2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/16/2000|
|1st Engrossment||Posted on 03/15/2000|
|2nd Engrossment||Posted on 03/27/2000|
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, subdivision 3; 127A.06; 127A.41, 1.33 subdivision 7; Minnesota Statutes 1999 Supplement, 1.34 sections 122A.40, subdivision 5; 122A.58, subdivision 1.35 1; 122A.60, subdivision 1; 123A.06, subdivision 1; 1.36 123B.02, subdivision 3; 123B.36, subdivision 1; 1.37 123B.43; 123B.445; 123B.49, subdivision 4; 123B.73, 1.38 subdivision 1; 123B.90, subdivision 2; 123B.91, 1.39 subdivision 1; 124D.10, subdivisions 6 and 15; 1.40 124D.94, subdivision 2; 125B.20, subdivisions 1 and 4; 1.41 126C.05, subdivision 1; 126C.48, subdivision 8; 1.42 127A.05, subdivision 1; 127A.42, subdivision 2; 1.43 129C.10, subdivision 3; proposing coding for new law 1.44 in Minnesota Statutes, chapter 122A; repealing 1.45 Minnesota Statutes 1998, sections 120A.41; 120B.10; 1.46 120B.11, subdivisions 3, 4, and 7; 120B.24; 121A.03, 2.1 subdivision 3; 121A.11, subdivision 2; 121A.16; 2.2 121A.32, subdivisions 2, 4, and 5; 121A.41, 2.3 subdivision 3; 122A.162; 122A.19, subdivision 2; 2.4 122A.32; 122A.33; 122A.40, subdivision 6; 122A.42; 2.5 122A.43, subdivisions 1, 2, 3, 4, and 6; 122A.45; 2.6 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 2.7 122A.57; 122A.71; 122A.72, subdivisions 1, 2, 3, and 2.8 5; 122A.75; 123A.07; 123A.15, subdivision 1; 123A.35; 2.9 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 2.10 123A.37; 123A.38; 123A.39, subdivisions 1, 2, and 4; 2.11 123A.40; 123A.41, subdivisions 1 and 4; 123A.43; 2.12 123B.02, subdivisions 5, 6, 10, 11, 13, and 16; 2.13 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 122A.72, subdivision 4; 123A.06, subdivision 2.36 3; 123A.36, subdivisions 1 and 2; 123B.02, subdivision 2.37 9; 123B.88, subdivisions 12 and 21; 124D.121; 2.38 124D.122; 124D.126; 124D.127; 124D.128, subdivisions 2 2.39 and 7; 124D.93, subdivisions 1, 4, and 5; and 125B.07, 2.40 subdivision 3; Minnesota Rules, parts 3505.4300; 2.41 3520.0400; 3530.2610; 3530.2612; 3530.2614; 3530.2616; 2.42 3530.2618; 3530.2620; 3530.2622; 3530.2624; 3530.2626; 2.43 3530.2628; 3530.2630; 3530.2632; 3530.2634; 3530.2636; 2.44 3530.2638; 3530.2640; 3530.2642; 3530.2644; 3545.0600; 2.45 3545.0700; 3545.0800; 3545.0900; and 3550.0100. 2.46 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.47 ARTICLE 1 2.48 EDUCATION CODE; COMPULSORY ATTENDANCE 2.49 Section 1. Minnesota Statutes 1998, section 120A.05, is 2.50 amended by adding a subdivision to read: 2.51 Subd. 3a. [CHARTER SCHOOL.] "Charter school" means a 2.52 public school formed according to section 124D.10. 2.53 Sec. 2. Minnesota Statutes 1998, section 120A.05, is 2.54 amended by adding a subdivision to read: 2.55 Subd. 11a. [PUBLIC SCHOOL.] "Public school" means a school 2.56 that receives state funds, provides an education to students 2.57 needed to meet outcomes or standards determined by the state, 2.58 and is accountable for the services it provides to students. 3.1 Sec. 3. Minnesota Statutes 1998, section 120A.22, 3.2 subdivision 1, is amended to read: 3.3 Subdivision 1. [PARENTAL RESPONSIBILITY.] The parent of a 3.4 child is primarily responsible for assuring that the child 3.5 acquires knowledge and skills that are essential for effective 3.6 citizenship and that the child is enrolled in school or receives 3.7 other instruction. 3.8 Sec. 4. Minnesota Statutes 1998, section 120A.22, 3.9 subdivision 5, is amended to read: 3.10 Subd. 5. [AGES AND TERMS.] (a) Every child between seven 3.11 and 16 years of age must receive instruction. Every child under 3.12 the age of seven who is enrolled in a half-day kindergarten, or 3.13 a full-day kindergarten program on alternate days, or other 3.14 kindergarten programs shall receive instruction. Except as 3.15 provided in subdivision 6, a parent may withdraw a child under 3.16 the age of seven from enrollment at any time. 3.17 (b)
A school district by annual board action may require3.18 children subject to this subdivision to receive instruction in3.19 summer school. A district that acts to require children to3.20 receive instruction in summer school shall establish at the time3.21 of its action the criteria for determining which children must3.22 receive instruction.If a school board determines that some 3.23 students in the district must attend summer school, then the 3.24 truancy laws of chapters 260 and 260A apply to the students 3.25 required to attend summer school. 3.26 Sec. 5. [REPEALER.] 3.27 Minnesota Statutes 1998, section 120A.41, is repealed. 3.28 ARTICLE 2 3.29 CURRICULUM AND ASSESSMENT 3.30 Section 1. Minnesota Statutes 1998, section 120B.11, 3.31 subdivision 5, is amended to read: 3.32 Subd. 5. [REPORT.] (a) By October 1 of each year, the 3.33 school board shall use standard statewide reporting procedures 3.34 the commissioner develops and adopt a report that includes the 3.35 following: 3.36 (1) student performance goals for meeting state graduation 4.1 standards adopted for that year; 4.2 (2) results of local assessment data, and any additional 4.3 test data; 4.4 (3) the annual school district improvement plans; 4.5 (4) information about district and learning site progress 4.6 in realizing previously adopted improvement plans; and 4.7 (5) the amount and type of revenue attributed to each 4.8 education site as defined in section 123B.04, subdivision 2. 4.9 (b) The school board shall publish the report in the local 4.10 newspaper with the largest circulation in the district or by 4.11 mail. The board shall make a copy of the report available to 4.12 the public for inspection. The board shall send a copy of the 4.13 report to the commissioner of children, families, and learning 4.14 by October 15 of each year. 4.15 (c) The title of the report shall contain the name and 4.16 number of the school district and read "Annual Report on 4.17 Curriculum, Instruction, and Student Performance." The report4.18 must include at least the following information about advisory4.19 committee membership:4.20 (1) the name of each committee member and the date when4.21 that member's term expires;4.22 (2) the method and criteria the school board uses to select4.23 committee members; and4.24 (3) the date by which a community resident must apply to4.25 next serve on the committee.4.26 Sec. 2. Minnesota Statutes 1998, section 120B.22, 4.27 subdivision 1, is amended to read: 4.28 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The 4.29 commissioner of children, families, and learning, in 4.30 consultation with the commissioners of health and human 4.31 services, state minority councils, battered women's programs, 4.32 sexual assault centers, representatives of religious 4.33 communities, and the assistant commissioner of the office of 4.34 drug policy and violence prevention, shall assist districts on 4.35 request in developing or implementing a violence prevention 4.36 program for students in kindergarten to grade 12 that can be 5.1 integrated into existing curriculum. The purpose of the program5.2 is to help students learn how to resolve conflicts within their5.3 families and communities in nonviolent, effective ways.5.4 (b) Each district is encouraged to integrate into its 5.5 existing curriculum a program for violence prevention that 5.6 includes at least: 5.7 (1) a comprehensive, accurate, and age appropriate 5.8 curriculum on violence prevention, nonviolent conflict 5.9 resolution, sexual, racial, and cultural harassment, and student 5.10 hazing that promotes equality, respect, understanding, effective 5.11 communication, individual responsibility, thoughtful decision 5.12 making, positive conflict resolution, useful coping skills, 5.13 critical thinking, listening and watching skills, and personal 5.14 safety; 5.15 (2) planning materials, guidelines, and other accurate 5.16 information on preventing physical and emotional violence, 5.17 identifying and reducing the incidence of sexual, racial, and 5.18 cultural harassment, and reducing child abuse and neglect; 5.19 (3) a special parent education component of early childhood 5.20 family education programs to prevent child abuse and neglect and 5.21 to promote positive parenting skills, giving priority to 5.22 services and outreach programs for at-risk families; 5.23 (4) involvement of parents and other community members, 5.24 including the clergy, business representatives, civic leaders, 5.25 local elected officials, law enforcement officials, and the 5.26 county attorney; 5.27 (5) collaboration with local community services, agencies, 5.28 and organizations that assist in violence intervention or 5.29 prevention, including family-based services, crisis services, 5.30 life management skills services, case coordination services, 5.31 mental health services, and early intervention services; 5.32 (6) collaboration among districts and service cooperatives; 5.33 (7) targeting early adolescents for prevention efforts, 5.34 especially early adolescents whose personal circumstances may 5.35 lead to violent or harassing behavior; 5.36 (8) opportunities for teachers to receive in-service 6.1 training or attend other programs on strategies or curriculum 6.2 designed to assist students in intervening in or preventing 6.3 violence in school and at home; and 6.4 (9) administrative policies that reflect, and a staff that 6.5 models, nonviolent behaviors that do not display or condone 6.6 sexual, racial, or cultural harassment or student hazing. 6.7 (c) The department may provide assistance at a neutral site6.8 to a nonpublic school participating in a district's program.6.9 Sec. 3. [REPEALER.] 6.10 Minnesota Statutes 1998, sections 120B.10; 120B.11, 6.11 subdivisions 3, 4, and 7; and 120B.24, are repealed. 6.12 ARTICLE 3 6.13 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 6.14 Section 1. Minnesota Statutes 1998, section 121A.06, is 6.15 amended to read: 6.16 121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 6.17 ZONES.] 6.18 Subdivision 1. [DEFINITIONS.] As used in this section: 6.19 (1) "dangerous weapon" has the meaning given it in section 6.20 609.02, subdivision 6; and 6.21 (2) "school" has the meaning given it in section 120A.22,6.22 subdivision 4; and6.23 (3)"school zone" has the meaning given it in section 6.24 152.01, subdivision 14a, clauses (1) and (3). 6.25 Subd. 2. [REPORTS; CONTENT.] By January 1, 1994,The 6.26 commissioner , in consultation with the criminal and juvenile6.27 information policy group,shall developmaintain a standardized 6.28 form to be used by schools to report incidents involving the use 6.29 or possession of a dangerous weapon in school zones. The form6.30 shall include the following information:6.31 (1) a description of each incident, including a description6.32 of the dangerous weapon involved in the incident;6.33 (2) where, at what time, and under what circumstances the6.34 incident occurred;6.35 (3) information about the offender, other than the6.36 offender's name, including the offender's age; whether the7.1 offender was a student and, if so, where the offender attended7.2 school; and whether the offender was under school expulsion or7.3 suspension at the time of the incident;7.4 (4) information about the victim other than the victim's7.5 name, if any, including the victim's age; whether the victim was7.6 a student and, if so, where the victim attended school; and if7.7 the victim was not a student, whether the victim was employed at7.8 the school;7.9 (5) the cost of the incident to the school and to the7.10 victim; and7.11 (6) the action taken by the school administration to7.12 respond to the incident.7.13 The commissioner also shall develop an alternative7.14 reporting format that allows school districts to provide7.15 aggregate data, with an option to use computer technology to7.16 report the data.7.17 Subd. 3. [REPORTS; FILING REQUIREMENTS.] By February 1 and7.18 July 1 of each year, each school shall report incidents 7.19 involving the use or possession of a dangerous weapon in school 7.20 zones to the commissioner. The reports must be made on the 7.21 standardized forms or using the alternative format developed by 7.22 the commissioner under subdivision 2. The commissioner shall 7.23 compile the information it receives from the schools and report 7.24 it annually to the commissioner of public safety, the criminal 7.25 and juvenile information policy group, and the legislature. 7.26 Sec. 2. Minnesota Statutes 1998, section 121A.11, 7.27 subdivision 1, is amended to read: 7.28 Subdivision 1. [DISPLAYED BY SCHOOLS.] Every public school 7.29 in Minnesota must display an appropriate United States flag when 7.30 in session. The flag shall be displayed upon the school grounds7.31 or outside the school building, on a proper staff, on every7.32 legal holiday occurring during the school term and at such other7.33 times as the board of the district may direct.The flag must be 7.34 displayed within the principal rooms of the school building at 7.35 all other times while school is in session. 7.36 Sec. 3. Minnesota Statutes 1998, section 121A.15, is 8.1 amended to read: 8.2 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 8.3 Subdivision 1. [IMMUNIZATION REQUIREMENT.] Except as 8.4 provided in subdivisions 3, 4, and 10, no person over two months 8.5 old may be allowed to enroll or remain enrolled in any 8.6 elementary or secondary school or child care facility in this 8.7 state until the person has submitted to the administrator or8.8 other person having general control and supervision of the8.9 school or child care facility,one of the following statements: 8.10 (1) a statement from a physician or a public clinic which8.11 provides immunizationsan immunization provider stating that the 8.12 person has received immunization, consistent with medically 8.13 acceptable standards, against measles after having attained the 8.14 age of 12 months, rubella, diphtheria, tetanus, pertussis, 8.15 polio, mumps, haemophilus influenza type b, and hepatitis B; or 8.16 (2) a statement from a physician or a public clinic which8.17 provides immunizationsan immunization provider stating that the 8.18 person has received immunizations, consistent with medically 8.19 acceptable standards, against measles after having attained the 8.20 age of 12 months, rubella, mumps, and haemophilus influenza type 8.21 b and that the person has commenced a schedule of immunizations 8.22 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 8.23 which indicates the month and year of each immunization received. 8.24 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 8.25 commenced a treatment schedule of immunization pursuant to 8.26 subdivision 1, clause (2), may remain enrolled in any child care 8.27 facility, elementary, or secondary school in this state after 18 8.28 months of enrollment unless there is submitted to the 8.29 administrator , or other person having general control and8.30 supervision of the school or child care facility,a statement 8.31 from a physician or a public clinic which provides immunizations8.32 an immunization provider that the person has completed the 8.33 primary schedule of immunizations for diphtheria, tetanus, 8.34 pertussis, polio, and hepatitis B. The statement must include 8.35 the month, day, and year of each additional immunization 8.36 received. For a child less than seven years of age, a primary 9.1 schedule of immunizations shall consist of four doses of vaccine 9.2 for diphtheria, tetanus, and pertussis and three doses of 9.3 vaccine for poliomyelitis and hepatitis B. For a child seven 9.4 years of age or older, a primary schedule of immunizations shall 9.5 consist of three doses of vaccine for diphtheria, tetanus, 9.6 polio, and hepatitis B as specified in subdivision 10. 9.7 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 9.8 is at least seven years old and has not been immunized against 9.9 pertussis, the person must not be required to be immunized 9.10 against pertussis. 9.11 (b) If a person is at least 18 years old and has not 9.12 completed a series of immunizations against poliomyelitis, the 9.13 person must not be required to be immunized against 9.14 poliomyelitis. 9.15 (c) If a statement, signed by a physician, is submitted to 9.16 the administrator or other person having general control and9.17 supervision of the school or child care facilitystating that an 9.18 immunization is contraindicated for medical reasons or that 9.19 laboratory confirmation of the presence of adequate immunity 9.20 exists, the immunization specified in the statement need not be 9.21 required. 9.22 (d) If a notarized statement signed by the minor child's 9.23 parent or guardian or by the emancipated person is submitted to 9.24 the administrator or other person having general control and9.25 supervision of the school or child care facilitystating that 9.26 the person has not been immunized as prescribed in subdivision 1 9.27 because of the conscientiously held beliefs of the parent or 9.28 guardian of the minor child or of the emancipated person, the 9.29 immunizations specified in the statement shall not be required. 9.30 This statement must also be forwarded to the commissioner of the 9.31 department of health. 9.32 (e) If the person is under 15 months, the person is not 9.33 required to be immunized against measles, rubella, or mumps. 9.34 (f) If a person is at least five years old and has not been 9.35 immunized against haemophilus influenza type b, the person is 9.36 not required to be immunized against haemophilus influenza type 10.1 b. 10.2 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 10.3 who is enrolling or enrolled in an elementary or secondary 10.4 school or child care facility may substitute a statement from 10.5 the emancipated person or a parent or guardian if the person is 10.6 a minor child in lieu of the statement from a physician or10.7 public clinic which provides immunizationsan immunization 10.8 provider. If the statement is from a parent or guardian or 10.9 emancipated person, the statement must indicate the month and 10.10 year of each immunization given. 10.11 (b) In order for the statement to be acceptable for a 10.12 person who is enrolling in an elementary school and who is six 10.13 years of age or younger, it must indicate that the following was 10.14 given: no less than one dose of vaccine each for measles, 10.15 mumps, and rubella given separately or in combination; no less 10.16 than four doses of vaccine for poliomyelitis, unless the third 10.17 dose was given after the fourth birthday, then three doses are 10.18 minimum; no less than five doses of vaccine for diphtheria, 10.19 tetanus, and pertussis, unless the fourth dose was given after 10.20 the fourth birthday, then four doses are minimum; and no less 10.21 than three doses of vaccine for hepatitis B as specified in 10.22 subdivision 10. 10.23 (c) In order for the statement to be consistent with 10.24 subdivision 10 and acceptable for a person who is enrolling in 10.25 an elementary or secondary school and is age seven through age 10.26 19, the statement must indicate that the person has received no 10.27 less than one dose of vaccine each for measles, mumps, and 10.28 rubella given separately or in combination, and no less than 10.29 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 10.30 and hepatitis B. 10.31 (d) In order for the statement to be acceptable for a 10.32 person who is enrolling in a secondary school, and who was born 10.33 after 1956 and is 20 years of age or older, the statement must 10.34 indicate that the person has received no less than one dose of 10.35 vaccine each for measles, mumps, and rubella given separately or10.36 in combination, and no less than one dose of vaccine for 11.1 diphtheria and tetanus within the preceding ten years. 11.2 (e) In order for the statement to be acceptable for a 11.3 person who is enrolling in a child care facility and who is at 11.4 least 15 months old but who has not reached five years of age, 11.5 it must indicate that the following were given: no less than 11.6 one dose of vaccine each for measles, mumps, and rubella given11.7 separately or in combination; no less than one dose of vaccine 11.8 for haemophilus influenza type b; no less than four doses of 11.9 vaccine for diphtheria, tetanus, and pertussis; and no less than 11.10 three doses of vaccine for poliomyelitis. 11.11 (f) In order for the statement to be acceptable for a 11.12 person who is enrolling in a child care facility and who is five 11.13 or six years of age, it must indicate that the following was 11.14 given: no less than one dose of vaccine each for measles, 11.15 mumps, and rubella given separately or in combination; no less 11.16 than four doses of vaccine for diphtheria, tetanus, and 11.17 pertussis; and no less than three doses of vaccine for 11.18 poliomyelitis. 11.19 (g) In order for the statement to be acceptable for a 11.20 person who is enrolling in a child care facility and who is 11.21 seven years of age or older, the statement must indicate that 11.22 the person has received no less than one dose of vaccine each 11.23 for measles, mumps, and rubella given separately or in11.24 combinationand consistent with subdivision 10, and no less than 11.25 three doses of vaccine for poliomyelitis, diphtheria, and 11.26 tetanus. 11.27 (h) The commissioner of health, on finding that any of the11.28 above requirements are not necessary to protect the public's11.29 health, may suspend for one year that requirement.11.30 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 11.31 person transfers from one elementary or secondary school to 11.32 another, the school board of a public school district or the 11.33 administrator of a nonpublic school may allow the person up to a 11.34 maximum of 30 days to submit one or more of the statements as 11.35 specified in subdivision 1 or 3, during which time the person 11.36 may enroll in and attend the school. If a person enrolls in a 12.1 child care facility in which at least 75 percent of children in 12.2 the facility participate on a one-time only or occasional basis 12.3 to a maximum of 45 hours per child, per month, or is placed in a 12.4 facility by a crisis nursery, the person shall be exempt from 12.5 all requirements of this section for up to five consecutive 12.6 days, starting from the first day of attendance. 12.7 Subd. 6. [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 12.8 commissioner of health, on finding that an immunization required 12.9 pursuant to this section is not necessary to protect the 12.10 public's health, may suspend for one year the requirement that 12.11 children receive that immunization. 