SF 2059

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; eliminating the state board of 
  1.3             education; creating a board of the Faribault 
  1.4             academies; transferring certain state board of 
  1.5             education duties to the commissioner of children, 
  1.6             families, and learning; prohibiting racial 
  1.7             segregation; amending Minnesota Statutes 1996, 
  1.8             sections 15.014, subdivision 3; 119B.20, subdivisions 
  1.9             5, 8, and 12; 120.03, subdivisions 1 and 5; 120.062, 
  1.10            subdivision 5; 120.064, subdivisions 4, 14, 17, 21, 
  1.11            and 24; 120.101, subdivisions 7 and 8; 120.102, 
  1.12            subdivision 3; 120.17, subdivisions 3, 3b, and 7a; 
  1.13            120.66, subdivisions 1 and 2; 121.02, subdivision 1; 
  1.14            121.1115, subdivision 1; 121.14; 121.148, subdivision 
  1.15            3; 121.16, by adding subdivisions; 121.1601, 
  1.16            subdivision 2; 121.612, subdivisions 2, 3, 6, 7, and 
  1.17            9; 125.05, subdivisions 1, 4, and 8; 125.1885, 
  1.18            subdivisions 1, 4, and 5; 128A.02, subdivisions 1, 3, 
  1.19            3b, 5, 6, and by adding a subdivision; 128A.022; 
  1.20            128A.023, subdivisions 1 and 2; 128A.026, subdivisions 
  1.21            1 and 3; 128A.07, subdivision 2; 169.448, subdivision 
  1.22            2; and 471.18; Minnesota Statutes 1997 Supplement, 
  1.23            sections 16B.465, subdivision 4; 120.05, subdivision 
  1.24            2; 120.064, subdivisions 8, 10, and 14a; 120.1045, 
  1.25            subdivision 1; 121.615, subdivisions 2, 6, 7, and 10; 
  1.26            125.05, subdivisions 1c and 2; 128A.02, subdivision 7; 
  1.27            169.974, subdivision 2; proposing coding for new law 
  1.28            in Minnesota Statutes, chapter 120; repealing 
  1.29            Minnesota Statutes 1996, sections 121.02, subdivisions 
  1.30            2a, 3, and 4; and 121.11, subdivisions 5, 7, 7b, 7d, 
  1.31            9, 11, 12, and 14; Minnesota Statutes 1997 Supplement, 
  1.32            section 121.11, subdivisions 7c and 7e. 
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34     Section 1.  Minnesota Statutes 1996, section 15.014, 
  1.35  subdivision 3, is amended to read: 
  1.36     Subd. 3.  [TASK FORCE FOR CURRICULUM DEVELOPMENT PURPOSES.] 
  1.37  In addition to the task forces for which compensation of members 
  1.38  is authorized in subdivision 2, the state board of 
  1.39  education commissioner of children, families, and learning may 
  2.1   create not to exceed no more than ten task forces, to be 
  2.2   compensated as provided in section 15.059, subdivision 6.  A 
  2.3   task force created pursuant to this subdivision shall be for 
  2.4   curriculum development purposes only and shall expire within one 
  2.5   year after its creation.  The task force shall report to 
  2.6   the state board commissioner before its expiration or upon the 
  2.7   completion of its task, whichever occurs first. 
  2.8      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.9   16B.465, subdivision 4, is amended to read: 
  2.10     Subd. 4.  [PROGRAM PARTICIPATION.] (a) The commissioner may 
  2.11  require the participation of state agencies, the state board of 
  2.12  education, and the board of trustees of the Minnesota state 
  2.13  colleges and universities and may request the participation of 
  2.14  the board of regents of the University of Minnesota, in the 
  2.15  planning and implementation of the network to provide 
  2.16  interconnective technologies.  The commissioner shall establish 
  2.17  reimbursement rates in cooperation with the commissioner of 
  2.18  finance to be billed to participating agencies and educational 
  2.19  institutions sufficient to cover the operating, maintenance, and 
  2.20  administrative costs of the system. 
  2.21     (b) A direct appropriation made to an educational 
  2.22  institution for usage costs associated with MNet must only be 
  2.23  used by the educational institution for payment of usage costs 
  2.24  of the network as billed by the commissioner of administration.  
  2.25     Sec. 3.  Minnesota Statutes 1996, section 119B.20, 
  2.26  subdivision 5, is amended to read: 
  2.27     Subd. 5.  [CHILD CARE WORKER.] "Child care worker" means a 
  2.28  person who cares for children for compensation, including a 
  2.29  licensed provider of child care services, an employee of a 
  2.30  provider, a person who has applied for a license as a provider, 
  2.31  or a person who meets the standards established by the state 
  2.32  board of education commissioner of children, families, and 
  2.33  learning. 
  2.34     Sec. 4.  Minnesota Statutes 1996, section 119B.20, 
  2.35  subdivision 8, is amended to read: 
  2.36     Subd. 8.  [INTERIM FINANCING.] "Interim financing" means 
  3.1   funds to carry out such activities as are necessary for family 
  3.2   day care homes, group family day care homes, and child care 
  3.3   centers to receive and maintain state licensing, to expand an 
  3.4   existing program or to improve program quality, and to provide 
  3.5   operating funds for a period of six consecutive months after a 
  3.6   family day care home, group family day care home, or child care 
  3.7   center becomes licensed or satisfies standards of the state 
  3.8   board of education commissioner of children, families, and 
  3.9   learning.  Interim financing may not exceed a period of 18 
  3.10  months. 
  3.11     Sec. 5.  Minnesota Statutes 1996, section 119B.20, 
  3.12  subdivision 12, is amended to read: 
  3.13     Subd. 12.  [TRAINING PROGRAM.] "Training program" means 
  3.14  child development courses offered by an accredited 
  3.15  post-secondary institution or similar training approved by a 
  3.16  county board or the department of children, families, and 
  3.17  learning.  To qualify as a training program under this section, 
  3.18  a course of study must teach specific skills that meet licensing 
  3.19  requirements or requirements of the state board of 
  3.20  education commissioner of children, families, and learning. 
  3.21     Sec. 6.  Minnesota Statutes 1996, section 120.03, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  Every child who has a hearing impairment, 
  3.24  visual disability, speech or language impairment, physical 
  3.25  handicap, other health impairment, mental handicap, 
  3.26  emotional/behavioral disorder, specific learning disability, or 
  3.27  deaf/blind disability and needs special instruction and 
  3.28  services, as determined by the standards of the state 
  3.29  board commissioner, is a child with a disability.  In addition, 
  3.30  every child under age five who needs special instruction and 
  3.31  services, as determined by the standards of the state board 
  3.32  commissioner, because the child has a substantial delay or has 
  3.33  an identifiable physical or mental condition known to hinder 
  3.34  normal development is a child with a disability. 
  3.35     Sec. 7.  Minnesota Statutes 1996, section 120.03, 
  3.36  subdivision 5, is amended to read: 
  4.1      Subd. 5.  A child with a short-term or temporary physical 
  4.2   or emotional illness or disability, as determined by the 
  4.3   standards of the state board commissioner, is not a child with a 
  4.4   disability.  
  4.5      Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  4.6   120.05, subdivision 2, is amended to read: 
  4.7      Subd. 2.  [DEFINITIONS.] (1) Elementary school means any 
  4.8   school with building, equipment, courses of study, class 
  4.9   schedules, enrollment of pupils ordinarily in prekindergarten 
  4.10  through grade 6 or any portion thereof and staff meeting the 
  4.11  standards established by the state board of education 
  4.12  commissioner of children, families, and learning. 
  4.13     The state board of education commissioner of children, 
  4.14  families, and learning shall not close a school or deny any 
  4.15  state aids to a district for its elementary schools because of 
  4.16  enrollment limitations classified in accordance with the 
  4.17  provisions of clause (1). 
  4.18     (2) Middle school means any school other than a secondary 
  4.19  school giving an approved course of study in a minimum of three 
  4.20  consecutive grades above 4th but below 10th with building, 
  4.21  equipment, courses of study, class schedules, enrollment, and 
  4.22  staff meeting the standards established by the state board of 
  4.23  education commissioner of children, families, and learning. 
  4.24     (3) Secondary school means any school with building, 
  4.25  equipment, courses of study, class schedules, enrollment of 
  4.26  pupils ordinarily in grades 7 through 12 or any portion thereof, 
  4.27  and staff meeting the standards established by the state board 
  4.28  of education commissioner of children, families, and learning. 
  4.29     (4) A vocational center school is one serving a group of 
  4.30  secondary schools with approved areas of secondary vocational 
  4.31  training and offering vocational secondary and adult programs 
  4.32  necessary to meet local needs and meeting standards established 
  4.33  by the state board of education commissioner of children, 
  4.34  families, and learning. 
  4.35     Sec. 9.  Minnesota Statutes 1996, section 120.062, 
  4.36  subdivision 5, is amended to read: 
  5.1      Subd. 5.  [DESEGREGATION DISTRICT TRANSFERS.] (a) This 
  5.2   subdivision applies to a transfer into or out of a district that 
  5.3   has a desegregation plan approved by the commissioner of 
  5.4   children, families, and learning.  
  5.5      (b) An application to transfer may be submitted at any time 
  5.6   for enrollment beginning at any time. 
  5.7      (c) The parent or guardian of a pupil who is a resident of 
  5.8   a district that has a desegregation plan must submit an 
  5.9   application to the resident district.  If the district accepts 
  5.10  the application, it must forward the application to the 
  5.11  nonresident district. 
  5.12     (d) The parent or guardian of a pupil who applies for 
  5.13  enrollment in a nonresident district that has a desegregation 
  5.14  plan must submit an application to the nonresident district.  
  5.15     (e) Each district must accept or reject an application it 
  5.16  receives and notify the parent or guardian in writing within 30 
  5.17  calendar days of receiving the application.  A notification of 
  5.18  acceptance must include the date enrollment can begin. 
  5.19     (f) If an application is rejected, the district must state 
  5.20  the reason for rejection in the notification.  If a district 
  5.21  that has a desegregation plan rejects an application for a 
  5.22  reason related to the desegregation plan, the district must 
  5.23  state with specificity how acceptance of the application would 
  5.24  result in noncompliance with state board department rules with 
  5.25  respect to the school or program for which application was made. 
  5.26     (g) If an application is accepted, the parent or guardian 
  5.27  must notify the nonresident district in writing within 15 
  5.28  calendar days of receiving the acceptance whether the pupil 
  5.29  intends to enroll in the nonresident district.  Notice of 
  5.30  intention to enroll obligates the pupil to enroll in the 
  5.31  nonresident district, unless the school boards of the resident 
  5.32  and nonresident districts agree otherwise.  If a parent or 
  5.33  guardian does not notify the nonresident district, the pupil may 
  5.34  not enroll in that nonresident district at that time, unless the 
  5.35  school boards of the resident and nonresident district agree 
  5.36  otherwise. 
  6.1      (h) Within 15 calendar days of receiving the notice from 
  6.2   the parent or guardian, the nonresident district shall notify 
  6.3   the resident district in writing of the pupil's intention to 
  6.4   enroll in the nonresident district.  
  6.5      (i) A pupil enrolled in a nonresident district under this 
  6.6   subdivision is not required to make annual or periodic 
  6.7   application for enrollment but may remain enrolled in the same 
  6.8   district.  A pupil may transfer to the resident district at any 
  6.9   time.  
