Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 314--H.F.No. 92
An act relating to education; providing for aids to
education, aids to libraries, state payments for
teacher retirement contributions, tax levies, and the
distribution of tax revenues; granting certain duties
and powers to school boards, school districts, the
state board of education, the state board for
vocational education, and the higher education
coordinating board; modifying certain components of
foundation aid; providing for revenue equity;
modifying the computation of the transportation aid,
summer school, and community education aids and
levies; providing funding for AVTI's; providing
incentives for school districts to use technology in
education; modifying certain provisions relating to
teacher mobility programs; modifying certain duties of
the council on quality education; appropriating money;
amending Minnesota Statutes 1982, sections 6.54; 6.62,
subdivision 1; 120.0751, subdivision 3; 120.17,
subdivision 3; 121.15; 121.503; 121.505; 121.904,
subdivision 4a, as amended; 121.908; 121.911, by
adding a subdivision; 121.912, subdivision 3, and by
adding a subdivision; 121.936, by adding a
subdivision; 122.23, subdivisions 2 and 3; 122.41;
122.43; 122.44; 122.531, subdivision 2, and by adding
subdivisions; 123.32, by adding a subdivision; 123.33,
subdivisions 10 and 14; 123.34, subdivision 9;
123.351, subdivision 4; 123.36, subdivisions 9, 13,
and by adding a subdivision; 123.37, subdivision 1b;
123.39, subdivision 4; 123.702, subdivision 1a;
123.705; 123.741, subdivision 1; 123.933, subdivision
3; 124.14, subdivision 1; 124.15, subdivision 5;
124.155, subdivision 2, as amended; 124.17,
subdivision 2d; 124.19, subdivision 3; 124.201,
subdivisions 2 and 3, and by adding subdivisions;
124.2122, subdivisions 1 and 2; 124.2124, subdivision
1; 124.2126, subdivision 3; 124.2127, subdivision 1;
124.2132, subdivisions 1 and 4; 124.214, subdivision
2; 124.225; 124.245, by adding a subdivision; 124.246,
subdivision 2; 124.247, subdivision 3, and by adding a
subdivision; 124.26, subdivision 1; 124.271,
subdivisions 2a, 6, and by adding subdivisions;
124.273, subdivision 4; 124.32, subdivisions 3a, 5,
and 5a; 124.43, subdivision 1; 124.572, subdivision 2;
124.646, subdivision 1; 125.05, by adding a
subdivision; 125.12, subdivisions 6a, 6b, and by
adding a subdivision; 125.17, subdivisions 1 and 11;
125.60, subdivisions 2, 3, and 7; 125.611,
subdivisions 8 and 9; 126.54, subdivision 1; 129B.01,
subdivision 2; 129B.02; 129B.04; 129B.05; 129B.09,
subdivisions 1 and 12; 134.07; 134.08; 134.09; 134.10;
134.11; 134.12; 134.13; 134.14; 134.15; 134.30;
134.32, subdivisions 1 and 7; 134.351, subdivisions 3
and 7; 134.353; 134.36; 136A.02, subdivision 1;
275.125, subdivisions 2d, 2e, 2i, 4, 5, 5b, 8, 9, 11a,
11b, and by adding subdivisions; 354.094, subdivisions
1, 1a, and by adding a subdivision; 354.66,
subdivisions 4, 9, and by adding a subdivision;
354A.091, subdivisions 1, 1a, and by adding a
subdivision; 354A.094, subdivisions 4, 9, and by
adding a subdivision; 375.335; 466.06; 475.61,
subdivision 3; and 648.39, subdivision 1; Laws 1967,
chapter 822; Laws 1969, chapters 775, section 3,
subdivision 2, as amended; and 1060; Laws 1974,
chapter 237, section 1; Laws 1981, chapter 358,
article VII, section 29, as amended; and Laws 1982,
chapter 548, article III, sections 27 and 28;
proposing new law coded in Minnesota Statutes,
chapters 3; 120; 121; 122; 124; 125; 126; 129B; and
134; proposing new law coded as Minnesota Statutes,
chapter 124A; repealing Minnesota Statutes 1982,
sections 122.542; 122.90; 124.11, subdivisions 1 and
2c; 124.2123; 124.2124; 124.2125; 124.2128; 124.24;
124.251; 124.26, subdivision 4; 124.271, subdivision
5; 124.273, subdivision 1 and 2; 124.32, subdivisions
1 and 9; 124.561; 124.562; 124.5621; 124.5622;
124.5623; 124.5624; 124.5625; 124.5626; 124.5627;
124.611; 129B.09, subdivision 5; 134.03; 134.06;
134.16; 134.19; 134.352; 275.125, subdivisions 6b, 6c,
6d, 7a, and 7c; and 375.33.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
FOUNDATION AID
Section 1. Minnesota Statutes 1982, section 124.2122,
subdivision 1, is amended to read:
Subdivision 1. [FORMULA ALLOWANCE.] "Foundation aid
formula allowance" or "formula allowance" means the amount of
revenue per pupil unit used in the computation of foundation aid
for a particular school year and in the computation of
permissible levies for use in that school year. The formula
allowance shall be $1,333 for foundation aid for the 1981-1982
school year. The formula allowance shall be $1,346 for 1981
payable 1982 levies and for foundation aid for the 1982-1983
school year. The formula allowance shall be $1,475 for the 1982
payable 1983 levies and for foundation aid for the 1983-1984
school year. The formula allowance shall be $1,475 for the 1983
payable 1984 levies and for foundation aid for the 1984-1985
school year.
Sec. 2. Minnesota Statutes 1982, section 124.2122,
subdivision 2, is amended to read:
Subd. 2. [BASIC MAINTENANCE MILL RATE.] "Basic maintenance
mill rate" means the mill rate applicable to the adjusted
assessed valuation of a district, used in the computation of
basic foundation aid for a particular school year and of the
basic maintenance levy for use in that school year. The basic
maintenance mill rate shall be .021 for the 1980 payable 1981
levy and for foundation aid for the 1981-1982 school year. The
basic maintenance mill rate shall be .024 for 1981 payable 1982
levies and for foundation aid for the 1982-1983 school year.
The basic maintenance mill rate shall be .024 for the 1982
payable 1983 levies and for foundation aid for the 1983-1984
school year. A district may levy less than 24 mills. If a
district levies at least 95 percent of an amount equal to 23
mills times the adjusted assessed valuation of the district,
basic foundation aid shall be computed as though the district
had levied 24 mills times the adjusted assessed valuation of the
district. The basic maintenance mill rate shall be .024 for the
1983 payable 1984 levies and for foundation aid for the
1984-1985 school year.
