SF 2994

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for prekindergarten through grade 12 education,
including education excellence, education funding, and special programs;
authorizing rulemaking; appropriating money; amending Minnesota Statutes
2004, sections 120A.22, subdivision 3; 120B.021, subdivision 1; 120B.023;
120B.024; 121A.035; 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.31,
subdivision 1, by adding a subdivision; 123B.77, subdivision 3, by adding
a subdivision; 123B.90, subdivision 2; 123B.91, by adding a subdivision;
124D.095, subdivision 3; 124D.10, subdivision 16; 124D.61; 125A.02,
subdivision 1; 125A.27, subdivision 11; 125A.29; 125A.30; 125A.32; 125A.33;
125A.48; 125A.515, subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.63, subdivision 4;
125A.75, subdivision 1, by adding a subdivision; 169.01, subdivision 6; 169.447,
subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503,
subdivision 20; 171.321, subdivisions 4, 5; 299F.30; 626.556, subdivisions 3b,
3c; Minnesota Statutes 2005 Supplement, sections 120B.021, subdivision 1a;
120B.131, subdivision 2; 122A.414, subdivisions 2b, 3; 123B.92, subdivisions
1, 5; 124D.095, subdivision 4; 125A.11, subdivision 1; 125A.28; 126C.17,
subdivision 9; 626.556, subdivision 3; Laws 2005, First Special Session chapter
5, article 2, section 84, subdivision 13; proposing coding for new law in
Minnesota Statutes, chapters 120B; 121A; 122A; 124D; repealing Minnesota
Statutes 2004, sections 121A.23; 123B.749; 125A.10; 125A.515, subdivision 2;
169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26.

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

ARTICLE 1

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2004, section 120A.22, subdivision 3, is amended to
read:

Subd. 3.

Parent defined; residency determined.

(a) In this section and sections
120A.24 and 120A.26, "parent" means a parent, guardian, or other person having legal
custody of a child.

(b) In sections 125A.03 to 125A.24 and 125A.65, "parent" means a parent, guardian,
or other person having legal custody of a child under age 18. For an unmarried pupil age
18 or over, "parent" means the pupil unless a guardian or conservator has been appointed,
in which case it means the guardian or conservator.

(c) For purposes of sections 125A.03 to 125A.24 and 125A.65, the school district of
residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and
who is placed in a center for care and treatment, shall be the school district in which the
pupil's biological or adoptive parent or designated guardian resides.

(d) For a married pupil age 18 or over, the school district of residence is the school
district in which the married pupil resides.

new text begin (e) If a district reasonably believes that a student does not meet the residency
requirements of the school district in which the student is attending school, the student
may be removed from the school only after the district sends the student's parents written
notice of the district's belief, including the facts upon which the belief is based, and an
opportunity to provide documentary evidence of residency in person to the superintendent
or designee, or, at the option of the parents, by sending the documentary evidence to the
superintendent, or a designee, who will then make a determination as to the residency
status of the student.
new text end

Sec. 2.

Minnesota Statutes 2004, section 120B.021, subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

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

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

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

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

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

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

new text begin At a minimum, school districts must maintain the same physical education and
health education requirements for students in kindergarten through grade 8 adopted for the
2005-2006 school year through the 2008-2009 school year. Before a revision of the local
health and physical education standards, a school district must consult the grade-specific
benchmarks developed by the Department of Education's health and physical education
quality teaching network for the six national physical education standards and the seven
national health standards.
new text end

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

Sec. 3.

Minnesota Statutes 2005 Supplement, section 120B.021, subdivision 1a,
is amended to read:

Subd. 1a.

Rigorous course of study; waiver.

(a) Upon receiving a student's
application signed by the student's parent or guardian, a school district, area learning
center, or charter school must declare that a student meets or exceeds a specific academic
standard required for graduation under this section if the local school board, the school
board of the school district in which the area learning center is located, or the charter
school board of directors determines that the student:

(1) is participating in a course of study, including an advanced placement or
international baccalaureate course or program; a learning opportunity outside the
curriculum of the district, area learning center, or charter school; or an approved
preparatory program for employment or postsecondary education that is equally or more
rigorous than the corresponding state or local academic standard required by the district,
area learning center, or charter school;

(2) would be precluded from participating in the rigorous course of study, learning
opportunity, or preparatory employment or postsecondary education program if the student
were required to achieve the academic standard to be waived; and

(3) satisfactorily completes the requirements for the rigorous course of study,
learning opportunity, or preparatory employment or postsecondary education program.

Consistent with the requirements of this section, the local school board, the school board
of the school district in which the area learning center is located, or the charter school
board of directors also may formally determine other circumstances in which to declare
that a student meets or exceeds a specific academic standard that the site requires for
graduation under this section.

(b) A student who satisfactorily completes a postsecondary enrollment options
course or program under section 124D.09 new text begin , or an advanced placement or international
baccalaureate course or program under section 120B.13 new text end is not required to complete other
requirements of the academic standards corresponding to that specific rigorous course
of study.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2004, section 120B.023, is amended to read:

120B.023 BENCHMARKS.

new text begin Subdivision 1. new text end

new text begin Benchmarks implement, supplement statewide academic
standards. new text end

(a) The commissioner must supplement required state academic standards with
grade-level benchmarks. High school benchmarks may cover more than one grade. The
benchmarks must implement statewide academic standards by specifying the academic
knowledge and skills that schools must offer and students must achieve to satisfactorily
complete a state standard. new text begin The commissioner must publish new text end benchmarks deleted text begin are published deleted text end to
inform and guide parents, teachers, school districts, and other interested persons and deleted text begin for deleted text end new text begin to new text end
use in developing tests consistent with the benchmarks.

(b) The commissioner shall publish benchmarks in the State Register and transmit
the benchmarks in any other manner that makes them accessible to the general public. The
commissioner may charge a reasonable fee for publications.

(c) Once established, the commissioner may change the benchmarks only with
specific legislative authorization and after completing a review under deleted text begin paragraph (d) deleted text end new text begin
subdivision 2 new text end .

(d) The commissioner must develop and implement a system for reviewing deleted text begin on
a four-year cycle deleted text end each of the required academic standards and related benchmarks and
elective standards deleted text begin beginning in the 2006-2007 school year deleted text end new text begin on a periodic cycle, consistent
with subdivision 2 new text end .

(e) The benchmarks are not subject to chapter 14 and section 14.386 does not apply.

new text begin Subd. 2. new text end

new text begin Revisions and reviews required. new text end

new text begin (a) The education commissioner must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.
new text end

new text begin (b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
new text end

new text begin (1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
new text end

new text begin (2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
new text end

new text begin The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 school
year are aligned with the state academic standards in mathematics. The statewide 11th
grade math test administered to students under clause (2) beginning in the 2013-2014
school year must include algebra II test items that are aligned with corresponding state
academic standards in mathematics. The commissioner must implement a review of the
academic standards and related benchmarks in mathematics beginning in the 2015-2016
school year.
new text end

new text begin (c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.
new text end

new text begin (d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.
new text end

new text begin (e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.
new text end

new text begin (f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.
new text end

new text begin (g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical education, world
languages and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for the
academic standards and related benchmarks in health, physical education, world languages
and career and technical education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 120B.024, is amended to read:

120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS new text begin ;
STUDENT TRANSFERS new text end .

new text begin (a) new text end Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:

(1) four credits of language arts;

(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard new text begin and beginning the 2010-2011
school year for students scheduled to graduate in the 2014-2015 school year or later, one
algebra II credit or its equivalent new text end ;

(3) three credits of science, including at least one credit in biology new text begin and for the
2011-2012 school year and later, one credit in chemistry or physics new text end ;

(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studies new text begin , agriculture education, new text end or business department;

(5) one credit in the arts; deleted text begin and
deleted text end

(6) new text begin one-half credit in physical education and one-half credit in health education; and new text end

new text begin (7) new text end a minimum of deleted text begin seven deleted text end new text begin six new text end elective course credits.

new text begin (b) new text end A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.

new text begin (c) An agriculture science course may fulfill a science credit requirement under
this section.
new text end

new text begin (d) A district, area learning center, and charter school must establish processes by
which to transfer as completed:
new text end

new text begin (1) those course credit requirements that other school sites within the district or
other public schools verify on transcripts as completed; and
new text end

new text begin (2) the work that educational institutions outside the state accept for completing the
equivalent of course credit requirements and verify on transcripts as completed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2005 Supplement, section 120B.131, subdivision 2, is
amended to read:

Subd. 2.

Reimbursement for examination fees.

The state may reimburse
college-level examination program (CLEP) fees for a Minnesota public new text begin or nonpublic new text end
high school student who has successfully completed one or more college-level courses
in high school deleted text begin and earned a satisfactory score on one or more CLEP examinations deleted text end new text begin in the
subject matter of each examination new text end in the following subjects: composition and literature,
mathematics and science, social sciences and history, foreign languages, and business and
humanities. The state may reimburse each deleted text begin successful deleted text end student for up to six examination
fees. The commissioner shall establish application procedures and a process and schedule
for fee reimbursements. The commissioner must give priority to reimburse the CLEP
examination fees of students of low-income families.

Sec. 7.

new text begin [121A.02] SCHOOL SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin School safety advisory council. new text end

new text begin A School Safety Advisory Council
is established under section 15.059. The advisory council is composed of 12 members
representing law enforcement agencies, mental health services, substance abuse services,
faith communities, school administrators, students, and school athletic departments and
extracurricular organizations. The members of the council shall be appointed by the
commissioner and must be from geographically diverse regions of the state.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The advisory council shall advise the commissioner on issues
related to school safety. The advisory council, in cooperation with the commissioner,
shall make recommendations for the creation of a Center for School Safety for the state
that serves as the central point for the collection and dissemination of information about
successful school safety programs, provide services to schools to assess current school
environments, and provide materials, training, and technical assistance.
new text end

new text begin Subd. 3. new text end

new text begin Center for school safety. new text end

new text begin Consistent with the recommendations of
the advisory council, the commissioner shall establish the Center for School Safety.
The advisory council shall continue to advise the commissioner and the center on its
operations. The Center for School Safety shall, at a minimum:
new text end

new text begin (1) establish a clearinghouse for information and materials concerning school safety;
new text end

new text begin (2) provide safe school assessments;
new text end

new text begin (3) provide training and technical assistance customized to individual school needs
for school staff, students, and parents;
new text end

new text begin (4) provide services to enhance school climate;
new text end

new text begin (5) coordinate school efforts with the broader community; and
new text end

new text begin (6) evaluate and report on the implementation and effectiveness of the services
provided by the center.
new text end

Sec. 8.

Minnesota Statutes 2004, section 121A.035, is amended to read:

121A.035 CRISIS MANAGEMENT POLICY.

Subdivision 1.

Model policy.

deleted text begin By December 1, 1999, deleted text end The commissioner shall
maintain and make available to school boards new text begin and charter schools new text end a model crisis
management policy new text begin that includes, among other items, school lock-down and tornado drills,
consistent with subdivision 2, and school fire drills under section 299F.30 new text end .

Subd. 2.

School district new text begin and charter school new text end policy.

deleted text begin By July 1, 2000, deleted text end A school
board new text begin and a charter school new text end must adopt a deleted text begin district deleted text end crisis management policy to address
potential violent crisis situations in the district new text begin or charter school new text end . The policy must be
developed deleted text begin in consultation deleted text end new text begin cooperatively new text end with administrators, teachers, employees,
students, parents, community members, law enforcement agencies, new text begin other emergency
management officials, new text end county attorney offices, social service agencies, new text begin emergency medical
responders, new text end and any other appropriate individuals or organizations. new text begin The policy must
include at least five school lock-down drills, five school fire drills consistent with section
299F.30, and one tornado drill.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 9.