  6.10     (j) A pupil enrolled in a nonresident district and applying 
  6.11  to transfer into or out of a district that has a desegregation 
  6.12  plan must follow the procedures of this subdivision.  For the 
  6.13  purposes of this type of transfer, "resident district" means the 
  6.14  nonresident district in which the pupil is enrolled at the time 
  6.15  of application.  
  6.16     (k) A district that has a desegregation plan approved by 
  6.17  the state board of education commissioner of children, families, 
  6.18  and learning must accept or reject each individual application 
  6.19  in a manner that will enable compliance with its desegregation 
  6.20  plan. 
  6.21     Sec. 10.  [120.0635] [RACIAL SEGREGATION PROHIBITED.] 
  6.22     Subdivision 1.  [DEFINITION.] (a) "Racial segregation" 
  6.23  means the intentional act or acts by a school district that has 
  6.24  the discriminatory purpose of causing students to attend 
  6.25  particular programs or schools within the district on the basis 
  6.26  of their race and causes a concentration of students of color at 
  6.27  a particular school. 
  6.28     (b) It is not segregation if the concentration of students 
  6.29  of color has occurred as the result of choices by parents, 
  6.30  students, or both. 
  6.31     Subd. 2.  [PROHIBITION.] Racial segregation is not 
  6.32  permitted in any school district. 
  6.33     Sec. 11.  Minnesota Statutes 1996, section 120.064, 
  6.34  subdivision 4, is amended to read: 
  6.35     Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
  6.36  authorize one or more licensed teachers under section 125.05, 
  7.1   subdivision 1, to operate a charter school subject to approval 
  7.2   by the state board of education commissioner of children, 
  7.3   families, and learning.  If a school board elects not to sponsor 
  7.4   a charter school, the applicant may appeal the school board's 
  7.5   decision to the state board of education commissioner of 
  7.6   children, families, and learning if two members of the school 
  7.7   board voted to sponsor the school.  If the state 
  7.8   board commissioner authorizes the school, the state board 
  7.9   commissioner shall sponsor the school according to this 
  7.10  section.  The school shall be organized and operated as a 
  7.11  cooperative under chapter 308A or nonprofit corporation under 
  7.12  chapter 317A.  
  7.13     (b) Before the operators may form and operate a school, the 
  7.14  sponsor must file an affidavit with the state board of education 
  7.15  commissioner of children, families, and learning stating its 
  7.16  intent to authorize a charter school.  The affidavit must state 
  7.17  the terms and conditions under which the sponsor would authorize 
  7.18  a charter school.  The state board commissioner must approve or 
  7.19  disapprove the sponsor's proposed authorization within 60 days 
  7.20  of receipt of the affidavit.  Failure to obtain state board the 
  7.21  commissioner's approval precludes a sponsor from authorizing the 
  7.22  charter school that was the subject of the affidavit.  
  7.23     (c) The operators authorized to organize and operate a 
  7.24  school shall hold an election for members of the school's board 
  7.25  of directors in a timely manner after the school is operating.  
  7.26  Any staff members who are employed at the school, including 
  7.27  teachers providing instruction under a contract with a 
  7.28  cooperative, and all parents of children enrolled in the school 
  7.29  may participate in the election.  Licensed teachers employed at 
  7.30  the school, including teachers providing instruction under a 
  7.31  contract with a cooperative, must be a majority of the members 
  7.32  of the board of directors.  A provisional board may operate 
  7.33  before the election of the school's board of directors.  Board 
  7.34  of director meetings must comply with section 471.705. 
  7.35     (d) The granting or renewal of a charter by a sponsoring 
  7.36  entity shall not be conditioned upon the bargaining unit status 
  8.1   of the employees of the school. 
  8.2      Sec. 12.  Minnesota Statutes 1997 Supplement, section 
  8.3   120.064, subdivision 8, is amended to read: 
  8.4      Subd. 8.  [REQUIREMENTS.] (a) A charter school shall meet 
  8.5   all applicable state and local health and safety requirements. 
  8.6      (b) A school sponsored by a school board may be located in 
  8.7   any district, unless the school board of the district of the 
  8.8   proposed location disapproves by written resolution.  If such a 
  8.9   school board denies a request to locate within its boundaries a 
  8.10  charter school sponsored by another school board, the sponsoring 
  8.11  school board may appeal to the state board of education 
  8.12  commissioner of children, families, and learning.  If the state 
  8.13  board commissioner authorizes the school, the state board 
  8.14  commissioner shall sponsor the school.  
  8.15     (c) A charter school must be nonsectarian in its programs, 
  8.16  admission policies, employment practices, and all other 
  8.17  operations.  A sponsor may not authorize a charter school or 
  8.18  program that is affiliated with a nonpublic sectarian school or 
  8.19  a religious institution. 
  8.20     (d) Charter schools shall not be used as a method of 
  8.21  providing education or generating revenue for students who are 
  8.22  being home-schooled. 
  8.23     (e) The primary focus of a charter school must be to 
  8.24  provide a comprehensive program of instruction for at least one 
  8.25  grade or age group from five through 18 years of age.  
  8.26  Instruction may be provided to people younger than five years 
  8.27  and older than 18 years of age. 
  8.28     (f) A charter school may not charge tuition. 
  8.29     (g) A charter school is subject to and shall comply with 
  8.30  chapter 363 and section 126.21. 
  8.31     (h) A charter school is subject to and shall comply with 
  8.32  The Pupil Fair Dismissal Act, sections 127.26 to 127.39, and the 
  8.33  Minnesota public school fee law, sections 120.71 to 120.76. 
  8.34     (i) A charter school is subject to the same financial 
  8.35  audits, audit procedures, and audit requirements as a school 
  8.36  district.  The audit must be consistent with the requirements of 
  9.1   sections 121.904 to 121.917, except to the extent deviations are 
  9.2   necessary because of the program at the school.  The department 
  9.3   of children, families, and learning, state auditor, or 
  9.4   legislative auditor may conduct financial, program, or 
  9.5   compliance audits. 
  9.6      (j) A charter school is a school district for the purposes 
  9.7   of tort liability under chapter 466. 
  9.8      Sec. 13.  Minnesota Statutes 1997 Supplement, section 
  9.9   120.064, subdivision 10, is amended to read: 
  9.10     Subd. 10.  [PUPIL PERFORMANCE.] A charter school must 
  9.11  design its programs to at least meet the outcomes adopted by the 
  9.12  state board of education commissioner of children, families, and 
  9.13  learning for public school students.  In the absence of state 
  9.14  board requirements adopted by the commissioner, the school must 
  9.15  meet the outcomes contained in the contract with the sponsor.  
  9.16  The achievement levels of the outcomes contained in the contract 
  9.17  may exceed the achievement levels of any outcomes adopted by the 
  9.18  state board commissioner for public school students. 
  9.19     Sec. 14.  Minnesota Statutes 1996, section 120.064, 
  9.20  subdivision 14, is amended to read: 
  9.21     Subd. 14.  [REPORTS.] A charter school must report at least 
  9.22  annually to its sponsor and the state board of education 
  9.23  commissioner of children, families, and learning the information 
  9.24  required by the sponsor or the state board commissioner.  The 
  9.25  reports are public data under chapter 13. 
  9.26     Sec. 15.  Minnesota Statutes 1997 Supplement, section 
  9.27  120.064, subdivision 14a, is amended to read: 
  9.28     Subd. 14a.  [REVIEW AND COMMENT.] The department shall 
  9.29  review and comment on the evaluation, by the chartering school 
  9.30  district, of the performance of a charter school before the 
  9.31  charter school's contract is renewed.  The information from the 
  9.32  review and comment shall be reported to the state board of 
  9.33  education commissioner of children, families, and learning in a 
  9.34  timely manner.  Periodically, the state board commissioner shall 
  9.35  report trends or suggestions based on the evaluation of charter 
  9.36  school contracts to the education committees of the state 
 10.1   legislature. 
 10.2      Sec. 16.  Minnesota Statutes 1996, section 120.064, 
 10.3   subdivision 17, is amended to read: 
 10.4      Subd. 17.  [INITIAL COSTS.] A sponsor may authorize a 
 10.5   charter school before the applicant has secured its space, 
 10.6   equipment, facilities, and personnel if the applicant indicates 
 10.7   the authority is necessary for it to raise working capital.  A 
 10.8   sponsor may not authorize a school before the state board of 
 10.9   education commissioner of children, families, and learning has 
 10.10  approved the authorization. 
 10.11     Sec. 17.  Minnesota Statutes 1996, section 120.064, 
 10.12  subdivision 21, is amended to read: 
 10.13     Subd. 21.  [CAUSES FOR NONRENEWAL OR TERMINATION.] (a) The 
 10.14  duration of the contract with a sponsor shall be for the term 
 10.15  contained in the contract according to subdivision 5.  The 
 10.16  sponsor may or may not renew a contract at the end of the term 
 10.17  for any ground listed in paragraph (b).  A sponsor may 
 10.18  unilaterally terminate a contract during the term of the 
 10.19  contract for any ground listed in paragraph (b).  At least 60 
 10.20  days before not renewing or terminating a contract, the sponsor 
 10.21  shall notify the board of directors of the charter school of the 
 10.22  proposed action in writing.  The notice shall state the grounds 
 10.23  for the proposed action in reasonable detail and that the 
 10.24  charter school's board of directors may request in writing an 
 10.25  informal hearing before the sponsor within 14 days of receiving 
 10.26  notice of nonrenewal or termination of the contract.  Failure by 
 10.27  the board of directors to make a written request for a hearing 
 10.28  within the 14-day period shall be treated as acquiescence to the 
 10.29  proposed action.  Upon receiving a timely written request for a 
 10.30  hearing, the sponsor shall give reasonable notice to the charter 
 10.31  school's board of directors of the hearing date.  The sponsor 
 10.32  shall conduct an informal hearing before taking final action.  
 10.33  The sponsor shall take final action to renew or not renew a 
 10.34  contract by the last day of classes in the school year.  If the 
 10.35  sponsor is a local school board, the school's board of directors 
 10.36  may appeal the sponsor's decision to the state board of 
 11.1   education commissioner of children, families, and learning.  
 11.2      (b) A contract may be terminated or not renewed upon any of 
 11.3   the following grounds: 
 11.4      (1) failure to meet the requirements for pupil performance 
 11.5   contained in the contract; 
 11.6      (2) failure to meet generally accepted standards of fiscal 
 11.7   management; 
 11.8      (3) for violations of law; or 
 11.9      (4) other good cause shown. 
 11.10     If a contract is terminated or not renewed, the school 
 11.11  shall be dissolved according to the applicable provisions of 
 11.12  chapter 308A or 317A. 
 11.13     Sec. 18.  Minnesota Statutes 1996, section 120.064, 
 11.14  subdivision 24, is amended to read: 
 11.15     Subd. 24.  [IMMUNITY.] The state board of education, 
 11.16  members of the state board commissioner of children, families, 
 11.17  and learning, a sponsor, members of the board of a sponsor in 
 11.18  their official capacity, and employees of a sponsor are immune 
 11.19  from civil or criminal liability with respect to all activities 
 11.20  related to a charter school they approve or sponsor.  The board 
 11.21  of directors shall obtain at least the amount of and types of 
 11.22  insurance required by the contract, according to subdivision 5. 