Sec. 3. Minnesota Statutes 1982, section 124.2124,
subdivision 1, is amended to read:
Subdivision 1. [REPLACEMENT COMPONENTS.] (a) A district's
"fluctuating enrollment replacement component" shall equal the
amount of additional foundation aid or basic maintenance levy
revenue the district would have received for the 1980-1981
school year if declining or growing enrollment pupil units had
been used in the computation of basic foundation aid for
1980-1981 pursuant to Minnesota Statutes 1980, Section 124.212,
Subdivision 7c, Clause (1) or of the 1979 basic maintenance levy
limitation pursuant to Minnesota Statutes, 1979 Supplement,
Section 275.125, Subdivision 2b or 2c.
(b) Beginning with the aid and levy revenue for the
1983-1984 school year, in any district where the actual number
of pupil units increased from the 1979-1980 school year to the
1980-1981 school year, the district's "recomputed fluctuating
enrollment replacement component" shall equal the amount of
additional foundation aid or basic maintenance levy revenue the
district would have received for the 1980-1981 school year if
the district had qualified for the greater of either the
1980-1981 declining enrollment pupil units or the 1980-1981
growing enrollment pupil units to be used in the computation of
basic foundation aid for 1980-1981 pursuant to Minnesota
Statutes 1980, Section 124.212, Subdivision 7c, Clause (1) or of
the 1979 basic maintenance levy limitation pursuant to Minnesota
Statutes 1979 Supplement, Section 275.125, Subdivision 2b or 2c.
(c) A district's "sparsity replacement component" shall
equal the amount of additional aid the district would have
received for the 1980-1981 school year if Minnesota Statutes,
1979 Supplement, Section 124.224 had been effective for
1980-1981. Beginning with the 1983-1984 school year, for
elementary districts, the component shall equal the amount of
additional aid the district would have received for the
1980-1981 school year if pupils attending secondary school in
another district had attended a secondary school in the district
in which they reside.
(d) A district's "basic replacement entitlement" shall
equal the sum of (1) the greater of (i) its fluctuating
enrollment replacement component, or (ii) its recomputed
fluctuating enrollment replacement component, and (2) its
sparsity replacement component; divided by its total pupil units
in 1980-1981.
(e) "Replacement inflator" for any school year means the
ratio of the foundation aid formula allowance for that school
year to $1,265. However, for the 1981-1982 school year the
replacement inflator shall equal 107 percent, and for the
1982-1983 school year the replacement inflator shall equal 112
percent.
(f) A district's "replacement allowance" for each school
year shall equal its basic replacement entitlement times the
replacement inflator for that school year.
(g) A district's "replacement levy limitation" means its
levy limitation computed pursuant to section 275.125,
subdivision 6c.
Sec. 4. Minnesota Statutes 1982, section 124.2126,
subdivision 3, is amended to read:
Subd. 3. [MINIMUM AID.] A qualifying district's minimum
aid for each school year shall equal its minimum guarantee for
that school year, minus the sum of:
(1) The amount of the district's state school agricultural
tax credit aid for that school year;
(2) The amount by which property taxes of the district for
use in that school year are reduced by the homestead credit
provisions in section 273.13, subdivisions 6, 7, and 14a;
(3) The amount by which property taxes of the district for
use in that school year are reduced by the taconite homestead
credit provisions in section 273.135;
(4) The amount by which property taxes of the district for
use in that school year are reduced by the attached machinery
provisions in section 273.138, subdivision 6;
(5) The amount by which property taxes of the district for
use in that school year are reduced by the state paid wetlands
credit provisions in section 273.115;
(6) The amount by which property taxes of the district for
use in that school year are reduced by the state paid native
prairie credit provisions in section 273.116; and
(7) The amount by which property taxes of the district for
use in that school year are reduced by the credit for reduced
assessment provisions in section 273.139;
(8) The amount by which property taxes of the district for
use in that school year are reduced by the state reimbursed
disaster or emergency reassessment provisions in section
273.123; and
(9) The amount by which property taxes of the district for
use in that school year are reduced by the metropolitan
agricultural preserve provisions in section 473H.10.
Sec. 5. Minnesota Statutes 1982, section 124.2127,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION; FOUNDATION AID.] Shared time
pupils are defined as those pupils who attend public school
programs for part of the regular school day and who otherwise
fulfill the requirements of section 120.10 by attendance at a
nonpublic school.
(a) The average daily membership of a pupil enrolled on a
shared time basis shall equal the ratio of the total minutes for
which the pupil is enrolled and the minimum minutes required
during the year for a regularly enrolled public school pupil.
(b) Foundation aid for shared time pupils shall equal the
amount which would accrue if shared time pupil units, counted
pursuant to section 124.17, subdivision 1, clauses (1) and (2),
were added to the district's total pupil units used in
determining its foundation aid formula allowance times the
full-time equivalent actual pupil units for shared time pupils.
Foundation aid for shared time pupils shall be in addition to
any other aid to which the district is otherwise entitled and
shared time average daily membership shall not be used in the
computation of pupil units under section 124.17, subdivision 1,
for any purpose other than the computation of shared time
foundation aid pursuant to this subdivision.
(c) Foundation aid for shared time pupils shall be paid to
the district of the pupil's residence. If a pupil attends
shared time classes in another district, the resident district
shall pay to the district of attendance an amount of tuition
equal to the ratio in clause (a) times the amount of tuition
which would be charged and paid for a nonresident public school
pupil in a similar circumstance. The district of residence
shall not be obligated for tuition except by previous agreement.
(d) Notwithstanding the provisions of clause (c), the
resident district of a shared time pupil attending shared time
classes in another district may grant the district of
attendance, upon its request, permission to claim the pupil as a
resident for state aid purposes. In this case, state aid shall
be paid to the district of attendance and, upon agreement, the
district of attendance may bill the resident district for any
unreimbursed education costs, but not for unreimbursed
transportation costs. The agreement may, however, provide for
the resident district to pay the cost of any of the particular
transportation categories specified in section 124.225,
subdivision 1, and in this case, aid for those categories shall
be paid to the district of residence rather than to the district
of attendance.
(e) Minutes of enrollment in a public school during which a
nonpublic school pupil receives services pursuant to section
123.935 shall not be used in the computation of shared time
foundation aid pursuant to this subdivision.
Sec. 6. Minnesota Statutes 1982, section 124.2132,
subdivision 4, is amended to read:
Subd. 4. [COUNTY APPORTIONMENT DEDUCTION.] (1) The amount
of money apportioned to a school district for each school year
pursuant to section 124.10, subdivision 2, which exceeds the
amount apportioned to that district pursuant to section 124.10,
subdivision 2 for the 1976-1977 school year, shall be deducted
from the foundation aid earned by that district for the same
year.
