1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; repealing, modifying, and 1.3 expanding certain provisions of the kindergarten 1.4 through grade 12 education code; amending Minnesota 1.5 Statutes 1998, sections 120A.05, by adding 1.6 subdivisions; 120A.22, subdivisions 1 and 5; 120B.11, 1.7 subdivision 5; 120B.22, subdivision 1; 121A.06; 1.8 121A.11, subdivision 1; 121A.15; 121A.26; 121A.27; 1.9 121A.28; 121A.29, subdivision 1; 121A.32, subdivision 1.10 1; 121A.34; 121A.55; 121A.69, subdivision 3; 122A.09, 1.11 subdivision 6; 122A.15; 122A.22; 122A.40, subdivisions 1.12 3, 8, and 19; 122A.41, subdivision 15; 122A.51; 1.13 122A.68, subdivisions 1 and 7; 122A.69; 122A.70, 1.14 subdivision 2; 122A.91; 122A.92; 123B.02, subdivisions 1.15 1 and 2; 123B.04, subdivisions 2 and 5; 123B.09, 1.16 subdivision 8; 123B.143, subdivision 1; 123B.147, as 1.17 amended; 123B.49, subdivision 1; 123B.51, subdivisions 1.18 1 and 5; 123B.83, subdivision 1; 123B.90, subdivision 1.19 1; 124D.02, subdivision 1; 124D.03, subdivision 3; 1.20 124D.09, subdivisions 5, 6, 7, and 12; 124D.10, 1.21 subdivisions 1 and 19; 124D.115, subdivision 3; 1.22 124D.118, subdivisions 2 and 3; 124D.28, subdivision 1.23 1; 124D.29, by adding a subdivision; 124D.30, 1.24 subdivision 3; 124D.34, subdivision 4; 124D.35; 1.25 124D.37; 124D.40, subdivision 2; 124D.41; 124D.42, 1.26 subdivision 7; 124D.46, subdivision 1; 124D.47, 1.27 subdivision 2; 124D.49, subdivision 3; 124D.50, 1.28 subdivisions 2 and 3; 124D.65, subdivision 6; 124D.74, 1.29 subdivision 1; 124D.88, subdivision 2; 124D.892; 1.30 124D.894; 124D.94, subdivision 4; 125B.05, 1.31 subdivisions 1 and 2; 126C.17, subdivision 11; 1.32 126C.31; 127A.05, subdivisions 3 and 4; 127A.06; 1.33 127A.41, subdivision 7; Minnesota Statutes 1999 1.34 Supplement, sections 121A.23, subdivision 1; 122A.40, 1.35 subdivision 5; 122A.58, subdivision 1; 122A.60, 1.36 subdivision 1; 123A.06, subdivision 1; 123B.02, 1.37 subdivision 3; 123B.36, subdivision 1; 123B.43; 1.38 123B.445; 123B.49, subdivision 4; 123B.73, subdivision 1.39 1; 123B.90, subdivision 2; 123B.91, subdivision 1; 1.40 124D.10, subdivisions 6 and 15; 124D.94, subdivision 1.41 2; 125B.20, subdivisions 1 and 4; 126C.05, subdivision 1.42 1; 126C.48, subdivision 8; 127A.05, subdivision 1; 1.43 127A.42, subdivision 2; 129C.10, subdivision 3; 1.44 proposing coding for new law in Minnesota Statutes, 1.45 chapter 122A; repealing Minnesota Statutes 1998, 1.46 sections 120A.41; 120B.10; 120B.11, subdivisions 3, 4, 2.1 and 7; 120B.24; 121A.03, subdivision 3; 121A.11, 2.2 subdivision 2; 121A.16; 121A.32, subdivisions 2, 4, 2.3 and 5; 121A.41, subdivision 3; 122A.162; 122A.19, 2.4 subdivision 2; 122A.32; 122A.33; 122A.40, subdivision 2.5 6; 122A.42; 122A.43, subdivisions 1, 2, 3, 4, and 6; 2.6 122A.45; 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 2.7 122A.56; 122A.57; 122A.71; 122A.72, subdivisions 1, 2, 2.8 3, and 5; 122A.75; 123A.07; 123A.15, subdivision 1; 2.9 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 2.10 10, and 11; 123A.37; 123A.38; 123A.39, subdivisions 1, 2.11 2, and 4; 123A.40; 123A.41, subdivisions 1 and 4; 2.12 123A.43; 123B.02, subdivisions 5, 6, 10, 11, 13, and 2.13 16; 123B.04, subdivision 4; 123B.11; 123B.147, 2.14 subdivisions 1 and 3; 123B.15; 123B.16; 123B.17; 2.15 123B.18; 123B.19; 123B.40; 123B.49, subdivisions 2 and 2.16 3; 123B.51, subdivisions 2, 3, and 4; 123B.744; 2.17 123B.84; 123B.87; 123B.88, subdivisions 11, 13, 18, 2.18 20, and 22; 123B.93; 123B.95, subdivision 3; 124D.02, 2.19 subdivisions 2, 3, and 4; 124D.03, subdivisions 5, 7, 2.20 9, and 10; 124D.06; 124D.07; 124D.081, subdivision 1; 2.21 124D.09, subdivisions 2, 8, 25, and 26; 124D.10, 2.22 subdivision 13; 124D.115, subdivisions 1 and 2; 2.23 124D.118, subdivision 1; 124D.12; 124D.123; 124D.124; 2.24 124D.125; 124D.128, subdivisions 1, 3, 4, 5, and 6; 2.25 124D.31; 124D.34, subdivision 5; 124D.43; 124D.46, 2.26 subdivision 3; 124D.47, subdivision 1; 124D.50, 2.27 subdivisions 1, 2, and 3; 124D.60, subdivision 3; 2.28 124D.65, subdivisions 8, 9, and 10; 124D.68, 2.29 subdivision 1; 124D.72; 124D.81, subdivision 7; 2.30 124D.88, subdivision 1; 124D.895; 124D.90, subdivision 2.31 5; 124D.91; 124D.92; 124D.93, subdivisions 2, 3, and 2.32 6; 125B.02; 125B.07, subdivisions 1 and 5; 125B.09; 2.33 125B.11; 127A.05, subdivision 5; and 127A.41, 2.34 subdivision 4; Minnesota Statutes 1999 Supplement, 2.35 sections 121A.23, subdivision 2; 122A.72, subdivision 2.36 4; 123A.06, subdivision 3; 123A.36, subdivisions 1 and 2.37 2; 123B.02, subdivision 9; 123B.88, subdivisions 12 2.38 and 21; 124D.121; 124D.122; 124D.126; 124D.127; 2.39 124D.128, subdivisions 2 and 7; 124D.93, subdivisions 2.40 1, 4, and 5; and 125B.07, subdivision 3; Minnesota 2.41 Rules, parts 3505.4300; 3520.0400; 3530.2610; 2.42 3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 2.43 3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 2.44 3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 2.45 3530.2642; 3530.2644; 3545.0600; 3545.0700; 3545.0800; 2.46 3545.0900; and 3550.0100. 2.47 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.48 ARTICLE 1 2.49 EDUCATION CODE; COMPULSORY ATTENDANCE 2.50 Section 1. Minnesota Statutes 1998, section 120A.05, is 2.51 amended by adding a subdivision to read: 2.52 Subd. 3a. [CHARTER SCHOOL.] "Charter school" means a 2.53 public school formed according to section 124D.10. 2.54 Sec. 2. Minnesota Statutes 1998, section 120A.05, is 2.55 amended by adding a subdivision to read: 2.56 Subd. 11a. [PUBLIC SCHOOL.] "Public school" means a school 2.57 that receives state funds, provides an education to students 2.58 needed to meet outcomes or standards determined by the state, 3.1 and is accountable for the services it provides to students. 3.2 Sec. 3. Minnesota Statutes 1998, section 120A.22, 3.3 subdivision 1, is amended to read: 3.4 Subdivision 1. [PARENTAL RESPONSIBILITY.] The parent of a 3.5 child is primarily responsible for assuring that the child 3.6 acquires knowledge and skills that are essential for effective 3.7 citizenship and that the child is enrolled in school or receives 3.8 other instruction. 3.9 Sec. 4. Minnesota Statutes 1998, section 120A.22, 3.10 subdivision 5, is amended to read: 3.11 Subd. 5. [AGES AND TERMS.] (a) Every child between seven 3.12 and 16 years of age must receive instruction. Every child under 3.13 the age of seven who is enrolled in a half-day kindergarten, or 3.14 a full-day kindergarten program on alternate days, or other 3.15 kindergarten programs shall receive instruction. Except as 3.16 provided in subdivision 6, a parent may withdraw a child under 3.17 the age of seven from enrollment at any time. 3.18 (b)A school district by annual board action may require3.19children subject to this subdivision to receive instruction in3.20summer school. A district that acts to require children to3.21receive instruction in summer school shall establish at the time3.22of its action the criteria for determining which children must3.23receive instruction.If a school board determines that some 3.24 students in the district must attend summer school, then the 3.25 truancy laws of chapters 260 and 260A apply to the students 3.26 required to attend summer school. 3.27 Sec. 5. [REPEALER.] 3.28 Minnesota Statutes 1998, section 120A.41, is repealed. 3.29 ARTICLE 2 3.30 CURRICULUM AND ASSESSMENT 3.31 Section 1. Minnesota Statutes 1998, section 120B.11, 3.32 subdivision 5, is amended to read: 3.33 Subd. 5. [REPORT.] (a) By October 1 of each year, the 3.34 school board shall use standard statewide reporting procedures 3.35 the commissioner develops and adopt a report that includes the 3.36 following: 4.1 (1) student performance goals for meeting state graduation 4.2 standards adopted for that year; 4.3 (2) results of local assessment data, and any additional 4.4 test data; 4.5 (3) the annual school district improvement plans; 4.6 (4) information about district and learning site progress 4.7 in realizing previously adopted improvement plans; and 4.8 (5) the amount and type of revenue attributed to each 4.9 education site as defined in section 123B.04, subdivision 2. 4.10 (b) The school board shall publish the report in the local 4.11 newspaper with the largest circulation in the district or by 4.12 mail. The board shall make a copy of the report available to 4.13 the public for inspection. The board shall send a copy of the 4.14 report to the commissioner of children, families, and learning 4.15 by October 15 of each year. 4.16 (c) The title of the report shall contain the name and 4.17 number of the school district and read "Annual Report on 4.18 Curriculum, Instruction, and Student Performance."The report4.19must include at least the following information about advisory4.20committee membership:4.21(1) the name of each committee member and the date when4.22that member's term expires;4.23(2) the method and criteria the school board uses to select4.24committee members; and4.25(3) the date by which a community resident must apply to4.26next serve on the committee.4.27 Sec. 2. Minnesota Statutes 1998, section 120B.22, 4.28 subdivision 1, is amended to read: 4.29 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The 4.30 commissioner of children, families, and learning, in 4.31 consultation with the commissioners of health and human 4.32 services, state minority councils, battered women's programs, 4.33 sexual assault centers, representatives of religious 4.34 communities, and the assistant commissioner of the office of 4.35 drug policy and violence prevention, shall assist districts on 4.36 request in developing or implementing a violence prevention 5.1 program for students in kindergarten to grade 12 that can be 5.2 integrated into existing curriculum.The purpose of the program5.3is to help students learn how to resolve conflicts within their5.4families and communities in nonviolent, effective ways.5.5 (b) Each district is encouraged to integrate into its 5.6 existing curriculum a program for violence prevention that 5.7 includes at least: 5.8 (1) a comprehensive, accurate, and age appropriate 5.9 curriculum on violence prevention, nonviolent conflict 5.10 resolution, sexual, racial, and cultural harassment, and student 5.11 hazing that promotes equality, respect, understanding, effective 5.12 communication, individual responsibility, thoughtful decision 5.13 making, positive conflict resolution, useful coping skills, 5.14 critical thinking, listening and watching skills, and personal 5.15 safety; 5.16 (2) planning materials, guidelines, and other accurate 5.17 information on preventing physical and emotional violence, 5.18 identifying and reducing the incidence of sexual, racial, and 5.19 cultural harassment, and reducing child abuse and neglect; 5.20 (3) a special parent education component of early childhood 5.21 family education programs to prevent child abuse and neglect and 5.22 to promote positive parenting skills, giving priority to 5.23 services and outreach programs for at-risk families; 5.24 (4) involvement of parents and other community members, 5.25 including the clergy, business representatives, civic leaders, 5.26 local elected officials, law enforcement officials, and the 5.27 county attorney; 5.28 (5) collaboration with local community services, agencies, 5.29 and organizations that assist in violence intervention or 5.30 prevention, including family-based services, crisis services, 5.31 life management skills services, case coordination services, 5.32 mental health services, and early intervention services; 5.33 (6) collaboration among districts and service cooperatives; 5.34 (7) targeting early adolescents for prevention efforts, 5.35 especially early adolescents whose personal circumstances may 5.36 lead to violent or harassing behavior; 6.1 (8) opportunities for teachers to receive in-service 6.2 training or attend other programs on strategies or curriculum 6.3 designed to assist students in intervening in or preventing 6.4 violence in school and at home; and 6.5 (9) administrative policies that reflect, and a staff that 6.6 models, nonviolent behaviors that do not display or condone 6.7 sexual, racial, or cultural harassment or student hazing. 6.8(c) The department may provide assistance at a neutral site6.9to a nonpublic school participating in a district's program.6.10 Sec. 3. [REPEALER.] 6.11 Minnesota Statutes 1998, sections 120B.10; 120B.11, 6.12 subdivisions 3, 4, and 7; and 120B.24, are repealed. 6.13 ARTICLE 3 6.14 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 6.15 Section 1. Minnesota Statutes 1998, section 121A.06, is 6.16 amended to read: 6.17 121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 6.18 ZONES.] 6.19 Subdivision 1. [DEFINITIONS.] As used in this section: 6.20 (1) "dangerous weapon" has the meaning given it in section 6.21 609.02, subdivision 6; and 6.22 (2)"school" has the meaning given it in section 120A.22,6.23subdivision 4; and6.24(3)"school zone" has the meaning given it in section 6.25 152.01, subdivision 14a, clauses (1) and (3). 6.26 Subd. 2. [REPORTS; CONTENT.]By January 1, 1994,The 6.27 commissioner, in consultation with the criminal and juvenile6.28information policy group,shalldevelopmaintain a standardized 6.29 form to be used by schools to report incidents involving the use 6.30 or possession of a dangerous weapon in school zones.The form6.31shall include the following information:6.32(1) a description of each incident, including a description6.33of the dangerous weapon involved in the incident;6.34(2) where, at what time, and under what circumstances the6.35incident occurred;6.36(3) information about the offender, other than the7.1offender's name, including the offender's age; whether the7.2offender was a student and, if so, where the offender attended7.3school; and whether the offender was under school expulsion or7.4suspension at the time of the incident;7.5(4) information about the victim other than the victim's7.6name, if any, including the victim's age; whether the victim was7.7a student and, if so, where the victim attended school; and if7.8the victim was not a student, whether the victim was employed at7.9the school;7.10(5) the cost of the incident to the school and to the7.11victim; and7.12(6) the action taken by the school administration to7.13respond to the incident.7.14The commissioner also shall develop an alternative7.15reporting format that allows school districts to provide7.16aggregate data, with an option to use computer technology to7.17report the data.7.18 Subd. 3. [REPORTS; FILING REQUIREMENTS.] ByFebruary 1 and7.19 July 1 of each year, each school shall report incidents 7.20 involving the use or possession of a dangerous weapon in school 7.21 zones to the commissioner. The reports must be made on the 7.22 standardized forms or using the alternative format developed by 7.23 the commissioner under subdivision 2. The commissioner shall 7.24 compile the information it receives from the schools and report 7.25 it annually to the commissioner of public safety, the criminal 7.26 and juvenile information policy group, and the legislature. 7.27 Sec. 2. Minnesota Statutes 1998, section 121A.11, 7.28 subdivision 1, is amended to read: 7.29 Subdivision 1. [DISPLAYED BY SCHOOLS.] Every public school 7.30 in Minnesota must display an appropriate United States flag when 7.31 in session.The flag shall be displayed upon the school grounds7.32or outside the school building, on a proper staff, on every7.33legal holiday occurring during the school term and at such other7.34times as the board of the district may direct.The flag must be 7.35 displayed within the principal rooms of the school building at 7.36 all other times while school is in session. 8.1 Sec. 3. Minnesota Statutes 1998, section 121A.15, is 8.2 amended to read: 8.3 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 8.4 Subdivision 1. [IMMUNIZATION REQUIREMENT.] Except as 8.5 provided in subdivisions 3, 4, and 10, no person over two months 8.6 old may be allowed to enroll or remain enrolled in any 8.7 elementary or secondary school or child care facility in this 8.8 state until the person has submitted to the administratoror8.9other person having general control and supervision of the8.10school or child care facility,one of the following statements: 8.11 (1) a statement froma physician or a public clinic which8.12provides immunizationsan immunization provider stating that the 8.13 person has received immunization, consistent with medically 8.14 acceptable standards, against measles after having attained the 8.15 age of 12 months, rubella, diphtheria, tetanus, pertussis, 8.16 polio, mumps, haemophilus influenza type b, and hepatitis B; or 8.17 (2) a statement froma physician or a public clinic which8.18provides immunizationsan immunization provider stating that the 8.19 person has received immunizations, consistent with medically 8.20 acceptable standards, against measles after having attained the 8.21 age of 12 months, rubella, mumps, and haemophilus influenza type 8.22 b and that the person has commenced a schedule of immunizations 8.23 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 8.24 which indicates the month and year of each immunization received. 8.25 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 8.26 commenced a treatment schedule of immunization pursuant to 8.27 subdivision 1, clause (2), may remain enrolled in any child care 8.28 facility, elementary, or secondary school in this state after 18 8.29 months of enrollment unless there is submitted to the 8.30 administrator, or other person having general control and8.31supervision of the school or child care facility,a statement 8.32 froma physician or a public clinic which provides immunizations8.33 an immunization provider that the person has completed the 8.34 primary schedule of immunizations for diphtheria, tetanus, 8.35 pertussis, polio, and hepatitis B. The statement must include 8.36 the month, day, and year of each additional immunization 9.1 received. For a child less than seven years of age, a primary 9.2 schedule of immunizations shall consist of four doses of vaccine 9.3 for diphtheria, tetanus, and pertussis and three doses of 9.4 vaccine for poliomyelitis and hepatitis B. For a child seven 9.5 years of age or older, a primary schedule of immunizations shall 9.6 consist of three doses of vaccine for diphtheria, tetanus, 9.7 polio, and hepatitis B as specified in subdivision 10. 9.8 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 9.9 is at least seven years old and has not been immunized against 9.10 pertussis, the person must not be required to be immunized 9.11 against pertussis. 9.12 (b) If a person is at least 18 years old and has not 9.13 completed a series of immunizations against poliomyelitis, the 9.14 person must not be required to be immunized against 9.15 poliomyelitis. 9.16 (c) If a statement, signed by a physician, is submitted to 9.17 the administratoror other person having general control and9.18supervision of the school or child care facilitystating that an 9.19 immunization is contraindicated for medical reasons or that 9.20 laboratory confirmation of the presence of adequate immunity 9.21 exists, the immunization specified in the statement need not be 9.22 required. 9.23 (d) If a notarized statement signed by the minor child's 9.24 parent or guardian or by the emancipated person is submitted to 9.25 the administratoror other person having general control and9.26supervision of the school or child care facilitystating that 9.27 the person has not been immunized as prescribed in subdivision 1 9.28 because of the conscientiously held beliefs of the parent or 9.29 guardian of the minor child or of the emancipated person, the 9.30 immunizations specified in the statement shall not be required. 9.31 This statement must also be forwarded to the commissioner of the 9.32 department of health. 9.33 (e) If the person is under 15 months, the person is not 9.34 required to be immunized against measles, rubella, or mumps. 9.35 (f) If a person is at least five years old and has not been 9.36 immunized against haemophilus influenza type b, the person is 10.1 not required to be immunized against haemophilus influenza type 10.2 b. 10.3 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 10.4 who is enrolling or enrolled in an elementary or secondary 10.5 school or child care facility may substitute a statement from 10.6 the emancipated person or a parent or guardian if the person is 10.7 a minor child in lieu of the statement froma physician or10.8public clinic which provides immunizationsan immunization 10.9 provider. If the statement is from a parent or guardian or 10.10 emancipated person, the statement must indicate the month and 10.11 year of each immunization given. 10.12 (b) In order for the statement to be acceptable for a 10.13 person who is enrolling in an elementary school and who is six 10.14 years of age or younger, it must indicate that the following was 10.15 given: no less than one dose of vaccine each for measles, 10.16 mumps, and rubellagiven separately or in combination; no less 10.17 than four doses of vaccine for poliomyelitis, unless the third 10.18 dose was given after the fourth birthday, then three doses are 10.19 minimum; no less than five doses of vaccine for diphtheria, 10.20 tetanus, and pertussis, unless the fourth dose was given after 10.21 the fourth birthday, then four doses are minimum; and no less 10.22 than three doses of vaccine for hepatitis B as specified in 10.23 subdivision 10. 10.24 (c) In order for the statement to be consistent with 10.25 subdivision 10 and acceptable for a person who is enrolling in 10.26 an elementary or secondary school and is age seven through age 10.27 19, the statement must indicate that the person has received no 10.28 less than one dose of vaccine each for measles, mumps, and 10.29 rubellagiven separately or in combination, and no less than 10.30 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 10.31 and hepatitis B. 10.32 (d) In order for the statement to be acceptable for a 10.33 person who is enrolling in a secondary school, and who was born 10.34 after 1956 and is 20 years of age or older, the statement must 10.35 indicate that the person has received no less than one dose of 10.36 vaccine each for measles, mumps, and rubellagiven separately or11.1in combination, and no less than one dose of vaccine for 11.2 diphtheria and tetanus within the preceding ten years. 11.3 (e) In order for the statement to be acceptable for a 11.4 person who is enrolling in a child care facility and who is at 11.5 least 15 months old but who has not reached five years of age, 11.6 it must indicate that the following were given: no less than 11.7 one dose of vaccine each for measles, mumps, and rubellagiven11.8separately or in combination; no less than one dose of vaccine 11.9 for haemophilus influenza type b; no less than four doses of 11.10 vaccine for diphtheria, tetanus, and pertussis; and no less than 11.11 three doses of vaccine for poliomyelitis. 