 11.23     Sec. 19.  Minnesota Statutes 1996, section 120.101, 
 11.24  subdivision 7, is amended to read: 
 11.25     Subd. 7.  [REQUIREMENTS FOR INSTRUCTORS.] A person who is 
 11.26  providing instruction to a child must meet at least one of the 
 11.27  following requirements:  
 11.28     (1) hold a valid Minnesota teaching license in the field 
 11.29  and for the grade level taught; 
 11.30     (2) be directly supervised by a person holding a valid 
 11.31  Minnesota teaching license; 
 11.32     (3) successfully complete a teacher competency examination; 
 11.33     (4) provide instruction in a school that is accredited by 
 11.34  an accrediting agency, recognized according to section 123.935, 
 11.35  subdivision 7, or recognized by the state board of 
 11.36  education commissioner of children, families, and learning; 
 12.1      (5) hold a baccalaureate degree; or 
 12.2      (6) be the parent of a child who is assessed according to 
 12.3   the procedures in subdivision 8.  
 12.4      Any person providing instruction in a public school must 
 12.5   meet the requirements of clause (1). 
 12.6      Sec. 20.  Minnesota Statutes 1996, section 120.101, 
 12.7   subdivision 8, is amended to read: 
 12.8      Subd. 8.  [ASSESSMENT OF PERFORMANCE.] (a) Each year the 
 12.9   performance of every child who is not enrolled in a public 
 12.10  school must be assessed using a nationally norm-referenced 
 12.11  standardized achievement examination.  The superintendent of the 
 12.12  district in which the child receives instruction and the person 
 12.13  in charge of the child's instruction must agree about the 
 12.14  specific examination to be used and the administration and 
 12.15  location of the examination.  
 12.16     (b) To the extent the examination in paragraph (a) does not 
 12.17  provide assessment in all of the subject areas in subdivision 6, 
 12.18  the parent must assess the child's performance in the applicable 
 12.19  subject area.  This requirement applies only to a parent who 
 12.20  provides instruction and does not meet the requirements of 
 12.21  subdivision 7, clause (1), (2), or (3).  
 12.22     (c) If the results of the assessments in paragraphs (a) and 
 12.23  (b) indicate that the child's performance on the total battery 
 12.24  score is at or below the 30th percentile or one grade level 
 12.25  below the performance level for children of the same age, the 
 12.26  parent shall obtain additional evaluation of the child's 
 12.27  abilities and performance for the purpose of determining whether 
 12.28  the child has learning problems.  
 12.29     (d) A child receiving instruction from a nonpublic school, 
 12.30  person, or institution that is accredited by an accrediting 
 12.31  agency, recognized according to section 123.935, subdivision 7, 
 12.32  or recognized by the state board of education commissioner of 
 12.33  children, families, and learning, is exempt from the 
 12.34  requirements of this subdivision.  
 12.35     Sec. 21.  Minnesota Statutes 1996, section 120.102, 
 12.36  subdivision 3, is amended to read: 
 13.1      Subd. 3.  [EXEMPTIONS.] A nonpublic school, person, or 
 13.2   other institution that is accredited by an accrediting agency, 
 13.3   recognized according to section 123.935, or recognized by the 
 13.4   state board of education commissioner of children, families, and 
 13.5   learning, is exempt from the requirements in subdivisions 1 and 
 13.6   2, except for the requirement in subdivision 1, clause (1). 
 13.7      Sec. 22.  Minnesota Statutes 1997 Supplement, section 
 13.8   120.1045, subdivision 1, is amended to read: 
 13.9      Subdivision 1.  [BACKGROUND CHECK REQUIRED.] (a) A school 
 13.10  hiring authority, as defined in subdivision 4, shall request a 
 13.11  criminal history background check from the superintendent of the 
 13.12  bureau of criminal apprehension on all individuals who are 
 13.13  offered employment in the school, as defined in subdivision 4.  
 13.14  In order to be eligible for employment, an individual who is 
 13.15  offered employment must provide an executed criminal history 
 13.16  consent form and a money order or check payable to either the 
 13.17  bureau of criminal apprehension or the school hiring authority, 
 13.18  at the election of the school hiring authority, in an amount 
 13.19  equal to the actual cost to the bureau of criminal apprehension 
 13.20  and the school district of conducting the criminal history 
 13.21  background check.  A school hiring authority electing to receive 
 13.22  payment may, at its discretion, accept payment in the form of a 
 13.23  negotiable instrument other than a money order or check and 
 13.24  shall pay the superintendent of the bureau of criminal 
 13.25  apprehension directly to conduct the background check.  The 
 13.26  superintendent of the bureau of criminal apprehension shall 
 13.27  conduct the background check by retrieving criminal history data 
 13.28  maintained in the criminal justice information system 
 13.29  computers.  A school hiring authority, at its discretion, may 
 13.30  elect not to request a criminal history background check on an 
 13.31  individual who holds an initial entrance license issued by the 
 13.32  state board of teaching or the state board of 
 13.33  education commissioner of children, families, and learning 
 13.34  within the 12 months preceding an offer of employment. 
 13.35     (b) A school hiring authority may use the results of a 
 13.36  criminal background check conducted at the request of another 
 14.1   school hiring authority if: 
 14.2      (1) the results of the criminal background check are on 
 14.3   file with the other school hiring authority or otherwise 
 14.4   accessible; 
 14.5      (2) the other school hiring authority conducted a criminal 
 14.6   background check within the previous 12 months; 
 14.7      (3) the individual who is the subject of the criminal 
 14.8   background check executes a written consent form giving a school 
 14.9   hiring authority access to the results of the check; and 
 14.10     (4) there is no reason to believe that the individual has 
 14.11  committed an act subsequent to the check that would disqualify 
 14.12  the individual for employment. 
 14.13     (c) A school hiring authority may, at its discretion, 
 14.14  request a criminal history background check from the 
 14.15  superintendent of the bureau of criminal apprehension on any 
 14.16  individual who seeks to enter a school or its grounds for the 
 14.17  purpose of serving as a school volunteer or working as an 
 14.18  independent contractor or student employee.  In order for an 
 14.19  individual to enter a school or its grounds under this paragraph 
 14.20  when the school hiring authority elects to request a criminal 
 14.21  history background check on the individual, the individual first 
 14.22  must provide an executed criminal history consent form and a 
 14.23  money order, check, or other negotiable instrument payable to 
 14.24  the school district in an amount equal to the actual cost to the 
 14.25  bureau of criminal apprehension and the school district of 
 14.26  conducting the criminal history background check.  
 14.27  Notwithstanding section 299C.62, subdivision 1, the cost of the 
 14.28  criminal history background check under this paragraph is the 
 14.29  responsibility of the individual. 
 14.30     (d) For all nonstate residents who are offered employment 
 14.31  in a school, a school hiring authority shall request a criminal 
 14.32  history background check on such individuals from the 
 14.33  superintendent of the bureau of criminal apprehension and from 
 14.34  the government agency performing the same function in the 
 14.35  resident state or, if no government entity performs the same 
 14.36  function in the resident state, from the Federal Bureau of 
 15.1   Investigation.  Such individuals must provide an executed 
 15.2   criminal history consent form and a money order, check, or other 
 15.3   negotiable instrument payable to the school hiring authority in 
 15.4   an amount equal to the actual cost to the government agencies 
 15.5   and the school district of conducting the criminal history 
 15.6   background check.  Notwithstanding section 299C.62, subdivision 
 15.7   1, the cost of the criminal history background check under this 
 15.8   paragraph is the responsibility of the individual. 
 15.9      Sec. 23.  Minnesota Statutes 1996, section 120.17, 
 15.10  subdivision 3, is amended to read: 
 15.11     Subd. 3.  [RULES OF THE STATE BOARD COMMISSIONER OF 
 15.12  CHILDREN, FAMILIES, AND LEARNING.] (a) The state 
 15.13  board commissioner of children, families, and learning shall 
 15.14  promulgate rules relative to qualifications of essential 
 15.15  personnel, courses of study, methods of instruction, pupil 
 15.16  eligibility, size of classes, rooms, equipment, supervision, 
 15.17  parent consultation, and any other rules it the commissioner 
 15.18  deems necessary for instruction of children with a disability.  
 15.19  These rules shall provide standards and procedures appropriate 
 15.20  for the implementation of and within the limitations of 
 15.21  subdivisions 3a and 3b.  These rules shall also provide 
 15.22  standards for the discipline, control, management and protection 
 15.23  of children with a disability.  The state board commissioner 
 15.24  shall not adopt rules for pupils served in level 1, 2, or 3, as 
 15.25  defined in Minnesota Rules, part 3525.2340, establishing either 
 15.26  case loads or the maximum number of pupils that may be assigned 
 15.27  to special education teachers.  The state board commissioner, in 
 15.28  consultation with the departments of health and human services, 
 15.29  shall adopt permanent rules for instruction and services for 
 15.30  children under age five and their families.  These rules are 
 15.31  binding on state and local education, health, and human services 
 15.32  agencies.  The state board commissioner shall adopt rules to 
 15.33  determine eligibility for special education services.  The rules 
 15.34  shall include procedures and standards by which to grant 
 15.35  variances for experimental eligibility criteria.  The state 
 15.36  board commissioner shall, according to section 14.05, 
 16.1   subdivision 4, notify a district applying for a variance from 
 16.2   the rules within 45 calendar days of receiving the request 
 16.3   whether the request for the variance has been granted or 
 16.4   denied.  If a request is denied, the board commissioner shall 
 16.5   specify the program standards used to evaluate the request and 
 16.6   the reasons for denying the request.  
 16.7      (b) The state's regulatory scheme should support schools by 
 16.8   assuring that all state special education rules adopted by the 
 16.9   state board of education commissioner of children, families, and 
 16.10  learning result in one or more of the following outcomes: 
 16.11     (1) increased time available to teachers for educating 
 16.12  students through direct and indirect instruction; 
 16.13     (2) consistent and uniform access to effective education 
 16.14  programs for students with disabilities throughout the state; 
 16.15     (3) reduced inequalities, conflict, and court actions 
 16.16  related to the delivery of special education instruction and 
 16.17  services for students with disabilities; 
 16.18     (4) clear expectations for service providers and for 
 16.19  students with disabilities; 
 16.20     (5) increased accountability for all individuals and 
 16.21  agencies that provide instruction and other services to students 
 16.22  with disabilities; 
 16.23     (6) greater focus for the state and local resources 
 16.24  dedicated to educating students with disabilities; and 
 16.25     (7) clearer standards for evaluating the effectiveness of 
 16.26  education and support services for students with disabilities. 
 16.27     Sec. 24.  Minnesota Statutes 1996, section 120.17, 
 16.28  subdivision 3b, is amended to read: 
 16.29     Subd. 3b.  [PROCEDURES FOR DECISIONS.] Every district shall 
 16.30  utilize at least the following procedures for decisions 
 16.31  involving identification, assessment, and educational placement 
 16.32  of children with a disability: 
 16.33     (a) Parents and guardians shall receive prior written 
 16.34  notice of:  
 16.35     (1) any proposed formal educational assessment or proposed 
 16.36  denial of a formal educational assessment of their child; 
 17.1      (2) a proposed placement of their child in, transfer from 
 17.2   or to, or denial of placement in a special education program; or 
 17.3      (3) the proposed provision, addition, denial or removal of 
 17.4   special education services for their child; 
 17.5      (b) The district shall not proceed with the initial formal 
 17.6   assessment of a child, the initial placement of a child in a 
 17.7   special education program, or the initial provision of special 
 17.8   education services for a child without the prior written consent 
 17.9   of the child's parent or guardian.  The refusal of a parent or 
 17.10  guardian to consent may be overridden by the decision in a 
 17.11  hearing held pursuant to clause (e) at the district's 
 17.12  initiative; 
 17.13     (c) Parents and guardians shall have an opportunity to meet 
 17.14  with appropriate district staff in at least one conciliation 
 17.15  conference, mediation, or other method of alternative dispute 
 17.16  resolution that the parties agree to, if they object to any 
 17.17  proposal of which they are notified pursuant to clause (a).  The 
 17.18  conciliation process or other form of alternative dispute 
 17.19  resolution shall not be used to deny or delay a parent or 
 17.20  guardian's right to a due process hearing.  If the parent or 
 17.21  guardian refuses efforts by the district to conciliate the 
 17.22  dispute with the school district, the requirement of an 
 17.23  opportunity for conciliation or other alternative dispute 
 17.24  resolution shall be deemed to be satisfied.  Notwithstanding 
 17.25  other law, in any proceeding following a conciliation 
 17.26  conference, the school district must not offer a conciliation 
 17.27  conference memorandum into evidence, except for any portions 
 17.28  that describe the district's final proposed offer of service.  