(2) In addition to the deduction in clause (1), five-sixths
of the amount apportioned pursuant to section 124.10,
subdivision 2, shall be deducted from foundation aid for the
1981-1982 school year, but this deduction shall not exceed
five-sixths of the amount apportioned for the 1976-1977 school
year.
(3) In the 1982-1983 school year and Each school year
thereafter, the entire amount of money apportioned to a school
district for that year pursuant to section 124.10, subdivision
2, shall be deducted from the foundation aid earned by that
district for the same year.
Sec. 7. [124.2138] [REVENUE EQUITY AID SUBTRACTION.]
Subdivision 1. [BASIC MAINTENANCE LEVY EQUITY.] (1) In any
year when the amount of the maximum levy limitation for any
district under section 275.125, subdivision 2a, exceeds the
district's basic foundation revenue for the corresponding fiscal
year, an amount shall be deducted as provided in this
subdivision from special state aids of chapter 124 receivable
for the same fiscal year, and from state payments on behalf of
the district for the same fiscal year authorized in sections
354.43, subdivision 1; 354A.12, subdivision 2; and 355.46,
subdivision 3, clause (b). However, the aid authorized in
sections 124.2137 and 124.646 shall not be reduced.
(2) The amount of the deduction shall equal the difference
between:
(a) the sum of the amount of the district's maximum levy
limitation under section 275.125, subdivision 2a, plus the
amount of any reductions to that levy limitation pursuant to
section 275.125, subdivisions 2e and 9, and
(b) the district's basic foundation revenue.
However, for fiscal year 1985, the amount of the deduction
shall be one-sixth of the difference between clauses (a) and
(b); for fiscal year 1986, the amount of the deduction shall be
one-third of the difference between clauses (a) and (b); for
fiscal year 1987, the amount of the deduction shall be one-half
of the difference between clauses (a) and (b); for fiscal year
1988, the amount shall be two-thirds of the difference between
clauses (a) and (b); and for fiscal year 1989, the amount of the
deduction shall be five-sixths of the difference between clauses
(a) and (b).
Subd. 2. [TRANSPORTATION LEVY EQUITY.] (1) In any fiscal
year in which the transportation levy in a district attributable
to that fiscal year of 1.75 mills times the adjusted assessed
valuation of the district exceeds the transportation aid
computation under section 124.225, subdivisions 8b, 8i, 8j, and
8k, an amount shall be deducted as provided in this subdivision
from special state aids of chapter 124 receivable for the same
fiscal year, and from state payments on behalf of the district
for the same fiscal year authorized in sections 354.43,
subdivision 1; 354A.12, subdivision 2; and 355.46, subdivision
3, clause (b), to the extent that those special state aids and
state payments have not been reduced pursuant to subdivision 1
of this section. However, aid authorized in sections 124.2137
and 124.646 shall not be reduced.
(2) The amount of the deduction shall equal the difference
between:
(a) 1.75 mills times the adjusted assessed valuation of the
district for the levy attributable to that fiscal year, and
(b) the sum of the district's transportation aid
computation pursuant to section 124.225, subdivisions 8b, 8i,
8j, and 8k, less the amount of any aid reduction due to an
insufficient appropriation as provided in section 124.225,
subdivision 8a.
However, for fiscal year 1985, the amount of the deduction
shall be one-sixth of the difference between clauses (a) and
(b); for fiscal year 1986, the amount of the deduction shall be
one-third of the difference between clauses (a) and (b); for
fiscal year 1987, the amount of the deduction shall be one-half
of the difference between clause (a) and (b); for fiscal year
1988, the amount of the deduction shall be two-thirds of the
difference between clauses (a) and (b); and for fiscal year
1989, the amount of the deduction shall be five-sixths of the
difference between clauses (a) and (b).
Subd. 3. In any fiscal year in which the state payments on
behalf of a district authorized in sections 354.43, subdivision
1; 354A.12, subdivision 2; and 355.46, subdivision 3, clause
(b), are reduced under this section, the commissioner of
education shall certify the amounts of the required reductions
to the district. The district shall pay employer contributions
in the amount of the reduction of these payments to the
commissioner, which amount shall be placed in the general fund.
Sec. 8. [124A.01] [FOUNDATION AID COMPONENTS.]
Foundation aid shall equal the sum of the following:
(a) basic aid;
(b) cost differential tier aid;
(c) second tier aid;
(d) third tier aid;
(e) fourth tier aid;
(f) fifth tier aid;
(g) minimum aid; and
(h) shared time pupil aid.
Sec. 9. [124A.02] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purpose of this
chapter, the following terms have the meaning given them.
Subd. 2. [ACTUAL LEVY.] "Actual levy" means the amount a
district reports, according to section 275.125, subdivision 18,
to the department of education that it has levied for each tier.
Subd. 3. [PERMITTED LEVY.] "Permitted levy" means the
amount a district is permitted to levy for each tier, as
determined by the department of education according to section
275.125, subdivisions 7d and 7e.
Subd. 4. [TRAINING AND EXPERIENCE INDEX.] "Training and
experience index" means a measure of a district's teacher
training and experience relative to the education and experience
of teachers in the state. The measure shall be determined
pursuant to section 10 and according to a method published in
the Minnesota Code of Administrative Rules. The published
method shall include the data used and a reasonably detailed
description of the steps in the method. The method shall not be
subject to the provisions of chapter 14. At least biennially,
the department shall recompute the index using complete new data.
Sec. 10. [124A.04] [TRAINING AND EXPERIENCE INDEX.]
The training and experience index shall be constructed in
the following manner:
(a) The department shall construct a matrix which
classifies teachers by the extent of training received in
accredited institutions of higher education, and by the years of
experience which the district takes into account in determining
each teacher's salary.
(b) For all teachers in the state, the average salary per
full-time-equivalent shall be computed for each cell of the
matrix.
(c) For each cell of the matrix, the ratio of the average
salary in that cell to the average salary in the cell for
teachers with no prior years of experience and only a bachelor's
degree shall be computed. The department shall use statistical
methods to ensure continuously increasing ratios as cells are
higher in training or experience.
(d) The index for each district shall be equal to the
weighted average of the ratios assigned to the
full-time-equivalent teachers in each district.
Sec. 11. [124A.06] [COST DIFFERENTIAL TIER AID.]
Subdivision 1. [COST DIFFERENTIAL TIER ALLOWANCE.] "Cost
differential tier allowance" means the amount of revenue per
actual pupil unit used to compute the cost differential tier aid
for a school year and levy for use in the same school year. A
district's cost differential tier allowance shall be the result
of the following computation:
(a) Divide the amount of aid the district would have
received for the 1980-1981 school year if Minnesota Statutes,
1979 Supplement, section 124.224, as amended by section 3 of
this article, had been effective for the 1980-1981 school year
by the actual pupil units in the district in the 1980-1981
school year.