11.12 (f) In order for the statement to be acceptable for a 11.13 person who is enrolling in a child care facility and who is five 11.14 or six years of age, it must indicate that the following was 11.15 given: no less than one dose of vaccine each for measles, 11.16 mumps, and rubellagiven separately or in combination; no less 11.17 than four doses of vaccine for diphtheria, tetanus, and 11.18 pertussis; and no less than three doses of vaccine for 11.19 poliomyelitis. 11.20 (g) In order for the statement to be acceptable for a 11.21 person who is enrolling in a child care facility and who is 11.22 seven years of age or older, the statement must indicate that 11.23 the person has received no less than one dose of vaccine each 11.24 for measles, mumps, and rubellagiven separately or in11.25combinationand consistent with subdivision 10, and no less than 11.26 three doses of vaccine for poliomyelitis, diphtheria, and 11.27 tetanus. 11.28(h) The commissioner of health, on finding that any of the11.29above requirements are not necessary to protect the public's11.30health, may suspend for one year that requirement.11.31 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 11.32 person transfers from one elementary or secondary school to 11.33 another, the school board of a public school district or the 11.34 administrator of a nonpublic school may allow the person up to a 11.35 maximum of 30 days to submit one or more of the statements as 11.36 specified in subdivision 1 or 3, during which time the person 12.1 may enroll in and attend the school. If a person enrolls in a 12.2 child care facility in which at least 75 percent of children in 12.3 the facility participate on a one-time only or occasional basis 12.4 to a maximum of 45 hours per child, per month, or is placed in a 12.5 facility by a crisis nursery, the person shall be exempt from 12.6 all requirements of this section for up to five consecutive 12.7 days, starting from the first day of attendance. 12.8 Subd. 6. [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 12.9 commissioner of health, on finding that an immunization required 12.10 pursuant to this section is not necessary to protect the 12.11 public's health, may suspend for one year the requirement that 12.12 children receive that immunization. 12.13 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 12.14 child care facility shall maintain on file immunization records 12.15 for all persons in attendance that contain the information 12.16 required by subdivisions 1, 2, and 3. The school shall maintain 12.17 the records for at least five years after the person attains the 12.18 age of majority. The department of health and the board of 12.19 health, as defined in section 145A.02, subdivision 2, in whose 12.20 jurisdiction the school or child care facility is located, shall 12.21 have access to the files maintained pursuant to this 12.22 subdivision. When a person transfers to another elementary or 12.23 secondary school or child care facility, the administratoror12.24other person having general control and supervision of the12.25school or child care facilityshall assist the person's parent 12.26 or guardian in the transfer of the immunization file to the 12.27 person's new school or child care facility within 30 days of the 12.28 transfer. Upon the request of a public or private 12.29 post-secondary educational institution, as defined in section 12.30 135A.14, the administratoror other person having general12.31control or supervision of a schoolshall assist in the transfer 12.32 of a student's immunization file to the post-secondary 12.33 institution. 12.34 Subd. 8. [REPORT.] The administratoror other person12.35having general control and supervision of the elementary or12.36secondary schoolshall file a report with the commissioner on 13.1 all persons enrolled in the school. The superintendent of each 13.2 district shall file a report with the commissioner for all 13.3 persons within the district receiving instruction in a home 13.4 school in compliance with sections 120A.22 and 120A.24. The 13.5 parent of persons receiving instruction in a home school shall 13.6 submit the statements as required by subdivisions 1, 2, 3, and 4 13.7 to the superintendent of the district in which the person 13.8 resides by October 1 of each school year. The school report 13.9 must be prepared on forms developed jointly by the commissioner 13.10 of health and the commissioner of children, families, and 13.11 learning and be distributed to the local districts by the 13.12 commissioner of health. The school report must state the number 13.13 of persons attending the school, the number of persons who have 13.14 not been immunized according to subdivision 1 or 2, and the 13.15 number of persons who received an exemption under subdivision 3, 13.16 clause (c) or (d). The school report must be filed with the 13.17 commissioner of children, families, and learning within 60 days 13.18 of the commencement of each new school term. Upon request, a 13.19 district must be given a 60-day extension for filing the school 13.20 report. The commissioner of children, families, and learning 13.21 shall forward the report, or a copy thereof, to the commissioner 13.22 of health who shall provide summary reports to boards of health 13.23 as defined in section 145A.02, subdivision 2. The administrator 13.24or other person having general control and supervision of the13.25child care facilityshall file a report with the commissioner of 13.26 human services on all persons enrolled in the child care 13.27 facility. The child care facility report must be prepared on 13.28 forms developed jointly by the commissioner of health and the 13.29 commissioner of human services and be distributed to child care 13.30 facilities by the commissioner of health. The child care 13.31 facility report must state the number of persons enrolled in the 13.32 facility, the number of persons with no immunizations, the 13.33 number of persons who received an exemption under subdivision 3, 13.34 clause (c) or (d), and the number of persons with partial or 13.35 full immunization histories. The child care facility report 13.36 must be filed with the commissioner of human services by 14.1 November 1 of each year. The commissioner of human services 14.2 shall forward the report, or a copy thereof, to the commissioner 14.3 of health who shall provide summary reports to boards of health 14.4 as defined in section 145A.02, subdivision 2. The report 14.5 required by this subdivision is not required of a family child 14.6 care or group family child care facility, for prekindergarten 14.7 children enrolled in any elementary or secondary school provided 14.8 services according to sections 125A.05 and 125A.06, nor for 14.9 child care facilities in which at least 75 percent of children 14.10 in the facility participate on a one-time only or occasional 14.11 basis to a maximum of 45 hours per child, per month. 14.12 Subd. 9. [DEFINITIONS.] As used in this section the 14.13 following terms have the meanings given them. 14.14 (a) "Elementary or secondary school" includes any public 14.15 school as defined in section 120A.05, subdivisions 9, 11, 13, 14.16 and 17, or nonpublic school, church, or religious organization, 14.17 or home school in which a child is provided instruction in 14.18 compliance with sections 120A.22 and 120A.24. 14.19 (b) "Person enrolled in any elementary or secondary school" 14.20 means a personborn after 1956 andenrolled in grades 14.21 kindergarten through 12, and a child with a disability receiving 14.22 special instruction and services as required insectionssection 14.23 125A.03to 125A.24 and 125A.65, excluding a child being provided 14.24 services according to section 125A.05,paragraph (c), or14.25125A.06, paragraph (d)subdivisions 3 and 7. 14.26 (c) "Child care facility" includes those child care 14.27 programs subject to licensure under chapter 245A, and Minnesota 14.28 Rules, chapters 9502 and 9503. 14.29 (d) "Family child care" means child care for no more than 14.30 ten children at one time of which no more than six are under 14.31 school age. The licensed capacity must include all children of 14.32 any caregiver when the children are present in the residence. 14.33 (e) "Group family child care" means child care for no more 14.34 than 14 children at any one time. The total number of children 14.35 includes all children of any caregiver when the children are 14.36 present in the residence. 15.1 (f) "Administrator" means any individual having general 15.2 control and supervision of a school or child care facility. 15.3 (g) "Immunization provider" means any physician, health 15.4 care provider, or public clinic that provides immunizations. 15.5 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 15.6 statement required to be submitted under subdivisions 1, 2, and 15.7 4 to document evidence of immunization shall include month, day, 15.8 and year for immunizations administered after January 1, 1990. 15.9 (a)For persons enrolled in grades 7 and 12 during the15.101996-1997 school term, the statement must indicate that the15.11person has received a dose of tetanus and diphtheria toxoid no15.12earlier than 11 years of age.15.13(b) Except as specified in paragraph (e), for persons15.14enrolled in grades 7, 8, and 12 during the 1997-1998 school15.15term, the statement must indicate that the person has received a15.16dose of tetanus and diphtheria toxoid no earlier than 11 years15.17of age.15.18(c)Except as specified in paragraph(e)(c), for persons 15.19 enrolled in grades 7 through 12 during the 1998-1999 school term 15.20 and for each year thereafter, the statement must indicate that 15.21 the person has received a dose of tetanus and diphtheria toxoid 15.22 no earlier than 11 years of age. 15.23(d)(b) For persons enrolled in grades 7 through 12during15.24the 1996-1997 school year and for each year thereafter, the 15.25 statement must indicate that the person has received at least 15.26 two doses of vaccine against measles, mumps, and rubella,given15.27alone or separatelyand given not less than one month apart. 15.28(e)(c) A person who has received at least three doses of 15.29 tetanus and diphtheria toxoids, with the most recent dose given 15.30 after age six and before age 11, is not required to have 15.31 additional immunization against diphtheria and tetanus until ten 15.32 years have elapsed from the person's most recent dose of tetanus 15.33 and diphtheria toxoid. 15.34(f)(d) The requirement for hepatitis B vaccination shall 15.35 apply to persons enrolling in kindergarten beginning with the 15.36 2000-2001 school term. 16.1(g)(e) The requirement for hepatitis B vaccination shall 16.2 apply to persons enrolling in grade 7 beginning with the 16.3 2001-2002 school term. 16.4 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 16.5 RESPONSIBILITIES.] Nothing in this section relieves the 16.6 commissioner of human services of the responsibility, under 16.7 chapter 245A, to inspect and assure that statements required by 16.8 this section are on file at child care programs subject to 16.9 licensure. 16.10 Sec. 4. Minnesota Statutes 1999 Supplement, section 16.11 121A.23, subdivision 1, is amended to read: 16.12 Subdivision 1. [SEXUALLY TRANSMITTED DISEASES PROGRAM.] 16.13 Each district must have a program to prevent and reduce the risk 16.14 of sexually transmitted infections and disease. The 16.15 commissioner of children, families, and learning, in 16.16 consultation with the commissioner of health, shall assist 16.17 districts in developing and implementing a program to prevent 16.18 and reduce the risk of sexually transmitted infections and 16.19 diseases, including but not exclusive to human immune deficiency 16.20 virus and human papilloma virus.Each district must have a16.21program that includes at least:16.22(1) planning materials, guidelines, and other technically16.23accurate and updated information;16.24(2) a comprehensive, technically accurate, and updated16.25curriculum that includes helping students to abstain from sexual16.26activity until marriage;16.27(3) cooperation and coordination among districts and SCs;16.28(4) a targeting of adolescents, especially those who may be16.29at high risk of contracting sexually transmitted infections and16.30diseases, for prevention efforts;16.31(5) involvement of parents and other community members;16.32(6) in-service training for appropriate district staff and16.33school board members;16.34(7) collaboration with state agencies and organizations16.35having a sexually transmitted infection and disease prevention16.36or sexually transmitted infection and disease risk reduction17.1program;17.2(8) collaboration with local community health services,17.3agencies and organizations having a sexually transmitted17.4infection and disease prevention or sexually transmitted17.5infection and disease risk reduction program; and17.6(9) participation by state and local student organizations.17.7The department may provide assistance at a neutral site to17.8a nonpublic school participating in a district's program.17.9District programs must not conflict with the health and wellness17.10curriculum developed under Laws 1987, chapter 398, article 5,17.11section 2, subdivision 7.17.12If a district fails to develop and implement a program to17.13prevent and reduce the risk of sexually transmitted infection17.14and disease, the department must assist the service cooperative17.15in the region serving that district to develop or implement the17.16program.17.17 Sec. 5. Minnesota Statutes 1998, section 121A.26, is 17.18 amended to read: 17.19 121A.26 [SCHOOL PREASSESSMENT TEAMS.] 17.20 Every public school, and every nonpublic school that 17.21 participates in a school district chemical abuse program shall 17.22 establish a chemical abuse preassessment team. The 17.23 preassessment team must be composed of classroom teachers, 17.24 administrators, and to the extent they exist in each school, 17.25 school nurse, school counselor or psychologist, social worker, 17.26 chemical abuse specialist, and other appropriate professional 17.27 staff. The superintendents or their designees shall designate 17.28 the team members in the public schools. The preassessment team 17.29 is responsible for addressing reports of chemical abuse problems 17.30 and making recommendations for appropriate responses to the 17.31 individual reported cases. Districts shall adopt a process for 17.32 addressing reports of chemical abuse problems. 17.33Within 45 days after receiving an individual reported case,17.34the preassessment team shall make a determination whether to17.35provide the student and, in the case of a minor, the student's17.36parents with information about school and community services in18.1connection with chemical abuse. Data may be disclosed without18.2consent in health and safety emergencies pursuant to section18.313.32 and applicable federal law and regulations.18.4Notwithstanding section 138.163, destruction of records18.5identifying individual students shall be governed by this18.6section. If the preassessment team decides not to provide a18.7student and, in the case of a minor, the student's parents with18.8information about school or community services in connection18.9with chemical abuse, records created or maintained by the18.10preassessment team about the student shall be destroyed not18.11later than six months after the determination is made. If the18.12preassessment team decides to provide a student and, in the case18.13of a minor, the student's parents with information about school18.14or community services in connection with chemical abuse, records18.15created or maintained by the preassessment team about the18.16student shall be destroyed not later than six months after the18.17student is no longer enrolled in the district.18.18 Sec. 6. Minnesota Statutes 1998, section 121A.27, is 18.19 amended to read: 18.20 121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 18.21 The superintendent, with the advice of the school board, 18.22 shall establish a school and community advisory team to address 18.23 chemical abuse problems in the district.The school and18.24community advisory team must be composed of representatives from18.25the school preassessment team established in section 121A.26, to18.26the extent possible, law enforcement agencies, county attorney's18.27office, social service agencies, chemical abuse treatment18.28programs, parents, and the business community. The community18.29advisory team shall:18.30(1) build awareness of the problem within the community,18.31identify available treatment and counseling programs for18.32students and develop good working relationships and enhance18.33communication between the schools and other community agencies;18.34and18.35(2) develop a written procedure clarifying the notification18.36process to be used by the chemical abuse preassessment team19.1established under section 121A.26 when a student is believed to19.2be in possession of or under the influence of alcohol or a19.3controlled substance. The procedure must include contact with19.4the student, and the student's parents or guardian in the case19.5of a minor student.19.6 Sec. 7. Minnesota Statutes 1998, section 121A.28, is 19.7 amended to read: 19.8 121A.28 [LAW ENFORCEMENT RECORDS.] 19.9 A law enforcement agency shall provide notice of any drug 19.10 incident occurring within the agency's jurisdiction, in which 19.11 the agency has probable cause to believe a student violated 19.12 section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 19.13 152.097, or 340A.503, subdivision 1, 2, or 3. The notice shall 19.14 be in writing and shall be provided, within two weeks after an 19.15 incident occurs, to thechemical abuse preassessment team in the19.16 school where the student is enrolled. 19.17 Sec. 8. Minnesota Statutes 1998, section 121A.29, 19.18 subdivision 1, is amended to read: 19.19 Subdivision 1. [TEACHER'S DUTY.] A teacher in a nonpublic 19.20 school participating in a school district chemical use program, 19.21 or a public school teacher, who knows or has reason to believe 19.22 that a student is using, possessing, or transferring alcohol or 19.23 a controlled substance while on the school premises or involved 19.24 in school-related activities, shall immediately notify 19.25 theschool's chemical abuse preassessment teamschool of this 19.26 information. A teacher who complies with this section shall be 19.27 defended and indemnified under section 466.07, subdivision 1, in 19.28 any action for damages arising out of the compliance. 19.29 Sec. 9. Minnesota Statutes 1998, section 121A.32, 19.30 subdivision 1, is amended to read: 19.31 Subdivision 1. [REQUIREMENT TO WEAR EYE PROTECTIVE 19.32 DEVICES.] (a) As a condition of enrollment in a course or 19.33 activity, everypersonstudent shall wear industrial quality eye 19.34 protective devices when participating in, observing or 19.35 performing any function in connection with,anycourses or 19.36 activities taking place in eye protection areas, as defined in 20.1 subdivision 3, of anyschool, college, university or other20.2educationalelementary or secondary institution in the state. 20.3 (b) Industrial quality eye protective devices are defined 20.4 as those meeting the standards of the American National 20.5 Standards Institute, currently identified as ANSI 287.1-1968. 20.6 (c) Any student failing to comply with this requirement may 20.7 be temporarily suspended from participation in that activity. 20.8 Repeated failure to comply with this requirement shall result in 20.9 cancellation of the student from the activity or course. 20.10 Sec. 10. Minnesota Statutes 1998, section 121A.34, is 20.11 amended to read: 20.12 121A.34 [SCHOOL SAFETY PATROLS.] 20.13 Subdivision 1. [ESTABLISHMENT.]In the exercise of20.14authorized control and supervision over pupils attending schools20.15and other educational institutions, both public and private,The 20.16 governing board or other directing authority of anysuchschool 20.17 or institution is empowered to authorize the organization and 20.18 supervision of school safety patrols for the purpose of 20.19 influencing and encouraging other pupils to refrain from 20.20 crossing public highways at points other than regular crossings 20.21 and for the purpose of directing pupils when and where to cross 20.22 highways. 20.23 Subd. 2. [APPOINTMENT OF MEMBERS.]Unless the parents or20.24guardian of a pupil object in writing to the school authorities20.25to the appointment of the pupil on a school safety patrol, it is20.26lawful for anyA pupil over nine yearsof age toold may be 20.27 appointedand designated as a member ofto the patrolin any20.28school in which. If there are no pupilswho have attained such20.29ageat least nine years old, then any pupil in the highest grade 20.30thereinin that school may besoappointedand20.31designated. The pupil's parent or guardian may object to the 20.32 appointment in writing to school authorities. School 20.33 authorities may also appoint and designate nonpupil adults as 20.34 members of a school safety patrol on a voluntary or for-hire 20.35 basis. 20.36 Subd. 3. [LIABILITY NOT TO ATTACH.]No liability shall21.1attach either to theA school, educational institution, 21.2 governing board, directing authority, or any individual 21.3 director, board member, superintendent, principal, teacher, or 21.4 other school authority by virtue of the organization, 21.5 maintenance, or operation ofsucha school safety patrol shall 21.6 not be liable because of injuries sustained by any pupil, 21.7 whether a member of the patrol or otherwiseby reason ofdue to 21.8 the operation and maintenance of the patrol. 21.9 Subd. 4. [IDENTIFY, OPERATION.] Identification and 21.10 operation of school safety patrols shall be uniform throughout 21.11 the state and the method of identification and signals to be 21.12 used shall be as prescribed by the commissioner of public 21.13 safety.School safety patrol members may wear fluorescent21.14reflective vests.21.15 Sec. 11. Minnesota Statutes 1998, section 121A.55, is 21.16 amended to read: 21.17 121A.55 [POLICIES TO BE ESTABLISHED.] 21.18 (a) The commissioner of children, families, and learning 21.19 shall promulgate guidelines to assist each school board. Each 21.20 school board shall establish uniform criteria for dismissal and 21.21 adopt written policies and rules to effectuate the purposes of 21.22 sections 121A.40 to 121A.56. The policies shall emphasize 21.23 preventing dismissals through early detection of problems and 21.24 shall be designed to address students' inappropriate behavior 21.25 from recurring. The policies shall recognize the continuing 21.26 responsibility of the school for the education of the pupil 21.27 during the dismissal period. The alternative educational 21.28 services, if the pupil wishes to take advantage of them, must be 21.29 adequate to allow the pupil to make progress towards meeting the 21.30 graduation standards adopted under section 120B.02 and help 21.31 prepare the pupil for readmission. 