 17.29  Otherwise, with respect to forms of dispute resolution, 
 17.30  mediation, or conciliation, Minnesota Rule of Evidence 408 
 17.31  applies.  The department of children, families, and learning may 
 17.32  reimburse the districts or directly pay the costs of lay 
 17.33  advocates, not to exceed $150 per dispute, used in conjunction 
 17.34  with alternative dispute resolution. 
 17.35     (d) The commissioner shall establish a mediation process to 
 17.36  assist parents, school districts, or other parties to resolve 
 18.1   disputes arising out of the identification, assessment, or 
 18.2   educational placement of children with a disability.  The 
 18.3   mediation process must be offered as an informal alternative to 
 18.4   the due process hearing provided under clause (e), but must not 
 18.5   be used to deny or postpone the opportunity of a parent or 
 18.6   guardian to obtain a due process hearing. 
 18.7      (e) Parents, guardians, and the district shall have an 
 18.8   opportunity to obtain an impartial due process hearing initiated 
 18.9   and conducted by and in the school district responsible for 
 18.10  assuring that an appropriate program is provided in accordance 
 18.11  with state board rules, if the parent or guardian continues to 
 18.12  object to:  
 18.13     (1) a proposed formal educational assessment or proposed 
 18.14  denial of a formal educational assessment of their child; 
 18.15     (2) the proposed placement of their child in, or transfer 
 18.16  of their child to a special education program; 
 18.17     (3) the proposed denial of placement of their child in a 
 18.18  special education program or the transfer of their child from a 
 18.19  special education program; 
 18.20     (4) the proposed provision or addition of special education 
 18.21  services for their child; or 
 18.22     (5) the proposed denial or removal of special education 
 18.23  services for their child. 
 18.24     Within five business days after the request for a hearing, 
 18.25  or as directed by the hearing officer, the objecting party shall 
 18.26  provide the other party with a brief written statement of 
 18.27  particulars of the objection, the reasons for the objection, and 
 18.28  the specific remedies sought.  The other party shall provide the 
 18.29  objecting party with a written response to the statement of 
 18.30  objections within five business days of receipt of the statement.
 18.31     The hearing shall take place before an impartial hearing 
 18.32  officer mutually agreed to by the school board and the parent or 
 18.33  guardian.  Within four business days of the receipt of the 
 18.34  request for the hearing, if the parties have not agreed on the 
 18.35  hearing officer, the school board shall request the commissioner 
 18.36  to appoint a hearing officer.  The school board shall include 
 19.1   with the request the name of the person requesting the hearing, 
 19.2   the name of the student, the attorneys involved, if any, and the 
 19.3   date the hearing request was received.  The hearing officer 
 19.4   shall not be a school board member or employee of the school 
 19.5   district where the child resides or of the child's school 
 19.6   district of residence, an employee of any other public agency 
 19.7   involved in the education or care of the child, or any person 
 19.8   with a personal or professional interest which would conflict 
 19.9   with the person's objectivity at the hearing.  A person who 
 19.10  otherwise qualifies as a hearing officer is not an employee of 
 19.11  the district solely because the person is paid by the district 
 19.12  to serve as a hearing officer.  If the hearing officer requests 
 19.13  an independent educational assessment of a child, the cost of 
 19.14  the assessment shall be at district expense.  The proceedings 
 19.15  shall be recorded and preserved, at the expense of the school 
 19.16  district, pending ultimate disposition of the action. 
 19.17     (f) The decision of the hearing officer pursuant to clause 
 19.18  (e) shall be rendered not more than 45 calendar days from the 
 19.19  date of the receipt of the request for the hearing, except that 
 19.20  hearing officers are encouraged to accelerate the timeline to 30 
 19.21  days for children birth through two whose needs change rapidly 
 19.22  and require quick resolution of complaints.  A hearing officer 
 19.23  may not grant specific extensions of time beyond the 45-day 
 19.24  period unless requested by either party for good cause shown on 
 19.25  the record.  The decision of the hearing officer shall be 
 19.26  binding on all parties unless appealed to the commissioner by 
 19.27  the parent; guardian; school board of the district where the 
 19.28  child resides pursuant to clause (g); and also in the case of 
 19.29  children birth through two, by the county board. 
 19.30     The local decision shall: 
 19.31     (1) be in writing; 
 19.32     (2) state the controlling facts upon which the decision is 
 19.33  made in sufficient detail to apprise the parties and the hearing 
 19.34  review officer of the basis and reason for the decision; and 
 19.35     (3) be based on the standards set forth in subdivision 3a 
 19.36  and the rules of the state board commissioner of children, 
 20.1   families, and learning. 
 20.2      (g) Any local decision issued pursuant to clauses (e) and 
 20.3   (f) may be appealed to the commissioner within 30 calendar days 
 20.4   of receipt of that written decision, by the parent, guardian, or 
 20.5   the school board of the district responsible for assuring that 
 20.6   an appropriate program is provided in accordance with state 
 20.7   board rules.  The appealing party shall note the specific parts 
 20.8   of the hearing decision being appealed. 
 20.9      If the decision is appealed, a written transcript of the 
 20.10  hearing shall be made by the school district and provided by the 
 20.11  district to the parties involved and the hearing review officer 
 20.12  within five calendar days of the filing of the appeal.  The 
 20.13  hearing review officer shall conduct an appellate review and 
 20.14  issue a final independent decision based on an impartial review 
 20.15  of the local decision and the entire record within 30 calendar 
 20.16  days after the filing of the appeal.  However, the hearing 
 20.17  review officer shall seek additional evidence if necessary and 
 20.18  may afford the parties an opportunity for written or oral 
 20.19  argument; provided any hearing held to seek additional evidence 
 20.20  shall be an impartial due process hearing but shall be deemed 
 20.21  not to be a contested case hearing for purposes of chapter 14.  
 20.22  The hearing review officer may grant specific extensions of time 
 20.23  beyond the 30-day period at the request of any party for good 
 20.24  cause shown on the record. 
 20.25     The final decision shall: 
 20.26     (1) be in writing; 
 20.27     (2) include findings and conclusions; and 
 20.28     (3) be based upon the standards set forth in subdivision 3a 
 20.29  and in the rules of the state board commissioner of children, 
 20.30  families, and learning. 
 20.31     (h) The decision of the hearing review officer shall be 
 20.32  final unless appealed by the parent or guardian or school board 
 20.33  to the Minnesota court of appeals or federal district court as 
 20.34  provided by federal law.  State judicial review shall be in 
 20.35  accordance with chapter 14.  
 20.36     (i) The commissioner of children, families, and learning 
 21.1   shall select an individual who has the qualifications enumerated 
 21.2   in this paragraph to serve as the hearing review officer: 
 21.3      (1) the individual must be knowledgeable and impartial; 
 21.4      (2) the individual must not have a personal interest in or 
 21.5   specific involvement with the student who is a party to the 
 21.6   hearing; 
 21.7      (3) the individual must not have been employed as an 
 21.8   administrator by the district that is a party to the hearing; 
 21.9      (4) the individual must not have been involved in the 
 21.10  selection of the administrators of the district that is a party 
 21.11  to the hearing; 
 21.12     (5) the individual must not have a personal, economic, or 
 21.13  professional interest in the outcome of the hearing other than 
 21.14  the proper administration of the federal and state laws, rules, 
 21.15  and policies; 
 21.16     (6) the individual must not have substantial involvement in 
 21.17  the development of a state or local policy or procedures that 
 21.18  are challenged in the appeal; 
 21.19     (7) the individual is not a current employee or board 
 21.20  member of a Minnesota public school district, education 
 21.21  district, intermediate unit or regional education agency, the 
 21.22  department of children, families, and learning, the state board 
 21.23  of education; and 
 21.24     (8) the individual is not a current employee or board 
 21.25  member of a disability advocacy organization or group.  
 21.26     (j) In all appeals, the parent or guardian of the pupil 
 21.27  with a disability or the district that is a party to the hearing 
 21.28  may challenge the impartiality or competence of the proposed 
 21.29  hearing review officer by applying to the hearing review officer.
 21.30     (k) Pending the completion of proceedings pursuant to this 
 21.31  subdivision, unless the district and the parent or guardian of 
 21.32  the child agree otherwise, the child shall remain in the child's 
 21.33  current educational placement and shall not be denied initial 
 21.34  admission to school. 
 21.35     (l) The child's school district of residence, a resident 
 21.36  district, and providing district shall receive notice of and may 
 22.1   be a party to any hearings or appeals under this subdivision. 
 22.2      (m) A school district is not liable for harmless technical 
 22.3   violations of this subdivision or rules implementing this 
 22.4   subdivision if the school district can demonstrate on a 
 22.5   case-by-case basis that the violations did not harm the 
 22.6   student's educational progress or the parent or guardian's right 
 22.7   to notice, participation, or due process. 
 22.8      (n) Within ten calendar days after appointment, the hearing 
 22.9   officer shall schedule and hold a prehearing conference.  At 
 22.10  that conference, or later, the hearing officer may take any 
 22.11  appropriate action that a court might take under Rule 16 of 
 22.12  Minnesota Rules of Civil Procedure including, but not limited 
 22.13  to, scheduling, jurisdiction, and listing witnesses including 
 22.14  expert witnesses. 
 22.15     (o) A hearing officer or hearing review officer appointed 
 22.16  under this subdivision shall be deemed to be an employee of the 
 22.17  state under section 3.732 for the purposes of section 3.736 only.
 22.18     (p) In order to be eligible for selection, hearing officers 
 22.19  and hearing review officers shall participate in training and 
 22.20  follow procedures as designated by the commissioner. 
 22.21     (q) The hearing officer may admit all evidence which 
 22.22  possesses probative value, including hearsay, if it is the type 
 22.23  of evidence on which reasonable, prudent persons are accustomed 
 22.24  to rely in the conduct of their serious affairs.  The hearing 
 22.25  officer shall give effect to the rules of privilege recognized 
 22.26  by law.  Evidence which is incompetent, irrelevant, immaterial, 
 22.27  or unduly repetitious shall be excluded. 
 22.28     Sec. 25.  Minnesota Statutes 1996, section 120.17, 
 22.29  subdivision 7a, is amended to read: 
 22.30     Subd. 7a.  [ATTENDANCE AT SCHOOL FOR THE DISABLED.] 
 22.31  Responsibility for special instruction and services for a 
 22.32  visually disabled or hearing impaired child attending the 
 22.33  Minnesota state academy for the deaf or the Minnesota state 
 22.34  academy for the blind shall be determined in the following 
 22.35  manner: 
 22.36     (a) The legal residence of the child shall be the school 
 23.1   district in which the child's parent or guardian resides. 