(b) Divide the formula allowance for the school year by
$1265.
(c) Multiply the result in clause (a) by the result in
clause (b).
(d) Subtract 1.25 from the training and experience index,
and multiply the difference by $300.
(e) Select the greater of the result in clause (d) or zero.
(f) Add the results of clauses (c) and (e).
Subd. 2. [COST DIFFERENTIAL TIER REVENUE.] A district's
cost differential tier revenue for each school year shall equal
the cost differential tier allowance times the actual pupil
units for that school year.
Subd. 3. [COST DIFFERENTIAL TIER AID.] A district's cost
differential tier aid shall be the result of the following
computation:
(1) Subtract the amount of the cost differential tier levy
from the amount of the cost differential tier revenue.
(2) Divide the actual cost differential tier levy by the
permitted cost differential tier levy.
(3) Multiply the result in clause (1) by the result in
clause (2).
Sec. 12. [124A.08] [SECOND TIER AID WITH 100 PERCENT
EQUALIZING FACTOR.]
Subdivision 1. [SECOND TIER ALLOWANCE.] "Second tier
allowance" means the amount of revenue per actual pupil unit
used to compute the second tier aid for a particular school year
and the corresponding levy for that school year. The second
tier allowance is $150.
Subd. 2. [SECOND TIER REVENUE.] A district's second tier
revenue for each school year shall equal the second tier
allowance times its actual pupil units for that school year.
Subd. 3. [SECOND TIER AID.] A district's second tier aid
shall be the result of the following computation:
(1) Subtract the amount of the second tier levy from the
amount of the second tier revenue.
(2) Divide the actual second tier levy by the permitted
second tier levy.
(3) Multiply the result in clause (1) by the result in
clause (2).
Sec. 13. [124A.10] [THIRD TIER AID WITH 75 PERCENT
EQUALIZING FACTOR.]
Subdivision 1. [THIRD TIER ALLOWANCE.] "Third tier
allowance" means the amount of revenue per actual pupil unit
used to compute the third tier aid for a particular school year
and the corresponding levy for that school year. The third tier
allowance is $100.
Subd. 2. [THIRD TIER REVENUE.] A district's third tier
revenue for each school year shall equal the third tier
allowance times its actual pupil units for that school year.
Subd. 3. [THIRD TIER AID.] A district's third tier aid
shall be the result of the following computation:
(1) Subtract the amount of the third tier levy from the
amount of the third tier revenue.
(2) Divide the actual third tier levy by the permitted
third tier levy.
(3) Multiply the result in clause (1) by the result in
clause (2).
Sec. 14. [124A.12] [FOURTH TIER AID WITH 50 PERCENT
EQUALIZING FACTOR.]
Subdivision 1. [FOURTH TIER ALLOWANCE.] "Fourth tier
allowance" means the amount of revenue per actual pupil unit
used to compute the fourth tier aid for a particular school year
and the corresponding levy for that school year. The fourth
tier allowance is $100.
Subd. 2. [FOURTH TIER REVENUE.] A district's fourth tier
revenue for each school year shall equal the fourth tier
allowance times its actual pupil units for that school year.
Subd. 3. [FOURTH TIER AID.] A district's fourth tier aid
shall be the result of the following computation:
(1) Subtract the amount of the fourth tier levy from the
amount of the fourth tier revenue.
(2) Divide the actual fourth tier levy by the permitted
fourth tier levy.
(3) Multiply the result in clause (1) by the result in
clause (2).
Sec. 15. [124A.14] [FIFTH TIER AID WITH 50 PERCENT
EQUALIZING FACTOR.]
Subdivision 1. [FIFTH TIER ALLOWANCE.] "Fifth tier
allowance" means the amount of revenue per actual pupil unit
used to compute the fifth tier aid for a particular school year
and the corresponding levy for that school year. The fifth tier
allowance shall equal the result of the following computation:
(a) Determine the revenue the district would have received
for the 1984-1985 school year from grandfather revenue,
replacement revenue, and low fund balance revenue, if the
provisions of Minnesota Statutes 1982, sections 124.2123,
124.2124, and 124.2128 had been effective for the 1984-1985
school year.
(b) Determine the discretionary revenue the district would
have received for the 1984-1985 school year if the provisions of
Minnesota Statutes 1982, section 124.2125 had been effective for
the 1984-1985 school year. Assume the district had been
entitled to and had levied the maximum allowable under section
275.125, subdivisions 7a, and no aid or levy reductions were
made according to section 275.125, subdivision 7c.
(c) Determine the amount of revenue equal to $25 times the
total pupil units in the 1984-1985 school year.
(d) Add the results in clauses (a), (b), and (c).
(e) Determine the estimated revenue the district would
receive for the 1984-1985 school year from the first to fourth
tier revenue for the 1984-1985 school year.
(f) Subtract the result of clause (e) from the result of
clause (d).
(g) Divide the amount in clause (f) by the 1984-1985 actual
pupil units.
Subd. 2. [FIFTH TIER REVENUE.] A district's fifth tier
revenue for each school year shall equal the fifth tier
allowance times its actual pupil units for that school year.
Subd. 3. [FIFTH TIER AID.] A district's fifth tier aid
shall be the result of the following computation:
(1) Subtract the amount of the fifth tier levy from the
amount of the fifth tier revenue.
(2) Divide the actual fifth tier levy by the permitted
fifth tier levy.
(3) Multiply the result in clause (1) by the result in
clause (2).
Sec. 16. [124A.16] [COMMENCEMENT OF TIER REVENUE.]
Subdivision 1. [TOTAL TIER ALLOWANCE.] "Total tier
allowance" shall mean the sum of the allowances from the tiers
specified in sections 11, 12, 13, 14, and 15.
Subd. 2. [PREVIOUS FORMULA AMOUNT.] "Previous formula
amount" shall mean the revenue per actual pupil unit from the
previous formula as specified in section 15, subdivision 1,
clauses (a) and (b).
Subd. 3. [MINIMUM INCREASE.] "Minimum increase" shall mean
the amount equal to $25 times the total pupil units in the
1984-1985 school year, divided by the actual pupil units in the
1984-1985 school year.
Subd. 4. The total revenue per actual pupil unit permitted
from the tiers specified in sections 11, 12, 13, 14, and 15
shall equal the sum of the previous formula amount plus the
greater of:
(a) the minimum increase; or
(b) 25 percent of the difference between the total tier
allowance and the previous formula amount in the 1984-1985
school year, 50 percent of the difference in the 1985-1986
school year, 75 percent of the difference in the 1986-1987
school year, or 100 percent of the difference in the 1987-1988
school year and subsequent school years.