21.32 (b) An area learning center under section 123A.05 may not 21.33 prohibit an expelled or excluded pupil from enrolling solely 21.34 because a district expelled or excluded the pupil. The board of 21.35 the area learning center may use the provisions of the Pupil 21.36 Fair Dismissal Act to exclude a pupil or to require an admission 22.1 plan. 22.2(c) The commissioner shall actively encourage and assist22.3school districts to cooperatively establish alternative22.4educational services within school buildings or at alternative22.5program sites that offer instruction to pupils who are dismissed22.6from school for willfully engaging in dangerous, disruptive, or22.7violent behavior, including for possessing a firearm in a school22.8zone.22.9 Sec. 12. Minnesota Statutes 1998, section 121A.69, 22.10 subdivision 3, is amended to read: 22.11 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 22.12 adopt a written policy governing student or staff hazing. The 22.13 policy must apply to student behavior that occurs on or off 22.14 school property and during and after school hours.The policy22.15must include reporting procedures and disciplinary consequences22.16for violating the policy. Disciplinary consequences must be22.17sufficiently severe to deter violations and appropriately22.18discipline prohibited behavior. Disciplinary consequences must22.19conform with sections 121A.41 to 121A.56. Each school must22.20include the policy in the student handbook on school policies.22.21 Sec. 13. [REPEALER.] 22.22 (a) Minnesota Statutes 1998, sections 121A.03, subdivision 22.23 3; 121A.11, subdivision 2; 121A.16; 121A.32, subdivisions 2, 4, 22.24 and 5; and 121A.41, subdivision 3, are repealed. 22.25 (b) Minnesota Statutes 1999 Supplement, section 121A.23, 22.26 subdivision 2, is repealed. 22.27 ARTICLE 4 22.28 TEACHERS AND OTHER EDUCATORS 22.29 Section 1. Minnesota Statutes 1998, section 122A.09, 22.30 subdivision 6, is amended to read: 22.31 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 22.32 secretary of the board of teaching shall keep a record of the 22.33 proceedings of and a register of all persons licensed pursuant 22.34 to the provisions of this chapter.The register must show the22.35name, address, license number and the renewal of the license.22.36The board must on July 1, of each year or as soon thereafter as23.1is practicable, compile a list of such duly licensed teachers23.2and transmit a copy of the list to the board.A copy of the 23.3 register must be available during business hours at the office 23.4 of the board to any interested person. 23.5 Sec. 2. Minnesota Statutes 1998, section 122A.15, is 23.6 amended to read: 23.7 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 23.8 DEFINITIONS, LICENSURE.] 23.9 Subdivision 1. [TEACHERS.] The term "teachers" for the 23.10 purpose of licensure, means all persons employed in a public 23.11 school or education district or by a service cooperative as 23.12 members of the instructional, supervisory, and support staff 23.13 including superintendents, principals, supervisors, secondary 23.14 vocational and other classroom teachers, librarians, counselors, 23.15 school psychologists, school nurses, school social workers, 23.16 audio-visual directors and coordinators, recreation personnel, 23.17 media generalists, media supervisors, andspeech therapists23.18 educational speech-language pathologists. 23.19 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 23.20 for the purpose of licensure means superintendents, principals, 23.21 and professional employees who devote 50 percent or more of 23.22 their time to administrative or supervisory duties over other 23.23 personnel, and includes athletic coaches. 23.24 Sec. 3. Minnesota Statutes 1998, section 122A.22, is 23.25 amended to read: 23.26 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 23.27 No person shall be accounted a qualified teacher until the 23.28 person has filed either a teaching license for record or a 23.29 certified copy of a teaching license with the district 23.30 superintendent where the person intends to teacha license, or23.31certified copy of a license, authorizing the person to teach23.32school in the district school system. 23.33 Sec. 4. Minnesota Statutes 1998, section 122A.40, 23.34 subdivision 3, is amended to read: 23.35 Subd. 3. [HIRING, DISMISSING.] School boards must hire or 23.36 dismiss teachers atdulyappropriately called meetings.Where a24.1husband and wife, brother and sister, or two brothers or24.2sisters, constitute a quorum, no contract employing a teacher24.3shall be made or authorized except upon the unanimous vote of24.4the full board. A teacher related by blood or marriage, within24.5the fourth degree, computed by the civil law, to a board member24.6shall not be employed except by a unanimous vote of the full24.7board.The initial employment of the teacher in the district 24.8 must be by written contract, signed by the teacher and by the 24.9 chair and clerk. All subsequent employment of the teacher in 24.10 the district must be by written contract, signed by the teacher 24.11 and by the chair and clerk, except where there is a master 24.12 agreement covering the employment of the teacher. Contracts for 24.13 teaching or supervision of teaching can be made only with 24.14 qualified teachers.A teacher shall not be required to reside24.15within the employing district as a condition to teaching24.16employment or continued teaching employment.24.17 Sec. 5. Minnesota Statutes 1999 Supplement, section 24.18 122A.40, subdivision 5, is amended to read: 24.19 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 24.20 consecutive years of a teacher's first teaching experience in 24.21 Minnesota in a single district is deemed to be a probationary 24.22 period of employment, and after completion thereof, the 24.23 probationary period in each district in which the teacher is 24.24 thereafter employed shall be one year. The school board must 24.25 adopt a plan for written evaluation of teachers during the 24.26 probationary period. Evaluation must occur at least three times 24.27 each year for a teacher performing services on 120 or more 24.28 school days, at least two times each year for a teacher 24.29 performing services on 60 to 119 school days, and at least one 24.30 time each year for a teacher performing services on fewer than 24.31 60 school days. Days devoted to parent-teacher conferences, 24.32 teachers' workshops, and other staff development opportunities 24.33 and days on which a teacher is absent from school must not be 24.34 included in determining the number of school days on which a 24.35 teacher performs services. Except as otherwise provided in 24.36 paragraph (b), during the probationary period any annual 25.1 contract with any teacher may or may not be renewed as the 25.2 school board shall see fit.However,The board must give any 25.3suchprobationary teacher whose contract it declines to renew 25.4 for the following school year written notice to that effect 25.5 before July 1. If the teacher requests reasons for any 25.6 nonrenewal of a teaching contract, the board must give the 25.7 teacher its reason in writing, including a statement that 25.8 appropriate supervision was furnished describing the nature and 25.9 the extent of such supervision furnished the teacher during the 25.10 employment by the board, within ten days after receiving such 25.11 request. The school board may, after a hearing held upon due 25.12 notice, discharge a teacher during the probationary period for 25.13 cause, effective immediately, under section 122A.44. 25.14 (b) A board must discharge a probationary teacher, 25.15 effective immediately, upon receipt of notice under section 25.16 122A.20, subdivision 1, paragraph (b), that the teacher's 25.17 license has been revoked due to a conviction for child abuse or 25.18 sexual abuse. 25.19 Sec. 6. Minnesota Statutes 1998, section 122A.40, 25.20 subdivision 8, is amended to read: 25.21 Subd. 8. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 25.22 school board and an exclusive representative of the teachers in 25.23 the district shall develop a peer review process for continuing 25.24 contract teachers and probationary teachers through joint 25.25 agreement. 25.26 Sec. 7. Minnesota Statutes 1998, section 122A.40, 25.27 subdivision 19, is amended to read: 25.28 Subd. 19. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 25.29 EXPUNGEMENT.] All evaluations and files generated within a 25.30 school district relating to each individual teacher must be 25.31 available to each individual teacher upon written request. 25.32 Effective January 1, 1976, all evaluations and files, wherever 25.33 generated, relating to each individual teacher must be available 25.34 to each individual teacher upon written request. The teacher 25.35 shall have the right to reproduce any of the contents of the 25.36 filesat the teacher's expenseand to submit for inclusion in 26.1 the file written information in response to any material 26.2 contained therein. 26.3 A district may destroy the files as provided by law and 26.4 must expunge from the teacher's file any material found to be 26.5 false or inaccurate through the grievance procedure required 26.6 pursuant to section 179A.20, subdivision 4. The grievance 26.7 procedure promulgated by the director of the bureau of mediation 26.8 services, pursuant to section 179A.04, subdivision 3, clause 26.9 (h), applies to those principals and supervisory employees not 26.10 included in an appropriate unit as defined in section 179A.03. 26.11 Expungement proceedings must be commenced within the time period 26.12 provided in the collective bargaining agreement for the 26.13 commencement of a grievance. If no time period is provided in 26.14 the bargaining agreement, the expungement proceedings must 26.15 commence within 15 days after the teacher has knowledge of the 26.16 inclusion in the teacher's file of the material the teacher 26.17 seeks to have expunged. 26.18 Sec. 8. Minnesota Statutes 1998, section 122A.41, 26.19 subdivision 15, is amended to read: 26.20 Subd. 15. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 26.21 EXPUNGEMENT.] All evaluations and files generated within a 26.22 district relating to each individual teacher must be available 26.23 to each individual teacher upon the teacher's written request. 26.24 Effective January 1, 1976, all evaluations and files, wherever 26.25 generated, relating to each individual teacher must be available 26.26 to each individual teacher upon the teacher's written request. 26.27 The teacher has the right to reproduce any of the contents of 26.28 the filesat the teacher's expenseand to submit for inclusion 26.29 in the file written information in response to any material 26.30 contained therein. 26.31 A district may destroy the files as provided by law and 26.32 must expunge from the teacher's file any material found to be 26.33 false or substantially inaccurate through the grievance 26.34 procedure required pursuant to section 179A.20, subdivision 4. 26.35 The grievance procedure promulgated by the director of the 26.36 bureau of mediation services, pursuant to section 179A.04, 27.1 subdivision 3, clause (h), applies to those principals and 27.2 supervisory employees not included in an appropriate unit as 27.3 defined in section 179A.03. Expungement proceedings must be 27.4 commenced within the time period provided in the collective 27.5 bargaining agreement for the commencement of a grievance. If no 27.6 time period is provided in the bargaining agreement, the 27.7 expungement proceedings must commence within 15 days after the 27.8 teacher has knowledge of the inclusion in the teacher's file of 27.9 the material the teacher seeks to have expunged. 27.10 Sec. 9. [122A.455] [TEACHER CONTRACTS.] 27.11 The school board and the exclusive bargaining 27.12 representative of the teachers must negotiate, if applicable: 27.13 (1) short-term, limited contracts; 27.14 (2) summer school contracts; 27.15 (3) sabbatical leave; 27.16 (4) faculty and staff exchange programs; and 27.17 (5) temporary assignments. 27.18 Sec. 10. Minnesota Statutes 1998, section 122A.51, is 27.19 amended to read: 27.20 122A.51 [TEACHER LUNCH PERIOD.] 27.21 A teacher must be provided with a duty-free lunch period, 27.22 scheduled according toschool board policy ornegotiated 27.23 agreement. 27.24 Sec. 11. Minnesota Statutes 1999 Supplement, section 27.25 122A.58, subdivision 1, is amended to read: 27.26 Subdivision 1. [TERMINATION; HEARING.] Before a district 27.27 terminates the coaching duties of an employee who isrequired to27.28hold a license as an athletic coach from the commissioner of27.29children, families, and learninga head varsity coach of an 27.30 interscholastic sport at the secondary school level, the 27.31 district must notify the employee in writing and state its 27.32 reason for the proposed termination. Within 14 days of 27.33 receiving this notification, the employee may request in writing 27.34 a hearing on the termination before the commissioner. If a 27.35 hearing is requested, the commissioner must hold a hearing 27.36 within 25 days according to the hearing procedures specified in 28.1 section 122A.40, subdivision 14, and the termination is final 28.2 upon the order of the commissioner after the hearing. 28.3 Sec. 12. Minnesota Statutes 1999 Supplement, section 28.4 122A.60, subdivision 1, is amended to read: 28.5 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 28.6 board must use the revenue authorized in section 122A.61 for 28.7 in-service education for programs under section 120B.22, 28.8subdivision 2,or for staff development plans under this 28.9 section. The board must establish an advisory staff development 28.10 committee to develop the plan, assist site professional 28.11 development teams in developing a site plan consistent with the 28.12 goals of the plan, and evaluate staff development efforts at the 28.13 site level. A majority of the advisory committee and the site 28.14 professional development team must be teachers representing 28.15 various grade levels, subject areas, and special education. The 28.16 advisory committee must also include nonteaching staff, parents, 28.17 and administrators. Districts must report staff development 28.18results andexpenditures to the commissioner in the form and 28.19 manner determined by the commissioner. The expenditure report 28.20 must include expenditures by the board for district level 28.21 activities and expenditures made by the staff. The report must 28.22 provide a breakdown of expenditures for (1) curriculum 28.23 development and programs, (2) in-service education, workshops, 28.24 and conferences, and (3) the cost of teachers or substitute 28.25 teachers for staff development purposes. Within each of these 28.26 categories, the report must also indicate whether the 28.27 expenditures were incurred at the district level or the school 28.28 site level, and whether the school site expenditures were made 28.29 possible by the grants to school sites that demonstrate 28.30 exemplary use of allocated staff development revenue. These 28.31 expenditures are to be reported using the UFARS system. The 28.32 commissioner shall report the staff development expenditure data 28.33 to the education committees of the legislature by February 15 28.34 each year. 28.35 Sec. 13. Minnesota Statutes 1998, section 122A.68, 28.36 subdivision 1, is amended to read: 29.1 Subdivision 1. [ESTABLISHMENT.] A school district with a 29.2 teaching residency plan approved by the board of teaching may 29.3 hire graduates of approved Minnesota teacher preparation 29.4 programs as teaching residents. A district shall employ each 29.5 resident for one school year. The district and the resident may 29.6 agree to extend the residency for one additional school year. A 29.7 school may employ no more than one teaching resident for every 29.8 eight full-time equivalent licensed teachers.No more than 60029.9eligible teachers may be employed as teacher residents in any29.10one school year.29.11 Sec. 14. Minnesota Statutes 1998, section 122A.68, 29.12 subdivision 7, is amended to read: 29.13 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 29.14 board of teaching mustdevelopmaintain for teachers of students 29.15 in prekindergarten through grade 12, model teaching residency 29.16 outcomes and assessments, and mentoring programs. 29.17 Sec. 15. Minnesota Statutes 1998, section 122A.69, is 29.18 amended to read: 29.19 122A.69 [PRACTICE ORSTUDENT TEACHERS.] 29.20 The board may, by agreements with teacher preparing 29.21 institutions, arrange for classroom experience in the district 29.22 forpractice orstudent teachers who have completed not less 29.23 than two years of an approved teacher education program.Such29.24practiceStudent teachers must be provided with appropriate 29.25 supervision by a fully qualified teacher under rules promulgated 29.26 by the board.PracticeStudent teachers are deemed employees of 29.27 the school district in which they are rendering services for 29.28 purposes of workers' compensation; liability insurance, if 29.29 provided for other district employees in accordance with section 29.30 123B.23; and legal counsel in accordance with the provisions of 29.31 section 123B.25. 29.32 Sec. 16. Minnesota Statutes 1998, section 122A.70, 29.33 subdivision 2, is amended to read: 29.34 Subd. 2. [APPLICATIONS.] The board of teaching must make 29.35 application forms available to sites interested in developing or 29.36 expanding a mentorship program. A school district, a group of 30.1 school districts, or a coalition of districts, teachers and 30.2 teacher education institutions may apply for a teacher 30.3 mentorship program grant. The board of teaching, in30.4consultation with the teacher mentoring task force,must approve 30.5 or disapprove the applications. To the extent possible, the 30.6 approved applications must reflect effective mentoring 30.7 components, include a variety of coalitions and be 30.8 geographically distributed throughout the state. The board of 30.9 teaching must encourage the selected sites to consider the use 30.10 of its assessment procedures. 30.11 Sec. 17. Minnesota Statutes 1998, section 122A.91, is 30.12 amended to read: 30.13 122A.91 [DESIGNATED STATE OFFICIAL.] 30.14 For the purposes of the agreement set forth in section 30.15 122A.90, the designated state official for this state is the 30.16commissioner of children, families, and learningexecutive 30.17 secretary of the board of teaching. 30.18 Sec. 18. Minnesota Statutes 1998, section 122A.92, is 30.19 amended to read: 30.20 122A.92 [RECORD OF CONTRACTS.] 30.21 Two copies of all contracts made on behalf of this state 30.22 pursuant to the agreement set forth in section 122A.90 must be 30.23 kept on file in the office of thecommissioner of children,30.24families, and learningboard of teaching. 30.25 Sec. 19. [REVISOR INSTRUCTION.] 30.26 In the next and subsequent editions of Minnesota Statutes 30.27 and Minnesota Rules, the revisor of statutes shall renumber 30.28 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 30.29 Statutes, section 124D.311. The revisor shall also make 30.30 necessary cross-reference changes consistent with the 30.31 renumbering. 30.32 Sec. 20. [REPEALER.] 30.33 (a) Minnesota Statutes 1998, sections 122A.162; 122A.19, 30.34 subdivision 2; 122A.32; 122A.33; 122A.40, subdivision 6; 30.35 122A.42; 122A.43, subdivisions 1, 2, 3, 4, and 6; 122A.45; 30.36 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 31.1 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; and 122A.75, are 31.2 repealed. 31.3 (b) Minnesota Statutes 1999 Supplement, section 122A.72, 31.4 subdivision 4, is repealed. 31.5 ARTICLE 5 31.6 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 31.7 Section 1. Minnesota Statutes 1999 Supplement, section 31.8 123A.06, subdivision 1, is amended to read: 31.9 Subdivision 1. [PROGRAM FOCUS.](a) The programs and31.10services of a center must focus on academic and learning skills,31.11applied learning opportunities, trade and vocational skills,31.12work-based learning opportunities, work experience, youth31.13service to the community, transition services, and English31.14language and literacy programs for children whose primary31.15language is a language other than English. Applied learning,31.16work-based learning, and service learning may best be developed31.17in collaboration with a local education and transitions31.18partnership, culturally based organizations, mutual assistance31.19associations, or other community resources. In addition to31.20offering programs, the center shall coordinate the use of other31.21available educational services, special education services,31.22social services, health services, and post-secondary31.23institutions in the community and services area.31.24(b)Consistent with the requirements of sections 121A.40 to 31.25 121A.56, a school district may provide an alternative education 31.26 program for a student who is within the compulsory attendance 31.27 age under section 120A.20, and who is involved in severe or 31.28 repeated disciplinary action. 31.29 Sec. 2. [REPEALER.] 31.30 (a) Minnesota Statutes 1998, sections 123A.07; 123A.15, 31.31 subdivision 1; 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 31.32 9, 10, and 11; 123A.37; 123A.38; 123A.39, subdivisions 1, 2, and 31.33 4; 123A.40; 123A.41, subdivision 1; and 123A.43, are repealed. 31.34 (b) Minnesota Statutes 1998, section 123A.41, subdivision 31.35 4, is repealed effective July 1, 2002. 31.36 (c) Minnesota Statutes 1999 Supplement, sections 123A.06, 32.1 subdivision 3; and 123A.36, subdivisions 1 and 2, are repealed. 32.2 ARTICLE 6 32.3 SCHOOL DISTRICT POWERS AND DUTIES 32.4 Section 1. Minnesota Statutes 1998, section 123B.02, 32.5 subdivision 1, is amended to read: 32.6 Subdivision 1. [BOARD AUTHORITY.] The board must have the 32.7 general charge of the business of the district, the school 32.8 houses, and of the interests of the schools thereof. The 32.9 board's authority to govern, manage, and control the district, 32.10 to carry out its duties and responsibilities, and to conduct the 32.11 business of the district includes implied powers in addition to 32.12 any specific powers granted by the legislature. 32.13 Sec. 2. Minnesota Statutes 1998, section 123B.02, 32.14 subdivision 2, is amended to read: 32.15 Subd. 2. [FACILITIES FOR SCHOOL-AGE CHILDREN.] It is the 32.16 duty and the function of the district to furnish school 32.17 facilities to every child of school age residing in any part of 32.18 the district. The board may establish and organize and alter 32.19 and discontinue such grades or schools as it may deem advisable 32.20 and assign to each school and grade a proper number of pupils. 32.21The board shall provide free textbooks for the pupils of the32.22district.32.23 Sec. 3. Minnesota Statutes 1999 Supplement, section 32.24 123B.02, subdivision 3, is amended to read: 32.25 Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL 32.26 SUPPORT.] (a) A district must not be required by any type of 32.27 formal or informal agreement except an agreement to provide 32.28 building space according to paragraph (f), including a joint 32.29 powers agreement, or membership in any cooperative unit defined 32.30 in section 123A.24, subdivision 2, to participate in or provide 32.31 financial support for the purposes of the agreement for a time 32.32 period in excess of four fiscal years, or the time period set 32.33 forth in this subdivision. Any agreement, part of an agreement, 32.34 or other type of requirement to the contrary is void. This 32.35 paragraph applies only to agreements entered into between July 32.36 1, 1993, and June 30, 1999. 