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Capital IconMinnesota Legislature
Office of the Revisor of Statutes

SF 2994

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14
4.15 4.16 4.17 4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14
5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29
5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23
6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25
7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14
8.15 8.16
8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29
8.30 8.31
8.32 8.33 9.1 9.2 9.3 9.4
9.5
9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17
9.18
9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7
10.8
10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21
10.22
10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31
10.32 10.33
11.1 11.2
11.3 11.4
11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27
11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29
13.30
13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 14.36 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34
15.35
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 16.36
17.1
17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13
17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7
18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22
18.23 18.24
18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24
21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 23.1 23.2 23.3 23.4
23.5
23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33
24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17
24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33
24.34 24.35
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14
26.15
26.16 26.17 26.18 26.19 26.20
26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25
29.26
29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21
30.22
30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8
31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20
32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33
32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31
33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20
35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31
35.32
35.33 35.34 36.1 36.2 36.3 36.4 36.5 36.6 36.7
36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9
37.10
37.11 37.12 37.13 37.14 37.15
37.16
37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30
37.31
37.32 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16
38.17
38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2
39.3
39.4 39.5 39.6 39.7 39.8 39.9
39.10
39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2
40.3
40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16
40.17
40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7
41.8 41.9
41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33
42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10
43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29
43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27
44.28
44.29 44.30 44.31 44.32 44.33
45.1
45.2 45.3 45.4 45.5 45.6
45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22
45.23
45.24 45.25 45.26 45.27
45.28
46.1 46.2
46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34
47.35
48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10
48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22
48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16
49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24
49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32
49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9
50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19
50.20 50.21 50.22 50.23 50.24 50.25
50.26 50.27 50.28 50.29 50.30
50.31
51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25
51.26
51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14
52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2
53.3 53.4
53.5 53.6 53.7
53.8 53.9 53.10
53.11 53.12
53.13 53.14 53.15 53.16
53.17
53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30
54.1
54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19
54.20
54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 57.36 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18
58.19
58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31
58.32 58.33 59.1 59.2 59.3 59.4 59.5
59.6
59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23
59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11
60.12 60.13 60.14 60.15
60.16 60.17 60.18 60.19 60.20
60.21
60.22 60.23
60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21
61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3 62.4 62.5 62.6 62.7
62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16
62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4
63.5 63.6 63.7 63.8 63.9 63.10
63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19
63.20
63.21 63.22
63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3
64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29
64.30 64.31 64.32 64.33 64.34 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 65.36 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14
66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2
67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32
67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 69.36 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20
72.21 72.22
72.23 72.24 72.25 72.26 72.27 72.28
72.29 72.30 72.31 72.32 72.33 72.34 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25
73.26 73.27 73.28 73.29 73.30 73.31 73.32
73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12
74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24
74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30
75.31 75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10
76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8
77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20
77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 78.36 79.1 79.2 79.3 79.4 79.5
79.6 79.7
79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18
79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10
80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18
80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 81.1 81.2 81.3 81.4 81.5
81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28
81.29 81.30

A bill for an act
 relating to education; providing for prekindergarten through grade 12 education,
including general education; education excellence; special education; facilities,
accounting, and technology; state agencies; technical and conforming
amendments; early childhood; authorizing rulemaking; appropriating money;
amending Minnesota Statutes 2004, sections 119A.50, subdivision 1; 119A.52;
119A.53; 119A.545; 120A.20, subdivision 1; 120A.22, subdivision 3; 120B.021,
subdivision 1; 120B.023; 120B.024; 121A.035; 121A.15, subdivision 10;
121A.17, subdivision 3; 122A.18, subdivision 2; 123A.06, subdivision 2;
123A.44; 123A.441; 123A.442; 123A.443; 123B.10, subdivision 1; 123B.77,
subdivision 3, by adding a subdivision; 123B.90, subdivision 2; 123B.91,
by adding a subdivision; 124D.02, subdivisions 2, 4; 124D.095, subdivision
3; 124D.096; 124D.10, subdivision 16; 124D.11, subdivision 9; 124D.13,
subdivisions 2, 3; 124D.61; 124D.68, subdivision 3; 125A.02, subdivision 1;
125A.515, subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.62, subdivision 1; 125A.63,
subdivision 4; 125A.65, subdivisions 3, 4, 6, 8, 10; 125A.69, subdivision 3;
125A.75, subdivision 1, by adding a subdivision; 126C.05, subdivision 1;
126C.10, subdivision 6, by adding subdivisions; 126C.44; 127A.41, subdivision
2; 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; 181.101; 245A.023; 245A.14, by adding a subdivision; 299F.30; 626.556,
subdivisions 3b, 3c; Minnesota Statutes 2005 Supplement, sections 120B.021,
subdivision 1a; 120B.11, subdivision 2; 120B.131, subdivision 2; 121A.17,
subdivision 5; 122A.414, subdivisions 2b, 3; 123B.04, subdivision 2; 123B.76,
subdivision 3; 123B.92, subdivisions 1, 5; 124D.095, subdivision 4; 124D.175;
124D.68, subdivision 2; 125A.11, subdivision 1; 125A.79, subdivision 1;
126C.10, subdivisions 24, 31; 126C.43, subdivision 2; 127A.45, subdivision 10;
626.556, subdivisions 2, 3; Laws 2005, First Special Session chapter 5, article 2,
section 84, subdivision 13; article 7, section 20, subdivision 5; proposing coding
for new law in Minnesota Statutes, chapters 119A; 121A; repealing Minnesota
Statutes 2004, sections 119A.51; 120A.20, subdivision 3; 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

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2004, section 120A.20, subdivision 1, is amended to
read:


Subdivision 1.

Age limitations; pupils.

new text begin (a) new text end All schools supported in whole or
in part by state funds are public schools. Admission to a public school is free to any
person whonew text begin : (1)new text end resides within the district that operates the schooldeleted text begin , whodeleted text end new text begin ; (2)new text end is under 21
years of agedeleted text begin ,deleted text end new text begin or who meets the requirements of paragraph (c);new text end and deleted text begin whodeleted text end new text begin (3)new text end satisfies the
minimum age requirements imposed by this section. Notwithstanding the provisions of
any law to the contrary, the conduct of all students under 21 years of age attending a
public secondary school is governed by a single set of reasonable rules and regulations
promulgated by the school board.

deleted text begin Nodeleted text end new text begin (b) Anew text end person shall new text begin not new text end be admitted to deleted text begin anydeleted text end new text begin anew text end public school (1) as a kindergarten
pupil, unless the pupil is at least five years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences; or (2) as a 1st
grade student, unless the pupil is at least six years of age on September 1 of the calendar
year in which the school year for which the pupil seeks admission commences or has
completed kindergarten; except that any school board may establish a policy for admission
of selected pupils at an earlier age.

new text begin (c) A pupil who becomes age 21 after enrollment is eligible for continued free public
school enrollment until at least one of the following occurs: (1) the first September 1 after
the pupil's 21st birthday; (2) the pupil's completion of the graduation requirements; (3)
the pupil's withdrawal with no subsequent enrollment within 21 calendar days; or (4)
the end of the school year.
 new text end

Sec. 2.

Minnesota Statutes 2004, section 123A.06, subdivision 2, is amended to read:


Subd. 2.

People to be served.

A center shall provide programs for secondary
pupils and adults. A center may also provide programs and services for elementary and
secondary pupils who are not attending the center to assist them in being successful in
school. A center shall use research-based best practices for serving limited English
proficient students and their parents. An individual education plan team may identify a
center as an appropriate placement to the extent a center can provide the student with the
appropriate special education services described in the student's plan. Pupils eligible to
be served are those deleted text begin age five to adults 22 and olderdeleted text end who qualify under the graduation
incentives program in section 124D.68, subdivision 2, new text begin those enrolled under section
124D.02, subdivision 2,new text end or those pupils who are eligible to receive special education
services under sections 125A.03 to 125A.24, and 125A.65.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 123B.76, subdivision 3, is
amended to read:


Subd. 3.

Expenditures by building.

(a) For the purposes of this section, "building"
means education site as defined in section 123B.04, subdivision 1.

(b) Each district shall maintain separate accounts to identify general fund
expenditures for each building. All expenditures for regular instruction, secondary
vocational instruction, and school administration must be reported to the department
separately for each building. All expenditures for special education instruction,
instructional support services, and pupil support services provided within a specific
building must be reported to the department separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the building and
must not be based on districtwide averages. All other general fund expenditures may be
reported by building or on a districtwide basis.

(c) The department must annually report information showing school district general
fund expenditures per pupil by program category for each building and estimated school
district general fund revenue generated by pupils attending each building on its Web
site. For purposes of this report:

(1) expenditures not reported by building shall be allocated among buildings on a
uniform per pupil basis;

(2) basic skills revenue shall be allocated according to section 126C.10, subdivision
4;

(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated
according to section 126C.10, subdivisions 7 and 8;

(4) new text begin alternative teacher compensation revenue shall be allocated according to section
122A.415, subdivision 1;
new text end

new text begin (5) new text end other general education revenue shall be allocated on a uniform per pupil unit
basis;

deleted text begin (5)deleted text end new text begin (6)new text end first grade preparedness aid shall be allocated according to section 124D.081;

deleted text begin (6)deleted text end new text begin (7)new text end state and federal special education aid and Title I aid shall be allocated in
proportion to district expenditures for these programs by building; and

deleted text begin (7)deleted text end new text begin (8) new text end other general fund revenues shall be allocated on a uniform per pupil basis,
except that the department may allocate other revenues attributable to specific buildings
directly to those buildings.

Sec. 4.

Minnesota Statutes 2004, section 124D.02, subdivision 2, is amended to read:


Subd. 2.

Secondary school programs.

The board may permit a person who is over
the age of 21 or who has graduated from high school to enroll deleted text begin as a part-time studentdeleted text end in a
class or program at a secondary school if there is space available. In determining if there is
space available, deleted text begin full-timedeleted text end public school studentsdeleted text begin ,deleted text end new text begin eligible for free enrollment under section
120A.20, subdivision 1, andnew text end shared-time studentsnew text begin shall be given priority over students
seeking enrollment pursuant to this subdivisionnew text end , and students returning to complete a
regular course of study shall be given priority over deleted text begin part-timedeleted text end new text begin othernew text end students seeking
enrollment pursuant to this subdivision. The following are not prerequisites for enrollment:

(1) residency in the school district;

(2) United States citizenship; or

(3) for a person over the age of 21, a high school diploma or equivalency certificate.
A person may enroll in a class or program even if that person attends evening school, an
adult or continuing education, or a postsecondary educational program or institution.

Sec. 5.

Minnesota Statutes 2004, section 124D.02, subdivision 4, is amended to read:


Subd. 4.

Part-time student fee.