Subd. 5. The revenue permitted by this section shall be
accorded to the lowest numbered tiers, beginning with the cost
differential tier.
Subd. 6. The permitted total revenue per actual pupil unit
specified in subdivision 4 shall be determined prior to the
reduction according to section 275.125, subdivision 7e.
Sec. 17. Minnesota Statutes 1982, section 124.2132,
subdivision 1, is amended to read:
Subdivision 1. [UNDERLEVIES.] A district's basic
foundation, grandfather, replacement, discretionary or low fund
balance aid, as applicable, for any school year when the actual
amount of the corresponding levy for use in that year is less
than the permitted amount, shall be reduced by a percentage
equal to the difference between the actual amount and the
permitted amount, divided by the permitted amount. This
provision shall apply to basic foundation aid only for a school
year when the actual amount of the basic maintenance levy for
use in that year is less than 95 percent of the permitted amount.
Sec. 18. Minnesota Statutes 1982, section 275.125,
subdivision 2e, is amended to read:
Subd. 2e. [BASIC MAINTENANCE LEVY; DISTRICTS OFF THE
FORMULA.] (1) In any year when the amount of the maximum levy
limitation under subdivision 2a for any district, exceeds the
product of the district's foundation aid formula allowance for
the year in which the levy is recognized as revenue times the
estimated number of actual and AFDC pupil units for that
district for that school year, the levy limitation for that
district under subdivision 2a shall be limited to the greater of
the dollar amount of the levy the district certified in 1977
under Minnesota Statutes 1978, Section 275.125, subdivision 2a,
clause (1), or the following difference but not to exceed the
levy limitation under subdivision 2a:
(a) the sum of
(i) the product of the district's foundation aid formula
allowance for the school year in which the levy is recognized as
revenue, times the estimated number of actual and AFDC pupil
units for that district for that school year, plus
(ii) the amount of special state aids of chapter 124
receivable for the same school year, excluding aid authorized in
sections 124.2137 and 124.646, plus
(iii) the amount of state payments on behalf of the
district for the same school year authorized in sections 354.43,
subdivision 1; 354A.12, subdivision 2; and 355.46, subdivision
3, clause (b), less
(b) the estimated amount of any payments which would reduce
the district's foundation aid entitlement as provided in section
124.2132, subdivision 4 in the school year in which the levy is
recognized as revenue.
(1) However, for fiscal year 1985, the amounts in clauses
(a)(ii) and (a)(iii) shall be multiplied by one-sixth; for
fiscal year 1986, the amounts in clauses (a)(ii) and (a)(iii)
shall be multiplied by one-third; for fiscal year 1987, the
amounts in clauses (a)(ii) and (a)(iii) shall be multiplied by
one-half; for fiscal year 1988, the amounts in clauses (a)(ii)
and (a)(iii) shall be multiplied by two-thirds; and for fiscal
year 1989, the amounts in clauses (a)(ii) and (a)(iii) shall be
multiplied by five-sixths.
(2) A levy made by a district pursuant to this subdivision
shall be construed to be the levy made by that district pursuant
to subdivision 2a, for purposes of statutory cross-reference.
Sec. 19. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 7d. [TIER LEVIES.] (1) [COST DIFFERENTIAL TIER
LEVY.] In 1983 and each year thereafter, a district may levy for
its cost differential tier revenue an amount not to exceed the
lesser of its cost differential tier revenue or the result of
the following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by the equalizing
factor for the school year to which the levy is attributable.
(iii) Multiply the result in clause (ii) by the district's
cost differential tier revenue for the school year to which the
levy is attributable.
(2) [SECOND TIER LEVY.] In 1983 and each year thereafter, a
district may levy for its second tier revenue an amount not to
exceed the lesser of its second tier revenue or the result of
the following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by the equalizing
factor for the school year to which the levy is attributable.
(iii) Multiply the result in clause (ii) by the district's
second tier revenue for the school year to which the levy is
attributable.
(3) [THIRD TIER LEVY.] In 1983 and each year thereafter, a
district may levy for its third tier revenue an amount not to
exceed the lesser of its third tier revenue or the result of the
following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by 75 percent of the
equalizing factor for the school year to which the levy is
attributable.
(iii) Multiply the result in clause (ii) by the district's
third tier revenue for the school year to which the levy is
attributable.
(4) [FOURTH TIER LEVY.] In 1983 and each year thereafter, a
district may levy for its fourth tier revenue an amount not to
exceed the lesser of its fourth tier revenue or the result of
the following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by 50 percent of the
equalizing factor for the school year to which the levy is
attributable.
(iii) Multiply the result in clause (ii) by the fourth tier
revenue for the school year to which the levy is attributable.
(5) [FIFTH TIER LEVY.] In 1983 and each year thereafter, a
district may levy for its fifth tier revenue an amount not to
exceed the lesser of its fifth tier revenue or the result of the
following computation:
(i) Divide the adjusted assessed valuation for the year
preceding the year the levy is certified, by the total pupil
units for the year to which the levy is attributable.
(ii) Divide the result in clause (i) by 50 percent of the
equalizing factor for the school year to which the levy is
attributable.
(iii) Multiply the result in clause (ii) by the fifth tier
revenue for the school year to which the levy is attributable.
Sec. 20. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 7e. [SECOND TIER LEVY FUND BALANCE.] Beginning with
the 1983 payable 1984 levy, for a district where the net
unappropriated operating fund balance as of the June 30 before
the levy is certified exceeds $500 per total pupil unit in the
year when the levy is certified, the second tier levy shall be
reduced by the amount of the excess times the lesser of (a) one,
or (b) the ratio of the district's EARC valuation for the
preceding year per total pupil unit in the school year for which
the levy is attributable, to the equalizing factor. Beginning
with the 1984-1985 school year, the second tier aid for the year
when that levy is used shall be reduced by any amount of the
excess which is not subtracted from the levy.
Sec. 21. Minnesota Statutes 1982, section 275.125,
subdivision 9, is amended to read:
Subd. 9. [LEVY REDUCTIONS; TACONITE.] (1) Reductions in
levies pursuant to subdivision 10 of this section, and section
273.138, shall be made prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary,
districts which received payments pursuant to sections 294.21 to
294.26; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396;
298.405; 298.51 to 298.67; 477A.15; and any law imposing a tax
upon severed mineral values, or under any other law distributing
proceeds in lieu of ad valorem tax assessments on copper or
nickel properties, or recognized revenue pursuant to section
477A.15; shall not include a portion of these aids in their
permissible levies pursuant to those sections, but instead shall
reduce the permissible levies authorized by this section by the
greater of the following:
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized pursuant to section 477A.15 in the previous
fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized pursuant to section 477A.15 in the previous fiscal
year less the product of the same dollar amount of payments or
revenue times the ratio of the maximum levy allowed the district
under subdivision 2a, to the total levy allowed the district
under this section in the year in which the levy is certified.