33.1 (b) This subdivision shall not affect the continued 33.2 liability of a district for its share of bonded indebtedness or 33.3 other debt incurred as a result of any agreement before July 1, 33.4 1993. The district is liable only until the obligation or debt 33.5 is discharged and only according to the payment schedule in 33.6 effect on July 1, 1993, except that the payment schedule may be 33.7 altered for the purpose of restructuring debt or refunding bonds 33.8 outstanding on July 1, 1993, if the annual payments of the 33.9 district are not increased and if the total obligation of the 33.10 school district for its share of outstanding bonds or other debt 33.11 is not increased. 33.12 (c) To cease participating in or providing financial 33.13 support for any of the services or activities relating to the 33.14 agreement or to terminate participation in the agreement, the 33.15 board must adopt a resolution and notify other parties to the 33.16 agreement of its decision on or before February 1 of any year. 33.17 The cessation or withdrawal shall be effective June 30 of the 33.18 same year except that for a member of an education district 33.19 organized under sections 123A.15 to 123A.19 or an intermediate 33.20 district organized under chapter 136D, cessation or withdrawal 33.21 shall be effective June 30 of the following fiscal year. At the 33.22 option of the board, cessation or withdrawal may be effective 33.23 June 30 of the following fiscal year for a district 33.24 participating in any type of agreement. 33.25 (d) Before issuing bonds or incurring other debt, the 33.26 governing body responsible for implementing the agreement must 33.27 adopt a resolution proposing to issue bonds or incur other debt 33.28 and the proposed financial effect of the bonds or other debt 33.29 upon each participating district. The resolution must be 33.30 adopted within a time sufficient to allow the board to adopt a 33.31 resolution within the time permitted by this paragraph and to 33.32 comply with the statutory deadlines set forth in sections 33.33 122A.40, 122A.41, and 123A.33. The governing body responsible 33.34 for implementing the agreement shall notify each participating 33.35 board of the contents of the resolution. Within 120 days of 33.36 receiving the resolution of the governing body, the school board 34.1 of the participating district shall adopt a resolution stating: 34.2 (1) its concurrence with issuing bonds or incurring other 34.3 debt; 34.4 (2) its intention to cease participating in or providing 34.5 financial support for the service or activity related to the 34.6 bonds or other debt; or 34.7 (3) its intention to terminate participation in the 34.8 agreement. 34.9 A board adopting a resolution according to clause (1) is 34.10 liable for its share of bonded indebtedness or other debt as 34.11 proposed by the governing body implementing the agreement. A 34.12 school board adopting a resolution according to clause (2) is 34.13 not liable for the bonded indebtedness or other debt, as 34.14 proposed by the governing body, related to the services or 34.15 activities in which the district ceases participating or 34.16 providing financial support. A board adopting a resolution 34.17 according to clause (3) is not liable for the bonded 34.18 indebtedness or other debt proposed by the governing body 34.19 implementing the agreement. 34.20 (e)After July 1, 1993,A district is liable according to 34.21 paragraph (d) for its share of bonded indebtedness or other debt 34.22 incurred by the governing body implementing the agreement to the 34.23 extent that the bonds or other debt are directly related to the 34.24 services or activities in which the district participates or for 34.25 which the district provides financial support. The district has 34.26 continued liability only until the obligation or debt is 34.27 discharged and only according to the payment schedule in effect 34.28 at the time the governing body implementing the agreement 34.29 provides notice to the school board, except that the payment 34.30 schedule may be altered for the purpose of refunding the 34.31 outstanding bonds or restructuring other debt if the annual 34.32 payments of the district are not increased and if the total 34.33 obligation of the district for the outstanding bonds or other 34.34 debt is not increased. 34.35 (f) A district that is a member of a cooperative unit as 34.36 defined in section 123A.24, subdivision 2, may obligate itself 35.1 to participate in and provide financial support for an agreement 35.2 with a cooperative unit to provide school building space for a 35.3 term not to exceed two years with an option on the part of the 35.4 district to renew for an additional two years. 35.5 (g) Notwithstanding any limitations imposed under this 35.6 subdivision, a school district may, according to section 35.7 123B.51, subdivision 4, enter into a lease of all or a portion 35.8 of a schoolhouse that is not needed for school purposes, 35.9 including, but not limited to, a lease with a term of more than 35.10 one year. 35.11 Sec. 4. Minnesota Statutes 1998, section 123B.04, 35.12 subdivision 2, is amended to read: 35.13 Subd. 2. [AGREEMENT.] (a) Either the school board or 35.14 theschoolsite decision-making team may request that the school 35.15 board enter into an agreement with aschoolsite decision-making 35.16 team concerning the governance, management, or control of the 35.17 school.A school site decision-making team may include the35.18school principal, teachers in the school or their designee,35.19other employees in the school, parents of pupils in the school,35.20representatives of pupils in the school, or other members in the35.21community. The school site decision-making team shall include35.22the school principal or other person having general control and35.23supervision of the school.A school district must provide 35.24 notice to parents about site decision-making teams and inform 35.25 parents about how to be involved with the site decision-making 35.26 team. The site decision-making team must reflect the diversity 35.27 of the student body of the education site. No more than 35.28 one-half of the members shall be employees of the district. 35.29 (b) School site decision-making agreements must delegate 35.30 powers, duties, and broad management responsibilities to site 35.31 teams and involve staff members, students as appropriate, and 35.32 parents in decision making. 35.33(c) An agreement shall include a statement of powers,35.34duties, responsibilities, and authority to be delegated to and35.35within the site.35.36(d) An agreement may include:36.1(1) an achievement contract according to subdivision 4;36.2(2) a mechanism to allow principals, or other persons36.3having general control and supervision of the school, to make36.4decisions regarding how financial and personnel resources are36.5best allocated at the site and from whom goods or services are36.6purchased;36.7(3) a mechanism to implement parental involvement programs36.8under section 124D.895 and to provide for effective parental36.9communication and feedback on this involvement at the site36.10level;36.11(4) a provision that would allow the team to determine who36.12is hired into licensed and nonlicensed positions;36.13(5) a provision that would allow teachers to choose the36.14principal or other person having general control;36.15(6) an amount of revenue allocated to the site under36.16subdivision 3; and36.17(7) any other powers and duties determined appropriate by36.18the board.36.19The school board of the district remains the legal employer36.20under clauses (4) and (5).36.21(e) Any powers or duties not delegated to the school site36.22management team in the school site management agreement shall36.23remain with the school board.36.24(f) Approved agreements shall be filed with the36.25commissioner. If a school board denies a request to enter into36.26a school site management agreement, it shall provide a copy of36.27the request and the reasons for its denial to the commissioner.36.28 Sec. 5. Minnesota Statutes 1998, section 123B.04, 36.29 subdivision 5, is amended to read: 36.30 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 36.31 children, families, and learning, in consultation with 36.32 appropriate educational organizations, shall:, 36.33(1)upon request, provide technical support for districts 36.34 and sites with agreements under this section;36.35(2) conduct and compile research on the effectiveness of36.36site decision making; and37.1(3) periodically report on and evaluate the effectiveness37.2of site management agreements on a statewide basis. 37.3 Sec. 6. Minnesota Statutes 1998, section 123B.09, 37.4 subdivision 8, is amended to read: 37.5 Subd. 8. [DUTIES.] The board must superintend and manage 37.6 the schools of the district; adopt rules for their organization, 37.7 government, and instruction; keep registers; and prescribe 37.8 textbooks and courses of study.The board may enter into an37.9agreement with a post-secondary institution for secondary or37.10post-secondary nonsectarian courses to be taught at a secondary37.11school, nonsectarian post-secondary institution, or another37.12location.37.13 Sec. 7. Minnesota Statutes 1998, section 123B.143, 37.14 subdivision 1, is amended to read: 37.15 Subdivision 1. [CONTRACT; DUTIES.] All districts 37.16 maintaining a classified secondary school must employ a 37.17 superintendent who shall be an ex officio nonvoting member of 37.18 the school board. The authority for selection and employment of 37.19 a superintendent must be vested in the board in all cases. An 37.20 individual employed by a board as a superintendent shall have an 37.21 initial employment contract for a period of time no longer than 37.22 three years from the date of employment. Any subsequent 37.23 employment contract must not exceed a period of three years. A 37.24 board, at its discretion, may or may not renew an employment 37.25 contract. A board must not, by action or inaction, extend the 37.26 duration of an existing employment contract. Beginning 365 days 37.27 prior to the expiration date of an existing employment contract, 37.28 a board may negotiate and enter into a subsequent employment 37.29 contract to take effect upon the expiration of the existing 37.30 contract. A subsequent contract must be contingent upon the 37.31 employee completing the terms of an existing contract. If a 37.32 contract between a board and a superintendent is terminated 37.33 prior to the date specified in the contract, the board may not 37.34 enter into another superintendent contract with that same 37.35 individual that has a term that extends beyond the date 37.36 specified in the terminated contract. A board may terminate a 38.1 superintendent during the term of an employment contract for any 38.2 of the grounds specified in section 122A.40, subdivision 9 or 13. 38.3 A superintendent shall not rely upon an employment contract with 38.4 a board to assert any other continuing contract rights in the 38.5 position of superintendent under section 122A.40. 38.6 Notwithstanding the provisions of sections 122A.40, subdivision 38.7 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 38.8 individual shall have a right to employment as a superintendent 38.9 based on order of employment in any district. If two or more 38.10 districts enter into an agreement for the purchase or sharing of 38.11 the services of a superintendent, the contracting districts have 38.12 the absolute right to select one of the individuals employed to 38.13 serve as superintendent in one of the contracting districts and 38.14 no individual has a right to employment as the superintendent to 38.15 provide all or part of the services based on order of employment 38.16 in a contracting district. The superintendent of a district 38.17 shall perform the following: 38.18 (1)visit and supervise the schools in the district, report38.19and make recommendations about their condition when advisable or38.20on request by the board;38.21(2) recommend to the board employment and dismissal of38.22teachers;38.23(3) superintend school grading practices and examinations38.24for promotions;38.25(4)make reports required by the commissioner; 38.26(5)(2) by January 10, submit an annual report to the 38.27 commissioner in a manner prescribed by the commissioner, in 38.28 consultation with school districts, identifying the expenditures 38.29 that the district requires to ensure an 80 percent and a 90 38.30 percent student passage rate on the basic standards test taken 38.31 in the eighth grade, identifying the amount of expenditures that 38.32 the district requires to ensure a 99 percent student passage 38.33 rate on the basic standards test by 12th grade, and how much the 38.34 district is cross-subsidizing programs with special education, 38.35 compensatory, and general education revenue; and 38.36(6)(3) perform other duties prescribed by the board. 39.1 Sec. 8. Minnesota Statutes 1998, section 123B.147, as 39.2 amended by Laws 1998, chapter 398, article 5, section 55, is 39.3 amended to read: 39.4 123B.147 [PRINCIPALS.] 39.5 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 39.6 Each public school building, as defined by section 120A.05, 39.7 subdivisions 9, 11, and 13, in an independent district may be 39.8 under the supervision of a principal who is assigned to that 39.9 responsibility by the board of education in that district upon 39.10 the recommendation of the superintendent of schools of that 39.11 district. If pupils in kindergarten through grade 12 attend 39.12 school in one building, one principal, who holds either an 39.13 elementary or a secondary principal's license, may supervise the 39.14 building. 39.15 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 39.16 principalassigned the responsibilityresponsible forthe39.17supervision ofsupervising a school building shall hold a valid 39.18 license in the assigned position of supervision and 39.19 administration as established by the rules of the commissioner 39.20 of children, families, and learning. 39.21 Subd. 3. [PRINCIPALS' DUTIES.] The principal shallprovide39.22administrative, supervisory, and instructional leadership39.23services, under the supervision of the superintendent of schools39.24of the district and in accordance with the policies, rules, and39.25regulations of the board of education, for the planning,39.26management, operation, and evaluation of the education program39.27of the building or buildings to which the principal is39.28assignedperform administrative, supervisory, and instructional 39.29 duties as determined by the school district. 39.30 Sec. 9. Minnesota Statutes 1999 Supplement, section 39.31 123B.36, subdivision 1, is amended to read: 39.32 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 39.33 purposes of this subdivision, "home school" means a home school 39.34 as defined in sections 120A.22 and 120A.24 with five or fewer 39.35 students receiving instruction. 39.36 (b) A school board is authorized to require payment of fees 40.1 in the following areas: 40.2 (1) in any program where the resultant product, in excess 40.3 of minimum requirements and at the pupil's option, becomes the 40.4 personal property of the pupil; 40.5 (2) admission fees or charges for extra curricular 40.6 activities, where attendance is optional and where the admission 40.7 fees or charges a student must pay to attend or participate in 40.8 an extracurricular activity is the same for all students, 40.9 regardless of whether the student is enrolled in a public or a 40.10 home school; 40.11 (3) a security deposit for the return of materials, 40.12 supplies, or equipment; 40.13 (4) personal physical education and athletic equipment and 40.14 apparel, although any pupil may personally provide it if it 40.15 meets reasonable requirements and standards relating to health 40.16 and safety established by the board; 40.17 (5) items of personal use or products that a student has an 40.18 option to purchase such as student publications, class rings, 40.19 annuals, and graduation announcements; 40.20 (6) fees specifically permitted by any other statute, 40.21 including but not limited to section 171.05, subdivision 2; 40.22 provided (i) driver education fees do not exceed the actual cost 40.23 to the school and school district of providing driver education, 40.24 and (ii) the driver education courses are open to enrollment to 40.25 persons between the ages of 15 and 18 who reside or attend 40.26 school in the school district; 40.27 (7) field trips considered supplementary to a district 40.28 educational program; 40.29 (8) any authorized voluntary student health and accident 40.30 benefit plan; 40.31 (9) for the use of musical instruments owned or rented by 40.32 the district, a reasonable rental fee not to exceed either the 40.33 rental cost to the district or the annual depreciation plus the 40.34 actual annual maintenance cost for each instrument; 40.35 (10) transportation of pupils to and from extra curricular 40.36 activities conducted at locations other than school, where 41.1 attendance is optional; 41.2 (11) transportation of pupils to and from school for which 41.3 aid for fiscal year 1996 is not authorized under Minnesota 41.4 Statutes 1994, section 124.223, subdivision 1, and for which 41.5 levy for fiscal year 1996 is not authorized under Minnesota 41.6 Statutes 1994, section 124.226, subdivision 5, if a district 41.7 charging fees for transportation of pupils establishes 41.8 guidelines for that transportation to ensure that no pupil is 41.9 denied transportation solely because of inability to pay; 41.10 (12) motorcycle classroom education courses conducted 41.11 outside of regular school hours; provided the charge must not 41.12 exceed the actual cost of these courses to the school district; 41.13 (13) transportation to and from post-secondary institutions 41.14 for pupils enrolled under the post-secondary enrollment options 41.15 program under section 123B.88, subdivision 22. Fees collected 41.16 for this service must be reasonable and must be used to reduce 41.17 the cost of operating the route. Families who qualify for 41.18 mileage reimbursement under section 124D.09, subdivision 22, may 41.19 use their state mileage reimbursement to pay this fee. If no 41.20 fee is charged, districts must allocate costs based on the 41.21 number of pupils riding the route; and 41.22 (14) admission fees or charges to a part-time student over 41.23 age 21 attending a secondary school class or program other than 41.24 a student participating in the graduation incentives program 41.25 under section 124D.68 or a student receiving instruction under 41.26 section 125A.03. 41.27 Sec. 10. Minnesota Statutes 1999 Supplement, section 41.28 123B.43, is amended to read: 41.29 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 41.30 (a) The commissioner shall assure that textbooks and 41.31 individualized instructional materials loaned to nonpublic 41.32 school pupils are secular, neutral, nonideological and that they 41.33 are incapable of diversion for religious use. 41.34 (b) Textbooks and individualized instructional materials 41.35 must not be used in religious courses, devotional exercises, 41.36 religious training or any other religious activity. 42.1 (c) Textbooks and individualized instructional materials 42.2 must be loaned only to individual pupils upon the request of a 42.3 parent or guardian or the pupil on a form designated for this 42.4 use by the commissioner. The request forms shall provide for 42.5 verification by the parent or guardian or pupil that the 42.6 requested textbooks and individualized instructional materials 42.7 are for the use of the individual pupil in connection with a 42.8 program of instruction in the pupil's elementary or secondary 42.9 school. 42.10(d) The servicing school district or the intermediary42.11service area must take adequate measures to ensure an accurate42.12and periodic inventory of all textbooks and individualized42.13instructional materials loaned to elementary and secondary42.14school pupils attending nonpublic schools. The commissioner of42.15children, families, and learning shall promulgate rules under42.16the provisions of chapter 14 to terminate the eligibility of any42.17nonpublic school pupil if the commissioner determines, after42.18notice and opportunity for hearing, that the textbooks or42.19individualized instructional materials have been used in a42.20manner contrary to the provisions of section 123B.41,42.21subdivision 5, 123B.42, or this section or any rules promulgated42.22by the commissioner of children, families, and learning.42.23(e) Nothing contained in section 123B.41, subdivision 5,42.24123B.42, or this section shall be construed to authorize the42.25making of any payments to a nonpublic school or its faculty,42.26staff or administrators for religious worship or instruction or42.27for any other purpose.42.28 Sec. 11. Minnesota Statutes 1999 Supplement, section 42.29 123B.445, is amended to read: 42.30 123B.445 [NONPUBLIC EDUCATION COUNCIL.] 42.31 (a) The commissioner shall appoint a 15-member council on 42.32 nonpublic education, with the advice and consent of the senate. 42.33 The 15 members shall represent various areas of the state, 42.34 represent various methods of providing nonpublic education, and 42.35 shall be knowledgeable about nonpublic education. The 42.36 compensation, removal of members, filling of vacancies, and 43.1 terms are governed by section 15.0575. The council shall not 43.2 expire. The council shall advise the commissioner on issues 43.3 affecting nonpublic education and nonpublic schools. The 43.4 council may recognize educational accrediting agencies, for the 43.5 sole purpose of sections 120A.22, 120A.24, and 120A.26. 43.6 (b) A parent or guardian of a nonpublic school pupil or a 43.7 nonpublic school may file a complaint about services provided 43.8 under sections 123B.40 to 123B.42, and 123B.44 to 123B.48 with 43.9 the nonpublic education council. The council may review the 43.10 complaint and make a recommendation for resolution to the 43.11 commissioner. 43.12 Sec. 12. Minnesota Statutes 1998, section 123B.49, 43.13 subdivision 1, is amended to read: 43.14 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 43.15Whenever it appears to be beneficial and for the best interest43.16of the district and the pupils of the district to carry on any43.17school sport activities or educational activities connected with43.18their studies outside of the territorial limits of the district,43.19 The board may authorizesuchactivitiesto beconducted outside 43.20 of the territorial limits of the district under such rules and 43.21 regulations as the board deems sufficient. The district may pay 43.22 all necessary costs therefor including transportation from the 43.23 district funds available. 