potential for job growth; 66.29(10)(7) improving the coordination and effectiveness of 66.30 local vocational and job training programs, including vocational 66.31 education, adult basic education, tech prep, apprenticeship, 66.32 service-learning, youth entrepreneur, youth training and 66.33 employment programs administered by the commissioner of economic 66.34 security, and local job training programs under the Job Training 66.35 Partnership Act, United States Code, title 29, section 1501, et 66.36 seq.; 67.1(11)(8) identifying and applying for federal, state, 67.2 local, and private sources of funding for vocational or applied 67.3 learning programs; 67.4(12)(9) providing students with current information and 67.5 counseling about career opportunities, potential employment, 67.6 educational opportunities in post-secondary institutions, 67.7 workplaces, and the community, and the skills and knowledge 67.8 necessary to succeed; 67.9(13) providing educational technology, including67.10interactive television networks and other distance learning67.11methods, to ensure access to a broad variety of work-based67.12learning opportunities;67.13(14)(10) including students with disabilities in a 67.14 district's vocational or applied learning program and ways to 67.15 serve at-risk learners through collaboration with area learning 67.16 centers under sections 123A.05 to 123A.09, or other alternative 67.17 programs; and 67.18(15)(11) providing a warranty to employers, post-secondary 67.19 education programs, and other post-secondary training programs, 67.20 that learners successfully completing a high school work-based 67.21 or applied learning program will be able to apply the knowledge 67.22 and work skills included in the program outcomes or graduation 67.23 requirements. The warranty shall require education and training 67.24 programs to continue to work with those learners that need 67.25 additional skill development until they can demonstrate 67.26 achievement of the program outcomes or graduation requirements. 67.27 Sec. 26. Minnesota Statutes 2000, section 124D.50, 67.28 subdivision 2, is amended to read: 67.29 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 67.30 commissioner, in consultation with the commission, shall develop 67.31 a service-learningprogram curriculum that includes apolicy 67.32 framework and strategies for youth community service and an 67.33 infrastructure for mentoring youth. The commissioner shall 67.34 include in the curriculum at least the following: 67.35 (1) youth community service strategies that enable young 67.36 people to make significant contributions to the welfare of their 68.1 community through such organizations as schools, colleges, 68.2 government agencies, and community-based organizations or 68.3 through individual efforts; 68.4 (2) mentoring strategies that enable young people to be 68.5 matched with caring, responsible individuals who can encourage 68.6 and guide the young people in their personal growth and 68.7 development; 68.8 (3) guidelines, criteria, and procedures for community 68.9 service programs that incorporate the results of the study in 68.10 subdivision 1; and 68.11 (4) criteria for community service activities and 68.12 service-learning. 68.13 Sec. 27. Minnesota Statutes 2000, section 124D.50, 68.14 subdivision 3, is amended to read: 68.15 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 68.16 EDUCATION LEVEL.] The service-learningcurriculumframework must 68.17 accommodate students' grade level or the last completed grade 68.18 level of the participants not currently enrolled in school. 68.19 Schools must provide at least the following: 68.20 (1) for students in grades 7 to 9, an opportunity to learn 68.21 about service-learning activities and possible occupations; 68.22 (2) for students in grade 10, an opportunity to apply for 68.23 service-learning under section 124D.19 subdivision 10, and youth 68.24 apprenticeship programs; and 68.25 (3) for students in grades 11 and 12 and young people not 68.26 currently enrolled in school, an opportunity to become involved 68.27 in community service activities, participate in youth 68.28 apprenticeship programs, and, depending upon the individual's 68.29 demonstrated abilities, complete high school or pursue 68.30 post-secondary coursework. 68.31 Sec. 28. Minnesota Statutes 2000, section 124D.65, 68.32 subdivision 6, is amended to read: 68.33 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 68.34 counting the number of pupils of limited English proficiency for 68.35 purposes of this section, districts may include pupils of 68.36 limited English proficiency who attend nonpublic schools in the 69.1 district. A district which counts those pupils and receives aid 69.2 pursuant to this section must offer those pupils the same 69.3 programs on the same terms that it offers to pupils of limited 69.4 English proficiency who attend the public school. A program 69.5 provided for a nonpublic school pupil pursuant to this 69.6 subdivision must be provided at a public schoolor, a neutral 69.7 site as defined in section 123B.41, subdivision 13, the 69.8 nonpublic school, or any other suitable location. The school 69.9 district must make the final decision on the location of these 69.10 services. Nonpublic school pupils served by a district's 69.11 educational program for pupils of limited English proficiency 69.12 must be counted for average daily membership pursuant to 69.13 sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 69.14 1 to 4. 