(3) No reduction pursuant to this subdivision shall reduce
the levy made by the district pursuant to subdivision 2a, to an
amount less than the amount raised by a levy of ten 12.5 mills
times the adjusted assessed valuation of that district for the
preceding year as determined by the equalization aid review
committee. The amount of any increased levy authorized by
referendum pursuant to subdivision 2d shall not be reduced
pursuant to this subdivision. The amount of any levy authorized
by subdivision 4, to make payments for bonds issued and for
interest thereon, shall not be reduced pursuant to this
subdivision. The amount of any levy authorized by subdivision
7a shall not be reduced pursuant to this subdivision.
(4) Before computing the reduction pursuant to this
subdivision of the capital expenditure levy authorized by
subdivision 11a, and the community service levy authorized by
subdivision 8, the commissioner shall ascertain from each
affected school district the amount it proposes to levy for
capital expenditures pursuant to subdivision 11a and for
community services pursuant to subdivision 8. The reduction of
the capital expenditure levy and the community services levy
shall be computed on the basis of the amount so ascertained.
(5) Notwithstanding any law to the contrary, any amounts
received by districts in any fiscal year pursuant to sections
294.21 to 294.26; 298.23 to 298.28; 298.34 to 298.39; 298.391 to
298.396; 298.405; 298.51 to 298.67; or any law imposing a tax on
severed mineral values, or under any other law distributing
proceeds in lieu of ad valorem tax assessments on copper or
nickel properties; and not deducted from foundation aid pursuant
to section 124.2132, subdivision 5, clause (2), and not applied
to reduce levies pursuant to this subdivision shall be paid by
the district to the commissioner of finance in the following
amount on the designated date: on or before by March 15 of each
year, 100 percent of the amount required to be subtracted from
the previous fiscal year's foundation aid pursuant to section
124.2128 124.2132, subdivision 5, which is in excess of the
foundation aid earned for that fiscal year. The commissioner of
finance shall deposit any amounts received pursuant to this
clause in the taconite property tax relief fund in the state
treasury, established pursuant to section 16A.70 for purposes of
paying the taconite homestead credit as provided in section
273.135.
Sec. 22. [INSTRUCTION TO THE REVISOR.]
In the next method of updating Minnesota Statutes, the
revisor of statutes, in consultation with the education staff of
house research and senate research and counsel, is requested to
codify the appropriate provisions of this act, appropriate parts
of section 275.125, and the sections of chapter 124 relating to
foundation aids in a chapter of Minnesota Statutes.
Sec. 23. [REPEALER.]
Subdivision 1. Minnesota Statutes 1982, sections 124.11,
subdivision 1 and 275.125, subdivisions 6b, 6c, 6d, 7a, and 7c
are repealed.
Subd. 2. Minnesota Statutes 1982, sections 124.2123;
124.2124; 124.2125; and 124.2128 are repealed.
Subd. 3. [EFFECT.] The repeal of these sections shall not
affect the right of a school district to receive nor the
obligation of the commissioner of education to pay aids
attributable to the 1983-1984 school year and payable in fiscal
year 1985 pursuant to the sections repealed.
Sec. 24. [APPROPRIATION.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [FOUNDATION AID.] For foundation aid there is
appropriated:
$585,027,000.....1984,
$555,591,000.....1985.
The appropriation for 1984 includes $84,895,000 for aid for
fiscal year 1983 payable in fiscal year 1984, and $500,132,000
for aid for fiscal year 1984 payable in fiscal year 1984.
The appropriation for 1985 includes $89,315,000 for aid for
fiscal year 1984 payable in fiscal year 1985, and $466,276,000
for aid for fiscal year 1985 payable in fiscal year 1985.
Subd. 3. [CANCELLATION.] Any unexpended balance remaining
from the appropriations in this section for 1984 shall cancel
and shall not be available for the second year of the biennium.
None of the amounts appropriated in this section shall be
expended for a purpose other than the purpose indicated.
Sec. 25. [EFFECTIVE DATE.]
Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, and 23,
subdivision 2, are effective July 1, 1984.
ARTICLE 2
TRANSPORTATION AID
Section 1. Minnesota Statutes 1982, section 123.37,
subdivision 1b, is amended to read:
Subd. 1b. [TRANSPORTATION; FUEL.] Notwithstanding the
provisions of subdivision 1 or section 471.345, a contract for
the transportation of school children, or a contract for the
purchase, by June 30, 1983, of petroleum heating fuel or fuel
for district owned vehicles may be made by direct negotiation,
by obtaining two or more written quotations for the service when
possible, or upon sealed bids. At least 30 days before awarding
a directly negotiated contract, the school district shall, by
published notice, request quotations for the service to be
provided. All quotations obtained shall be kept on file for a
period of at least one year after receipt thereof. If a contract
is made by direct negotiation, negotiations all quotations shall
be open to the public information. If a contract is made upon
sealed bids, the procedure for advertising and awarding bids
shall conform to the provisions of subdivision 1 except as
otherwise provided in this subdivision.
Notwithstanding the provisions of subdivision 1 or section
574.26, a performance bond shall be required of a contractor on
a contract for the transportation of school children only when
and in the amount deemed necessary by and at the discretion of
the school board.
Sec. 2. Minnesota Statutes 1982, section 124.225, is
amended to read:
124.225 [TRANSPORTATION AID ENTITLEMENT.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the terms defined in this subdivision have the meanings
given to them.
(a) "FTE" means a transported full time equivalent pupil
whose transportation is authorized for aid purposes by section
124.223.
(b) "Authorized cost for regular transportation" means the
sum of:
(1) all expenditures for transportation in the regular
category, as defined in clause (e)(1), for which aid is
authorized in section 124.223, plus
(2) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a
straight line basis at the rate of 12-1/2 percent per year of
the cost of the fleet, plus
(3) an amount equal to one year's depreciation on district
school buses reconditioned by the department of corrections
computed on a straight line basis at the rate of 33-1/3 percent
per year of the cost to the district of the reconditioning, plus
(4) beginning in fiscal year 1984, an amount equal to one
year's depreciation on the district's type three school buses,
as defined in section 169.44, subdivision 15, which were
purchased after July 1, 1982 for authorized transportation of
pupils, with the prior approval of the commissioner, computed on
a straight line basis at the rate of 20 percent per year of the
cost of the type three school buses.
