SF 3664

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 09:49am

A bill for an act
relating to education; providing for school safety, including requiring a school
district to publish a summary of its crisis management policy, establishing school
threat assessment teams and oversight committees, authorizing school boards to
bond for certain security-related equipment, modifying the requirements of the
commissioner's review and comment process, establishing safe schools revenue,
and modifying the allowable uses of safe schools revenue; appropriating money
for student support services and other purposes; amending Minnesota Statutes
2016, sections 121A.035, subdivision 2; 123B.61; 123B.71, subdivision 9; 126C.44;
proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

Minnesota Statutes 2016, section 121A.035, subdivision 2, is amended to read:

Subd. 2.

School district and charter school policy.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 2.

new text begin [121A.0351] SCHOOL THREAT ASSESSMENT TEAM AND OVERSIGHT
COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin School threat assessment team; membership. new text end

new text begin A school district must
establish a threat assessment team for every school within the district. One threat assessment
team may serve one or more schools as determined by the school district. The threat
assessment team membership must include individuals with expertise in counseling, mental
health, kindergarten through grade 12 instruction, school administration, and law
enforcement. The membership may include the juvenile prosecutor whose jurisdiction
includes the area within the school district.
new text end

new text begin Subd. 2. new text end

new text begin Threat assessment team; duties. new text end

new text begin (a) The threat assessment team is responsible
for the assessment of and intervention with individuals whose behavior may pose a threat
to the safety of school staff or students. The team must establish a process for referrals to
community services or health care providers for evaluation or treatment, where appropriate.
new text end

new text begin (b) A threat assessment team must:
new text end

new text begin (1) provide guidance to students, faculty, and staff regarding recognition of threatening
or aberrant behavior that may represent a threat to the community, school, or self;
new text end

new text begin (2) identify members of the school community to whom threatening behavior should be
reported; and
new text end

new text begin (3) implement threat assessment policies adopted by the school board.
new text end

new text begin Subd. 3. new text end

new text begin Report to superintendent; records. new text end

new text begin (a) Upon a preliminary determination that
a student poses a threat of violence or physical harm to self or others, a threat assessment
team shall immediately report its determination to the superintendent or the superintendent's
designee. The superintendent shall immediately attempt to notify the student's parent or
guardian. Upon a preliminary determination by the threat assessment team that an individual
poses a threat of violence to self or others or exhibits significantly disruptive behavior or
need for assistance, the team may obtain criminal history record information and health
records. Health records are limited to those records retained by the school or school district.
A member of the threat assessment team must not disclose any criminal history record
information or health information obtained pursuant to this section or use any record of an
individual beyond the purpose for which the disclosure was made to the threat assessment
team.
new text end

new text begin (b) Nothing in this subdivision shall preclude school personnel from acting immediately
to address an imminent threat. A school threat assessment team must annually report
quantitative data on its activities to the superintendent.
new text end

new text begin Subd. 4. new text end

new text begin Oversight committee; membership. new text end

new text begin The school district may establish a
committee charged with oversight of the threat assessment teams within the district.
Membership of the oversight committee must include individuals with expertise in human
resources, education, school administration, mental health, and law enforcement.
new text end

Sec. 3.

Minnesota Statutes 2016, section 123B.61, is amended to read:

123B.61 PURCHASE OF CERTAIN EQUIPMENT.

The board of a district may issue general obligation certificates of indebtedness or capital
notes subject to the district debt limits to: (a) purchase vehicles, computers, telephone
systems, cable equipment, photocopy and office equipment, technological equipment for
instruction, new text begin public announcement systems, emergency communications devices, other
equipment related to violence prevention and facility security, new text end and other capital equipment
having an expected useful life at least as long as the terms of the certificates or notes; (b)
purchase computer hardware and software, without regard to its expected useful life, whether
bundled with machinery or equipment or unbundled, together with application development
services and training related to the use of the computer; and (c) prepay special assessments.
The certificates or notes must be payable in not more than ten years and must be issued on
the terms and in the manner determined by the board, except that certificates or notes issued
to prepay special assessments must be payable in not more than 20 years. The certificates
or notes may be issued by resolution and without the requirement for an election. The
certificates or notes are general obligation bonds for purposes of section 126C.55. A tax
levy must be made for the payment of the principal and interest on the certificates or notes,
in accordance with section 475.61, as in the case of bonds. The sum of the tax levies under
this section and section 123B.62 for each year must not exceed the lesser of new text begin the sum of new text end the
amount of the district's total operating capital revenue new text begin and safe schools revenue, new text end or the sum
of the district's levy in the general and community service funds excluding the adjustments
under this section for the year preceding the year the initial debt service levies are certified.
The district's general fund levy for each year must be reduced by the sum of (1) the amount
of the tax levies for debt service certified for each year for payment of the principal and
interest on the certificates or notes issued under this section as required by section 475.61,
(2) the amount of the tax levies for debt service certified for each year for payment of the
principal and interest on bonds issued under section 123B.62, and (3) any excess amount
in the debt redemption fund used to retire bonds, certificates, or notes issued under this
section or section 123B.62 after April 1, 1997, other than amounts used to pay capitalized
interest. If the district's general fund levy is less than the amount of the reduction, the balance
shall be deducted first from the district's community service fund levy, and next from the
district's general fund or community service fund levies for the following year. A district
using an excess amount in the debt redemption fund to retire the certificates or notes shall
report the amount used for this purpose to the commissioner by July 15 of the following
fiscal year. A district having an outstanding capital loan under section 126C.69 or an
outstanding debt service loan under section 126C.68 must not use an excess amount in the
debt redemption fund to retire the certificates or notes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 123B.71, subdivision 9, is amended to read:

Subd. 9.

Information required.

A school board proposing to construct, expand, or
remodel a facility that requires a review and comment under subdivision 8 shall submit to
the commissioner a proposal containing information including at least the following:

(1) the geographic area and population to be served, preschool through grade 12 student
enrollments for the past five years, and student enrollment projections for the next five
years;

(2) a list of existing facilities by year constructed, their uses, and an assessment of the
extent to which alternate facilities are available within the school district boundaries and in
adjacent school districts;

(3) a list of the specific deficiencies of the facility that demonstrate the need for a new
or renovated facility to be provided, the process used to determine the deficiencies, a list
of those deficiencies that will and will not be addressed by the proposed project, and a list
of the specific benefits that the new or renovated facility will provide to the students, teachers,
and community users served by the facility;

(4) a description of the project, including the specification of site and outdoor space
acreage and square footage allocations for classrooms, laboratories, and support spaces;
estimated expenditures for the major portions of the project; and the dates the project will
begin and be completed;

(5) a specification of the source of financing the project, including applicable statutory
citations; the scheduled date for a bond issue or school board action; a schedule of payments,
including debt service equalization aid; and the effect of a bond issue on local property
taxes by the property class and valuation; deleted text begin and
deleted text end

(6) documents obligating the school district and contractors to comply with items (i) to
(vii) in planning and executing the project:

(i) section 471.345 governing municipal contracts;

(ii) sustainable design;

(iii) school facility commissioning under section 123B.72 certifying the plans and designs
for the heating, ventilating, air conditioning, and air filtration for an extensively renovated
or new facility meet or exceed current code standards, including the ASHRAE air filtration
standard 52.1;

(iv) American National Standards Institute Acoustical Performance Criteria, Design
Requirements and Guidelines for Schools on maximum background noise level and
reverberation times;

(v) State Fire Code;

(vi) chapter 326B governing building codes; and

(vii) consultation with affected government units about the impact of the project on
utilities, roads, sewers, sidewalks, retention ponds, school bus and automobile traffic, access
to mass transit, and safe access for pedestrians and cyclists deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) a description of how the new or renovated facility will protect students and staff
from violence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for proposals submitted to the
commissioner of education after June 30, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 126C.44, is amended to read:

126C.44 SAFE SCHOOLS deleted text begin LEVY deleted text end new text begin REVENUE new text end .

new text begin Subdivision 1. new text end

new text begin Safe schools revenue. new text end

(a) deleted text begin Each district may make a levy on all taxable
property located within the district for the purposes specified in this section. The maximum
amount which may be levied for all costs under this section shall be equal to $36 multiplied
by deleted text end new text begin For fiscal year 2019 only, safe schools revenue for a school district equals the greater
of $54 times the district's adjusted pupil units for the school year, or $22,500.
new text end

new text begin (b) For fiscal year 2020 and later, safe schools revenue for a school district equals the
greater of $72 times new text end the district's adjusted pupil units for the school year new text begin , or $30,000 new text end .

new text begin Subd. 2. new text end

new text begin Safe schools levy. new text end

new text begin (a) For fiscal year 2019 only, a district's safe schools levy
equals $36 times the district's adjusted pupil units for the school year.
new text end

new text begin (b) To obtain safe schools revenue for fiscal year 2020 and later, a district may levy an
amount not more than the product of its safe schools revenue for the fiscal year times the
lesser of one or the ratio of its adjusted net tax capacity per adjusted pupil unit to the safe
schools equalizing factor. The safe schools equalizing factor equals 60 percent of the state
average net tax capacity per adjusted pupil unit for all school districts.
new text end

new text begin (c) A school district that is a member of a cooperative unit may include in its levy
authority under this section the costs associated with safe schools activities authorized under
subdivision 5, paragraph (a), clauses (1) to (9), for cooperative unit programs. This authority
must not exceed the product of:
new text end

new text begin (1) the ratio of the safe schools allowance in paragraph (a) for the current year to the
allowance for taxes payable in 2018;
new text end