12.12 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 12.13 child care facility shall maintain on file immunization records 12.14 for all persons in attendance that contain the information 12.15 required by subdivisions 1, 2, and 3. The school shall maintain 12.16 the records for at least five years after the person attains the 12.17 age of majority. The department of health and the board of 12.18 health, as defined in section 145A.02, subdivision 2, in whose 12.19 jurisdiction the school or child care facility is located, shall 12.20 have access to the files maintained pursuant to this 12.21 subdivision. When a person transfers to another elementary or 12.22 secondary school or child care facility, the administrator or12.23 other person having general control and supervision of the12.24 school or child care facilityshall assist the person's parent 12.25 or guardian in the transfer of the immunization file to the 12.26 person's new school or child care facility within 30 days of the 12.27 transfer. Upon the request of a public or private 12.28 post-secondary educational institution, as defined in section 12.29 135A.14, the administrator or other person having general12.30 control or supervision of a schoolshall assist in the transfer 12.31 of a student's immunization file to the post-secondary 12.32 institution. 12.33 Subd. 8. [REPORT.] The administrator or other person12.34 having general control and supervision of the elementary or12.35 secondary schoolshall file a report with the commissioner on 12.36 all persons enrolled in the school. The superintendent of each 13.1 district shall file a report with the commissioner for all 13.2 persons within the district receiving instruction in a home 13.3 school in compliance with sections 120A.22 and 120A.24. The 13.4 parent of persons receiving instruction in a home school shall 13.5 submit the statements as required by subdivisions 1, 2, 3, and 4 13.6 to the superintendent of the district in which the person 13.7 resides by October 1 of each school year. The school report 13.8 must be prepared on forms developed jointly by the commissioner 13.9 of health and the commissioner of children, families, and 13.10 learning and be distributed to the local districts by the 13.11 commissioner of health. The school report must state the number 13.12 of persons attending the school, the number of persons who have 13.13 not been immunized according to subdivision 1 or 2, and the 13.14 number of persons who received an exemption under subdivision 3, 13.15 clause (c) or (d). The school report must be filed with the 13.16 commissioner of children, families, and learning within 60 days 13.17 of the commencement of each new school term. Upon request, a 13.18 district must be given a 60-day extension for filing the school 13.19 report. The commissioner of children, families, and learning 13.20 shall forward the report, or a copy thereof, to the commissioner 13.21 of health who shall provide summary reports to boards of health 13.22 as defined in section 145A.02, subdivision 2. The administrator 13.23 or other person having general control and supervision of the13.24 child care facilityshall file a report with the commissioner of 13.25 human services on all persons enrolled in the child care 13.26 facility. The child care facility report must be prepared on 13.27 forms developed jointly by the commissioner of health and the 13.28 commissioner of human services and be distributed to child care 13.29 facilities by the commissioner of health. The child care 13.30 facility report must state the number of persons enrolled in the 13.31 facility, the number of persons with no immunizations, the 13.32 number of persons who received an exemption under subdivision 3, 13.33 clause (c) or (d), and the number of persons with partial or 13.34 full immunization histories. The child care facility report 13.35 must be filed with the commissioner of human services by 13.36 November 1 of each year. The commissioner of human services 14.1 shall forward the report, or a copy thereof, to the commissioner 14.2 of health who shall provide summary reports to boards of health 14.3 as defined in section 145A.02, subdivision 2. The report 14.4 required by this subdivision is not required of a family child 14.5 care or group family child care facility, for prekindergarten 14.6 children enrolled in any elementary or secondary school provided 14.7 services according to sections 125A.05 and 125A.06, nor for 14.8 child care facilities in which at least 75 percent of children 14.9 in the facility participate on a one-time only or occasional 14.10 basis to a maximum of 45 hours per child, per month. 14.11 Subd. 9. [DEFINITIONS.] As used in this section the 14.12 following terms have the meanings given them. 14.13 (a) "Elementary or secondary school" includes any public 14.14 school as defined in section 120A.05, subdivisions 9, 11, 13, 14.15 and 17, or nonpublic school, church, or religious organization, 14.16 or home school in which a child is provided instruction in 14.17 compliance with sections 120A.22 and 120A.24. 14.18 (b) "Person enrolled in any elementary or secondary school" 14.19 means a person born after 1956 andenrolled in grades 14.20 kindergarten through 12, and a child with a disability receiving 14.21 special instruction and services as required in sectionssection 14.22 125A.03 to 125A.24 and 125A.65, excluding a child being provided 14.23 services according to section 125A.05, paragraph (c), or14.24 125A.06, paragraph (d)subdivisions 3 and 7. 14.25 (c) "Child care facility" includes those child care 14.26 programs subject to licensure under chapter 245A, and Minnesota 14.27 Rules, chapters 9502 and 9503. 14.28 (d) "Family child care" means child care for no more than 14.29 ten children at one time of which no more than six are under 14.30 school age. The licensed capacity must include all children of 14.31 any caregiver when the children are present in the residence. 14.32 (e) "Group family child care" means child care for no more 14.33 than 14 children at any one time. The total number of children 14.34 includes all children of any caregiver when the children are 14.35 present in the residence. 14.36 (f) "Administrator" means any individual having general 15.1 control and supervision of a school or child care facility. 15.2 (g) "Immunization provider" means any physician, health 15.3 care provider, or public clinic that provides immunizations. 15.4 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 15.5 statement required to be submitted under subdivisions 1, 2, and 15.6 4 to document evidence of immunization shall include month, day, 15.7 and year for immunizations administered after January 1, 1990. 15.8 (a) For persons enrolled in grades 7 and 12 during the15.9 1996-1997 school term, the statement must indicate that the15.10 person has received a dose of tetanus and diphtheria toxoid no15.11 earlier than 11 years of age.15.12 (b) Except as specified in paragraph (e), for persons15.13 enrolled in grades 7, 8, and 12 during the 1997-1998 school15.14 term, the statement must indicate that the person has received a15.15 dose of tetanus and diphtheria toxoid no earlier than 11 years15.16 of age.15.17 (c)Except as specified in paragraph (e)(c), for persons 15.18 enrolled in grades 7 through 12 during the 1998-1999 school term 15.19 and for each year thereafter, the statement must indicate that 15.20 the person has received a dose of tetanus and diphtheria toxoid 15.21 no earlier than 11 years of age. 15.22 (d)(b) For persons enrolled in grades 7 through 12 during15.23 the 1996-1997 school year and for each year thereafter, the 15.24 statement must indicate that the person has received at least 15.25 two doses of vaccine against measles, mumps, and rubella, given15.26 alone or separatelyand given not less than one month apart. 15.27 (e)(c) A person who has received at least three doses of 15.28 tetanus and diphtheria toxoids, with the most recent dose given 15.29 after age six and before age 11, is not required to have 15.30 additional immunization against diphtheria and tetanus until ten 15.31 years have elapsed from the person's most recent dose of tetanus 15.32 and diphtheria toxoid. 15.33 (f)(d) The requirement for hepatitis B vaccination shall 15.34 apply to persons enrolling in kindergarten beginning with the 15.35 2000-2001 school term. 15.36 (g)(e) The requirement for hepatitis B vaccination shall 16.1 apply to persons enrolling in grade 7 beginning with the 16.2 2001-2002 school term. 16.3 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 16.4 RESPONSIBILITIES.] Nothing in this section relieves the 16.5 commissioner of human services of the responsibility, under 16.6 chapter 245A, to inspect and assure that statements required by 16.7 this section are on file at child care programs subject to 16.8 licensure. 16.9 Sec. 4. Minnesota Statutes 1998, section 121A.26, is 16.10 amended to read: 16.11 121A.26 [SCHOOL PREASSESSMENT TEAMS.] 16.12 Every public school, and every nonpublic school that 16.13 participates in a school district chemical abuse program shall 16.14 establish a chemical abuse preassessment team. The 16.15 preassessment team must be composed of classroom teachers, 16.16 administrators, and to the extent they exist in each school, 16.17 school nurse, school counselor or psychologist, social worker, 16.18 chemical abuse specialist, and other appropriate professional 16.19 staff. The superintendents or their designees shall designate 16.20 the team members in the public schools. The preassessment team 16.21 is responsible for addressing reports of chemical abuse problems 16.22 and making recommendations for appropriate responses to the 16.23 individual reported cases. Districts shall adopt a process for 16.24 addressing reports of chemical abuse problems. 16.25 Within 45 days after receiving an individual reported case,16.26 the preassessment team shall make a determination whether to16.27 provide the student and, in the case of a minor, the student's16.28 parents with information about school and community services in16.29 connection with chemical abuse. Data may be disclosed without16.30 consent in health and safety emergencies pursuant to section16.31 13.32 and applicable federal law and regulations.16.32 Notwithstanding section 138.163, destruction of records16.33 identifying individual students shall be governed by this16.34 section. If the preassessment team decides not to provide a16.35 student and, in the case of a minor, the student's parents with16.36 information about school or community services in connection17.1 with chemical abuse, records created or maintained by the17.2 preassessment team about the student shall be destroyed not17.3 later than six months after the determination is made. If the17.4 preassessment team decides to provide a student and, in the case17.5 of a minor, the student's parents with information about school17.6 or community services in connection with chemical abuse, records17.7 created or maintained by the preassessment team about the17.8 student shall be destroyed not later than six months after the17.9 student is no longer enrolled in the district.17.10 Sec. 5. Minnesota Statutes 1998, section 121A.27, is 17.11 amended to read: 17.12 121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 17.13 The superintendent, with the advice of the school board, 17.14 shall establish a school and community advisory team to address 17.15 chemical abuse problems in the district. The school and17.16 community advisory team must be composed of representatives from17.17 the school preassessment team established in section 121A.26, to17.18 the extent possible, law enforcement agencies, county attorney's17.19 office, social service agencies, chemical abuse treatment17.20 programs, parents, and the business community. The community17.21 advisory team shall:17.22 (1) build awareness of the problem within the community,17.23 identify available treatment and counseling programs for17.24 students and develop good working relationships and enhance17.25 communication between the schools and other community agencies;17.26 and17.27 (2) develop a written procedure clarifying the notification17.28 process to be used by the chemical abuse preassessment team17.29 established under section 121A.26 when a student is believed to17.30 be in possession of or under the influence of alcohol or a17.31 controlled substance. The procedure must include contact with17.32 the student, and the student's parents or guardian in the case17.33 of a minor student.17.34 Sec. 6. Minnesota Statutes 1998, section 121A.28, is 17.35 amended to read: 17.36 121A.28 [LAW ENFORCEMENT RECORDS.] 18.1 A law enforcement agency shall provide notice of any drug 18.2 incident occurring within the agency's jurisdiction, in which 18.3 the agency has probable cause to believe a student violated 18.4 section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 18.5 152.097, or 340A.503, subdivision 1, 2, or 3. The notice shall 18.6 be in writing and shall be provided, within two weeks after an 18.7 incident occurs, to the chemical abuse preassessment team in the18.8 school where the student is enrolled. 18.9 Sec. 7. Minnesota Statutes 1998, section 121A.29, 18.10 subdivision 1, is amended to read: 18.11 Subdivision 1. [TEACHER'S DUTY.] A teacher in a nonpublic 18.12 school participating in a school district chemical use program, 18.13 or a public school teacher, who knows or has reason to believe 18.14 that a student is using, possessing, or transferring alcohol or 18.15 a controlled substance while on the school premises or involved 18.16 in school-related activities, shall immediately notify 18.17 the school's chemical abuse preassessment teamschool of this 18.18 information. A teacher who complies with this section shall be 18.19 defended and indemnified under section 466.07, subdivision 1, in 18.20 any action for damages arising out of the compliance. 18.21 Sec. 8. Minnesota Statutes 1998, section 121A.32, 18.22 subdivision 1, is amended to read: 18.23 Subdivision 1. [REQUIREMENT TO WEAR EYE PROTECTIVE 18.24 DEVICES.] (a) As a condition of enrollment in a course or 18.25 activity, every personstudent shall wear industrial quality eye 18.26 protective devices when participating in, observing or 18.27 performing any function in connection with, anycourses or 18.28 activities taking place in eye protection areas, as defined in 18.29 subdivision 3, of any school, college, university or other18.30 educationalelementary or secondary institution in the state. 18.31 (b) Industrial quality eye protective devices are defined 18.32 as those meeting the standards of the American National 18.33 Standards Institute, currently identified as ANSI 287.1-1968. 18.34 (c) Any student failing to comply with this requirement may 18.35 be temporarily suspended from participation in that activity. 18.36 Repeated failure to comply with this requirement shall result in 19.1 cancellation of the student from the activity or course. 19.2 Sec. 9. Minnesota Statutes 1998, section 121A.34, is 19.3 amended to read: 19.4 121A.34 [SCHOOL SAFETY PATROLS.] 19.5 Subdivision 1. [ESTABLISHMENT.] In the exercise of19.6 authorized control and supervision over pupils attending schools19.7 and other educational institutions, both public and private,The 19.8 governing board or other directing authority of any suchschool 19.9 or institution is empowered to authorize the organization and 19.10 supervision of school safety patrols for the purpose of 19.11 influencing and encouraging other pupils to refrain from 19.12 crossing public highways at points other than regular crossings 19.13 and for the purpose of directing pupils when and where to cross 19.14 highways. 19.15 Subd. 2. [APPOINTMENT OF MEMBERS.] Unless the parents or19.16 guardian of a pupil object in writing to the school authorities19.17 to the appointment of the pupil on a school safety patrol, it is19.18 lawful for anyA pupil over nine years of age toold may be 19.19 appointed and designated as a member ofto the patrol in any19.20 school in which. If there are no pupils who have attained such19.21 ageat least nine years old, then any pupil in the highest grade 19.22 thereinin that school may be soappointed and19.23 designated. The pupil's parent or guardian may object to the 19.24 appointment in writing to school authorities. School 19.25 authorities may also appoint and designate nonpupil adults as 19.26 members of a school safety patrol on a voluntary or for-hire 19.27 basis. 19.28 Subd. 3. [LIABILITY NOT TO ATTACH.] No liability shall19.29 attach either to theA school, educational institution, 19.30 governing board, directing authority, or any individual 19.31 director, board member, superintendent, principal, teacher, or 19.32 other school authority by virtue of the organization, 19.33 maintenance, or operation of sucha school safety patrol shall 19.34 not be liable because of injuries sustained by any pupil, 19.35 whether a member of the patrol or otherwise by reason ofdue to 19.36 the operation and maintenance of the patrol. 20.1 Subd. 4. [IDENTIFY, OPERATION.] Identification and 20.2 operation of school safety patrols shall be uniform throughout 20.3 the state and the method of identification and signals to be 20.4 used shall be as prescribed by the commissioner of public 20.5 safety. School safety patrol members may wear fluorescent20.6 reflective vests.20.7 Sec. 10. Minnesota Statutes 1998, section 121A.55, is 20.8 amended to read: 20.9 121A.55 [POLICIES TO BE ESTABLISHED.] 20.10 (a) The commissioner of children, families, and learning 20.11 shall promulgate guidelines to assist each school board. Each 20.12 school board shall establish uniform criteria for dismissal and 20.13 adopt written policies and rules to effectuate the purposes of 20.14 sections 121A.40 to 121A.56. The policies shall emphasize 20.15 preventing dismissals through early detection of problems and 20.16 shall be designed to address students' inappropriate behavior 20.17 from recurring. The policies shall recognize the continuing 20.18 responsibility of the school for the education of the pupil 20.19 during the dismissal period. The alternative educational 20.20 services, if the pupil wishes to take advantage of them, must be 20.21 adequate to allow the pupil to make progress towards meeting the 20.22 graduation standards adopted under section 120B.02 and help 20.23 prepare the pupil for readmission. 20.24 (b) An area learning center under section 123A.05 may not 20.25 prohibit an expelled or excluded pupil from enrolling solely 20.26 because a district expelled or excluded the pupil. The board of 20.27 the area learning center may use the provisions of the Pupil 20.28 Fair Dismissal Act to exclude a pupil or to require an admission 20.29 plan. 20.30 (c) The commissioner shall actively encourage and assist20.31 school districts to cooperatively establish alternative20.32 educational services within school buildings or at alternative20.33 program sites that offer instruction to pupils who are dismissed20.34 from school for willfully engaging in dangerous, disruptive, or20.35 violent behavior, including for possessing a firearm in a school20.36 zone.21.1 Sec. 11. Minnesota Statutes 1998, section 121A.69, 21.2 subdivision 3, is amended to read: 21.3 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 21.4 adopt a written policy governing student or staff hazing. The 21.5 policy must apply to student behavior that occurs on or off 21.6 school property and during and after school hours. The policy21.7 must include reporting procedures and disciplinary consequences21.8 for violating the policy. Disciplinary consequences must be21.9 sufficiently severe to deter violations and appropriately21.10 discipline prohibited behavior. Disciplinary consequences must21.11 conform with sections 121A.41 to 121A.56. Each school must21.12 include the policy in the student handbook on school policies.21.13 Sec. 12. [REPEALER.] 21.14 Minnesota Statutes 1998, sections 121A.03, subdivision 3; 21.15 121A.11, subdivision 2; 121A.16; 121A.32, subdivisions 2, 4, and 21.16 5; and 121A.41, subdivision 3, are repealed. 21.17 ARTICLE 4 21.18 TEACHERS AND OTHER EDUCATORS 21.19 Section 1. Minnesota Statutes 1998, section 122A.09, 21.20 subdivision 6, is amended to read: 21.21 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 21.22 secretary of the board of teaching shall keep a record of the 21.23 proceedings of and a register of all persons licensed pursuant 21.24 to the provisions of this chapter. The register must show the21.25 name, address, license number and the renewal of the license.21.26 The board must on July 1, of each year or as soon thereafter as21.27 is practicable, compile a list of such duly licensed teachers21.28 and transmit a copy of the list to the board.A copy of the 21.29 register must be available during business hours at the office 21.30 of the board to any interested person. 21.31 Sec. 2. Minnesota Statutes 1998, section 122A.15, is 21.32 amended to read: 21.33 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 21.34 DEFINITIONS, LICENSURE.] 21.35 Subdivision 1. [TEACHERS.] The term "teachers" for the 21.36 purpose of licensure, means all persons employed in a public 22.1 school or education district or by a service cooperative as 22.2 members of the instructional, supervisory, and support staff 22.3 including superintendents, principals, supervisors, secondary 22.4 vocational and other classroom teachers, librarians, counselors, 22.5 school psychologists, school nurses, school social workers, 22.6 audio-visual directors and coordinators, recreation personnel, 22.7 media generalists, media supervisors, and speech therapists22.8 educational speech-language pathologists. 22.9 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 22.10 for the purpose of licensure means superintendents, principals, 22.11 and professional employees who devote 50 percent or more of 22.12 their time to administrative or supervisory duties over other 22.13 personnel , and includes athletic coaches. 22.14 Sec. 3. Minnesota Statutes 1998, section 122A.22, is 22.15 amended to read: 22.16 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 22.17 No person shall be accounted a qualified teacher until the 22.18 person has filed either a teaching license for record or a 22.19 certified copy of a teaching license with the district 22.20 superintendent where the person intends to teach a license, or22.21 certified copy of a license, authorizing the person to teach22.22 school in the district school system. 