(c) "Adjusted authorized predicted cost per FTE" means the
authorized cost predicted by a multiple regression formula
determined by the department of education, and adjusted pursuant
to subdivision 7a.
(d) "Aid entitlement per FTE" means the adjusted authorized
predicted cost per FTE, inflated pursuant to subdivision 7b.
(e) "Transportation category" means a category of
transportation service provided to pupils. Each category
includes transportation provided during the regular school year
and in conjunction with a state board approved summer school
program. For purposes of this section, transportation
categories are as follows:
(1) Regular transportation is transportation services
provided under section 124.223, clauses (1) and (2), excluding
transportation between schools under section 124.223, clause (1);
(2) During-day transportation is transportation services
between schools provided under section 124.223, clause (1), and
transportation services provided under section 124.223, clauses
(3) and (9), and transportation services provided under section
124.223, clause (6), excluding transportation provided for
pupils attending shared time special education classes;
(3) Handicapped transportation is transportation services
for pupils attending shared time special education classes
provided under section 124.223, clause (6), and transportation
services provided under section 124.223, clause (4), excluding
board and lodging and excluding transportation to and from board
and lodging facilities;
(4) Board and lodging is services provided, in lieu of
transportation, under section 124.223, clauses (4) and (5);
(5) To and from board and lodging facility transportation
is transportation services to and from board and lodging
facilities provided under section 124.223, clauses (4) and (7);
(6) Nonpublic health, guidance and counseling
transportation is transportation services provided under section
124.223, clause (10).;
(7) Nonregular transportation is transportation services
provided between schools under section 124.223, clause (1); and
transportation services provided under section 124.223, clauses
(3), (4), (5), (6), (7), (9), and (10).
(f) "Pupil weighting factor" means the ratio of the actual
district average cost per FTE in a particular transportation
category in the base year to the actual district average cost
per FTE in the regular transportation category in the base year.
(g) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(h) "Mobile unit" means a vehicle or trailer designed to
provide facilities for educational programs and services,
including diagnostic testing, guidance and counseling services
and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123.932,
subdivision 9.
(i) "Percent excess handicapped FTE's transported" means
the result of the following computation for the current year:
one, minus the product of
(1) the ratio of the number of FTE pupils transported in
the handicapped category in the state to the number of FTE
pupils transported in the handicapped category in the district;
times
(2) the ratio of the number of FTE pupils transported in
the regular category in the district to the number of FTE pupils
transported in the regular category in the state.
(j) "Current year" means the school year for which aid will
be paid.
(k) "Base year" means the second school year preceding the
school year for which aid will be paid.
(l) "Base cost" means the authorized regular transportation
cost per FTE in the base year in the regular transportation
category, excluding summer school transportation.
(m) "Predicted base cost" means the base cost as predicted
by subdivision 3.
Subd. 1a. [WEIGHTING FACTORS.] For each school year, in
computing transportation aid, the department of education shall
establish as needed the pupil weighting factors for each
transportation category for each district using transportation
cost data for the second prior school year. The department
shall use the statewide pupil weighting factor for any
transportation category for which a district had no experience
during the second prior school year.
Subd. 3. [FORMULA.] For each school year, the state shall
pay to each school district for all pupil transportation and
related services for which the district is authorized by law to
receive state aid an amount determined according to this
section. The department of education shall conduct multiple
regression analysis using the terms specified in subdivision 4a,
for the 1982-1983 and 1983-1984 school years, and using the
terms specified in subdivision 4b for the 1984-1985 school year
and each school year thereafter to predict the base cost for
each district. Each year a formula shall be derived based upon
the regression analysis, but excluding the factors factor
described in subdivision 4a, clauses (8), clause (9), and (10),
except that in the 1982-1983 formula for the 1983-1984 school
year, these clauses shall not be excluded. This Each year the
formula shall be used to determine a predicted base cost for
each district. The amount determined for each district shall be
adjusted according to the provisions of subdivisions 7a and 7b.
Subd. 4a. [FORMULA TERMS, 1983-1984.] To predict the base
cost for each district pursuant to subdivision 3 for the
1983-1984 school year, the multiple regression formula shall use
the following terms for each district:
(1) The district's average daily membership;
(2) The reciprocal of the district's average daily
membership;
(3) The logarithm of the number of authorized FTE's per
square mile transported by the district in the regular
transportation category;
(4) The percentage of the district's square mile area which
is classified by the commissioner of energy, planning and
development as water-covered, marshland, or extractive;
(5) (4) The district's administrative overhead for
transportation per authorized FTE transported in the regular
transportation category;
(6) (5) The number of schools to which pupils are
transported in the regular transportation category, either
within or outside the district, divided by the number of
authorized FTE's transported in the regular transportation
category;
(7) (6) Whether the district is non-rural, based upon
criteria established by the department of education;
(8) (7) Whether the district contracts for bus service, or
transports pupils only on district-owned buses;
(9) (8) The percentage of all regular transportation
category bus routes using buses that are not owned by the
district, if that percentage is not 100 percent;
(10) (9) Whether the district operates a special bus to
transport pupils to home from school who are involved in
after-school activities.
Subd. 4b. [FORMULA TERMS, 1984-1985 AND AFTER.] To predict
the logarithm of the base cost for each district pursuant to
subdivision 3 for the 1984-1985 school year and each year
thereafter, the multiple regression formula shall use the
following terms for each district:
(1) The logarithm of the lesser of (a) the number of
authorized FTE's per square mile transported by the district in
the regular transportation category, or (b) 200;
(2) Whether the district is non-rural, based upon criteria
established by the department of education; and
(3) The logarithm of the percentage of all FTE's
transported in the regular category using buses that are not
owned by the district.
Subd. 7a. [BASE YEAR SOFTENING FORMULA.] (1) Each
district's predicted base cost determined for each school year
according to subdivision 3 shall be averaged with the base cost
for that district for that year to determine the district's
adjusted authorized predicted cost per FTE for that year.
(2) Notwithstanding clause (1), For fiscal year 1983, the
each district's predicted base cost determined according to
subdivision 3 shall be adjusted as provided in this clause to
determine adjusted authorized predicted cost per FTE for the
base school year.
(a) If the predicted base cost exceeds the base cost, the
predicted base cost shall be decreased by 50 percent of the
first $40 of difference between the base cost and the predicted
base cost; 70 percent of the next $40 of difference; and 90
percent of any difference which exceeds $80, to determine the
adjusted authorized predicted cost per FTE.
(b) If the predicted base cost is less than the base cost,
the predicted base cost shall be increased by 50 percent of the
first $40 of difference between the base cost and the predicted
base cost; 70 percent of the next $40 of difference; and 90
percent of any difference which exceeds $80, to determine the
adjusted authorized predicted cost per FTE.