Notwithstanding the provisions of sections
120A.20 and 123B.37, a board may charge a deleted text begin part-timedeleted text end student new text begin enrolled pursuant to
subdivision 2 new text end a reasonable fee for a class or program.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 124D.68, subdivision 2, is
amended to read:


Subd. 2.

Eligible pupils.

deleted text begin The following pupils aredeleted text end new text begin A pupil under the age of 21 or
who meets the requirements of section 120A.20, subdivision 1, paragraph (c), isnew text end eligible to
participate in the graduation incentives programdeleted text begin :
deleted text end

deleted text begin (a) any pupil under the age of 21 whodeleted text end new text begin , if the pupilnew text end :

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is at least one year behind in satisfactorily completing coursework or obtaining
credits for graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or has limited English proficiency; or

(11) has withdrawn from school or has been chronically truantdeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (b) any person who is at least 21 years of age and who:
 deleted text end

deleted text begin (1) has received fewer than 14 years of public or nonpublic education, beginning
at age 5;
 deleted text end

deleted text begin (2) has not completed the requirements for a high school diploma; and
 deleted text end

deleted text begin (3) at the time of application, (i) is eligible for unemployment benefits or has
exhausted the benefits, (ii) is eligible for, or is receiving income maintenance and support
services, as defined in section deleted text begin 116L.19, subdivision 5deleted text end , or (iii) is eligible for services under
the displaced homemaker program or any programs under the federal Jobs Training
Partnership Act or its successor.
 deleted text end

Sec. 7.

Minnesota Statutes 2004, section 124D.68, subdivision 3, is amended to read:


Subd. 3.

Eligible programs.

(a) A pupil who is eligible according to subdivision 2
may enroll in area learning centers under sections 123A.05 to 123A.08.

(b) A pupil who is eligible according to subdivision 2 and who is between the ages
of 16 and 21 may enroll in postsecondary courses under section 124D.09.

(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program. deleted text begin However, a person who is eligible according to
subdivision 2, clause (b), may enroll only if the school board has adopted a resolution
approving the enrollment.
deleted text end

(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to provide
educational services.

(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.

Sec. 8.

Minnesota Statutes 2004, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil new text begin under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c), new text end in average daily membership enrolled in the district of residence, in another district
under sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68;
in a charter school under section 124D.10; or for whom the resident district pays tuition
under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be
counted according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individual education plan is counted as the ratio of the
number of hours of assessment and education service to 825 times 1.25 with a minimum
average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be handicapped is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individual education program
plan to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as .557 of a
pupil unit for fiscal year 2000 and thereafter.

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

Sec. 9.

Minnesota Statutes 2004, section 126C.10, subdivision 6, is amended to read:


Subd. 6.

Definitions.

The definitions in this subdivision apply only to subdivisions
7 and 8.

(a) "High school" means a new text begin public new text end secondary schoolnew text begin , except a charter school under
section 124D.10,new text end that has pupils enrolled in at least the 10th, 11th, and 12th grades. If
there is no deleted text begin secondarydeleted text end new text begin highnew text end school in the district deleted text begin that has pupils enrolled in at least the
10th, 11th, and 12th grades,deleted text end and the school is at least 19 miles from the next nearest
school, the commissioner must designate one school in the district as a high school for the
purposes of this section.

(b) "Secondary average daily membership" means, for a district that has only one
high school, the average daily membership of pupils served in grades 7 through 12. For a
district that has more than one high school, "secondary average daily membership" for
each high school means the product of the average daily membership of pupils served in
grades 7 through 12 in the high school, times the ratio of six to the number of grades
in the high school.

(c) "Attendance area" means the total surface area of the district, in square miles,
divided by the number of high schools in the district. For a district that does not operate
a high school and is less than 19 miles from the nearest operating high school, the
attendance area equals zero.

(d) "Isolation index" for a high school means the square root of 55 percent of the
attendance area plus the distance in miles, according to the usually traveled routes,
between the high school and the nearest high school. For a district in which there is located
land defined in section 84A.01, 84A.20, or 84A.31, the distance in miles is the sum of:

(1) the square root of one-half of the attendance area; and

(2) the distance from the border of the district to the nearest high school.

(e) "Qualifying high school" means a high school that has an isolation index greater
than 23 and that has secondary average daily membership of less than 400.

(f) "Qualifying elementary school" means deleted text begin andeleted text end new text begin a publicnew text end elementary schoolnew text begin , except a
charter school under section 124D.10,new text end that is located 19 miles or more from the nearest
elementary school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer per grade.

(g) "Elementary average daily membership" means, for a district that has only
one elementary school, the average daily membership of pupils served in kindergarten
through grade 6. For a district that has more than one elementary school, "average daily
membership" for each school means the average daily membership of pupils served in
kindergarten through grade 6 multiplied by the ratio of seven to the number of grades
in the elementary school.

Sec. 10.

Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 31,
is amended to read:


Subd. 31.

Transition revenue.

(a) A district's transition allowance equals the
greater of zero or the product of the ratio of the number of adjusted marginal cost pupil
units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002
to the district's adjusted marginal cost pupil units for fiscal year 2004, times the difference
between: (1) the lesser of the district's general education revenue per adjusted marginal
cost pupil unit for fiscal year 2003 or the amount of general education revenue the district
would have received per adjusted marginal cost pupil unit for fiscal year 2004 according
to Minnesota Statutes 2002, and (2) the district's general education revenue for fiscal year
2004 excluding transition revenue divided by the number of adjusted marginal cost pupil
units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002.

(b) A district's transition revenue for fiscal year 2006 and later equals the sum of
deleted text begin (1)deleted text end the product of the district's transition allowance times the district's adjusted marginal
cost pupil units plus deleted text begin (2) the amount of referendum revenue under section 126C.17 and
general education revenue, excluding transition revenue, for fiscal year 2004 attributable
to pupils four or five years of age on September 1, 2003, enrolled in a prekindergarten
program implemented by the district before July 1, 2003, and reported as kindergarten
pupils under section 126C.05, subdivision 1, for fiscal year 2004, plus (3) the amount of
compensatory education revenue under subdivision 3 for fiscal year 2005 attributable to
pupils four years of age on September 1, 2003, enrolled in a prekindergarten program
implemented by the district before July 1, 2003, and reported as kindergarten pupils
under section 126C.05, subdivision 1, for fiscal year 2004 multiplied by .04deleted text end new text begin the district's
transition for prekindergarten revenue under subdivision 31anew text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2004, section 126C.10, is amended by adding a subdivision
to read:


new text begin Subd. 31a. new text end

new text begin Transition for prekindergarten revenue. new text end

new text begin For fiscal year 2007 and
later, a school district's transition for prekindergarten revenue equals the sum of (1) the
amount of referendum revenue under section 126C.17 and general education revenue,
excluding transition revenue, for fiscal year 2004 attributable to pupils four or five years
of age on September 1, 2003, enrolled in a prekindergarten program implemented by the
district before July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004, plus (2) the amount of compensatory education
revenue under subdivision 3 for fiscal year 2005 attributable to pupils four years of
age on September 1, 2003, enrolled in a prekindergarten program implemented by the
district before July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004 multiplied by .04.
 new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2004, section 126C.10, is amended by adding a
subdivision to read:


new text begin Subd. 31b. new text end

new text begin Uses of transition for prekindergarten revenue. new text end

new text begin A school district that
receives revenue under subdivision 31a must reserve that revenue for prekindergarten
programs serving students who turn age four by September 1 and who will enter
kindergarten the following year.
 new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2005 Supplement, section 126C.43, subdivision 2, is
amended to read:


Subd. 2.

Payment to unemployment insurance program trust fund by state
and political subdivisions.

new text begin (a) new text end A district may levy the amount necessary deleted text begin (i)deleted text end new text begin (1)new text end to pay
the district's obligations under section 268.052, subdivision 1, and deleted text begin (ii)deleted text end new text begin (2)new text end to pay for job
placement services offered to employees who may become eligible for benefits pursuant
to section 268.085 for the fiscal year the levy is certified.

new text begin (b) Districts with a balance remaining in their reserve for reemployment as of June
30, 2003, may not expend the reserved funds for future reemployment expenditures. Each
year a levy reduction must be made to return these funds to taxpayers. The amount of
the levy reduction must be equal to the lesser of: (1) the remaining reserved balance for
reemployment, or (2) the amount of the district's current levy under paragraph (a).
 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. 14.

Minnesota Statutes 2004, section 126C.44, is amended to read:


126C.44 SAFE SCHOOLS LEVY.

Each district may make a levy on all taxable property located within the district for
the purposes specified in this section. The maximum amount which may be levied for all
costs under this section shall be equal to $27 multiplied by the district's adjusted marginal
cost pupil units for the school year. The proceeds of the levy must be new text begin reserved and new text end used
for directly funding the following purposes or for reimbursing the cities and counties who
contract with the district for the following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; (3)
to pay the costs for a gang resistance education training curriculum in the district's schools;
(4) to pay the costs for security in the district's schools and on school property; or (5) to
pay the costs for other crime prevention, drug abuse, student and staff safety, and violence
prevention measures taken by the school district. new text begin For expenditures under clause (1), new text end the
district must initially attempt to contract for services to be provided by peace officers or
sheriffs with the police department of each city or the sheriff's department of the county
within the district containing the school receiving the services. If a local police department
or a county sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's department
located entirely or partially within the school district's boundaries. deleted text begin The levy authorized
under this section is not included in determining the school district's levy limitations.deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2005 Supplement, section 127A.45, subdivision 10,
is amended to read:


Subd. 10.

Payments to school nonoperating funds.

Each fiscal year state general
fund payments for a district nonoperating fund must be made at the current year aid
payment percentage of the estimated entitlement during the fiscal year of the entitlement.
This amount shall be paid in 12 equal monthly installments. The amount of the actual
entitlement, after adjustment for actual data, minus the payments made during the fiscal
year of the entitlement must be paid prior to October 31 of the following school year. The
commissioner may make advance payments of debt service equalization aid new text begin and state-paid
tax credits new text end for a district's debt service fund earlier than would occur under the preceding
schedule if the district submits evidence showing a serious cash flow problem in the fund.
The commissioner may make earlier payments during the year and, if necessary, increase
the percent of the entitlement paid to reduce the cash flow problem.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16. new text begin ALTERNATIVE TEACHER COMPENSATION REVENUE FOR
SPECIAL SCHOOL DISTRICT NO. 6, SOUTH ST. PAUL.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 122A.413, 122A.414, 122A.415,
and 126C.10, Special School District No. 6, South St. Paul, shall be eligible for
alternative teacher compensation revenue under Minnesota Statutes, section 122A.415,
for the elementary and middle years international baccalaureate pilot program. The
revenue generated from the alternative teacher compensation program must be used
for preinstructional startup costs, including staff, training, curriculum materials, and
preparation costs.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal years 2007
through 2011.
 new text end

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

new text begin Minnesota Statutes 2004, section 120A.20, subdivision 3, new text end new text begin is repealed.
 new text end

ARTICLE 2

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.09new 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 publisheddeleted text end to
inform and guide parents, teachers, school districts, and other interested persons and deleted text begin fordeleted text end new text begin tonew 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 2new text end .