new text begin [121A.231] COMPREHENSIVE FAMILY LIFE AND SEXUALITY
EDUCATION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Comprehensive family life and sexuality education"
means education in grades 7 through 12 that:
new text end

new text begin (1) respects community values and encourages family communication;
new text end

new text begin (2) develops skills in communication, decision making, and conflict resolution;
new text end

new text begin (3) contributes to healthy relationships;
new text end

new text begin (4) provides human development and sexuality education that is age appropriate
and medically accurate;
new text end

new text begin (5) includes an abstinence-first approach to delaying initiation of sexual activity that
emphasizes abstinence while also including education about the use of protection and
contraception; and
new text end

new text begin (6) promotes individual responsibility.
new text end

new text begin (b) "Age appropriate" refers to topics, messages, and teaching methods suitable to
particular ages or age groups of children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age group.
new text end

new text begin (c) "Medically accurate" means verified or supported by research conducted in
compliance with scientific methods and published in peer-reviewed journals, where
appropriate, and recognized as accurate and objective by professional organizations
and agencies in the relevant field, such as the federal Centers for Disease Control
and Prevention, the American Public Health Association, the American Academy of
Pediatrics, or the American College of Obstetricians and Gynecologists.
new text end

new text begin Subd. 2. new text end

new text begin Curriculum requirements. new text end

new text begin (a) A school district may offer and may
independently establish policies, procedures, curriculum, and services for providing
comprehensive family life and sexuality education that is age appropriate and medically
accurate for kindergarten through grade 6.
new text end

new text begin (b) A school district must offer and may independently establish policies, procedures,
curriculum, and services for providing comprehensive family life and sexuality education
that is age appropriate and medically accurate for grades 7 through 12.
new text end

new text begin Subd. 3. new text end

new text begin Notice and parental options. new text end

new text begin (a) It is the legislature's intent to encourage
pupils to communicate with their parents or guardians about human sexuality and to respect
rights of parents or guardians to supervise their children's education on these subjects.
new text end

new text begin (b) Parents or guardians may excuse their children from all or part of a
comprehensive family life and sexuality education program.
new text end

new text begin (c) A school district must establish procedures for providing parents or guardians
reasonable notice with the following information:
new text end

new text begin (1) if the district is offering a comprehensive family life and sexuality education
program to the parents' or guardians' child during the course of the year;
new text end

new text begin (2) how the parents or guardians may inspect the written and audio/visual
educational materials used in the program and the process for inspection;
new text end

new text begin (3) if the program is presented by school district personnel or outside consultants,
and if outside consultants are used, who they may be; and
new text end

new text begin (4) parents' or guardians' right to choose not to have their child participate in the
program and the procedure for exercising that right.
new text end

new text begin (d) A school district must establish procedures for reasonably restricting the
availability of written and audio/visual educational materials from public view of students
who have been excused from all or part of a comprehensive family life and sexuality
education program at the request of a parent or guardian.
new text end

new text begin Subd. 4. new text end

new text begin Assistance to school districts. new text end

new text begin (a) The Department of Education may
offer services to school districts to help them implement effective comprehensive family
life and sexuality education programs. In providing these services, the department may
contract with a school district, or a school district in partnership with a local health agency
or a nonprofit organization, to establish up to eight regional training sites, taking into
account geographical balance, to provide:
new text end

new text begin (1) training for teachers, parents, and community members in the development of
comprehensive family life and sexuality education curriculum or services and in planning
for monitoring and evaluation activities;
new text end

new text begin (2) resource staff persons to provide expert training, curriculum development and
implementation, and evaluation services;
new text end

new text begin (3) technical assistance to promote and coordinate community, parent, and youth
forums in communities identified as having high needs for comprehensive family life
and sexuality education;
new text end

new text begin (4) technical assistance for issue management and policy development training for
school boards, superintendents, principals, and administrators across the state; and
new text end

new text begin (5) funding for grants to school-based comprehensive family life and sexuality
education programs to promote innovation and to recognize outstanding performance and
promote replication of demonstrably effective strategies.
new text end

new text begin (b) Technical assistance provided by the department to school districts or regional
training sites may:
new text end

new text begin (1) promote instruction and use of materials that are age appropriate;
new text end

new text begin (2) provide information that is medically accurate and objective;
new text end

new text begin (3) provide instruction and promote use of materials that are respectful of marriage
and commitments in relationships;
new text end

new text begin (4) provide instruction and promote use of materials that are appropriate for use
with pupils and family experiences based on race, gender, sexual orientation, ethnic
and cultural background, and appropriately accommodate alternative learning based on
language or disability;
new text end

new text begin (5) provide instruction and promote use of materials that encourage pupils to
communicate with their parents or guardians about human sexuality;
new text end

new text begin (6) provide instruction and promote use of age-appropriate materials that teach
abstinence from sexual intercourse as the only certain way to prevent unintended
pregnancy or sexually transmitted infections, including HIV, and provide information
about the role and value of abstinence while also providing medically accurate information
on other methods of preventing and reducing risk for unintended pregnancy and sexually
transmitted infections;
new text end

new text begin (7) provide instruction and promote use of age-appropriate materials that are
medically accurate in explaining transmission modes, risks, symptoms, and treatments for
sexually transmitted infections, including HIV;
new text end

new text begin (8) provide instruction and promote use of age-appropriate materials that address
varied societal views on sexuality, sexual behaviors, pregnancy, and sexually transmitted
infections, including HIV, in an age-appropriate manner;
new text end

new text begin (9) provide instruction and promote use of age-appropriate materials that provide
information about the effectiveness and safety of all FDA-approved methods for
preventing and reducing risk for unintended pregnancy and sexually transmitted
infections, including HIV;
new text end

new text begin (10) provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about sexuality;
new text end

new text begin (11) provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about finding and
using health services; and
new text end

new text begin (12) provide instruction and promote use of age-appropriate materials that do not
teach or promote religious doctrine nor reflect or promote bias against any person on the
basis of any category protected under the Minnesota Human Rights Act, chapter 363A.
new text end

Sec. 10.

Minnesota Statutes 2004, section 122A.09, subdivision 4, is amended to read:

Subd. 4.

License and rules.

(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a person to successfully complete a skills
examination in reading, writing, and mathematics as a requirement for initial teacher
licensure. Such rules must require college and universities offering a board-approved
teacher preparation program to provide remedial assistance to persons who did not
achieve a qualifying score on the skills examination, including those for whom English is
a second language.

(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.

(d) The board must provide the leadership and shall adopt rules for the redesign of
teacher education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness based
on proficiency of graduates in demonstrating attainment of program outcomes. new text begin The board
must require that persons enrolled in a teacher preparation program receive instruction
in historical and cultural competencies related to Minnesota American Indian tribes and
communities and their contributions to Minnesota, consistent with sections 124D.71 to
124D.82. The competencies related to Minnesota American Indian tribes and communities
must include, among other components, standards for instructional practices most effective
for successfully teaching elementary and secondary American Indian students.
new text end

(e) The board must adopt rules requiring successful completion of an examination
of general pedagogical knowledge and examinations of licensure-specific teaching
skills. The rules shall be effective on the dates determined by the board but not later
than September 1, 2001.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses.

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation
in understanding the key warning signs of early-onset mental illness in children and
adolescents.

new text begin (o) The board must adopt rules to include instruction and other development
activities to improve the understanding and effective instruction of and communication
with Minnesota American Indian tribes and communities, consistent with paragraph (d)
and sections 124D.71 to 124D.82, in the 125 clock hours of professional development that
teachers must complete to renew their professional teaching license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 122A.414, subdivision 2b,
is amended to read:

Subd. 2b.

Approval process.

(a) Consistent with the requirements of this section
and sections 122A.413 and 122A.415, the department must prepare and transmit to
interested school districts, intermediate school districts, school sites, and charter schools
a standard form for applying to participate in the alternative teacher professional pay
system. An interested school district, intermediate school district, school site, or charter
school must submit to the commissioner a completed application executed by the district
superintendent and the exclusive bargaining representative of the teachers if the applicant
is a school district, intermediate school district, or school site, or executed by the charter
school board of directors if the applicant is a charter school. The application must include
the proposed alternative teacher professional pay system agreement under subdivision
2. The department must convene a review committee that at least includes teachers and
administrators within 30 days of receiving a completed application to recommend to
the commissioner whether to approve or disapprove the application. The commissioner
must approve applications on a first-come, first-served basis. The applicant's alternative
teacher professional pay system agreement must be legally binding on the applicant
and the collective bargaining representative before the applicant receives alternative
compensation revenue. The commissioner must approve or disapprove an application
based new text begin solely new text end on the new text begin explicit new text end requirements under subdivisions 2 and 2a new text begin and may not impose
any other conditions for approval new text end .

(b) If the commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the application.
The applicant may revise and resubmit its application and related documents to the
commissioner within 30 days of receiving notice of the commissioner's disapproval and
the commissioner must approve or disapprove the revised application, consistent with this
subdivision. Applications that are revised and then approved are considered submitted on
the date the applicant initially submitted the application.

Sec. 12.

Minnesota Statutes 2005 Supplement, section 122A.414, subdivision 3,
is amended to read:

Subd. 3.

Report; continued funding.

(a) Participating districts, intermediate
school districts, school sites, and charter schools must report on the implementation and
effectiveness of the alternative teacher professional pay system, particularly addressing
each requirement under subdivision 2 and make annual recommendations by June 15 to
their school boards. The school board or board of directors shall transmit a copy of the
report with a summary of the findings and recommendations of the district, intermediate
school district, school site, or charter school to the commissioner.

(b) If the commissioner determines that a school district, intermediate school district,
school site, or charter school that receives alternative teacher compensation revenue is not
complying with the requirements of this section, the commissioner may withhold funding
from that participant. Before making the determination, the commissioner must notify the
participant of any deficiencies and provide the participant an opportunity to comply.

new text begin (c) The commissioner's review and evaluation of an alternative teacher professional
pay system must be judged relative to the participant's approved plan and may not impose
any criteria other than are contained in the plan or the explicit requirements of this section.
new text end

Sec. 13.

Minnesota Statutes 2004, section 123B.90, subdivision 2, is amended to read:

Subd. 2.

Student training.

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

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

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

(3) appropriate conduct while on the school bus;

(4) the danger zones surrounding a school bus;

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

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

(7) school bus evacuation.

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

(c) Students enrolled in kindergarten through grade 6 who are transported by school
bus and are enrolled during the first or second week of school must receive the school bus
safety training competencies by the end of the third week of school. Students enrolled in
grades 7 through 10 who are transported by school bus and are enrolled during the first or
second week of school and have not previously received school bus safety training must
receive the training or receive bus safety instructional materials by the end of the sixth
week of school. Students deleted text begin taking driver's training instructional classes and other students deleted text end in
deleted text begin grades 9 and deleted text end new text begin grade 9 or new text end 10 must receive training in the laws and proper procedures when
operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten
through grade 10 who enroll in a school after the second week of school and are
transported by school bus and have not received training in their previous school district
shall undergo school bus safety training or receive bus safety instructional materials
within four weeks of the first day of attendance. new text begin Upon request of the superintendent
of schools, new text end the school transportation safety director in each district must certify to the
superintendent deleted text begin of schools annually deleted text end that all students transported by school bus within
the district have received the school bus safety training according to this section. new text begin Upon
request of the superintendent of the school district where the nonpublic school is located,
new text end the principal or other chief administrator of each nonpublic school must certify deleted text begin annually deleted text end to
the school transportation safety director of the district in which the school is located that
the school's students transported by school bus at public expense have received training
according to this section.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 14.

Minnesota Statutes 2004, section 123B.91, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Compliance by nonpublic and charter school students. new text end

new text begin A nonpublic or
charter school student transported by a public school district shall comply with student bus
conduct and student bus discipline policies of the transporting public school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 15.

Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type three school
buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a
majority of the time for pupil transportation purposes, computed on a straight line basis at
the rate of 20 percent per year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.

For the purposes of this paragraph, a district may designate a licensed day care
facility, new text begin school day care facility, new text end respite care facility, the residence of a relative, or the
residence of a person chosen by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or guardian, and if that facility or
residence is within the attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of extraordinary
traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;

(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes; and

(vii) services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
under section 124D.128.

For purposes of computing special education base revenue under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 16.

Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 5, is
amended to read:

Subd. 5.

District reports.

(a) Each district must report data to the department as
required by the department to account for transportation expenditures.

(b) Salaries and fringe benefits of district employees whose primary duties are
other than transportation, including central office administrators and staff, building
administrators and staff, teachers, social workers, school nurses, and instructional aides,
must not be included in a district's transportation expenditures, except that a district may
include salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct support to the
transportation director, or (3) an employee providing direct transportation services such as
a bus driver or bus aide.

(c) Salaries and fringe benefits of deleted text begin other deleted text end new text begin the new text end district employees new text begin listed in paragraph
(b), clauses (1), (2), and (3), new text end who work part time in transportation and part time in other
areas must not be included in a district's transportation expenditures unless the district
maintains documentation of the employee's time spent on pupil transportation matters in
the form and manner prescribed by the department.

(d) Pupil transportation expenditures, excluding expenditures for capital outlay,
leased buses, student board and lodging, crossing guards, and aides on buses, must
be allocated among transportation categories based on cost-per-mile, cost-per-student,
cost-per-hour, or cost-per-route, regardless of whether the transportation services are
provided on district-owned or contractor-owned school buses. new text begin Districts using contracted
services will be exempt from the standard cost allocation method for authorized categories
if the district's cost-per-mile, cost-per-hour, or cost-per-route for authorized categories
does not vary more than 15 percent among authorized categories, excluding salaries and
fringe benefits of bus aides. Both district-owned and contractor-owned operations shall
report a cost-per-mile, cost-per-hour, or cost-per-route for nonauthorized categories that is
within 15 percent of what is used for authorized categories, excluding salaries and fringe
benefits of bus aides. If the costs reported by either district-owned or contractor-owned
operations vary more than the parameters outlined above, the department can require
the district to reallocate its transportation costs among categories. new text end Expenditures for
school bus driver salaries and fringe benefits may either be directly charged to the
appropriate transportation category or may be allocated among transportation categories
based on cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route. Expenditures
by private contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate transportation category.
Transportation services provided by contractor-owned school bus companies incorporated
under different names but owned by the same individual or group of individuals must be
treated as the same company for cost allocation purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2006.
new text end

Sec. 17.

Minnesota Statutes 2004, section 124D.095, subdivision 3, is amended to read:

Subd. 3.

Authorization; notice; limitations on enrollment.

(a) A student may
apply to an on-line learning provider to enroll in on-line learning. A student age 17 or
younger must have the written consent of a parent or guardian to apply. No school district
or charter school may prohibit a student from applying to enroll in on-line learning. An
on-line learning provider that accepts a student under this section must, within ten days,
notify the student and the enrolling district if the enrolling district is not the on-line
learning provider. The notice must report the student's course or program and hours
of instruction.

(b) An on-line learning student must notify the enrolling district at least deleted text begin 30 deleted text end new text begin 45 new text end
days before taking an on-line learning course or program deleted text begin if the enrolling district is not
providing the on-line learning deleted text end . An on-line learning provider must notify the commissioner
that it is delivering on-line learning and report the number of on-line learning students it is
accepting and the on-line learning courses and programs it is delivering.