43.24 Sec. 13. Minnesota Statutes 1999 Supplement, section 43.25 123B.49, subdivision 4, is amended to read: 43.26 Subd. 4. [BOARDCONTROLAUTHORIZATION OF EXTRACURRICULAR 43.27 ACTIVITIES.] (a) The board maytake charge of and control43.28 authorize all extracurricular activities of the teachers and 43.29 children of the public schools in the district. Extracurricular 43.30 activities means all direct and personal services for pupils for 43.31 their enjoyment that are managed and operated under the guidance 43.32 of an adult or staff member. The board shall allow all resident 43.33 pupils receiving instruction in a home school as defined in 43.34 section 123B.36, subdivision 1, paragraph (a), to be eligible to 43.35 fully participate in extracurricular activities on the same 43.36 basis as public school students. 44.1 (b) Extracurricular activities have all of the following 44.2 characteristics: 44.3 (1) they are not offered for school credit nor required for 44.4 graduation; 44.5 (2) they are generally conducted outside school hours, or 44.6 if partly during school hours, at times agreed by the 44.7 participants, and approved by school authorities; 44.8 (3) the content of the activities is determined primarily 44.9 by the pupil participants under the guidance of a staff member 44.10 or other adult. 44.11 (c) If the board does nottake charge of and control44.12 authorize extracurricular activities, these activities shall be 44.13 self-sustaining with all expenses, except direct salary costs 44.14 and indirect costs of the use of school facilities, met by dues, 44.15 admissions, or other student fundraising events. The general 44.16 fund must reflect only those salaries directly related to and 44.17 readily identified with the activity and paid by public funds. 44.18 Other revenues and expenditures for extra curricular activities 44.19 must be recorded according to the "Manual of Instruction for 44.20 Uniform Student Activities Accounting for Minnesota School 44.21 Districts and Area Vocational-Technical Colleges." 44.22 Extracurricular activities not under board control must have an 44.23 annual financial audit and must also be audited annually for 44.24 compliance with this section. 44.25 (d) If the boardtakes charge of and controlsauthorizes 44.26 extracurricular activities, any or all costs of these activities 44.27 may be provided from school revenues and all revenues and 44.28 expenditures for these activities shall be recorded in the same 44.29 manner as other revenues and expenditures of the district. 44.30 (e) If the boardtakes charge of and controlsauthorizes 44.31 extracurricular activities, the teachers or pupils in the 44.32 district must not participate in such activity, nor shall the 44.33 school name or any allied name be used in connection therewith, 44.34 except by consent and direction of the board. 44.35 Sec. 14. Minnesota Statutes 1998, section 123B.51, 44.36 subdivision 1, is amended to read: 45.1 Subdivision 1. [SITES.] According to section 126C.40, 45.2 subdivision 1, or 465.71, when funds are available, the board 45.3 may locate and acquire necessary sites ofschoolhousesschools 45.4 or enlargements, or additions to existingschoolhouse sites45.5 schools by lease, purchase or condemnation under the right of 45.6 eminent domain; it may erectschoolhousesschools on the sites; 45.7 it may erect or purchase garages for district-owned school 45.8 buses. When property is taken by eminent domain by authority of 45.9 this subdivision when needed by the district for such purposes, 45.10 the fact that the property has been acquired by the owner under 45.11 the power of eminent domain or is already devoted to public use, 45.12 shall not prevent its acquisition by the district. The board 45.13 may sell or exchangeschoolhousesschools or sites, and execute 45.14 deeds of conveyance thereof. 45.15 Sec. 15. Minnesota Statutes 1998, section 123B.51, 45.16 subdivision 5, is amended to read: 45.17 Subd. 5. [SCHOOLHOUSESCHOOL CLOSING.] The board may close 45.18 aschoolhouseschool only after a public hearing on the question 45.19 of the necessity and practicability of the proposed closing. 45.20 Published notice of the hearing shall be given for two weeks in 45.21 the official newspaper of the district. The time and place of 45.22 the meeting, the description and location of theschoolhouse45.23 school, and a statement of the reasons for the closing must be 45.24 specified in the notice. Parties requesting to give testimony 45.25 for and against the proposal shall be heard by the board before 45.26 it makes a final decision to close or not to close 45.27 theschoolhouseschool. 45.28 Sec. 16. Minnesota Statutes 1999 Supplement, section 45.29 123B.73, subdivision 1, is amended to read: 45.30 Subdivision 1. [INSPECTION.] The commissionerand the45.31state fire marshal shall develop a plan to inspect once every45.32three years every public school facility used for educational45.33purposesshall contract with the fire marshal to conduct fire 45.34 safety inspections of all school buildings. Each school 45.35 facility shall be inspected once every three years or more 45.36 frequently at the request of the school district or the 46.1 commissioner.Inspections must begin during the 1990-199146.2school year. The plan must provide for continued inspection by46.3local units of government of public school facilities that have46.4been inspected by a local unit of government between January 1,46.51987, and January 1, 1990, and may provide for inspections by46.6local units of government in other situations. Each inspection46.7report must be filed with the commissioner, the local school46.8board, and the state fire marshal. Notwithstanding section46.9299F.011, subdivisions 5a and 5b, a variance from the code must46.10be approved by the state fire marshal before taking effect. The46.11commissioner may request that the state fire marshal inspect a46.12particular school facility.46.13 Sec. 17. Minnesota Statutes 1998, section 123B.83, 46.14 subdivision 1, is amended to read: 46.15 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 46.16Beginning in fiscal year 1978 and in each year thereafter,A 46.17 district which had statutory operating debt on June 30, 1977 46.18 pursuant to section 126C.42 must limit its expenditures in each 46.19 fiscal year so that the amount of its statutory operating debt 46.20 calculated at the end of that fiscal year is not greater than 46.21 the amount of the district's statutory operating debt as of June 46.22 30, 1977, as certified and adjusted by the commissioner, 46.23 increased by an amount equal to 2-1/2 percent of that district's 46.24 operating expenditures for the fiscal year for which the 46.25 statutory operating debt calculation is being made. 46.26 (b) When a district is no longer required to levy pursuant 46.27 to section 126C.42, subdivision 1, subdivision 2 is applicable. 46.28 Sec. 18. Minnesota Statutes 1998, section 123B.90, 46.29 subdivision 1, is amended to read: 46.30 Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The third week of 46.31 school is designated as school bus safety week. 46.32A school board may designate one day of school bus safety46.33week as school bus driver day.46.34 Sec. 19. Minnesota Statutes 1999 Supplement, section 46.35 123B.90, subdivision 2, is amended to read: 46.36 Subd. 2. [STUDENT TRAINING.] (a) Each district must 47.1 provide public school pupils enrolled in grades kindergarten 47.2 through 10 with age-appropriate school bus safety training. The 47.3 training must be results-oriented and shall consist of both 47.4 classroom instruction and practical training using a school 47.5 bus. Upon completing the training, a student shall be able to 47.6 demonstrate knowledge and understanding of at least the 47.7 following competencies and concepts: 47.8 (1) transportation by school bus is a privilege and not a 47.9 right; 47.10 (2) district policies for student conduct and school bus 47.11 safety; 47.12 (3) appropriate conduct while on the school bus; 47.13 (4) the danger zones surrounding a school bus; 47.14 (5) procedures for safely boarding and leaving a school 47.15 bus; 47.16 (6) procedures for safe street or road crossing; 47.17 (7) school bus evacuation and other emergency procedures; 47.18 and 47.19 (8) appropriate training on the use of lap belts or lap and 47.20 shoulder belts, if the district uses buses equipped with lap 47.21 belts or lap and shoulder belts. 47.22 (b) Each nonpublic school located within the district must 47.23 provide all nonpublic school pupils enrolled in grades 47.24 kindergarten through 10 who are transported by school bus at 47.25 public expense and attend school within the district's 47.26 boundaries with training as required in paragraph (a). The 47.27 school district shall make a bus available for the practical 47.28 training if the district transports the nonpublic students. 47.29 Each nonpublic school shall provide the instruction. 47.30 (c)All students enrolled in grades kindergarten through 347.31who are transported by school bus and are enrolled during the47.32first or second week of school must demonstrate achievement of47.33the school bus safety training competencies by the end of the47.34third week of school. All students enrolled in grades 4 through47.3510 who are transported by school bus and are enrolled during the47.36first or second week of school must demonstrate achievement of48.1the competencies by the end of the sixth week of school.48.2Students enrolled in grades kindergarten through 10 who enroll48.3in a school after the second week of school and are transported48.4by school bus shall undergo school bus safety training and48.5demonstrate achievement of the school bus safety competencies48.6within four weeks of the first day of attendance. The pupil48.7transportation safety director in each district must certify to48.8the commissioner annually that all students transported by48.9school bus within the district have satisfactorily demonstrated48.10knowledge and understanding of the school bus safety48.11competencies according to this section or provide an explanation48.12for a student's failure to demonstrate the competencies. The48.13principal or other chief administrator of each nonpublic school48.14must certify annually to the public transportation safety48.15director of the district in which the school is located that all48.16of the school's students transported by school bus at public48.17expense have received training. A district may deny48.18transportation to a student who fails to demonstrate the48.19competencies, unless the student is unable to achieve the48.20competencies due to a disability, or to a student who attends a48.21nonpublic school that fails to provide training as required by48.22this subdivision.48.23(d) A district and a nonpublic school with students48.24transported by school bus at public expense must, to the extent48.25possible, provide kindergarten pupils with bus safety training48.26before the first day of school.48.27(e)A district and a nonpublic school with students 48.28 transported by school bus at public expense must also provide 48.29 student safety education for bicycling and pedestrian safety, 48.30 for students enrolled in grades kindergarten through 5. 48.31(f)(d) A district and a nonpublic school with students 48.32 transported by school bus at public expense must make reasonable 48.33 accommodations for the school bus, bicycle, and pedestrian 48.34 safety training of pupils known to speak English as a second 48.35 language and pupils with disabilities. 48.36 Sec. 20. Minnesota Statutes 1999 Supplement, section 49.1 123B.91, subdivision 1, is amended to read: 49.2 Subdivision 1. [COMPREHENSIVE POLICY.] Each district must 49.3 develop and implement a comprehensive, written policy governing 49.4 pupil transportation safety, including transportation of 49.5 nonpublic school students, when applicable. The policy shall, 49.6 at minimum, contain: 49.7 (1) provisions for appropriate student bus safety training 49.8 under section 123B.90; 49.9 (2) rules governing student conduct on school buses and in 49.10 school bus loading and unloading areas; 49.11 (3) a statement of parent or guardian responsibilities 49.12 relating to school bus safety; 49.13 (4) provisions for notifying students and parents or 49.14 guardians of their responsibilities and the rules, including the 49.15 district's seat belt policy, if applicable; 49.16 (5) an intradistrict system for reporting school bus 49.17 accidents or misconduct and a system for dealing with local law 49.18 enforcement officials in cases of criminal conduct on a school 49.19 bus; 49.20 (6) a discipline policy to address violations of school bus 49.21 safety rules, including procedures for revoking a student's bus 49.22 riding privileges in cases of serious or repeated misconduct; 49.23 (7) a system for integrating school bus misconduct records 49.24 with other discipline records; 49.25 (8) a statement of bus driver duties; 49.26 (9) planned expenditures for safety activities under 49.27 section 123B.89 and, where applicable, provisions governing bus 49.28 monitor qualifications, training, and duties; 49.29 (10) rules governing the use and maintenance of type III 49.30 vehicles, drivers of type III vehicles, qualifications to drive 49.31 a type III vehicle, qualifications for a type III vehicle and 49.32 the circumstances under which a student may be transported in a 49.33 type III vehicle; 49.34 (11) operating rules and procedures; 49.35 (12) provisions for annual bus driver in-service training 49.36 and evaluation; 50.1 (13) emergency procedures; 50.2 (14) a system for maintaining and inspecting equipment; 50.3 (15) requirements of the school district, if any, that 50.4 exceed state law minimum requirements for school bus operations; 50.5 and 50.6 (16) requirements for basic first aid training, which must 50.7 include the Heimlich maneuver and procedures for dealing with 50.8 obstructed airways, shock, bleeding, and seizures. 50.9Districts are encouraged to use the model policy developed50.10by the Minnesota school boards association, the department of50.11public safety, and the department of children, families, and50.12learning, as well as the current edition of the "National50.13Standards for School Buses and Operations" published by the50.14National Safety Council, in developing safety policies.Each 50.15 district shall review its policy annually and make appropriate 50.16 amendments, which must be submitted to the school bus safety 50.17 advisory committee within one month of approval by the school 50.18 board. 50.19 Sec. 21. [REPEALER.] 50.20 (a) Minnesota Statutes 1998, sections 123B.02, subdivisions 50.21 5, 6, 10, 11, 13, and 16; 123B.04, subdivision 4; 123B.11; 50.22 123B.147, subdivisions 1 and 3; 123B.15; 123B.16; 123B.17; 50.23 123B.18; 123B.19; 123B.40; 123B.49, subdivisions 2 and 3; 50.24 123B.51, subdivisions 2, 3, and 4; 123B.744; 123B.84; 123B.87; 50.25 123B.88, subdivisions 11, 13, 18, 20, and 22; 123B.93; and 50.26 123B.95, subdivision 3, are repealed. 50.27 (b) Minnesota Statutes 1999 Supplement, sections 123B.02, 50.28 subdivision 9; and 123B.88, subdivisions 12 and 21, are repealed. 50.29 ARTICLE 7 50.30 EDUCATION PROGRAMS 50.31 Section 1. Minnesota Statutes 1998, section 124D.02, 50.32 subdivision 1, is amended to read: 50.33 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The boardmay50.34establish and maintain one or more kindergartens for the50.35instruction of children and after July 1, 1974, shall provide50.36 must make kindergarten instruction available for all eligible 51.1 children, either in the district or in another district.All51.2children to be eligibleEligibility for kindergarten must beat51.3least five years of age on September 1 of the calendar year in51.4which the school year commences. In addition all children51.5selected under an early admissions policy established by the51.6school board may be admitted. Nothing in this section shall51.7prohibit a school district from establishing head start,51.8prekindergarten, or nursery school classes for children below51.9kindergarten agedetermined according to section 120A.20, 51.10 subdivision 1. Any school board with evidence that providing 51.11 kindergarten will cause an extraordinary hardship on the school 51.12 district may apply to the commissioner of children, families, 51.13 and learning for an exception. 51.14 Sec. 2. Minnesota Statutes 1998, section 124D.03, 51.15 subdivision 3, is amended to read: 51.16 Subd. 3. [PUPIL APPLICATION PROCEDURES.] In order that a 51.17 pupil may attend a school or program in a nonresident district, 51.18 the pupil's parent or guardian must submit an application to the 51.19 nonresident district.Before submitting an application, the51.20pupil and the pupil's parent or guardian must explore with a51.21school guidance counselor, or other appropriate staff member51.22employed by the district the pupil is currently attending, the51.23pupil's academic or other reason for applying to enroll in a51.24nonresident district. The pupil's application must identify the51.25reason for enrolling in the nonresident district.The parent or 51.26 guardian of a pupil must submit an application byJanuary51.2715June 1 for initial enrollment beginning the following school 51.28 year. The application must be on a form provided by the 51.29 department of children, families, and learning. A particular 51.30 school or program may be requested by the parent. Once enrolled 51.31 in a nonresident district, the pupil may remain enrolled and is 51.32 not required to submit annual or periodic applications. To 51.33 return to the resident district or to transfer to a different 51.34 nonresident district, the parent or guardian of the pupil must 51.35 provide notice to the resident district or apply to a different 51.36 nonresident district byJanuary 15June 1 for enrollment 52.1 beginning the following school year. Each district must accept 52.2 or reject an application it receives and notify the parent or 52.3 guardian in writing within 30 calendar days of receiving the 52.4 application. A notification of acceptance must include the date 52.5 enrollment can begin. Within ten days of receiving the 52.6 notification from the nonresident district, the parent or 52.7 guardian must inform the nonresident district whether the pupil 52.8 intends to enroll in the nonresident district. 52.9 Sec. 3. Minnesota Statutes 1998, section 124D.09, 52.10 subdivision 5, is amended to read: 52.11 Subd. 5. [AUTHORIZATION; NOTIFICATION.]Notwithstanding52.12any other law to the contrary,An 11th or 12th grade pupil 52.13 enrolled in a school or an American Indian-controlled tribal 52.14 contract or grant school eligible for aid under section 124D.83, 52.15 except a foreign exchange pupil enrolled in a district under a 52.16 cultural exchange program, may apply to an eligible institution, 52.17 as defined in subdivision 3, to enroll in nonsectarian courses 52.18 offered by that post-secondary institution. If an institution 52.19 accepts a secondary pupil for enrollment under this section, the 52.20 institution shall send written notice to the pupil, the pupil's 52.21 school or school district, and the commissioner within ten days 52.22 of acceptance. The notice must indicate the course and hours of 52.23 enrollment of that pupil. If the pupil enrolls in a course for 52.24 post-secondary credit, the institution must notify the pupil 52.25 about payment in the customary manner used by the institution. 52.26 Sec. 4. Minnesota Statutes 1998, section 124D.09, 52.27 subdivision 6, is amended to read: 52.28 Subd. 6. [COUNSELINGPARENTAL CONSENT.]To the extent52.29possible, the school or school district must provide counseling52.30services to pupils and their parents or guardian before the52.31pupils enroll in courses under this section to ensure that the52.32pupils and their parents or guardian are fully aware of the52.33risks and possible consequences of enrolling in post-secondary52.34courses. The school or school district must provide information52.35on the program including who may enroll, what institutions and52.36courses are eligible for participation, the decision-making53.1process for granting academic credits, financial arrangements53.2for tuition, books and materials, eligibility criteria for53.3transportation aid, available support services, the need to53.4arrange an appropriate schedule, consequences of failing or not53.5completing a course in which the pupil enrolls, the effect of53.6enrolling in this program on the pupil's ability to complete the53.7required high school graduation requirements, and the academic53.8and social responsibilities that must be assumed by the pupils53.9and their parents or guardian. The person providing counseling53.10shall encourage pupils and their parents or guardian to also use53.11available counseling services at the post-secondary institutions53.12before the quarter or semester of enrollment to ensure that53.13anticipated plans are appropriate.53.14 Prior to enrolling in a course, the pupil and the pupil's 53.15 parents or guardian must sign a form that must be provided by 53.16 the school or school district and may be obtained from a 53.17 post-secondary institution statingthat they have received the53.18information specified in this subdivision andthat they 53.19 understand the responsibilities that must be assumed in 53.20 enrolling in this program. The department must, upon request, 53.21 provide technical assistance to a school or school district in 53.22 developing appropriate forms and counseling guidelines. 53.23 Sec. 5. Minnesota Statutes 1998, section 124D.09, 53.24 subdivision 7, is amended to read: 53.25 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 53.26 INTENT TO ENROLL.]By March 1 of each year,A district must 53.27 adopt policies for deadlines and provide general information 53.28 about the program to all pupils in grades 10 and 11.To assist53.29the district in planning, a pupil shall inform the district by53.30March 30 of each year of the pupil's intent to enroll in53.31post-secondary courses during the following school year. A53.32pupil is not bound by notifying or not notifying the district by53.33March 30.53.34 Sec. 6. Minnesota Statutes 1998, section 124D.09, 53.35 subdivision 12, is amended to read: 53.36 Subd. 12. [CREDITS.] A pupil may enroll in a course under 54.1 this section for either secondary credit or post-secondary 54.2 credit. At the time a pupil enrolls in a course, the pupil 54.3 shall designate whether the course is for secondary or 54.4 post-secondary credit. A pupil taking several courses may 54.5 designate some for secondary credit and some for post-secondary 54.6 credit. A pupil must not audit a course under this section. 