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Minnesota Legislature

Office of the Revisor of Statutes

SF 2994

4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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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, early childhood, and
technical and conforming amendments; 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.023; 120B.024; 121A.035; 121A.15, subdivision 10; 123A.06,
subdivision 2; 123B.10, subdivision 1; 123B.77, subdivision 3, by adding
a subdivision; 123B.91, by adding a subdivision; 124D.02, subdivisions 2,
4; 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; 126C.05, subdivision 1; 126C.10, subdivision 6, by
adding subdivisions; 126C.21, by adding a subdivision; 126C.44; 127A.41,
subdivision 2; 181.101; 299F.30; 626.556, subdivision 3c; Minnesota Statutes
2005 Supplement, sections 120B.021, subdivision 1a; 120B.11, subdivision
2; 120B.131, subdivision 2; 123B.04, subdivision 2; 123B.75, subdivision 5;
123B.76, subdivision 3; 123B.92, subdivisions 1, 5; 124D.095, subdivision
4; 124D.68, subdivision 2; 125A.11, subdivision 1; 125A.79, subdivision 1;
126C.10, subdivisions 24, 31; 126C.17, subdivision 9; 126C.43, subdivision 2;
127A.45, subdivisions 2, 10; 626.556, subdivision 2; Laws 2005, First Special
Session chapter 5, article 2, sections 81; 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; 125A.515, subdivision 2.

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 endAll 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 endnew text begin; (2)new text end is under 21
years of agedeleted text begin,deleted text endnew text begin or who meets the requirements of paragraph (c);new text end and deleted text beginwhodeleted text endnew 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 endnew text begin (b) Anew text end person shall new text beginnot new text endbe admitted to deleted text beginanydeleted text endnew 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 beginage five to adults 22 and olderdeleted text end who qualify under the graduation
incentives program in section 124D.68, subdivision 2, new text beginthose 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 beginalternative teacher compensation revenue shall be allocated according to section
122A.415, subdivision 1;
new text end

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

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

deleted text begin (6)deleted text endnew 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 endother 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 beginas 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 beginfull-timedeleted text end public school studentsdeleted text begin,deleted text endnew text begin eligible for free enrollment under section
120A.20, subdivision 1, and
new text end shared-time studentsnew text begin shall be given priority over students
seeking enrollment pursuant to this subdivision
new text end, and students returning to complete a
regular course of study shall be given priority over deleted text beginpart-timedeleted text endnew 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 beginpart-timedeleted text end student new text beginenrolled pursuant to
subdivision 2
new text enda 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 beginThe following pupils aredeleted text endnew text begin A pupil under the age of 21 or
who meets the requirements of section 120A.20, subdivision 1, paragraph (c), is
new 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 endnew 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 truant; or

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 begin116L.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

new text begin (12) is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to eligible pupils in the 2005-2006 school year and later.
new 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 beginHowever, 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. new text beginHowever, notwithstanding other provisions of this section, only a
pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative
school that is specifically structured to provide educational services to such a pupil.
new text end

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to eligible programs in the 2005-2006 school year and later.
new text end

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 beginunder the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c),
new text endin 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 beginpublic new text endsecondary 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 beginsecondarydeleted text endnew text begin highnew text end school in the district deleted text beginthat 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 beginandeleted text endnew 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 .04
deleted text endnew text begin the district's
transition for prekindergarten revenue under subdivision 31a
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. 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.17, subdivision 9, is
amended to read:


Subd. 9.

Referendum revenue.