22.23 Sec. 4. Minnesota Statutes 1998, section 122A.40, 22.24 subdivision 3, is amended to read: 22.25 Subd. 3. [HIRING, DISMISSING.] School boards must hire or 22.26 dismiss teachers at dulyappropriately called meetings. Where a22.27 husband and wife, brother and sister, or two brothers or22.28 sisters, constitute a quorum, no contract employing a teacher22.29 shall be made or authorized except upon the unanimous vote of22.30 the full board. A teacher related by blood or marriage, within22.31 the fourth degree, computed by the civil law, to a board member22.32 shall not be employed except by a unanimous vote of the full22.33 board.The initial employment of the teacher in the district 22.34 must be by written contract, signed by the teacher and by the 22.35 chair and clerk. All subsequent employment of the teacher in 22.36 the district must be by written contract, signed by the teacher 23.1 and by the chair and clerk, except where there is a master 23.2 agreement covering the employment of the teacher. Contracts for 23.3 teaching or supervision of teaching can be made only with 23.4 qualified teachers. A teacher shall not be required to reside23.5 within the employing district as a condition to teaching23.6 employment or continued teaching employment.23.7 Sec. 5. Minnesota Statutes 1999 Supplement, section 23.8 122A.40, subdivision 5, is amended to read: 23.9 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 23.10 consecutive years of a teacher's first teaching experience in 23.11 Minnesota in a single district is deemed to be a probationary 23.12 period of employment, and after completion thereof, the 23.13 probationary period in each district in which the teacher is 23.14 thereafter employed shall be one year. The school board must 23.15 adopt a plan for written evaluation of teachers during the 23.16 probationary period. Evaluation must occur at least three times 23.17 each year for a teacher performing services on 120 or more 23.18 school days, at least two times each year for a teacher 23.19 performing services on 60 to 119 school days, and at least one 23.20 time each year for a teacher performing services on fewer than 23.21 60 school days. Days devoted to parent-teacher conferences, 23.22 teachers' workshops, and other staff development opportunities 23.23 and days on which a teacher is absent from school must not be 23.24 included in determining the number of school days on which a 23.25 teacher performs services. Except as otherwise provided in 23.26 paragraph (b), during the probationary period any annual 23.27 contract with any teacher may or may not be renewed as the 23.28 school board shall see fit. However,The board must give any 23.29 suchprobationary teacher whose contract it declines to renew 23.30 for the following school year written notice to that effect 23.31 before July 1. If the teacher requests reasons for any 23.32 nonrenewal of a teaching contract, the board must give the 23.33 teacher its reason in writing, including a statement that 23.34 appropriate supervision was furnished describing the nature and 23.35 the extent of such supervision furnished the teacher during the 23.36 employment by the board, within ten days after receiving such 24.1 request. The school board may, after a hearing held upon due 24.2 notice, discharge a teacher during the probationary period for 24.3 cause, effective immediately, under section 122A.44. 24.4 (b) A board must discharge a probationary teacher, 24.5 effective immediately, upon receipt of notice under section 24.6 122A.20, subdivision 1, paragraph (b), that the teacher's 24.7 license has been revoked due to a conviction for child abuse or 24.8 sexual abuse. 24.9 Sec. 6. Minnesota Statutes 1998, section 122A.40, 24.10 subdivision 8, is amended to read: 24.11 Subd. 8. [PEER REVIEW FOR CONTINUING CONTRACTTEACHERS.] A 24.12 school board and an exclusive representative of the teachers in 24.13 the district shall develop a peer review process for continuing 24.14 contract teachers and probationary teachers through joint 24.15 agreement. 24.16 Sec. 7. Minnesota Statutes 1998, section 122A.40, 24.17 subdivision 19, is amended to read: 24.18 Subd. 19. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 24.19 EXPUNGEMENT.] All evaluations and files generated within a 24.20 school district relating to each individual teacher must be 24.21 available to each individual teacher upon written request. 24.22 Effective January 1, 1976, all evaluations and files, wherever 24.23 generated, relating to each individual teacher must be available 24.24 to each individual teacher upon written request. The teacher 24.25 shall have the right to reproduce any of the contents of the 24.26 files at the teacher's expenseand to submit for inclusion in 24.27 the file written information in response to any material 24.28 contained therein. 24.29 A district may destroy the files as provided by law and 24.30 must expunge from the teacher's file any material found to be 24.31 false or inaccurate through the grievance procedure required 24.32 pursuant to section 179A.20, subdivision 4. The grievance 24.33 procedure promulgated by the director of the bureau of mediation 24.34 services, pursuant to section 179A.04, subdivision 3, clause 24.35 (h), applies to those principals and supervisory employees not 24.36 included in an appropriate unit as defined in section 179A.03. 25.1 Expungement proceedings must be commenced within the time period 25.2 provided in the collective bargaining agreement for the 25.3 commencement of a grievance. If no time period is provided in 25.4 the bargaining agreement, the expungement proceedings must 25.5 commence within 15 days after the teacher has knowledge of the 25.6 inclusion in the teacher's file of the material the teacher 25.7 seeks to have expunged. 25.8 Sec. 8. Minnesota Statutes 1998, section 122A.41, 25.9 subdivision 15, is amended to read: 25.10 Subd. 15. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 25.11 EXPUNGEMENT.] All evaluations and files generated within a 25.12 district relating to each individual teacher must be available 25.13 to each individual teacher upon the teacher's written request. 25.14 Effective January 1, 1976, all evaluations and files, wherever 25.15 generated, relating to each individual teacher must be available 25.16 to each individual teacher upon the teacher's written request. 25.17 The teacher has the right to reproduce any of the contents of 25.18 the files at the teacher's expenseand to submit for inclusion 25.19 in the file written information in response to any material 25.20 contained therein. 25.21 A district may destroy the files as provided by law and 25.22 must expunge from the teacher's file any material found to be 25.23 false or substantially inaccurate through the grievance 25.24 procedure required pursuant to section 179A.20, subdivision 4. 25.25 The grievance procedure promulgated by the director of the 25.26 bureau of mediation services, pursuant to section 179A.04, 25.27 subdivision 3, clause (h), applies to those principals and 25.28 supervisory employees not included in an appropriate unit as 25.29 defined in section 179A.03. Expungement proceedings must be 25.30 commenced within the time period provided in the collective 25.31 bargaining agreement for the commencement of a grievance. If no 25.32 time period is provided in the bargaining agreement, the 25.33 expungement proceedings must commence within 15 days after the 25.34 teacher has knowledge of the inclusion in the teacher's file of 25.35 the material the teacher seeks to have expunged. 25.36 Sec. 9. [122A.455] [TEACHER CONTRACTS.] 26.1 The school board and the exclusive bargaining 26.2 representative of the teachers must negotiate, if applicable: 26.3 (1) short-term, limited contracts; 26.4 (2) summer school contracts; 26.5 (3) sabbatical leave; 26.6 (4) faculty and staff exchange programs; and 26.7 (5) temporary assignments. 26.8 Sec. 10. Minnesota Statutes 1998, section 122A.51, is 26.9 amended to read: 26.10 122A.51 [TEACHER LUNCH PERIOD.] 26.11 A teacher must be provided with a duty-free lunch period, 26.12 scheduled according to school board policy ornegotiated 26.13 agreement. 26.14 Sec. 11. Minnesota Statutes 1999 Supplement, section 26.15 122A.58, subdivision 1, is amended to read: 26.16 Subdivision 1. [TERMINATION; HEARING.] Before a district 26.17 terminates the coaching duties of an employee who is required to26.18 hold a license as an athletic coach from the commissioner of26.19 children, families, and learninga head varsity coach of an 26.20 interscholastic sport at the secondary school level, the 26.21 district must notify the employee in writing and state its 26.22 reason for the proposed termination. Within 14 days of 26.23 receiving this notification, the employee may request in writing 26.24 a hearing on the termination before the commissioner. If a 26.25 hearing is requested, the commissioner must hold a hearing 26.26 within 25 days according to the hearing procedures specified in 26.27 section 122A.40, subdivision 14, and the termination is final 26.28 upon the order of the commissioner after the hearing. 26.29 Sec. 12. Minnesota Statutes 1999 Supplement, section 26.30 122A.60, subdivision 1, is amended to read: 26.31 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 26.32 board must use the revenue authorized in section 122A.61 for 26.33 in-service education for programs under section 120B.22, 26.34 subdivision 2,or for staff development plans under this 26.35 section. The board must establish an advisory staff development 26.36 committee to develop the plan, assist site professional 27.1 development teams in developing a site plan consistent with the 27.2 goals of the plan, and evaluate staff development efforts at the 27.3 site level. A majority of the advisory committee and the site 27.4 professional development team must be teachers representing 27.5 various grade levels, subject areas, and special education. The 27.6 advisory committee must also include nonteaching staff, parents, 27.7 and administrators. Districts must report staff development 27.8 results andexpenditures to the commissioner in the form and 27.9 manner determined by the commissioner. The expenditure report 27.10 must include expenditures by the board for district level 27.11 activities and expenditures made by the staff. The report must 27.12 provide a breakdown of expenditures for (1) curriculum 27.13 development and programs, (2) in-service education, workshops, 27.14 and conferences, and (3) the cost of teachers or substitute 27.15 teachers for staff development purposes. Within each of these 27.16 categories, the report must also indicate whether the 27.17 expenditures were incurred at the district level or the school 27.18 site level, and whether the school site expenditures were made 27.19 possible by the grants to school sites that demonstrate 27.20 exemplary use of allocated staff development revenue. These 27.21 expenditures are to be reported using the UFARS system. The 27.22 commissioner shall report the staff development expenditure data 27.23 to the education committees of the legislature by February 15 27.24 each year. 27.25 Sec. 13. Minnesota Statutes 1998, section 122A.68, 27.26 subdivision 1, is amended to read: 27.27 Subdivision 1. [ESTABLISHMENT.] A school district with a 27.28 teaching residency plan approved by the board of teaching may 27.29 hire graduates of approved Minnesota teacher preparation 27.30 programs as teaching residents. A district shall employ each 27.31 resident for one school year. The district and the resident may 27.32 agree to extend the residency for one additional school year. A 27.33 school may employ no more than one teaching resident for every 27.34 eight full-time equivalent licensed teachers. No more than 60027.35 eligible teachers may be employed as teacher residents in any27.36 one school year.28.1 Sec. 14. Minnesota Statutes 1998, section 122A.68, 28.2 subdivision 7, is amended to read: 28.3 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 28.4 board of teaching must developmaintain for teachers of students 28.5 in prekindergarten through grade 12, model teaching residency 28.6 outcomes and assessments, and mentoring programs. 28.7 Sec. 15. Minnesota Statutes 1998, section 122A.69, is 28.8 amended to read: 28.9 122A.69 [ PRACTICE ORSTUDENT TEACHERS.] 28.10 The board may, by agreements with teacher preparing 28.11 institutions, arrange for classroom experience in the district 28.12 for practice orstudent teachers who have completed not less 28.13 than two years of an approved teacher education program. Such28.14 practiceStudent teachers must be provided with appropriate 28.15 supervision by a fully qualified teacher under rules promulgated 28.16 by the board. PracticeStudent teachers are deemed employees of 28.17 the school district in which they are rendering services for 28.18 purposes of workers' compensation; liability insurance, if 28.19 provided for other district employees in accordance with section 28.20 123B.23; and legal counsel in accordance with the provisions of 28.21 section 123B.25. 28.22 Sec. 16. Minnesota Statutes 1998, section 122A.70, 28.23 subdivision 2, is amended to read: 28.24 Subd. 2. [APPLICATIONS.] The board of teaching must make 28.25 application forms available to sites interested in developing or 28.26 expanding a mentorship program. A school district, a group of 28.27 school districts, or a coalition of districts, teachers and 28.28 teacher education institutions may apply for a teacher 28.29 mentorship program grant. The board of teaching , in28.30 consultation with the teacher mentoring task force,must approve 28.31 or disapprove the applications. To the extent possible, the 28.32 approved applications must reflect effective mentoring 28.33 components, include a variety of coalitions and be 28.34 geographically distributed throughout the state. The board of 28.35 teaching must encourage the selected sites to consider the use 28.36 of its assessment procedures. 29.1 Sec. 17. Minnesota Statutes 1998, section 122A.91, is 29.2 amended to read: 29.3 122A.91 [DESIGNATED STATE OFFICIAL.] 29.4 For the purposes of the agreement set forth in section 29.5 122A.90, the designated state official for this state is the 29.6 commissioner of children, families, and learningexecutive 29.7 secretary of the board of teaching. 29.8 Sec. 18. Minnesota Statutes 1998, section 122A.92, is 29.9 amended to read: 29.10 122A.92 [RECORD OF CONTRACTS.] 29.11 Two copies of all contracts made on behalf of this state 29.12 pursuant to the agreement set forth in section 122A.90 must be 29.13 kept on file in the office of the commissioner of children,29.14 families, and learningboard of teaching. 29.15 Sec. 19. [REVISOR INSTRUCTION.] 29.16 In the next and subsequent editions of Minnesota Statutes 29.17 and Minnesota Rules, the revisor of statutes shall renumber 29.18 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 29.19 Statutes, section 124D.311. The revisor shall also make 29.20 necessary cross-reference changes consistent with the 29.21 renumbering. 29.22 Sec. 20. [REPEALER.] 29.23 (a) Minnesota Statutes 1998, sections 122A.162; 122A.19, 29.24 subdivision 2; 122A.32; 122A.33; 122A.40, subdivision 6; 29.25 122A.42; 122A.43, subdivisions 1, 2, 3, 4, and 6; 122A.45; 29.26 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 29.27 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; and 122A.75, are 29.28 repealed. 29.29 (b) Minnesota Statutes 1999 Supplement, section 122A.72, 29.30 subdivision 4, is repealed. 29.31 ARTICLE 5 29.32 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 29.33 Section 1. Minnesota Statutes 1999 Supplement, section 29.34 123A.06, subdivision 1, is amended to read: 29.35 Subdivision 1. [PROGRAM FOCUS.] (a) The programs and29.36 services of a center must focus on academic and learning skills,30.1 applied learning opportunities, trade and vocational skills,30.2 work-based learning opportunities, work experience, youth30.3 service to the community, transition services, and English30.4 language and literacy programs for children whose primary30.5 language is a language other than English. Applied learning,30.6 work-based learning, and service learning may best be developed30.7 in collaboration with a local education and transitions30.8 partnership, culturally based organizations, mutual assistance30.9 associations, or other community resources. In addition to30.10 offering programs, the center shall coordinate the use of other30.11 available educational services, special education services,30.12 social services, health services, and post-secondary30.13 institutions in the community and services area.30.14 (b)Consistent with the requirements of sections 121A.40 to 30.15 121A.56, a school district may provide an alternative education 30.16 program for a student who is within the compulsory attendance 30.17 age under section 120A.20, and who is involved in severe or 30.18 repeated disciplinary action. 30.19 Sec. 2. [REPEALER.] 30.20 (a) Minnesota Statutes 1998, sections 123A.07; 123A.15, 30.21 subdivision 1; 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 30.22 9, 10, and 11; 123A.37; 123A.38; 123A.39, subdivisions 1, 2, and 30.23 4; 123A.40; 123A.41, subdivision 1; and 123A.43, are repealed. 30.24 (b) Minnesota Statutes 1998, section 123A.41, subdivision 30.25 4, is repealed effective July 1, 2002. 30.26 (c) Minnesota Statutes 1999 Supplement, sections 123A.06, 30.27 subdivision 3; and 123A.36, subdivisions 1 and 2, are repealed. 30.28 ARTICLE 6 30.29 SCHOOL DISTRICT POWERS AND DUTIES 30.30 Section 1. Minnesota Statutes 1998, section 123B.02, 30.31 subdivision 1, is amended to read: 30.32 Subdivision 1. [BOARD AUTHORITY.] The board must have the 30.33 general charge of the business of the district, the school 30.34 houses, and of the interests of the schools thereof. The 30.35 board's authority to govern, manage, and control the district, 30.36 to carry out its duties and responsibilities, and to conduct the 31.1 business of the district includes implied powers in addition to 31.2 any specific powers granted by the legislature. 31.3 Sec. 2. Minnesota Statutes 1998, section 123B.02, 31.4 subdivision 2, is amended to read: 31.5 Subd. 2. [FACILITIES FOR SCHOOL-AGE CHILDREN.] It is the 31.6 duty and the function of the district to furnish school 31.7 facilities to every child of school age residing in any part of 31.8 the district. The board may establish and organize and alter 31.9 and discontinue such grades or schools as it may deem advisable 31.10 and assign to each school and grade a proper number of pupils. 31.11 The board shall provide free textbooks for the pupils of the31.12 district.31.13 Sec. 3. Minnesota Statutes 1999 Supplement, section 31.14 123B.02, subdivision 3, is amended to read: 31.15 Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL 31.16 SUPPORT.] (a) A district must not be required by any type of 31.17 formal or informal agreement except an agreement to provide 31.18 building space according to paragraph (f), including a joint 31.19 powers agreement, or membership in any cooperative unit defined 31.20 in section 123A.24, subdivision 2, to participate in or provide 31.21 financial support for the purposes of the agreement for a time 31.22 period in excess of four fiscal years, or the time period set 31.23 forth in this subdivision. Any agreement, part of an agreement, 31.24 or other type of requirement to the contrary is void. This 31.25 paragraph applies only to agreements entered into between July 31.26 1, 1993, and June 30, 1999. 31.27 (b) This subdivision shall not affect the continued 31.28 liability of a district for its share of bonded indebtedness or 31.29 other debt incurred as a result of any agreement before July 1, 31.30 1993. The district is liable only until the obligation or debt 31.31 is discharged and only according to the payment schedule in 31.32 effect on July 1, 1993, except that the payment schedule may be 31.33 altered for the purpose of restructuring debt or refunding bonds 31.34 outstanding on July 1, 1993, if the annual payments of the 31.35 district are not increased and if the total obligation of the 31.36 school district for its share of outstanding bonds or other debt 32.1 is not increased. 32.2 (c) To cease participating in or providing financial 32.3 support for any of the services or activities relating to the 32.4 agreement or to terminate participation in the agreement, the 32.5 board must adopt a resolution and notify other parties to the 32.6 agreement of its decision on or before February 1 of any year. 32.7 The cessation or withdrawal shall be effective June 30 of the 32.8 same year except that for a member of an education district 32.9 organized under sections 123A.15 to 123A.19 or an intermediate 32.10 district organized under chapter 136D, cessation or withdrawal 32.11 shall be effective June 30 of the following fiscal year. At the 32.12 option of the board, cessation or withdrawal may be effective 32.13 June 30 of the following fiscal year for a district 32.14 participating in any type of agreement. 32.15 (d) Before issuing bonds or incurring other debt, the 32.16 governing body responsible for implementing the agreement must 32.17 adopt a resolution proposing to issue bonds or incur other debt 32.18 and the proposed financial effect of the bonds or other debt 32.19 upon each participating district. The resolution must be 32.20 adopted within a time sufficient to allow the board to adopt a 32.21 resolution within the time permitted by this paragraph and to 32.22 comply with the statutory deadlines set forth in sections 32.23 122A.40, 122A.41, and 123A.33. The governing body responsible 32.24 for implementing the agreement shall notify each participating 32.25 board of the contents of the resolution. Within 120 days of 32.26 receiving the resolution of the governing body, the school board 32.27 of the participating district shall adopt a resolution stating: 32.28 (1) its concurrence with issuing bonds or incurring other 32.29 debt; 32.30 (2) its intention to cease participating in or providing 32.31 financial support for the service or activity related to the 32.32 bonds or other debt; or 32.33 (3) its intention to terminate participation in the 32.34 agreement. 