(c) An on-line learning provider may limit enrollment if the provider's school board
or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications.

(d) An enrolling district may reduce an on-line learning student's regular classroom
instructional membership in proportion to the student's membership in on-line learning
courses.

Sec. 18.

Minnesota Statutes 2005 Supplement, section 124D.095, subdivision 4,
is amended to read:

Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. The enrolling district must
apply the same graduation requirements to all students, including online learning students,
and must continue to provide nonacademic services to online learning students. If a
student completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the teacher
contact time of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.

(b) An online learning student may:

(1) enroll during a single school year in a maximum of 12 semester-long courses or
their equivalent delivered by an online learning provider or the enrolling district;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.

deleted text begin (c) A student with a disability may enroll in an online learning course or program
if the student's IEP team determines that online learning is appropriate education for
the student.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end An online learning student has the same access to the computer hardware
and education software available in a school as all other students in the enrolling district.
An online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.

deleted text begin (e) deleted text end new text begin (d) new text end An enrolling district may offer online learning to its enrolled students.
Such online learning does not generate online learning funds under this section. An
enrolling district that offers online learning only to its enrolled students is not subject
to the reporting requirements or review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing assistance and
assessment of learning. The instruction may include curriculum developed by persons
other than a teacher with a Minnesota license.

deleted text begin (f) deleted text end new text begin (e) new text end An online learning provider that is not the enrolling district is subject to
the reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.

Sec. 19.

Minnesota Statutes 2004, section 124D.10, subdivision 16, is amended to read:

Subd. 16.

Transportation.

(a) deleted text begin By July 1 of each deleted text end deleted text begin year, a charter school deleted text end new text begin A charter
school after its first fiscal year of operation by March 1 of each fiscal year and a charter
school by July 1 of its first fiscal year of operation new text end must notify the district in which the
school is located and the Department of Education if it will provide deleted text begin transportation for
pupils enrolled in the school deleted text end new text begin its own transportation or use the transportation services of the
district in which it is located new text end for the fiscal year.

(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.

For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.

At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.

(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is
located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
pupil residing in the same district in which the charter school is located. Transportation
may be provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different
district. If the district provides the transportation, the scheduling of routes, manner and
method of transportation, control and discipline of the pupils, and any other matter relating
to the transportation of pupils under this paragraph shall be within the sole discretion,
control, and management of the district.

Sec. 20.

Minnesota Statutes 2004, section 124D.61, is amended to read:

124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.

A district deleted text begin which receives aid pursuant to section 124D.65 must comply with deleted text end new text begin that
enrolls one or more children of limited English proficiency must implement an educational
program that includes at a minimum new text end the following deleted text begin program deleted text end requirements:

(1) new text begin identification and reclassification criteria for children of limited English
proficiency and program entrance and exit criteria for children with limited English
proficiency must be documented by the district, applied uniformly to children of limited
English proficiency, and made available to parents and other stakeholders upon request;
new text end

new text begin (2) a written plan of services that describes programming by English proficiency
level made available to parents upon request. The plan must articulate the amount and
scope of service offered to children of limited English proficiency through an educational
program for children of limited English proficiency;
new text end

new text begin (3) professional development opportunities for ESL, bilingual education,
mainstream, and all staff working with children of limited English proficiency which are:
(i) coordinated with the district's professional development activities; (ii) related to the
needs of children of limited English proficiency; and (iii) ongoing;
new text end

new text begin (4) new text end to the extent possible, deleted text begin the district must deleted text end avoid isolating children of limited English
proficiency for a substantial part of the school day; and

deleted text begin (2) deleted text end new text begin (5) new text end in predominantly nonverbal subjects, such as art, music, and physical
education, new text begin permit new text end pupils of limited English proficiency deleted text begin shall be permitted deleted text end to participate
fully and on an equal basis with their contemporaries in public school classes provided
for these subjects. To the extent possible, the district must assure to pupils enrolled in a
program for limited English proficient students an equal and meaningful opportunity to
participate fully with other pupils in all extracurricular activities.

Sec. 21.

Minnesota Statutes 2004, section 169.01, subdivision 6, is amended to read:

Subd. 6.

School bus.

"School bus" means a motor vehicle used to transport pupils
to or from a school defined in section 120A.22, or to or from school-related activities, by
the school or a school district, or by someone under an agreement with the school or a
school district. A school bus does not include a motor vehicle transporting children to or
from school for which parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, a multifunction school activity bus
as defined by federal motor vehicle safety standards, or a vehicle otherwise qualifying
as a type III vehicle under paragraph (5), when the vehicle is properly registered and
insured and being driven by an employee or agent of a school district for nonscheduled
or nonregular transportation. A school bus may be type A, type B, type C, or type D, or
type III as follows:

(1) A "type A school bus" is a deleted text begin van deleted text end conversion deleted text begin or deleted text end bus constructed utilizing a cutaway
front section vehicle with a left-side driver's door. deleted text begin The entrance door is behind the front
wheels. deleted text end This definition includes two classifications: type A-I, with a gross vehicle weight
rating (GVWR) deleted text begin less than or equal to 10,000 deleted text end new text begin 14,500 new text end pounds new text begin or less new text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000 deleted text end new text begin 14,500 new text end pounds new text begin and less than or equal to 21,500 pounds new text end .

(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.

(3) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels. new text begin A "type C school bus" also
includes a cutaway truck chassis or truck chassis with cab with or without a left side door
and with a GVWR greater than 21,500 pounds.
new text end

(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.

(5) Type III school buses and type III Head Start buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum manufacturer's rated seating
capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of
10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value
specified by the manufacturer as the loaded weight of a single vehicle. A "type III school
bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type
A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a
seating capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 22.

Minnesota Statutes 2004, section 169.447, subdivision 2, is amended to read:

Subd. 2.

Driver seat belt.

deleted text begin New deleted text end School buses and Head Start buses manufactured
after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies
of the type described in section 169.685, subdivision 3. School bus drivers and Head
Start bus drivers must use these seat belts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 23.

Minnesota Statutes 2004, section 169.4501, subdivision 1, is amended to read:

Subdivision 1.

National standards adopted.

Except as provided in sections
169.4502 and 169.4503, the construction, design, equipment, and color of types A,
B, C, and D school buses used for the transportation of school children shall meet the
requirements of the "bus chassis standards" and "bus body standards" in the deleted text begin 2000 deleted text end new text begin 2005 new text end
edition of the "National School Transportation Specifications and Procedures" adopted
by the National deleted text begin Conference deleted text end new text begin Congress new text end on School Transportation. Except as provided
in section 169.4504, the construction, design, and equipment of types A, B, C, and D
school buses used for the transportation of students with disabilities also shall meet the
requirements of the "specially equipped school bus standards" in the deleted text begin 2000 deleted text end new text begin 2005 new text end National
School Transportation Specifications and Procedures. The "bus chassis standards," "bus
body standards," and "specially equipped school bus standards" sections of the deleted text begin 2000 deleted text end new text begin
2005 new text end edition of the "National School Transportation Specifications and Procedures" are
incorporated by reference in this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 24.

Minnesota Statutes 2004, section 169.4501, subdivision 2, is amended to read:

Subd. 2.

Applicability.

(a) The standards adopted in this section and sections
169.4502 and 169.4503, govern the construction, design, equipment, and color of school
buses used for the transportation of school children, when owned or leased and operated
by a school or privately owned or leased and operated under a contract with a school.
Each school, its officers and employees, and each person employed under the contract is
subject to these standards.

(b) The standards apply to school buses manufactured after deleted text begin October 31, 2004 deleted text end new text begin
December 31, 2006 new text end . Buses complying with the standards when manufactured need not
comply with standards established later except as specifically provided for by law.

(c) A school bus manufactured on or before deleted text begin October 31, 2004 deleted text end new text begin December 31,
2006 new text end , must conform to the Minnesota standards in effect on the date the vehicle was
manufactured except as specifically provided for in law.

(d) A new bus body may be remounted on a used chassis provided that the remounted
vehicle meets state and federal standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner of public safety before
the remounting is done. A used bus body may not be remounted on a new or used chassis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 25.

Minnesota Statutes 2004, section 169.4502, subdivision 5, is amended to read:

Subd. 5.

Electrical system; battery.

(a) The storage battery, as established by the
manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal
devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the
battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus
with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050
cold cranking amperes.

(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and
type C and D buses, the battery shall be temporarily mounted on the chassis frame. The
final location of the battery and the appropriate cable lengths in these buses must comply
with the SBMI design objectives booklet.

(c) All batteries shall be mounted according to chassis manufacturers'
recommendations.

(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least
550 cold cranking amperes may be installed in the engine compartment only if used in
combination with a generator or alternator of at least deleted text begin 120 deleted text end new text begin 130 new text end amperes.

(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be
equipped with a battery to provide a minimum of 550 cold cranking amperes only if used
in combination with an alternator of at least deleted text begin 80 deleted text end new text begin 130 new text end amperes. This paragraph does not
apply to those buses with wheelchair lifts or diesel engines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 26.

Minnesota Statutes 2004, section 169.4503, subdivision 20, is amended to
read:

Subd. 20.

Seat and crash barriers.

new text begin (a) new text end All restraining barriers and passenger seats
shall be covered with a material that has fire retardant or fire block characteristics.

new text begin (b) All seats must have a minimum cushion depth of 15 inches and a seat back
height of at least 20 inches above the seating reference point.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 27.

Minnesota Statutes 2004, section 171.321, subdivision 4, is amended to read:

Subd. 4.

Training.

(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.

(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:

(1) safely operate the type of school bus the driver will be driving;

(2) understand student behavior, including issues relating to students with
disabilities;

(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;

(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;

(5) handle emergency situations; and

(6) safely load and unload students.

(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school district new text begin , nonpublic school, or
private contractor new text end may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. new text begin After completion of bus driver
training competencies, a driver may receive at least eight hours of school bus in-service
training any year, as an alternative to being assessed for bus driver competencies. new text end The
employer shall keep the assessment new text begin and a record of the in-service training new text end for the current
period available for inspection by representatives of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 28.

Minnesota Statutes 2004, section 171.321, subdivision 5, is amended to read:

Subd. 5.

Annual evaluation and license verification.

(a) A school district,
nonpublic school, or private contractor shall provide in-service training deleted text begin annually deleted text end new text begin by June
30 of each year new text end to each school bus driver.

(b) A school district, nonpublic school, or private contractor shall deleted text begin annually deleted text end new text begin by June
30 of each year new text end verify the validity of the driver's license of each employee who regularly
transports students for the district in a type A school bus, a type B school bus, a type C
school bus, or type D school bus, or regularly transports students for the district in a type
III vehicle with the National Driver Register or with the Department of Public Safety.

new text begin (c) Members of a nonprofit bus drivers' trade association under private contract
with an independent school district shall not be charged a fee greater than the fee, if any,
imposed upon an independent school district for accessing an employee's driver's license
records from the Department of Public Safety in compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 29.

Minnesota Statutes 2004, section 299F.30, is amended to read:

299F.30 FIRE DRILL IN SCHOOL; DOORS AND EXITS.

Subdivision 1.

Duties of fire marshal.

new text begin Consistent with section 121A.035 and this
section, new text end it shall be the duty of the state fire marshal, deputies and assistants, to require
public and private schools and educational institutions to have deleted text begin at least nine deleted text end fire drills each
school year and to keep all doors and exits unlocked from the inside of the building during
school hours. new text begin The fire marshal must require private schools and educational institutions
not subject to section 121A.035 to have at least one fire drill each month during the school
year.
new text end

Subd. 2.

Fire drill.

Each superintendent, principal or other person in charge of a
public or private school, educational institution, children's home or orphanage housing 20
or more students or other persons, shall instruct and train such students or other persons to
quickly and expeditiously quit the premises in case of fire or other emergency by means of
drills or rapid dismissals deleted text begin at least once each month deleted text end while such school, institution, home or
orphanage is in operation. Records of such drills shall be posted so that such records are
available for review by the state fire marshal at all times and shall include the drill date
and the time required to evacuate the building.

Subd. 3.

School doors and exits.

new text begin Consistent with section 121A.035 and this
section, new text end each superintendent, principal or other person in charge of a public or private
school, educational institution, children's home or orphanage shall keep all doors and exits
of such school, institution, home or orphanage unlocked so that persons can leave by such
doors or exits at any time during the hours of normal operation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 30.

Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3, is
amended to read:

Subd. 3.

Persons mandated to report.

(a) new text begin Subject to paragraph (c), new text end a person who
knows or has reason to believe a child is being neglected or physically or sexually abused,
as defined in subdivision 2, or has been neglected or physically or sexually abused within
the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department, or
the county sheriff if the person is:

(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; or

(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under section 595.02,
subdivision 1, paragraph (c).

The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing or
investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.
The county sheriff and the head of every local welfare agency, agency responsible for
assessing or investigating reports, and police department shall each designate a person
within their agency, department, or office who is responsible for ensuring that the
notification duties of this paragraph and paragraph (b) are carried out. Nothing in this
subdivision shall be construed to require more than one report from any institution, facility,
school, or agency. new text begin If the agency receiving a report determines that it is not responsible for
assessing or investigating the report, the agency shall immediately notify the agency it
determines is responsible for assessing or investigating the report under this section.
new text end

(b) Any person may voluntarily report to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or the county
sheriff if the person knows, has reason to believe, or suspects a child is being or has been
neglected or subjected to physical or sexual abuse. The police department or the county
sheriff, upon receiving a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report, orally and in writing. The
local welfare agency or agency responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police department or the county
sheriff orally and in writing.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a deleted text begin licensed deleted text end facility new text begin or a school as defined under subdivision 3b, new text end shall report the
information to the agency responsible for licensing the facility under sections 144.50 to
144.58; 241.021; 245A.01 to 245A.16; or chapter 245B deleted text begin ; or a nonlicensed personal care
provider organization as defined in sections 256B.04, subdivision 16; and 256B.0625,
subdivision 19 deleted text end new text begin or to the agency responsible for assessing or investigating the report, if the
facility is not licensed new text end . A health or corrections agency receiving a report may request the
local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A
board or other entity whose licensees perform work within a school facility, upon receiving
a complaint of alleged maltreatment, shall provide information about the circumstances of
the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a licensing entity.