(a) The revenue authorized by section 126C.10,
subdivision 1
, may be increased in the amount approved by the voters of the district at a
referendum called for the purpose. The referendum may be called by the board or shall be
called by the board upon written petition of qualified voters of the district. The referendum
must be conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only one election to approve an increase may be held
in a calendar year. Unless the referendum is conducted by mail under paragraph (g), the
referendum must be held on the first Tuesday after the first Monday in November. The
ballot must state the maximum amount of the increased revenue per resident marginal cost
pupil unit. The ballot may state a schedule, determined by the board, of increased revenue
per resident marginal cost pupil unit that differs from year to year over the number of
years for which the increased revenue is authorizednew text begin or may state that the amount shall
increase annually by the rate of inflation. For this purpose, the rate of inflation shall be the
annual inflationary increase calculated under subdivision 2, paragraph (b)
new text end. The ballot may
state that existing referendum levy authority is expiring. In this case, the ballot may also
compare the proposed levy authority to the existing expiring levy authority, and express
the proposed increase as the amount, if any, over the expiring referendum levy authority.
The ballot must designate the specific number of years, not to exceed ten, for which the
referendum authorization applies. The ballot, including a ballot on the question to revoke
or reduce the increased revenue amount under paragraph (c), must abbreviate the term
"per resident marginal cost pupil unit" as "per pupil." The notice required under section
275.60 may be modified to read, in cases of renewing existing levies:

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for referenda conducted on or after
July 1, 2006.
new text end

Sec. 14.

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 endA district may levy the amount necessary deleted text begin(i)deleted text endnew 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 endnew 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. 15.

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 beginreserved and new text endused
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 beginFor expenditures under clause (1), new text endthe
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 beginThe 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. 16.

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 beginand 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. 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 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. 3.

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 beginThe commissioner must publish new text endbenchmarks deleted text beginare publisheddeleted text end to
inform and guide parents, teachers, school districts, and other interested persons and deleted text beginfordeleted text endnew 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 beginparagraph (d)deleted text endnew text begin
subdivision 2
new text end.

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

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

new text begin Subd. 2. new text end

new text begin Revisions and reviews required. new text end

new text begin (a) The 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. 4.

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


120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.

new text begin (a) new text endStudents 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;

(3) three credits of science, including at least one credit in biology;

(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.

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 (b) An agriculture science course may fulfill a science credit requirement in addition
to the specified science credits in biology and chemistry or physics under paragraph (a),
clause (3).
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 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 beginand earned a satisfactory score on one or more CLEP examinationsdeleted text endnew text begin in the
subject matter of each examination
new text end in the following subjects: composition and literature,
mathematics and science, social sciences and history, foreign languages, and business and
humanities. The state may reimburse each deleted text beginsuccessfuldeleted 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. 6.

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


121A.035 CRISIS MANAGEMENT POLICY.

Subdivision 1.

Model policy.

deleted text beginBy December 1, 1999,deleted text end The commissioner shall
maintain and make available to school boards new text beginand charter schools new text enda 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.30
new text end.

Subd. 2.

School district new text beginand charter school new text endpolicy.

deleted text beginBy July 1, 2000,deleted text end A school
board new text beginand a charter school new text endmust adopt a deleted text begindistrictdeleted 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 beginin consultationdeleted text end new text begincooperatively new text endwith administrators, teachers, employees,
students, parents, community members, law enforcement agencies, new text beginother emergency
management officials,
new text endcounty attorney offices, social service agencies, new text beginemergency medical
responders,
new text endand 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. 7.

new text begin [121A.037] SCHOOL SAFETY DRILLS.
new text end

new text begin Private schools and educational institutions not subject to section 121A.035 must
have 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.
new text end

Sec. 8.

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. 9.

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 endBy 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. 10.

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. 11.

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 beginschool day care facility, new text endrespite 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. 12.

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 beginotherdeleted text endnew text begin thenew text end district employees new text beginlisted in paragraph
(b), clauses (1), (2), and (3),
new text endwho 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. 13.

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 endAn 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 endAn 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 endAn 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. 14.

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 begin80 percent ofdeleted text endnew 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 beginA final payment equal to 20 percent of the amount in
paragraph (a)
deleted text endnew 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 payment
new text end must be made on September 30 of the next fiscal year.

Sec. 15.

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


Subd. 16.

Transportation.

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

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

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

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

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

Sec. 16.

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 beginbe 90 percent ofdeleted text endnew text begin equal the current year aid payment percentage
multiplied by
new 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 begin80 percent ofdeleted text endnew 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. 17.

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


124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.

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

(1) new text beginidentification 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 endto the extent possible, deleted text beginthe 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 endnew text begin (5)new text end in predominantly nonverbal subjects, such as art, music, and physical
education, new text beginpermit new text endpupils of limited English proficiency deleted text beginshall 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. 18.

