SF 2992

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; exempting facility maintenance 
  1.3             projects from review and comment; expanding use of 
  1.4             total operating capital revenue; expanding youth 
  1.5             initiative grants; expanding debt service 
  1.6             equalization; creating a maintenance levy; creating 
  1.7             technology aid; appropriating money; amending 
  1.8             Minnesota Statutes 1996, sections 124.84, subdivision 
  1.9             1, and by adding subdivisions; and 124.912, by adding 
  1.10            a subdivision; Minnesota Statutes 1997 Supplement, 
  1.11            sections 121.15, subdivision 6; 124.95, subdivision 2; 
  1.12            and 124A.22, subdivision 11; Laws 1996, chapter 463, 
  1.13            section 4, subdivision 2; proposing coding for new law 
  1.14            in Minnesota Statutes, chapter 124; repealing 
  1.15            Minnesota Statutes 1996, section 124.84, subdivisions 
  1.16            3 and 4. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.19  121.15, subdivision 6, is amended to read: 
  1.20     Subd. 6.  [REVIEW AND COMMENT.] A school district, a 
  1.21  special education cooperative, or a cooperative unit of 
  1.22  government, as defined in section 123.35, subdivision 19b, 
  1.23  paragraph (d), must not initiate an installment contract for 
  1.24  purchase or a lease agreement, hold a referendum for bonds, nor 
  1.25  solicit bids for new construction, expansion, or remodeling of 
  1.26  an educational facility that requires an expenditure in excess 
  1.27  of $400,000 per school site prior to review and comment by the 
  1.28  commissioner.  Facility maintenance projects funded with general 
  1.29  education aid and levy or health and safety aid and levy are 
  1.30  exempt from this provision unless the commissioner has issued an 
  1.31  unfavorable or negative review and comment on a proposal to 
  2.1   remodel or expand the school site.  Facility maintenance 
  2.2   projects include roof replacement, boiler replacement, wiring 
  2.3   for technology, and other projects designed to replace and 
  2.4   upgrade components of the building.  A school board shall not 
  2.5   separate portions of a single project into components to avoid 
  2.6   the requirements of this subdivision.  
  2.7      Sec. 2.  [124.254] [TECHNOLOGY AID.] 
  2.8      Subdivision 1.  [AID.] For fiscal years 1999, 2000, 2001, 
  2.9   and 2002, a school district's technology aid is equal $75 times 
  2.10  the actual pupil units for the school year.  To obtain 
  2.11  technology aid, the district must have a plan approved by the 
  2.12  commissioner that demonstrates how the district will promote 
  2.13  community access to technology in the schools. 
  2.14     Subd. 2.  [AID USE.] Aid received under this section must 
  2.15  be used according to section 124A.22, subdivision 11, clauses 
  2.16  (15), (18), (19), and (24). 
  2.17     Sec. 3.  Minnesota Statutes 1996, section 124.84, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [REMOVAL OF ARCHITECTURAL BARRIERS.] If a 
  2.20  school board has insufficient money in its capital expenditure 
  2.21  fund to remove architectural barriers from a building or grounds 
  2.22  it owns in order to allow a pupil to attend a school in the 
  2.23  pupil's attendance area or to meet the needs of an employee with 
  2.24  a disability provide required program access for disabled 
  2.25  pupils, employees, or members of the public, a district may 
  2.26  submit an application to the commissioner of children, families, 
  2.27  and learning containing at least the following: 
  2.28     (1) program modifications that the board considered, such 
  2.29  as relocating classrooms, providing an accessible unisex 
  2.30  bathroom, providing alternative library resources, or using 
  2.31  special equipment, such as bookcarts, and the reasons the 
  2.32  modifications were not feasible the planned future use of the 
  2.33  building; 
  2.34     (2) a description of the proposed building modifications 
  2.35  and the cost of the modifications; and 
  2.36     (3) the age and market value of the building; and 
  3.1      (4) the expected length of time the building is projected 
  3.2   to be used. 
  3.3      Individuals developing an application for a school district 
  3.4   shall complete a workshop, developed jointly by the commissioner 
  3.5   of children, families, and learning and the council on 
  3.6   disability, about access criteria. 
  3.7      In consultation with the council on disability, the 
  3.8   commissioner shall develop criteria to determine the 
  3.9   cost-effectiveness of removing barriers in older buildings. 
  3.10     The commissioner shall approve or disapprove an application 
  3.11  within 60 days of receiving it. 