(d) The commissioner must develop and implement a system for reviewing deleted text begin on
a four-year cycledeleted text end each of the required academic standards and related benchmarks and
elective standards deleted text begin beginning in the 2006-2007 school yeardeleted text end new text begin on a periodic cycle, consistent
with subdivision 2new 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 commissioner of education 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 mathematics 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 CREDITSnew text begin ;
STUDENT TRANSFERSnew 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 in the 2010-2011
school year for students scheduled to graduate in the 2014-2015 school year or later, one
algebra II credit or its equivalentnew 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 physicsnew 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 studiesnew text begin , agriculture education,new text end or business department;

(5) one credit in the arts; and

(6) a minimum of seven elective course credits.

new text begin (b) Students beginning 9th grade in the 2006-2007 school year and later must
complete the following course credits for graduation in addition to those specified in
paragraph (a), clauses (1) to (5):
 new text end

new text begin (1) one-half credit in physical education and one-half credit in health education; and
 new text end

new text begin (2) a minimum of six elective course credits instead of the seven elective course
credits specified in paragraph (a), clause (6).
 new text end

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

new text begin (e) 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 publicnew text begin or nonpublicnew 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 examinationsdeleted text end new text begin in the
subject matter of each examinationnew 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 successfuldeleted 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 school boards, school counselors, school psychologists, 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
commissioner may develop and utilize a request for proposal process for the establishment
of 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 policynew text begin that includes, among other items, school lock-down and tornado drills,
consistent with subdivision 2, and school fire drills under section 299F.30new 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 districtdeleted text end crisis management policy to address
potential violent crisis situations in the districtnew text begin or charter schoolnew text end . The policy must be
developed deleted text begin in consultationdeleted text end new text begin cooperativelynew 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, and 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 or 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.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 developmentdeleted 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. 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 2anew text begin and may not impose
any other conditions for approvalnew 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.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. 14.

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 studentsdeleted text end in
deleted text begin grades 9 anddeleted text end new text begin grade 9 ornew 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 annuallydeleted 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 annuallydeleted 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. 15.

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. 16.

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. 17.

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 otherdeleted text end new text begin thenew 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. 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. 18.

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 30deleted text end new text begin 45new 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 learningdeleted 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. 19.

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. 20.

Minnesota Statutes 2004, section 124D.096, is amended to read:


124D.096 ON-LINE LEARNING AID.

(a) The on-line learning aid for an on-line learning provider equals the product
of the adjusted on-line learning average daily membership for students under section
124D.095, subdivision 8, paragraph (d), times the student grade level weighting under
section 126C.05, subdivision 1, times the formula allowance.

(b) Notwithstanding section 127A.45, the department must pay each on-line learning
provider deleted text begin 80 percent ofdeleted text end new text begin the current year aid payment percentage multiplied bynew text end the amount
in paragraph (a) within 45 days of receiving final enrollment and course completion
information each quarter or semester. deleted text begin A final payment equal to 20 percent of the amount in
paragraph (a)deleted text end new text begin The final adjustment payment must be the amount of the actual entitlement,
after adjustment for actual data, minus the payments made during the fiscal year of the
entitlement. This paymentnew text end must be made on September 30 of the next fiscal year.

Sec. 21.

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


Subd. 16.

Transportation.

(a) deleted text begin By July 1 of eachdeleted text end deleted text begin year, a charter schooldeleted 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 operationnew 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 schooldeleted text end new text begin its own transportation or use the transportation services of the
district in which it is locatednew 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. 22.

Minnesota Statutes 2004, section 124D.11, subdivision 9, is amended to read:


Subd. 9.

Payment of aids to charter schools.

(a) Notwithstanding section 127A.45,
subdivision 3, aid payments for the current fiscal year to a charter school not in its first
year of operation shall be of an equal amount on each of the 23 payment dates. A charter
school in its first year of operation shall receive, on its first payment date, ten percent of its
cumulative amount guaranteed for the year and 22 payments of an equal amount thereafter
the sum of which shall deleted text begin be 90 percent ofdeleted text end new text begin equal the current year aid payment percentage
multiplied bynew text end the cumulative amount guaranteed.

(b) Notwithstanding paragraph (a), for a charter school ceasing operation prior to the
end of a school year, deleted text begin 80 percent ofdeleted text end new text begin the current year aid payment percentage multiplied by
new text end the amount due for the school year may be paid to the school after audit of prior fiscal year
and current fiscal year pupil counts.new text begin For a charter school ceasing operations prior to, or at
the end of, a school year, notwithstanding section 127A.45, subdivision 3, preliminary
final payments may be made after audit of pupil counts, monitoring of special education
expenditures, and documentation of lease expenditures for the final year of operation.
Final payment may be made upon receipt of audited financial statements under section
123B.77, subdivision 3.
new text end

(c) Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.

(d) In order to receive state aid payments under this subdivision, a charter school in
its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.

new text begin (e) Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state.
 new text end

Sec. 23.

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 withdeleted text end new text begin that
enrolls one or more children of limited English proficiency must implement an educational
program that includes at a minimumnew text end the following deleted text begin programdeleted 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 mustdeleted 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 permitteddeleted 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. 24.

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. 25.

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. 26.

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 vandeleted text end conversion deleted text begin ordeleted 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 10,000deleted text end new text begin 14,500new text end poundsnew text begin or lessnew text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000deleted text end new text begin 14,500new text end poundsnew text begin and less than or equal to 21,500 poundsnew 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. 27.

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


Subd. 2.

Driver seat belt.

deleted text begin Newdeleted 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. 28.

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 2000deleted text end new text begin 2005new text end
edition of the "National School Transportation Specifications and Procedures" adopted
by the National deleted text begin Conferencedeleted text end new text begin Congressnew 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 2000deleted text end new text begin 2005new 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 2000deleted text end new text begin
2005new 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. 29.

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, 2004deleted text end new text begin
December 31, 2006new 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, 2004deleted text end new text begin December 31,
2006new 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. 30.

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 120deleted text end new text begin 130new 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 80deleted text end new text begin 130new 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. 31.

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. 32.

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 districtnew 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. 33.

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 annuallydeleted text end new text begin by June
30 of each yearnew text end to each school bus driver.

(b) A school district, nonpublic school, or private contractor shall deleted text begin annuallydeleted 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. 34.

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 this section and section
121A.035, 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 ninedeleted 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 nonpublic 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 monthdeleted 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 this section and section
121A.035, 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. 35.

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 licenseddeleted 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 245Bdeleted text begin ; or a nonlicensed personal care
provider organization as defined in sections 256B.04, subdivision 16; and 256B.0625,
subdivision 19deleted text end new text begin , or to the agency responsible for assessing or investigating the report, if the
facility is not licensednew 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. 36.

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


Subd. 3b.

deleted text begin Agencydeleted 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.10new 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 schoolnew text end .

Sec. 37.

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


Subd. 3c.

deleted text begin Agencydeleted 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
investigatingnew 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 caredeleted text begin ; anddeleted 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. 38.

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. 39. 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. 40. 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. 41. new text begin CHARACTER DEVELOPMENT EDUCATION; 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 School districts may develop a pilot
program to implement comprehensive character development education under Minnesota
Statutes, section 120B.232, subdivision 1.
 new text end

new text begin Subd. 2. new text end

new text begin Approved provider list. new text end

new text begin (a) Based upon available resources, 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
comprehensive 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 (b) Funding for the approved provider list shall be from existing department
resources under Minnesota Statutes, section 120B.232, subdivision 2.
 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. 42. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, sections 121A.23; and 123B.749, new text end new text begin are 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 This section, paragraph (b), is effective January 1, 2007.
 new text end

ARTICLE 3

SPECIAL EDUCATION

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 indeleted text end new text begin and services outside ofnew 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 indeleted text end new text begin
and services outside of 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, deleted text begin ordeleted text end a special
education cooperativenew text begin , or a school district that served as the applicant agency for a group
of school districts for federal special education aids for fiscal year 2006new text end 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 (d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs
(d) and (e), "general education revenue and referendum aid" means the sum of the general
education revenue according to section 126C.10, subdivision 1, excluding alternative
teacher compensation revenue, plus the referendum aid according to section 126C.17,
subdivision 7, as adjusted according to section 127A.47, subdivision 7, paragraphs (a)
to (c).
 new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

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 treatmentdeleted text end
new text begin residentialnew 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 2950deleted 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. 3.

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 residentialnew 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 treatmentdeleted 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. 4.

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


Subd. 5.

Education programs for students placed innew text begin residentialnew text end facilitiesdeleted text begin for
care and treatmentdeleted text end .

(a) When a student is placed in a deleted text begin care and treatmentdeleted text end facilitynew text begin
approved under this sectionnew 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 treatmentdeleted text end new text begin under this sectionnew 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 treatmentdeleted text end new text begin residentialnew 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. 5.

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 treatmentdeleted text end facilitynew text begin under this sectionnew 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. 6.

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. 7.

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 treatmentdeleted 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. 8.

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
facilitiesdeleted text end new text begin covered under this sectionnew 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 treatmentdeleted text end new text begin entitled to regular and special education services
consistent with applicable law and rulenew 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. 9.

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


Subd. 4.

Advisory committees.

The deleted text begin Special Education Advisory Councildeleted 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 centersnew text begin and
submit an annual report to the commissioner on the form and in the manner prescribed by
the commissionernew text end .

Sec. 10.

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 districtnew 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. 11.

Minnesota Statutes 2005 Supplement, section 125A.79, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

For the purposes of this section, the definitions in this
subdivision apply.

(a) "Unreimbursed special education cost" means the sum of the following:

(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
transportation services eligible for revenue under section 125A.76; plus

(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus

(3) revenue for teachers' salaries, contracted services, supplies, and equipment under
section 125A.76; minus

(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services
eligible for revenue under section 125A.76, subdivision 2.

(b) "General revenue" means the sum of the general education revenue according to
section 126C.10, subdivision 1, deleted text begin as adjusted according to section 127A.47, subdivisions
7 and 8new text begin new text end deleted text end new text begin excluding alternative teacher compensation revenuenew text end , plus the total qualifying
referendum revenue specified in paragraph (e) minus transportation sparsity revenue
minus total operating capital revenue.

(c) "Average daily membership" has the meaning given it in section 126C.05.

(d) "Program growth factor" means 1.02 for fiscal year 2003, and 1.0 for fiscal
year 2004 and later.