69.15 Sec. 29. Minnesota Statutes 2000, section 124D.74, 69.16 subdivision 1, is amended to read: 69.17 Subdivision 1. [PROGRAMDESCRIBEDOUTCOMES.] American 69.18 Indian language and culture education programs areprograms in69.19elementary and secondary schools enrolling American Indian69.20childrendesigned: 69.21 (1) to make the curriculum more relevant to the needs, 69.22 interests, and cultural heritage of American Indian pupils; 69.23 (2) to provide positive reinforcement of the self-image of 69.24 American Indian pupils; and 69.25 (3) to develop intercultural awareness among pupils, 69.26 parents, and staff.Program components may include:69.27instruction in American Indian language, literature, history,69.28and culture; development of support components for staff,69.29including in-service training and technical assistance in69.30methods of teaching American Indian pupils; research projects,69.31including experimentation with and evaluation of methods of69.32relating to American Indian pupils; provision of personal and69.33vocational counseling to American Indian pupils; modification of69.34curriculum, instructional methods, and administrative procedures69.35to meet the needs of American Indian pupils; and establishment69.36of cooperative liaisons with nonsectarian nonpublic, community,70.1tribal or alternative schools offering curricula which reflect70.2American Indian culture.Districts offering programs may make 70.3 contracts for the provision of program components by 70.4 nonsectarian nonpublic, community, tribal or alternative 70.5 schools. These programs may also be provided as components of 70.6 early childhood and family education programs. 70.7 Sec. 30. Minnesota Statutes 2000, section 124D.88, 70.8 subdivision 2, is amended to read: 70.9 Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.]To the70.10extent money is available,The commissioner may approve projects 70.11 from applications submitted under this section. The grant money 70.12 must be used only to design, acquire, construct, expand, 70.13 remodel, improve, furnish, or equip the building or site of a 70.14 magnet school facility according to contracts entered into 70.15 within 24 months after the date on which a grant is awarded. 70.16 Sec. 31. Minnesota Statutes 2000, section 124D.892, is 70.17 amended to read: 70.18 124D.892 [OFFICE OFDESEGREGATION/INTEGRATION.] 70.19 Subdivision 1. [ESTABLISHMENT.] (a)An office of70.20desegregation/integration is established inThedepartment70.21 commissioner of children, families, and learningtomust 70.22 coordinate and support activities related to student enrollment, 70.23 student and staff recruitment and retention, transportation, and 70.24 interdistrict cooperation among metropolitan school districts. 70.25 (b) At the request of a metropolitan school district 70.26 involved in cooperative desegregation/integration efforts, the 70.27officecommissioner shall perform any of the following 70.28 activities: 70.29 (1) assist districts with interdistrict student transfers, 70.30 including student recruitment, counseling, placement, and 70.31 transportation; 70.32 (2) coordinate and disseminate information about schools 70.33 and programs; 70.34 (3) assist districts with new magnet schools and programs; 70.35 (4) assist districts in providing staff development and 70.36 in-service training; and 71.1 (5) coordinate and administer staff exchanges. 71.2 (c) Theofficecommissioner shall collect data on the 71.3 efficacy of districts' desegregation/integration efforts and 71.4 make recommendations based on the data. Theofficecommissioner 71.5 shall periodically consult with the metropolitan council to 71.6 coordinate school desegregation/integration efforts with the 71.7 housing, social, economic, and infrastructure needs of the 71.8 metropolitan area. Theofficecommissioner shall develop a 71.9 process for resolving students' disputes and grievances about 71.10 student transfers under a desegregation/integration plan. 71.11 Subd. 2. [COORDINATION.] The commissioner may request 71.12 information or assistance from, or contract with, any state or 71.13 local agency or officer, local unit of government, or recognized 71.14 expert to assist the commissioner in performing the activities 71.15 described in subdivision 1. 