new text begin (2) $15 times; and
new text end

new text begin (3) the adjusted pupil units of the member districts.
new text end

new text begin This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the cooperative unit. For the purposes of
this paragraph, "cooperative unit" includes entities defined under section 123A.24,
subdivision 2, and other joint powers districts.
new text end

new text begin Subd. 3. new text end

new text begin Safe schools aid. new text end

new text begin A district's safe schools aid equals its safe schools revenue
minus its safe schools levy times the ratio of the actual amount levied to the permitted levy.
new text end

new text begin Subd. 4. new text end

new text begin Safe schools revenue for a charter school. new text end

new text begin (a) For fiscal year 2019, safe
schools revenue for a charter school equals $18 times the adjusted pupil units for the school
year. For fiscal year 2020 and later, safe schools revenue for a charter school equals $36
times the adjusted pupil units for the school year.
new text end

new text begin (b) The revenue must be reserved and used only for costs associated with safe schools
activities authorized under subdivision 5, paragraph (a), clauses (1) to (9), or for building
lease expenses not funded by charter school building lease aid that are attributable to facility
security enhancements made by the landlord after March 1, 2018.
new text end

new text begin Subd. 5. new text end

new text begin Uses of safe schools revenue. new text end

new text begin (a) new text end The deleted text begin proceeds of the levy deleted text end new text begin revenue new text end must be
reserved and used for directly funding the following purposes or for reimbursing the cities
and counties who contract with the district for the following purposes:

(1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace
officers and sheriffs for liaison in services in the district's schools;

(2) to pay the costs for a drug abuse prevention program as defined in section 609.101,
subdivision 3, paragraph (e), in the elementary schools;

(3) to pay the costs for a gang resistance education training curriculum in the district's
schools;

(4) to pay the costs for security in the district's schools and on school property;

(5) to pay the costs for other crime prevention, drug abuse, student and staff safety,
voluntary opt-in suicide prevention tools, and violence prevention measures taken by the
school district;

(6) to pay costs for licensed school counselors, licensed school nurses, licensed school
social workers, licensed school psychologists, and licensed alcohol and chemical dependency
counselors to help provide early responses to problems;

(7) to pay for facility security enhancements including laminated glass, public
announcement systems, new text begin interior classroom security enhancements, new text end emergency
communications devices, and equipment and facility modifications related to violence
prevention and facility security;

(8) to pay for costs associated with improving the school climate; deleted text begin or
deleted text end

(9) to pay costs for colocating and collaborating with mental health professionals who
are not district employees or contractors deleted text begin . deleted text end new text begin ;
new text end

new text begin (10) to pay the costs of enhancing cybersecurity in the district's information systems; or
new text end

new text begin (11) by board resolution, to transfer money into the debt redemption fund to pay the
amounts needed to meet, when due, principal and interest payments on obligations issued
under sections 123B.61 and 123B.62 for purposes included in clause (7).
new text end

(b) For expenditures under paragraph (a), clause (1), the district must initially attempt
to contract for services to be provided by peace officers or sheriffs with the police department
of each city or the sheriff's department of the county within the district containing the school
receiving the services. If a local police department or a county sheriff's department does
not wish to provide the necessary services, the district may contract for these services with
any other police or sheriff's department located entirely or partially within the school district's
boundaries.

deleted text begin (c) A school district that is a member of an intermediate school district may include in
its authority under this section the costs associated with safe schools activities authorized
under paragraph (a) for intermediate school district programs. This authority must not exceed
$15 times the adjusted pupil units of the member districts. This authority is in addition to
any other authority authorized under this section. Revenue raised under this paragraph must
be transferred to the intermediate school district.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2019 and later.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2019 is appropriated from the general fund to the commissioner of
education for threat assessment teams and oversight committees under Minnesota Statutes,
section 121A.0351.
new text end

Sec. 7. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is
appropriated from the general fund to the commissioner of education for the fiscal year
designated.
new text end

new text begin Subd. 2. new text end

new text begin Support our students grant program. new text end

new text begin (a) For grants to eligible schools under
the support our students grant program:
new text end

new text begin $ new text end

new text begin 22,000,000 new text end

new text begin ..... new text end

new text begin 2019 new text end

new text begin (b) To the extent practicable, the commissioner should allot amounts in each year of the
six-year grant period to ensure that adequate funds are available for the entirety of the grant.
Up to $100,000 in each fiscal year may be retained by the commissioner for administration
of the grant program. The base in fiscal year 2020 and later is $22,000,000.
new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 16A.28, the fiscal year 2019
appropriation is available until June 30, 2024. Any remaining balance shall cancel to the
general fund.
new text end

Sec. 8. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall codify Laws 2016, chapter 189, article 25, section 56, in
the next publication of Minnesota Statutes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end