 23.2      (b) When it is determined pursuant to section 128A.05, 
 23.3   subdivision 1 or 2, that the child is entitled to attend either 
 23.4   school, the state board of the Faribault academies shall provide 
 23.5   the appropriate educational program for the child.  The state 
 23.6   board of the Faribault academies shall make a tuition charge to 
 23.7   the child's district of residence for the cost of providing the 
 23.8   program.  The amount of tuition charged shall not exceed the 
 23.9   basic revenue of the district for that child, for the amount of 
 23.10  time the child is in the program.  For purposes of this 
 23.11  subdivision, "basic revenue" has the meaning given it in section 
 23.12  124A.22, subdivision 2.  The district of the child's residence 
 23.13  shall pay the tuition and may claim general education aid for 
 23.14  the child.  Tuition received by the state board of the Faribault 
 23.15  academies, except for tuition received under clause (c), shall 
 23.16  be deposited in the state treasury as provided in clause (g). 
 23.17     (c) In addition to the tuition charge allowed in clause 
 23.18  (b), the academies may charge the child's district of residence 
 23.19  for the academy's unreimbursed cost of providing an 
 23.20  instructional aide assigned to that child, if that aide is 
 23.21  required by the child's individual education plan.  Tuition 
 23.22  received under this clause must be used by the academies to 
 23.23  provide the required service. 
 23.24     (d) When it is determined that the child can benefit from 
 23.25  public school enrollment but that the child should also remain 
 23.26  in attendance at the applicable school, the school district 
 23.27  where the institution is located shall provide an appropriate 
 23.28  educational program for the child and shall make a tuition 
 23.29  charge to the state board of the Faribault academies for the 
 23.30  actual cost of providing the program, less any amount of aid 
 23.31  received pursuant to section 124.32.  The state board of the 
 23.32  Faribault academies shall pay the tuition and other program 
 23.33  costs including the unreimbursed transportation costs.  Aids for 
 23.34  children with a disability shall be paid to the district 
 23.35  providing the special instruction and services.  Special 
 23.36  transportation shall be provided by the district providing the 
 24.1   educational program and the state shall reimburse such district 
 24.2   within the limits provided by law.  
 24.3      (e) Notwithstanding the provisions of clauses (b) and (d), 
 24.4   the state board of the Faribault academies may agree to make a 
 24.5   tuition charge for less than the amount specified in clause (b) 
 24.6   for pupils attending the applicable school who are residents of 
 24.7   the district where the institution is located and who do not 
 24.8   board at the institution, if that district agrees to make a 
 24.9   tuition charge to the state board of the Faribault academies for 
 24.10  less than the amount specified in clause (d) for providing 
 24.11  appropriate educational programs to pupils attending the 
 24.12  applicable school. 
 24.13     (f) Notwithstanding the provisions of clauses (b) and (d), 
 24.14  the state board of the Faribault academies may agree to supply 
 24.15  staff from the Minnesota state academy for the deaf and the 
 24.16  Minnesota state academy for the blind to participate in the 
 24.17  programs provided by the district where the institutions are 
 24.18  located when the programs are provided to students in attendance 
 24.19  at the state schools.  
 24.20     (g) On May 1 of each year, the state board of the Faribault 
 24.21  academies shall count the actual number of Minnesota resident 
 24.22  kindergarten and elementary students and the actual number of 
 24.23  Minnesota resident secondary students enrolled and receiving 
 24.24  education services at the Minnesota state academy for the deaf 
 24.25  and the Minnesota state academy for the blind.  The state board 
 24.26  of the Faribault academies shall deposit in the state treasury 
 24.27  an amount equal to all tuition received less:  
 24.28     (1) the total number of students on May 1 less 175, times 
 24.29  the ratio of the number of kindergarten and elementary students 
 24.30  to the total number of students on May 1, times the general 
 24.31  education formula allowance; plus 
 24.32     (2) the total number of students on May 1 less 175, times 
 24.33  the ratio of the number of secondary students on May 1 to the 
 24.34  total number of students on May 1, times 1.3, times the general 
 24.35  education formula allowance.  
 24.36     (h) The sum provided by the calculation in clause (g), 
 25.1   subclauses (1) and (2), must be deposited in the state treasury 
 25.2   and credited to the general operation account of the academy for 
 25.3   the deaf and the academy for the blind.  
 25.4      (i) There is annually appropriated to the department of 
 25.5   children, families, and learning for the Faribault academies the 
 25.6   tuition amounts received and credited to the general operation 
 25.7   account of the academies under this section.  A balance in an 
 25.8   appropriation under this paragraph does not cancel but is 
 25.9   available in successive fiscal years. 
 25.10     Sec. 26.  Minnesota Statutes 1996, section 120.66, 
 25.11  subdivision 1, is amended to read: 
 25.12     Subdivision 1.  The state board of education commissioner 
 25.13  of children, families, and learning shall: 
 25.14     (1) Promulgate rules necessary to the operation of sections 
 25.15  120.59 to 120.67; 
 25.16     (2) Cooperate with and provide supervision of flexible 
 25.17  learning year programs to determine compliance with the 
 25.18  provisions of sections 120.59 to 120.67, the state board 
 25.19  department standards and qualifications, and the proposed 
 25.20  program as submitted and approved; 
 25.21     (3) Provide any necessary adjustments of (a) attendance and 
 25.22  membership computations and (b) the dates and percentages of 
 25.23  apportionment of state aids; 
 25.24     (4) Consistent with the definition of "average daily 
 25.25  membership" in section 124.17, subdivision 2, furnish the board 
 25.26  of a district implementing a flexible learning year program with 
 25.27  a formula for computing average daily membership.  This formula 
 25.28  shall be computed so that tax levies to be made by the district, 
 25.29  state aids to be received by the district, and any and all other 
 25.30  formulas based upon average daily membership are not affected 
 25.31  solely as a result of adopting this plan of instruction. 
 25.32     Sec. 27.  Minnesota Statutes 1996, section 120.66, 
 25.33  subdivision 2, is amended to read: 
 25.34     Subd. 2.  Sections 120.59 to 120.67 shall not be construed 
 25.35  to authorize the state board commissioner to require the 
 25.36  establishment of a flexible learning year program in any 
 26.1   district in which the board has not voted to establish, 
 26.2   maintain, and operate such a program. 
 26.3      Sec. 28.  Minnesota Statutes 1996, section 121.02, 
 26.4   subdivision 1, is amended to read: 
 26.5      Subdivision 1.  [DEPARTMENT.] A state department of 
 26.6   children, families, and learning is hereby created which shall 
 26.7   be maintained under the direction of a state board of education 
 26.8   composed of nine representative citizens of the state, at least 
 26.9   one of whom shall reside in each congressional district in the 
 26.10  state. 
 26.11     Of the nine representative citizens of the state who are 
 26.12  appointed to the state board of education not less than three 
 26.13  members thereof shall previously thereto have served as an 
 26.14  elected member of a board of education of a school district 
 26.15  however organized. 
 26.16     The members of the state board shall be appointed by the 
 26.17  governor, with the advice and consent of the senate.  One member 
 26.18  shall be chosen annually as president, but no member shall serve 
 26.19  as president more than three consecutive years.  The state board 
 26.20  shall hold its annual meeting in August.  It shall hold meetings 
 26.21  on dates and at places as it designates.  No member shall hold 
 26.22  any public office, or represent or be employed by any board of 
 26.23  education or school district, public or private, and shall not 
 26.24  voluntarily have any personal financial interest in any contract 
 26.25  with a board of education or school district, or be engaged in 
 26.26  any capacity where a conflict of interest may arise the 
 26.27  commissioner of children, families, and learning. 
 26.28     Sec. 29.  Minnesota Statutes 1996, section 121.1115, 
 26.29  subdivision 1, is amended to read: 
 26.30     Subdivision 1.  [EDUCATIONAL ACCOUNTABILITY AND PUBLIC 
 26.31  REPORTING.] Consistent with the state board of education process 
 26.32  to adopt a results-oriented graduation rule under section 
 26.33  121.11, subdivision 7c, the state board of education and The 
 26.34  department of children, families, and learning, in consultation 
 26.35  with education and other system stakeholders, shall establish a 
 26.36  coordinated and comprehensive system of educational 
 27.1   accountability and public reporting that promotes higher 
 27.2   academic achievement. 
 27.3      Sec. 30.  Minnesota Statutes 1996, section 121.14, is 
 27.4   amended to read: 
 27.5      121.14 [RECOMMENDATIONS; BUDGET.] 
 27.6      The state board and the commissioner of children, families, 
 27.7   and learning shall recommend to the governor and legislature 
 27.8   such modification and unification of laws relating to the state 
 27.9   system of education as shall make those laws more readily 
 27.10  understood and more effective in execution.  The commissioner of 
 27.11  children, families, and learning shall prepare a biennial 
 27.12  education budget which shall be submitted to the governor and 
 27.13  legislature, such budget to contain a complete statement of 
 27.14  finances pertaining to the maintenance of the state department 
 27.15  and to the distribution of state aid.  
 27.16     Sec. 31.  Minnesota Statutes 1996, section 121.148, 
 27.17  subdivision 3, is amended to read: 
 27.18     Subd. 3.  [NEGATIVE REVIEW AND COMMENT.] (a) If the 
 27.19  commissioner submits a negative review and comment for a 
 27.20  proposal according to section 121.15, the following steps must 
 27.21  be taken: 
 27.22     (1) the commissioner must notify the school board of the 
 27.23  proposed negative review and comment and schedule a public 
 27.24  meeting within 60 days of the notification within that school 
 27.25  district to discuss the proposed negative review and comment on 
 27.26  the school facility; and 
 27.27     (2) the school board shall appoint an advisory task force 
 27.28  of up to five members to advise the school board and the 
 27.29  commissioner on the advantages, disadvantages, and alternatives 
 27.30  to the proposed facility at the public meeting.  One member of 
 27.31  the advisory task force must also be a member of the county 
 27.32  facilities group. 
 27.33     (b) After attending the public meeting, the commissioner 
 27.34  shall reconsider the proposal.  If the commissioner submits a 
 27.35  negative review and comment, the school board may appeal that 
 27.36  decision to the state board of education under chapter 14.  The 
 28.1   state board of education may either uphold the commissioner's 
 28.2   negative review and comment or instruct the commissioner to 
 28.3   submit a positive or unfavorable review and comment on the 
 28.4   proposed facility. 
 28.5      (c) A school board may not proceed with construction if the 
 28.6   state board of education upholds the commissioner's negative 
 28.7   review and comment is upheld or if the commissioner's negative 
 28.8   review and comment is not appealed. 
 28.9      Sec. 32.  Minnesota Statutes 1996, section 121.16, is 
 28.10  amended by adding a subdivision to read: 
 28.11     Subd. 4.  [UNIFORM SYSTEM OF RECORDS AND ACCOUNTING.] The 
 28.12  commissioner of children, families, and learning shall prepare a 
 28.13  uniform system of records for public school and require reports 
 28.14  from superintendents and principals of schools, teachers, school 
 28.15  officers, and the chief officers of public and other educational 
 28.16  institutions to give such facts as it may deem of public value.  