(d) Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is
not mandated to report shall, upon request to the local welfare agency, receive a concise
summary of the disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.

(e) For purposes of this subdivision, "immediately" means as soon as possible but in
no event longer than 24 hours.

Sec. 31.

Minnesota Statutes 2004, section 626.556, subdivision 3b, is amended to read:

Subd. 3b.

deleted text begin Agency deleted text end new text begin Department of Education new text end responsible for assessing or
investigating reports of maltreatment.

The Department of Education is the agency
responsible for assessing or investigating allegations of child maltreatment in schools
as defined in sections deleted text begin 120A.05, subdivisions 9, 11, and 13; deleted text end new text begin 120A.05, subdivisions 9,
11, 13, and 17, new text end and 124D.10 new text begin , unless the alleged maltreatment occurred in a program or
facility licensed by the commissioner of human services. "School" includes a school-age
care program, Head Start program, early childhood family education program, school
district-administered day treatment facility, or other program licensed or administered
by the commissioner of education that provides services for minors and is located in
or operated by a school new text end .

Sec. 32.

Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:

Subd. 3c.

deleted text begin Agency deleted text end new text begin Local welfare agency, Department of Human Services
or Department of Health new text end responsible for assessing or investigating reports of
maltreatment.

deleted text begin The following agencies are the administrative agencies responsible for
assessing or investigating reports of alleged child maltreatment in facilities made under
this section:
deleted text end

deleted text begin (1) deleted text end new text begin (a) new text end The county local welfare agency is the agency responsible for assessing or
investigating new text begin :
new text end

new text begin (1) new text end allegations of maltreatment in child foster care, family child care, and legally
unlicensed child care and in juvenile correctional facilities licensed under section 241.021
located in the local welfare agency's county; new text begin and
new text end

new text begin (2) other allegations of maltreatment that are not the responsibility of another agency
under this subdivision or subdivision 3b. new text end

deleted text begin (2) deleted text end new text begin (b) new text end The Department of Human Services is the agency responsible for assessing
or investigating allegations of maltreatment in facilities licensed under chapters 245A and
245B, except for child foster care and family child care deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (c) new text end The Department of Health is the agency responsible for assessing or
investigating allegations of child maltreatment in facilities licensed under sections 144.50
to 144.58, and in unlicensed home health care.

Sec. 33.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
13, is amended to read:

Subd. 13. Examination fees; teacher training and support programs. (a) For
students' advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1:

	$	4,500,000	.....	2006
	$	4,500,000	.....	2007

(b) The advanced placement program shall receive 75 percent of the appropriation
each year and the international baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the Advanced
Placement Advisory Council and IBMN, respectively, shall determine the amounts of
the expenditures each year for examination fees and training and support programs for
each program.

(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
$500,000 each year is for teachers to attend subject matter summer training programs
and follow-up support workshops approved by the advanced placement or international
baccalaureate programs. deleted text begin The amount of the subsidy for each teacher attending an
deleted text end deleted text begin advanced placement or international baccalaureate summer training program or workshop
deleted text end deleted text begin shall be the same. The commissioner shall determine the payment process and the amount
deleted text end deleted text begin of the subsidy. deleted text end new text begin Teachers shall apply for teacher training scholarships to prepare for
teaching in the advanced placement or international baccalaureate program. Any reserved
funding not expended for teacher training may be used for exam fees and other support
programs for each program. new text end

(d) The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent
of available appropriations shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or both.

Any balance in the first year does not cancel but is available in the second year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34. new text begin ADVISORY TASK FORCE ON SCHOOL AND STAFF
EMERGENCY/ALL HAZARD PREPAREDNESS.
new text end

new text begin (a) An advisory task force on school and staff emergency/all hazard preparedness is
established to consider and recommend to the legislature proposals for strengthening K-12
crisis management and school safety efforts including, at least, whether or not to:
new text end

new text begin (1) develop specific K-12 teacher and school administrator competencies related to
emergency/all hazard preparedness;
new text end

new text begin (2) provide emergency/all hazard preparedness training to currently licensed K-12
teachers and school administrators;
new text end

new text begin (3) incorporate emergency/all hazard preparedness competencies into existing
teacher and school administrator preparation curriculum;
new text end

new text begin (4) identify key emergency/all hazard preparedness competencies appropriate to
teacher and school administrator preparation curriculum and ongoing teacher and school
administrator training; and
new text end

new text begin (5) expect federal funds to supplement state emergency/all hazard preparedness
initiatives.
new text end

new text begin (b) The commissioner of education shall appoint an advisory task force on school
and staff emergency/all hazard preparedness that is composed of a representative from
each of the following entities: the state Board of Teaching; the state Board of School
Administrators; the state fire marshal; law enforcement agencies; emergency responders;
school principals; school counselors; other school employees; the Minnesota Association
of School Administrators; the Minnesota School Boards Association; Education
Minnesota; the Minnesota Department of Education; the Minnesota Department of
Health; the Minnesota Department of Public Safety; and others recommended by task
force members. Task force members' terms and other task force matters are subject to
Minnesota Statutes, section 15.059. The task force must submit by February 15, 2007, to
the education policy and finance committees of the legislature a written report that includes
recommendations on strengthening K-12 crisis management and school safety efforts.
new text end

new text begin (c) Upon request, the commissioner of education must provide the task force on
strengthening K-12 crisis management and school safety efforts with technical, fiscal,
and other support services.
new text end

new text begin (d) The task force expires February 16, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35. new text begin CHARACTER DEVELOPMENT EDUCATION REVENUE; PILOT
PROGRAM.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Pilot program created. new text end

new text begin A pilot program is created to allow school
districts to receive character development education revenue to purchase comprehensive
curriculum for the purposes of Minnesota Statutes, section 120B.232. Character
development education revenue for school districts equals $30 times the district's adjusted
marginal cost pupil units.
new text end

new text begin Subd. 2. new text end

new text begin Approved provider list. new text end

new text begin The commissioner of education shall maintain
a character development education curriculum approved provider list. The character
development education curriculum of approved providers shall be research based and
evaluated by an independent party. Approved character development education curriculum
must include:
new text end

new text begin (1) age appropriate character development for the classroom in elementary or
secondary grades;
new text end

new text begin (2) teacher training workshops and in-service training;
new text end

new text begin (3) midyear consulting between the school district and the provider; and
new text end

new text begin (4) an assessment program.
new text end

new text begin Subd. 3. new text end

new text begin Application and selection process. new text end

new text begin A school district may submit to
the commissioner an application for funding in the form and manner specified by the
commissioner. The commissioner shall approve applications that propose to use an
approved provider and that agree to use the program as recommended by the provider.
The commissioner must approve or disapprove an application within 30 days of receipt on
a first-come, first-served basis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 36. new text begin 2006 SCHOOL ACCOUNTABILITY REPORT.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120B.36, for 2006 reporting only, the
Department of Education may delay the release to the public and the posting of the 2006
school performance report cards and adequate yearly progress data on its public Web
site to no later than November 30, 2006.
new text end

Sec. 37. new text begin ADVISORY TASK FORCE ON OPTIONS FOR ACCELERATED K-12
SCIENCE AND MATHEMATICS PROGRAMS THROUGHOUT MINNESOTA.
new text end

new text begin (a) An advisory task force on options for accelerated K-12 science and mathematics
programs throughout Minnesota is established to consider and recommend to the
legislature alternatives for delivering accelerated science and mathematics programs
to eligible students throughout Minnesota. Recommended programs must provide
accelerated science and mathematics instruction to eligible students in grades 6 through
12 and be cost effective and efficiently implemented and operated. Other recommended
programs may offer accelerated science and mathematics instruction to other eligible
elementary grade students and provide out-of-school and summer school K-12 science
and mathematics instruction throughout the state.
new text end

new text begin (b) The advisory task force at least must:
new text end

new text begin (1) evaluate and compare at least five alternatives for delivering accelerated science
and mathematics programs to Minnesota students, which may include online learning,
satellite science and mathematics centers, a consortium of available accelerated science
and mathematics or accelerated education programs, and residential and nonresidential
accelerated science and mathematics academies that may be patterned after the Perpich
Center for Arts Education under Minnesota Statutes, chapter 129C, among other
alternatives;
new text end

new text begin (2) identify and evaluate possible members for a science, mathematics, engineering,
and technology leadership consortium composed of representatives of corporations,
organizations, educational institutions, and research facilities to help implement
accelerated K-12 science and mathematics programs in Minnesota;
new text end

new text begin (3) evaluate and compare at least three alternatives for preparing and assisting
educational leaders who are literate in science and mathematics to help implement
accelerated K-12 science and mathematics programs in Minnesota, which may include
gifted education and accelerated science and mathematics teacher training programs and
residential and nonresidential accelerated science and mathematics academies that also
provide professional development and educational outreach programs; and
new text end

new text begin (4) identify and evaluate postsecondary career and technical education programs
offering or requiring accelerated science and mathematics instruction.
new text end

new text begin (c) The commissioner of education shall appoint an advisory task force on options
for accelerated K-12 science and mathematics programs throughout Minnesota that is
composed of the following representatives: a gifted education coordinator, an educator
holding a gifted education certificate or an instructor in a graduate level gifted education
program; a currently licensed or retired high school physical science teacher; a currently
licensed or retired high school mathematics teacher; a faculty member providing
instruction under the Minnesota postsecondary enrollment options program or an educator
providing instruction under the college in the schools program; a faculty member or
educator providing instruction in the Minnesota talented youth mathematics program; a
University of Minnesota mathematics or engineering professor; a University of Minnesota
physical science professor; a manager or director in a high technology field, corporation,
organization, or facility; a manager or director in a medical field or profession; a manager
or director in a research-based field, corporation, organization, or facility; one parent of a
high school student gifted in mathematics or science from each congressional district; a
physical science teacher and a biology teacher, one of whom is licensed to teach middle
level students and one of whom is licensed to teach high school level students; a high
school career and technical instructor; a faculty member in a postsecondary institution
offering technical two-year degrees who provides career and technical instruction; a
manager or director in a mathematics or science industry who employs persons with
associate degrees in a technical field; a manager or director in the biosciences industry;
and two at-large members. Notwithstanding any other law to the contrary, the task force
may conduct meetings of its members by telephone or other electronic means where all
members can hear one another and all the discussion, at least one member is physically
present at the regular meeting location, and interested members of the public can hear all
the discussion. Task force members' terms and other task force matters are subject to
Minnesota Statutes, section 15.059. The task force must submit by January 30, 2007, a
written report and presentation to the Education Policy and Finance committees of the
legislature that include recommendations on alternatives for delivering accelerated science
and mathematics programs to eligible students throughout Minnesota.
new text end

new text begin (d) Upon request, the commissioner of education must provide the task force with
technical, fiscal, and other support services.
new text end

new text begin (e) The task force expires February 1, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 38. new text begin ADVISORY TASK FORCE ON MINNESOTA AMERICAN INDIAN
TRIBES AND COMMUNITIES AND K-12 STANDARDS-BASED REFORM.
new text end

new text begin (a) An advisory task force on Minnesota American Indian tribes and communities
and K-12 standards-based reform is established to examine the impact of state and
federal standards-based reform on Minnesota's K-12 students, including American
Indian students, and to recommend to the legislature changes to the state's performance
standards, content requirements, assessments measures, and teacher preparation programs
to most effectively meet the education needs of all students, including American Indian
students, enrolled in Minnesota schools. The task force, in consultation with American
Indian educators and parents, and others who advocate for American Indian children, at
least must determine if (1) state education standards and assessments are appropriate
for American Indian students; (2) American Indian students are fairly compared; (3)
American Indian students receive the assistance they need to achieve the state standards;
and (4) schools receive financial and technical assistance sufficient to meet the education
needs of American Indian students.
new text end

new text begin (b) The commissioner of education shall appoint an advisory task force on
Minnesota American Indian tribes and communities and K-12 standards-based reform
that is composed of the following representatives: education department staff experienced
in working with American Indian students and programs; Minnesota American Indian
tribes and communities; Minnesota School Boards Association; school administrators;
Education Minnesota; the state Board of Teaching; a minority member and majority
member both from the Minnesota House of Representatives and from the Minnesota
Senate; the Minnesota Council on Indian Affairs; postsecondary faculty who serve as
instructors in teacher preparation programs; local community service providers who work
with Minnesota American Indian tribes and communities; and other representatives
recommended by task force members. Task force members' terms and other task
force matters are subject to Minnesota Statutes, section 15.059, subject to the limits of
available appropriations. The task force must submit to the legislative committees having
jurisdiction over education policy and finance a preliminary written report by February 15,
2007, and a final report by February 15, 2008, that includes any recommended changes to
the state's performance standards, content requirements, assessment measures, and teacher
preparation programs to most effectively meet the educational needs of all students,
including American Indian students, enrolled in Minnesota schools.
new text end

new text begin (c) Upon request, the commissioner of education must provide the task force with
technical, fiscal, and other support.
new text end

new text begin (d) The task force expires on February 16, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39. new text begin REPORT ON OUT-OF-SCHOOL CARE FOR CHILDREN BETWEEN
THE AGES OF TEN TO 18.
new text end

new text begin The commissioner of education, in consultation with the commissioners of human
services and public safety, shall provide a report to the legislature by January 20, 2007,
which surveys and analyzes out-of-school time opportunities for children ages ten to 18.
The commissioner must gather representative information from urban, suburban, and
rural areas regarding where children go after their school day is over and during school
breaks. Further, the commissioner shall communicate with members of the community,
parents of children ages ten to 18, child care providers, middle school personnel, and other
interested individuals to gather information and develop positive, supervised out-of-school
alternatives for children ages ten to 18, in order to reduce the incidence of sexual activity,
underage drinking and smoking, use of illegal substances, and other criminal activity.
new text end