(e) "Total qualifying referendum revenue" means two-thirds of the district's total
referendum revenue new text begin as adjusted according to section 127A.47, subdivision 7, paragraphs
(a) to (c), new text end for fiscal year 2006, one-third of the district's total referendum revenue for fiscal
year 2007, and none of the district's total referendum revenue for fiscal year 2008 and later.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12. new text begin SPECIAL EDUCATION FORECAST MAINTENANCE OF EFFORT.
new text end

new text begin (a) If, on the basis of a forecast of general fund revenues and expenditures under
Minnesota Statutes, section 16A.103; expenditures for special education aid under
Minnesota Statutes, section 125A.76; transition for disabled students under Minnesota
Statutes, section 124D.454; travel for home-based services under Minnesota Statutes,
section 125A.75, subdivision 1; aid for students with disabilities under Minnesota Statutes,
section 125A.75, subdivision 3; court-placed special education under Minnesota Statutes,
section 125A.79, subdivision 4; or out-of-state tuition under Minnesota Statutes, section
125A.79, subdivision 8, are projected to be less than the amount previously forecast for an
enacted budget, the forecast excess from these programs, up to an amount sufficient to
meet federal special education maintenance of effort, is added to the state total special
education aid in Minnesota Statutes, section 125A.76, subdivision 4.
 new text end

new text begin (b) If, on the basis of a forecast of general fund revenues and expenditures under
Minnesota Statutes, section 16A.103, expenditures in the programs in this section are
projected to be greater than previously forecast for an enacted budget, and an addition to
state total special education aid has been made under paragraph (a), the state total special
education aid must be reduced by the lesser of the amount of the expenditure increase or
the amount previously added to state total special education aid, and this amount must be
taken from the programs that were forecast to have a forecast excess.
 new text end

new text begin (c) For the purpose of this section, "previously forecast for an enacted budget" means
the allocation of funding for these programs in the most recent forecast of general fund
revenues and expenditures or the act appropriating money for these programs, whichever
occurred most recently. It does not include planning estimates for a future biennium.
 new text end

Sec. 13. new text begin INTERMEDIATE DISTRICT SPECIAL EDUCATION TUITION
BILLING FOR FISCAL YEARS 2006 AND 2007.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 125A.11, subdivision 1, paragraph
(a), and 127A.47, subdivision 7, paragraph (d), for fiscal year 2006, an intermediate
district is not subject to the uniform special education tuition billing calculations, but may
instead continue to bill the resident school districts for the actual unreimbursed costs of
serving pupils with a disability as determined by the intermediate district.
 new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraph
(c), for fiscal year 2007 only, an intermediate district may apply to the commissioner of
education for a waiver from the uniform special education tuition calculations and aid
adjustments under Minnesota Statutes, sections 125A.11, subdivision 1, paragraph (b), and
127A.47, subdivision 7, paragraph (e). The commissioner must grant the waiver within 30
days of receiving the following information from the intermediate district:
 new text end

new text begin (1) a detailed description of the intermediate district's methodology for calculating
special education tuition for fiscal years 2006 and 2007, as required by the intermediate
district to recover the full cost of serving pupils with a disability;
 new text end

new text begin (2) sufficient data to determine the total amount of special education tuition actually
charged for each student with a disability, as required by the intermediate district to
recover the full cost of serving pupils with a disability in fiscal year 2006; and
 new text end

new text begin (3) sufficient data to determine the amount that would have been charged for each
student for fiscal year 2006 using the uniform tuition billing methodology according
to Minnesota Statutes, section 125A.11, subdivision 1, or 127A.47, subdivision 7, as
applicable.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
for fiscal year 2006.
 new text end

Sec. 14. 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. 15. 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

ARTICLE 4

FACILITIES, ACCOUNTING, AND TECHNOLOGY

Section 1.

Minnesota Statutes 2004, section 123A.44, is amended to read:


123A.44 CITATION.

Sections 123A.441 to 123A.446 may be cited as the "Cooperative deleted text begin Secondarydeleted text end
Facilities Grant Act."

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 123A.441, is amended to read:


123A.441 POLICY AND PURPOSE.

Because of the rates of decline in school-aged population, population shifts and
economic changes that the state has experienced in recent years and anticipates in future
years, and because in some instances local districts have not, and will not be able to
provide the required construction funds through local property taxes, the purpose of the
cooperative deleted text begin secondarydeleted text end facilities grant program is to provide an incentive to encourage
cooperation in making available to all deleted text begin secondarydeleted text end students those educational programs,
services and facilities that are most efficiently and effectively provided by a cooperative
effort of deleted text begin severaldeleted text end school districts. The policy and purpose of sections 123A.442 to
123A.446 is to use the credit of the state, to a limited degree, to provide grants to
cooperating groups of districts to improve and expand the educational opportunities and
facilities available to their deleted text begin secondarydeleted text end students.

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 123A.442, is amended to read:


123A.442 APPROVAL AUTHORITY; APPLICATION FORMS.

Subdivision 1.

Approval by commissioner.

To the extent money is available, the
commissioner may approve projects from applications submitted under section 123A.443.
The grant money must be used only to acquire, construct, remodel or improve the building
or site of a cooperative deleted text begin secondarydeleted text end facility under contracts to be entered into within 15
months after the date on which each grant is awarded.

Subd. 2.

Cooperation and combination.

Districts that new text begin have not already
consolidated and new text end receive a cooperative deleted text begin secondarydeleted text end facilities grant deleted text begin after May 1, 1991,deleted text end shall:

(1) submit a new text begin consolidation new text end plan deleted text begin as set forth indeleted text end new text begin undernew text end section deleted text begin 123A.36deleted text end new text begin 123A.48new text end for
approval by the deleted text begin State Board of Education before December 31, 1999, ordeleted text end Department of
Education deleted text begin after December 30, 1999deleted text end ; and

(2) hold a referendum on the question of deleted text begin combinationdeleted text end new text begin consolidationnew text end no later than
four years after a grant is awarded under subdivision 1.

The districts are eligible for deleted text begin cooperation and combinationdeleted text end new text begin consolidationnew text end revenue
under section deleted text begin 123A.39, subdivision 3deleted text end new text begin 123A.485new text end .

new text begin Subd. 3. new text end

new text begin Consolidated districts. new text end

new text begin A school district that has consolidated with
another school district since July 1, 1980, is eligible for a cooperative facilities grant.
 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. 4.

Minnesota Statutes 2004, section 123A.443, is amended to read:


123A.443 GRANT APPLICATION PROCESS.

Subdivision 1.

Qualification.

Any group of districts new text begin or a consolidated district
new text end that meets the criteria required under subdivision 2 may apply for an incentive grant for
construction of a new deleted text begin secondarydeleted text end facility or for remodeling and improving an existing
deleted text begin secondarydeleted text end facility. A grant for new construction must not exceed the lesser of deleted text begin $5,000,000deleted text end new text begin
$10,000,000new text end or 75 percent of the approved construction costs of a cooperative deleted text begin secondarydeleted text end
education facility. A grant for remodeling and improving an existing facility must not
exceed deleted text begin $200,000deleted text end new text begin $1,000,000new text end .

Subd. 2.

Review by commissioner.

(a) A group of districts new text begin or a consolidated district
new text end that submits an application for a grant must submit a proposal to the commissioner for
review and comment under section 123B.71. The commissioner shall prepare a review
and comment on the proposed facility by July 1 of an odd-numbered year, regardless
of the amount of the capital expenditure required to acquire, construct, remodelnew text begin ,new text end or
improve the deleted text begin secondarydeleted text end facility. The commissioner shall not approve an application for an
incentive grant for any deleted text begin secondarydeleted text end facility unless the facility receives a favorable review
and comment under section 123B.71 and the following criteria are met:

(1) new text begin the applicant is a consolidated district or new text end a minimum of two or more districtsdeleted text begin ,
with kindergarten to grade 12 enrollments in each district of no more than 1,200 pupils,
enterdeleted text end new text begin that have enterednew text end into a joint powers agreement;

(2) new text begin for a group of districts, new text end a joint powers board representing all participating
districts is established under section 471.59 to govern the cooperative deleted text begin secondarydeleted text end facility;

deleted text begin (3) the planned secondary facility will result in the joint powers district meeting the
requirements of Minnesota Rules, parts 3500.2010 and 3500.2110;
 deleted text end

deleted text begin (4) at least 198 pupils would be served in grades 10 to 12, 264 pupils would be
served in grades 9 to 12, or 396 pupils would be served in grades 7 to 12;
 deleted text end

deleted text begin (5)deleted text end new text begin (3) for a group of districts,new text end no more than one superintendent is employed by the
joint powers board as a result of the cooperative deleted text begin secondarydeleted text end facility agreement;

deleted text begin (6)deleted text end new text begin (4)new text end a statement of need is submitted, that may include reasons why the current
deleted text begin secondarydeleted text end facilities are inadequate, unsafe or inaccessible to the deleted text begin handicappeddeleted text end new text begin disablednew text end ;

deleted text begin (7)deleted text end new text begin (5)new text end an educational plan is prepared, that includes input from both community and
professional staff;

deleted text begin (8)deleted text end new text begin (6) for a group of districts,new text end a combined seniority list for all participating districts
is developed by the joint powers board;

deleted text begin (9)deleted text end new text begin (7) for a group of districts,new text end an education program is developed that provides for
more learning opportunities and course offerings, including the offering of advanced
placement courses, for students than is currently available in any single member district;

deleted text begin (10)deleted text end new text begin (8)new text end a plan is developed for providing instruction of any resident students in
other districts when distance to the deleted text begin secondarydeleted text end education facility makes attendance at the
facility unreasonably difficult or impractical; and

deleted text begin (11)deleted text end new text begin (9) for a secondary facility,new text end the joint powers board established under clause (2)
discusses with technical colleges located in the area how vocational education space in
the cooperative deleted text begin secondarydeleted text end facility could be jointly used for secondary and postsecondary
purposes.

(b) To the extent possible, the joint powers board is encouraged to provide for
severance pay or for early retirement incentives under section 122A.48, for any teacher
or administrator, as defined under section 122A.40, subdivision 1, who is placed on
unrequested leave as a result of the cooperative deleted text begin secondarydeleted text end facility agreement.

(c) For the purpose of paragraph (a), clause deleted text begin (8)deleted text end new text begin (6)new text end , each district must be considered
to have started school each year on the same date.

(d) The districts may develop a plan that provides for the location of social service,
health, and other programs serving pupils and community residents within the cooperative
deleted text begin secondarydeleted text end facility. The commissioner shall consider this plan when preparing a review
and comment on the proposed facility.

(e) The districts must schedule and conduct a meeting on library services. The
school districts, in cooperation with the regional public library system and its appropriate
member libraries, must discuss the possibility of including jointly operated library services
at the cooperative deleted text begin secondarydeleted text end facility.

(f) The board of a district that has reorganized under section 123A.37 or 123A.48
and that is applying for a grant for remodeling or improving an existing facility may act in
the place of a joint powers board to meet the criteria of this subdivision.