71.16 Subd. 3. [ADVISORY BOARD.] The commissioner shall 71.17 establish an advisory board composed of: 71.18 (1) nine superintendents, eight shall be selected by the 71.19 superintendents of the school districts located in whole or in 71.20 part within each of the eight metropolitan districts established 71.21 under section 473.123, subdivision 3c, and one superintendent of 71.22 a district outside the seven-county metropolitan area and is 71.23 from a district that is considered racially isolated or has a 71.24 racially isolated school site according to Minnesota Rules, part 71.25 3535.0110; 71.26 (2) one person each selected by the Indian affairs council, 71.27 the council on Asian-Pacific Minnesotans, the council on Black 71.28 Minnesotans, and the council on affairs of Chicano/Latino 71.29 people; and 71.30 (3) the superintendent of independent school district No. 71.31 709, Duluth. 71.32 The advisory board shall advise theofficecommissioner on 71.33 complying with the requirements under subdivision 1. The 71.34 advisory board may solicit comments from teachers, parents, 71.35 students, and interested community organizations and others. 71.36 Sec. 32. Minnesota Statutes 2000, section 124D.894, is 72.1 amended to read: 72.2 124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 72.3 COMMITTEE.] 72.4 (a) The commissioner shall appoint a state multicultural 72.5 education advisory committee to advise the department and the 72.6 state board on multicultural education. The committee must have 72.7 12 members and be composed of representatives from among the 72.8 following groups and community organizations: African-American, 72.9 Asian-Pacific, Hispanic, and American Indian. 72.10 (b) The state committee shall provide information and 72.11 recommendations on: 72.12 (1) department procedures for reviewing and approving 72.13 district plans and disseminating information on multicultural 72.14 education; 72.15 (2) department procedures for improving inclusive education 72.16 plans, curriculum and instruction improvement plans, and 72.17 performance-based assessments; 72.18 (3) developing learner outcomes which are multicultural; 72.19 and 72.20 (4) other recommendations that will further inclusive, 72.21 multicultural education. 72.22(c) The committee shall also participate in determining the72.23criteria for and awarding the grants established under Laws72.241993, chapter 224, article 8, section 22, subdivision 8.72.25 Sec. 33. Minnesota Statutes 2000, section 124D.94, 72.26 subdivision 2, is amended to read: 72.27 Subd. 2. [CREATION OF FOUNDATION.] There is created the 72.28 Minnesota academic excellence foundation.The purpose of the72.29foundation shall be to promote academic excellence in Minnesota72.30public and nonpublic schools and communities through72.31public-private partnerships.The foundation shall be a 72.32 nonprofit organization. The board of directors of the 72.33 foundation and foundation activities are under the direction of 72.34 the commissioner of children, families, and learning. 72.35 Sec. 34. Minnesota Statutes 2000, section 124D.94, 72.36 subdivision 4, is amended to read: 73.1 Subd. 4. [FOUNDATION PROGRAMS.] The foundationmayshall 73.2 develop programs that advance the concept of educational 73.3 excellence in Minnesota public and nonpublic schools and 73.4 communities through public-private partnerships.These may73.5include, but are not limited to:73.6(a) recognition programs and awards for students73.7demonstrating academic excellence;73.8(b) summer institute programs for students with special73.9talents;73.10(c) recognition programs for teachers, administrators, and73.11others who contribute to academic excellence;73.12(d) summer mentorship programs with business and industry73.13for students with special career interests and high academic73.14achievements;73.15(e) governor's awards ceremonies and special campaigns to73.16promote awareness and expectation for academic achievement;73.17(f) an academic league to provide organized challenges73.18requiring cooperation and competition for public and nonpublic73.19pupils in elementary and secondary schools;73.20(g) systemic transformation initiatives and assistance and73.21training to community teams to increase school performance in73.22the state's education institutions through strategic quality73.23planning for continuous improvement, empowerment of multiple73.24stakeholders, validation of results via customer-supplier73.25relationships, and a total system approach based on best73.26practices in key process areas; and73.27(h) activities to measure customer satisfaction for73.28delivery of services to education institutions in order to plan73.29for and implement continuous improvement.73.30To the extent possible, the foundation shall make these73.31programs available to students in all parts of the state.73.32 Sec. 35. [REVISOR INSTRUCTION.] 73.33 In the next and subsequent editions of Minnesota Statutes 73.34 and Minnesota Rules, the revisor of statutes shall renumber each 73.35 section of Minnesota Statutes in column A with the number in 73.36 column B. The revisor shall also make necessary cross-reference 74.1 changes consistent with the renumbering. 