Sec. 40. new text begin OPPORTUNITIES FOR YOUTH DURING OUT-OF-SCHOOL TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A competitive statewide after-school enrichment
grant program is established to provide implementation grants to community or nonprofit
organizations, to political subdivisions, or to school-based programs. The commissioner
of education shall develop criteria for after-school enrichment programs.
new text end

new text begin Subd. 2. new text end

new text begin Program outcomes. new text end

new text begin The expected outcomes of the after-school
enrichment programs are to:
new text end

new text begin (1) increase the number of children participating in adult-supervised programs
in nonschool hours;
new text end

new text begin (2) increase the number of youth engaged in community services and other activities
designed to support character improvement, strengthen families, and instill community
values;
new text end

new text begin (3) increase skills in technology, the arts, sports, and other activities;
new text end

new text begin (4) reduce the amount of juvenile crime;
new text end

new text begin (5) increase and support the academic achievement and character development of
adolescent parents;
new text end

new text begin (6) increase school attendance and reduce the number of school suspensions; and
new text end

new text begin (7) support academic achievement, including the areas of reading and math.
new text end

new text begin Subd. 3. new text end

new text begin Plan. new text end

new text begin An applicant shall develop a plan for an after-school enrichment
program for youth. The plan must include:
new text end

new text begin (1) collaboration with and leverage of existing community resources that have
demonstrated effectiveness;
new text end

new text begin (2) outreach to children and youth;
new text end

new text begin (3) involvement of local governments, including park and recreation boards or
schools, unless no government agency is appropriate; and
new text end

new text begin (4) community control over the design of the enrichment program and identification
of the sources of nonpublic funding.
new text end

new text begin Subd. 4. new text end

new text begin Plan approval; grants. new text end

new text begin An applicant shall submit a plan developed under
subdivision 3 to the commissioner for approval. The commissioner shall award a grant for
the implementation of an approved plan.
new text end

Sec. 41. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Character development education revenue. new text end

new text begin For the character
development education revenue pilot program:
new text end

new text begin new text end

new text begin $ new text end

new text begin ...,...,... new text end

new text begin ..... new text end

new text begin 2007 new text end

new text begin Subd. 3. new text end

new text begin After-school enrichment grants. new text end

new text begin For the after-school enrichment grant
program:
new text end

new text begin $ new text end

new text begin ...,...,... new text end

new text begin ..... new text end

new text begin 2007 new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, section 121A.23, new text end new text begin is repealed.
new text end

new text begin (b) Minnesota Statutes 2004, sections 169.4502, subdivision 15; and 169.4503,
subdivisions 17, 18, and 26, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) of this section is effective January 1, 2007.
new text end

ARTICLE 2

EDUCATION FUNDING

Section 1.

new text begin [120B.132] RAISED ACADEMIC ACHIEVEMENT; ADVANCED
PLACEMENT, INTERNATIONAL BACCALAUREATE, AND CONCURRENT
ENROLLMENT PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; eligibility. new text end

new text begin A program is established to raise K-12
academic achievement through increased student participation in advanced placement,
international baccalaureate, and concurrent enrollment programs, consistent with sections
120B.13 and 124D.04. Schools and charter schools eligible to participate under this
section must:
new text end

new text begin (1) have a three-year plan approved by the local school board to establish a new
international baccalaureate program leading to international baccalaureate authorization,
or expand an existing program that leads to international baccalaureate authorization, or
expand an existing authorized international baccalaureate program; or
new text end

new text begin (2) have a three-year plan approved by the local school board to create a new or
expand an existing program to implement the college board advanced placement courses
and exams, preadvanced placement initiative, or concurrent enrollment programs; and
new text end

new text begin (3) have entered into an agreement to provide courses under section 124D.09,
subdivision 10; and
new text end

new text begin (4) propose to further raise students' academic achievement by:
new text end

new text begin (i) increasing the availability of and all students' access to advanced placement,
international baccalaureate, or concurrent enrollment courses or programs;
new text end

new text begin (ii) expanding the breadth of advanced placement, international baccalaureate, or
concurrent enrollment courses or programs that are available to students;
new text end

new text begin (iii) increasing the number and the diversity of the students who participate in
advanced placement, international baccalaureate, or concurrent enrollment courses or
programs and succeed;
new text end

new text begin (iv) providing low-income and other disadvantaged students with increased access
to advanced placement, international baccalaureate, or concurrent enrollment courses
or programs; or
new text end

new text begin (v) increasing the number of high school students, including low-income and other
disadvantaged students, who receive college credit by successfully completing advanced
placement, international baccalaureate, or concurrent enrollment courses or programs and
achieving satisfactory grades or scores on related exams.
new text end

new text begin Subd. 2. new text end

new text begin Application and review process; funding priority. new text end

new text begin (a) Charter schools
and school districts in which eligible schools under subdivision 1 are located may apply to
the commissioner, in the form and manner the commissioner determines, for competitive
funding to further raise students' academic achievement. The application must detail the
specific efforts the applicant intends to undertake in further raising students' academic
achievement consistent with subdivision 1, and a proposed budget detailing the district or
charter school's current and proposed expenditures for advanced placement, preadvanced
placement, international baccalaureate, and concurrent enrollment courses and programs.
The proposed budget must demonstrate that the applicant's efforts will supplement but not
supplant any expenditures for advanced placement, preadvanced placement, international
baccalaureate, and concurrent enrollment courses and programs the applicant currently
makes available to students. Expenditures for administration must not exceed five percent
of the proposed budget. The commissioner may require an applicant to provide additional
information.
new text end

new text begin (b) When reviewing applications, the commissioner must determine whether
the applicant satisfied all the requirements in this subdivision and subdivision 1.
The commissioner may give funding priority to an otherwise qualified applicant that
demonstrates:
new text end

new text begin (1) a focus on developing or expanding advanced placement, international
baccalaureate, or concurrent enrollment courses or programs or increasing students'
participation in, access to, or success with the courses or programs, including the
participation, access, or success of low-income and other disadvantaged students;
new text end

new text begin (2) a compelling need for access to advanced placement, international baccalaureate,
or concurrent enrollment courses or programs;
new text end

new text begin (3) an effective ability to actively involve local business and community
organizations in student activities that are integral to advanced placement, international
baccalaureate, or concurrent enrollment courses or programs;
new text end

new text begin (4) access to additional public or nonpublic funds or in-kind contributions that are
available for advanced placement, international baccalaureate, or concurrent enrollment
courses or programs; or
new text end

new text begin (5) an intent to implement activities that target low-income and other disadvantaged
students.
new text end

new text begin Subd. 3. new text end

new text begin Funding; permissible funding uses. new text end

new text begin (a) The commissioner shall award
grants to applicant school districts and charter schools that meet the requirements of
subdivisions 1 and 2. The commissioner must award grants on an equitable geographical
basis to the extent feasible and consistent with this section. Grant awards must not exceed
the lesser of: (1) $85 times the number of pupils enrolled at the participating sites on
October 1 of the previous fiscal year, or (2) the approved supplemental expenditures
based on the budget submitted under subdivision 2. For charter schools in their first
year of operation, the maximum grant award must be calculated using the number of
pupils enrolled on October 1 of the current fiscal year. The commissioner may adjust
the maximum grant award computed using prior year data for changes in enrollment
attributable to school closings, school openings, grade level reconfigurations, or school
district reorganizations between the prior fiscal year and the current fiscal year.
new text end

new text begin (b) School districts and charter schools that submit an application and receive
funding under this section must use the funding, consistent with the application, to:
new text end

new text begin (1) provide teacher training and instruction to more effectively serve students,
including low-income and other disadvantaged students, who participate in advanced
placement, international baccalaureate, or concurrent enrollment courses or programs;
new text end

new text begin (2) further develop advanced placement, international baccalaureate, or concurrent
enrollment courses or programs;
new text end

new text begin (3) improve the transition between grade levels to better prepare students, including
low-income and other disadvantaged students, for succeeding in advanced placement,
international baccalaureate, or concurrent enrollment courses or programs;
new text end

new text begin (4) purchase books and supplies;
new text end

new text begin (5) pay course or program fees;
new text end

new text begin (6) increase students participation in and success with advanced placement,
international baccalaureate, or concurrent enrollment courses or programs;
new text end

new text begin (7) expand students' access to advanced placement, international baccalaureate, or
concurrent enrollment courses or programs through online learning;
new text end

new text begin (8) hire appropriately licensed personnel to teach additional advanced placement,
international baccalaureate, or concurrent enrollment courses or programs; or
new text end

new text begin (9) engage in other activity directly related to expanding students' access to,
participation in, and success with advanced placement, international baccalaureate,
or concurrent enrollment courses or programs, including low-income and other
disadvantaged students.
new text end

new text begin Subd. 4. new text end

new text begin Annual reports. new text end

new text begin (a) Each school district and charter school that receives
a grant under this section annually must collect demographic and other student data to
demonstrate and measure the extent to which the district or charter school raised students'
academic achievement under this program and must report the data to the commissioner
in the form and manner the commissioner determines. The commissioner annually, by
February 15, must make summary data about this program available to the education
policy and finance committees of the legislature.
new text end

new text begin (b) Each school district and charter school that receives a grant under this section
annually must report to the commissioner, consistent with the uniform financial accounting
and reporting standards, its actual expenditures for advanced placement, preadvanced
placement, international baccalaureate, and concurrent enrollment courses and programs.
The report must demonstrate that the school district or charter school has maintained its
effort from other sources for advanced placement, preadvanced placement, international
baccalaureate, and concurrent enrollment courses and programs compared with the
previous fiscal year, and the district or charter school has expended all grant funds,
consistent with its approved budget.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2006-2007 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2004, section 122A.18, subdivision 2, is amended to read:

Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.

(b) The board must require a person to successfully complete an examination of
skills in reading, writing, and mathematics before being granted an initial teaching license
to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special
education programs. The board must require colleges and universities offering a board
approved teacher preparation program to provide remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve a
qualifying score on the skills examination, including those for whom English is a second
language. The colleges and universities must provide assistance in the specific academic
areas of deficiency in which the person did not achieve a qualifying score. School
districts must provide similar, appropriate, and timely remedial assistance that includes a
formal diagnostic component and mentoring to those persons employed by the district
who completed their teacher education program outside the state of Minnesota, received
a one-year license to teach in Minnesota and did not achieve a qualifying score on the
skills examination, including those persons for whom English is a second language. The
Board of Teaching shall report annually to the education committees of the legislature
on the total number of teacher candidates during the most recent school year taking the
skills examination, the number who achieve a qualifying score on the examination, the
number who do not achieve a qualifying score on the examination, the distribution of all
candidates' scores, the number of candidates who have taken the examination at least once
before, and the number of candidates who have taken the examination at least once before
and achieve a qualifying score.

(c) A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:

(1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and

(2) attempting to successfully complete the skills examination during the period
of each one-year license.

(d) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing the skills examination in reading, writing, and mathematics.

(e) All colleges and universities approved by the board of teaching to prepare
persons for teacher licensure must include in their teacher preparation programs a common
core of teaching knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the standards developed by the
interstate new teacher assessment and support consortium in its 1992 "model standards
for beginning teacher licensing and development deleted text begin . deleted text end new text begin , new text end " new text begin and must include technology and
information literacy standards that are consistent with recommendations from media
specialists and the department's educator licensing and teacher quality division. The board
must develop and implement a system for reviewing on a seven-year cycle all standards of
effective practice for teachers beginning in the 2007-2008 school year. new text end Amendments to
standards adopted under this paragraph are covered by chapter 14. The board of teaching
shall report annually to the education committees of the legislature on the performance
of teacher candidates on common core assessments of knowledge and skills under this
paragraph during the most recent school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 122A.31, subdivision 1, is amended to read:

Subdivision 1.

Requirements for American sign language/English interpreters.

(a) new text begin Except as provided under subdivision 1a and new text end in addition to any other requirements
that a school district establishes, any person employed to provide American sign
language/English interpreting or sign transliterating services on a full-time or part-time
basis for a school district after July 1, 2000, must:

(1) hold current interpreter and transliterator certificates awarded by the Registry
of Interpreters for the Deaf (RID), or the general level interpreter proficiency certificate
awarded by the National Association of the Deaf (NAD), or a comparable state
certification from the commissioner of education; and

(2) satisfactorily complete an interpreter/transliterator training program affiliated
with an accredited educational institution.

(b) New graduates of an interpreter/transliterator program affiliated with an
accredited education institution shall be granted a two-year provisional certificate by
the commissioner. During the two-year provisional period, the interpreter/transliterator
must develop and implement an education plan in collaboration with a mentor under
paragraph (c).