32.35 A board adopting a resolution according to clause (1) is 32.36 liable for its share of bonded indebtedness or other debt as 33.1 proposed by the governing body implementing the agreement. A 33.2 school board adopting a resolution according to clause (2) is 33.3 not liable for the bonded indebtedness or other debt, as 33.4 proposed by the governing body, related to the services or 33.5 activities in which the district ceases participating or 33.6 providing financial support. A board adopting a resolution 33.7 according to clause (3) is not liable for the bonded 33.8 indebtedness or other debt proposed by the governing body 33.9 implementing the agreement. 33.10 (e) After July 1, 1993,A district is liable according to 33.11 paragraph (d) for its share of bonded indebtedness or other debt 33.12 incurred by the governing body implementing the agreement to the 33.13 extent that the bonds or other debt are directly related to the 33.14 services or activities in which the district participates or for 33.15 which the district provides financial support. The district has 33.16 continued liability only until the obligation or debt is 33.17 discharged and only according to the payment schedule in effect 33.18 at the time the governing body implementing the agreement 33.19 provides notice to the school board, except that the payment 33.20 schedule may be altered for the purpose of refunding the 33.21 outstanding bonds or restructuring other debt if the annual 33.22 payments of the district are not increased and if the total 33.23 obligation of the district for the outstanding bonds or other 33.24 debt is not increased. 33.25 (f) A district that is a member of a cooperative unit as 33.26 defined in section 123A.24, subdivision 2, may obligate itself 33.27 to participate in and provide financial support for an agreement 33.28 with a cooperative unit to provide school building space for a 33.29 term not to exceed two years with an option on the part of the 33.30 district to renew for an additional two years. 33.31 (g) Notwithstanding any limitations imposed under this 33.32 subdivision, a school district may, according to section 33.33 123B.51, subdivision 4, enter into a lease of all or a portion 33.34 of a schoolhouse that is not needed for school purposes, 33.35 including, but not limited to, a lease with a term of more than 33.36 one year. 34.1 Sec. 4. Minnesota Statutes 1998, section 123B.04, 34.2 subdivision 2, is amended to read: 34.3 Subd. 2. [AGREEMENT.] (a) Either the school board or 34.4 the schoolsite decision-making team may request that the school 34.5 board enter into an agreement with a schoolsite decision-making 34.6 team concerning the governance, management, or control of the 34.7 school. A school site decision-making team may include the34.8 school principal, teachers in the school or their designee,34.9 other employees in the school, parents of pupils in the school,34.10 representatives of pupils in the school, or other members in the34.11 community. The school site decision-making team shall include34.12 the school principal or other person having general control and34.13 supervision of the school.A school district must provide 34.14 notice to parents about site decision-making teams and inform 34.15 parents about how to be involved with the site decision-making 34.16 team. The site decision-making team must reflect the diversity 34.17 of the student body of the education site. No more than 34.18 one-half of the members shall be employees of the district. 34.19 (b) School site decision-making agreements must delegate 34.20 powers, duties, and broad management responsibilities to site 34.21 teams and involve staff members, students as appropriate, and 34.22 parents in decision making. 34.23 (c) An agreement shall include a statement of powers,34.24 duties, responsibilities, and authority to be delegated to and34.25 within the site.34.26 (d) An agreement may include:34.27 (1) an achievement contract according to subdivision 4;34.28 (2) a mechanism to allow principals, or other persons34.29 having general control and supervision of the school, to make34.30 decisions regarding how financial and personnel resources are34.31 best allocated at the site and from whom goods or services are34.32 purchased;34.33 (3) a mechanism to implement parental involvement programs34.34 under section 124D.895 and to provide for effective parental34.35 communication and feedback on this involvement at the site34.36 level;35.1 (4) a provision that would allow the team to determine who35.2 is hired into licensed and nonlicensed positions;35.3 (5) a provision that would allow teachers to choose the35.4 principal or other person having general control;35.5 (6) an amount of revenue allocated to the site under35.6 subdivision 3; and35.7 (7) any other powers and duties determined appropriate by35.8 the board.35.9 The school board of the district remains the legal employer35.10 under clauses (4) and (5).35.11 (e) Any powers or duties not delegated to the school site35.12 management team in the school site management agreement shall35.13 remain with the school board.35.14 (f) Approved agreements shall be filed with the35.15 commissioner. If a school board denies a request to enter into35.16 a school site management agreement, it shall provide a copy of35.17 the request and the reasons for its denial to the commissioner.35.18 Sec. 5. Minnesota Statutes 1998, section 123B.04, 35.19 subdivision 5, is amended to read: 35.20 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 35.21 children, families, and learning, in consultation with 35.22 appropriate educational organizations, shall :, 35.23 (1)upon request, provide technical support for districts 35.24 and sites with agreements under this section ;35.25 (2) conduct and compile research on the effectiveness of35.26 site decision making; and35.27 (3) periodically report on and evaluate the effectiveness35.28 of site management agreements on a statewide basis. 35.29 Sec. 6. Minnesota Statutes 1998, section 123B.09, 35.30 subdivision 8, is amended to read: 35.31 Subd. 8. [DUTIES.] The board must superintend and manage 35.32 the schools of the district; adopt rules for their organization, 35.33 government, and instruction; keep registers; and prescribe 35.34 textbooks and courses of study. The board may enter into an35.35 agreement with a post-secondary institution for secondary or35.36 post-secondary nonsectarian courses to be taught at a secondary36.1 school, nonsectarian post-secondary institution, or another36.2 location.36.3 Sec. 7. Minnesota Statutes 1998, section 123B.143, 36.4 subdivision 1, is amended to read: 36.5 Subdivision 1. [CONTRACT; DUTIES.] All districts 36.6 maintaining a classified secondary school must employ a 36.7 superintendent who shall be an ex officio nonvoting member of 36.8 the school board. The authority for selection and employment of 36.9 a superintendent must be vested in the board in all cases. An 36.10 individual employed by a board as a superintendent shall have an 36.11 initial employment contract for a period of time no longer than 36.12 three years from the date of employment. Any subsequent 36.13 employment contract must not exceed a period of three years. A 36.14 board, at its discretion, may or may not renew an employment 36.15 contract. A board must not, by action or inaction, extend the 36.16 duration of an existing employment contract. Beginning 365 days 36.17 prior to the expiration date of an existing employment contract, 36.18 a board may negotiate and enter into a subsequent employment 36.19 contract to take effect upon the expiration of the existing 36.20 contract. A subsequent contract must be contingent upon the 36.21 employee completing the terms of an existing contract. If a 36.22 contract between a board and a superintendent is terminated 36.23 prior to the date specified in the contract, the board may not 36.24 enter into another superintendent contract with that same 36.25 individual that has a term that extends beyond the date 36.26 specified in the terminated contract. A board may terminate a 36.27 superintendent during the term of an employment contract for any 36.28 of the grounds specified in section 122A.40, subdivision 9 or 13. 36.29 A superintendent shall not rely upon an employment contract with 36.30 a board to assert any other continuing contract rights in the 36.31 position of superintendent under section 122A.40. 36.32 Notwithstanding the provisions of sections 122A.40, subdivision 36.33 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 36.34 individual shall have a right to employment as a superintendent 36.35 based on order of employment in any district. If two or more 36.36 districts enter into an agreement for the purchase or sharing of 37.1 the services of a superintendent, the contracting districts have 37.2 the absolute right to select one of the individuals employed to 37.3 serve as superintendent in one of the contracting districts and 37.4 no individual has a right to employment as the superintendent to 37.5 provide all or part of the services based on order of employment 37.6 in a contracting district. The superintendent of a district 37.7 shall perform the following: 37.8 (1) visit and supervise the schools in the district, report37.9 and make recommendations about their condition when advisable or37.10 on request by the board;37.11 (2) recommend to the board employment and dismissal of37.12 teachers;37.13 (3) superintend school grading practices and examinations37.14 for promotions;37.15 (4)make reports required by the commissioner; 37.16 (5)(2) by January 10, submit an annual report to the 37.17 commissioner in a manner prescribed by the commissioner, in 37.18 consultation with school districts, identifying the expenditures 37.19 that the district requires to ensure an 80 percent and a 90 37.20 percent student passage rate on the basic standards test taken 37.21 in the eighth grade, identifying the amount of expenditures that 37.22 the district requires to ensure a 99 percent student passage 37.23 rate on the basic standards test by 12th grade, and how much the 37.24 district is cross-subsidizing programs with special education, 37.25 compensatory, and general education revenue; and 37.26 (6)(3) perform other duties prescribed by the board. 37.27 Sec. 8. Minnesota Statutes 1998, section 123B.147, as 37.28 amended by Laws 1998, chapter 398, article 5, section 55, is 37.29 amended to read: 37.30 123B.147 [PRINCIPALS.] 37.31 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 37.32 Each public school building, as defined by section 120A.05, 37.33 subdivisions 9, 11, and 13, in an independent district may be 37.34 under the supervision of a principal who is assigned to that 37.35 responsibility by the board of education in that district upon 37.36 the recommendation of the superintendent of schools of that 38.1 district. If pupils in kindergarten through grade 12 attend 38.2 school in one building, one principal, who holds either an 38.3 elementary or a secondary principal's license, may supervise the 38.4 building. 38.5 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 38.6 principal assigned the responsibilityresponsible for the38.7 supervision ofsupervising a school building shall hold a valid 38.8 license in the assigned position of supervision and 38.9 administration as established by the rules of the commissioner 38.10 of children, families, and learning. 38.11 Subd. 3. [PRINCIPALS' DUTIES.] The principal shall provide38.12 administrative, supervisory, and instructional leadership38.13 services, under the supervision of the superintendent of schools38.14 of the district and in accordance with the policies, rules, and38.15 regulations of the board of education, for the planning,38.16 management, operation, and evaluation of the education program38.17 of the building or buildings to which the principal is38.18 assignedperform administrative, supervisory, and instructional 38.19 duties as determined by the school district. 38.20 Sec. 9. Minnesota Statutes 1999 Supplement, section 38.21 123B.36, subdivision 1, is amended to read: 38.22 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 38.23 purposes of this subdivision, "home school" means a home school 38.24 as defined in sections 120A.22 and 120A.24 with five or fewer 38.25 students receiving instruction. 38.26 (b) A school board is authorized to require payment of fees 38.27 in the following areas: 38.28 (1) in any program where the resultant product, in excess 38.29 of minimum requirements and at the pupil's option, becomes the 38.30 personal property of the pupil; 38.31 (2) admission fees or charges for extra curricular 38.32 activities, where attendance is optional and where the admission 38.33 fees or charges a student must pay to attend or participate in 38.34 an extracurricular activity is the same for all students, 38.35 regardless of whether the student is enrolled in a public or a 38.36 home school; 39.1 (3) a security deposit for the return of materials, 39.2 supplies, or equipment; 39.3 (4) personal physical education and athletic equipment and 39.4 apparel, although any pupil may personally provide it if it 39.5 meets reasonable requirements and standards relating to health 39.6 and safety established by the board; 39.7 (5) items of personal use or products that a student has an 39.8 option to purchase such as student publications, class rings, 39.9 annuals, and graduation announcements; 39.10 (6) fees specifically permitted by any other statute, 39.11 including but not limited to section 171.05, subdivision 2; 39.12 provided (i) driver education fees do not exceed the actual cost 39.13 to the school and school district of providing driver education, 39.14 and (ii) the driver education courses are open to enrollment to 39.15 persons between the ages of 15 and 18 who reside or attend 39.16 school in the school district; 39.17 (7) field trips considered supplementary to a district 39.18 educational program; 39.19 (8) any authorized voluntary student health and accident 39.20 benefit plan; 39.21 (9) for the use of musical instruments owned or rented by 39.22 the district, a reasonable rental fee not to exceed either the 39.23 rental cost to the district or the annual depreciation plus the 39.24 actual annual maintenance cost for each instrument; 39.25 (10) transportation of pupils to and from extra curricular 39.26 activities conducted at locations other than school, where 39.27 attendance is optional; 39.28 (11) transportation of pupils to and from school for which 39.29 aid for fiscal year 1996 is not authorized under Minnesota 39.30 Statutes 1994, section 124.223, subdivision 1, and for which 39.31 levy for fiscal year 1996 is not authorized under Minnesota 39.32 Statutes 1994, section 124.226, subdivision 5, if a district 39.33 charging fees for transportation of pupils establishes 39.34 guidelines for that transportation to ensure that no pupil is 39.35 denied transportation solely because of inability to pay; 39.36 (12) motorcycle classroom education courses conducted 40.1 outside of regular school hours; provided the charge must not 40.2 exceed the actual cost of these courses to the school district; 40.3 (13) transportation to and from post-secondary institutions 40.4 for pupils enrolled under the post-secondary enrollment options 40.5 program under section 123B.88, subdivision 22. Fees collected 40.6 for this service must be reasonable and must be used to reduce 40.7 the cost of operating the route. Families who qualify for 40.8 mileage reimbursement under section 124D.09, subdivision 22, may 40.9 use their state mileage reimbursement to pay this fee. If no 40.10 fee is charged, districts must allocate costs based on the 40.11 number of pupils riding the route; and 40.12 (14) admission fees or charges to a part-time student over 40.13 age 21 attending a secondary school class or program other than 40.14 a student participating in the graduation incentives program 40.15 under section 124D.68 or a student receiving instruction under 40.16 section 125A.03. 40.17 Sec. 10. Minnesota Statutes 1999 Supplement, section 40.18 123B.43, is amended to read: 40.19 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 40.20 (a) The commissioner shall assure that textbooks and 40.21 individualized instructional materials loaned to nonpublic 40.22 school pupils are secular, neutral, nonideological and that they 40.23 are incapable of diversion for religious use. 40.24 (b) Textbooks and individualized instructional materials 40.25 must not be used in religious courses, devotional exercises, 40.26 religious training or any other religious activity. 40.27 (c) Textbooks and individualized instructional materials 40.28 must be loaned only to individual pupils upon the request of a 40.29 parent or guardian or the pupil on a form designated for this 40.30 use by the commissioner. The request forms shall provide for 40.31 verification by the parent or guardian or pupil that the 40.32 requested textbooks and individualized instructional materials 40.33 are for the use of the individual pupil in connection with a 40.34 program of instruction in the pupil's elementary or secondary 40.35 school. 40.36 (d) The servicing school district or the intermediary41.1 service area must take adequate measures to ensure an accurate41.2 and periodic inventory of all textbooks and individualized41.3 instructional materials loaned to elementary and secondary41.4 school pupils attending nonpublic schools. The commissioner of41.5 children, families, and learning shall promulgate rules under41.6 the provisions of chapter 14 to terminate the eligibility of any41.7 nonpublic school pupil if the commissioner determines, after41.8 notice and opportunity for hearing, that the textbooks or41.9 individualized instructional materials have been used in a41.10 manner contrary to the provisions of section 123B.41,41.11 subdivision 5, 123B.42, or this section or any rules promulgated41.12 by the commissioner of children, families, and learning.41.13 (e) Nothing contained in section 123B.41, subdivision 5,41.14 123B.42, or this section shall be construed to authorize the41.15 making of any payments to a nonpublic school or its faculty,41.16 staff or administrators for religious worship or instruction or41.17 for any other purpose.41.18 Sec. 11. Minnesota Statutes 1999 Supplement, section 41.19 123B.445, is amended to read: 41.20 123B.445 [NONPUBLIC EDUCATION COUNCIL.] 41.21 (a) The commissioner shall appoint a 15-member council on 41.22 nonpublic education, with the advice and consent of the senate. 41.23 The 15 members shall represent various areas of the state, 41.24 represent various methods of providing nonpublic education, and 41.25 shall be knowledgeable about nonpublic education. The 41.26 compensation, removal of members, filling of vacancies, and 41.27 terms are governed by section 15.0575. The council shall not 41.28 expire. The council shall advise the commissioner on issues 41.29 affecting nonpublic education and nonpublic schools. The 41.30 council may recognize educational accrediting agencies, for the 41.31 sole purpose of sections 120A.22, 120A.24, and 120A.26. 41.32 (b) A parent or guardian of a nonpublic school pupil or a 41.33 nonpublic school may file a complaint about services provided 41.34 under sections 123B.40 to 123B.42, and 123B.44 to 123B.48 with 41.35 the nonpublic education council. The council may review the 41.36 complaint and make a recommendation for resolution to the 42.1 commissioner. 42.2 Sec. 12. Minnesota Statutes 1998, section 123B.49, 42.3 subdivision 1, is amended to read: 42.4 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 42.5 Whenever it appears to be beneficial and for the best interest42.6 of the district and the pupils of the district to carry on any42.7 school sport activities or educational activities connected with42.8 their studies outside of the territorial limits of the district,42.9 The board may authorize suchactivities to beconducted outside 42.10 of the territorial limits of the district under such rules and 42.11 regulations as the board deems sufficient. The district may pay 42.12 all necessary costs therefor including transportation from the 42.13 district funds available. 42.14 Sec. 13. Minnesota Statutes 1999 Supplement, section 42.15 123B.49, subdivision 4, is amended to read: 42.16 Subd. 4. [BOARD CONTROLAUTHORIZATION OF EXTRACURRICULAR 42.17 ACTIVITIES.] (a) The board may take charge of and control42.18 authorize all extracurricular activities of the teachers and 42.19 children of the public schools in the district. Extracurricular 42.20 activities means all direct and personal services for pupils for 42.21 their enjoyment that are managed and operated under the guidance 42.22 of an adult or staff member. The board shall allow all resident 42.23 pupils receiving instruction in a home school as defined in 42.24 section 123B.36, subdivision 1, paragraph (a), to be eligible to 42.25 fully participate in extracurricular activities on the same 42.26 basis as public school students. 42.27 (b) Extracurricular activities have all of the following 42.28 characteristics: 42.29 (1) they are not offered for school credit nor required for 42.30 graduation; 42.31 (2) they are generally conducted outside school hours, or 42.32 if partly during school hours, at times agreed by the 42.33 participants, and approved by school authorities; 42.34 (3) the content of the activities is determined primarily 42.35 by the pupil participants under the guidance of a staff member 42.36 or other adult. 43.1 (c) If the board does not take charge of and control43.2 authorize extracurricular activities, these activities shall be 43.3 self-sustaining with all expenses, except direct salary costs 43.4 and indirect costs of the use of school facilities, met by dues, 43.5 admissions, or other student fundraising events. The general 43.6 fund must reflect only those salaries directly related to and 43.7 readily identified with the activity and paid by public funds. 43.8 Other revenues and expenditures for extra curricular activities 43.9 must be recorded according to the "Manual of Instruction for 43.10 Uniform Student Activities Accounting for Minnesota School 43.11 Districts and Area Vocational-Technical Colleges." 43.12 Extracurricular activities not under board control must have an 43.13 annual financial audit and must also be audited annually for 43.14 compliance with this section. 43.15 (d) If the board takes charge of and controlsauthorizes 43.16 extracurricular activities, any or all costs of these activities 43.17 may be provided from school revenues and all revenues and 43.18 expenditures for these activities shall be recorded in the same 43.19 manner as other revenues and expenditures of the district. 