74.2 A B 74.3 124D.35 124D.46, subd. 7 74.4 124D.46, subd. 4 268.665, subd. 7 74.5 124D.47, subd. 2 124D.46, subd. 8 74.6 Sec. 36. [REPEALER.] 74.7 (a) Minnesota Statutes 2000, sections 124D.02, subdivisions 74.8 2, 3, and 4; 124D.03, subdivisions 5, 7, 9, 10; 124D.06; 74.9 124D.07; 124D.081, subdivision 1; 124D.09, subdivisions 2, 8, 74.10 25, and 26; 124D.10, subdivision 13; 124D.115, subdivisions 1 74.11 and 2; 124D.118, subdivision 1; 124D.12; 124D.121; 124D.122; 74.12 124D.123; 124D.124; 124D.125; 124D.126; 124D.127; 124D.128, 74.13 subdivisions 1, 3, and 5; 124D.31; 124D.34, subdivision 5; 74.14 124D.43; 124D.46, subdivision 3; 124D.47, subdivision 1; 74.15 124D.50, subdivisions 1, 2, and 3; 124D.60, subdivision 3; 74.16 124D.65, subdivisions 8, 9, and 10; 124D.68, subdivision 1; 74.17 124D.72; 124D.81, subdivision 7; 124D.88, subdivision 1; 74.18 124D.895; 124D.90, subdivision 5; 124D.91; 124D.92; and 124D.93, 74.19 are repealed. 74.20 (b) Minnesota Statutes 2000, section 124D.128, subdivision 74.21 6, is repealed effective July 1, 2001. 74.22 ARTICLE 8 74.23 EDUCATION AND TECHNOLOGY 74.24 Section 1. Minnesota Statutes 2000, section 125B.05, 74.25 subdivision 1, is amended to read: 74.26 Subdivision 1. [INFORMATION SYSTEM.] The department of 74.27 children, families, and learning shall develop and maintaina74.28computerizedan information system for state information needs. 74.29 Sec. 2. Minnesota Statutes 2000, section 125B.05, 74.30 subdivision 2, is amended to read: 74.31 Subd. 2. [PURPOSES.] The purposes of thecomputerized74.32 information system shall be: 74.33 (a) To provide comparable and accurate educational 74.34 information in a manner which is timely and economical; 74.35 (b) To ensure accountability for state appropriations; 74.36 (c) To collect data to assess the needs of learners and 75.1 children; 75.2 (d) To provide school districts with an educational 75.3 information system capability which will meet school district 75.4 management needs; and 75.5 (e) To provide forcomputerizedanalysis of educational 75.6 information to meet the management needs of the state of 75.7 Minnesota. 75.8 Sec. 3. Minnesota Statutes 2000, section 125B.20, 75.9 subdivision 1, is amended to read: 75.10 Subdivision 1. [ESTABLISHMENT; PURPOSE.]The purpose of75.11developing a statewide school district telecommunications75.12network is to expand the availability of a broad range of75.13courses and degrees to students throughout the state, to share75.14information resources to improve access, quality, and75.15efficiency, to improve learning, and distance cooperative75.16learning opportunities, and to promote the exchange of ideas75.17among students, parents, teachers, media generalists,75.18librarians, and the public. In addition, through the75.19development of this statewide telecommunications network75.20emphasizing cost-effective, competitive connections, all75.21Minnesotans will benefit by enhancing access to75.22telecommunications technology throughout the state. Network75.23connections for school districts and public libraries are75.24coordinated and fully integrated into the existing state75.25telecommunications and interactive television networks to75.26achieve comprehensive and efficient interconnectivity of school75.27districts and libraries to higher education institutions, state75.28agencies, other governmental units, agencies, and institutions75.29throughout Minnesota. A school district may apply to the75.30commissioner for a grant under subdivision 2, and a regional75.31public library may apply under subdivision 3.The Minnesota 75.32 education telecommunications council established in Laws 1995, 75.33 First Special Session chapter 3, article 12, section 7, shall 75.34 establish priorities for awarding grants, making grant awards, 75.35 and being responsible for the coordination of networks. 75.36 Sec. 4. Minnesota Statutes 2000, section 125B.20, 76.1 subdivision 4, is amended to read: 76.2 Subd. 4. [AWARD OF GRANTS.] The council shall develop 76.3 application forms and procedures for telecommunication access 76.4 grants. The council shall select the grant recipientand shall76.5promptly notify any applicant that is found not to be76.6qualified. The commissioner shall make the grant payments 76.7 directly to the school district or regional library system. At 76.8 the request of the district or regional library system, the 76.9 commissioner may make the grant payment directly to the 76.10 coordinating organization. 76.11 Sec. 5. [REPEALER.] 76.12 Minnesota Statutes 2000, sections 125B.02; 125B.07, 76.13 subdivisions 1, 3, and 5; 125B.09; and 125B.11, are repealed. 