(c) A mentor of a provisionally certified interpreter/transliterator must be an
interpreter/transliterator who has either NAD level IV or V certification or RID
certified interpreter and certified transliterator certification and have at least three
years interpreting/transliterating experience in any educational setting. The mentor, in
collaboration with the provisionally certified interpreter/transliterator, shall develop and
implement an education plan designed to meet the requirements of paragraph (a), clause
(1), and include a weekly on-site mentoring process.

(d) Consistent with the requirements of this paragraph, a person holding a
provisional certificate may apply to the commissioner for one time-limited extension. The
commissioner, in consultation with the Commission Serving Deaf and Hard-of-Hearing
People, must grant the person a time-limited extension of the provisional certificate based
on the following documentation:

(1) letters of support from the person's mentor, a parent of a pupil the person serves,
the special education director of the district in which the person is employed, and a
representative from the regional service center of the deaf and hard-of-hearing;

(2) records of the person's formal education, training, experience, and progress on
the person's education plan; and

(3) an explanation of why the extension is needed.

As a condition of receiving the extension, the person must comply with a plan
and the accompanying time line for meeting the requirements of this subdivision. A
committee composed of the director of the Minnesota Resource Center Serving Deaf and
Hard-of-Hearing, or the director's designee, a representative of the Minnesota Association
of Deaf Citizens, a representative of the Minnesota Registry of Interpreters of the Deaf,
and other appropriate persons selected by the commissioner must develop the plan and
time line for the person receiving the extension.

(e) A school district may employ deleted text begin only deleted text end an interpreter/transliterator who has been
certified under paragraph (a) or (b), or for whom a time-limited extension has been
granted under paragraph (d) new text begin , or a person qualified as an interpreter/transliterator under
subdivision 1a new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2004, section 122A.31, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Qualified deaf and hard-of-hearing interpreters/transliterators. new text end

new text begin In
addition to employing a qualified interpreter/transliterator under subdivision 1, a school
district or charter school also may employ as an interpreter/transliterator a person who is
deaf or hard of hearing and holds a current reverse skills certificate (RSC) or a certified
deaf interpreter (CDI) certificate awarded by the Registry of Interpreters for the Deaf
(RID). The qualified deaf or hard-of-hearing person must be able to interpret between
American sign language and English-based sign language or transliterate between spoken
English and a signed code for English. The district or charter school may employ a
qualified person under this subdivision for a broad range of interpreting or transliterating
assignments.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 5.

new text begin [122A.416] ALTERNATIVE TEACHER COMPENSATION REVENUE
FOR PERPICH CENTER FOR ARTS EDUCATION AND MULTIDISTRICT
INTEGRATION COLLABORATIVES.
new text end

new text begin Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10,
multidistrict integration collaboratives and the Perpich Center for Arts Education are
eligible to receive alternative teacher compensation revenue as if they were intermediate
school districts. To qualify for alternative teacher compensation revenue, a multidistrict
integration collaborative or the Perpich Center for Arts Education must meet all of the
requirements of sections 122A.413, 122A.414, and 122A.415 that apply to intermediate
school districts, must report its enrollment as of October 1 of each year to the department,
and must annually report its expenditures for the alternative teacher professional pay
system consistent with the uniform financial accounting and reporting standards to the
department by November 30 of each year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2007.
new text end

Sec. 6.

Minnesota Statutes 2004, section 123B.77, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin School district consolidated financial statement. new text end

new text begin The commissioner,
in consultation with the advisory committee on financial management, accounting, and
reporting, shall develop and maintain a school district consolidated financial statement
format that converts uniform financial accounting and reporting standards data under
subdivision 1 into a more understandable format.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2004, section 123B.77, subdivision 3, is amended to read:

Subd. 3.

Statement for comparison and correction.

new text begin (a) new text end By November 30 of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data
shall be submitted to the commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.

new text begin (b) By January 15 of the calendar year following the submission of the unaudited
financial data, the commissioner shall convert the audited financial data required by this
subdivision into the consolidated financial statement format required under subdivision 1a
and publish the information on the department's Web site.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for financial statements prepared in
2006 and later.
new text end

Sec. 8.

new text begin [124D.935] HIGH SCHOOL REDESIGN GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; eligibility. new text end

new text begin A ten-year grant program is established
to improve student achievement in, improve teaching and learning of, and provide
expanded access to science, technology, engineering, and mathematics in a high school
through innovative strategies that better prepare students to succeed at postsecondary
education or complex work. School districts, charter schools, intermediate districts,
groups of districts that cooperate for a particular purpose, and other public educational
institutions interested in participating in this grant program must:
new text end

new text begin (1) design new or improve and adapt existing courses, programs, or a series of
aligned learning opportunities in science, technology, engineering, and mathematics to
incorporate algebra I in grade 8 and algebra II in high school and to integrate algebra II
into career and technical education programs where appropriate;
new text end

new text begin (2) use applied learning strategies to improve the quality of and access to science,
technology, engineering, and mathematics courses, curricula, and laboratories for all
students, with strategies to aggressively increase the number of low-income and other
educationally at-risk students enrolling in these courses;
new text end

new text begin (3) improve science, technology, engineering, and mathematics instruction for
students in underserved rural or urban areas or economically disadvantaged areas and for
other students who are educationally at-risk;
new text end

new text begin (4) develop innovative ways to integrate technology into teaching and learning using
modern computers, networking, high quality educational software, multimedia across
curriculum, and affordable Internet connections;
new text end

new text begin (5) advance the use of new technology, assistive technology, and media and materials
effective in educating youth with disabilities;
new text end

new text begin (6) improve the content, interdisciplinary, and pedagogical knowledge of teachers,
administrators, and other educators who play a significant role in providing students with
challenging science, technology, engineering, and mathematics education, and focus on
teacher professional development;
new text end

new text begin (7) use the ACT explore and plan system in grades 8 and 10 or other appropriate
education and career planning resources to identify the academic strengths and remedial
needs of individual students and provide individual students with education and career
planning information sufficient to select an appropriate planned high school course
sequence and make a successful transition to postsecondary education or advanced work;
new text end

new text begin (8) enable teachers to individualize student instruction and allow students to
experiment, acquire skills, and apply content knowledge in science, technology,
engineering, and mathematics;
new text end

new text begin (9) sustain educational improvements in science, technology, engineering, and
mathematics by providing expert and peer advice and identifying, documenting, and
disseminating best practices and lessons to teachers and administrators statewide; and
new text end

new text begin (10) develop partnerships with postsecondary institutions, business organizations,
professional organizations, and community-based organizations interested in science,
technology, engineering, or mathematics.
new text end

new text begin Subd. 2. new text end

new text begin Application and review process; funding priority. new text end

new text begin (a) School districts,
charter schools, intermediate districts, groups of districts that cooperate for a particular
purpose, and other public educational institutions interested in participating in this grant
program may apply to the commissioner, in the form and manner the commissioner
determines, for competitive funding to improve student achievement in, improve teaching
and learning of, and provide expanded access to science, technology, engineering, and
mathematics in a high school, consistent with subdivision 1. The application must detail
the specific efforts the applicant intends to undertake to successfully implement innovative
strategies that affect the learning environment, academic content, and educational practices
in high school, and must include a proposed budget detailing the applicant's current and
proposed expenditures for these purposes. The proposed budget must demonstrate that the
applicant's efforts will supplement but not supplant expenditures the applicant currently
makes for science, technology, engineering, and mathematics teaching and learning.
Administrative expenditures must not exceed five percent of the proposed budget. The
commissioner may require an applicant to provide additional information.
new text end

new text begin (b) When reviewing applications, the commissioner must determine whether
the applicant satisfied all the requirements in this subdivision and subdivision 1. The
commissioner may give funding priority to an otherwise qualified candidate that:
new text end

new text begin (1) combines day and evening programs;
new text end

new text begin (2) restructures grade 12 to allow students to complete out-of-school learning
experiences aligned with their in-school program;
new text end

new text begin (3) uses online learning options;
new text end

new text begin (4) embeds higher level science, technology, engineering, and mathematics into
redesigned career and technical programs;
new text end

new text begin (5) enables students to receive both high school and college credit for successfully
completing science, technology, engineering, and mathematics programs and meeting
postsecondary institution placement requirements;
new text end

new text begin (6) targets low-income and other educationally at-risk students to improve their
participation and performance in science, technology, engineering, and mathematics
courses and careers; or
new text end

new text begin (7) strongly supports all students in exploring and preparing for careers in science,
technology, engineering, or mathematics.
new text end

new text begin The commissioner shall give funding priority to an otherwise qualified recipient
that received a grant for the previous fiscal year if the annual reports the recipient
submitted under subdivision 4 demonstrate that the recipient continues to improve student
achievement in and teaching and learning of and provide expanded access to science,
technology, engineering, and mathematics in a high school.
new text end

new text begin Subd. 3. new text end

new text begin Grants; permissible uses. new text end

new text begin (a) The commissioner may award grants to
applicants meeting the requirements of subdivisions 1 and 2. The commissioner must
award grants on an equitable geographical basis to the extent feasible and consistent
with this section.
new text end

new text begin (b) Each grant recipient must expend all grant funds it receives consistent with its
approved application and budget and this section.
new text end

new text begin Subd. 4. new text end

new text begin Annual reports. new text end

new text begin (a) Each recipient of a grant under this section must
annually collect student and teacher data to demonstrate and measure the extent to which
the grant recipient improves student achievement in, improves teaching and learning of,
and provides expanded access to science, technology, engineering, and mathematics in
a high school, and must report the data to the commissioner in the form and manner
the commissioner determines. The commissioner must, annually by February 15, make
summary data about this program available to the committees with jurisdiction over
education policy and finance in the house of representatives and senate.
new text end

new text begin (b) Each grant recipient under this section must annually report to the commissioner,
consistent with the Uniform Financial Accounting and Reporting System, its actual
expenditures for the efforts it undertakes under this section. The report must demonstrate
that the grant recipient has maintained its effort from other sources for science, technology,
engineering, and mathematics teaching and learning efforts compared with the previous
fiscal year, and that the grant recipient has expended all grant funds it received under this
section consistent with its approved application and budget. Any unexpended grant funds
remaining at the end of a fiscal year must be reserved and expended consistent with the
grant recipient's approved budget for the subsequent fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2006-2007 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2004, section 125A.02, subdivision 1, is amended to read:

Subdivision 1.

Child with a disability.

Every child who has a hearing impairment,
new text begin blindness, new text end visual disability, speech or language impairment, physical handicap, other
health impairment, mental handicap, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and
needs special instruction and services, as determined by the standards of the commissioner,
is a child with a disability. In addition, every child under age three, and at local district
discretion from age three to age seven, who needs special instruction and services, as
determined by the standards of the commissioner, because the child has a substantial delay
or has an identifiable physical or mental condition known to hinder normal development is
a child with a disability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2004, section 125A.75, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Litigation costs; annual report. new text end

new text begin (a) By November 30 of each year,
a school district must annually report the district's special education litigation costs,
including attorney fees and costs of due process hearings, to the commissioner of
education, consistent with the Uniform Financial Accounting and Reporting Standards.
new text end

new text begin (b) By January 15 of each year, the commissioner shall report school district special
education litigation costs to the house of representatives and the senate committees having
jurisdiction over kindergarten through grade 12 education finance.
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 126C.17, subdivision 9, is
amended to read:

Subd. 9.

Referendum revenue.

(a) The revenue authorized by section 126C.10,
subdivision 1, may be increased in the amount approved by the voters of the district at a
referendum called for the purpose. The referendum may be called by the board or shall be
called by the board upon written petition of qualified voters of the district. The referendum
must be conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. deleted text begin Only one election deleted text end new text begin No more than two elections new text end to
approve an increase may be held in a calendar year. Unless the referendum is conducted
by mail under paragraph (g), the referendum must be held on new text begin the first Tuesday after the
first Monday in June or new text end the first Tuesday after the first Monday in November. The ballot
must state the maximum amount of the increased revenue per resident marginal cost pupil
unit. The ballot may state a schedule, determined by the board, of increased revenue per
resident marginal cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized. The ballot may state that existing referendum
levy authority is expiring. In this case, the ballot may also compare the proposed levy
authority to the existing expiring levy authority, and express the proposed increase as the
amount, if any, over the expiring referendum levy authority. The ballot must designate
the specific number of years, not to exceed ten, for which the referendum authorization
applies. The ballot, including a ballot on the question to revoke or reduce the increased
revenue amount under paragraph (c), must abbreviate the term "per resident marginal cost
pupil unit" as "per pupil." The notice required under section 275.60 may be modified to
read, in cases of renewing existing levies:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
FOR A PROPERTY TAX INCREASE."

The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:

"Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"

If approved, an amount equal to the approved revenue per resident marginal cost
pupil unit times the resident marginal cost pupil units for the school year beginning in
the year after the levy is certified shall be authorized for certification for the number of
years approved, if applicable, or until revoked or reduced by the voters of the district at a
subsequent referendum.

(b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district.

The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.

The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing
levies, the notice may include the following statement: "Passage of this referendum may
result in an increase in your property taxes."

(c) A referendum on the question of revoking or reducing the increased revenue
amount authorized pursuant to paragraph (a) may be called by the board and shall be called
by the board upon the written petition of qualified voters of the district. A referendum to
revoke or reduce the revenue amount must state the amount per resident marginal cost
pupil unit by which the authority is to be reduced. Revenue authority approved by the
voters of the district pursuant to paragraph (a) must be available to the school district at
least once before it is subject to a referendum on its revocation or reduction for subsequent
years. Only one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.