Subd. 3.

Reorganizing districts.

A district that is a member of a joint powers
board established under subdivision 2 and that is planning to reorganize under section
123A.45, 123A.46, or 123A.48 must notify the joint powers board one year in advance of
the effective date of the reorganization. Notwithstanding section 471.59 or any other law
to the contrary, the board of a district that reorganizes under section 123A.45, 123A.46, or
123A.48 may appoint representatives to the joint powers board who will serve on the joint
powers board for two years after the effective date of the reorganization if authorized in
the agreement establishing the joint powers board to govern the cooperative deleted text begin secondarydeleted text end
facility. These representatives shall have the same powers as representatives of any other
school district under the joint powers agreement.

Subd. 4.

District procedures.

A joint powers board of a deleted text begin secondarydeleted text end district
established under subdivision 2 or a school board of a reorganized district that intends
to apply for a grant must adopt a resolution stating the proposed costs of the project,
the purpose for which the costs are to be incurred, and an estimate of the dates when
the facilities for which the grant is requested will be contracted for and completed.
Applications for the state grants must be accompanied by (a) a copy of the resolution, (b)
a certificate by the clerk and treasurer of the joint powers board showing the current
outstanding indebtedness of each member district, and (c) a certificate by the county
auditor of each county in which a portion of the joint powers district lies showing the
information in the auditor's official records that is required to be used in computing the
debt limit of the district under section 475.53, subdivision 4. The clerk's and treasurer's
certificate must show, as to each outstanding bond issue of each member district, the
amount originally issued, the purpose for which issued, the date of issue, the amount
remaining unpaid as of the date of the resolution, and the interest rates and due dates
and amounts of principal thereon. Applications and necessary data must be in the
form prescribed by the commissioner deleted text begin and the rules of the State Board of Education
before December 31, 1999, and after December 30, 1999, in the form prescribed by the
commissionerdeleted text end . Applications must be received by the commissioner by September 1 of an
odd-numbered year. When an application is received, the commissioner shall obtain from
the commissioner of revenue, and from the Public Utilities Commission when required,
the information in their official records that is required to be used in computing the debt
limit of the joint powers district under section 475.53, subdivision 4.

Subd. 5.

Award of grants.

By November 1 of the odd-numbered year, the
commissioner shall examine and consider all applications for grants, and if any district is
found not qualified, the commissioner shall promptly notify that board.

A grant award is subject to verification by the district as specified in subdivision
8. A grant award for a new facility must not be made until the site of the deleted text begin secondarydeleted text end
facility has been determined. A grant award to remodel or improve an existing facility
must not be made until the districts have reorganized. If the total amount of the approved
applications exceeds the amount that is or can be made available, the commissioner
shall allot the available amount equally between the approved applicant districts. The
commissioner shall promptly certify to each qualified district the amount, if any, of the
grant awarded to it.

Subd. 6.

Collocation grant.

A group of districts that receives a grant for a new
facility under subdivision 4 is also eligible to receive an additional grant in the amount of
$1,000,000. To receive the additional grant, the group of districts must develop a plan
under subdivision 2, paragraph (d), that provides for the location of a significant number
of noneducational student and community service programs within the cooperative
deleted text begin secondarydeleted text end facility.

Subd. 7.

Referendum; bond issue.

Within 180 days after being awarded a grant
for a new facility under subdivision 5, the joint powers board must submit the question
of authorizing the borrowing of funds for the deleted text begin secondarydeleted text end facility to the voters of the joint
powers district at a special election, which may be held in conjunction with the annual
election of the school board members of the member districts. The question submitted
must state the total amount of funding needed from all sources. A majority of those voting
in the affirmative on the question is sufficient to authorize the joint powers board to accept
the grant and to issue the bonds on public sale deleted text begin in accordance withdeleted text end new text begin according tonew text end chapter
475. The clerk of the joint powers board must certify the vote of the bond election to the
commissioner. If the question is approved by the voters, the commissioner shall notify the
approved applicant districts that the grant amount certified under subdivision 5 is available
and appropriated for payment under this subdivision. If a majority of those voting on the
question do not vote in the affirmative, the grant must be canceled.

Subd. 8.

Contract.

Each grant must be evidenced by a contract between the board
and the state acting through the commissioner. The contract obligates the state to pay to
the board an amount computed according to subdivision 5, and according to a schedule,
and terms and conditions acceptable to the commissioner of finance.

Subd. 9.

Consolidation.

A group of districts that operates a cooperative deleted text begin secondarydeleted text end
facility that was acquired, constructed, remodeled, or improved under this section and
implements consolidation proceedings according to section 123A.48, may propose a
temporary school board structure in the petition or resolution required under section
123A.48, subdivision 2. The districts may propose the number of existing school board
members of each district to become members of the board of the consolidated district
and a method to gradually reduce the membership to six or seven. The proposal must
be approved, disapproved, or modified by the deleted text begin state board of educationdeleted text end new text begin commissionernew text end .
The election requirements of section 123A.48, subdivision 20, do not apply to a
proposal approved by the state board. Elections conducted after the effective date of the
consolidation are subject to the Minnesota Election Law.

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 123B.10, subdivision 1, is amended to read:


Subdivision 1.

Budgets.

deleted text begin By October 1,deleted text end Every board must publish revenue and
expenditure budgets for the current year and the actual revenues, expenditures, fund
balances for the prior year and projected fund balances for the current year in a form
prescribed by the commissionernew text begin within one week of the acceptance of the final audit by
the board, or November 30, whichever is earliernew text end . The forms prescribed must be designed
so that year to year comparisons of revenue, expenditures and fund balances can be made.
These budgets, reports of revenue, expenditures and fund balances must be published in
a qualified newspaper of general circulation in the districtnew text begin or on the district's official
Web site. If published on the district's official Web site, the district must also publish an
announcement in a qualified newspaper of general circulation in the district that includes
the Internet address where the information has been postednew 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 127A.41, subdivision 2, is amended to read:


Subd. 2.

Errors in distribution.

On determining that the amount of state aid
distributed to a school district is in error, the commissioner is authorized to adjust the
amount of aid consistent with this subdivision. On determining that the amount of aid is
in excess of the school district's entitlement, the commissioner is authorized to recover
the amount of the excess by any appropriate means. Notwithstanding the fiscal years
designated by the appropriation, the excess may be recovered by reducing future aid
payments to the district. Notwithstanding any law to the contrary, if the aid reduced is not
of the same type as that overpaid, the district must adjust all necessary financial accounts
to properly reflect all revenues earned in accordance with the uniform financial accounting
and reporting standards pursuant to sections 123B.75 to 123B.83. Notwithstanding the
fiscal years designated by the appropriation, on determining that the amount of an aid paid
is less than the school district's entitlement, the commissioner is authorized to increase
such aid from the current appropriation.new text begin If the aid program has been discontinued and has
no appropriation, the appropriation for general education shall be used for recovery or
payment of the aid decrease or increase. Any excess of aid recovery over aid payment
shall be canceled to the state general fund.new text end

Sec. 8.

Minnesota Statutes 2004, section 181.101, is amended to read:


181.101 WAGES; HOW OFTEN PAID.

Every employer must pay all wages earned by an employee at least once every 31
days on a regular pay day designated in advance by the employer regardless of whether
the employee requests payment at longer intervals. Unless paid earlier, the wages earned
during the first half of the first 31-day pay period become due on the first regular payday
following the first day of work. If wages earned are not paid, the commissioner of labor
and industry or the commissioner's representative may demand payment on behalf of an
employee. If payment is not made within ten days of demand, the commissioner may
charge and collect the wages earned and a penalty in the amount of the employee's average
daily earnings at the rate agreed upon in the contract of employment, not exceeding 15
days in all, for each day beyond the ten-day limit following the demand. Money collected
by the commissioner must be paid to the employee concerned. This section does not
prevent an employee from prosecuting a claim for wages. This section does not prevent
a school district deleted text begin ordeleted text end new text begin , new text end other public school entitynew text begin , or other school, as defined under section
120A.22, new text end from paying any wages earned by its employees during a school year on regular
pay days in the manner provided by an applicable contract or collective bargaining
agreement, or a personnel policy adopted by the governing board. For purposes of this
section, "employee" includes a person who performs agricultural labor as defined in
section 181.85, subdivision 2. For purposes of this section, wages are earned on the
day an employee works.

Sec. 9. new text begin CONSOLIDATED FINANCIAL STATEMENT IMPLEMENTATION.
new text end

new text begin The Department of Education shall pay for the implementation of the consolidated
financial statement system under Minnesota Statutes, section 123B.77, subdivision 1a,
from the department's existing biennial appropriations for fiscal years 2006 and 2007.
 new text end

Sec. 10. new text begin HEALTH AND SAFETY REVENUE USES; BELLE PLAINE.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 123B.57 and 123B.59, upon approval
of the commissioner of education, Independent School District No. 716, Belle Plaine, may
use up to $125,000 of its health and safety revenue raised through an alternative facilities
bond for other qualifying health and safety projects.
 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

ARTICLE 5

STATE AGENCIES

Section 1.

Minnesota Statutes 2004, section 125A.65, subdivision 3, is amended to
read:


Subd. 3.

Educational program; tuition.

new text begin (a) new text end When it is determined pursuant to
section 125A.69, subdivision 1 or 2, that the child is entitled to attend either school,
the board of the Minnesota State Academies must provide the appropriate educational
program for the child.

new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies must make a
tuition charge to the child's district of residence for the cost of providing the program.
The amount of tuition charged must not exceed new text begin the sum of (1) new text end the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child, for the amount of time the child is in the programnew text begin , plus (2), if
the child was enrolled at the Minnesota State Academies on October 1 of the previous
fiscal year, the compensatory education revenue attributable to that child under section
126C.10, subdivision 3new text end . The district of the child's residence must pay the tuition and
may claim general education aid for the child. Tuition received by the board of the
Minnesota State Academies, except for new text begin tuition for compensatory education revenue under
this paragraph and new text end tuition received under subdivision 4, must be deposited in the state
treasury as provided in subdivision 8.

new text begin (c) For fiscal year 2007 and later, the district of the child's residence shall
claim general education revenue for the child, except as provided in this paragraph.
Notwithstanding section 127A.47, subdivision 1, an amount equal to the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child for the amount of time the child is in the program, as adjusted
according to subdivision 8, paragraph (d), must be paid to the Minnesota State Academies.
Notwithstanding section 126C.15, subdivision 2, paragraph (d), the compensatory
education revenue under section 126C.10, subdivision 3, attributable to children enrolled at
the Minnesota State Academies on October 1 of the previous fiscal year must be paid to the
Minnesota State Academies. General education aid paid to the Minnesota State Academies
under this paragraph must be credited to their general operation account. Other general
education aid attributable to the child must be paid to the district of the child's residence.
 new text end

Sec. 2.