76.14 ARTICLE 9 76.15 EDUCATION FUNDING 76.16 Section 1. Minnesota Statutes 2000, section 126C.05, 76.17 subdivision 1, is amended to read: 76.18 Subdivision 1. [PUPIL UNIT.] Pupil units for each 76.19 Minnesota resident pupil in average daily membership enrolled in 76.20 the district of residence, in another district under sections 76.21 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 76.22 124D.68; in a charter school under section 124D.10; or for whom 76.23 the resident district pays tuition under section 123A.18, 76.24 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 76.25 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 76.26 125A.65, shall be counted according to this subdivision. A 76.27 district may not count a person who is over the age of 21, 76.28 except as provided in section 125A.03, or who has graduated from 76.29 high school and is enrolled as a part-time student in a class or 76.30 program as a pupil unit. 76.31 (a) A prekindergarten pupil with a disability who is 76.32 enrolled in a program approved by the commissioner and has an 76.33 individual education plan is counted as the ratio of the number 76.34 of hours of assessment and education service to 825 times 1.25 76.35 with a minimum of 0.28, but not more than 1.25. 76.36 (b) A prekindergarten pupil who is assessed but determined 77.1 not to be handicapped is counted as the ratio of the number of 77.2 hours of assessment service to 825 times 1.25. 77.3 (c) A kindergarten pupil with a disability who is enrolled 77.4 in a program approved by the commissioner is counted as the 77.5 ratio of the number of hours of assessment and education 77.6 services required in the fiscal year by the pupil's individual 77.7 education program plan to 875, but not more than one. 77.8 (d) A kindergarten pupil who is not included in paragraph 77.9 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 77.10 thereafter. 77.11 (e) A pupil who is in any of grades 1 to 3 is counted as 77.12 1.115 pupil units for fiscal year 2000 and thereafter. 77.13 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 77.14 pupil units for fiscal year 1995 and thereafter. 77.15 (g) A pupil who is in any of grades 7 to 12 is counted as 77.16 1.3 pupil units. 77.17 (h) A pupil who is in the post-secondary enrollment options 77.18 program is counted as 1.3 pupil units. 77.19 Sec. 2. Minnesota Statutes 2000, section 126C.17, 77.20 subdivision 11, is amended to read: 77.21 Subd. 11. [REFERENDUM DATE.] In addition to the referenda 77.22 allowed in subdivision 9, clause (a), the commissioner may 77.23 authorize a referendum for a different day. 77.24 (a) The commissioner may grant authority to a district to 77.25 hold a referendum on a different day if the district is in 77.26 statutory operating debt and has an approved plan or has 77.27 received an extension from the department to file a plan to 77.28 eliminate the statutory operating debt. 77.29 (b)The commissioner may grant authority for a district to77.30hold a referendum on a different day if: (1) the district will77.31conduct a bond election under chapter 475 on that same day; and77.32(2) the proceeds of the referendum will provide only additional77.33operating revenue complementing the purpose for which bonding77.34authority is sought. The commissioner may only grant authority77.35under this paragraph if the district demonstrates to the77.36commissioner's satisfaction that the district's ability to78.1operate the new facility or achieve efficiencies with the78.2purchases connected to the proceeds of the bond sale will be78.3significantly affected if the operating referendum is not78.4conducted until the November general election. Authority under78.5this paragraph expires November 30, 1998.78.6(c)The commissioner must approve, deny, or modify each 78.7 district's request for a referendum levy on a different day 78.8 within 60 days of receiving the request from a district. 78.9 Sec. 3. Minnesota Statutes 2000, section 126C.31, is 78.10 amended to read: 78.11 126C.31 [POLICY.] 78.12Financing the education of our children is one of state78.13government's most important functions. In performing this78.14function, the state seeks to provide sufficient funding while78.15encouraging equity, accountability, and incentives toward78.16quality improvement. To help achieve these goals and to help78.17control future spending growthTo ensure students have access to 78.18 educational programs and services that meet their academic 78.19 needs, the state will fund core instruction and related support 78.20 services, will facilitate improvement inthequalityand78.21delivery of programs andservices, and will equalize revenues 78.22 raised locally for discretionary purposes. 78.23 Sec. 4. Minnesota Statutes 2000, section 126C.48, 78.24 subdivision 8, is amended to read: 78.25 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 78.26 Reductions in levies pursuant to sections 126C.48, subdivision 78.27 1, and 273.138, must be made prior to the reductions in clause 78.28 (2). 