(d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of
qualified voters in excess of 15 percent of the registered voters of the district on the day
the petition is filed with the board. A referendum invoked by petition must be held on the
date specified in paragraph (a).

(e) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.

(f) At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results
of the referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the district must notify
the commissioner of the results of the referendum.

Sec. 12. new text begin RULE ON VISUALLY IMPAIRED TO INCLUDE REFERENCES TO
"BLIND" AND "BLINDNESS."
new text end

new text begin The commissioner of education, where appropriate, must incorporate references to
"blind" and "blindness" into the definition of visually impaired under Minnesota Rules,
part 3525.1345, and amend the rule title to include the word "blind."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

new text begin PILOT PROGRAM TO FACILITATE YOUNG CHILDREN'S SECOND
LANGUAGE LEARNING AND STRONGER LITERACY AND VERBAL SKILLS.
new text end

new text begin (a) A pilot program for fiscal year 2007 is established to allow school districts to
use child-relevant American sign language to encourage children in kindergarten through
third grade to learn a second language and develop stronger literacy and verbal skills and
better classroom attention. School districts that have (i) child care centers or Head Start
classrooms, (ii) English language learners, foreign language classrooms or language
immersion programs, (iii) resident families with internationally adopted children or (iv)
classrooms in which children with special needs are served may apply to the education
commissioner, in the form and manner the commissioner determines, for a pilot program
grant. School districts that receive a grant under this section must use the grant to train
education staff who work with children in kindergarten through grade three, including
at least classroom teachers, teachers' assistants, ESL teachers and special education
teachers, to use 600 child-relevant signs in sign language to help hearing students
acquire vocabulary quickly and easily, become better problem solvers, creative thinkers
and communicators and better prepared academically, and to use effective strategies to
incorporate sign language into classroom instruction.
new text end

new text begin (b) The commissioner may awards grants to qualified school districts on a
first-come-first-served basis to allow training for 1000 education staff under this section.
new text end

new text begin (c) The commissioner shall provide for an independent evaluation of the efficacy
of the pilot program under this section and shall recommend to the education policy and
finance committees of the legislature by February 15, 2008, whether or not the program
should be continued and expanded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 14. new text begin CHINESE LANGUAGE PROGRAMS; CURRICULUM
DEVELOPMENT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Project parameters. new text end

new text begin (a) Notwithstanding other law to the contrary,
the commissioner of education may contract with the Board of Regents of the University
of Minnesota or other Minnesota public entity the commissioner determines is qualified
to undertake the development of an articulated K-12 Chinese curriculum for Minnesota
schools that involves:
new text end

new text begin (1) creating a network of Chinese teachers and educators able to develop new and
modify or expand existing world languages K-12 curricula, materials, assessments, and
best practices needed to provide Chinese language instruction to students; and
new text end

new text begin (2) coordinating statewide efforts to develop and expand Chinese language
instruction so that it is uniformly available to students throughout the state, and making
innovative use of media and technology, including television, distance learning, and online
courses to broaden students' access to the instruction.
new text end

new text begin (b) The entity with which the commissioner contracts under paragraph (a) must have
sufficient knowledge and expertise to ensure the professional development of appropriate,
high quality curricula, supplementary materials, aligned assessments, and best practices
that accommodate different levels of student ability and types of programs.
new text end

new text begin (c) Project participants must:
new text end

new text begin (1) work throughout the project to develop curriculum, supplementary materials,
aligned assessments, and best practices; and
new text end

new text begin (2) make curriculum, supplementary materials, aligned assessments, and best
practices equitably available to Minnesota schools and students.
new text end

new text begin Subd. 2. new text end

new text begin Project participants. new text end

new text begin The entity with which the commissioner contracts
must work with the network of Chinese teachers and educators to:
new text end

new text begin (1) conduct an inventory of Chinese language curricula, supplementary materials,
and professional development initiatives currently used in Minnesota or other states;
new text end

new text begin (2) develop Chinese language curricula and benchmarks aligned to local world
language standards and classroom-based assessments; and
new text end

new text begin (3) review and recommend to the commissioner how best to build an educational
infrastructure to provide more students with Chinese language instruction, including
how to develop and provide: an adequate supply of Chinese language teachers; an
adequate number of high quality school programs; appropriate curriculum, instructional
materials, and aligned assessments that include technology-based delivery systems;
teacher preparation programs to train Chinese language teachers; expedited licensing of
Chinese language teachers; best practices in existing educational programs that can be
used to establish K-12 Chinese language programs; and technical assistance resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15. new text begin SCHOOL BUILDING CONDITION REPORT.
new text end

new text begin The commissioner of education, by January 15, 2007, must report to the house of
representatives and senate committees having jurisdiction over kindergarten through
grade 12 education finance on the condition of school buildings in Minnesota that cannot
economically be repaired and renovated and must be replaced within the next five years
in order to provide educational opportunities to students consistent with state academic
standards. The report shall, at a minimum, identify each building, efforts by the school
district to raise the revenue to replace the building, the cost of replacement, total school
property taxes levied by each district, and the commissioner's recommendations of what
role, if any, the state should play in providing funding for the replacement.
new text end

Sec. 16. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin AP, IB, and concurrent enrollment increased student participation. new text end

new text begin For
the increased participation of students in advanced placement, international baccalaureate,
and concurrent enrollment programs under Minnesota Statutes, section 120B.132:
new text end

new text begin $ new text end

new text begin 7,319,000 new text end

new text begin ..... new text end

new text begin 2007 new text end

new text begin This appropriation includes $0 for fiscal year 2006 and $7,319,000 for fiscal year
2007.
new text end

new text begin Subd. 3. new text end

new text begin High school redesign grants. new text end

new text begin To implement the high school redesign
grants under section 8:
new text end

new text begin $ new text end

new text begin 5,000,000 new text end

new text begin ..... new text end

new text begin 2007 new text end

new text begin Subd. 4. new text end

new text begin Chinese language. new text end

new text begin For the Chinese language curriculum project under
section 14:
new text end

new text begin $ new text end

new text begin 250,000 new text end

new text begin ..... new text end

new text begin 2007 new text end

new text begin The commissioner must report to the house of representatives and senate committees
having jurisdiction over kindergarten through grade 12 education policy and finance on
the range of the program by February 15, 2007. The report shall address the applicability
of the Chinese language curriculum project to other world languages and include the
availability of instructors, curriculum, high-quality school programs, assessments, and
best practices as they apply to world languages.
new text end

new text begin This is a onetime appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Child-relevant American sign language. new text end

new text begin For a contract with a qualified
provider to train education staff to use child-relevant American sign language to facilitate
young children's development of second language learning and stronger literacy and
verbal skills.
new text end

new text begin $ new text end

new text begin 225,000 new text end

new text begin ..... new text end

new text begin 2007 new text end

new text begin Of this appropriation, $150,000 is for actual training costs, $35,000 is for
an independent evaluation of the efficacy of the pilot program and $40,000 is for
administrative and marketing costs incurred by the Education Department.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 123B.749, new text end new text begin is repealed.
new text end

ARTICLE 3

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2005 Supplement, section 125A.11, subdivision 1,
is amended to read:

Subdivision 1.

Nonresident tuition rate; other costs.

(a) For fiscal year 2006,
when a school district provides instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by the district of residence. The
tuition rate to be charged for any child with a disability, excluding a pupil for whom tuition
is calculated according to section 127A.47, subdivision 7, paragraph (d), must be the sum
of (1) the actual cost of providing special instruction and services to the child including
a proportionate amount for special transportation and unreimbursed building lease and
debt service costs for facilities used primarily for special education, plus (2) the amount
of general education revenue and referendum aid attributable to the pupil, minus (3) the
amount of special education aid for children with a disability received on behalf of that
child, minus (4) if the pupil receives special instruction and services outside the regular
classroom for more than 60 percent of the school day, the amount of general education
revenue and referendum aid, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, attributable to that pupil for the portion of time the pupil receives
new text begin special new text end instruction deleted text begin in deleted text end new text begin and services outside new text end the regular classroom. If the boards involved
do not agree upon the tuition rate, either board may apply to the commissioner to fix the
rate. Notwithstanding chapter 14, the commissioner must then set a date for a hearing or
request a written statement from each board, giving each board at least ten days' notice,
and after the hearing or review of the written statements the commissioner must make an
order fixing the tuition rate, which is binding on both school districts. General education
revenue and referendum aid attributable to a pupil must be calculated using the resident
district's average general education and referendum revenue per adjusted pupil unit.

(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum aid attributable to that pupil, minus (3) the amount of special
education aid for children with a disability received on behalf of that child, minus (4) if the
pupil receives special instruction and services outside the regular classroom for more than
60 percent of the school day, the amount of general education revenue and referendum
aid, excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives new text begin special new text end instruction deleted text begin in deleted text end new text begin
and services outside new text end the regular classroom. General education revenue and referendum
aid attributable to a pupil must be calculated using the resident district's average general
education revenue and referendum aid per adjusted pupil unit. Special education aid
paid to the district or cooperative providing special instruction and services for the pupil
must be increased by the amount of the reduction in the aid paid to the resident district.
Amounts paid to cooperatives under this subdivision and section 127A.47, subdivision
7, shall be recognized and reported as revenues and expenditures on the resident school
district's books of account under sections 123B.75 and 123B.76. If the resident district's
special education aid is insufficient to make the full adjustment, the remaining adjustment
shall be made to other state aid due to the district.

(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, an intermediate district, or a special
education cooperative may apply to the commissioner for authority to charge the resident
district an additional amount to recover any remaining unreimbursed costs of serving
pupils with a disability. The application must include a description of the costs and the
calculations used to determine the unreimbursed portion to be charged to the resident
district. Amounts approved by the commissioner under this paragraph must be included
in the tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47,
subdivision 7, paragraph (d) or (e), as applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 125A.27, subdivision 11, is amended to read:

Subd. 11.

Interagency child find systems.

"Interagency child find systems"
means activities developed on an interagency basis with the involvement of interagency
early intervention committees and other relevant community groups new text begin using rigorous
standards new text end to actively seek out, identify, and refer infants and young children new text begin , new text end with, or at
risk of, disabilities, and their families new text begin , including a child under the age of three who: (1)
is involved in a substantiated case of abuse or neglect, or (2) is identified as affected by
illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure, to
reduce the need for future services new text end .

Sec. 3.

Minnesota Statutes 2005 Supplement, section 125A.28, is amended to read:

125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law deleted text begin 102-119 deleted text end new text begin 108-446 new text end , section deleted text begin 682 deleted text end new text begin 641 new text end . The
members must be appointed by the governor. Council members must elect the council
chair. The representative of the commissioner may not serve as the chair. The council
must be composed of at least five parents, including persons of color, of children with
disabilities under age 12, including at least three parents of a child with a disability
under age seven, five representatives of public or private providers of services for
children with disabilities under age five, including a special education director, county
social service director, local Head Start director, and a community health services or
public health nursing administrator, one member of the senate, one member of the
house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, new text begin foster care,
mental health, homeless coordinator of education of homeless children and youth, new text end and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 5, apply to the council. deleted text begin The council must meet at least quarterly.
deleted text end

deleted text begin The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.
deleted text end

deleted text begin The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.
deleted text end

On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.

Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council expires on June 30, 2009.

Sec. 4.

Minnesota Statutes 2004, section 125A.29, is amended to read:

125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.

(a) It is the joint responsibility of county boards and school boards to coordinate,
provide, and pay for appropriate services, and to facilitate payment for services from public
and private sources. Appropriate services for children eligible under section 125A.02 must
be determined in consultation with parents, physicians, and other educational, medical,
health, and human services providers. The services provided must be in conformity with new text begin :
new text end

new text begin (1) new text end an IFSP for each eligible infant and toddler from birth through age two and deleted text begin its deleted text end new text begin
the infant's or toddler's new text end family deleted text begin , deleted text end new text begin including:
new text end

new text begin (i) Indian infants and toddlers with disabilities and their families residing on a
reservation geographically located in the state;
new text end

new text begin (ii) infants and toddlers with disabilities who are homeless children and their
families; and
new text end

new text begin (iii) infants and toddlers with disabilities who are wards of the state; new text end or

new text begin (2) new text end an individual education plan (IEP) or individual service plan (ISP) for each
eligible child ages three through four.

(b) Appropriate services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology, psychological services,
special instruction, nursing, respite, nutrition, assistive technology, transportation
and related costs, social work, vision services, case management including service
coordination under section 125A.33, medical services for diagnostic and evaluation
purposes, early identification, and screening, assessment, and health services necessary to
enable children with disabilities to benefit from early intervention services.

(c) School and county boards shall coordinate early intervention services. In the
absence of agreements established according to section 125A.39, service responsibilities
for children birth through age two are as follows:

(1) school boards must provide, pay for, and facilitate payment for special education
and related services required under sections 125A.05 and 125A.06;

(2) county boards must provide, pay for, and facilitate payment for noneducational
services of social work, psychology, transportation and related costs, nursing, respite, and
nutrition services not required under clause (1).

(d) School and county boards may develop an interagency agreement according
to section 125A.39 to establish agency responsibility that assures early intervention
services are coordinated, provided, paid for, and that payment is facilitated from public
and private sources.

(e) County and school boards must jointly determine the primary agency in this
cooperative effort and must notify the commissioner of the state lead agency of their
decision.

Sec. 5.

Minnesota Statutes 2004, section 125A.30, is amended to read:

125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.