  3.12     Sec. 4.  Minnesota Statutes 1996, section 124.84, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 5.  [DISABLED ACCESS REVENUE.] A district's disabled 
  3.15  access revenue for a fiscal year equals the sum of the total 
  3.16  approved cost of the district's disabled access transition plan 
  3.17  for fiscal years 2000 through the fiscal year to which the levy 
  3.18  is attributable.  The disabled access transition plan must 
  3.19  detail a schedule for completion of all disabled access projects 
  3.20  necessary to be in compliance with Public Law Number 93-112, 
  3.21  section 504 of the Rehabilitation Act of 1973, Public Law Number 
  3.22  101-336, the Americans with Disabilities Act for existing 
  3.23  buildings and grounds, and Minnesota state building codes for 
  3.24  new construction. 
  3.25     Sec. 5.  Minnesota Statutes 1996, section 124.84, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 6.  [DISABLED ACCESS LEVY.] To receive disabled 
  3.28  access revenue, a district may levy an amount equal to the 
  3.29  district's disabled access revenue as defined in subdivision 5 
  3.30  multiplied by the lesser of one, or the ratio of the quotient 
  3.31  derived by dividing the adjusted net tax capacity of the 
  3.32  district for the year preceding the year the levy is certified 
  3.33  by the actual pupil units in the district for the school year to 
  3.34  which the levy is attributable, to $4,707.50. 
  3.35     Sec. 6.  Minnesota Statutes 1996, section 124.84, is 
  3.36  amended by adding a subdivision to read: 
  4.1      Subd. 7.  [DISABLED ACCESS AID.] A district's disabled 
  4.2   access aid is the difference between its disabled access revenue 
  4.3   and its disabled access levy.  If a district does not levy the 
  4.4   entire amount permitted, disabled access aid must be reduced in 
  4.5   proportion to the actual amount levied.  Disabled access aid may 
  4.6   not be reduced as a result of reducing a district's disabled 
  4.7   access levy according to section 121.912. 
  4.8      Sec. 7.  Minnesota Statutes 1996, section 124.84, is 
  4.9   amended by adding a subdivision to read: 
  4.10     Subd. 8.  [PRORATION.] In the event that the health and 
  4.11  safety aid available for any year is prorated, a district having 
  4.12  its aid prorated may levy an additional amount equal to the 
  4.13  amount not paid by the state due to proration. 
  4.14     Sec. 8.  Minnesota Statutes 1996, section 124.912, is 
  4.15  amended by adding a subdivision to read: 
  4.16     Subd. 10.  [MAINTENANCE LEVY.] A district, after local 
  4.17  board approval, may levy up to $60 per resident pupil unit for 
  4.18  maintenance projects in excess of $200,000, as approved by the 
  4.19  commissioner.  A district must have an approved ten-year 
  4.20  facilities plan under section 124.239, subdivision 2, to be 
  4.21  eligible for this levy. 
  4.22     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  4.23  124.95, subdivision 2, is amended to read: 
  4.24     Subd. 2.  [ELIGIBILITY.] (a) The following portions of a 
  4.25  district's debt service levy qualify for debt service 
  4.26  equalization: 
  4.27     (1) debt service for repayment of principal and interest on 
  4.28  bonds issued before July 2, 1992; 
  4.29     (2) debt service for bonds refinanced after July 1, 1992, 
  4.30  if the bond schedule has been approved by the commissioner and, 
  4.31  if necessary, adjusted to reflect a 20-year maturity schedule; 
  4.32  and 
  4.33     (3) debt service for bonds issued after July 1, 1992, for 
  4.34  construction projects that have received a positive review and 
  4.35  comment according to section 121.15, if the commissioner has 
  4.36  determined that the district has met the criteria under section 
  5.1   124.431, subdivision 2, and if the bond schedule has been 
  5.2   approved by the commissioner and, if necessary, adjusted to 
  5.3   reflect a 20-year maturity schedule; and 
  5.4      (4) debt service for bonds for construction of joint public 
  5.5   and school libraries. 
  5.6      (b) The criterion in section 124.431, subdivision 2, 
  5.7   paragraph (a), clause (2), shall be considered to have been met 
  5.8   if the district in the fiscal year in which the bonds are 
  5.9   authorized at an election conducted under chapter 475: 
  5.10     (i) if grades 9 through 12 are to be served by the 
  5.11  facility, and an average of at least 66 pupils per grade in 
  5.12  these grades are served; or 
  5.13     (ii) is eligible for elementary or secondary sparsity 
  5.14  revenue. 