78.29 (2)Notwithstanding any other law to the contrary,78.30 Districts which received payments pursuant to sections 298.018; 78.31 298.24 to 298.28, except an amount distributed under section 78.32 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 78.33 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 78.34 upon severed mineral values, or recognized revenue pursuant to 78.35 section 477A.15; must not include a portion of these aids in 78.36 their permissible levies pursuant to those sections, but instead 79.1 must reduce the permissible levies authorized by this chapter 79.2 and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A 79.3 by the greater of the following: 79.4 (a) an amount equal to 50 percent of the total dollar 79.5 amount of the payments received pursuant to those sections or 79.6 revenue recognized pursuant to section 477A.15 in the previous 79.7 fiscal year; or 79.8 (b) an amount equal to the total dollar amount of the 79.9 payments received pursuant to those sections or revenue 79.10 recognized pursuant to section 477A.15 in the previous fiscal 79.11 year less the product of the same dollar amount of payments or 79.12 revenue times five percent. 79.13 (3) No reduction pursuant to this subdivision shall reduce 79.14 the levy made by the district pursuant to section 126C.13, to an 79.15 amount less than the amount raised by a levy of a net tax rate 79.16 of 6.82 percent times the adjusted net tax capacity for taxes 79.17 payable in 1990 and thereafter of that district for the 79.18 preceding year as determined by the commissioner. The amount of 79.19 any increased levy authorized by referendum pursuant to section 79.20 126C.17, subdivision 9, shall not be reduced pursuant to this 79.21 subdivision. The amount of any levy authorized by section 79.22 126C.43, to make payments for bonds issued and for interest 79.23 thereon, shall not be reduced pursuant to this subdivision. 79.24 (4) Before computing the reduction pursuant to this 79.25 subdivision of the health and safety levy authorized by sections 79.26 123B.57 and 126C.40, subdivision 5, the commissioner shall 79.27 ascertain from each affected school district the amount it 79.28 proposes to levy under each section or subdivision. The 79.29 reduction shall be computed on the basis of the amount so 79.30 ascertained. 79.31 (5)Notwithstanding any law to the contrary,Any amounts 79.32 received by districts in any fiscal year pursuant to sections 79.33 298.018; 298.24 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 79.34 298.405; or any law imposing a tax on severed mineral values; 79.35 and not deducted from general education aid pursuant to section 79.36 126C.21, subdivision 4, clause (2), and not applied to reduce 80.1 levies pursuant to this subdivision shall be paid by the 80.2 district to the St. Louis county auditor in the following amount 80.3 by March 15 of each year, the amount required to be subtracted 80.4 from the previous fiscal year's general education aid pursuant 80.5 to section 126C.21, subdivision 4, which is in excess of the 80.6 general education aid earned for that fiscal year. The county 80.7 auditor shall deposit any amounts received pursuant to this 80.8 clause in the St. Louis county treasury for purposes of paying 80.9 the taconite homestead credit as provided in section 273.135. 80.10 ARTICLE 10 80.11 STATE ADMINISTRATION OF EDUCATION 80.12 Section 1. Minnesota Statutes 2000, section 127A.05, 80.13 subdivision 1, is amended to read: 80.14 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 80.15 shall be under the administrative control of the commissioner of 80.16 children, families, and learning which office is established. 80.17 The governor shall appoint the commissioner under the provisions 80.18 of section 15.06. 80.19 The commissioner shall be a person who possesses 80.20 educational attainment and breadth of experience in the 80.21 administration of public education and of the finances 80.22 pertaining thereto commensurate with the spirit and intent of 80.23 this code.Notwithstanding any other law to the contrary, the80.24commissioner may appoint two deputy commissioners who shall80.25serve in the unclassified service.The commissioner shall also 80.26 appoint other employees as may be necessary for the organization 80.27 of the department. The commissioner shall perform such duties 80.28 as the law and rules may provide and be held responsible for the 80.29 efficient administration and discipline of the department. The 80.30 commissioner is charged with the execution of powers and duties 80.31 to promote public education in the state and to safeguard the 80.32 finances pertaining thereto. 80.33 Sec. 2. Minnesota Statutes 2000, section 127A.05, 80.34 subdivision 3, is amended to read: 80.35 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 80.36 EDUCATIONAL AGENCIES.] The commissioner of children, families, 81.1 and learning shalladopt goals for andexercise general 81.2 supervision over public schools and other public educational 81.3 agencies in the state, classify and standardize public81.4elementary and secondary schools, and prepare for them outlines81.5and suggested courses of study. The commissioner shall develop81.6a plan to attain the adopted goals. The commissioner may 81.7 recognize educational accrediting agencies for the sole purposes 81.8 of sections 120A.22, 120A.24, and 120A.26. 