43.20 (e) If the board takes charge of and controlsauthorizes 43.21 extracurricular activities, the teachers or pupils in the 43.22 district must not participate in such activity, nor shall the 43.23 school name or any allied name be used in connection therewith, 43.24 except by consent and direction of the board. 43.25 Sec. 14. Minnesota Statutes 1998, section 123B.51, 43.26 subdivision 1, is amended to read: 43.27 Subdivision 1. [SITES.] According to section 126C.40, 43.28 subdivision 1, or 465.71, when funds are available, the board 43.29 may locate and acquire necessary sites of schoolhousesschools 43.30 or enlargements, or additions to existing schoolhouse sites43.31 schools by lease, purchase or condemnation under the right of 43.32 eminent domain; it may erect schoolhousesschools on the sites; 43.33 it may erect or purchase garages for district-owned school 43.34 buses. When property is taken by eminent domain by authority of 43.35 this subdivision when needed by the district for such purposes, 43.36 the fact that the property has been acquired by the owner under 44.1 the power of eminent domain or is already devoted to public use, 44.2 shall not prevent its acquisition by the district. The board 44.3 may sell or exchange schoolhousesschools or sites, and execute 44.4 deeds of conveyance thereof. 44.5 Sec. 15. Minnesota Statutes 1998, section 123B.51, 44.6 subdivision 5, is amended to read: 44.7 Subd. 5. [ SCHOOLHOUSESCHOOL CLOSING.] The board may close 44.8 a schoolhouseschool only after a public hearing on the question 44.9 of the necessity and practicability of the proposed closing. 44.10 Published notice of the hearing shall be given for two weeks in 44.11 the official newspaper of the district. The time and place of 44.12 the meeting, the description and location of the schoolhouse44.13 school, and a statement of the reasons for the closing must be 44.14 specified in the notice. Parties requesting to give testimony 44.15 for and against the proposal shall be heard by the board before 44.16 it makes a final decision to close or not to close 44.17 the schoolhouseschool. 44.18 Sec. 16. Minnesota Statutes 1999 Supplement, section 44.19 123B.73, subdivision 1, is amended to read: 44.20 Subdivision 1. [INSPECTION.] The commissioner and the44.21 state fire marshal shall develop a plan to inspect once every44.22 three years every public school facility used for educational44.23 purposesshall contract with the fire marshal to conduct fire 44.24 safety inspections of all school buildings. Each school 44.25 facility shall be inspected once every three years or more 44.26 frequently at the request of the school district or the 44.27 commissioner. Inspections must begin during the 1990-199144.28 school year. The plan must provide for continued inspection by44.29 local units of government of public school facilities that have44.30 been inspected by a local unit of government between January 1,44.31 1987, and January 1, 1990, and may provide for inspections by44.32 local units of government in other situations. Each inspection44.33 report must be filed with the commissioner, the local school44.34 board, and the state fire marshal. Notwithstanding section44.35 299F.011, subdivisions 5a and 5b, a variance from the code must44.36 be approved by the state fire marshal before taking effect. The45.1 commissioner may request that the state fire marshal inspect a45.2 particular school facility.45.3 Sec. 17. Minnesota Statutes 1998, section 123B.83, 45.4 subdivision 1, is amended to read: 45.5 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 45.6 Beginning in fiscal year 1978 and in each year thereafter,A 45.7 district which had statutory operating debt on June 30, 1977 45.8 pursuant to section 126C.42 must limit its expenditures in each 45.9 fiscal year so that the amount of its statutory operating debt 45.10 calculated at the end of that fiscal year is not greater than 45.11 the amount of the district's statutory operating debt as of June 45.12 30, 1977, as certified and adjusted by the commissioner, 45.13 increased by an amount equal to 2-1/2 percent of that district's 45.14 operating expenditures for the fiscal year for which the 45.15 statutory operating debt calculation is being made. 45.16 (b) When a district is no longer required to levy pursuant 45.17 to section 126C.42, subdivision 1, subdivision 2 is applicable. 45.18 Sec. 18. Minnesota Statutes 1998, section 123B.90, 45.19 subdivision 1, is amended to read: 45.20 Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The third week of 45.21 school is designated as school bus safety week. 45.22 A school board may designate one day of school bus safety45.23 week as school bus driver day.45.24 Sec. 19. Minnesota Statutes 1999 Supplement, section 45.25 123B.90, subdivision 2, is amended to read: 45.26 Subd. 2. [STUDENT TRAINING.] (a) Each district must 45.27 provide public school pupils enrolled in grades kindergarten 45.28 through 10 with age-appropriate school bus safety training. The 45.29 training must be results-oriented and shall consist of both 45.30 classroom instruction and practical training using a school 45.31 bus. Upon completing the training, a student shall be able to 45.32 demonstrate knowledge and understanding of at least the 45.33 following competencies and concepts: 45.34 (1) transportation by school bus is a privilege and not a 45.35 right; 45.36 (2) district policies for student conduct and school bus 46.1 safety; 46.2 (3) appropriate conduct while on the school bus; 46.3 (4) the danger zones surrounding a school bus; 46.4 (5) procedures for safely boarding and leaving a school 46.5 bus; 46.6 (6) procedures for safe street or road crossing; 46.7 (7) school bus evacuation and other emergency procedures; 46.8 and 46.9 (8) appropriate training on the use of lap belts or lap and 46.10 shoulder belts, if the district uses buses equipped with lap 46.11 belts or lap and shoulder belts. 46.12 (b) Each nonpublic school located within the district must 46.13 provide all nonpublic school pupils enrolled in grades 46.14 kindergarten through 10 who are transported by school bus at 46.15 public expense and attend school within the district's 46.16 boundaries with training as required in paragraph (a). The 46.17 school district shall make a bus available for the practical 46.18 training if the district transports the nonpublic students. 46.19 Each nonpublic school shall provide the instruction. 46.20 (c) All students enrolled in grades kindergarten through 346.21 who are transported by school bus and are enrolled during the46.22 first or second week of school must demonstrate achievement of46.23 the school bus safety training competencies by the end of the46.24 third week of school. All students enrolled in grades 4 through46.25 10 who are transported by school bus and are enrolled during the46.26 first or second week of school must demonstrate achievement of46.27 the competencies by the end of the sixth week of school.46.28 Students enrolled in grades kindergarten through 10 who enroll46.29 in a school after the second week of school and are transported46.30 by school bus shall undergo school bus safety training and46.31 demonstrate achievement of the school bus safety competencies46.32 within four weeks of the first day of attendance. The pupil46.33 transportation safety director in each district must certify to46.34 the commissioner annually that all students transported by46.35 school bus within the district have satisfactorily demonstrated46.36 knowledge and understanding of the school bus safety47.1 competencies according to this section or provide an explanation47.2 for a student's failure to demonstrate the competencies. The47.3 principal or other chief administrator of each nonpublic school47.4 must certify annually to the public transportation safety47.5 director of the district in which the school is located that all47.6 of the school's students transported by school bus at public47.7 expense have received training. A district may deny47.8 transportation to a student who fails to demonstrate the47.9 competencies, unless the student is unable to achieve the47.10 competencies due to a disability, or to a student who attends a47.11 nonpublic school that fails to provide training as required by47.12 this subdivision.47.13 (d) A district and a nonpublic school with students47.14 transported by school bus at public expense must, to the extent47.15 possible, provide kindergarten pupils with bus safety training47.16 before the first day of school.47.17 (e)A district and a nonpublic school with students 47.18 transported by school bus at public expense must also provide 47.19 student safety education for bicycling and pedestrian safety, 47.20 for students enrolled in grades kindergarten through 5. 47.21 (f)(d) A district and a nonpublic school with students 47.22 transported by school bus at public expense must make reasonable 47.23 accommodations for the school bus, bicycle, and pedestrian 47.24 safety training of pupils known to speak English as a second 47.25 language and pupils with disabilities. 47.26 Sec. 20. Minnesota Statutes 1999 Supplement, section 47.27 123B.91, subdivision 1, is amended to read: 47.28 Subdivision 1. [COMPREHENSIVE POLICY.] Each district must 47.29 develop and implement a comprehensive, written policy governing 47.30 pupil transportation safety, including transportation of 47.31 nonpublic school students, when applicable. The policy shall, 47.32 at minimum, contain: 47.33 (1) provisions for appropriate student bus safety training 47.34 under section 123B.90; 47.35 (2) rules governing student conduct on school buses and in 47.36 school bus loading and unloading areas; 48.1 (3) a statement of parent or guardian responsibilities 48.2 relating to school bus safety; 48.3 (4) provisions for notifying students and parents or 48.4 guardians of their responsibilities and the rules, including the 48.5 district's seat belt policy, if applicable; 48.6 (5) an intradistrict system for reporting school bus 48.7 accidents or misconduct and a system for dealing with local law 48.8 enforcement officials in cases of criminal conduct on a school 48.9 bus; 48.10 (6) a discipline policy to address violations of school bus 48.11 safety rules, including procedures for revoking a student's bus 48.12 riding privileges in cases of serious or repeated misconduct; 48.13 (7) a system for integrating school bus misconduct records 48.14 with other discipline records; 48.15 (8) a statement of bus driver duties; 48.16 (9) planned expenditures for safety activities under 48.17 section 123B.89 and, where applicable, provisions governing bus 48.18 monitor qualifications, training, and duties; 48.19 (10) rules governing the use and maintenance of type III 48.20 vehicles, drivers of type III vehicles, qualifications to drive 48.21 a type III vehicle, qualifications for a type III vehicle and 48.22 the circumstances under which a student may be transported in a 48.23 type III vehicle; 48.24 (11) operating rules and procedures; 48.25 (12) provisions for annual bus driver in-service training 48.26 and evaluation; 48.27 (13) emergency procedures; 48.28 (14) a system for maintaining and inspecting equipment; 48.29 (15) requirements of the school district, if any, that 48.30 exceed state law minimum requirements for school bus operations; 48.31 and 48.32 (16) requirements for basic first aid training, which must 48.33 include the Heimlich maneuver and procedures for dealing with 48.34 obstructed airways, shock, bleeding, and seizures. 48.35 Districts are encouraged to use the model policy developed48.36 by the Minnesota school boards association, the department of49.1 public safety, and the department of children, families, and49.2 learning, as well as the current edition of the "National49.3 Standards for School Buses and Operations" published by the49.4 National Safety Council, in developing safety policies.Each 49.5 district shall review its policy annually and make appropriate 49.6 amendments, which must be submitted to the school bus safety 49.7 advisory committee within one month of approval by the school 49.8 board. 49.9 Sec. 21. [REPEALER.] 49.10 (a) Minnesota Statutes 1998, sections 123B.02, subdivisions 49.11 5, 6, 10, 11, 13, and 16; 123B.04, subdivision 4; 123B.11; 49.12 123B.147, subdivisions 1 and 3; 123B.15; 123B.16; 123B.17; 49.13 123B.18; 123B.19; 123B.40; 123B.49, subdivisions 2 and 3; 49.14 123B.51, subdivisions 2, 3, and 4; 123B.744; 123B.84; 123B.87; 49.15 123B.88, subdivisions 11, 13, 18, 20, and 22; 123B.93; and 49.16 123B.95, subdivision 3, are repealed. 49.17 (b) Minnesota Statutes 1999 Supplement, sections 123B.02, 49.18 subdivision 9; and 123B.88, subdivisions 12 and 21, are repealed. 49.19 ARTICLE 7 49.20 EDUCATION PROGRAMS 49.21 Section 1. Minnesota Statutes 1998, section 124D.02, 49.22 subdivision 1, is amended to read: 49.23 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The board may49.24 establish and maintain one or more kindergartens for the49.25 instruction of children and after July 1, 1974, shall provide49.26 must make kindergarten instruction available for all eligible 49.27 children, either in the district or in another district. All49.28 children to be eligibleEligibility for kindergarten must be at49.29 least five years of age on September 1 of the calendar year in49.30 which the school year commences. In addition all children49.31 selected under an early admissions policy established by the49.32 school board may be admitted. Nothing in this section shall49.33 prohibit a school district from establishing head start,49.34 prekindergarten, or nursery school classes for children below49.35 kindergarten agedetermined according to section 120A.20, 49.36 subdivision 1. Any school board with evidence that providing 50.1 kindergarten will cause an extraordinary hardship on the school 50.2 district may apply to the commissioner of children, families, 50.3 and learning for an exception. 50.4 Sec. 2. Minnesota Statutes 1998, section 124D.03, 50.5 subdivision 3, is amended to read: 50.6 Subd. 3. [PUPIL APPLICATION PROCEDURES.] In order that a 50.7 pupil may attend a school or program in a nonresident district, 50.8 the pupil's parent or guardian must submit an application to the 50.9 nonresident district. Before submitting an application, the50.10 pupil and the pupil's parent or guardian must explore with a50.11 school guidance counselor, or other appropriate staff member50.12 employed by the district the pupil is currently attending, the50.13 pupil's academic or other reason for applying to enroll in a50.14 nonresident district. The pupil's application must identify the50.15 reason for enrolling in the nonresident district.The parent or 50.16 guardian of a pupil must submit an application by January50.17 15June 1 for initial enrollment beginning the following school 50.18 year. The application must be on a form provided by the 50.19 department of children, families, and learning. A particular 50.20 school or program may be requested by the parent. Once enrolled 50.21 in a nonresident district, the pupil may remain enrolled and is 50.22 not required to submit annual or periodic applications. To 50.23 return to the resident district or to transfer to a different 50.24 nonresident district, the parent or guardian of the pupil must 50.25 provide notice to the resident district or apply to a different 50.26 nonresident district by January 15June 1 for enrollment 50.27 beginning the following school year. Each district must accept 50.28 or reject an application it receives and notify the parent or 50.29 guardian in writing within 30 calendar days of receiving the 50.30 application. A notification of acceptance must include the date 50.31 enrollment can begin. Within ten days of receiving the 50.32 notification from the nonresident district, the parent or 50.33 guardian must inform the nonresident district whether the pupil 50.34 intends to enroll in the nonresident district. 50.35 Sec. 3. Minnesota Statutes 1998, section 124D.09, 50.36 subdivision 5, is amended to read: 51.1 Subd. 5. [AUTHORIZATION; NOTIFICATION.] Notwithstanding51.2 any other law to the contrary,An 11th or 12th grade pupil 51.3 enrolled in a school or an American Indian-controlled tribal 51.4 contract or grant school eligible for aid under section 124D.83, 51.5 except a foreign exchange pupil enrolled in a district under a 51.6 cultural exchange program, may apply to an eligible institution, 51.7 as defined in subdivision 3, to enroll in nonsectarian courses 51.8 offered by that post-secondary institution. If an institution 51.9 accepts a secondary pupil for enrollment under this section, the 51.10 institution shall send written notice to the pupil, the pupil's 51.11 school or school district, and the commissioner within ten days 51.12 of acceptance. The notice must indicate the course and hours of 51.13 enrollment of that pupil. If the pupil enrolls in a course for 51.14 post-secondary credit, the institution must notify the pupil 51.15 about payment in the customary manner used by the institution. 51.16 Sec. 4. Minnesota Statutes 1998, section 124D.09, 51.17 subdivision 6, is amended to read: 51.18 Subd. 6. [ COUNSELINGPARENTAL CONSENT.] To the extent51.19 possible, the school or school district must provide counseling51.20 services to pupils and their parents or guardian before the51.21 pupils enroll in courses under this section to ensure that the51.22 pupils and their parents or guardian are fully aware of the51.23 risks and possible consequences of enrolling in post-secondary51.24 courses. The school or school district must provide information51.25 on the program including who may enroll, what institutions and51.26 courses are eligible for participation, the decision-making51.27 process for granting academic credits, financial arrangements51.28 for tuition, books and materials, eligibility criteria for51.29 transportation aid, available support services, the need to51.30 arrange an appropriate schedule, consequences of failing or not51.31 completing a course in which the pupil enrolls, the effect of51.32 enrolling in this program on the pupil's ability to complete the51.33 required high school graduation requirements, and the academic51.34 and social responsibilities that must be assumed by the pupils51.35 and their parents or guardian. The person providing counseling51.36 shall encourage pupils and their parents or guardian to also use52.1 available counseling services at the post-secondary institutions52.2 before the quarter or semester of enrollment to ensure that52.3 anticipated plans are appropriate.52.4 Prior to enrolling in a course, the pupil and the pupil's 52.5 parents or guardian must sign a form that must be provided by 52.6 the school or school district and may be obtained from a 52.7 post-secondary institution stating that they have received the52.8 information specified in this subdivision andthat they 52.9 understand the responsibilities that must be assumed in 52.10 enrolling in this program. The department must, upon request, 52.11 provide technical assistance to a school or school district in 52.12 developing appropriate forms and counseling guidelines. 52.13 Sec. 5. Minnesota Statutes 1998, section 124D.09, 52.14 subdivision 7, is amended to read: 52.15 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 52.16 INTENT TO ENROLL.] By March 1 of each year,A district must 52.17 adopt policies for deadlines and provide general information 52.18 about the program to all pupils in grades 10 and 11. To assist52.19 the district in planning, a pupil shall inform the district by52.20 March 30 of each year of the pupil's intent to enroll in52.21 post-secondary courses during the following school year. A52.22 pupil is not bound by notifying or not notifying the district by52.23 March 30.52.24 Sec. 6. Minnesota Statutes 1998, section 124D.09, 52.25 subdivision 12, is amended to read: 52.26 Subd. 12. [CREDITS.] A pupil may enroll in a course under 52.27 this section for either secondary credit or post-secondary 52.28 credit. At the time a pupil enrolls in a course, the pupil 52.29 shall designate whether the course is for secondary or 52.30 post-secondary credit. A pupil taking several courses may 52.31 designate some for secondary credit and some for post-secondary 52.32 credit. A pupil must not audit a course under this section. 52.33 A district shall grant academic credit to a pupil enrolled 52.34 in a course for secondary credit if the pupil successfully 52.35 completes the course. Seven quarter or four semester college52.36 credits equal at least one full year of high school credit.53.1 Fewer college credits may be prorated. A district must also53.2 grant academic credit to a pupil enrolled in a course for53.3 post-secondary credit if secondary credit is requested by a53.4 pupil. If no comparable course is offered by the district, the53.5 district must, as soon as possible, notify the commissioner, who53.6 shall determine the number of credits that shall be granted to a53.7 pupil who successfully completes a course. If a comparable53.8 course is offered by the district, the school board shall grant53.9 a comparable number of credits to the pupil. If there is a53.10 dispute between the district and the pupil regarding the number53.11 of credits granted for a particular course, the pupil may appeal53.12 the board's decision to the commissioner. The commissioner's53.13 decision regarding the number of credits shall be final.53.14 The secondary credits granted to a pupil must be counted 53.15 toward the graduation requirements and subject area requirements 53.16 of the district. Evidence of successful completion of each53.17 course and secondary credits granted must be included in the53.18 pupil's secondary school record. A pupil shall provide the53.19 school with a copy of the pupil's grade in each course taken for53.20 secondary credit under this section. Upon the request of a53.21 pupil, the pupil's secondary school record must also include53.22 evidence of successful completion and credits granted for a53.23 course taken for post-secondary credit. In either case, the53.24 record must indicate that the credits were earned at a53.25 post-secondary institution.53.26 If a pupil enrolls in a post-secondary institution after53.27 leaving secondary school, the post-secondary institution must53.28 award post-secondary credit for any course successfully53.29 completed for secondary credit at that institution. Other53.30 post-secondary institutions may award, after a pupil leaves53.31 secondary school, post-secondary credit for any courses53.32 successfully completed under this section. An institution may53.33 not charge a pupil for the award of credit.53.34 Sec. 7. Minnesota Statutes 1998, section 124D.10, 53.35 subdivision 1, is amended to read: 53.36 Subdivision 1. [ PURPOSESEXPECTED OUTCOMES.] (a) 54.1 The purpose of this section isexpected outcomes of a charter 54.2 school are to: 54.3 (1) improve pupil learning; 54.4 (2) increase learning opportunities for pupils; 54.5 (3) encourage the use of different and innovative teaching 54.6 methods; 54.7 (4) require the measurement of learning outcomes and create 54.8 different and innovative forms of measuring outcomes; 54.9 (5) establish new forms of accountability for schools; or 54.10 (6) create new professional opportunities for teachers, 54.11 including the opportunity to be responsible for the learning 54.12 program at the school site. 54.13 (b) This section does not provide a means to keep open a 54.14 school that otherwise would be closed. Applicants in these 54.15 circumstances bear the burden of proving that conversion to a 54.16 charter school fulfills a purpose specified in this subdivision, 54.17 independent of the school's closing. 