  5.15     (c) The criterion in section 124.431, subdivision 2, 
  5.16  paragraph (a), clause (2), shall also be considered to have been 
  5.17  met if the construction project under review serves students in 
  5.18  kindergarten to grade 8.  Only the debt service levy for that 
  5.19  portion of the facility serving students in prekindergarten to 
  5.20  grade 8, as determined by the commissioner, shall be eligible 
  5.21  for debt service equalization under this paragraph. 
  5.22     (d) The criterion described in section 124.431, subdivision 
  5.23  2, paragraph (a), clause (9), does not apply to bonds authorized 
  5.24  by elections held before July 1, 1992. 
  5.25     (e) For the purpose of this subdivision the department 
  5.26  shall determine the eligibility for sparsity at the location of 
  5.27  the new facility, or the site of the new facility closest to the 
  5.28  nearest operating school if there is more than one new facility. 
  5.29     (f) Notwithstanding paragraphs (a) to (e), debt service for 
  5.30  repayment of principal and interest on bonds issued after July 
  5.31  1, 1997, does not qualify for debt service equalization aid 
  5.32  unless the primary purpose of the facility is to serve students 
  5.33  in kindergarten through grade 12.  If the new facility 
  5.34  integrates social service programs or community programs, debt 
  5.35  service equalization aid must be applied to the entire project. 
  5.36     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
  6.1   124A.22, subdivision 11, is amended to read: 
  6.2      Subd. 11.  [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total 
  6.3   operating capital revenue may be used only for the following 
  6.4   purposes: 
  6.5      (1) to acquire land for school purposes; 
  6.6      (2) to acquire or construct buildings for school purposes, 
  6.7   up to $400,000; 
  6.8      (3) to rent or lease buildings, including the costs of 
  6.9   building repair or improvement that are part of a lease 
  6.10  agreement; 
  6.11     (4) to improve and repair school sites and buildings, and 
  6.12  equip or reequip school buildings with permanent attached 
  6.13  fixtures; 
  6.14     (5) for a surplus school building that is used 
  6.15  substantially for a public nonschool purpose; 
  6.16     (6) to eliminate barriers or increase access to school 
  6.17  buildings by individuals with a disability; 
  6.18     (7) to bring school buildings into compliance with the 
  6.19  uniform fire code adopted according to chapter 299F; 
  6.20     (8) to remove asbestos from school buildings, encapsulate 
  6.21  asbestos, or make asbestos-related repairs; 
  6.22     (9) to clean up and dispose of polychlorinated biphenyls 
  6.23  found in school buildings; 
  6.24     (10) to clean up, remove, dispose of, and make repairs 
  6.25  related to storing heating fuel or transportation fuels such as 
  6.26  alcohol, gasoline, fuel oil, and special fuel, as defined in 
  6.27  section 296.01; 
  6.28     (11) for energy audits for school buildings and to modify 
  6.29  buildings if the audit indicates the cost of the modification 
  6.30  can be recovered within ten years; 
  6.31     (12) to improve buildings that are leased according to 
  6.32  section 123.36, subdivision 10; 
  6.33     (13) to pay special assessments levied against school 
  6.34  property but not to pay assessments for service charges; 
  6.35     (14) to pay principal and interest on state loans for 
  6.36  energy conservation according to section 216C.37 or loans made 
  7.1   under the Northeast Minnesota Economic Protection Trust Fund Act 
  7.2   according to sections 298.292 to 298.298; 
  7.3      (15) to purchase or lease interactive telecommunications 
  7.4   equipment; 
  7.5      (16) by school board resolution, to transfer money into the 
  7.6   debt redemption fund to:  (i) pay the amounts needed to meet, 
  7.7   when due, principal and interest payments on certain obligations 
  7.8   issued according to chapter 475; or (ii) pay principal and 
  7.9   interest on debt service loans or capital loans according to 
  7.10  section 124.44; 
  7.11     (17) to pay capital expenditure equipment-related 
  7.12  assessments of any entity formed under a cooperative agreement 
  7.13  between two or more districts; 
  7.14     (18) to purchase or lease computers and related materials, 
  7.15  copying machines, telecommunications equipment, and other 
  7.16  noninstructional equipment; 
  7.17     (19) to purchase or lease assistive technology or equipment 
  7.18  for instructional programs; 
  7.19     (20) to purchase textbooks; 
  7.20     (21) to purchase new and replacement library books; 
  7.21     (22) to purchase vehicles; 
  7.22     (23) to purchase or lease telecommunications equipment, 
  7.23  computers, and related equipment for integrated information 
  7.24  management systems for: 
  7.25     (i) managing and reporting learner outcome information for 
  7.26  all students under a results-oriented graduation rule; 
  7.27     (ii) managing student assessment, services, and achievement 
  7.28  information required for students with individual education 
  7.29  plans; and 
  7.30     (iii) other classroom information management needs; and 
  7.31     (24) to pay personnel costs directly related to the 
  7.32  acquisition, operation, and maintenance of telecommunications 
  7.33  systems, computers, related equipment, and network and 
  7.34  applications software. 