81.9 Sec. 3. Minnesota Statutes 2000, section 127A.06, is 81.10 amended to read: 81.11 127A.06 [RECOMMENDATIONS; BUDGET.] 81.12The commissioner of children, families, and learning shall81.13recommend to the governor and legislature such modification and81.14unification of laws relating to the state system of education as81.15shall make those laws more readily understood and more effective81.16in execution.The commissioner of children, families, and 81.17 learning shall prepare a biennial education budget which shall 81.18 be submitted to the governor and legislature, such budget to 81.19 contain a complete statement of finances pertaining to the 81.20maintenanceoperations of the state department and to the 81.21 distribution of state aid. 81.22 Sec. 4. Minnesota Statutes 2000, section 127A.41, 81.23 subdivision 7, is amended to read: 81.24 Subd. 7. [SCHEDULE ADJUSTMENTS.](a) It is the intention81.25of the legislature to encourage efficient and effective use of81.26staff and facilities by districts. Districts are encouraged to81.27consider both cost and energy saving measures.81.28(b)Any district operating a program pursuant to sections 81.29 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 81.30 operating a commissioner-designated area learning center program 81.31 under section 123A.09, or that otherwise receives the approval 81.32 of the commissioner to operate its instructional program to 81.33 avoid an aid reduction in any year, may adjust the annual school 81.34 schedule for that program throughout the calendar year. 81.35 Sec. 5. Minnesota Statutes 2000, section 127A.42, 81.36 subdivision 2, is amended to read: 82.1 Subd. 2. [VIOLATIONS OF LAW.] The commissionershallmay 82.2 reduce the district'sspecialstate aid for any school year 82.3 whenever the board of the district authorizes or permits 82.4 violations of law within the districtby:. 82.5(1) employing a teacher who does not hold a valid teaching82.6license or permit in a public school;82.7(2) noncompliance with a mandatory rule of general82.8application promulgated by the commissioner in accordance with82.9statute, unless special circumstances make enforcement82.10inequitable, impose an extraordinary hardship on the district,82.11or the rule is contrary to the district's best interests;82.12(3) the district's continued performance of a contract made82.13for the rental of rooms or buildings for school purposes or for82.14the rental of any facility owned or operated by or under the82.15direction of any private organization, if the contract has been82.16disapproved, the time for review of the determination of82.17disapproval has expired, and no proceeding for review is82.18pending;82.19(4) any practice which is a violation of sections 1 and 282.20of article 13 of the Constitution of the state of Minnesota;82.21(5) failure to reasonably provide for a resident pupil's82.22school attendance under Minnesota Statutes; or82.23(6) noncompliance with state laws prohibiting82.24discrimination because of race, color, creed, religion, national82.25origin, sex, age, marital status, status with regard to public82.26assistance or disability, as defined in section 363.03.82.27The reduction must be made in the amount and upon the procedure82.28provided in this section or, in the case of the violation stated82.29in clause (1), upon the procedure provided in section 127A.43.82.30 Sec. 6. [REPEALER.] 82.31 Minnesota Statutes 2000, sections 127A.05, subdivision 5; 82.32 and 127A.41, subdivision 4, are repealed. 82.33 ARTICLE 11 82.34 PERPICH CENTER FOR ARTS EDUCATION 82.35 Section 1. Minnesota Statutes 2000, section 129C.10, 82.36 subdivision 3, is amended to read: 83.1 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 83.2 the powers necessary for the care, management, and control of 83.3 the Perpich center for arts education and all its real and 83.4 personal property. The powers shall include, but are not 83.5 limited to, those listed in this subdivision. 83.6 (b) The board may employ and discharge necessary employees, 83.7 and contract for other services to ensure the efficient 83.8 operation of the center for arts education. 83.9 (c) The board may receive and award grants. The board may 83.10 establish a charitable foundation and accept, in trust or 83.11 otherwise, any gift, grant, bequest, or devise for educational 83.12 purposes and hold, manage, invest, and dispose of them and the 83.13 proceeds and income of them according to the terms and 83.14 conditions of the gift, grant, bequest, or devise and its 83.15 acceptance. The board must adopt internal procedures to 83.16 administer and monitor aids and grants. 