54.7 A district shall grant academic credit to a pupil enrolled 54.8 in a course for secondary credit if the pupil successfully 54.9 completes the course.Seven quarter or four semester college54.10credits equal at least one full year of high school credit.54.11Fewer college credits may be prorated. A district must also54.12grant academic credit to a pupil enrolled in a course for54.13post-secondary credit if secondary credit is requested by a54.14pupil. If no comparable course is offered by the district, the54.15district must, as soon as possible, notify the commissioner, who54.16shall determine the number of credits that shall be granted to a54.17pupil who successfully completes a course. If a comparable54.18course is offered by the district, the school board shall grant54.19a comparable number of credits to the pupil. If there is a54.20dispute between the district and the pupil regarding the number54.21of credits granted for a particular course, the pupil may appeal54.22the board's decision to the commissioner. The commissioner's54.23decision regarding the number of credits shall be final.54.24 The secondary credits granted to a pupil must be counted 54.25 toward the graduation requirements and subject area requirements 54.26 of the district.Evidence of successful completion of each54.27course and secondary credits granted must be included in the54.28pupil's secondary school record. A pupil shall provide the54.29school with a copy of the pupil's grade in each course taken for54.30secondary credit under this section. Upon the request of a54.31pupil, the pupil's secondary school record must also include54.32evidence of successful completion and credits granted for a54.33course taken for post-secondary credit. In either case, the54.34record must indicate that the credits were earned at a54.35post-secondary institution.54.36If a pupil enrolls in a post-secondary institution after55.1leaving secondary school, the post-secondary institution must55.2award post-secondary credit for any course successfully55.3completed for secondary credit at that institution. Other55.4post-secondary institutions may award, after a pupil leaves55.5secondary school, post-secondary credit for any courses55.6successfully completed under this section. An institution may55.7not charge a pupil for the award of credit.55.8 Sec. 7. Minnesota Statutes 1998, section 124D.10, 55.9 subdivision 1, is amended to read: 55.10 Subdivision 1. [PURPOSESEXPECTED OUTCOMES.] (a) 55.11 Thepurpose of this section isexpected outcomes of a charter 55.12 school are to: 55.13 (1) improve pupil learning; 55.14 (2) increase learning opportunities for pupils; 55.15 (3) encourage the use of different and innovative teaching 55.16 methods; 55.17 (4) require the measurement of learning outcomes and create 55.18 different and innovative forms of measuring outcomes; 55.19 (5) establish new forms of accountability for schools; or 55.20 (6) create new professional opportunities for teachers, 55.21 including the opportunity to be responsible for the learning 55.22 program at the school site. 55.23 (b) This section does not provide a means to keep open a 55.24 school that otherwise would be closed. Applicants in these 55.25 circumstances bear the burden of proving that conversion to a 55.26 charter school fulfills a purpose specified in this subdivision, 55.27 independent of the school's closing. 55.28 Sec. 8. Minnesota Statutes 1999 Supplement, section 55.29 124D.10, subdivision 6, is amended to read: 55.30 Subd. 6. [CONTRACT.] The sponsor's authorization for a 55.31 charter school must be in the form of a written contract signed 55.32 by the sponsor and the board of directors of the charter 55.33 school. The contract must be completed within 90 days of the 55.34 commissioner's approval of the sponsor's proposed authorization. 55.35 The contract for a charter school must be in writing and contain 55.36 at least the following: 56.1 (1) a description of a program that carries out one or more 56.2 of thepurposesexpected outcomes in subdivision 1; 56.3 (2) specific outcomes pupils are to achieve under 56.4 subdivision 10; 56.5 (3) admission policies and procedures; 56.6 (4) management and administration of the school; 56.7 (5) requirements and procedures for program and financial 56.8 audits; 56.9 (6) how the school will comply with subdivisions 8, 13, 16, 56.10 and 23; 56.11 (7) assumption of liability by the charter school; 56.12 (8) types and amounts of insurance coverage to be obtained 56.13 by the charter school; 56.14 (9) the term of the contract, which may be up to three 56.15 years; and 56.16 (10) if the board of directors or the operators of the 56.17 charter school provide special instruction and services for 56.18 children with a disability under sections 125A.03 to 125A.24, 56.19 and 125A.65, a description of the financial parameters within 56.20 which the charter school will operate to provide the special 56.21 instruction and services to children with a disability. 56.22 Sec. 9. Minnesota Statutes 1999 Supplement, section 56.23 124D.10, subdivision 15, is amended to read: 56.24 Subd. 15. [REVIEW AND COMMENT.] The department must review 56.25 and comment on the evaluation, by the chartering school 56.26 district, of the performance of a charter school before the 56.27 charter school's contract is renewed.The information from the56.28review and comment shall be reported to the commissioner of56.29children, families, and learning in a timely manner.56.30Periodically, the commissioner shall report trends or56.31suggestions based on the evaluation of charter school contracts56.32to the education committees of the state legislature.56.33 Sec. 10. Minnesota Statutes 1998, section 124D.10, 56.34 subdivision 19, is amended to read: 56.35 Subd. 19. [DISSEMINATEAVAILABLE INFORMATION.] The 56.36sponsor, the operators, and thedepartment of children, 57.1 families, and learning mustdisseminatemake information 57.2 available to the public on how to form and operate a charter 57.3 school and how to utilize the offerings of a charter school. 57.4 Particular groups to be targeted include low-income families and 57.5 communities, and students of color. 57.6 Sec. 11. Minnesota Statutes 1998, section 124D.115, 57.7 subdivision 3, is amended to read: 57.8 Subd. 3. [PROGRAM REIMBURSEMENT.] (a)State funds are57.9provided to reimburse school breakfasts.Each school year, the 57.10 state must reimburse schools in the amount of 5.1 cents for each 57.11 fully paid breakfast and for each free and reduced price 57.12 breakfast not eligible for the "severe need" rate. 57.13 (b) In addition to paragraph (a), each school year the 57.14 state must reimburse schools 10.5 cents for each free and 57.15 reduced price breakfast not eligible for the "severe need" rate 57.16 if between 33 and 40 percent of the school lunches served during 57.17 the second preceding school year were served free or at a 57.18 reduced price. 57.19 Sec. 12. Minnesota Statutes 1998, section 124D.118, 57.20 subdivision 2, is amended to read: 57.21 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.]Each57.22district in the state is encouraged to participate in the57.23state-supported school milk program for kindergartners.57.24 Participating districts must provide one serving of milk on each 57.25 school day to each kindergarten student attending a public or 57.26 nonpublic school in the district.No student is required to57.27accept the milk that is provided by the district.The program 57.28 must be promoted and operated under the direction of the 57.29 commissioner or the commissioner's designee. 57.30 Sec. 13. Minnesota Statutes 1998, section 124D.118, 57.31 subdivision 3, is amended to read: 57.32 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 57.33 (a) The commissioner shall: 57.34 (1)encourage all districts to participate in the school57.35milk program for kindergartners;57.36(2) preparemaintain program guidelines, not subject to58.1chapter 14 until July 1, 1998,which will effectively and 58.2 efficiently distribute appropriated and donated money to 58.3 participating districts; and 58.4(3)(2) seek donations and matching funds from appropriate 58.5 private and public sources. 58.6 (b) Program guidelines may provide for disbursement to 58.7 districts through a mechanism of prepayments or by reimbursement 58.8 for approved program expenses. 58.9 Sec. 14. Minnesota Statutes 1998, section 124D.28, 58.10 subdivision 1, is amended to read: 58.11 Subdivision 1. [MANDATORY COMPONENTSEXPECTATIONS.] The 58.12 expected outcomes of a family connections program must include: 58.13 (1)participation by a designateddesignation of an 58.14 individual as a career teacher, principal-teacher, or counselor 58.15 teacher; 58.16 (2) an increased emphasis on each individual child's unique 58.17 learning and development needs beginning with early childhood 58.18 family education; 58.19 (3)procedures to give the career teacher a major58.20responsibility for leadership of the instructional and58.21noninstructional activities of each child beginning with early58.22childhood family education;58.23(4) procedures to involveincreased involvement of parents 58.24 in the learning and development experiences of their 58.25 children; and 58.26(5) procedures to implement outcome based education by58.27focusing on the needs of the learner;58.28(6) procedures to coordinate and integrate(4) increased 58.29 involvement of the instructional program with all community 58.30 education programs;58.31(7) procedures to concentrate career teacher programs at58.32sites that provide early childhood family education and58.33subsequent learning and development programs; and58.34(8) procedures for the district to fund the program. 58.35 Sec. 15. Minnesota Statutes 1998, section 124D.29, is 58.36 amended by adding a subdivision to read: 59.1 Subd. 6. [DISTRICT COMPONENTS.] The school board and the 59.2 exclusive bargaining representative of the teachers that has a 59.3 family connections program shall negotiate: 59.4 (1) staff to student ratios; 59.5 (2) procedures for teachers, principals, and counselors to 59.6 apply for and renew the position of career teacher, 59.7 principal-teacher, or counselor teacher; and 59.8 (3) the duties of the career teacher, principal-teacher, or 59.9 counselor teacher. 59.10 Sec. 16. Minnesota Statutes 1998, section 124D.30, 59.11 subdivision 3, is amended to read: 59.12 Subd. 3. [COMMISSIONER APPROVAL.] The commissionermay59.13 shall approve plans and applications for districts throughout 59.14 the state for family connections aid. The commissioner shall 59.15 establish application procedures and deadlines. 59.16 Sec. 17. Minnesota Statutes 1998, section 124D.34, 59.17 subdivision 4, is amended to read: 59.18 Subd. 4. [FOUNDATION PROGRAMS AND DUTIES.] The foundation 59.19 shall advance applied leadership and intracurricular vocational 59.20 learning experiences for students.These may include, but are59.21not limited to:59.22(1) recognition programs and awards for students59.23demonstrating excellence in applied leadership;59.24(2) summer programs for student leadership, career59.25development, applied academics, and mentorship programs with59.26business and industry;59.27(3) recognition programs for teachers, administrators, and59.28others who make outstanding contributions to school-to-work59.29programs;59.30(4) outreach programs to increase the involvement of urban59.31and suburban students;59.32(5) organized challenges requiring cooperation and59.33competition for secondary and post-secondary students;59.34(6) assistance and training to community teams to increase59.35career awareness and empowerment of youth as community leaders;59.36and60.1(7) assessment and activities in order to plan for and60.2implement continuous improvement.60.3To the extent possible, the foundation shall make these60.4programs available to students in all parts of the state.The 60.5 foundation may receive public and private money, grants, and 60.6 in-kind services and goods from nonstate sources without 60.7 complying with section 7.09, subdivision 1. 60.8 Sec. 18. Minnesota Statutes 1998, section 124D.35, is 60.9 amended to read: 60.10 124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 60.11The commissioner shall establishA youth entrepreneurship 60.12 education programto improve the academic and entrepreneurial60.13skills of students and aid in their transition from school to60.14business creation. The programshall strengthen local economies 60.15 by creating jobs that enable citizens to remain in their 60.16 communities and to foster cooperation among educators, economic 60.17 development professionals, business leaders, and representatives 60.18 of labor. Assistance under this section shall be available to 60.19 new or existing student-operated or school-operated businesses 60.20 that have an educational purpose, and provide service or 60.21 products for customers or clients who do not attend or work at 60.22 the sponsoring school. The commissioner may require an equal 60.23 local match for assistance under this section up to the maximum 60.24 grant amount of $20,000. 60.25 Sec. 19. Minnesota Statutes 1998, section 124D.37, is 60.26 amended to read: 60.27 124D.37 [PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 60.28 WORKS ACT.] 60.29 Thepurposesexpected outcomes of sections 124D.37 to 60.30 124D.45 are to: 60.31 (1)renew the ethic ofpromote civic responsibility in 60.32 Minnesota; 60.33 (2)empower youth toimprovetheir life opportunities60.34throughyouth literacy, job placement, and other essential life 60.35 skills; 60.36 (3)empower governmentimprove government'sto meet its61.1 responsibility to prepare young people to be contributing 61.2 members of society; 61.3 (4) help meethumancivic, educational, environmental, and 61.4 public safety needs, particularly those needs relating to 61.5 poverty; 61.6 (5)prepare a citizenry that is academically competent,61.7ready for work, and socially responsible;61.8(6)demonstrate the connection between youth and meaningful 61.9 communityservice, community service and education, and61.10education and meaningful opportunities in the business61.11community;61.12(7) demonstrate the connection between providing61.13opportunities for at-risk youth and reducing crime rates and the61.14social costs of troubled youthactivities; 61.15(8)(6) create linkages for a comprehensive youth service 61.16 and learning program in Minnesotaincluding school age programs,61.17higher education programs, youth work programs, and service61.18corps programs; and 61.19(9)(7) coordinate federal and state activities that 61.20 advance the purposes in this section. 61.21 Sec. 20. Minnesota Statutes 1998, section 124D.40, 61.22 subdivision 2, is amended to read: 61.23 Subd. 2. [GRANT AUTHORITY.] The commissionand, beginning61.24January 1, 1997, the councilmust use any state appropriation 61.25 and any available federal funds, including any grant received 61.26 under federal law, to award grants to establish programs for 61.27 youth works meeting the requirements of section 124D.41. At 61.28 least one grant each must be available for a metropolitan 61.29 proposal, a rural proposal, and a statewide proposal. If a 61.30 portion of the suburban metropolitan area is not included in the 61.31 metropolitan grant proposal, the statewide grant proposal must 61.32 incorporate at least one suburban metropolitan area.In61.33awarding grants, the commission and, beginning January 1, 1997,61.34the council may select at least one residential proposal and one61.35nonresidential proposal, provided the proposals meet or exceed61.36the criteria in section 124D.41.62.1 Sec. 21. Minnesota Statutes 1998, section 124D.41, is 62.2 amended to read: 62.3 124D.41 [GRANT APPLICATIONS.] 62.4 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 62.5 seeking federal or state grant money under sections 124D.39 to 62.6 124D.44 shall prepare and submit to the commissionand,62.7beginning January 1, 1997, the councilan application that meets 62.8 the requirementsof this sectiondeveloped by the commission. 62.9 The commissionand, beginning January 1, 1997, the councilmust 62.10 develop, and the applying organizations must comply with, the62.11form and manner of the applicationrequirements that meet the 62.12 expected outcomes in section 124D.37. 62.13 Subd. 2. [APPLICATION CONTENT.] An applicant on its 62.14 application must:describe how it intends to meet the expected 62.15 outcomes in section 124D.37. 62.16(1) propose a program to provide participants the62.17opportunity to perform community service to meet specific unmet62.18community needs, and participate in classroom, work-based, and62.19service-learning;62.20(2) assess the community's unmet educational, human,62.21environmental, and public safety needs, the resources and62.22programs available for meeting those needs, and how young people62.23participated in assessing community needs;62.24(3) describe the educational component of the program,62.25including classroom hours per week, classroom time for62.26participants to reflect on the program experience, and62.27anticipated academic outcomes related to the service experience;62.28(4) describe the work to be performed, the ratio of youth62.29participants to crew leaders and mentors, and the expectations62.30and qualifications for crew leaders and mentors;62.31(5) describe local funds or resources available to meet the62.32match requirements of section 124D.44;62.33(6) describe any funds available for the program from62.34sources other than the requested grant;62.35(7) describe any agreements with local businesses to62.36provide participants with work-learning opportunities and63.1mentors;63.2(8) describe any agreement with local post-secondary63.3educational institutions to offer participants course credits63.4for their community service-learning experience;63.5(9) describe any agreement with a local high school or an63.6alternative learning center to provide remedial education,63.7credit for community service work and work-based learning, or63.8graduate equivalency degrees;63.9(10) describe any pay for service or other program delivery63.10mechanism that will provide reimbursement for benefits conferred63.11or recover costs of services participants perform;63.12(11) describe how local resources will be used to provide63.13support and assistance for participants to encourage them to63.14continue with the program, fulfill the terms of the contract,63.15and remain eligible for any postservice benefit;63.16(12) describe the arbitration mechanism for dispute63.17resolution required under section 124D.42, subdivision 2;63.18(13) describe involvement of community leaders in63.19developing broad-based support for the program;63.20(14) describe the consultation and sign-off process to be63.21used with any local labor organization representing employees in63.22the area engaged in work similar to that proposed for the63.23program to ensure that no current employees or available63.24employment positions will be displaced by program participants;63.25(15) certify to the commission and, beginning January 1,63.261997, the council, and to any certified bargaining63.27representatives representing employees of the applying63.28organization that the project will not decrease employment63.29opportunities that would be available without the project; will63.30not displace current employees including any partial63.31displacement in the form of reduced hours of work other than63.32overtime, wages, employment benefits, or regular seasonal work;63.33will not impair existing labor agreements; and will not result63.34in the substitution of project funding for preexisting funds or63.35sources of funds for ongoing work;63.36(16) describe the length of the required service period,64.1which may not be less than six months or more than two years, a64.2method to incorporate a participant's readiness to advance or64.3need for postservice financial assistance into individual64.4service requirements, and any opportunity for participating part64.5time or in another program;64.6(17) describe a program evaluation plan that contains64.7cost-effectiveness measures, measures of participant success64.8including educational accomplishments, job placements, community64.9contributions, and ongoing volunteer activities, outcome64.10measures based on a preprogram and postprogram survey of64.11community rates of arrest, incarceration, teenage pregnancy, and64.12other indicators of youth in trouble, and a list of local64.13resources dedicated to reducing these rates;64.14(18) describe a three-year financial plan for maintaining64.15the program;64.16(19) describe the role of local youth in developing all64.17aspects of the grant proposal; and64.18(20) describe the process by which the local private64.19industry council participated in, and reviewed the grant64.20application.64.21 Sec. 22. Minnesota Statutes 1998, section 124D.42, 64.22 subdivision 7, is amended to read: 64.23 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 64.24 grantee organization must assess and work to enhance the 64.25 educational level of each entering participant.Each grantee64.26shall work to enhance the educational skills of each64.27participant. The commission and, beginning January 1, 1997, the64.28council may coordinate or contract with educational institutions64.29or other providers for educational services and evaluation.All 64.30 grantees shall give priority to educating and training 64.31 participants who do not have a high school diploma or its 64.32 equivalent, or who cannot afford post-secondary training and 64.33 education. 64.34 Sec. 23. Minnesota Statutes 1998, section 124D.46, 64.35 subdivision 1, is amended to read: 64.36 Subdivision 1. [GOALSESTABLISHMENT.]To better prepare65.1all learners to make transitions between education and65.2employment,A comprehensive education and employment transitions 65.3 system is established that is driven by multisector partnerships 65.4 and takes a lifelong approach to workforce development. 65.5 Thegoals of thestatewide education and employment transitions 65.6 systemareshall develop and implement methods: 65.7 (1) to improve the skills learners need to achieve greater 65.8 levels of self-sufficiency through education, training, and 65.9 work; 65.10 (2) to improve work-related counseling and information 65.11 about career opportunities and vocational education programs 65.12 available to learners to facilitate workforce development; 65.13 (3) to integrate opportunities for work-based learning, 65.14 service-learning, and other applied learning methods into the 65.15elementary, secondary, and post-secondary curriculum andstate 65.16 and local graduation standards; 65.17(4) to increase participation in employment opportunities65.18and demonstrate the relationship between education and65.19employment at the elementary, secondary, and post-secondary65.20education levels;65.21(5)(4) to promote the efficient use of public and private 65.22 resources by coordinating elementary, secondary, and 65.23 post-secondary education with related government programs; 65.24(6)(5) to expand educational options available to all 65.25 learners through collaborative efforts between school districts, 65.26 post-secondary institutions, employers, organized labor, 65.27 workers, learners, parents, community-based organizations, and 65.28 other interested parties; 65.29(7)(6) to increase opportunities for women, minorities, 65.30 individuals with a disability, and at-risk learners to fully 65.31 participate in work-based learning; 65.32(8) to establish performance standards for learners that65.33integrate state and local graduation standards and generally65.34recognized industry and occupational skill standards;and 65.35(9)(7) to provide support systems including a unified 65.36 labor market information system; a centralized quality assurance 66.1 system with information on learner achievement, employer 66.2 satisfaction, and measurable system outcomes; a statewide 66.3 marketing system to promote the importance of lifework 66.4 development; a comprehensive professional development system for 66.5 public and private sector partners; and a comprehensive system 66.6 for providing technical support to local partnerships for 66.7 education and employment transitions. 