54.18 Sec. 8. Minnesota Statutes 1999 Supplement, section 54.19 124D.10, subdivision 6, is amended to read: 54.20 Subd. 6. [CONTRACT.] The sponsor's authorization for a 54.21 charter school must be in the form of a written contract signed 54.22 by the sponsor and the board of directors of the charter 54.23 school. The contract must be completed within 90 days of the 54.24 commissioner's approval of the sponsor's proposed authorization. 54.25 The contract for a charter school must be in writing and contain 54.26 at least the following: 54.27 (1) a description of a program that carries out one or more 54.28 of the purposesexpected outcomes in subdivision 1; 54.29 (2) specific outcomes pupils are to achieve under 54.30 subdivision 10; 54.31 (3) admission policies and procedures; 54.32 (4) management and administration of the school; 54.33 (5) requirements and procedures for program and financial 54.34 audits; 54.35 (6) how the school will comply with subdivisions 8, 13, 16, 54.36 and 23; 55.1 (7) assumption of liability by the charter school; 55.2 (8) types and amounts of insurance coverage to be obtained 55.3 by the charter school; 55.4 (9) the term of the contract, which may be up to three 55.5 years; and 55.6 (10) if the board of directors or the operators of the 55.7 charter school provide special instruction and services for 55.8 children with a disability under sections 125A.03 to 125A.24, 55.9 and 125A.65, a description of the financial parameters within 55.10 which the charter school will operate to provide the special 55.11 instruction and services to children with a disability. 55.12 Sec. 9. Minnesota Statutes 1999 Supplement, section 55.13 124D.10, subdivision 15, is amended to read: 55.14 Subd. 15. [REVIEW AND COMMENT.] The department must review 55.15 and comment on the evaluation, by the chartering school 55.16 district, of the performance of a charter school before the 55.17 charter school's contract is renewed. The information from the55.18 review and comment shall be reported to the commissioner of55.19 children, families, and learning in a timely manner.55.20 Periodically, the commissioner shall report trends or55.21 suggestions based on the evaluation of charter school contracts55.22 to the education committees of the state legislature.55.23 Sec. 10. Minnesota Statutes 1998, section 124D.10, 55.24 subdivision 19, is amended to read: 55.25 Subd. 19. [ DISSEMINATEAVAILABLE INFORMATION.] The 55.26 sponsor, the operators, and thedepartment of children, 55.27 families, and learning must disseminatemake information 55.28 available to the public on how to form and operate a charter 55.29 school and how to utilize the offerings of a charter school. 55.30 Particular groups to be targeted include low-income families and 55.31 communities, and students of color. 55.32 Sec. 11. Minnesota Statutes 1998, section 124D.115, 55.33 subdivision 3, is amended to read: 55.34 Subd. 3. [PROGRAM REIMBURSEMENT.] (a) State funds are55.35 provided to reimburse school breakfasts.Each school year, the 55.36 state must reimburse schools in the amount of 5.1 cents for each 56.1 fully paid breakfast and for each free and reduced price 56.2 breakfast not eligible for the "severe need" rate. 56.3 (b) In addition to paragraph (a), each school year the 56.4 state must reimburse schools 10.5 cents for each free and 56.5 reduced price breakfast not eligible for the "severe need" rate 56.6 if between 33 and 40 percent of the school lunches served during 56.7 the second preceding school year were served free or at a 56.8 reduced price. 56.9 Sec. 12. Minnesota Statutes 1998, section 124D.118, 56.10 subdivision 2, is amended to read: 56.11 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.] Each56.12 district in the state is encouraged to participate in the56.13 state-supported school milk program for kindergartners.56.14 Participating districts must provide one serving of milk on each 56.15 school day to each kindergarten student attending a public or 56.16 nonpublic school in the district. No student is required to56.17 accept the milk that is provided by the district.The program 56.18 must be promoted and operated under the direction of the 56.19 commissioner or the commissioner's designee. 56.20 Sec. 13. Minnesota Statutes 1998, section 124D.118, 56.21 subdivision 3, is amended to read: 56.22 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 56.23 (a) The commissioner shall: 56.24 (1) encourage all districts to participate in the school56.25 milk program for kindergartners;56.26 (2) preparemaintain program guidelines , not subject to56.27 chapter 14 until July 1, 1998,which will effectively and 56.28 efficiently distribute appropriated and donated money to 56.29 participating districts; and 56.30 (3)(2) seek donations and matching funds from appropriate 56.31 private and public sources. 56.32 (b) Program guidelines may provide for disbursement to 56.33 districts through a mechanism of prepayments or by reimbursement 56.34 for approved program expenses. 56.35 Sec. 14. Minnesota Statutes 1998, section 124D.28, 56.36 subdivision 1, is amended to read: 57.1 Subdivision 1. [ MANDATORY COMPONENTSEXPECTATIONS.] The 57.2 expected outcomes of a family connections program must include: 57.3 (1) participation by a designateddesignation of an 57.4 individual as a career teacher, principal-teacher, or counselor 57.5 teacher; 57.6 (2) an increased emphasis on each individual child's unique 57.7 learning and development needs beginning with early childhood 57.8 family education; 57.9 (3) procedures to give the career teacher a major57.10 responsibility for leadership of the instructional and57.11 noninstructional activities of each child beginning with early57.12 childhood family education;57.13 (4) procedures to involveincreased involvement of parents 57.14 in the learning and development experiences of their 57.15 children; and 57.16 (5) procedures to implement outcome based education by57.17 focusing on the needs of the learner;57.18 (6) procedures to coordinate and integrate(4) increased 57.19 involvement of the instructional program with all community 57.20 education programs ;57.21 (7) procedures to concentrate career teacher programs at57.22 sites that provide early childhood family education and57.23 subsequent learning and development programs; and57.24 (8) procedures for the district to fund the program. 57.25 Sec. 15. Minnesota Statutes 1998, section 124D.29, is 57.26 amended by adding a subdivision to read: 57.27 Subd. 6. [DISTRICT COMPONENTS.] The school board and the 57.28 exclusive bargaining representative of the teachers that has a 57.29 family connections program shall negotiate: 57.30 (1) staff to student ratios; 57.31 (2) procedures for teachers, principals, and counselors to 57.32 apply for and renew the position of career teacher, 57.33 principal-teacher, or counselor teacher; and 57.34 (3) the duties of the career teacher, principal-teacher, or 57.35 counselor teacher. 57.36 Sec. 16. Minnesota Statutes 1998, section 124D.30, 58.1 subdivision 3, is amended to read: 58.2 Subd. 3. [COMMISSIONER APPROVAL.] The commissioner may58.3 shall approve plans and applications for districts throughout 58.4 the state for family connections aid. The commissioner shall 58.5 establish application procedures and deadlines. 58.6 Sec. 17. Minnesota Statutes 1998, section 124D.34, 58.7 subdivision 4, is amended to read: 58.8 Subd. 4. [FOUNDATION PROGRAMS AND DUTIES.] The foundation 58.9 shall advance applied leadership and intracurricular vocational 58.10 learning experiences for students. These may include, but are58.11 not limited to:58.12 (1) recognition programs and awards for students58.13 demonstrating excellence in applied leadership;58.14 (2) summer programs for student leadership, career58.15 development, applied academics, and mentorship programs with58.16 business and industry;58.17 (3) recognition programs for teachers, administrators, and58.18 others who make outstanding contributions to school-to-work58.19 programs;58.20 (4) outreach programs to increase the involvement of urban58.21 and suburban students;58.22 (5) organized challenges requiring cooperation and58.23 competition for secondary and post-secondary students;58.24 (6) assistance and training to community teams to increase58.25 career awareness and empowerment of youth as community leaders;58.26 and58.27 (7) assessment and activities in order to plan for and58.28 implement continuous improvement.58.29 To the extent possible, the foundation shall make these58.30 programs available to students in all parts of the state.The 58.31 foundation may receive public and private money, grants, and 58.32 in-kind services and goods from nonstate sources without 58.33 complying with section 7.09, subdivision 1. 58.34 Sec. 18. Minnesota Statutes 1998, section 124D.35, is 58.35 amended to read: 58.36 124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 59.1 The commissioner shall establishA youth entrepreneurship 59.2 education program to improve the academic and entrepreneurial59.3 skills of students and aid in their transition from school to59.4 business creation. The programshall strengthen local economies 59.5 by creating jobs that enable citizens to remain in their 59.6 communities and to foster cooperation among educators, economic 59.7 development professionals, business leaders, and representatives 59.8 of labor. Assistance under this section shall be available to 59.9 new or existing student-operated or school-operated businesses 59.10 that have an educational purpose, and provide service or 59.11 products for customers or clients who do not attend or work at 59.12 the sponsoring school. The commissioner may require an equal 59.13 local match for assistance under this section up to the maximum 59.14 grant amount of $20,000. 59.15 Sec. 19. Minnesota Statutes 1998, section 124D.37, is 59.16 amended to read: 59.17 124D.37 [ PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 59.18 WORKS ACT.] 59.19 The purposesexpected outcomes of sections 124D.37 to 59.20 124D.45 are to: 59.21 (1) renew the ethic ofpromote civic responsibility in 59.22 Minnesota; 59.23 (2) empower youth toimprove their life opportunities59.24 throughyouth literacy, job placement, and other essential life 59.25 skills; 59.26 (3) empower governmentimprove government's to meet its59.27 responsibility to prepare young people to be contributing 59.28 members of society; 59.29 (4) help meet humancivic, educational, environmental, and 59.30 public safety needs, particularly those needs relating to 59.31 poverty; 59.32 (5) prepare a citizenry that is academically competent,59.33 ready for work, and socially responsible;59.34 (6)demonstrate the connection between youth and meaningful 59.35 community service, community service and education, and59.36 education and meaningful opportunities in the business60.1 community;60.2 (7) demonstrate the connection between providing60.3 opportunities for at-risk youth and reducing crime rates and the60.4 social costs of troubled youthactivities; 60.5 (8)(6) create linkages for a comprehensive youth service 60.6 and learning program in Minnesota including school age programs,60.7 higher education programs, youth work programs, and service60.8 corps programs; and 60.9 (9)(7) coordinate federal and state activities that 60.10 advance the purposes in this section. 60.11 Sec. 20. Minnesota Statutes 1998, section 124D.40, 60.12 subdivision 2, is amended to read: 60.13 Subd. 2. [GRANT AUTHORITY.] The commission and, beginning60.14 January 1, 1997, the councilmust use any state appropriation 60.15 and any available federal funds, including any grant received 60.16 under federal law, to award grants to establish programs for 60.17 youth works meeting the requirements of section 124D.41. At 60.18 least one grant each must be available for a metropolitan 60.19 proposal, a rural proposal, and a statewide proposal. If a 60.20 portion of the suburban metropolitan area is not included in the 60.21 metropolitan grant proposal, the statewide grant proposal must 60.22 incorporate at least one suburban metropolitan area. In60.23 awarding grants, the commission and, beginning January 1, 1997,60.24 the council may select at least one residential proposal and one60.25 nonresidential proposal, provided the proposals meet or exceed60.26 the criteria in section 124D.41.60.27 Sec. 21. Minnesota Statutes 1998, section 124D.41, is 60.28 amended to read: 60.29 124D.41 [GRANT APPLICATIONS.] 60.30 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 60.31 seeking federal or state grant money under sections 124D.39 to 60.32 124D.44 shall prepare and submit to the commission and,60.33 beginning January 1, 1997, the councilan application that meets 60.34 the requirements of this sectiondeveloped by the commission. 60.35 The commission and, beginning January 1, 1997, the councilmust 60.36 develop , and the applying organizations must comply with, the61.1 form and manner of the applicationrequirements that meet the 61.2 expected outcomes in section 124D.37. 61.3 Subd. 2. [APPLICATION CONTENT.] An applicant on its 61.4 application must :describe how it intends to meet the expected 61.5 outcomes in section 124D.37. 61.6 (1) propose a program to provide participants the61.7 opportunity to perform community service to meet specific unmet61.8 community needs, and participate in classroom, work-based, and61.9 service-learning;61.10 (2) assess the community's unmet educational, human,61.11 environmental, and public safety needs, the resources and61.12 programs available for meeting those needs, and how young people61.13 participated in assessing community needs;61.14 (3) describe the educational component of the program,61.15 including classroom hours per week, classroom time for61.16 participants to reflect on the program experience, and61.17 anticipated academic outcomes related to the service experience;61.18 (4) describe the work to be performed, the ratio of youth61.19 participants to crew leaders and mentors, and the expectations61.20 and qualifications for crew leaders and mentors;61.21 (5) describe local funds or resources available to meet the61.22 match requirements of section 124D.44;61.23 (6) describe any funds available for the program from61.24 sources other than the requested grant;61.25 (7) describe any agreements with local businesses to61.26 provide participants with work-learning opportunities and61.27 mentors;61.28 (8) describe any agreement with local post-secondary61.29 educational institutions to offer participants course credits61.30 for their community service-learning experience;61.31 (9) describe any agreement with a local high school or an61.32 alternative learning center to provide remedial education,61.33 credit for community service work and work-based learning, or61.34 graduate equivalency degrees;61.35 (10) describe any pay for service or other program delivery61.36 mechanism that will provide reimbursement for benefits conferred62.1 or recover costs of services participants perform;62.2 (11) describe how local resources will be used to provide62.3 support and assistance for participants to encourage them to62.4 continue with the program, fulfill the terms of the contract,62.5 and remain eligible for any postservice benefit;62.6 (12) describe the arbitration mechanism for dispute62.7 resolution required under section 124D.42, subdivision 2;62.8 (13) describe involvement of community leaders in62.9 developing broad-based support for the program;62.10 (14) describe the consultation and sign-off process to be62.11 used with any local labor organization representing employees in62.12 the area engaged in work similar to that proposed for the62.13 program to ensure that no current employees or available62.14 employment positions will be displaced by program participants;62.15 (15) certify to the commission and, beginning January 1,62.16 1997, the council, and to any certified bargaining62.17 representatives representing employees of the applying62.18 organization that the project will not decrease employment62.19 opportunities that would be available without the project; will62.20 not displace current employees including any partial62.21 displacement in the form of reduced hours of work other than62.22 overtime, wages, employment benefits, or regular seasonal work;62.23 will not impair existing labor agreements; and will not result62.24 in the substitution of project funding for preexisting funds or62.25 sources of funds for ongoing work;62.26 (16) describe the length of the required service period,62.27 which may not be less than six months or more than two years, a62.28 method to incorporate a participant's readiness to advance or62.29 need for postservice financial assistance into individual62.30 service requirements, and any opportunity for participating part62.31 time or in another program;62.32 (17) describe a program evaluation plan that contains62.33 cost-effectiveness measures, measures of participant success62.34 including educational accomplishments, job placements, community62.35 contributions, and ongoing volunteer activities, outcome62.36 measures based on a preprogram and postprogram survey of63.1 community rates of arrest, incarceration, teenage pregnancy, and63.2 other indicators of youth in trouble, and a list of local63.3 resources dedicated to reducing these rates;63.4 (18) describe a three-year financial plan for maintaining63.5 the program;63.6 (19) describe the role of local youth in developing all63.7 aspects of the grant proposal; and63.8 (20) describe the process by which the local private63.9 industry council participated in, and reviewed the grant63.10 application.63.11 Sec. 22. Minnesota Statutes 1998, section 124D.42, 63.12 subdivision 7, is amended to read: 63.13 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 63.14 grantee organization must assess and work to enhance the 63.15 educational level of each entering participant. Each grantee63.16 shall work to enhance the educational skills of each63.17 participant. The commission and, beginning January 1, 1997, the63.18 council may coordinate or contract with educational institutions63.19 or other providers for educational services and evaluation.All 63.20 grantees shall give priority to educating and training 63.21 participants who do not have a high school diploma or its 63.22 equivalent, or who cannot afford post-secondary training and 63.23 education. 63.24 Sec. 23. Minnesota Statutes 1998, section 124D.46, 63.25 subdivision 1, is amended to read: 63.26 Subdivision 1. [ GOALSESTABLISHMENT.] To better prepare63.27 all learners to make transitions between education and63.28 employment,A comprehensive education and employment transitions 63.29 system is established that is driven by multisector partnerships 63.30 and takes a lifelong approach to workforce development. 63.31 The goals of thestatewide education and employment transitions 63.32 system areshall develop and implement methods: 63.33 (1) to improve the skills learners need to achieve greater 63.34 levels of self-sufficiency through education, training, and 63.35 work; 63.36 (2) to improve work-related counseling and information 64.1 about career opportunities and vocational education programs 64.2 available to learners to facilitate workforce development; 64.3 (3) to integrate opportunities for work-based learning, 64.4 service-learning, and other applied learning methods into the 64.5 elementary, secondary, and post-secondary curriculum andstate 64.6 and local graduation standards; 64.7 (4) to increase participation in employment opportunities64.8 and demonstrate the relationship between education and64.9 employment at the elementary, secondary, and post-secondary64.10 education levels;64.11 (5)(4) to promote the efficient use of public and private 64.12 resources by coordinating elementary, secondary, and 64.13 post-secondary education with related government programs; 64.14 (6)(5) to expand educational options available to all 64.15 learners through collaborative efforts between school districts, 64.16 post-secondary institutions, employers, organized labor, 64.17 workers, learners, parents, community-based organizations, and 64.18 other interested parties; 64.19 (7)(6) to increase opportunities for women, minorities, 64.20 individuals with a disability, and at-risk learners to fully 64.21 participate in work-based learning; 64.22 (8) to establish performance standards for learners that64.23 integrate state and local graduation standards and generally64.24 recognized industry and occupational skill standards;and 64.25 (9)(7) to provide support systems including a unified 64.26 labor market information system; a centralized quality assurance 64.27 system with information on learner achievement, employer 64.28 satisfaction, and measurable system outcomes; a statewide 64.29 marketing system to promote the importance of lifework 64.30 development; a comprehensive professional development system for 64.31 public and private sector partners; and a comprehensive system 64.32 for providing technical support to local partnerships for 64.33 education and employment transitions. 