 28.17  All reports required of school districts by the commissioner 
 28.18  shall be in conformance with the uniform financial accounting 
 28.19  and reporting system.  With the cooperation of the state 
 28.20  auditor, the commissioner shall establish and carry into effect 
 28.21  a uniform system of accounting by public school officers and 
 28.22  shall have authority to supervise and examine the accounts and 
 28.23  other records of all public schools. 
 28.24     Sec. 33.  Minnesota Statutes 1996, section 121.16, is 
 28.25  amended by adding a subdivision to read: 
 28.26     Subd. 5.  [GENERAL SUPERVISION OVER EDUCATIONAL AGENCIES.] 
 28.27  The commissioner of children, families, and learning shall adopt 
 28.28  goals for and exercise general supervision over public schools 
 28.29  and public educational agencies in the state, classify and 
 28.30  standardize public elementary and secondary schools, and prepare 
 28.31  for them outlines and suggested courses of study.  The 
 28.32  commissioner shall develop a plan to attain the adopted goals.  
 28.33  The commissioner may recognize educational accrediting agencies 
 28.34  for the sole purposes of sections 120.101, 120.102, and 120.103. 
 28.35     Sec. 34.  Minnesota Statutes 1996, section 121.16, is 
 28.36  amended by adding a subdivision to read: 
 29.1      Subd. 6.  [ADMINISTRATIVE RULES.] The commissioner may 
 29.2   adopt new rules and amend them or amend any existing rules only 
 29.3   under specific authority.  The commissioner may repeal any 
 29.4   existing rules.  Notwithstanding the provisions of section 
 29.5   14.05, subdivision 4, the commissioner may grant a variance to 
 29.6   rules adopted by the commissioner upon application by a school 
 29.7   district for purposes of implementing experimental programs in 
 29.8   learning or school management.  This subdivision shall not 
 29.9   prohibit the commissioner from making technical changes or 
 29.10  corrections to adopted rules. 
 29.11     Sec. 35.  Minnesota Statutes 1996, section 121.16, is 
 29.12  amended by adding a subdivision to read: 
 29.13     Subd. 7.  [RESULTS-ORIENTED GRADUATION RULE.] (a) The 
 29.14  commissioner shall set in rule high academic standards for all 
 29.15  students.  The standards must contain the foundational skills in 
 29.16  the three core curricular areas of reading, writing, and 
 29.17  mathematics and establish requirements for high school 
 29.18  graduation.  All actions taken by the commissioner regarding the 
 29.19  rule must be premised on the following: 
 29.20     (1) the rule is intended to raise academic expectations for 
 29.21  students, teachers, and schools; 
 29.22     (2) any state action regarding the rule must evidence 
 29.23  consideration of school district autonomy; and 
 29.24     (3) the department of children, families, and learning, 
 29.25  with the assistance of school districts, must make available 
 29.26  information about all state initiatives related to the rule to 
 29.27  students and parents, teachers, and the general public in a 
 29.28  timely format that is appropriate, comprehensive, and readily 
 29.29  understandable. 
 29.30     (b) For purposes of adopting the rule, the commissioner, in 
 29.31  consultation with recognized psychometric experts in assessment 
 29.32  and other interested and knowledgeable educators, using the most 
 29.33  current version of professional standards for educational 
 29.34  testing, shall evaluate the alternative approaches to assessment.
 29.35     (c) The commissioner shall periodically review and report 
 29.36  on the assessment process and student achievement with the 
 30.1   expectation of raising the standards and expanding high school 
 30.2   graduation requirements. 
 30.3      (d) The commissioner shall report in writing to the 
 30.4   legislature annually by January 15 on its progress in developing 
 30.5   and implementing the graduation requirements according to the 
 30.6   requirements of this subdivision and section 123.97 until such 
 30.7   time as all the graduation requirements are implemented. 
 30.8      Sec. 36.  Minnesota Statutes 1996, section 121.16, is 
 30.9   amended by adding a subdivision to read: 
 30.10     Subd. 8.  [LICENSURE RULES.] The commissioner may make 
 30.11  rules relating to licensure of school personnel not licensed by 
 30.12  the board of teaching. 
 30.13     Sec. 37.  Minnesota Statutes 1996, section 121.16, is 
 30.14  amended by adding a subdivision to read: 
 30.15     Subd. 9.  [GENERAL EDUCATION DEVELOPMENT TESTS RULES.] The 
 30.16  commissioner may amend rules to reflect changes in the national 
 30.17  minimum standard score for passing the general education 
 30.18  development (GED) tests. 
 30.19     Sec. 38.  Minnesota Statutes 1996, section 121.16, is 
 30.20  amended by adding a subdivision to read: 
 30.21     Subd. 10.  [UNIFORM FORMS FOR STATE EXAMINATIONS.] Upon the 
 30.22  request of any superintendent of any public or private school 
 30.23  teaching high school courses in the state, the commissioner 
 30.24  shall designate or prepare uniform forms for state examinations 
 30.25  in each high school subject during the month of May of each 
 30.26  year; the request shall be in writing and delivered to the 
 30.27  commissioner before January 1 of that year. 
 30.28     Sec. 39.  Minnesota Statutes 1996, section 121.16, is 
 30.29  amended by adding a subdivision to read: 
 30.30     Subd. 11.  [EVENING SCHOOLS.] The commissioner shall 
 30.31  exercise general supervision over the public evening schools, 
 30.32  adult education programs, and summer programs. 
 30.33     Sec. 40.  Minnesota Statutes 1996, section 121.16, is 
 30.34  amended by adding a subdivision to read: 
 30.35     Subd. 12.  [TEACHER RULE VARIANCES.] Notwithstanding any 
 30.36  law to the contrary, and only upon receiving the agreement of 
 31.1   the state board of teaching, the commissioner of children, 
 31.2   families, and learning may grant a variance to rules governing 
 31.3   licensure of teachers for those teachers licensed by the board 
 31.4   of teaching.  The commissioner may grant a variance, without the 
 31.5   agreement of the board of teaching, to rules adopted by the 
 31.6   commissioner governing licensure of teachers for those teachers 
 31.7   the commissioner licenses. 
 31.8      Sec. 41.  Minnesota Statutes 1996, section 121.16, is 
 31.9   amended by adding a subdivision to read: 
 31.10     Subd. 13.  [SCHOOL LUNCH PROGRAM; REVOLVING FUND.] The 
 31.11  commissioner of finance shall establish for the commissioner of 
 31.12  children, families, and learning a revolving fund for deposit of 
 31.13  storage and handling charges paid by recipients of donated foods 
 31.14  shipped by the school lunch section of the department of 
 31.15  children, families, and learning.  These funds are to be used 
 31.16  only to pay storage and related charges as they are incurred for 
 31.17  United States Department of Agriculture foods. 
 31.18     The commissioner of finance shall also establish a 
 31.19  revolving fund for the department of children, families, and 
 31.20  learning to deposit charges paid by recipients of processed 
 31.21  commodities and for any authorized appropriation transfers for 
 31.22  the purpose of this subdivision.  These funds are to be used 
 31.23  only to pay for commodity processing and related charges as they 
 31.24  are incurred using United States Department of Agriculture 
 31.25  donated commodities. 
 31.26     Sec. 42.  Minnesota Statutes 1996, section 121.1601, 
 31.27  subdivision 2, is amended to read: 
 31.28     Subd. 2.  [COORDINATION.] The commissioner shall coordinate 
 31.29  the office activities under subdivision 1 with new or existing 
 31.30  department and state board of education efforts to accomplish 
 31.31  school desegregation/integration.  The commissioner may request 
 31.32  information or assistance from, or contract with, any state or 
 31.33  local agency or officer, local unit of government, or recognized 
 31.34  expert to assist the commissioner in performing the activities 
 31.35  described in subdivision 1.  
 31.36     Sec. 43.  Minnesota Statutes 1996, section 121.612, 
 32.1   subdivision 2, is amended to read: 
 32.2      Subd. 2.  [CREATION OF FOUNDATION.] There is created the 
 32.3   Minnesota academic excellence foundation.  The purpose of the 
 32.4   foundation shall be to promote academic excellence in Minnesota 
 32.5   public and nonpublic schools and communities through 
 32.6   public-private partnerships.  The foundation shall be a 
 32.7   nonprofit organization.  The board of directors of the 
 32.8   foundation and foundation activities are under the direction of 
 32.9   the state board of education commissioner of children, families, 
 32.10  and learning. 
 32.11     Sec. 44.  Minnesota Statutes 1996, section 121.612, 
 32.12  subdivision 3, is amended to read: 
 32.13     Subd. 3.  [BOARD OF DIRECTORS.] The board of directors of 
 32.14  the foundation shall consist of the commissioner of children, 
 32.15  families, and learning, a member of the state board of education 
 32.16  selected by the state board who shall serve as chair and 20 
 32.17  members to be appointed by the governor.  Of the 20 members 
 32.18  appointed by the governor, eight shall represent a variety of 
 32.19  education groups and 12 shall represent a variety of business 
 32.20  groups.  The commissioner of children, families, and learning 
 32.21  shall serve as secretary for the board of directors and provide 
 32.22  administrative support to the foundation.  An executive 
 32.23  committee of the foundation board composed of the board officers 
 32.24  and chairs of board committees, may only advise and make 
 32.25  recommendations to the foundation board. 
 32.26     Sec. 45.  Minnesota Statutes 1996, section 121.612, 
 32.27  subdivision 6, is amended to read: 
 32.28     Subd. 6.  [CONTRACTS.] The foundation board shall review 
 32.29  and approve each contract of the board.  Each contract of the 
 32.30  foundation board shall be subject to the same review and 
 32.31  approval procedures as a contract of the state board of 
 32.32  education commissioner of children, families, and learning. 
 32.33     Sec. 46.  Minnesota Statutes 1996, section 121.612, 
 32.34  subdivision 7, is amended to read: 
 32.35     Subd. 7.  [FOUNDATION STAFF.] (a) The state board 
 32.36  commissioner shall appoint the executive director and other 
 33.1   staff who shall perform duties and have responsibilities solely 
 33.2   related to the foundation.  
 33.3      (b) As part of the annual plan of work, the foundation, 
 33.4   under the direction of the state board commissioner, may appoint 
 33.5   up to three employees.  The employees appointed under this 
 33.6   paragraph are not state employees under chapter 43A, but are 
 33.7   covered under section 3.736.  At the foundation board's 
 33.8   discretion, the employees may participate in the state health 
 33.9   and state insurance plans for employees in unclassified 
 33.10  service.  The employees shall be supervised by the executive 
 33.11  director. 
 33.12     Sec. 47.  Minnesota Statutes 1996, section 121.612, 
 33.13  subdivision 9, is amended to read: 
 33.14     Subd. 9.  [REPORT.] The board of directors of the 
 33.15  foundation shall submit an annual report to the state board of 
 33.16  education commissioner of children, families, and learning on 
 33.17  the progress of its activities.  The annual report shall contain 
 33.18  a financial report for the preceding year, including all 
 33.19  receipts and expenditures of the foundation. 
 33.20     Sec. 48.  Minnesota Statutes 1997 Supplement, section 
 33.21  121.615, subdivision 2, is amended to read: 
 33.22     Subd. 2.  [CREATION OF FOUNDATION.] There is created the 
 33.23  Minnesota school-to-work student organization foundation.  The 
 33.24  purpose of the foundation shall be to promote vocational student 
 33.25  organizations and applied leadership opportunities in Minnesota 
 33.26  public and nonpublic schools through public-private 
 33.27  partnerships.  The foundation shall be a nonprofit 
 33.28  organization.  The board of directors of the foundation and 
 33.29  activities of the foundation are under the direction of the 
 33.30  state board of education commissioner of children, families, and 
 33.31  learning.  