66.8 Sec. 24. Minnesota Statutes 1998, section 124D.47, 66.9 subdivision 2, is amended to read: 66.10 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 66.11 comprehensive youth apprenticeship program must require 66.12 representatives of secondary and post-secondary school systems, 66.13 affected local businesses, industries, occupations and labor, as 66.14 well as the local community, to be actively and collaboratively 66.15 involved in advising and managing the program and ensuring, in 66.16 consultation with local private industry councils, that the 66.17 youth apprenticeship program meets local labor market demands, 66.18 provides student apprentices with the high skill training 66.19 necessary for career advancement, meets applicable state 66.20 graduation requirements and labor standards, pays apprentices 66.21 for their work and provides support services to program 66.22 participants. 66.23 (b) Local employers, collaborating with labor organizations 66.24 where appropriate, must assist the program by analyzing 66.25 workplace needs, creating work-related curriculum, employing and 66.26 adequately paying youth apprentices engaged in work-related 66.27 learning in the workplace, training youth apprentices to become 66.28 skilled in an occupation, providing student apprentices with a 66.29 workplace mentor, periodically informing the school of an 66.30 apprentice's progress, and making a reasonable effort to employ 66.31 youth apprentices who successfully complete the program. 66.32 (c) A student participating in a comprehensive youth 66.33 apprenticeship program must sign a youth apprenticeship 66.34 agreement with participating entities that obligates youth 66.35 apprentices, their parents or guardians, employers, and schools 66.36 to meet program requirements; indicates how academic67.1instruction, work-based learning, and worksite learning and67.2experience will be integrated; ensures that successful youth67.3apprentices will receive a recognized credential of academic and67.4occupational proficiency; and establishes the wage rate and67.5other benefits for which youth apprentices are eligible while67.6employed during the program. 67.7(d) Secondary school principals, counselors, or business67.8mentors familiar with the education to employment transitions67.9system must inform entering secondary school students about67.10available occupational and career opportunities and the option67.11of entering a youth apprenticeship or other work-based learning67.12program to obtain post-secondary academic and occupational67.13credentials.67.14 Sec. 25. Minnesota Statutes 1998, section 124D.49, 67.15 subdivision 3, is amended to read: 67.16 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 67.17 SYSTEMS.] A local education and employment transitions 67.18 partnership must assess the needs of employers, employees, and 67.19 learners, and develop a plan for implementing and achieving the 67.20 objectives of a local or regional education and employment 67.21 transitions system. The plan must provide for a comprehensive 67.22 local system for assisting learners and workers in making the 67.23 transition from school to work or for retraining in a new 67.24 vocational area. Theobjectivesexpected outcomes of a local 67.25 education and employment transitions system include: 67.26 (1) increasing the effectiveness of the educational 67.27 programsand curriculum of elementary, secondary, and67.28post-secondary schoolswhich meet state and local graduation 67.29 standards andthe work site in preparingprepare students in the 67.30 skills and knowledge needed to be successful in the workplace; 67.31 (2) implementing learner outcomes for students in grades 67.32 kindergarten through 12 designed to introduce the world of work 67.33 and to explore career opportunities, including nontraditional 67.34 career opportunities; 67.35 (3)eliminating barriers to providing effective integrated67.36applied learning, service-learning, or work-based curriculum;68.1(4) increasing opportunities to apply academic knowledge68.2and skills, including skills needed in the workplace, in local68.3settings which include the school, school-based enterprises,68.4post-secondary institutions, the workplace, and the community;68.5(5) increasing applied instruction in the attitudes and68.6skills essential for success in the workplace, including68.7cooperative working, leadership, problem-solving, and respect68.8for diversity;68.9(6)providing staff training for vocational guidance 68.10 counselors, teachers, and other appropriate staff in the 68.11 importance of preparing learners for the transition to work, and 68.12 in methods of providing instruction that incorporate applied 68.13 learning, work-based learning, and service-learning experiences; 68.14(7)(4) identifying and enlisting local and regional 68.15 employers who can effectively provide work-based or 68.16 service-learning opportunities, including, but not limited to, 68.17 apprenticeships, internships, and mentorships; 68.18(8)(5) recruiting community and workplace mentors 68.19 including peers, parents, employers and employed individuals 68.20 from the community, and employers of high school students; 68.21(9)(6) identifying current and emerging educational, 68.22 training, and employment needs of the area or region, especially 68.23 within industries with potential for job growth; 68.24(10)(7) improving the coordination and effectiveness of 68.25 local vocational and job training programs, including vocational 68.26 education, adult basic education, tech prep, apprenticeship, 68.27 service-learning, youth entrepreneur, youth training and 68.28 employment programs administered by the commissioner of economic 68.29 security, and local job training programs under the Job Training 68.30 Partnership Act, United States Code, title 29, section 1501, et 68.31 seq.; 68.32(11)(8) identifying and applying for federal, state, 68.33 local, and private sources of funding for vocational or applied 68.34 learning programs; 68.35(12)(9) providing students with current information and 68.36 counseling about career opportunities, potential employment, 69.1 educational opportunities in post-secondary institutions, 69.2 workplaces, and the community, and the skills and knowledge 69.3 necessary to succeed; 69.4(13) providing educational technology, including69.5interactive television networks and other distance learning69.6methods, to ensure access to a broad variety of work-based69.7learning opportunities;69.8(14)(10) including students with disabilities in a 69.9 district's vocational or applied learning program and ways to 69.10 serve at-risk learners through collaboration with area learning 69.11 centers under sections 123A.05 to 123A.09, or other alternative 69.12 programs; and 69.13(15)(11) providing a warranty to employers, post-secondary 69.14 education programs, and other post-secondary training programs, 69.15 that learners successfully completing a high school work-based 69.16 or applied learning program will be able to apply the knowledge 69.17 and work skills included in the program outcomes or graduation 69.18 requirements. The warranty shall require education and training 69.19 programs to continue to work with those learners that need 69.20 additional skill development until they can demonstrate 69.21 achievement of the program outcomes or graduation requirements. 69.22 Sec. 26. Minnesota Statutes 1998, section 124D.50, 69.23 subdivision 2, is amended to read: 69.24 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 69.25 commissioner, in consultation with the commission, shall develop 69.26 a service-learningprogram curriculum that includes apolicy 69.27 framework and strategies for youth community service and an 69.28 infrastructure for mentoring youth. The commissioner shall 69.29 include in the curriculum at least the following: 69.30 (1) youth community service strategies that enable young 69.31 people to make significant contributions to the welfare of their 69.32 community through such organizations as schools, colleges, 69.33 government agencies, and community-based organizations or 69.34 through individual efforts; 69.35 (2) mentoring strategies that enable young people to be 69.36 matched with caring, responsible individuals who can encourage 70.1 and guide the young people in their personal growth and 70.2 development; 70.3 (3) guidelines, criteria, and procedures for community 70.4 service programs that incorporate the results of the study in 70.5 subdivision 1; and 70.6 (4) criteria for community service activities and 70.7 service-learning. 70.8 Sec. 27. Minnesota Statutes 1998, section 124D.50, 70.9 subdivision 3, is amended to read: 70.10 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 70.11 EDUCATION LEVEL.] The service-learningcurriculumframework must 70.12 accommodate students' grade level or the last completed grade 70.13 level of the participants not currently enrolled in school. 70.14 Schools must provide at least the following: 70.15 (1) for students in grades 7 to 9, an opportunity to learn 70.16 about service-learning activities and possible occupations; 70.17 (2) for students in grade 10, an opportunity to apply for 70.18 service-learning under section 124D.19 subdivision 10, and youth 70.19 apprenticeship programs; and 70.20 (3) for students in grades 11 and 12 and young people not 70.21 currently enrolled in school, an opportunity to become involved 70.22 in community service activities, participate in youth 70.23 apprenticeship programs, and, depending upon the individual's 70.24 demonstrated abilities, complete high school or pursue 70.25 post-secondary coursework. 70.26 Sec. 28. Minnesota Statutes 1998, section 124D.65, 70.27 subdivision 6, is amended to read: 70.28 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 70.29 counting the number of pupils of limited English proficiency for 70.30 purposes of this section, districts may include pupils of 70.31 limited English proficiency who attend nonpublic schools in the 70.32 district. A district which counts those pupils and receives aid 70.33 pursuant to this section must offer those pupils the same 70.34 programs on the same terms that it offers to pupils of limited 70.35 English proficiency who attend the public school. A program 70.36 provided for a nonpublic school pupil pursuant to this 71.1 subdivision must be provided at a public schoolor, a neutral 71.2 site as defined in section 123B.41, subdivision 13, the 71.3 nonpublic school, or any other suitable location. The school 71.4 district must make the final decision on the location of these 71.5 services. Nonpublic school pupils served by a district's 71.6 educational program for pupils of limited English proficiency 71.7 must be counted for average daily membership pursuant to 71.8 sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 71.9 1 to 4. 71.10 Sec. 29. Minnesota Statutes 1998, section 124D.74, 71.11 subdivision 1, is amended to read: 71.12 Subdivision 1. [PROGRAMDESCRIBEDOUTCOMES.] American 71.13 Indian language and culture education programs areprograms in71.14elementary and secondary schools enrolling American Indian71.15childrendesigned: 71.16 (1) to make the curriculum more relevant to the needs, 71.17 interests, and cultural heritage of American Indian pupils; 71.18 (2) to provide positive reinforcement of the self-image of 71.19 American Indian pupils; and 71.20 (3) to develop intercultural awareness among pupils, 71.21 parents, and staff.Program components may include:71.22instruction in American Indian language, literature, history,71.23and culture; development of support components for staff,71.24including in-service training and technical assistance in71.25methods of teaching American Indian pupils; research projects,71.26including experimentation with and evaluation of methods of71.27relating to American Indian pupils; provision of personal and71.28vocational counseling to American Indian pupils; modification of71.29curriculum, instructional methods, and administrative procedures71.30to meet the needs of American Indian pupils; and establishment71.31of cooperative liaisons with nonsectarian nonpublic, community,71.32tribal or alternative schools offering curricula which reflect71.33American Indian culture.Districts offering programs may make 71.34 contracts for the provision of program components by 71.35 nonsectarian nonpublic, community, tribal or alternative 71.36 schools. These programs may also be provided as components of 72.1 early childhood and family education programs. 72.2 Sec. 30. Minnesota Statutes 1998, section 124D.88, 72.3 subdivision 2, is amended to read: 72.4 Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.]To the72.5extent money is available,The commissioner may approve projects 72.6 from applications submitted under this section. The grant money 72.7 must be used only to design, acquire, construct, expand, 72.8 remodel, improve, furnish, or equip the building or site of a 72.9 magnet school facility according to contracts entered into 72.10 within 24 months after the date on which a grant is awarded. 72.11 Sec. 31. Minnesota Statutes 1998, section 124D.892, is 72.12 amended to read: 72.13 124D.892 [OFFICE OFDESEGREGATION/INTEGRATION.] 72.14 Subdivision 1. [ESTABLISHMENT.] (a)An office of72.15desegregation/integration is established inThedepartment72.16 commissioner of children, families, and learningtomust 72.17 coordinate and support activities related to student enrollment, 72.18 student and staff recruitment and retention, transportation, and 72.19 interdistrict cooperation among metropolitan school districts. 72.20 (b) At the request of a metropolitan school district 72.21 involved in cooperative desegregation/integration efforts, the 72.22officecommissioner shall perform any of the following 72.23 activities: 72.24 (1) assist districts with interdistrict student transfers, 72.25 including student recruitment, counseling, placement, and 72.26 transportation; 72.27 (2) coordinate and disseminate information about schools 72.28 and programs; 72.29 (3) assist districts with new magnet schools and programs; 72.30 (4) assist districts in providing staff development and 72.31 in-service training; and 72.32 (5) coordinate and administer staff exchanges. 72.33 (c) Theofficecommissioner shall collect data on the 72.34 efficacy of districts' desegregation/integration efforts and 72.35 make recommendations based on the data. Theofficecommissioner 72.36 shall periodically consult with the metropolitan council to 73.1 coordinate school desegregation/integration efforts with the 73.2 housing, social, economic, and infrastructure needs of the 73.3 metropolitan area. Theofficecommissioner shall develop a 73.4 process for resolving students' disputes and grievances about 73.5 student transfers under a desegregation/integration plan. 73.6 Subd. 2. [COORDINATION.] The commissioner may request 73.7 information or assistance from, or contract with, any state or 73.8 local agency or officer, local unit of government, or recognized 73.9 expert to assist the commissioner in performing the activities 73.10 described in subdivision 1. 73.11 Subd. 3. [ADVISORY BOARD.] The commissioner shall 73.12 establish an advisory board composed of: 73.13 (1) eight superintendents, each of whom shall be selected 73.14 by the superintendents of the school districts located in whole 73.15 or in part within each of the eight metropolitan districts 73.16 established under section 473.123, subdivision 3c; and 73.17 (2) one person each selected by the Indian affairs council, 73.18 the council on Asian-Pacific Minnesotans, the council on Black 73.19 Minnesotans, and the council on affairs of Chicano/Latino people. 73.20 The advisory board shall advise theofficecommissioner on 73.21 complying with the requirements under subdivision 1. The 73.22 advisory board may solicit comments from teachers, parents, 73.23 students, and interested community organizations and others. 73.24 Sec. 32. Minnesota Statutes 1998, section 124D.894, is 73.25 amended to read: 73.26 124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 73.27 COMMITTEE.] 73.28 (a) The commissioner shall appoint a state multicultural 73.29 education advisory committee to advise the department and the 73.30 state board on multicultural education. The committee must have 73.31 12 members and be composed of representatives from among the 73.32 following groups and community organizations: African-American, 73.33 Asian-Pacific, Hispanic, and American Indian. 73.34 (b) The state committee shall provide information and 73.35 recommendations on: 73.36 (1) department procedures for reviewing and approving 74.1 district plans and disseminating information on multicultural 74.2 education; 74.3 (2) department procedures for improving inclusive education 74.4 plans, curriculum and instruction improvement plans, and 74.5 performance-based assessments; 74.6 (3) developing learner outcomes which are multicultural; 74.7 and 74.8 (4) other recommendations that will further inclusive, 74.9 multicultural education. 74.10(c) The committee shall also participate in determining the74.11criteria for and awarding the grants established under Laws74.121993, chapter 224, article 8, section 22, subdivision 8.74.13 Sec. 33. Minnesota Statutes 1999 Supplement, section 74.14 124D.94, subdivision 2, is amended to read: 74.15 Subd. 2. [CREATION OF FOUNDATION.] There is created the 74.16 Minnesota academic excellence foundation.The purpose of the74.17foundation shall be to promote academic excellence in Minnesota74.18public and nonpublic schools and communities through74.19public-private partnerships.The foundation shall be a 74.20 nonprofit organization. The board of directors of the 74.21 foundation and foundation activities are under the direction of 74.22 the commissioner of children, families, and learning. 74.23 Sec. 34. Minnesota Statutes 1998, section 124D.94, 74.24 subdivision 4, is amended to read: 74.25 Subd. 4. [FOUNDATION PROGRAMS.] The foundationmayshall 74.26 develop programs that advance the concept of educational 74.27 excellence in Minnesota public and nonpublic schools and 74.28 communities through public-private partnerships.These may74.29include, but are not limited to:74.30(a) recognition programs and awards for students74.31demonstrating academic excellence;74.32(b) summer institute programs for students with special74.33talents;74.34(c) recognition programs for teachers, administrators, and74.35others who contribute to academic excellence;74.36(d) summer mentorship programs with business and industry75.1for students with special career interests and high academic75.2achievements;75.3(e) governor's awards ceremonies and special campaigns to75.4promote awareness and expectation for academic achievement;75.5(f) an academic league to provide organized challenges75.6requiring cooperation and competition for public and nonpublic75.7pupils in elementary and secondary schools;75.8(g) systemic transformation initiatives and assistance and75.9training to community teams to increase school performance in75.10the state's education institutions through strategic quality75.11planning for continuous improvement, empowerment of multiple75.12stakeholders, validation of results via customer-supplier75.13relationships, and a total system approach based on best75.14practices in key process areas; and75.15(h) activities to measure customer satisfaction for75.16delivery of services to education institutions in order to plan75.17for and implement continuous improvement.75.18To the extent possible, the foundation shall make these75.19programs available to students in all parts of the state.75.20 Sec. 35. [REVISOR INSTRUCTION.] 75.21 In the next and subsequent editions of Minnesota Statutes 75.22 and Minnesota Rules, the revisor of statutes shall renumber each 75.23 section of Minnesota Statutes in column A with the number in 75.24 column B. The revisor shall also make necessary cross-reference 75.25 changes consistent with the renumbering. 75.26 A B 75.27 75.28 124D.35 124D.46, subd. 5 75.29 124D.46, subd. 4 268.665, subd. 7 75.30 124D.47, subd. 2 124D.46, subd. 6 75.31 Sec. 36. [REPEALER.] 75.32 (a) Minnesota Statutes 1998, sections 124D.02, subdivisions 75.33 2, 3, and 4; 124D.03, subdivisions 5, 7, 9, and 10; 124D.06; 75.34 124D.07; 124D.081, subdivision 1; 124D.09, subdivisions 2, 8, 75.35 25, and 26; 124D.10, subdivision 13; 124D.115, subdivisions 1 75.36 and 2; 124D.118, subdivision 1; 124D.12; 124D.123; 124D.124; 75.37 124D.125; 124D.128, subdivisions 1, 3, 4, and 5; 124D.31; 75.38 124D.34, subdivision 5; 124D.43; 124D.46, subdivision 3; 76.1 124D.47, subdivision 1; 124D.50, subdivisions 1, 2, and 3; 76.2 124D.60, subdivision 3; 124D.65, subdivisions 8, 9, and 10; 76.3 124D.68, subdivision 1; 124D.72; 124D.81, subdivision 7; 76.4 124D.88, subdivision 1; 124D.895; 124D.90, subdivision 5; 76.5 124D.91; 124D.92; and 124D.93, subdivisions 2, 3, and 6, are 76.6 repealed. 76.7 (b) Minnesota Statutes 1998, section 124D.128, subdivision 76.8 6, is repealed effective July 1, 2001. 76.9 (c) Minnesota Statutes 1999 Supplement, sections 124D.121; 76.10 124D.122; 124D.126; 124D.127; 124D.128, subdivisions 2 and 7; 76.11 and 124D.93, subdivisions 1, 4, and 5, are repealed. 76.12 ARTICLE 8 76.13 EDUCATION AND TECHNOLOGY 76.14 Section 1. Minnesota Statutes 1998, section 125B.05, 76.15 subdivision 1, is amended to read: 76.16 Subdivision 1. [INFORMATION SYSTEM.] The department of 76.17 children, families, and learning shall develop and maintaina76.18computerizedan information system for state information needs. 76.19 Sec. 2. Minnesota Statutes 1998, section 125B.05, 76.20 subdivision 2, is amended to read: 76.21 Subd. 2. [PURPOSES.] The purposes of thecomputerized76.22 information system shall be: 76.23 (a) To provide comparable and accurate educational 76.24 information in a manner which is timely and economical; 76.25 (b) To ensure accountability for state appropriations; 76.26 (c) To collect data to assess the needs of learners and 76.27 children; 76.28 (d) To provide school districts with an educational 76.29 information system capability which will meet school district 76.30 management needs; and 76.31 (e) To provide forcomputerizedanalysis of educational 76.32 information to meet the management needs of the state of 76.33 Minnesota. 