64.34 Sec. 24. Minnesota Statutes 1998, section 124D.47, 64.35 subdivision 2, is amended to read: 64.36 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 65.1 comprehensive youth apprenticeship program must require 65.2 representatives of secondary and post-secondary school systems, 65.3 affected local businesses, industries, occupations and labor, as 65.4 well as the local community, to be actively and collaboratively 65.5 involved in advising and managing the program and ensuring, in 65.6 consultation with local private industry councils, that the 65.7 youth apprenticeship program meets local labor market demands, 65.8 provides student apprentices with the high skill training 65.9 necessary for career advancement, meets applicable state 65.10 graduation requirements and labor standards, pays apprentices 65.11 for their work and provides support services to program 65.12 participants. 65.13 (b) Local employers, collaborating with labor organizations 65.14 where appropriate, must assist the program by analyzing 65.15 workplace needs, creating work-related curriculum, employing and 65.16 adequately paying youth apprentices engaged in work-related 65.17 learning in the workplace, training youth apprentices to become 65.18 skilled in an occupation, providing student apprentices with a 65.19 workplace mentor, periodically informing the school of an 65.20 apprentice's progress, and making a reasonable effort to employ 65.21 youth apprentices who successfully complete the program. 65.22 (c) A student participating in a comprehensive youth 65.23 apprenticeship program must sign a youth apprenticeship 65.24 agreement with participating entities that obligates youth 65.25 apprentices, their parents or guardians, employers, and schools 65.26 to meet program requirements ; indicates how academic65.27 instruction, work-based learning, and worksite learning and65.28 experience will be integrated; ensures that successful youth65.29 apprentices will receive a recognized credential of academic and65.30 occupational proficiency; and establishes the wage rate and65.31 other benefits for which youth apprentices are eligible while65.32 employed during the program. 65.33 (d) Secondary school principals, counselors, or business65.34 mentors familiar with the education to employment transitions65.35 system must inform entering secondary school students about65.36 available occupational and career opportunities and the option66.1 of entering a youth apprenticeship or other work-based learning66.2 program to obtain post-secondary academic and occupational66.3 credentials.66.4 Sec. 25. Minnesota Statutes 1998, section 124D.49, 66.5 subdivision 3, is amended to read: 66.6 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 66.7 SYSTEMS.] A local education and employment transitions 66.8 partnership must assess the needs of employers, employees, and 66.9 learners, and develop a plan for implementing and achieving the 66.10 objectives of a local or regional education and employment 66.11 transitions system. The plan must provide for a comprehensive 66.12 local system for assisting learners and workers in making the 66.13 transition from school to work or for retraining in a new 66.14 vocational area. The objectivesexpected outcomes of a local 66.15 education and employment transitions system include: 66.16 (1) increasing the effectiveness of the educational 66.17 programs and curriculum of elementary, secondary, and66.18 post-secondary schoolswhich meet state and local graduation 66.19 standards and the work site in preparingprepare students in the 66.20 skills and knowledge needed to be successful in the workplace; 66.21 (2) implementing learner outcomes for students in grades 66.22 kindergarten through 12 designed to introduce the world of work 66.23 and to explore career opportunities, including nontraditional 66.24 career opportunities; 66.25 (3) eliminating barriers to providing effective integrated66.26 applied learning, service-learning, or work-based curriculum;66.27 (4) increasing opportunities to apply academic knowledge66.28 and skills, including skills needed in the workplace, in local66.29 settings which include the school, school-based enterprises,66.30 post-secondary institutions, the workplace, and the community;66.31 (5) increasing applied instruction in the attitudes and66.32 skills essential for success in the workplace, including66.33 cooperative working, leadership, problem-solving, and respect66.34 for diversity;66.35 (6)providing staff training for vocational guidance 66.36 counselors, teachers, and other appropriate staff in the 67.1 importance of preparing learners for the transition to work, and 67.2 in methods of providing instruction that incorporate applied 67.3 learning, work-based learning, and service-learning experiences; 67.4 (7)(4) identifying and enlisting local and regional 67.5 employers who can effectively provide work-based or 67.6 service-learning opportunities, including, but not limited to, 67.7 apprenticeships, internships, and mentorships; 67.8 (8)(5) recruiting community and workplace mentors 67.9 including peers, parents, employers and employed individuals 67.10 from the community, and employers of high school students; 67.11 (9)(6) identifying current and emerging educational, 67.12 training, and employment needs of the area or region, especially 67.13 within industries with potential for job growth; 67.14 (10)(7) improving the coordination and effectiveness of 67.15 local vocational and job training programs, including vocational 67.16 education, adult basic education, tech prep, apprenticeship, 67.17 service-learning, youth entrepreneur, youth training and 67.18 employment programs administered by the commissioner of economic 67.19 security, and local job training programs under the Job Training 67.20 Partnership Act, United States Code, title 29, section 1501, et 67.21 seq.; 67.22 (11)(8) identifying and applying for federal, state, 67.23 local, and private sources of funding for vocational or applied 67.24 learning programs; 67.25 (12)(9) providing students with current information and 67.26 counseling about career opportunities, potential employment, 67.27 educational opportunities in post-secondary institutions, 67.28 workplaces, and the community, and the skills and knowledge 67.29 necessary to succeed; 67.30 (13) providing educational technology, including67.31 interactive television networks and other distance learning67.32 methods, to ensure access to a broad variety of work-based67.33 learning opportunities;67.34 (14)(10) including students with disabilities in a 67.35 district's vocational or applied learning program and ways to 67.36 serve at-risk learners through collaboration with area learning 68.1 centers under sections 123A.05 to 123A.09, or other alternative 68.2 programs; and 68.3 (15)(11) providing a warranty to employers, post-secondary 68.4 education programs, and other post-secondary training programs, 68.5 that learners successfully completing a high school work-based 68.6 or applied learning program will be able to apply the knowledge 68.7 and work skills included in the program outcomes or graduation 68.8 requirements. The warranty shall require education and training 68.9 programs to continue to work with those learners that need 68.10 additional skill development until they can demonstrate 68.11 achievement of the program outcomes or graduation requirements. 68.12 Sec. 26. Minnesota Statutes 1998, section 124D.50, 68.13 subdivision 2, is amended to read: 68.14 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 68.15 commissioner, in consultation with the commission, shall develop 68.16 a service-learning program curriculum that includes apolicy 68.17 framework and strategies for youth community service and an 68.18 infrastructure for mentoring youth. The commissioner shall 68.19 include in the curriculum at least the following: 68.20 (1) youth community service strategies that enable young 68.21 people to make significant contributions to the welfare of their 68.22 community through such organizations as schools, colleges, 68.23 government agencies, and community-based organizations or 68.24 through individual efforts; 68.25 (2) mentoring strategies that enable young people to be 68.26 matched with caring, responsible individuals who can encourage 68.27 and guide the young people in their personal growth and 68.28 development; 68.29 (3) guidelines, criteria, and procedures for community 68.30 service programs that incorporate the results of the study in 68.31 subdivision 1; and 68.32 (4) criteria for community service activities and 68.33 service-learning. 68.34 Sec. 27. Minnesota Statutes 1998, section 124D.50, 68.35 subdivision 3, is amended to read: 68.36 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 69.1 EDUCATION LEVEL.] The service-learning curriculumframework must 69.2 accommodate students' grade level or the last completed grade 69.3 level of the participants not currently enrolled in school. 69.4 Schools must provide at least the following: 69.5 (1) for students in grades 7 to 9, an opportunity to learn 69.6 about service-learning activities and possible occupations; 69.7 (2) for students in grade 10, an opportunity to apply for 69.8 service-learning under section 124D.19 subdivision 10, and youth 69.9 apprenticeship programs; and 69.10 (3) for students in grades 11 and 12 and young people not 69.11 currently enrolled in school, an opportunity to become involved 69.12 in community service activities, participate in youth 69.13 apprenticeship programs, and, depending upon the individual's 69.14 demonstrated abilities, complete high school or pursue 69.15 post-secondary coursework. 69.16 Sec. 28. Minnesota Statutes 1998, section 124D.65, 69.17 subdivision 6, is amended to read: 69.18 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 69.19 counting the number of pupils of limited English proficiency for 69.20 purposes of this section, districts may include pupils of 69.21 limited English proficiency who attend nonpublic schools in the 69.22 district. A district which counts those pupils and receives aid 69.23 pursuant to this section must offer those pupils the same 69.24 programs on the same terms that it offers to pupils of limited 69.25 English proficiency who attend the public school. A program 69.26 provided for a nonpublic school pupil pursuant to this 69.27 subdivision must be provided at a public school or, a neutral 69.28 site as defined in section 123B.41, subdivision 13, the 69.29 nonpublic school, or any other suitable location. The school 69.30 district must make the final decision on the location of these 69.31 services. Nonpublic school pupils served by a district's 69.32 educational program for pupils of limited English proficiency 69.33 must be counted for average daily membership pursuant to 69.34 sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 69.35 1 to 4. 69.36 Sec. 29. Minnesota Statutes 1998, section 124D.74, 70.1 subdivision 1, is amended to read: 70.2 Subdivision 1. [PROGRAM DESCRIBEDOUTCOMES.] American 70.3 Indian language and culture education programs are programs in70.4 elementary and secondary schools enrolling American Indian70.5 childrendesigned: 70.6 (1) to make the curriculum more relevant to the needs, 70.7 interests, and cultural heritage of American Indian pupils; 70.8 (2) to provide positive reinforcement of the self-image of 70.9 American Indian pupils; and 70.10 (3) to develop intercultural awareness among pupils, 70.11 parents, and staff. Program components may include:70.12 instruction in American Indian language, literature, history,70.13 and culture; development of support components for staff,70.14 including in-service training and technical assistance in70.15 methods of teaching American Indian pupils; research projects,70.16 including experimentation with and evaluation of methods of70.17 relating to American Indian pupils; provision of personal and70.18 vocational counseling to American Indian pupils; modification of70.19 curriculum, instructional methods, and administrative procedures70.20 to meet the needs of American Indian pupils; and establishment70.21 of cooperative liaisons with nonsectarian nonpublic, community,70.22 tribal or alternative schools offering curricula which reflect70.23 American Indian culture.Districts offering programs may make 70.24 contracts for the provision of program components by 70.25 nonsectarian nonpublic, community, tribal or alternative 70.26 schools. These programs may also be provided as components of 70.27 early childhood and family education programs. 70.28 Sec. 30. Minnesota Statutes 1998, section 124D.88, 70.29 subdivision 2, is amended to read: 70.30 Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.] To the70.31 extent money is available,The commissioner may approve projects 70.32 from applications submitted under this section. The grant money 70.33 must be used only to design, acquire, construct, expand, 70.34 remodel, improve, furnish, or equip the building or site of a 70.35 magnet school facility according to contracts entered into 70.36 within 24 months after the date on which a grant is awarded. 71.1 Sec. 31. Minnesota Statutes 1998, section 124D.892, is 71.2 amended to read: 71.3 124D.892 [ OFFICE OFDESEGREGATION/INTEGRATION.] 71.4 Subdivision 1. [ESTABLISHMENT.] (a) An office of71.5 desegregation/integration is established inThe department71.6 commissioner of children, families, and learning tomust 71.7 coordinate and support activities related to student enrollment, 71.8 student and staff recruitment and retention, transportation, and 71.9 interdistrict cooperation among metropolitan school districts. 71.10 (b) At the request of a metropolitan school district 71.11 involved in cooperative desegregation/integration efforts, the 71.12 officecommissioner shall perform any of the following 71.13 activities: 71.14 (1) assist districts with interdistrict student transfers, 71.15 including student recruitment, counseling, placement, and 71.16 transportation; 71.17 (2) coordinate and disseminate information about schools 71.18 and programs; 71.19 (3) assist districts with new magnet schools and programs; 71.20 (4) assist districts in providing staff development and 71.21 in-service training; and 71.22 (5) coordinate and administer staff exchanges. 71.23 (c) The officecommissioner shall collect data on the 71.24 efficacy of districts' desegregation/integration efforts and 71.25 make recommendations based on the data. The officecommissioner 71.26 shall periodically consult with the metropolitan council to 71.27 coordinate school desegregation/integration efforts with the 71.28 housing, social, economic, and infrastructure needs of the 71.29 metropolitan area. The officecommissioner shall develop a 71.30 process for resolving students' disputes and grievances about 71.31 student transfers under a desegregation/integration plan. 71.32 Subd. 2. [COORDINATION.] The commissioner may request 71.33 information or assistance from, or contract with, any state or 71.34 local agency or officer, local unit of government, or recognized 71.35 expert to assist the commissioner in performing the activities 71.36 described in subdivision 1. 72.1 Subd. 3. [ADVISORY BOARD.] The commissioner shall 72.2 establish an advisory board composed of: 72.3 (1) eight superintendents, each of whom shall be selected 72.4 by the superintendents of the school districts located in whole 72.5 or in part within each of the eight metropolitan districts 72.6 established under section 473.123, subdivision 3c; and 72.7 (2) one person each selected by the Indian affairs council, 72.8 the council on Asian-Pacific Minnesotans, the council on Black 72.9 Minnesotans, and the council on affairs of Chicano/Latino people. 72.10 The advisory board shall advise the officecommissioner on 72.11 complying with the requirements under subdivision 1. The 72.12 advisory board may solicit comments from teachers, parents, 72.13 students, and interested community organizations and others. 72.14 Sec. 32. Minnesota Statutes 1998, section 124D.894, is 72.15 amended to read: 72.16 124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 72.17 COMMITTEE.] 72.18 (a) The commissioner shall appoint a state multicultural 72.19 education advisory committee to advise the department and the 72.20 state board on multicultural education. The committee must have 72.21 12 members and be composed of representatives from among the 72.22 following groups and community organizations: African-American, 72.23 Asian-Pacific, Hispanic, and American Indian. 72.24 (b) The state committee shall provide information and 72.25 recommendations on: 72.26 (1) department procedures for reviewing and approving 72.27 district plans and disseminating information on multicultural 72.28 education; 72.29 (2) department procedures for improving inclusive education 72.30 plans, curriculum and instruction improvement plans, and 72.31 performance-based assessments; 72.32 (3) developing learner outcomes which are multicultural; 72.33 and 72.34 (4) other recommendations that will further inclusive, 72.35 multicultural education. 72.36 (c) The committee shall also participate in determining the73.1 criteria for and awarding the grants established under Laws73.2 1993, chapter 224, article 8, section 22, subdivision 8.73.3 Sec. 33. Minnesota Statutes 1999 Supplement, section 73.4 124D.94, subdivision 2, is amended to read: 73.5 Subd. 2. [CREATION OF FOUNDATION.] There is created the 73.6 Minnesota academic excellence foundation. The purpose of the73.7 foundation shall be to promote academic excellence in Minnesota73.8 public and nonpublic schools and communities through73.9 public-private partnerships.The foundation shall be a 73.10 nonprofit organization. The board of directors of the 73.11 foundation and foundation activities are under the direction of 73.12 the commissioner of children, families, and learning. 73.13 Sec. 34. Minnesota Statutes 1998, section 124D.94, 73.14 subdivision 4, is amended to read: 73.15 Subd. 4. [FOUNDATION PROGRAMS.] The foundation mayshall 73.16 develop programs that advance the concept of educational 73.17 excellence in Minnesota public and nonpublic schools and 73.18 communities through public-private partnerships. These may73.19 include, but are not limited to:73.20 (a) recognition programs and awards for students73.21 demonstrating academic excellence;73.22 (b) summer institute programs for students with special73.23 talents;73.24 (c) recognition programs for teachers, administrators, and73.25 others who contribute to academic excellence;73.26 (d) summer mentorship programs with business and industry73.27 for students with special career interests and high academic73.28 achievements;73.29 (e) governor's awards ceremonies and special campaigns to73.30 promote awareness and expectation for academic achievement;73.31 (f) an academic league to provide organized challenges73.32 requiring cooperation and competition for public and nonpublic73.33 pupils in elementary and secondary schools;73.34 (g) systemic transformation initiatives and assistance and73.35 training to community teams to increase school performance in73.36 the state's education institutions through strategic quality74.1 planning for continuous improvement, empowerment of multiple74.2 stakeholders, validation of results via customer-supplier74.3 relationships, and a total system approach based on best74.4 practices in key process areas; and74.5 (h) activities to measure customer satisfaction for74.6 delivery of services to education institutions in order to plan74.7 for and implement continuous improvement.74.8 To the extent possible, the foundation shall make these74.9 programs available to students in all parts of the state.74.10 Sec. 35. [REVISOR INSTRUCTION.] 74.11 In the next and subsequent editions of Minnesota Statutes 74.12 and Minnesota Rules, the revisor of statutes shall renumber each 74.13 section of Minnesota Statutes in column A with the number in 74.14 column B. The revisor shall also make necessary cross-reference 74.15 changes consistent with the renumbering. 74.16 A B 74.17 74.18 124D.35 124D.46, subd. 5 74.19 124D.46, subd. 4 268.665, subd. 7 74.20 124D.47, subd. 2 124D.46, subd. 6 74.21 Sec. 36. [REPEALER.] 74.22 (a) Minnesota Statutes 1998, sections 124D.02, subdivisions 74.23 2, 3, and 4; 124D.03, subdivisions 5, 7, 9, and 10; 124D.06; 74.24 124D.07; 124D.081, subdivision 1; 124D.09, subdivisions 2, 8, 74.25 25, and 26; 124D.10, subdivision 13; 124D.115, subdivisions 1 74.26 and 2; 124D.118, subdivision 1; 124D.12; 124D.123; 124D.124; 74.27 124D.125; 124D.128, subdivisions 1, 3, 4, and 5; 124D.31; 74.28 124D.34, subdivision 5; 124D.43; 124D.46, subdivision 3; 74.29 124D.47, subdivision 1; 124D.50, subdivisions 1, 2, and 3; 74.30 124D.60, subdivision 3; 124D.65, subdivisions 8, 9, and 10; 74.31 124D.68, subdivision 1; 124D.72; 124D.81, subdivision 7; 74.32 124D.88, subdivision 1; 124D.895; 124D.90, subdivision 5; 74.33 124D.91; 124D.92; and 124D.93, subdivisions 2, 3, and 6, are 74.34 repealed. 74.35 (b) Minnesota Statutes 1998, section 124D.128, subdivision 74.36 6, is repealed effective July 1, 2001. 74.37 (c) Minnesota Statutes 1999 Supplement, sections 124D.121; 74.38 124D.122; 124D.126; 124D.127; 124D.128, subdivisions 2 and 7; 75.1 and 124D.93, subdivisions 1, 4, and 5, are repealed. 75.2 ARTICLE 8 75.3 EDUCATION AND TECHNOLOGY 75.4 Section 1. Minnesota Statutes 1998, section 125B.05, 75.5 subdivision 1, is amended to read: 75.6 Subdivision 1. [INFORMATION SYSTEM.] The department of 75.7 children, families, and learning shall develop and maintain a75.8 computerizedan information system for state information needs. 75.9 Sec. 2. Minnesota Statutes 1998, section 125B.05, 75.10 subdivision 2, is amended to read: 75.11 Subd. 2. [PURPOSES.] The purposes of the computerized75.12 information system shall be: 75.13 (a) To provide comparable and accurate educational 75.14 information in a manner which is timely and economical; 75.15 (b) To ensure accountability for state appropriations; 75.16 (c) To collect data to assess the needs of learners and 75.17 children; 75.18 (d) To provide school districts with an educational 75.19 information system capability which will meet school district 75.20 management needs; and 75.21 (e) To provide for computerizedanalysis of educational 75.22 information to meet the management needs of the state of 75.23 Minnesota. 