(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:

(1) develop public awareness systems designed to inform potential recipient
families new text begin , especially parents with premature infants, or infants with other physical risk
factors associated with learning or development complications, new text end of available programs
and services;

(2) implement interagency child find systems designed to actively seek out, identify,
and refer infants and young children with, or at risk of, disabilities new text begin , including a child under
the age of three who: (i) is involved in a substantiated case of abuse or (ii) is identified
as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal
drug exposure; to reduce the need for future services; new text end and their families new text begin , especially parents
with premature infants, or infants with other physical risk factors associated with learning
or development complications new text end ;

(3) establish and evaluate the identification, referral, child and family assessment
systems, procedural safeguard process, and community learning systems to recommend,
where necessary, alterations and improvements;

(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families, and
individual education plans and individual service plans when necessary to appropriately
serve children with disabilities, age three and older, and their families and recommend
assignment of financial responsibilities to the appropriate agencies;

(5) deleted text begin encourage agencies to develop individual family service plans for children with
disabilities, age three and older;
deleted text end

deleted text begin (6) deleted text end implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;

deleted text begin (7) deleted text end new text begin (6) new text end facilitate the development of a transitional plan if a service provider is not
recommended to continue to provide services;

deleted text begin (8) deleted text end new text begin (7) new text end identify the current services and funding being provided within the
community for children with disabilities under age five and their families;

deleted text begin (9) deleted text end new text begin (8) new text end develop a plan for the allocation and expenditure of additional state and
federal early intervention funds under United States Code, title 20, section 1471 et seq.
(Part C, Public Law deleted text begin 102-119 deleted text end new text begin 108-446 new text end ) and United States Code, title 20, section 631, et
seq. (Chapter I, Public Law 89-313); and

deleted text begin (10) deleted text end new text begin (9) new text end develop a policy that is consistent with section 13.05, subdivision 9, and
federal law to enable a member of an interagency early intervention committee to allow
another member access to data classified as not public.

(c) The local committee shall also:

(1) participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities and
their families; and

(2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.

Sec. 6.

Minnesota Statutes 2004, section 125A.32, is amended to read:

125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN.

(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
include:

(1) a parent or parents of the child;

(2) other family members, as requested by the parent, if feasible to do so;

(3) an advocate or person outside of the family, if the parent requests that the
person participate;

(4) the service coordinator who has been working with the family since the
initial referral, or who has been designated by the public agency to be responsible for
implementation of the IFSP new text begin and coordination with other agencies including transition
services new text end ; and

(5) a person or persons involved in conducting evaluations and assessments.

(b) The IFSP must include:

(1) information about the child's developmental status;

(2) family information, with the consent of the family;

(3) new text begin measurable results or new text end major outcomes expected to be achieved by the child and
the family that include new text begin preliteracy and language skills, as developmentally appropriate
for the child, and new text end the criteria, procedures, and timelines;

(4) specific early intervention services new text begin based on peer-reviewed research, to the
extent practicable, new text end necessary to meet the unique needs of the child and the family to
achieve the outcomes;

(5) payment arrangements, if any;

(6) medical and other services that the child needs, but that are not required under
the Individual with Disabilities Education Act, United States Code, title 20, section 1471
et seq. (Part C, Public Law deleted text begin 102-119 deleted text end new text begin 108-446 new text end ) including funding sources to be used in
paying for those services and the steps that will be taken to secure those services through
public or private sources;

(7) dates and duration of early intervention services;

(8) name of the service coordinator;

(9) steps to be taken to support a child's transition from early intervention services to
other appropriate services new text begin , including convening a transition conference at least 90 days, or
at the discretion of all parties, not more than nine months prior to the child's eligibility for
preschool services new text end ; and

(10) signature of the parent and authorized signatures of the agencies responsible
for providing, paying for, or facilitating payment, or any combination of these, for early
intervention services.

Sec. 7.

Minnesota Statutes 2004, section 125A.33, is amended to read:

125A.33 SERVICE COORDINATION.

(a) The team developing the IFSP under section 125A.32 must select a service
coordinator to carry out service coordination activities on an interagency basis. Service
coordination must actively promote a family's capacity and competency to identify,
obtain, coordinate, monitor, and evaluate resources and services to meet the family's
needs. Service coordination activities include:

(1) coordinating the performance of evaluations and assessments;

(2) facilitating and participating in the development, review, and evaluation of
individualized family service plans;

(3) assisting families in identifying available service providers;

(4) coordinating and monitoring the delivery of available services;

(5) informing families of the availability of advocacy services;

(6) coordinating with medical, health, and other service providers;

(7) facilitating the development of a transition plan at least 90 days before the time
the child is no longer eligible for early intervention services, new text begin or at the discretion of all
parties, not more than nine months prior to the child's eligibility for preschool services,
new text end if appropriate;

(8) managing the early intervention record and submitting additional information to
the local primary agency at the time of periodic review and annual evaluations; and

(9) notifying a local primary agency when disputes between agencies impact service
delivery required by an IFSP.

(b) A service coordinator must be knowledgeable about children and families
receiving services under this section, requirements of state and federal law, and services
available in the interagency early childhood intervention system.

Sec. 8.

Minnesota Statutes 2004, section 125A.48, is amended to read:

125A.48 STATE INTERAGENCY AGREEMENT.

(a) The commissioners of the Departments of Education, Health, and Human
Services must enter into an agreement to implement this section and Part deleted text begin H deleted text end new text begin C new text end , Public
Law deleted text begin 102-119 deleted text end new text begin 108-446 new text end , and as required by Code of Federal Regulations, title 34, section
303.523, to promote the development and implementation of interagency, coordinated,
multidisciplinary state and local early childhood intervention service systems for serving
eligible young children with disabilities, birth through age two, and their families new text begin and
to ensure the meaningful involvement of underserved groups, including minority,
low-income, homeless, and rural families and children with disabilities who are wards
of the state new text end . The agreement must be reviewed annually.

(b) The state interagency agreement must outline at a minimum the conditions,
procedures, purposes, and responsibilities of the participating state and local agencies
for the following:

(1) membership, roles, and responsibilities of a state interagency committee for
the oversight of priorities and budget allocations under Part deleted text begin H deleted text end new text begin C new text end , Public Law deleted text begin 102-119 deleted text end new text begin
108-446 new text end , and other state allocations for this program;

(2) child find;

(3) establishment of local interagency agreements;

(4) review by a state interagency committee of the allocation of additional state and
federal early intervention funds by local agencies;

(5) fiscal responsibilities of the state and local agencies;

(6) intraagency and interagency dispute resolution;

(7) payor of last resort;

(8) maintenance of effort;

(9) procedural safeguards, including mediation;

(10) complaint resolution;

(11) quality assurance;

(12) data collection;

(13) an annual summary to the state Interagency Coordinating Council regarding
conflict resolution activities including disputes, due process hearings, and complaints; and

(14) other components of the state and local early intervention system consistent
with Public Law deleted text begin 102-119 deleted text end new text begin 108-446 new text end .

Written materials must be developed for parents, IEIC's, and local service providers
that describe procedures developed under this section as required by Code of Federal
Regulations, title 34, section 303.

Sec. 9.

Minnesota Statutes 2004, section 125A.515, subdivision 1, is amended to read:

Subdivision 1.

Approval of education programs.

The commissioner shall
approve education programs for placement of children and youth in deleted text begin care and treatment deleted text end
new text begin residential new text end facilities including detention centers, before being licensed by the Department
of Human Services deleted text begin under Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400
to 9545.1480, deleted text end or the Department of Corrections deleted text begin under Minnesota Rules, chapters 2925,
2930, 2935, and 2950 deleted text end . Education programs in these facilities shall conform to state and
federal education laws including the Individuals with Disabilities Education Act (IDEA). new text begin
This section applies only to placements in facilities licensed by the Department of Human
Services or the Department of Corrections.
new text end

Sec. 10.

Minnesota Statutes 2004, section 125A.515, subdivision 3, is amended to read:

Subd. 3.

Responsibilities for providing education.

(a) The district in which the
new text begin residential new text end facility is located must provide education services, including special education
if eligible, to all students placed in a facility deleted text begin for care and treatment deleted text end .

(b) For education programs operated by the Department of Corrections, the
providing district shall be the Department of Corrections. For students remanded to the
commissioner of corrections, the providing and resident district shall be the Department
of Corrections.

deleted text begin (c) Placement for care and treatment does not automatically make a student eligible
for special education. A student placed in a care and treatment facility is eligible for
special education under state and federal law including the Individuals with Disabilities
Education Act under United States Code, title 20, chapter 33.
deleted text end

Sec. 11.

Minnesota Statutes 2004, section 125A.515, subdivision 5, is amended to read:

Subd. 5.

Education programs for students placed in new text begin residential new text end facilities deleted text begin for
care and treatment deleted text end .

(a) When a student is placed in a deleted text begin care and treatment deleted text end facility new text begin
approved under this section new text end that has an on-site education program, the providing district,
upon notice from the care and treatment facility, must contact the resident district within
one business day to determine if a student has been identified as having a disability, and
to request at least the student's transcript, and for students with disabilities, the most
recent individualized education plan (IEP) and evaluation report, and to determine if the
student has been identified as a student with a disability. The resident district must send a
facsimile copy to the providing district within two business days of receiving the request.

(b) If a student placed deleted text begin for care and treatment deleted text end new text begin under this section new text end has been identified as
having a disability and has an individual education plan in the resident district:

(1) the providing agency must conduct an individualized education plan meeting
to reach an agreement about continuing or modifying special education services in
accordance with the current individualized education plan goals and objectives and to
determine if additional evaluations are necessary; and

(2) at least the following people shall receive written notice or documented phone
call to be followed with written notice to attend the individualized education plan meeting:

(i) the person or agency placing the student;

(ii) the resident district;

(iii) the appropriate teachers and related services staff from the providing district;

(iv) appropriate staff from the deleted text begin care and treatment deleted text end new text begin residential new text end facility;

(v) the parents or legal guardians of the student; and

(vi) when appropriate, the student.

(c) For a student who has not been identified as a student with a disability, a
screening must be conducted by the providing districts as soon as possible to determine
the student's educational and behavioral needs and must include a review of the student's
educational records.

Sec. 12.

Minnesota Statutes 2004, section 125A.515, subdivision 6, is amended to read:

Subd. 6.

Exit report summarizing educational progress.

If a student has been
placed in a deleted text begin care and treatment deleted text end facility new text begin under this section new text end for 15 or more business days, the
providing district must prepare an exit report summarizing the regular education, special
education, evaluation, educational progress, and service information and must send the
report to the resident district and the next providing district if different, the parent or
legal guardian, and any appropriate social service agency. For students with disabilities,
this report must include the student's IEP.

Sec. 13.

Minnesota Statutes 2004, section 125A.515, subdivision 7, is amended to read:

Subd. 7.

Minimum educational services required.

new text begin When a student is placed in a
facility approved under this section, new text end at a minimum, the providing district is responsible for:

(1) the education necessary, including summer school services, for a student who is
not performing at grade level as indicated in the education record or IEP; and

(2) a school day, of the same length as the school day of the providing district, unless
the unique needs of the student, as documented through the IEP or education record in
consultation with treatment providers, requires an alteration in the length of the school day.

Sec. 14.

Minnesota Statutes 2004, section 125A.515, subdivision 9, is amended to read:

Subd. 9.

Reimbursement for education services.

(a) Education services
provided to students who have been placed deleted text begin for care and treatment deleted text end new text begin under this section new text end are
reimbursable in accordance with special education and general education statutes.

(b) Indirect or consultative services provided in conjunction with regular education
prereferral interventions and assessment provided to regular education students suspected
of being disabled and who have demonstrated learning or behavioral problems in a
screening are reimbursable with special education categorical aids.

(c) Regular education, including screening, provided to students with or without
disabilities is not reimbursable with special education categorical aids.

Sec. 15.

Minnesota Statutes 2004, section 125A.515, subdivision 10, is amended to
read:

Subd. 10.

Students unable to attend school but not deleted text begin placed in care and treatment
facilities deleted text end new text begin covered under this section new text end .

Students who are absent from, or predicted to
be absent from, school for 15 consecutive or intermittent days, new text begin and placed new text end at home or
in facilities not licensed by the Departments of Corrections or Human Services are deleted text begin not
students placed for care and treatment deleted text end new text begin entitled to regular and special education services
consistent with applicable law and rule new text end . These students include students with and without
disabilities who are home due to accident or illness, in a hospital or other medical facility,
or in a day treatment center. deleted text begin These students are entitled to education services through
their district of residence.
deleted text end

Sec. 16.

Minnesota Statutes 2004, section 125A.63, subdivision 4, is amended to read:

Subd. 4.

Advisory committees.

The deleted text begin Special Education Advisory Council deleted text end new text begin
commissioner new text end shall establish an advisory committee for each resource center. The
advisory committees shall develop recommendations regarding the resource centers new text begin and
submit an annual report to the commissioner on the form and in the manner prescribed by
the commissioner new text end .

Sec. 17.

Minnesota Statutes 2004, section 125A.75, subdivision 1, is amended to read:

Subdivision 1.

Travel aid.

The state must pay each district one-half of the sum
actually expended by a district new text begin , based on mileage, new text end for necessary travel of essential
personnel providing home-based services to children with a disability under age five
and their families.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18. new text begin DEPARTMENT OF EDUCATION RULES.
new text end

new text begin Before July 1, 2007, the Department of Education shall amend Minnesota Rules,
part 3525.2325, to conform with Minnesota Statutes, section 125A.515.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 125A.10; and 125A.515, subdivision 2, new text end new text begin are
repealed.
new text end