76.34 Sec. 3. Minnesota Statutes 1999 Supplement, section 76.35 125B.20, subdivision 1, is amended to read: 76.36 Subdivision 1. [ESTABLISHMENT; PURPOSE.]The purpose of77.1developing a statewide school district telecommunications77.2network is to expand the availability of a broad range of77.3courses and degrees to students throughout the state, to share77.4information resources to improve access, quality, and77.5efficiency, to improve learning, and distance cooperative77.6learning opportunities, and to promote the exchange of ideas77.7among students, parents, teachers, media generalists,77.8librarians, and the public. In addition, through the77.9development of this statewide telecommunications network77.10emphasizing cost-effective, competitive connections, all77.11Minnesotans will benefit by enhancing access to77.12telecommunications technology throughout the state. Network77.13connections for school districts and public libraries are77.14coordinated and fully integrated into the existing state77.15telecommunications and interactive television networks to77.16achieve comprehensive and efficient interconnectivity of school77.17districts and libraries to higher education institutions, state77.18agencies, other governmental units, agencies, and institutions77.19throughout Minnesota. A school district may apply to the77.20commissioner for a grant under subdivision 2, and a regional77.21public library may apply under subdivision 3.The Minnesota 77.22 education telecommunications council established in Laws 1995, 77.23 First Special Session chapter 3, article 12, section 7, shall 77.24 establish priorities for awarding grants, making grant awards, 77.25 and being responsible for the coordination of networks. 77.26 Sec. 4. Minnesota Statutes 1999 Supplement, section 77.27 125B.20, subdivision 4, is amended to read: 77.28 Subd. 4. [AWARD OF GRANTS.] The council shall develop 77.29 application forms and procedures for telecommunication access 77.30 grants. The council shall select the grant recipientand shall77.31promptly notify any applicant that is found not to be77.32qualified. The commissioner shall make the grant payments 77.33 directly to the school district or regional library system. At 77.34 the request of the district or regional library system, the 77.35 commissioner may make the grant payment directly to the 77.36 coordinating organization. 78.1 Sec. 5. [REPEALER.] 78.2 (a) Minnesota Statutes 1998, sections 125B.02; 125B.07, 78.3 subdivisions 1 and 5; 125B.09; and 125B.11, are repealed. 78.4 (b) Minnesota Statutes 1999 Supplement, section 125B.07, 78.5 subdivision 3, is repealed. 78.6 ARTICLE 9 78.7 EDUCATION FUNDING 78.8 Section 1. Minnesota Statutes 1999 Supplement, section 78.9 126C.05, subdivision 1, is amended to read: 78.10 Subdivision 1. [PUPIL UNIT.] Pupil units for each 78.11 Minnesota resident pupil in average daily membership enrolled in 78.12 the district of residence, in another district under sections 78.13 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 78.14 124D.68; in a charter school under section 124D.10; or for whom 78.15 the resident district pays tuition under section 123A.18, 78.16 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 78.17 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 78.18 125A.65, shall be counted according to this subdivision. A 78.19 district may not count a person who is over the age of 21, 78.20 except as provided in section 125A.03, or who has graduated from 78.21 high school and is enrolled as a part-time student in a class or 78.22 program as a pupil unit. 78.23 (a) A prekindergarten pupil with a disability who is 78.24 enrolled in a program approved by the commissioner and has an 78.25 individual education plan is counted as the ratio of the number 78.26 of hours of assessment and education service to 825 times 1.25 78.27 with a minimum of 0.28, but not more than 1.25. 78.28 (b) A prekindergarten pupil who is assessed but determined 78.29 not to be handicapped is counted as the ratio of the number of 78.30 hours of assessment service to 825 times 1.25. 78.31 (c) A kindergarten pupil with a disability who is enrolled 78.32 in a program approved by the commissioner is counted as the 78.33 ratio of the number of hours of assessment and education 78.34 services required in the fiscal year by the pupil's individual 78.35 education program plan to 875, but not more than one. 78.36 (d) A kindergarten pupil who is not included in paragraph 79.1 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 79.2 thereafter. 79.3 (e) A pupil who is in any of grades 1 to 3 is counted as 79.4 1.115 pupil units for fiscal year 2000 and thereafter. 79.5 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 79.6 pupil units for fiscal year 1995 and thereafter. 79.7 (g) A pupil who is in any of grades 7 to 12 is counted as 79.8 1.3 pupil units. 79.9 (h) A pupil who is in the post-secondary enrollment options 79.10 program is counted as 1.3 pupil units. 79.11 Sec. 2. Minnesota Statutes 1998, section 126C.17, 79.12 subdivision 11, is amended to read: 79.13 Subd. 11. [REFERENDUM DATE.] In addition to the referenda 79.14 allowed in subdivision 9, clause (a), the commissioner may 79.15 authorize a referendum for a different day. 79.16 (a) The commissioner may grant authority to a district to 79.17 hold a referendum on a different day if the district is in 79.18 statutory operating debt and has an approved plan or has 79.19 received an extension from the department to file a plan to 79.20 eliminate the statutory operating debt. 79.21 (b)The commissioner may grant authority for a district to79.22hold a referendum on a different day if: (1) the district will79.23conduct a bond election under chapter 475 on that same day; and79.24(2) the proceeds of the referendum will provide only additional79.25operating revenue complementing the purpose for which bonding79.26authority is sought. The commissioner may only grant authority79.27under this paragraph if the district demonstrates to the79.28commissioner's satisfaction that the district's ability to79.29operate the new facility or achieve efficiencies with the79.30purchases connected to the proceeds of the bond sale will be79.31significantly affected if the operating referendum is not79.32conducted until the November general election. Authority under79.33this paragraph expires November 30, 1998.79.34(c)The commissioner must approve, deny, or modify each 79.35 district's request for a referendum levy on a different day 79.36 within 60 days of receiving the request from a district. 80.1 Sec. 3. Minnesota Statutes 1998, section 126C.31, is 80.2 amended to read: 80.3 126C.31 [POLICY.] 80.4Financing the education of our children is one of state80.5government's most important functions. In performing this80.6function, the state seeks to provide sufficient funding while80.7encouraging equity, accountability, and incentives toward80.8quality improvement. To help achieve these goals and to help80.9control future spending growth,To ensure students have access 80.10 to educational programs and services that meet their academic 80.11 needs, the state will fund core instruction and related support 80.12 services, will facilitate improvement inthequalityand80.13delivery of programs andservices, and will equalize revenues 80.14 raised locally for discretionary purposes. 80.15 Sec. 4. Minnesota Statutes 1999 Supplement, section 80.16 126C.48, subdivision 8, is amended to read: 80.17 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 80.18 Reductions in levies pursuant to sections 126C.48, subdivision 80.19 1, and 273.138, must be made prior to the reductions in clause 80.20 (2). 80.21 (2)Notwithstanding any other law to the contrary,80.22 Districts which received payments pursuant to sections 298.018; 80.23 298.24 to 298.28, except an amount distributed under section 80.24 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 80.25 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 80.26 upon severed mineral values, or recognized revenue pursuant to 80.27 section 477A.15; must not include a portion of these aids in 80.28 their permissible levies pursuant to those sections, but instead 80.29 must reduce the permissible levies authorized by this chapter 80.30 and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A 80.31 by the greater of the following: 80.32 (a) an amount equal to 50 percent of the total dollar 80.33 amount of the payments received pursuant to those sections or 80.34 revenue recognized pursuant to section 477A.15 in the previous 80.35 fiscal year; or 80.36 (b) an amount equal to the total dollar amount of the 81.1 payments received pursuant to those sections or revenue 81.2 recognized pursuant to section 477A.15 in the previous fiscal 81.3 year less the product of the same dollar amount of payments or 81.4 revenue times five percent. 81.5 (3) No reduction pursuant to this subdivision shall reduce 81.6 the levy made by the district pursuant to section 126C.13, to an 81.7 amount less than the amount raised by a levy of a net tax rate 81.8 of 6.82 percent times the adjusted net tax capacity for taxes 81.9 payable in 1990 and thereafter of that district for the 81.10 preceding year as determined by the commissioner. The amount of 81.11 any increased levy authorized by referendum pursuant to section 81.12 126C.17, subdivision 9, shall not be reduced pursuant to this 81.13 subdivision. The amount of any levy authorized by section 81.14 126C.43, to make payments for bonds issued and for interest 81.15 thereon, shall not be reduced pursuant to this subdivision. 81.16 (4) Before computing the reduction pursuant to this 81.17 subdivision of the health and safety levy authorized by sections 81.18 123B.57 and 126C.40, subdivision 5, the commissioner shall 81.19 ascertain from each affected school district the amount it 81.20 proposes to levy under each section or subdivision. The 81.21 reduction shall be computed on the basis of the amount so 81.22 ascertained. 81.23 (5)Notwithstanding any law to the contrary,Any amounts 81.24 received by districts in any fiscal year pursuant to sections 81.25 298.018; 298.24 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 81.26 298.405; or any law imposing a tax on severed mineral values; 81.27 and not deducted from general education aid pursuant to section 81.28 126C.21, subdivision 4, clause (2), and not applied to reduce 81.29 levies pursuant to this subdivision shall be paid by the 81.30 district to the St. Louis county auditor in the following amount 81.31 by March 15 of each year, the amount required to be subtracted 81.32 from the previous fiscal year's general education aid pursuant 81.33 to section 126C.21, subdivision 4, which is in excess of the 81.34 general education aid earned for that fiscal year. The county 81.35 auditor shall deposit any amounts received pursuant to this 81.36 clause in the St. Louis county treasury for purposes of paying 82.1 the taconite homestead credit as provided in section 273.135. 82.2 ARTICLE 10 82.3 STATE ADMINISTRATION OF EDUCATION 82.4 Section 1. Minnesota Statutes 1999 Supplement, section 82.5 127A.05, subdivision 1, is amended to read: 82.6 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 82.7 shall be under the administrative control of the commissioner of 82.8 children, families, and learning which office is established. 82.9 The governor shall appoint the commissioner under the provisions 82.10 of section 15.06. 82.11 The commissioner shall be a person who possesses 82.12 educational attainment and breadth of experience in the 82.13 administration of public education and of the finances 82.14 pertaining thereto commensurate with the spirit and intent of 82.15 this code.Notwithstanding any other law to the contrary, the82.16commissioner may appoint two deputy commissioners who shall82.17serve in the unclassified service.The commissioner shall also 82.18 appoint other employees as may be necessary for the organization 82.19 of the department. The commissioner shall perform such duties 82.20 as the law and rules may provide and be held responsible for the 82.21 efficient administration and discipline of the department. The 82.22 commissioner is charged with the execution of powers and duties 82.23 to promote public education in the state and to safeguard the 82.24 finances pertaining thereto. 82.25 Sec. 2. Minnesota Statutes 1998, section 127A.05, 82.26 subdivision 3, is amended to read: 82.27 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 82.28 EDUCATIONAL AGENCIES.] The commissioner of children, families, 82.29 and learning shalladopt goals for andexercise general 82.30 supervision over public schools and other public educational 82.31 agencies in the state, classify and standardize public82.32elementary and secondary schools, and prepare for them outlines82.33and suggested courses of study. The commissioner shall develop82.34a plan to attain the adopted goals. The commissioner may 82.35 recognize educational accrediting agencies for the sole purposes 82.36 of sections 120A.22, 120A.24, and 120A.26. 83.1 Sec. 3. Minnesota Statutes 1998, section 127A.05, 83.2 subdivision 4, is amended to read: 83.3 Subd. 4. [ADMINISTRATIVE RULES.] The commissioner may 83.4 adopt new rules and amend them or amend any existing rules only 83.5 under specific authority.The commissioner may repeal any83.6existing rules.Notwithstanding the provisions of section 83.7 14.05, subdivision 4, the commissioner may grant a variance to 83.8 rules adopted by the commissioner upon application by a school 83.9 district for purposes of implementing experimental programs in 83.10 learning or school management. This subdivision shall not 83.11 prohibit the commissioner from making technical changes or 83.12 corrections to adopted rules. 83.13 Sec. 4. Minnesota Statutes 1998, section 127A.06, is 83.14 amended to read: 83.15 127A.06 [RECOMMENDATIONS; BUDGET.] 83.16The commissioner of children, families, and learning shall83.17recommend to the governor and legislature such modification and83.18unification of laws relating to the state system of education as83.19shall make those laws more readily understood and more effective83.20in execution.The commissioner of children, families, and 83.21 learning shall prepare a biennial education budget which shall 83.22 be submitted to the governor and legislature, such budget to 83.23 contain a complete statement of finances pertaining to the 83.24maintenanceoperations of the state department and to the 83.25 distribution of state aid. 83.26 Sec. 5. Minnesota Statutes 1998, section 127A.41, 83.27 subdivision 7, is amended to read: 83.28 Subd. 7. [SCHEDULE ADJUSTMENTS.](a) It is the intention83.29of the legislature to encourage efficient and effective use of83.30staff and facilities by districts. Districts are encouraged to83.31consider both cost and energy saving measures.83.32(b)Any district operating a program pursuant to sections 83.33 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 83.34 operating a commissioner-designated area learning center program 83.35 under section 123A.09, or that otherwise receives the approval 83.36 of the commissioner to operate its instructional program to 84.1 avoid an aid reduction in any year, may adjust the annual school 84.2 schedule for that program throughout the calendar year. 84.3 Sec. 6. Minnesota Statutes 1999 Supplement, section 84.4 127A.42, subdivision 2, is amended to read: 84.5 Subd. 2. [VIOLATIONS OF LAW.] The commissionershallmay 84.6 reduce the district'sspecialstate aid for any school year 84.7 whenever the board of the district authorizes or permits 84.8 violations of law within the districtby:. 84.9(1) employing a teacher who does not hold a valid teaching84.10license or permit in a public school;84.11(2) noncompliance with a mandatory rule of general84.12application promulgated by the commissioner in accordance with84.13statute, unless special circumstances make enforcement84.14inequitable, impose an extraordinary hardship on the district,84.15or the rule is contrary to the district's best interests;84.16(3) the district's continued performance of a contract made84.17for the rental of rooms or buildings for school purposes or for84.18the rental of any facility owned or operated by or under the84.19direction of any private organization, if the contract has been84.20disapproved, the time for review of the determination of84.21disapproval has expired, and no proceeding for review is84.22pending;84.23(4) any practice which is a violation of sections 1 and 284.24of article 13 of the Constitution of the state of Minnesota;84.25(5) failure to reasonably provide for a resident pupil's84.26school attendance under Minnesota Statutes; or84.27(6) noncompliance with state laws prohibiting84.28discrimination because of race, color, creed, religion, national84.29origin, sex, age, marital status, status with regard to public84.30assistance or disability, as defined in section 363.03.84.31The reduction must be made in the amount and upon the procedure84.32provided in this section or, in the case of the violation stated84.33in clause (1), upon the procedure provided in section 127A.43.84.34 Sec. 7. [REPEALER.] 84.35 Minnesota Statutes 1998, sections 127A.05, subdivision 5; 84.36 and 127A.41, subdivision 4, are repealed. 85.1 ARTICLE 11 85.2 PERPICH CENTER FOR ARTS EDUCATION 85.3 Section 1. Minnesota Statutes 1999 Supplement, section 85.4 129C.10, subdivision 3, is amended to read: 85.5 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 85.6 the powers necessary for the care, management, and control of 85.7 the Perpich center for arts education and all its real and 85.8 personal property. The powers shall include, but are not 85.9 limited to, those listed in this subdivision. 85.10 (b) The board may employ and discharge necessary employees, 85.11 and contract for other services to ensure the efficient 85.12 operation of the center for arts education. 85.13 (c) The board may receive and award grants. The board may 85.14 establish a charitable foundation and accept, in trust or 85.15 otherwise, any gift, grant, bequest, or devise for educational 85.16 purposes and hold, manage, invest, and dispose of them and the 85.17 proceeds and income of them according to the terms and 85.18 conditions of the gift, grant, bequest, or devise and its 85.19 acceptance. The board must adopt internal procedures to 85.20 administer and monitor aids and grants. 85.21 (d)The board may establish or coordinate evening,85.22continuing education, extension, and summer programs for85.23teachers and pupils.85.24(e) The board may identify pupils who have artistic talent,85.25either demonstrated or potential, in dance, literary arts, media85.26arts, music, theater, and visual arts, or in more than one art85.27form.85.28(f)The board must educate pupils with artistic talent by 85.29 providing: 85.30 (1) an interdisciplinary academic and arts program for 85.31 pupils in the 11th and 12th grades. The total number of pupils 85.32 accepted under this clause and clause (2) shall not exceed 300; 85.33 (2) additional instruction to pupils for a 13th grade. 85.34 Pupils eligible for this instruction are those enrolled in 12th 85.35 grade who need extra instruction and who apply to the board, or 85.36 pupils enrolled in the 12th grade who do not meet learner 86.1 outcomes established by the board; 86.2 (3) intensive arts seminars for one or two weeks for pupils 86.3 in grades 9 to 12; 86.4 (4) summer arts institutes for pupils in grades 9 to 12; 86.5 (5) artist mentor and extension programs in regional sites; 86.6 and 86.7 (6) teacher education programs for indirect curriculum 86.8 delivery. 86.9(g) The board may determine the location for the Perpich86.10center for arts education and any additional facilities related86.11to the center, including the authority to lease a temporary86.12facility.86.13(h)(e) The board must plan for the enrollment of pupils on 86.14 an equal basis from each congressional district. 86.15(i) The board may establish task forces as needed to advise86.16the board on policies and issues. The task forces expire as86.17provided in section 15.059, subdivision 6.86.18(j) The board may request the commissioner of children,86.19families, and learning for assistance and services.86.20(k) The board may enter into contracts with other public86.21and private agencies and institutions for residential and86.22building maintenance services if it determines that these86.23services could be provided more efficiently and less expensively86.24by a contractor than by the board itself. The board may also86.25enter into contracts with public or private agencies and86.26institutions, school districts or combinations of school86.27districts, or service cooperatives to provide supplemental86.28educational instruction and services.86.29(l) The board may provide or contract for services and86.30programs by and for the center for arts education, including a86.31store, operating in connection with the center; theatrical86.32events; and other programs and services that, in the86.33determination of the board, serve the purposes of the center.86.34(m)(f) The board may provide for transportation of pupils 86.35 to and from the center for arts education for all or part of the 86.36 school year, as the board considers advisable and subject to its87.1rules. Notwithstanding any other law to the contrary,and the 87.2 board may charge a reasonable fee for transportation of pupils. 87.3 Every driver providing transportation of pupils under this 87.4 paragraph must possess all qualifications required by the 87.5 commissioner of children, families, and learning.The board may87.6contract for furnishing authorized transportation under rules87.7established by the commissioner of children, families, and87.8learning and may purchase and furnish gasoline to a contract87.9carrier for use in the performance of a contract with the board87.10for transportation of pupils to and from the center for arts87.11education. When transportation is provided, scheduling of87.12routes, establishment of the location of bus stops, the manner87.13and method of transportation, the control and discipline of87.14pupils, and any other related matter is within the sole87.15discretion, control, and management of the board.87.16(n)(g) The board may provide room and board for its pupils. 87.17 If the board provides room and board, it shall charge a 87.18 reasonable fee for the room and board. The fee is not subject 87.19 to chapter 14 and is not a prohibited fee according to sections 87.20 123B.34 to 123B.39. 87.21(o)(h) The board may establish and set fees for services 87.22 and programs. If the board sets fees not authorized or 87.23 prohibited by the Minnesota public school fee law, it may do so 87.24 without complying with the requirements of section 123B.38. 87.25(p) The board may apply for all competitive grants87.26administered by agencies of the state and other government or87.27nongovernment sources.87.28 ARTICLE 12 87.29 REPEAL OF RULES 87.30 Section 1. [REPEALER.] 87.31 Minnesota Rules, parts 3505.4300; 3520.0400; 3530.2610; 87.32 3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 87.33 3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 87.34 3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 87.35 3530.2642; 3530.2644; 3545.0600; 3545.0700; 3545.0800; 87.36 3545.0900; and 3550.0100, are repealed. 88.1 Sec. 2. [EFFECTIVE DATE.] 88.2 Section 1 is effective the day following final enactment.