Minnesota Statutes 2004, section 125A.65, subdivision 4, is amended to read:


Subd. 4.

Unreimbursed costs.

new text begin (a) For fiscal year 2006, new text end in addition to the tuition
charge allowed in subdivision 3, the academies may charge the child's district of residence
for the academy's unreimbursed cost of providing an instructional aide assigned to that
child,new text begin after deducting the special education aid under section 125A.76, attributable to the
child,new text end if that aide is required by the child's individual education plan. Tuition received
under this paragraph must be used by the academies to provide the required service.

new text begin (b) For fiscal year 2007 and later, the special education aid paid to the academies
shall be increased by the academy's unreimbursed cost of providing an instructional
aide assigned to a child, after deducting the special education aid under section 125A.76
attributable to the child, if that aide is required by the child's individual education plan.
Aid received under this paragraph must be used by the academies to provide the required
service.
 new text end

new text begin (c) For fiscal year 2007 and later, the special education aid paid to the district of
the child's residence shall be reduced by the amount paid to the academies for district
residents under paragraph (b).
 new text end

new text begin (d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008,
the commissioner shall make an estimated final adjustment payment to the Minnesota
State Academies for general education aid and special education aid for the prior fiscal
year by August 15.
 new text end

Sec. 3.

Minnesota Statutes 2004, section 125A.65, subdivision 6, is amended to read:


Subd. 6.

Tuition reduction.

Notwithstanding the provisions of subdivisions 3 and
5, the board of the Minnesota State Academies may agree to make a tuition chargenew text begin , or
receive an aid adjustment, as applicable,new text end for less than the amount specified in subdivision
3 for pupils attending the applicable school who are residents of the district where the
institution is located and who do not board at the institution, if that district agrees to make
a tuition charge to the board of the Minnesota State Academies for less than the amount
specified in subdivision 5 for providing appropriate educational programs to pupils
attending the applicable school.

Sec. 4.

Minnesota Statutes 2004, section 125A.65, subdivision 8, is amended to read:


Subd. 8.

Student count; tuition.

(a) On May 1, 1996, and each year thereafter,
the board of the Minnesota State Academies shall count the actual number of Minnesota
resident special education eligible students enrolled and receiving education services at the
Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.

new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies shall deposit in
the state treasury an amount equal to all tuition received new text begin for the basic revenue according to
subdivision 3, new text end less the amount calculated in paragraph deleted text begin (b)deleted text end new text begin (c)new text end .

deleted text begin (b)deleted text end new text begin (c) For fiscal year 2006,new text end the Minnesota State Academies shall credit to their
general operation account an amount equal to the tuition received which represents tuition
earned for the total number of students over 175 based on:

(1) the total number of enrolled students on May 1 less 175; times

(2) the ratio of the number of students in that grade category to the total number of
students on May 1; times

(3) the general education revenue formula allowance; times

(4) the pupil unit weighting factor pursuant to section 126C.05.

new text begin (d) For fiscal year 2007 and later, the Minnesota State Academies shall report to
the department the number of students by grade level counted according to paragraph (a).
The amount paid to the Minnesota State Academies under subdivision 3, paragraph (c),
must be reduced by an amount equal to:
 new text end

new text begin (1) the ratio of 175 to the total number of students on May 1; times
 new text end

new text begin (2) the total basic revenue determined according to subdivision 3, paragraph (c).
 new text end

Sec. 5.

Minnesota Statutes 2004, section 125A.65, subdivision 10, is amended to read:


Subd. 10.

Annual appropriation.

There is annually appropriated to the department
for the Minnesota State Academies the tuition new text begin or aid payment new text end amounts received and
credited to the general operation account of the academies under this section. A balance
in an appropriation under this paragraph does not cancel but is available in successive
fiscal years.

Sec. 6.

Minnesota Statutes 2004, section 125A.69, subdivision 3, is amended to read:


Subd. 3.

Out-of-state admissions.

An applicant from another state who can benefit
from attending either academy may be admitted to the academy if the admission does not
prevent an eligible Minnesota resident from being admitted. The board of the Minnesota
State Academies must obtain reimbursement from the other state for the costs of the
out-of-state admission. The state board may enter into an agreement with the appropriate
authority in the other state for the reimbursement. Money received from another state
must be deposited in the deleted text begin generaldeleted text end new text begin special revenuenew text end fund and credited to the general operating
account of the academies. The money is appropriated to the academies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from fiscal year 2001.
 new text end

ARTICLE 6

TECHNICAL AND CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2005 Supplement, section 120B.11, subdivision 2, is
amended to read:


Subd. 2.

Adopting policies.

deleted text begin (a)deleted text end A school board shall have in place an adopted
written policy that includes the following:

(1) district goals for instruction including the use of best practices, district and
school curriculum, and achievement for all student subgroups;

(2) a process for evaluating each student's progress toward meeting academic
standards and identifying the strengths and weaknesses of instruction and curriculum
affecting students' progress;

(3) a system for periodically reviewing and evaluating all instruction and curriculum;

(4) a plan for improving instruction, curriculum, and student achievement; and

(5) an education effectiveness plan aligned with section 122A.625 that integrates
instruction, curriculum, and technology.

Sec. 2.

Minnesota Statutes 2004, section 121A.15, subdivision 10, is amended to read:


Subd. 10.

Requirements for immunization statements.

new text begin (a) new text end A statement required
to be submitted under subdivisions 1, 2, and 4 to document evidence of immunization
shall include month, day, and year for immunizations administered after January 1, 1990.

deleted text begin (a) For persons enrolled in grades 7 and 12 during the 1996-1997 school term, the
statement must indicate that the person has received a dose of tetanus and diphtheria
toxoid no earlier than 11 years of age.
 deleted text end

deleted text begin (b) Except as specified in paragraph (e), for persons enrolled in grades 7, 8, and 12
during the 1997-1998 school term, the statement must indicate that the person has received
a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.
 deleted text end

deleted text begin (c) Except as specified in paragraph (e), for persons enrolled in grades 7 through
12 during the 1998-1999 school term and for each year thereafter, the statement must
indicate that the person has received a dose of tetanus and diphtheria toxoid no earlier
than 11 years of age.
 deleted text end

deleted text begin (d) For persons enrolled in grades 7 through 12 during the 1996-1997 school year
and for each year thereafter, the statement must indicate that the person has received at
least two doses of vaccine against measles, mumps, and rubella, given alone or separately
and given not less than one month apart.
 deleted text end

deleted text begin (e) deleted text end new text begin (b) new text end A person who has received at least three doses of tetanus and diphtheria
toxoids, with the most recent dose given after age six and before age 11, is not required to
have additional immunization against diphtheria and tetanus until ten years have elapsed
from the person's most recent dose of tetanus and diphtheria toxoid.

deleted text begin (f) deleted text end new text begin (c) new text end The requirement for hepatitis B vaccination shall apply to persons enrolling in
kindergarten beginning with the 2000-2001 school term.

deleted text begin (g) deleted text end new text begin (d) new text end The requirement for hepatitis B vaccination shall apply to persons enrolling
in grade 7 beginning with the 2001-2002 school term.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 123B.04, subdivision 2, is
amended to read:


Subd. 2.

Agreement.

(a) Upon the request of 60 percent of the licensed employees
of a site or a school site decision-making team, the school board shall enter into
discussions to reach an agreement concerning the governance, management, or control of
the school. A school site decision-making team may include the school principal, teachers
in the school or their designee, other employees in the school, representatives of pupils
in the school, or other members in the community. A school site decision-making team
must include at least one parent of a pupil in the school. For purposes of formation of a
new site, a school site decision-making team may be a team of teachers that is recognized
by the board as a site. The school site decision-making team shall include the school
principal or other person having general control and supervision of the school. The site
decision-making team must reflect the diversity of the education site. At least one-half
of the members shall be employees of the district, unless an employee is the parent of a
student enrolled in the school site, in which case the employee may elect to serve as a
parent member of the site team.

(b) School site decision-making agreements must delegate powers, duties, and
broad management responsibilities to site teams and involve staff members, students as
appropriate, and parents in decision making.

(c) An agreement shall include a statement of powers, duties, responsibilities, and
authority to be delegated to and within the site.

(d) An agreement may include:

(1) an achievement contract according to subdivision 4;

(2) a mechanism to allow principals, a site leadership team, or other persons having
general control and supervision of the school, to make decisions regarding how financial
and personnel resources are best allocated at the site and from whom goods or services
are purchased;

(3) a mechanism to implement parental involvement programs under section
124D.895 and to provide for effective parental communication and feedback on this
involvement at the site level;

(4) a provision that would allow the team to determine who is hired into licensed
and nonlicensed positions;

(5) a provision that would allow teachers to choose the principal or other person
having general control;

(6) an amount of revenue allocated to the site under subdivision 3; and

(7) any other powers and duties determined appropriate by the board.

The school board of the district remains the legal employer under clauses (4) and (5).

(e) Any powers or duties not delegated to the school site management team in the
school site management agreement shall remain with the school board.

(f) Approved agreements shall be filed with the commissioner. If a school board
denies a request or the school site and school board fail to reach an agreement to enter
into a school site management agreement, the school board shall provide a copy of the
request and the reasons for its denial to the commissioner.

(g) A site decision-making grant program is established, consistent with this
subdivision, to allow sites to implement an agreement that at least:

(1) notwithstanding subdivision 3, allocates to the site all revenue that is attributable
to the students at that site;

(2) new text begin includes new text end a provision, consistent with current law and the collective bargaining
agreement in effect, new text begin that new text end allows the site team to decide who is selected from within the
district for licensed and nonlicensed positions at the site and to make staff assignments
in the site; and

(3) includes a completed performance agreement under subdivision 4.

The commissioner shall establish the form and manner of the application for a grant
and annually, at the end of each fiscal year, report to the house of representatives and
senate committees having jurisdiction over education on the progress of the program.

Sec. 4.

Minnesota Statutes 2004, section 125A.62, subdivision 1, is amended to read:


Subdivision 1.

Governance.

The board of the Minnesota State Academies shall
govern the State deleted text begin Academiesdeleted text end new text begin Academynew text end for the Deaf and the State Academy for the Blind.
The board must promote academic standards based on high expectation and an assessment
system to measure academic performance toward the achievement of those standards. The
board must focus on the academies' needs as a whole and not prefer one school over the
other. The board of the Minnesota State Academies shall consist of nine persons. The
members of the board shall be appointed by the governor with the advice and consent of
the senate. One member must be from the seven-county metropolitan area, one member
must be from greater Minnesota, and one member may be appointed at-large. The board
must be composed of:

(1) one present or former superintendent of an independent school district;

(2) one present or former special education director;

(3) the commissioner of education or the commissioner's designee;

(4) one member of the blind community;

(5) one member of the deaf community;

(6) two members of the general public with business, administrative, or financial
expertise;

(7) one nonvoting, unpaid ex officio member appointed by the site council for the
State Academy for the Deaf; and

(8) one nonvoting, unpaid ex officio member appointed by the site council for the
State Academy for the Blind.