  7.35     Sec. 11.  Laws 1996, chapter 463, section 4, subdivision 2, 
  7.36  is amended to read: 
  8.1   Subd. 2.  Youth Initiative Grants                    16,000,000 
  8.2   For grants to local government units to 
  8.3   design, furnish, equip, repair, 
  8.4   replace, or construct parks and 
  8.5   recreation buildings and school 
  8.6   buildings to provide youth, with 
  8.7   preference for youth in grades four 
  8.8   through eight, with regular enrichment 
  8.9   activities during nonschool hours, 
  8.10  including after school, evenings, 
  8.11  weekends, and school vacation periods, 
  8.12  and that will provide equal access and 
  8.13  programming for girls.  The buildings 
  8.14  may be leased to nonprofit community 
  8.15  organizations, subject to Minnesota 
  8.16  Statutes, section 16A.695, for the same 
  8.17  purposes.  Enrichment programs include 
  8.18  academic enrichment, homework 
  8.19  assistance, computer and technology 
  8.20  use, arts and cultural activities, 
  8.21  clubs, school-to-work and work force 
  8.22  development, athletic, and recreational 
  8.23  activities.  Grants must be used to 
  8.24  expand the number of children 
  8.25  participating in enrichment programs or 
  8.26  improve the quality or range of program 
  8.27  offerings.  The facilities must be 
  8.28  fully available for programming 
  8.29  sponsored by youth-serving nonprofit 
  8.30  and community groups, or school, 
  8.31  county, or city programs, for maximum 
  8.32  hours after school, evenings, weekends, 
  8.33  summers, and other school vacation 
  8.34  periods.  Priority must be given to 
  8.35  proposals that demonstrate 
  8.36  collaboration among private, nonprofit, 
  8.37  and public agencies, including regional 
  8.38  entities dealing with at-risk youth, 
  8.39  and community and parent organizations 
  8.40  in arranging for programming, staffing, 
  8.41  transportation, and equipment.  All 
  8.42  proposals must include an inventory of 
  8.43  existing facilities and an assessment 
  8.44  of programming needs in the community. 
  8.45  (a) Enrichment grants within the
  8.46  city of Minneapolis                                   5,000,000
  8.47  Of this amount, at least $2,500,000 
  8.48  must be used in the neighborhoods of 
  8.49  the Near North Side, Hawthorne, 
  8.50  Sumner-Glenwood, Powderhorn, Central, 
  8.51  Whittier, and Phillips, or other 
  8.52  neighborhoods with eligible programs. 
  8.53  (b) Enrichment grants within the 
  8.54  city of St. Paul                                      5,000,000
  8.55  Of this amount, at least $2,500,000 
  8.56  must be used in the neighborhoods of 
  8.57  Summit-University, Thomas-Dale, North 
  8.58  End, Payne-Phalen, Daytons Bluff, and 
  8.59  the West Side, or other neighborhoods 
  8.60  with eligible programs. 
  8.61  The remaining $2,500,000 is available 
  8.62  citywide, with priority for some of the 
  8.63  remaining amount given to proposals by 
  8.64  public/private partnerships currently 
  8.65  offering after-school enrichment 
  9.1   programs in low-income areas in 
  9.2   conjunction with a neighborhood-based 
  9.3   organization.  Up to $100,000 of the 
  9.4   remaining $2,500,000 may be used to 
  9.5   develop urban sports facilities for 
  9.6   at-risk inner city youth, including 
  9.7   those older than eighth grade. 
  9.8   (c) Enrichment grants outside 
  9.9   of the cities of Minneapolis 
  9.10  and St. Paul                                         6,000,000
  9.11  Priority must be given to school 
  9.12  attendance areas with high 
  9.13  concentrations of children eligible for 
  9.14  free or reduced school lunch and to 
  9.15  government units demonstrating a 
  9.16  commitment to collaborative youth 
  9.17  efforts. 
  9.18  $500,000 is to the city of Bloomington 
  9.19  for after school enrichment activities 
  9.20  in the northeast Bloomington study area.
  9.21  The commissioner of children, families, 
  9.22  and learning must make a grant of at 
  9.23  least $1,000,000 to a school district 
  9.24  that is a part of a collaborative 
  9.25  effort that has at least two other 
  9.26  school districts, is multicultural and 
  9.27  multijurisdictional, and has previously 
  9.28  received a facility planning grant for 
  9.29  collaborative purposes. 