75.24 Sec. 3. Minnesota Statutes 1999 Supplement, section 75.25 125B.20, subdivision 1, is amended to read: 75.26 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The purpose of75.27 developing a statewide school district telecommunications75.28 network is to expand the availability of a broad range of75.29 courses and degrees to students throughout the state, to share75.30 information resources to improve access, quality, and75.31 efficiency, to improve learning, and distance cooperative75.32 learning opportunities, and to promote the exchange of ideas75.33 among students, parents, teachers, media generalists,75.34 librarians, and the public. In addition, through the75.35 development of this statewide telecommunications network75.36 emphasizing cost-effective, competitive connections, all76.1 Minnesotans will benefit by enhancing access to76.2 telecommunications technology throughout the state. Network76.3 connections for school districts and public libraries are76.4 coordinated and fully integrated into the existing state76.5 telecommunications and interactive television networks to76.6 achieve comprehensive and efficient interconnectivity of school76.7 districts and libraries to higher education institutions, state76.8 agencies, other governmental units, agencies, and institutions76.9 throughout Minnesota. A school district may apply to the76.10 commissioner for a grant under subdivision 2, and a regional76.11 public library may apply under subdivision 3.The Minnesota 76.12 education telecommunications council established in Laws 1995, 76.13 First Special Session chapter 3, article 12, section 7, shall 76.14 establish priorities for awarding grants, making grant awards, 76.15 and being responsible for the coordination of networks. 76.16 Sec. 4. Minnesota Statutes 1999 Supplement, section 76.17 125B.20, subdivision 4, is amended to read: 76.18 Subd. 4. [AWARD OF GRANTS.] The council shall develop 76.19 application forms and procedures for telecommunication access 76.20 grants. The council shall select the grant recipient and shall76.21 promptly notify any applicant that is found not to be76.22 qualified. The commissioner shall make the grant payments 76.23 directly to the school district or regional library system. At 76.24 the request of the district or regional library system, the 76.25 commissioner may make the grant payment directly to the 76.26 coordinating organization. 76.27 Sec. 5. [REPEALER.] 76.28 (a) Minnesota Statutes 1998, sections 125B.02; 125B.07, 76.29 subdivisions 1 and 5; 125B.09; and 125B.11, are repealed. 76.30 (b) Minnesota Statutes 1999 Supplement, section 125B.07, 76.31 subdivision 3, is repealed. 76.32 ARTICLE 9 76.33 EDUCATION FUNDING 76.34 Section 1. Minnesota Statutes 1999 Supplement, section 76.35 126C.05, subdivision 1, is amended to read: 76.36 Subdivision 1. [PUPIL UNIT.] Pupil units for each 77.1 Minnesota resident pupil in average daily membership enrolled in 77.2 the district of residence, in another district under sections 77.3 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 77.4 124D.68; in a charter school under section 124D.10; or for whom 77.5 the resident district pays tuition under section 123A.18, 77.6 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 77.7 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 77.8 125A.65, shall be counted according to this subdivision. A 77.9 district may not count a person who is over the age of 21, 77.10 except as provided in section 125A.03, or who has graduated from 77.11 high school and is enrolled as a part-time student in a class or 77.12 program as a pupil unit. 77.13 (a) A prekindergarten pupil with a disability who is 77.14 enrolled in a program approved by the commissioner and has an 77.15 individual education plan is counted as the ratio of the number 77.16 of hours of assessment and education service to 825 times 1.25 77.17 with a minimum of 0.28, but not more than 1.25. 77.18 (b) A prekindergarten pupil who is assessed but determined 77.19 not to be handicapped is counted as the ratio of the number of 77.20 hours of assessment service to 825 times 1.25. 77.21 (c) A kindergarten pupil with a disability who is enrolled 77.22 in a program approved by the commissioner is counted as the 77.23 ratio of the number of hours of assessment and education 77.24 services required in the fiscal year by the pupil's individual 77.25 education program plan to 875, but not more than one. 77.26 (d) A kindergarten pupil who is not included in paragraph 77.27 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 77.28 thereafter. 77.29 (e) A pupil who is in any of grades 1 to 3 is counted as 77.30 1.115 pupil units for fiscal year 2000 and thereafter. 77.31 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 77.32 pupil units for fiscal year 1995 and thereafter. 77.33 (g) A pupil who is in any of grades 7 to 12 is counted as 77.34 1.3 pupil units. 77.35 (h) A pupil who is in the post-secondary enrollment options 77.36 program is counted as 1.3 pupil units. 78.1 Sec. 2. Minnesota Statutes 1998, section 126C.17, 78.2 subdivision 11, is amended to read: 78.3 Subd. 11. [REFERENDUM DATE.] In addition to the referenda 78.4 allowed in subdivision 9, clause (a), the commissioner may 78.5 authorize a referendum for a different day. 78.6 (a) The commissioner may grant authority to a district to 78.7 hold a referendum on a different day if the district is in 78.8 statutory operating debt and has an approved plan or has 78.9 received an extension from the department to file a plan to 78.10 eliminate the statutory operating debt. 78.11 (b) The commissioner may grant authority for a district to78.12 hold a referendum on a different day if: (1) the district will78.13 conduct a bond election under chapter 475 on that same day; and78.14 (2) the proceeds of the referendum will provide only additional78.15 operating revenue complementing the purpose for which bonding78.16 authority is sought. The commissioner may only grant authority78.17 under this paragraph if the district demonstrates to the78.18 commissioner's satisfaction that the district's ability to78.19 operate the new facility or achieve efficiencies with the78.20 purchases connected to the proceeds of the bond sale will be78.21 significantly affected if the operating referendum is not78.22 conducted until the November general election. Authority under78.23 this paragraph expires November 30, 1998.78.24 (c)The commissioner must approve, deny, or modify each 78.25 district's request for a referendum levy on a different day 78.26 within 60 days of receiving the request from a district. 78.27 Sec. 3. Minnesota Statutes 1998, section 126C.31, is 78.28 amended to read: 78.29 126C.31 [POLICY.] 78.30 Financing the education of our children is one of state78.31 government's most important functions. In performing this78.32 function, the state seeks to provide sufficient funding while78.33 encouraging equity, accountability, and incentives toward78.34 quality improvement. To help achieve these goals and to help78.35 control future spending growth,To ensure students have access 78.36 to educational programs and services that meet their academic 79.1 needs, the state will fund core instruction and related support 79.2 services, will facilitate improvement in thequality and79.3 delivery of programs andservices, and will equalize revenues 79.4 raised locally for discretionary purposes. 79.5 Sec. 4. Minnesota Statutes 1999 Supplement, section 79.6 126C.48, subdivision 8, is amended to read: 79.7 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 79.8 Reductions in levies pursuant to sections 126C.48, subdivision 79.9 1, and 273.138, must be made prior to the reductions in clause 79.10 (2). 79.11 (2) Notwithstanding any other law to the contrary,79.12 Districts which received payments pursuant to sections 298.018; 79.13 298.24 to 298.28, except an amount distributed under section 79.14 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 79.15 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 79.16 upon severed mineral values, or recognized revenue pursuant to 79.17 section 477A.15; must not include a portion of these aids in 79.18 their permissible levies pursuant to those sections, but instead 79.19 must reduce the permissible levies authorized by this chapter 79.20 and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A 79.21 by the greater of the following: 79.22 (a) an amount equal to 50 percent of the total dollar 79.23 amount of the payments received pursuant to those sections or 79.24 revenue recognized pursuant to section 477A.15 in the previous 79.25 fiscal year; or 79.26 (b) an amount equal to the total dollar amount of the 79.27 payments received pursuant to those sections or revenue 79.28 recognized pursuant to section 477A.15 in the previous fiscal 79.29 year less the product of the same dollar amount of payments or 79.30 revenue times five percent. 79.31 (3) No reduction pursuant to this subdivision shall reduce 79.32 the levy made by the district pursuant to section 126C.13, to an 79.33 amount less than the amount raised by a levy of a net tax rate 79.34 of 6.82 percent times the adjusted net tax capacity for taxes 79.35 payable in 1990 and thereafter of that district for the 79.36 preceding year as determined by the commissioner. The amount of 80.1 any increased levy authorized by referendum pursuant to section 80.2 126C.17, subdivision 9, shall not be reduced pursuant to this 80.3 subdivision. The amount of any levy authorized by section 80.4 126C.43, to make payments for bonds issued and for interest 80.5 thereon, shall not be reduced pursuant to this subdivision. 80.6 (4) Before computing the reduction pursuant to this 80.7 subdivision of the health and safety levy authorized by sections 80.8 123B.57 and 126C.40, subdivision 5, the commissioner shall 80.9 ascertain from each affected school district the amount it 80.10 proposes to levy under each section or subdivision. The 80.11 reduction shall be computed on the basis of the amount so 80.12 ascertained. 80.13 (5) Notwithstanding any law to the contrary,Any amounts 80.14 received by districts in any fiscal year pursuant to sections 80.15 298.018; 298.24 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 80.16 298.405; or any law imposing a tax on severed mineral values; 80.17 and not deducted from general education aid pursuant to section 80.18 126C.21, subdivision 4, clause (2), and not applied to reduce 80.19 levies pursuant to this subdivision shall be paid by the 80.20 district to the St. Louis county auditor in the following amount 80.21 by March 15 of each year, the amount required to be subtracted 80.22 from the previous fiscal year's general education aid pursuant 80.23 to section 126C.21, subdivision 4, which is in excess of the 80.24 general education aid earned for that fiscal year. The county 80.25 auditor shall deposit any amounts received pursuant to this 80.26 clause in the St. Louis county treasury for purposes of paying 80.27 the taconite homestead credit as provided in section 273.135. 80.28 ARTICLE 10 80.29 STATE ADMINISTRATION OF EDUCATION 80.30 Section 1. Minnesota Statutes 1999 Supplement, section 80.31 127A.05, subdivision 1, is amended to read: 80.32 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 80.33 shall be under the administrative control of the commissioner of 80.34 children, families, and learning which office is established. 80.35 The governor shall appoint the commissioner under the provisions 80.36 of section 15.06. 81.1 The commissioner shall be a person who possesses 81.2 educational attainment and breadth of experience in the 81.3 administration of public education and of the finances 81.4 pertaining thereto commensurate with the spirit and intent of 81.5 this code. Notwithstanding any other law to the contrary, the81.6 commissioner may appoint two deputy commissioners who shall81.7 serve in the unclassified service.The commissioner shall also 81.8 appoint other employees as may be necessary for the organization 81.9 of the department. The commissioner shall perform such duties 81.10 as the law and rules may provide and be held responsible for the 81.11 efficient administration and discipline of the department. The 81.12 commissioner is charged with the execution of powers and duties 81.13 to promote public education in the state and to safeguard the 81.14 finances pertaining thereto. 81.15 Sec. 2. Minnesota Statutes 1998, section 127A.05, 81.16 subdivision 3, is amended to read: 81.17 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 81.18 EDUCATIONAL AGENCIES.] The commissioner of children, families, 81.19 and learning shall adopt goals for andexercise general 81.20 supervision over public schools and other public educational 81.21 agencies in the state , classify and standardize public81.22 elementary and secondary schools, and prepare for them outlines81.23 and suggested courses of study. The commissioner shall develop81.24 a plan to attain the adopted goals. The commissioner may 81.25 recognize educational accrediting agencies for the sole purposes 81.26 of sections 120A.22, 120A.24, and 120A.26. 81.27 Sec. 3. Minnesota Statutes 1998, section 127A.06, is 81.28 amended to read: 81.29 127A.06 [RECOMMENDATIONS; BUDGET.] 81.30 The commissioner of children, families, and learning shall81.31 recommend to the governor and legislature such modification and81.32 unification of laws relating to the state system of education as81.33 shall make those laws more readily understood and more effective81.34 in execution.The commissioner of children, families, and 81.35 learning shall prepare a biennial education budget which shall 81.36 be submitted to the governor and legislature, such budget to 82.1 contain a complete statement of finances pertaining to the 82.2 maintenanceoperations of the state department and to the 82.3 distribution of state aid. 82.4 Sec. 4. Minnesota Statutes 1998, section 127A.41, 82.5 subdivision 7, is amended to read: 82.6 Subd. 7. [SCHEDULE ADJUSTMENTS.] (a) It is the intention82.7 of the legislature to encourage efficient and effective use of82.8 staff and facilities by districts. Districts are encouraged to82.9 consider both cost and energy saving measures.82.10 (b)Any district operating a program pursuant to sections 82.11 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 82.12 operating a commissioner-designated area learning center program 82.13 under section 123A.09, or that otherwise receives the approval 82.14 of the commissioner to operate its instructional program to 82.15 avoid an aid reduction in any year, may adjust the annual school 82.16 schedule for that program throughout the calendar year. 82.17 Sec. 5. Minnesota Statutes 1999 Supplement, section 82.18 127A.42, subdivision 2, is amended to read: 82.19 Subd. 2. [VIOLATIONS OF LAW.] The commissioner shallmay 82.20 reduce the district's specialstate aid for any school year 82.21 whenever the board of the district authorizes or permits 82.22 violations of law within the district by:. 82.23 (1) employing a teacher who does not hold a valid teaching82.24 license or permit in a public school;82.25 (2) noncompliance with a mandatory rule of general82.26 application promulgated by the commissioner in accordance with82.27 statute, unless special circumstances make enforcement82.28 inequitable, impose an extraordinary hardship on the district,82.29 or the rule is contrary to the district's best interests;82.30 (3) the district's continued performance of a contract made82.31 for the rental of rooms or buildings for school purposes or for82.32 the rental of any facility owned or operated by or under the82.33 direction of any private organization, if the contract has been82.34 disapproved, the time for review of the determination of82.35 disapproval has expired, and no proceeding for review is82.36 pending;83.1 (4) any practice which is a violation of sections 1 and 283.2 of article 13 of the Constitution of the state of Minnesota;83.3 (5) failure to reasonably provide for a resident pupil's83.4 school attendance under Minnesota Statutes; or83.5 (6) noncompliance with state laws prohibiting83.6 discrimination because of race, color, creed, religion, national83.7 origin, sex, age, marital status, status with regard to public83.8 assistance or disability, as defined in section 363.03.83.9 The reduction must be made in the amount and upon the procedure83.10 provided in this section or, in the case of the violation stated83.11 in clause (1), upon the procedure provided in section 127A.43.83.12 Sec. 6. [REPEALER.] 83.13 Minnesota Statutes 1998, sections 127A.05, subdivision 5; 83.14 and 127A.41, subdivision 4, are repealed. 83.15 ARTICLE 11 83.16 PERPICH CENTER FOR ARTS EDUCATION 83.17 Section 1. Minnesota Statutes 1999 Supplement, section 83.18 129C.10, subdivision 3, is amended to read: 83.19 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 83.20 the powers necessary for the care, management, and control of 83.21 the Perpich center for arts education and all its real and 83.22 personal property. The powers shall include, but are not 83.23 limited to, those listed in this subdivision. 83.24 (b) The board may employ and discharge necessary employees, 83.25 and contract for other services to ensure the efficient 83.26 operation of the center for arts education. 83.27 (c) The board may receive and award grants. The board may 83.28 establish a charitable foundation and accept, in trust or 83.29 otherwise, any gift, grant, bequest, or devise for educational 83.30 purposes and hold, manage, invest, and dispose of them and the 83.31 proceeds and income of them according to the terms and 83.32 conditions of the gift, grant, bequest, or devise and its 83.33 acceptance. The board must adopt internal procedures to 83.34 administer and monitor aids and grants. 83.35 (d) The board may establish or coordinate evening,83.36 continuing education, extension, and summer programs for84.1 teachers and pupils.84.2 (e) The board may identify pupils who have artistic talent,84.3 either demonstrated or potential, in dance, literary arts, media84.4 arts, music, theater, and visual arts, or in more than one art84.5 form.84.6 (f)The board must educate pupils with artistic talent by 84.7 providing: 84.8 (1) an interdisciplinary academic and arts program for 84.9 pupils in the 11th and 12th grades. The total number of pupils 84.10 accepted under this clause and clause (2) shall not exceed 300; 84.11 (2) additional instruction to pupils for a 13th grade. 84.12 Pupils eligible for this instruction are those enrolled in 12th 84.13 grade who need extra instruction and who apply to the board, or 84.14 pupils enrolled in the 12th grade who do not meet learner 84.15 outcomes established by the board; 84.16 (3) intensive arts seminars for one or two weeks for pupils 84.17 in grades 9 to 12; 84.18 (4) summer arts institutes for pupils in grades 9 to 12; 84.19 (5) artist mentor and extension programs in regional sites; 84.20 and 84.21 (6) teacher education programs for indirect curriculum 84.22 delivery. 84.23 (g) The board may determine the location for the Perpich84.24 center for arts education and any additional facilities related84.25 to the center, including the authority to lease a temporary84.26 facility.84.27 (h)(e) The board must plan for the enrollment of pupils on 84.28 an equal basis from each congressional district. 84.29 (i) The board may establish task forces as needed to advise84.30 the board on policies and issues. The task forces expire as84.31 provided in section 15.059, subdivision 6.84.32 (j) The board may request the commissioner of children,84.33 families, and learning for assistance and services.84.34 (k) The board may enter into contracts with other public84.35 and private agencies and institutions for residential and84.36 building maintenance services if it determines that these85.1 services could be provided more efficiently and less expensively85.2 by a contractor than by the board itself. The board may also85.3 enter into contracts with public or private agencies and85.4 institutions, school districts or combinations of school85.5 districts, or service cooperatives to provide supplemental85.6 educational instruction and services.85.7 (l) The board may provide or contract for services and85.8 programs by and for the center for arts education, including a85.9 store, operating in connection with the center; theatrical85.10 events; and other programs and services that, in the85.11 determination of the board, serve the purposes of the center.85.12 (m)(f) The board may provide for transportation of pupils 85.13 to and from the center for arts education for all or part of the 85.14 school year , as the board considers advisable and subject to its85.15 rules. Notwithstanding any other law to the contrary,and the 85.16 board may charge a reasonable fee for transportation of pupils. 85.17 Every driver providing transportation of pupils under this 85.18 paragraph must possess all qualifications required by the 85.19 commissioner of children, families, and learning. The board may85.20 contract for furnishing authorized transportation under rules85.21 established by the commissioner of children, families, and85.22 learning and may purchase and furnish gasoline to a contract85.23 carrier for use in the performance of a contract with the board85.24 for transportation of pupils to and from the center for arts85.25 education. When transportation is provided, scheduling of85.26 routes, establishment of the location of bus stops, the manner85.27 and method of transportation, the control and discipline of85.28 pupils, and any other related matter is within the sole85.29 discretion, control, and management of the board.85.30 (n)(g) The board may provide room and board for its pupils. 85.31 If the board provides room and board, it shall charge a 85.32 reasonable fee for the room and board. The fee is not subject 85.33 to chapter 14 and is not a prohibited fee according to sections 85.34 123B.34 to 123B.39. 85.35 (o)(h) The board may establish and set fees for services 85.36 and programs. If the board sets fees not authorized or 86.1 prohibited by the Minnesota public school fee law, it may do so 86.2 without complying with the requirements of section 123B.38. 86.3 (p) The board may apply for all competitive grants86.4 administered by agencies of the state and other government or86.5 nongovernment sources.86.6 ARTICLE 12 86.7 REPEAL OF RULES 86.8 Section 1. [REPEALER.] 86.9 Minnesota Rules, parts 3505.4300; 3520.0400; 3530.2610; 86.10 3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 86.11 3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 86.12 3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 86.13 3530.2642; 3530.2644; 3545.0600; 3545.0700; 3545.0800; 86.14 3545.0900; and 3550.0100, are repealed. 86.15 Sec. 2. [EFFECTIVE DATE.] 86.16 Section 1 is effective the day following final enactment.