 33.32     Sec. 49.  Minnesota Statutes 1997 Supplement, section 
 33.33  121.615, subdivision 6, is amended to read: 
 33.34     Subd. 6.  [CONTRACTS.] The foundation board shall review 
 33.35  and approve each contract of the board.  Each contract of the 
 33.36  foundation board shall be subject to the same review and 
 34.1   approval procedures as a contract of the state board of 
 34.2   education commissioner of children, families, and learning. 
 34.3      Sec. 50.  Minnesota Statutes 1997 Supplement, section 
 34.4   121.615, subdivision 7, is amended to read: 
 34.5      Subd. 7.  [FOUNDATION STAFF.] The state board of 
 34.6   education commissioner of children, families, and learning shall 
 34.7   appoint the executive director of the foundation from three 
 34.8   candidates nominated and submitted by the foundation board of 
 34.9   directors and, as necessary, other staff who shall perform 
 34.10  duties and have responsibilities solely related to the 
 34.11  foundation.  The employees appointed are not state employees 
 34.12  under chapter 43A, but are covered under section 3.736.  The 
 34.13  employees may participate in the state health and state 
 34.14  insurance plans for employees in unclassified service.  The 
 34.15  employees shall be supervised by the executive director. 
 34.16     The commissioner shall appoint from the office of lifework 
 34.17  development a liaison to the foundation board. 
 34.18     Sec. 51.  Minnesota Statutes 1997 Supplement, section 
 34.19  121.615, subdivision 10, is amended to read: 
 34.20     Subd. 10.  [REPORT.] The board of directors of the 
 34.21  foundation shall submit an annual report on the progress of its 
 34.22  activities to the state board of education commissioner of 
 34.23  children, families, and learning and to the board of trustees of 
 34.24  the Minnesota state colleges and universities.  The annual 
 34.25  report shall contain a financial report for the preceding year.  
 34.26  The foundation shall submit a biennium report to the legislature 
 34.27  before February 15, in the odd-numbered year. 
 34.28     Sec. 52.  Minnesota Statutes 1996, section 125.05, 
 34.29  subdivision 1, is amended to read: 
 34.30     Subdivision 1.  [AUTHORITY TO LICENSE.] (a) The board of 
 34.31  teaching shall license teachers, as defined in section 125.03, 
 34.32  subdivision 1, except for supervisory personnel, as defined in 
 34.33  section 125.03, subdivision 4. 
 34.34     (b) The state board of education commissioner of children, 
 34.35  families, and learning shall license supervisory personnel as 
 34.36  defined in section 125.03, subdivision 4.  
 35.1      (c) Licenses under the jurisdiction of the board of 
 35.2   teaching and the state board of education commissioner of 
 35.3   children, families, and learning must be issued through the 
 35.4   licensing section of the department of children, families, and 
 35.5   learning. 
 35.6      Sec. 53.  Minnesota Statutes 1997 Supplement, section 
 35.7   125.05, subdivision 1c, is amended to read: 
 35.8      Subd. 1c.  [SUPERVISORY AND COACH QUALIFICATIONS; CODE OF 
 35.9   ETHICS.] The state board of education commissioner of children, 
 35.10  families, and learning shall issue licenses under its 
 35.11  jurisdiction to persons the state board commissioner finds to be 
 35.12  qualified and competent for their respective positions under the 
 35.13  adopted rules it adopts.  The state board of education 
 35.14  commissioner may develop, by rule, a code of ethics for 
 35.15  supervisory personnel covering standards of professional 
 35.16  practices, including areas of ethical conduct and professional 
 35.17  performance and methods of enforcement. 
 35.18     Sec. 54.  Minnesota Statutes 1997 Supplement, section 
 35.19  125.05, subdivision 2, is amended to read: 
 35.20     Subd. 2.  [EXPIRATION AND RENEWAL.] (a) Each license the 
 35.21  department of children, families, and learning issues through 
 35.22  its licensing section must bear the date of issue.  Licenses 
 35.23  must expire and be renewed according to the respective rules the 
 35.24  board of teaching or the state board of education commissioner 
 35.25  of children, families, and learning adopts.  Requirements for 
 35.26  renewing a license must include showing satisfactory evidence of 
 35.27  successful teaching experience for at least one school year 
 35.28  during the period covered by the license in grades or subjects 
 35.29  for which the license is valid or completing such additional 
 35.30  preparation as the board of teaching prescribes.  The state 
 35.31  board of education commissioner shall establish requirements for 
 35.32  renewing the licenses of supervisory personnel. 
 35.33     (b) The board of teaching shall offer alternative 
 35.34  continuing relicensure options for teachers who are accepted 
 35.35  into and complete the national board for professional teaching 
 35.36  standards certification process, and offer additional continuing 
 36.1   relicensure options for teachers who earn national board for 
 36.2   professional teaching standards certification.  Continuing 
 36.3   relicensure requirements for teachers who do not maintain 
 36.4   national board for professional teaching standards certification 
 36.5   are those the board prescribes.  
 36.6      Sec. 55.  Minnesota Statutes 1996, section 125.05, 
 36.7   subdivision 4, is amended to read: 
 36.8      Subd. 4.  [HUMAN RELATIONS.] The board of teaching and 
 36.9   the state board of education commissioner of children, families, 
 36.10  and learning shall accept training programs completed through 
 36.11  Peace Corps, VISTA, or Teacher Corps in lieu of completion of 
 36.12  the human relations component of the training program for 
 36.13  purposes of issuing or renewing a license in education.  
 36.14     Sec. 56.  Minnesota Statutes 1996, section 125.05, 
 36.15  subdivision 8, is amended to read: 
 36.16     Subd. 8.  [BACKGROUND CHECKS.] (a) The board of teaching 
 36.17  and the state board of education commissioner of children, 
 36.18  families, and learning shall request a criminal history 
 36.19  background check from the superintendent of the bureau of 
 36.20  criminal apprehension on all applicants for initial licenses 
 36.21  under their jurisdiction.  An application for a license under 
 36.22  this section must be accompanied by: 
 36.23     (1) an executed criminal history consent form, including 
 36.24  fingerprints; and 
 36.25     (2) a money order or cashier's check payable to the bureau 
 36.26  of criminal apprehension for the fee for conducting the criminal 
 36.27  history background check. 
 36.28     (b) The superintendent of the bureau of criminal 
 36.29  apprehension shall perform the background check required under 
 36.30  paragraph (a) by retrieving criminal history data maintained in 
 36.31  the criminal justice information system computers and shall also 
 36.32  conduct a search of the national criminal records repository, 
 36.33  including the criminal justice data communications network.  The 
 36.34  superintendent is authorized to exchange fingerprints with the 
 36.35  Federal Bureau of Investigation for purposes of the criminal 
 36.36  history check.  The superintendent shall recover the cost to the 
 37.1   bureau of a background check through the fee charged to the 
 37.2   applicant under paragraph (a). 
 37.3      (c) The board of teaching or the state board of education 
 37.4   commissioner of children, families, and learning may issue a 
 37.5   license pending completion of a background check under this 
 37.6   subdivision, but shall notify the individual that the 
 37.7   individual's license may be revoked based on the result of the 
 37.8   background check. 
 37.9      Sec. 57.  Minnesota Statutes 1996, section 125.1885, 
 37.10  subdivision 1, is amended to read: 
 37.11     Subdivision 1.  [REQUIREMENTS.] (a) A preparation program 
 37.12  that is an alternative to a graduate program in education 
 37.13  administration for public school administrators to acquire an 
 37.14  entrance license is established.  The program may be offered in 
 37.15  any administrative field. 
 37.16     (b) To participate in the alternative preparation program, 
 37.17  the candidate must: 
 37.18     (1) have a master's degree in an administrative area; 
 37.19     (2) have been offered an administrative position in a 
 37.20  school district, group of districts, or an education district 
 37.21  approved by the state board of education commissioner of 
 37.22  children, families, and learning to offer an alternative 
 37.23  preparation licensure program; 
 37.24     (3) have five years of experience in a field related to 
 37.25  administration; and 
 37.26     (4) document successful experiences working with children 
 37.27  and adults. 
 37.28     (c) An alternative preparation license is of one year 
 37.29  duration and is issued by the state board of education 
 37.30  commissioner of children, families, and learning to participants 
 37.31  on admission to the alternative preparation program. 
 37.32     Sec. 58.  Minnesota Statutes 1996, section 125.1885, 
 37.33  subdivision 4, is amended to read: 
 37.34     Subd. 4.  [APPROVAL FOR STANDARD ENTRANCE LICENSE.] The 
 37.35  resident mentorship team must prepare for the state board of 
 37.36  education commissioner of children, families, and learning an 
 38.1   evaluation report on the performance of the alternative 
 38.2   preparation licensee during the school year and a positive or 
 38.3   negative recommendation on whether the alternative preparation 
 38.4   licensee shall receive a standard entrance license. 
 38.5      Sec. 59.  Minnesota Statutes 1996, section 125.1885, 
 38.6   subdivision 5, is amended to read: 
 38.7      Subd. 5.  [STANDARD ENTRANCE LICENSE.] The state board of 
 38.8   education commissioner of children, families, and learning shall 
 38.9   issue a standard entrance license to an alternative preparation 
 38.10  licensee who has successfully completed the school year in the 
 38.11  alternative preparation program and who has received a positive 
 38.12  recommendation from the licensee's mentorship team. 
 38.13     Sec. 60.  Minnesota Statutes 1996, section 128A.02, 
 38.14  subdivision 1, is amended to read: 
 38.15     Subdivision 1.  [TO GOVERN GOVERNANCE.] The state board of 
 38.16  education the Faribault academy shall govern the state academy 
 38.17  for the deaf and the state academy for the blind.  The board of 
 38.18  the Faribault academies shall consist of nine persons.  The 
 38.19  members of the board shall be appointed by the governor with the 
 38.20  advice and consent of the senate.  At least one member must be 
 38.21  appointed from each congressional district. 
 38.22     Sec. 61.  Minnesota Statutes 1996, section 128A.02, is 
 38.23  amended by adding a subdivision to read: 
 38.24     Subd. 1b.  [TERMS; COMPENSATION; AND OTHER.] The membership 
 38.25  terms, compensation, removal of members, and filling of 
 38.26  vacancies shall be as provided for in section 15.0575.  A member 
 38.27  may serve not more than two consecutive terms. 
 38.28     Sec. 62.  Minnesota Statutes 1996, section 128A.02, 
 38.29  subdivision 3, is amended to read: 
 38.30     Subd. 3.  [MOST BENEFICIAL, LEAST RESTRICTIVE.] The state 
 38.31  board must do what is necessary to provide the most beneficial 
 38.32  and least restrictive program of education for each pupil at the 
 38.33  academies who is handicapped by visual disability or deafness.  
 38.34     Sec. 63.  Minnesota Statutes 1996, section 128A.02, 
 38.35  subdivision 3b, is amended to read: 
 38.36     Subd. 3b.  [PLANNING, EVALUATION, AND REPORTING.] To the 
 39.1   extent required in school districts, the state board must 
 39.2   establish a process for the academies to include parent and 
 39.3   community input in the planning, evaluation, and reporting of 
 39.4   curriculum and pupil achievement. 