Sec. 5.

Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 24, is
amended to read:


Subd. 24.

Equity revenue.

(a) A school district qualifies for equity revenue if:

(1) the school district's adjusted marginal cost pupil unit amount of basic revenue,
supplemental revenue, transition revenue, and referendum revenue is less than the value of
the school district at or immediately above the 95th percentile of school districts in its
equity region for those revenue categories; and

(2) the school district's administrative offices are not located in a city of the first
class on July 1, 1999.

(b) Equity revenue for a qualifying district that receives referendum revenue under
section 126C.17, subdivision 4, equals the product of (1) the district's adjusted marginal
cost pupil units for that year; times (2) the sum of (i) $13, plus (ii) $75, times the school
district's equity index computed under subdivision 27.

(c) Equity revenue for a qualifying district that does not receive referendum revenue
under section 126C.17, subdivision 4, equals the product of the district's adjusted marginal
cost pupil units for that year times $13.

(d) A school district's equity revenue is increased by the greater of zero or an amount
equal to the district's resident marginalnew text begin costnew text end pupil units times the difference between ten
percent of the statewide average amount of referendum revenue per resident marginal cost
pupil unit for that year and the district's referendum revenue per resident marginal cost
pupil unit. A school district's revenue under this paragraph must not exceed $100,000 for
that year.

(e) A school district's equity revenue for a school district located in the metro equity
region equals the amount computed in paragraphs (b), (c), and (d) multiplied by 1.25.

(f) For fiscal year 2007 and later, notwithstanding paragraph (a), clause (2), a school
district that has per pupil referendum revenue below the 95th percentile qualifies for
additional equity revenue equal to $46 times its adjusted marginal cost pupil unit.

(g) A district that does not qualify for revenue under paragraph (f) qualifies for
equity revenue equal to one-half of the per pupil allowance in paragraph (f) times its
adjusted marginal cost pupil units.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 626.556, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care, a
person who has a significant relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341, who by act or omission
commits or attempts to commit an act against a child under their care that constitutes
any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825. Abuse does not include
reasonable and moderate physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Abuse does not include the use of reasonable
force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
which are not reasonable and moderate include, but are not limited to, any of the following
that are done in anger or without regard to the safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control
or punish the child; or other substances that substantially affect the child's behavior,
motor coordination, or judgment or that results in sickness or internal injury, or subjects
the child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" meansnew text begin :new text end

new text begin (1) new text end a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; deleted text begin or
deleted text end

new text begin (2)new text end a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

new text begin (3) new text end a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

ARTICLE 7

EARLY CHILDHOOD PROVISIONS

Section 1.

Minnesota Statutes 2004, section 119A.50, subdivision 1, is amended to read:


Subdivision 1.

Department of Education.

The Department of Education is the
state agency responsible for administering the Head Start program. The commissioner
of education deleted text begin may make grantsdeleted text end new text begin shall allocate funds according to the formula in section
119A.52 new text end to public or private nonprofit agencies for the purpose of providing supplemental
funds for the federal Head Start program.

Sec. 2.

Minnesota Statutes 2004, section 119A.52, is amended to read:


119A.52 DISTRIBUTION OF APPROPRIATION deleted text begin AND PROGRAM
COORDINATIONdeleted text end .

The commissioner of education must distribute money appropriated for that purpose
to new text begin federally designated new text end Head Start deleted text begin program granteesdeleted text end new text begin programs new text end to expand services and to
serve additional low-income children. deleted text begin Money must be allocated to each project Head Start
grantee in existence on the effective date of Laws 1989, chapter 282.deleted text end Migrant and Indian
reservation deleted text begin granteesdeleted text end new text begin programs new text end must be initially allocated money based on the deleted text begin grantees'deleted text end
new text begin programs' new text end share of federal funds. The remaining money must be initially allocated to the
remaining local agencies based equally on the agencies' share of federal funds and on the
proportion of eligible children in the agencies' service area who are not currently being
served. A Head Start grantee must be funded at a per child rate equal to its contracted,
federally funded base level deleted text begin for program accounts 20, 22, and 25deleted text end at the start of the fiscal
year. In allocating funds under this paragraph, the commissioner of education must assure
that each Head Start deleted text begin granteedeleted text end new text begin program in existence in 1993 new text end is allocated no less funding
in any fiscal year than was allocated to that deleted text begin granteedeleted text end new text begin program new text end in fiscal year 1993. deleted text begin The
commissioner may provide additional funding to grantees for start-up costs incurred by
grantees due to the increased number of children to be served.deleted text end Before paying money to
the deleted text begin granteesdeleted text end new text begin programsnew text end , the commissioner must notify each deleted text begin granteedeleted text end new text begin program new text end of its initial
allocation, how the money must be used, and the number of low-income children deleted text begin that
mustdeleted text end new text begin to new text end be served with the allocationnew text begin based upon the federally funded per child ratenew text end .
Each deleted text begin granteedeleted text end new text begin program new text end must present a deleted text begin workdeleted text end plan deleted text begin to the commissioner for approval. The
work plan must include the estimated number of low-income children and families it will
be able to serve, a description of the program design and service delivery area which
meets the needs of and encourages access by low-income working families, a program
design that ensures fair and equitable access to Head Start services for all populations and
parts of the service area, and a plan for coordinating services to maximize assistance
for child care costs available to families under chapter 119B.deleted text end new text begin under section 119A.535.
new text end For any grantee that cannot utilize its full allocation, the commissioner must reduce the
allocation proportionately. Money available after the initial allocations are reduced must
be redistributed to eligible grantees.

Sec. 3.

Minnesota Statutes 2004, section 119A.53, is amended to read:


119A.53 FEDERAL REQUIREMENTS.

deleted text begin Granteesdeleted text end new text begin Programs new text end and the commissioner shall comply with federal regulations
governing the federal Head Start program, except for funding for innovative initiatives
under section , which may be used to
operate differently than federal Head Start regulations. If a state statute or rule conflicts
with a federal statute or regulation, the state statute or rule prevails.

Sec. 4.

new text begin [119A.535] APPLICATION REQUIREMENTS.
 new text end

new text begin Eligible Head Start organizations must submit a plan to the department for approval
on a form and in the manner prescribed by the commissioner. The plan must include:
 new text end

new text begin (1) the estimated number of low-income children and families the program will be
able to serve;
 new text end

new text begin (2) a description of the program design and service delivery area which meets the
needs of and encourages access by low-income working families;
 new text end

new text begin (3) a program design that ensures fair and equitable access to Head Start services for
all populations and parts of the service area;
 new text end

new text begin (4) a plan for coordinating services to maximize assistance for child care costs
available to families under chapter 119B; and
 new text end

new text begin (5) identification of regular Head Start, early Head Start, and innovative services
based upon demonstrated needs to be provided.
 new text end

Sec. 5.

Minnesota Statutes 2004, section 119A.545, is amended to read:


119A.545 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.

The commissioner of education may waive requirements under sections 119A.50
to deleted text begin 119A.53deleted text end new text begin 119A.535new text end , for up to nine months after the disaster, for Head Start deleted text begin granteesdeleted text end
new text begin programs new text end in areas where a federal disaster has been declared under United States Code,
title 42, section 5121, et seq., or the governor has exercised authority under chapter 12.
The commissioner shall notify the chairs of the new text begin appropriate new text end senate deleted text begin Family and Early
Childhood Education Budget Division, the senate Education Finance Committee, thedeleted text end new text begin and
new text end house deleted text begin Family and Early Childhood Education Finance Division, the house Education
Committee, and the house Ways and Means Committeedeleted text end new text begin committees new text end ten days before the
effective date of any waiver granted under this section.

Sec. 6.

Minnesota Statutes 2004, section 121A.17, subdivision 3, is amended to read:


Subd. 3.

Screening program.

(a) A screening program must include at least the
following components: developmental assessments, hearing and vision screening or
referral, immunization review and referral, the child's height and weight, identification
of risk factors that may influence learning, an interview with the parent about the child,
and referral for assessment, diagnosis, and treatment when potential needs are identified.
The district and the person performing or supervising the screening must provide a
parent or guardian with clear written notice that the parent or guardian may decline to
answer questions or provide information about family circumstances that might affect
development and identification of risk factors that may influence learning. The notice
must clearly state that declining to answer questions or provide information does not
prevent the child from being enrolled in kindergarten or first grade if all other screening
components are met. If a parent or guardian is not able to read and comprehend the written
notice, the district and the person performing or supervising the screening must convey
the information in another manner. The notice must also inform the parent or guardian
that a child need not submit to the district screening program if the child's health records
indicate to the school that the child has received comparable developmental screening
performed within the preceding 365 days by a public or private health care organization or
individual health care provider. The notice must be given to a parent or guardian at the
time the district initially provides information to the parent or guardian about screening
and must be given again at the screening location.

(b) new text begin The social/emotional component of the developmental assessment must be
completed using a social/emotional screening instrument approved by the commissioner
of education, and consistent with the standards of the commissioners of health and human
services.
new text end

new text begin (c) new text end All screening components shall be consistent with the standards of the state
commissioner of health for early developmental screening programs. A developmental
screening program must not provide laboratory tests or a physical examination to any
child. The district must request from the public or private health care organization or the
individual health care provider the results of any laboratory test or physical examination
within the 12 months preceding a child's scheduled screening.

deleted text begin (c)deleted text end new text begin (d)new text end If a child is without health coverage, the school district must refer the child to
an appropriate health care provider.

deleted text begin (d)deleted text end new text begin (e)new text end A board may offer additional components such as nutritional, physical and
dental assessments, review of family circumstances that might affect development, blood
pressure, laboratory tests, and health history.

deleted text begin (e)deleted text end new text begin (f)new text end If a statement signed by the child's parent or guardian is submitted to the
administrator or other person having general control and supervision of the school that
the child has not been screened because of conscientiously held beliefs of the parent
or guardian, the screening is not required.

Sec. 7.

Minnesota Statutes 2005 Supplement, section 121A.17, subdivision 5, is
amended to read:


Subd. 5.

Developmental screening program information.

The board must inform
each resident family with a child eligible to participate in the developmental screening
program about the availability of the program and the state's requirement that a child
receive a developmental screening or provide health records indicating that the child
received a comparable developmental screening from a public or private health care
organization or individual health care provider not later than 30 days after the first
day of attending kindergarten in a public school. A school district must inform all
resident families with eligible children under age seven that their children may receive a
developmental screening conducted either by the school district or by a public or private
health care organization or individual health care providernew text begin , and that if a statement signed
by the child's parent or guardian is submitted to the administrator or other person having
general control and supervision of the school that the child has not been screened because
of conscientiously held beliefs of the parent or guardian, the screening is not requirednew text end .