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 endvisual 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. 19.

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 beginConsistent with sections 121A.035,
121A.037, and this section,
new text endit shall be the duty of the state fire marshal, deputies and
assistants, to require public and private schools and educational institutions to have at
leastdeleted text begin ninedeleted text end new text beginfivenew text end fire drills each school year and to keep all doors and exits unlocked from the
inside of the building during school hours.

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 beginat 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 beginConsistent with section 121A.035 and this
section,
new text endeach 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.
new text end

Sec. 20.

Laws 2005, First Special Session chapter 5, article 2, section 81, is amended
to read:


Sec. 81. BOARD OF SCHOOL ADMINISTRATORS; RULEMAKING
AUTHORITY.


On or before June 30, 2007, the Board of School Administrators may adopt
deleted text begin expediteddeleted text end rules deleted text beginunder Minnesota Statutes, section 14.389,deleted text end to new text beginreflect the changes in duties,
responsibilities, and roles of school administrators under sections 121A.035, 121A.037
and 299F.30, and to
new text endmake technical revisions and clarifications to Minnesota Rules,
chapter 3512.

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

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 beginThe amount of the subsidy for each teacher attending an
deleted text enddeleted text begin advanced placement or international baccalaureate summer training program or workshop
deleted text enddeleted text begin shall be the same. The commissioner shall determine the payment process and the amount
deleted text enddeleted text begin of the subsidy.deleted text endnew 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. 22. new text beginRULE 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. 23. new text beginSCHOOL ACCOUNTABILITY REPORT.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120B.36, for 2006 reporting only,
the Department of Education must make available preliminary school designations and
adequate yearly progress data to schools and school districts by August 15, 2006. The
department must release all school performance report cards and adequate yearly progress
data to the public by September 1, 2006, except it must not release the performance data
of a school or district that submits to the department a written appeal of a designation
by August 31, 2006. The department must not release until November 15, 2006, the
performance data of a school or district that submits a timely appeal unless the school or
district agrees in writing to an earlier date for releasing data.
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. 24. new text beginADVISORY TASK FORCE ON SCHOOL AND STAFF
EMERGENCY/ALL HAZARD PREPAREDNESS.
new text end

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

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

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

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

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

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

new text begin (b) The commissioner of education shall appoint an advisory task force on school
and staff emergency/all hazard preparedness that is composed of a representative from
each of the following entities: the state Board of Teaching; the state Board of School
Administrators; the state fire marshal; law enforcement agencies; emergency responders;
school principals; school counselors; nonlicensed school employees; the Minnesota School
Boards Association; Education Minnesota; the Minnesota Department of Education; the
Minnesota Department of Health; the Minnesota Department of Public Safety; Minnesota
State Colleges and Universities; Minnesota Association of School Administrators; and
others recommended by task force members. Task force members' terms and other task
force matters are subject to Minnesota Statutes, section 15.059. The commissioner may
reimburse task force members from the education department's current operating budget
but may not compensate task force members for task force activities. The task force
must submit by February 15, 2007, to the education policy and finance committees of the
legislature a written report that includes recommendations on strengthening K-12 crisis
management and school safety efforts.
new text end

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

new text begin EFFECTIVE DATE. new text end

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

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 endinstruction deleted text beginindeleted text endnew 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 beginspecial new text endinstruction deleted text beginindeleted text endnew 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 beginordeleted 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 2006
new 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 begincare 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 beginunder Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400
to 9545.1480,
deleted text end or the Department of Corrections deleted text beginunder Minnesota Rules, chapters 2925,
2930, 2935, and 2950
deleted text end. Education programs in these facilities shall conform to state and
federal education laws including the Individuals with Disabilities Education Act (IDEA).new text begin
This section applies only to placements in facilities licensed by the Department of Human
Services or the Department of Corrections.
new text end

Sec. 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 beginfor 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 treatment
deleted text end.