83.17 (d)The board may establish or coordinate evening,83.18continuing education, extension, and summer programs for83.19teachers and pupils.83.20(e) The board may identify pupils who have artistic talent,83.21either demonstrated or potential, in dance, literary arts, media83.22arts, music, theater, and visual arts, or in more than one art83.23form.83.24(f)The board must educate pupils with artistic talent by 83.25 providing: 83.26 (1) an interdisciplinary academic and arts program for 83.27 pupils in the 11th and 12th grades. The total number of pupils 83.28 accepted under this clause and clause (2) shall not exceed 300; 83.29 (2) additional instruction to pupils for a 13th grade. 83.30 Pupils eligible for this instruction are those enrolled in 12th 83.31 grade who need extra instruction and who apply to the board, or 83.32 pupils enrolled in the 12th grade who do not meet learner 83.33 outcomes established by the board; 83.34 (3) intensive arts seminars for one or two weeks for pupils 83.35 in grades 9 to 12; 83.36 (4) summer arts institutes for pupils in grades 9 to 12; 84.1 (5) artist mentor and extension programs in regional sites; 84.2 and 84.3 (6) teacher education programs for indirect curriculum 84.4 delivery. 84.5(g) The board may determine the location for the Perpich84.6center for arts education and any additional facilities related84.7to the center, including the authority to lease a temporary84.8facility.84.9(h)(e) The board must plan for the enrollment of pupils on 84.10 an equal basis from each congressional district. 84.11(i) The board may establish task forces as needed to advise84.12the board on policies and issues. The task forces expire as84.13provided in section 15.059, subdivision 6.84.14(j) The board may request the commissioner of children,84.15families, and learning for assistance and services.84.16(k) The board may enter into contracts with other public84.17and private agencies and institutions for residential and84.18building maintenance services if it determines that these84.19services could be provided more efficiently and less expensively84.20by a contractor than by the board itself. The board may also84.21enter into contracts with public or private agencies and84.22institutions, school districts or combinations of school84.23districts, or service cooperatives to provide supplemental84.24educational instruction and services.84.25(l) The board may provide or contract for services and84.26programs by and for the center for arts education, including a84.27store, operating in connection with the center; theatrical84.28events; and other programs and services that, in the84.29determination of the board, serve the purposes of the center.84.30(m)(f) The board may provide for transportation of pupils 84.31 to and from the center for arts education for all or part of the 84.32 school year, as the board considers advisable and subject to its84.33rules. Notwithstanding any other law to the contrary,and the 84.34 board may charge a reasonable fee for transportation of pupils. 84.35 Every driver providing transportation of pupils under this 84.36 paragraph must possess all qualifications required by the 85.1 commissioner of children, families, and learning.The board may85.2contract for furnishing authorized transportation under rules85.3established by the commissioner of children, families, and85.4learning and may purchase and furnish gasoline to a contract85.5carrier for use in the performance of a contract with the board85.6for transportation of pupils to and from the center for arts85.7education. When transportation is provided, scheduling of85.8routes, establishment of the location of bus stops, the manner85.9and method of transportation, the control and discipline of85.10pupils, and any other related matter is within the sole85.11discretion, control, and management of the board.85.12(n)(g) The board may provide room and board for its pupils. 85.13 If the board provides room and board, it shall charge a 85.14 reasonable fee for the room and board. The fee is not subject 85.15 to chapter 14 and is not a prohibited fee according to sections 85.16 123B.34 to 123B.39. 85.17(o)(h) The board may establish and set fees for services 85.18 and programs. If the board sets fees not authorized or 85.19 prohibited by the Minnesota public school fee law, it may do so 85.20 without complying with the requirements of section 123B.38. 85.21(p) The board may apply for all competitive grants85.22administered by agencies of the state and other government or85.23nongovernment sources.85.24 ARTICLE 12 85.25 REPEAL OF RULES 85.26 Section 1. [REPEALER.] 85.27 Minnesota Rules, parts 3505.4300; 3520.0400; 3530.2610; 85.28 3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 85.29 3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 85.30 3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 85.31 3530.2642; 3530.2644; 3545.0600; 3545.0700; 3545.0800; 85.32 3545.0900; and 3550.0100, are repealed. 85.33 [EFFECTIVE DATE.] This section is effective the day 85.34 following final enactment.