Sec. 8.

Minnesota Statutes 2004, section 124D.13, subdivision 2, is amended to read:


Subd. 2.

Program characteristics.

new text begin (a) new text end Early childhood family education programs
are programs for children in the period of life from birth to kindergarten, for the parentsnew text begin
and other relativesnew text end of deleted text begin suchdeleted text end new text begin thesenew text end children, and for expectant parents. To the extent
that funds are insufficient to provide programs for all children, early childhood family
education programs should emphasize programming for a child from birth to age three
and encourage parentsnew text begin and other relativesnew text end to involve four- and five-year-old children in
school readiness programs, and other public and nonpublic early learning programs. Early
childhood family education programs may include the following:

(1) programs to educate parentsnew text begin and other relativesnew text end about the physical, mental,
and emotional development of children;

(2) programs to enhance the skills of parentsnew text begin and other relativesnew text end in providing for
their children's learning and development;

(3) learning experiences for children and parentsnew text begin and other relativesnew text end that promote
children's development;

(4) activities designed to detect children's physical, mental, emotional, or behavioral
problems that may cause learning problems;

(5) activities and materials designed to encourage self-esteem, skills, and behavior
that prevent sexual and other interpersonal violence;

(6) educational materials which may be borrowed for home use;

(7) information on related community resources;

(8) programs to prevent child abuse and neglect;

(9) other programs or activities to improve the health, development, and school
readiness of children; or

(10) activities designed to maximize development during infancy.

The programs must not include activities for children that do not require substantial
involvement of the children's parentsnew text begin or other relativesnew text end . The programs must be reviewed
periodically to assure the instruction and materials are not racially, culturally, or sexually
biased. The programs must encourage parents to be aware of practices that may affect
equitable development of children.

new text begin (b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.
 new text end

Sec. 9.

Minnesota Statutes 2004, section 124D.13, subdivision 3, is amended to read:


Subd. 3.

Substantial parental involvement.

The requirement of substantial
parentalnew text begin new text end new text begin or other relativenew text end involvement in subdivision 2 means that:

(a) parentsnew text begin or other relativesnew text end must be physically present much of the time in classes
with their children or be in concurrent classes;

(b) parenting education or family education must be an integral part of every early
childhood family education program;

(c) early childhood family education appropriations must not be used for traditional
day care or nursery school, or similar programs; and

(d) the form of parent involvement common to kindergarten, elementary school, or
early childhood special education programs such as parent conferences, newsletters, and
notes to parents do not qualify a program under subdivision 2.

Sec. 10.

Minnesota Statutes 2005 Supplement, section 124D.175, is amended to read:


124D.175 MINNESOTA EARLY LEARNING FOUNDATION PROPOSAL.

(a) The commissioner must implement an early childhood development grant
program for low-income and other challenged families that increases the effectiveness
and expands the capacity of public and nonpublic early childhood development programs,
which may include child care programs, and leads to improved early childhood parent
education and children's kindergarten readiness. The program must include:

(1) grant awards to existing early childhood development program providers that
also provide parent education programs and to qualified providers proposing to implement
pilot programs for this same purpose;

(2) grant awards to enable low-income families to participate in these programs;

(3) grant awards to improve overall programmatic quality; and

(4) an evaluation of the programmatic and financial efficacy of all these programs,
which may be performed using measures of services, staffing, and management systems
that provide consistent information about system performance, show trends, confirm
successes, and identify potential problems in early childhood development programs.

This grant program must not supplant existing early childhood development programs
or child care funds.

(b) The commissioner must deleted text begin contract withdeleted text end new text begin make a grant tonew text end a private nonprofit, section
501(c)(3) organization to implement the requirements of paragraph (a). new text begin Notwithstanding
any laws to the contrary, the private nonprofit organization may contract with the
University of Minnesota for purposes of implementing paragraph (a), clause (4).new text end The
private nonprofit organization must be governed by a board of new text begin up to 19 new text end directors composed
of members from the public and nonpublic sectors, where the nonpublic sector members
compose a deleted text begin simpledeleted text end majority of board members deleted text begin and where the public sector members are
state and local government officials, kindergarten through grade 12 or postsecondary
educators, and early childhood providers appointed by the governordeleted text end . Membership on the
board of directors by a state agency official are work duties for the official and are not a
conflict of interest under section 43A.38. The board of directors must appoint an executive
director and must seek advice from geographically deleted text begin anddeleted text end new text begin ,new text end ethnicallynew text begin , and economicallynew text end
diverse parents of young children and representatives of early childhood development
providers, kindergarten through grade 12 and postsecondary educators, public libraries,
and the business sector.

new text begin The governor shall appoint up to seven voting members that include representatives
of:
 new text end

new text begin (1) kindergarten through grade 12 or postsecondary educators;
 new text end

new text begin (2) early childhood development providers, including child care providers;
 new text end

new text begin (3) local school boards;
 new text end

new text begin (4) nonprofit organizations with expertise in early childhood development; and
 new text end

new text begin (5) federal early childhood programs serving low-income children.
new text end

new text begin The governor shall ensure that, to the extent possible, the board of directors is
balanced according to geography, race, ethnicity, age, gender, and economic status.
 new text end

new text begin The commissioners of education and human services shall be nonvoting members
of the private nonprofit organization. The speaker of the house of representatives, the
minority leader of the house of representatives, the majority leader of the senate, and the
minority leader of the senate shall each appoint a legislator to be nonvoting members of
the board.
 new text end

The board of directors is subject to the open meeting law under chapter 13D.
All other terms and conditions under which board members serve and operate must be
described in the articles and bylaws of the organization. The private nonprofit organization
is not a state agency and is not subject to laws governing public agencies except the
provisions of chapter 13, salary limits under section 15A.0815, subdivision 2, and audits
by the legislative auditor under chapter 3 apply.

(c) This section expires June 30, 2011. If no state appropriation is made for purposes
of this section, the commissioner must not implement paragraphs (a) and (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section, paragraph (b), is effective retroactively from
July 1, 2005.
 new text end

Sec. 11.

Minnesota Statutes 2004, section 245A.023, is amended to read:


245A.023 IN-SERVICE TRAINING.

new text begin (a) new text end For purposes of child care centers, in-service training must be completed within
the license period for which it is required. In-service training completed by staff persons
as required must be transferable upon a staff person's change in employment to another
child care program. License holders shall record all staff in-service training on forms
prescribed by the commissioner of human services.

new text begin (b) For purposes of family and group family child care, the license holder and each
primary caregiver must complete 12 hours of training each year. For purposes of this
section, a primary caregiver is an adult caregiver who provides services in the licensed
setting more than 30 days in any 12-month period.
 new text end

Sec. 12.

Minnesota Statutes 2004, section 245A.14, is amended by adding a
subdivision to read:


new text begin Subd. 9a. new text end

new text begin Early childhood development training. new text end

new text begin (a) For purposes of child
care centers, the director and all staff hired after July 1, 2006, shall complete and
document at least two hours of early childhood development training within the first year
of employment. Training completed under this subdivision may be used to meet the
requirements of Minnesota Rules, part 9503.0035, subparts 1 and 4.
 new text end

new text begin (b) For purposes of family and group family child care, the license holder and
each adult caregiver who provides care in the licensed setting more than 30 days in any
12-month period shall complete and document at least two hours of early childhood
development training within the first year of licensure or employment. Training completed
under this subdivision may be used to meet the requirements of Minnesota Rules, part
9502.0385, subparts 2 and 3.
 new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), individuals are exempt from this
requirement if they:
 new text end

new text begin (1) have taken a three-credit course on early childhood development within the
past five years;
 new text end

new text begin (2) have received a baccalaureate or masters degree in early childhood education or
school age child care within the past five years;
 new text end

new text begin (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an
early childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or
 new text end

new text begin (4) have received a baccalaureate degree with a Montessori certificate within the
past five years.
 new text end

Sec. 13.

Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
5, is amended to read:



Subd. 5. Head Start program. For Head Start programs under Minnesota Statutes,
section 119A.52:

$
19,100,000
.....
 2006
$
19,100,000
.....
 2007

new text begin Any balance in the first year does not cancel but is available in the second year.
 new text end

Sec. 14. new text begin EARLY CHILDHOOD AND EARLY ELEMENTARY GRADE
INTEGRATION.
new text end

new text begin For fiscal years 2007 through 2017, a school district, charter school, Head Start
program, or any relevant public or private entity may work together to develop a pilot
program to demonstrate the efficacy of integrating early childhood education and care with
early elementary grades. A district, charter school, or Head Start program that develops
an early childhood integration pilot program must use existing funds to pay for the pilot
program's cost. School districts, charter schools, Head Start programs, and public or
private entities that participate in this pilot program are encouraged to enter into an
agreement to provide early education and care for children under a unified administrative
structure that establishes an education continuum for children during the prekindergarten,
kindergarten, and postkindergarten years through grade 3. A copy of the agreement
must be sent to the commissioner of education. School districts, charter schools, Head
Start programs, and public or private entities that participate in this pilot program are
encouraged to provide for the education, support, and empowerment of parents and special
education for children as needed.
 new text end

new text begin This provision does not supercede existing agreements and arrangements between
school districts or schools and early childhood education programs that are permitted
under existing law.
 new text end

Sec. 15. new text begin RAMSEY COUNTY CHILD CARE PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization for pilot project. new text end

new text begin The commissioner of human
services shall approve a pilot project in Ramsey County that will help teen parents remain
in school and complete the student's education while providing child care assistance for
the student's child. The pilot project shall increase coordination between services from
the Minnesota family investment program, the child care assistance program, and area
public schools with the goal of removing barriers that prevent teen parents from pursuing
educational goals.
 new text end

new text begin Subd. 2. new text end

new text begin Program design and implementation. new text end

new text begin The Ramsey County child care
pilot project shall be established to improve the coordination of services to teen parents.
The pilot project shall:
 new text end

new text begin (1) provide a streamlined process for sharing information between the Minnesota
family investment program under Minnesota Statutes, chapter 256J, the child care
assistance program under Minnesota Statutes, chapter 119B, and public schools in
Ramsey County;
 new text end

new text begin (2) determine eligibility for child care assistance using the teen parent's eligibility
for reduced-cost or free school lunches in place of income verification; and
 new text end

new text begin (3) waive the child care parent fee under Minnesota Statutes, section 119B.12,
subdivision 2, for teen parents whose income is below poverty level and whose children
attend school-based child care centers.
 new text end

new text begin Subd. 3. new text end

new text begin Costs. new text end

new text begin Increased costs incurred under this section shall not increase the
basic sliding fee appropriation and shall not affect funds available for distribution under
Minnesota Statutes, sections 119B.06 and 119B.08.
 new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 119A.51, new text end new text begin is repealed.
 new text end