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

(b) If a student placed deleted text beginfor care and treatmentdeleted text endnew 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 begincare and treatmentdeleted text endnew 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 begincare 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 beginWhen a student is placed in a
facility approved under this section,
new text endat 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 beginfor care and treatmentdeleted text end new text beginunder this section new text endare
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 beginplaced in care and treatment
facilities
deleted text endnew 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 beginand placed new text endat home or
in facilities not licensed by the Departments of Corrections or Human Services are deleted text beginnot
students placed for care and treatment
deleted text endnew text begin entitled to regular and special education services
consistent with this section or Minnesota Rules, part 3525.2325
new text end. These students include
students with and without disabilities who are home due to accident or illness, in a
hospital or other medical facility, or in a day treatment center. deleted text beginThese 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 beginSpecial Education Advisory Councildeleted text endnew 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 commissioner
new 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 beginas adjusted according to section 127A.47, subdivisions
7 and 8new text begin new text end
deleted text endnew text beginexcluding 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 beginas adjusted according to section 127A.47, subdivision 7, paragraphs
(a) to (c),
new text endfor 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.

Minnesota Statutes 2004, section 126C.21, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Adjustment for failure to meet federal maintenance of effort. new text end

new text begin The
general education aid paid to a school district or charter school that failed to meet federal
special education maintenance of effort for the previous fiscal year must be reduced by
the amount that must be paid to the federal government due to the shortfall. The amounts
recovered under this subdivision shall be paid to the federal government to meet the
state's obligations resulting from the district's or charter school's failure to meet federal
special education maintenance of effort.
new text end

Sec. 13.

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


Subd. 3c.

deleted text beginAgencydeleted 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 endThe 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) until August 1, 2007, other allegations of maltreatment that are not the
responsibility of another agency. The commissioners of human services, public safety, and
education must jointly submit a written report by February 1, 2007, to the education policy
and finance committees of the legislature recommending the most efficient and effective
allocation of agency responsibility for assessing or investigating reports of maltreatment.
new text end

deleted text begin (2)deleted text end new text begin(b) new text endThe 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 endnew text begin.
new text end

deleted text begin (3)deleted text end new text begin(c) new text endThe 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. 14. new text beginSPECIAL 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. 15. new text begin 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, special education cooperative, or school district that served as an applicant agency
for a group of school districts for federal special education aids for fiscal year 2006 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 applicant district may apply to the commissioner 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 applicant district's methodology for calculating
special education tuition for fiscal years 2006 and 2007, as required by the applicant
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 applicant 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, sections 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. 16. new text beginDEPARTMENT 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. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 125A.515, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 4

FACILITIES, ACCOUNTING, AND TECHNOLOGY

Section 1.

Minnesota Statutes 2004, section 123B.10, subdivision 1, is amended to read:


Subdivision 1.

Budgets.

deleted text beginBy 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 earlier
new 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 posted
new text end.

Sec. 2.

Minnesota Statutes 2005 Supplement, section 123B.75, subdivision 5, is
amended to read:


Subd. 5.

Levy recognition.

(a) "School district tax settlement revenue" means the
current, delinquent, and manufactured home property tax receipts collected by the county
and distributed to the school district.

(b) For fiscal year 2004 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:

(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4
, received in July and August of that calendar year; or

(2) the sum of:

(i) deleted text beginthe greater of 48.6 percent of the referendum levy certified according to section
126C.17, in the prior calendar year or
deleted text end 31 percent of the referendum levy certified
according to section 126C.17, in calendar year 2000; deleted text beginplusdeleted text endnew text begin and
new text end

(ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3,
paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision
6
deleted text begin; plusdeleted text endnew text begin.
new text end

deleted text begin (iii) 48.6 percent of the amount of the levy certified in the prior calendar year
for the school district's general and community service funds, plus or minus auditor's
adjustments, not including levy portions that are assumed by the state, that remains after
subtracting the referendum levy certified according to section deleted text begin126C.17deleted text end and the amount
recognized according to clause (ii).
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. 3.

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. 4.

Minnesota Statutes 2005 Supplement, section 127A.45, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

(a) The term "other district receipts" means payments by
county treasurers pursuant to section 276.10, apportionments from the school endowment
fund pursuant to section 127A.33, apportionments by the county auditor pursuant to
section 127A.34, subdivision 2, and payments to school districts by the commissioner of
revenue pursuant to chapter 298.