  9.30  (d) Each grant must be matched by $1 
  9.31  from local sources for each $2 of state 
  9.32  money.  In-kind contributions of 
  9.33  facilities and operating expenses may 
  9.34  be used for the local match.  The value 
  9.35  of in-kind contributions must be 
  9.36  determined by the commissioner of 
  9.37  finance.  
  9.38  (e) Preference must be given to 
  9.39  projects for which at least ten percent 
  9.40  of the youth initiative grant is 
  9.41  expended using youthbuild under 
  9.42  Minnesota Statutes, sections 268.361 to 
  9.43  268.367, or other youth employment and 
  9.44  training programs, for the labor 
  9.45  portion of the construction.  Eligible 
  9.46  programs must consult with appropriate 
  9.47  labor organizations to deliver 
  9.48  education and training. 
  9.49     Sec. 12.  [TECHNOLOGY BENCHMARKS.] 
  9.50     By September 30, 1998, the commissioner of children, 
  9.51  families, and learning shall adopt goals or benchmarks for 
  9.52  school districts which determine a desired student ratio of 
  9.53  technology equipment at each school site, including computers, 
  9.54  multimedia computers, Internet accessible computers, and 
  9.55  classroom network connections.  The commissioner shall also 
  9.56  establish and regularly update an interactive Internet site 
 10.1   which contains information on each school district and their 
 10.2   status compared to the benchmarks established in this section. 
 10.3      Sec. 13.  [TEACHER AND STAFF TECHNOLOGY TRAINING.] 
 10.4      The commissioner of children, families, and learning shall 
 10.5   award grants to teachers and other nonteaching staff to attend 
 10.6   training classes as a group, to enhance the use of computers or 
 10.7   telecommunication technology as learning and working tools.  The 
 10.8   applicant group must include at least ten staff members from one 
 10.9   or more school sites.  All participants must agree to share the 
 10.10  information and skills they acquire through the technology 
 10.11  training grant with other staff at the school and within the 
 10.12  district where they work.  The commissioner shall develop an 
 10.13  application procedure and form necessary to administer the grant 
 10.14  program.  All applicant groups must supply information required 
 10.15  by the commissioner.  At a minimum, the grants must specify the 
 10.16  group membership, the type of technology training, and proposals 
 10.17  to share the information and skills acquired through the 
 10.18  training. 
 10.19     Sec. 14.  [PUBLIC LIBRARY ACCESSIBILITY GRANTS.] 
 10.20     Subdivision 1.  [APPROPRIATION.] $3,000,000 is appropriated 
 10.21  from the bond proceeds fund to the commissioner of children, 
 10.22  families, and learning for grants to public libraries for 
 10.23  accessibility capital projects under Minnesota Statutes, section 
 10.24  134.45. 
 10.25     Subd. 2.  [BOND SALE.] To provide the money appropriated by 
 10.26  this section from the bond proceeds fund, the commissioner of 
 10.27  finance, on request of the governor, shall sell and issue bonds 
 10.28  of the state in an amount up to $3,000,000 in the manner, on the 
 10.29  terms, and with the effect prescribed by Minnesota Statutes, 
 10.30  sections 16A.631 to 16A.675, and by the Minnesota Constitution, 
 10.31  article XI, sections 4 to 7. 
 10.32     Sec. 15.  [APPROPRIATION.] 
 10.33     Subdivision 1.  [COMMISSIONER.] The following sums are 
 10.34  appropriated from the general fund to the commissioner of 
 10.35  children, families, and learning in the fiscal year designated. 
 10.36     Subd. 2.  [TEACHER AND STAFF TECHNOLOGY TRAINING 
 11.1   GRANTS.] For the teacher and staff technology training grants 
 11.2   under section 13: 
 11.3        $1,000,000     .....     1999 
 11.4      At least $100,000 of this appropriation shall be used for 
 11.5   nonteaching staff training. 
 11.6      Subd. 3.  [TECHNOLOGY AID.] For technology aid according to 
 11.7   Minnesota Statutes, section 124.254: 
 11.8        $72,000,000     .....     1999 
 11.9      Sec. 16.  [REPEALER.] 
 11.10     Minnesota Statutes 1996, section 124.84, subdivisions 3 and 
 11.11  4, are repealed effective July 1, 1999. 
 11.12     Sec. 17.  [EFFECTIVE DATE.] 
 11.13     Sections 3 to 7 and 9 are effective July 1, 1999. 
 11.14     Sections 11 and 14 are effective the day following final 
 11.15  enactment.