 39.5      Sec. 64.  Minnesota Statutes 1996, section 128A.02, 
 39.6   subdivision 5, is amended to read: 
 39.7      Subd. 5.  [SITE COUNCILS.] The state board may establish, 
 39.8   and appoint members to, a site council at each academy.  The 
 39.9   site councils shall exercise power and authority granted by 
 39.10  the state board.  The state board must appoint to each site 
 39.11  council the exclusive representative's employee designee from 
 39.12  each exclusive representative at the academies. 
 39.13     Sec. 65.  Minnesota Statutes 1996, section 128A.02, 
 39.14  subdivision 6, is amended to read: 
 39.15     Subd. 6.  [TRUSTEE OF ACADEMIES' PROPERTY.] The state board 
 39.16  is the trustee of the academies' property.  Securities and 
 39.17  money, including income from the property, must be deposited in 
 39.18  the state treasury according to section 16A.275.  The deposits 
 39.19  are subject to the order of the state board.  
 39.20     Sec. 66.  Minnesota Statutes 1997 Supplement, section 
 39.21  128A.02, subdivision 7, is amended to read: 
 39.22     Subd. 7.  [GRANTS.] The state board, through the chief 
 39.23  administrators of the academies, may apply for all competitive 
 39.24  grants administered by agencies of the state and other 
 39.25  government or nongovernment sources.  Application may not be 
 39.26  made for grants over which the board has discretion. 
 39.27     Sec. 67.  Minnesota Statutes 1996, section 128A.022, is 
 39.28  amended to read: 
 39.29     128A.022 [POWERS OF STATE BOARD OF EDUCATION THE FARIBAULT 
 39.30  ACADEMIES.] 
 39.31     Subdivision 1.  [PERSONNEL.] The state board of education 
 39.32  of the Faribault academies may employ central administrative 
 39.33  staff members and other personnel necessary to provide and 
 39.34  support programs and services at each academy.  
 39.35     Subd. 2.  [GET HELP FROM DEPARTMENT.] The state board of 
 39.36  the Faribault academies may require the department of children, 
 40.1   families, and learning to provide program leadership, program 
 40.2   monitoring, and technical assistance at the academies.  
 40.3      Subd. 3.  [UNCLASSIFIED POSITIONS.] The state board of the 
 40.4   Faribault academies may place any position other than 
 40.5   residential academies administrator in the unclassified 
 40.6   service.  The position must meet the criteria in section 43A.08, 
 40.7   subdivision 1a.  
 40.8      Subd. 4.  [RESIDENTIAL AND BUILDING MAINTENANCE SERVICES.] 
 40.9   The state board of the Faribault academies may enter into 
 40.10  agreements with public or private agencies or institutions to 
 40.11  provide residential and building maintenance services.  
 40.12  The state board of the Faribault academies must first decide 
 40.13  that contracting for the services is more efficient and less 
 40.14  expensive than not contracting for them.  
 40.15     Subd. 6.  [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a) 
 40.16  The state board of the Faribault academies may enter into 
 40.17  agreements with teacher preparation institutions for student 
 40.18  teachers to get practical experience at the academies.  A 
 40.19  licensed teacher must provide appropriate supervision of each 
 40.20  student teacher.  
 40.21     (b) The state board of the Faribault academies may enter 
 40.22  into agreements with accredited higher education institutions 
 40.23  for certain student trainees to get practical experience at the 
 40.24  academies.  The students must be preparing themselves in a 
 40.25  professional field that provides special services to children 
 40.26  with a disability in school programs.  To be a student trainee 
 40.27  in a field, a person must have completed at least two years of 
 40.28  an approved program in the field.  A person who is licensed or 
 40.29  registered in the field must provide appropriate supervision of 
 40.30  each student trainee.  
 40.31     Sec. 68.  Minnesota Statutes 1996, section 128A.023, 
 40.32  subdivision 1, is amended to read: 
 40.33     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 40.34  LEARNING.] The department of children, families, and learning 
 40.35  must assist the state board of education the Faribault academies 
 40.36  in preparing reports on the academies.  
 41.1      Sec. 69.  Minnesota Statutes 1996, section 128A.023, 
 41.2   subdivision 2, is amended to read: 
 41.3      Subd. 2.  [DEPARTMENT OF EMPLOYEE RELATIONS.] The 
 41.4   department of employee relations, in cooperation with the state 
 41.5   board of education the Faribault academies, must develop a 
 41.6   statement of necessary qualifications and skills for all staff 
 41.7   members of the academies. 
 41.8      Sec. 70.  Minnesota Statutes 1996, section 128A.026, 
 41.9   subdivision 1, is amended to read: 
 41.10     Subdivision 1.  [SUBJECTS.] The state board of education 
 41.11  the Faribault academies must establish procedures for:  
 41.12     (1) admission, including short-term admission, to the 
 41.13  academies; 
 41.14     (2) discharge from the academies; 
 41.15     (3) decisions on a pupil's program at the academies; and 
 41.16     (4) evaluation of a pupil's progress at the academies.  
 41.17     Sec. 71.  Minnesota Statutes 1996, section 128A.026, 
 41.18  subdivision 3, is amended to read: 
 41.19     Subd. 3.  [NOT CONTESTED CASE.] A proceeding about 
 41.20  admission to or discharge from the academies or about a pupil's 
 41.21  program or progress at the academies is not a contested case 
 41.22  under section 14.02.  The proceeding is governed instead by the 
 41.23  rules of the state board governing special education.  
 41.24     Sec. 72.  Minnesota Statutes 1996, section 128A.07, 
 41.25  subdivision 2, is amended to read: 
 41.26     Subd. 2.  [LOCAL SOCIAL SERVICES AGENCY.] If the person 
 41.27  liable for support of a pupil cannot support the pupil, the 
 41.28  local social services agency of the county of the pupil's 
 41.29  residence must do so.  The commissioner of children, families, 
 41.30  and learning must decide how much the local social services 
 41.31  agency must pay.  The state board of education the Faribault 
 41.32  academies must adopt rules that tell how the commissioner is to 
 41.33  fix the amount.  The local social services agency must make the 
 41.34  payment to the superintendent of the school district of 
 41.35  residence.  
 41.36     Sec. 73.  Minnesota Statutes 1996, section 169.448, 
 42.1   subdivision 2, is amended to read: 
 42.2      Subd. 2.  [SCHOOL MOTOR COACHES.] (a) A school district may 
 42.3   not acquire a motor coach for transportation purposes.  
 42.4      (b) A motor coach acquired by a school district before 
 42.5   March 26, 1986, may be used by it only to transport students 
 42.6   participating in school activities, their instructors, and 
 42.7   supporting personnel to and from school activities.  A motor 
 42.8   coach may not be outwardly equipped and identified as a school 
 42.9   bus.  A motor coach operated under this subdivision is not a 
 42.10  school bus for purposes of section 124.225.  The state board of 
 42.11  education commissioner of children, families, and learning shall 
 42.12  implement rules governing the equipment, identification, 
 42.13  operation, inspection, and certification of motor coaches 
 42.14  operated under this subdivision.  
 42.15     (c) After January 1, 1998, a school district may not own or 
 42.16  operate a motor coach for any purpose.  
 42.17     Sec. 74.  Minnesota Statutes 1997 Supplement, section 
 42.18  169.974, subdivision 2, is amended to read: 
 42.19     Subd. 2.  [LICENSE REQUIREMENTS.] No person shall operate a 
 42.20  motorcycle on any street or highway without having a valid 
 42.21  standard driver's license with a two-wheeled vehicle endorsement 
 42.22  as provided by law.  No such two-wheeled vehicle endorsement 
 42.23  shall be issued unless the person applying therefor has in 
 42.24  possession a valid two-wheeled vehicle instruction permit as 
 42.25  provided herein, has passed a written examination and road test 
 42.26  administered by the department of public safety for such 
 42.27  endorsement, and, in the case of applicants under 18 years of 
 42.28  age, shall present a certificate or other evidence of having 
 42.29  successfully completed an approved two-wheeled vehicle driver's 
 42.30  safety course in this or another state, in accordance with rules 
 42.31  promulgated by the state board of education commissioner of 
 42.32  children, families, and learning for courses offered through the 
 42.33  public schools, or rules promulgated by the commissioner of 
 42.34  public safety for courses offered by a private or commercial 
 42.35  school or institute.  The commissioner of public safety may 
 42.36  waive the road test for any applicant on determining that the 
 43.1   applicant possesses a valid license to operate a two-wheeled 
 43.2   vehicle issued by a jurisdiction that requires a comparable road 
 43.3   test for license issuance.  A two-wheeled vehicle instruction 
 43.4   permit shall be issued to any person over 16 years of age, who 
 43.5   is in possession of a valid driver's license, who is enrolled in 
 43.6   an approved two-wheeled vehicle driver's safety course, and who 
 43.7   has passed a written examination for such permit and has paid 
 43.8   such fee as the commissioner of public safety shall prescribe.  
 43.9   A two-wheeled vehicle instruction permit shall be effective for 
 43.10  one year, and may be renewed under rules to be prescribed by the 
 43.11  commissioner of public safety. 
 43.12     No person who is operating by virtue of a two-wheeled 
 43.13  vehicle instruction permit shall: 
 43.14     (a) carry any passengers on the streets and highways of 
 43.15  this state on the motorcycle which the person is operating; 
 43.16     (b) drive the motorcycle at nighttime; 
 43.17     (c) drive the motorcycle on any highway marked by the 
 43.18  commissioner as an interstate highway pursuant to title 23 of 
 43.19  the United States Code; or 
 43.20     (d) drive the motorcycle without wearing protective 
 43.21  headgear that complies with standards established by the 
 43.22  commissioner of public safety. 
 43.23     Notwithstanding the provisions of this subdivision, the 
 43.24  commissioner of public safety may, however, issue a special 
 43.25  motorcycle permit, restricted or qualified in such manner as the 
 43.26  commissioner of public safety shall deem proper, to any person 
 43.27  demonstrating a need therefor and unable to qualify for a 
 43.28  standard driver's license. 
 43.29     Sec. 75.  Minnesota Statutes 1996, section 471.18, is 
 43.30  amended to read: 
 43.31     471.18 [STATE BOARD OF EDUCATION COMMISSIONER OF CHILDREN, 
 43.32  FAMILIES, AND LEARNING TO ESTABLISH QUALIFICATIONS.] 
 43.33     In all cases where school funds or property are utilized, 
 43.34  the state board of education commissioner of children, families, 
 43.35  and learning shall: 
 43.36     (1) Establish minimum qualifications of local recreational 
 44.1   directors and instructors; 
 44.2      (2) Prepare or cause to be prepared, published, and 
 44.3   distributed adequate and appropriate manuals and other materials 
 44.4   as it may deem necessary or suitable to carry out the provisions 
 44.5   of sections 471.15 to 471.19.  
 44.6      Sec. 76.  [REVISOR INSTRUCTION.] 
 44.7      In the next and subsequent editions of Minnesota Statutes 
 44.8   and Minnesota Rules, the revisor shall change the term "state 
 44.9   board of education" or similar terms to the term "commissioner 
 44.10  of children, families, and learning" or similar terms wherever 
 44.11  they appear. 
 44.12     Sec. 77.  [REPEALER.] 
 44.13     Minnesota Statutes 1996, sections 121.02, subdivision 2a, 
 44.14  3, and 4; and 121.11, subdivisions 5, 7, 7b, 7d, 9, 11, 12, and 
 44.15  14; and Minnesota Statutes 1997 Supplement, section 121.11, 
 44.16  subdivisions 7c and 7e, are repealed.