(b) The term "cumulative amount guaranteed" means the product of

(1) the cumulative disbursement percentage shown in subdivision 3; times

(2) the sum of

(i) the current year aid payment percentage of the estimated aid and credit
entitlements paid according to subdivision 13; plus

(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus

(iii) the other district receipts.

(c) The term "payment date" means the date on which state payments to districts
are made by the electronic funds transfer method. If a payment date falls on a Saturday,
a Sunday, or a weekday which is a legal holiday, the payment shall be made on the
immediately preceding business day. The commissioner may make payments on dates
other than those listed in subdivision 3, but only for portions of payments from any
preceding payment dates which could not be processed by the electronic funds transfer
method due to documented extenuating circumstances.

new text begin (d) The current year aid payment percentage equals 90.
new 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. 5.

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 beginordeleted text endnew 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.

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 endWhen 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 endthe 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 beginthe sum of (1) new text endthe 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 3
new 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 begintuition for compensatory education revenue under
this paragraph and
new text endtuition 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 endin 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 endthe board of the Minnesota State Academies shall deposit in
the state treasury an amount equal to all tuition received new text beginfor the basic revenue according to
subdivision 3,
new text endless the amount calculated in paragraph deleted text begin(b)deleted text endnew text begin (c)new text end.

deleted text begin (b)deleted text endnew 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 beginor aid payment new text endamounts 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 begingeneraldeleted text endnew 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

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 beginmay make grantsdeleted text end new text beginshall allocate funds according to the formula in section
119A.52
new text endto 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 beginAND PROGRAM
COORDINATION
deleted text end.

The commissioner of education must distribute money appropriated for that purpose
to new text beginfederally designated new text endHead Start deleted text beginprogram granteesdeleted text end new text beginprograms new text endto expand services and to
serve additional low-income children. deleted text beginMoney 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 begingranteesdeleted text end new text beginprograms new text endmust be initially allocated money based on the deleted text begingrantees'deleted text end
new text begin programs' new text endshare 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 beginfor 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 begingranteedeleted text end new text beginprogram in existence in 1993 new text endis allocated no less funding
in any fiscal year than was allocated to that deleted text begingranteedeleted text end new text beginprogram new text endin fiscal year 1993. deleted text beginThe
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 begingranteesdeleted text endnew text begin programsnew text end, the commissioner must notify each deleted text begingranteedeleted text end new text beginprogram new text endof its initial
allocation, how the money must be used, and the number of low-income children deleted text beginthat
must
deleted text end new text beginto new text endbe served with the allocationnew text begin based upon the federally funded per child ratenew text end.
Each deleted text begingranteedeleted text end new text beginprogram new text endmust present a deleted text beginworkdeleted text end plan deleted text beginto 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 beginunder 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 beginPrograms new text endand the commissioner shall comply with federal regulations
governing the federal Head Start program, except for funding for innovative initiatives
under section deleted text begin119A.52deleted text endnew text begin 119A.535 as approved by the commissionernew text end, 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 begin119A.53deleted text endnew text begin 119A.535new text end, for up to nine months after the disaster, for Head Start deleted text begingranteesdeleted text end
new text begin programs new text endin 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 beginappropriate new text endsenate deleted text beginFamily and Early
Childhood Education Budget Division, the senate Education Finance Committee, the
deleted text end new text beginand
new text end house deleted text beginFamily and Early Childhood Education Finance Division, the house Education
Committee, and the house Ways and Means Committee
deleted text end new text begincommittees new text endten days before the
effective date of any waiver granted under this section.

Sec. 6.

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


Subd. 2.

Program characteristics.

new text begin(a) new text endEarly childhood family education programs
are programs for children in the period of life from birth to kindergarten, for the parentsnew text begin
and other relatives
new text end of deleted text beginsuchdeleted text endnew 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. 7.

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 endnew text beginor 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. 8.

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. 9. 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

ARTICLE 7

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 endA 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 endnew text begin (b) new text endA 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 endnew text begin (c) new text endThe 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 endnew text begin(d) new text endThe 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 beginincludes new text enda provision, consistent with current law and the collective bargaining
agreement in effect, new text beginthat new text endallows 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 beginAcademiesdeleted text endnew 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 enda 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 beginor
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 enda 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.