(2) For fiscal year 1984 and each year thereafter, each
district's predicted base cost determined for each school year
according to subdivision 3 shall be adjusted as provided in this
clause to determine the district's adjusted authorized predicted
cost per FTE for that year.
(a) If the base cost of the district is within five percent
of the predicted base cost, the district's adjusted authorized
predicted cost per FTE shall be equal to the base cost.
(b) If the base cost of the district is more than five
percent greater than the predicted base cost, the district's
adjusted authorized predicted cost per FTE shall be equal to 105
percent of the predicted base cost, plus 40 percent of the
difference between (i) the base cost, and (ii) 105 percent of
the predicted base cost. However, in no case shall a district's
adjusted authorized predicted cost per FTE be less than 80
percent of base cost.
(c) If the base cost of the district is more than five
percent less than the predicted base cost, the district's
adjusted authorized predicted cost per FTE shall be equal to 95
percent of the predicted base cost, minus 40 percent of the
difference between (i) 95 percent of predicted base cost, and
(ii) the base cost. However, in no case shall a district's
adjusted authorized predicted cost per FTE be more than 120
percent of base cost.
Subd. 7b. [INFLATION FACTORS.] The adjusted authorized
predicted cost per FTE determined for a district under
subdivision 7a for the base year shall be increased by 22
percent to determine the district's aid entitlement per FTE for
the 1982-1983 school year, by 11.7 percent to determine the
district's aid entitlement per FTE for the 1983-1984 school
year, and by 10.3 percent to determine the district's aid
entitlement per FTE for the 1984-1985 school year.
Subd. 8a. [AID.] For the 1982-1983 and 1983-1984 school
years, a district's transportation aid shall be equal to the sum
of its basic transportation aid pursuant to subdivision 8b, its
excess handicapped transportation aid pursuant to subdivision
8c, its handicapped board and lodging aid pursuant to
subdivision 8d, its to and from board and lodging aid pursuant
to subdivision 8e, its nonpublic support services transportation
aid pursuant to subdivision 8f, its during-day transportation
aid pursuant to subdivision 8g, and its closed-school
transportation aid pursuant to subdivision 8h, minus the amount
raised by two mills times the adjusted assessed valuation which
is used to compute the transportation levy limitation for the
levy attributable to that school year. For the 1983-1984 school
year transportation aid for a district which contracted for
pupil transportation services in the 1981-1982 school year shall
be reduced by an amount equal to $18 times the number of FTE
pupils transported on contracted school buses in the base year
in the regular transportation category. A district may levy
less than the amount raised by two mills. Transportation aid
shall be computed as if the district had levied the amount
raised by two mills. If the total appropriation for
transportation aid in any fiscal year after 1982 is insufficient
to pay all districts the full amount of aid earned, the
department of education shall reduce each district's aid in
proportion to the number of resident pupils in average daily
membership in the district to the state total average daily
membership, and shall reduce the aid entitlement of off-formula
districts in the same proportion. Aid for the 1982-1983 and
1983-1984 school years shall also be reduced by the following
amount: the product of
(a) the number of nonhandicapped secondary pupils
transported in the base year who live between one and two miles
from the public school which they could attend or the nonpublic
school actually attended, times
(b) 1.5, divided by the average distance to school for all
FTE's transported in the district in the regular transportation
category in the base year, times
(c) the district's aid entitlement per FTE determined
according to subdivision 7b, times the ratio of average daily
membership used in subdivision 8b.
For the 1984-1985 school year and thereafter, a district's
transportation aid shall be equal to the sum of its basic
transportation aid pursuant to subdivision 8b, its nonregular
transportation aid pursuant to subdivision 8i, and its
nonregular transportation levy equalization aid pursuant to
subdivision 8j, minus its contracted services and reduction
pursuant to subdivision 8k, minus the amount raised by 1.75
mills times the adjusted assessed valuation which is used to
compute the transportation levy limitation for the levy
attributable to that school year. A district may levy less than
the amount raised by 1.75 mills. Transportation aid shall be
computed as if the district had levied the amount raised by 1.75
mills.
If the total appropriation for transportation aid for any
fiscal year is insufficient to pay all districts the full amount
of aid earned, the department of education shall reduce each
district's aid in proportion to the number of resident pupils in
average daily membership in the district to the state total
average daily membership, and shall reduce the aid entitlement
of off-formula districts in the same proportion.
Subd. 8b. [BASIC AID COMPUTATION.] For the 1982-1983 and
1983-1984 school years, a district's basic transportation aid
pursuant to this section for the school year shall equal the
district's aid entitlement per FTE determined according to
subdivision 7b times the total number of authorized weighted
FTE's transported in the regular and handicapped transportation
categories in the district in the base year times the ratio of
average daily membership in the district in the current year to
the average daily membership in the district in the base year.
For the 1984-1985 school year and thereafter, a district's
basic transportation aid pursuant to this section for each
school year shall equal the district's aid entitlement per FTE
determined according to subdivision 7b times the total number of
authorized FTE's transported in the regular and handicapped
categories category in the district in the current school year.
Subd. 8c. [EXCESS HANDICAPPED AID.] (a) For each the
1982-1983 and 1983-1984 school year years, the state shall pay
aid for the excess costs of providing transportation for
handicapped students as provided in this subdivision to a
district where, in the current school year, the ratio of FTE's
transported in the handicapped category to the total number of
FTE's transported in the regular transportation category exceeds
the same ratio for the state as a whole.
(b) This aid shall equal:
the product of the percent excess handicapped FTE's
transported, times the difference between
(1) the district's actual cost for transportation of all
pupils in the handicapped category in the current year, and
(2) the product of
(i) the district's aid entitlement per FTE determined
according to subdivision 7b, times
(ii) the number of FTE's transported in the handicapped
category in the district in the current year.
Provided that for the 1982-1983 and 1983-1984 school years,
the number in (2)(ii) above shall be replaced by the following
computation: the product of the number of FTE's transported in
the handicapped category in the district in the base year, times
its pupil weighting factor for the handicapped category, times
the ratio of average daily membership in the district in the
current year to average daily membership in the district in the
base year.
Excess handicapped transportation aid authorized in this
subdivision shall not be paid after the 1983-1984 school year.
Subd. 8d. [HANDICAPPED BOARD AND LODGING AID.] For board
and lodging of handicapped pupils, each district shall receive
aid equal to the product of the number of FTE pupils boarded and
lodged in the current year in the district in this
transportation category, times the average of
(a) the state average board and lodging cost per FTE pupil
boarded and lodged in the base year, times the inflation factor
for that year prescribed in subdivision 7b; and
(b) the district's actual cost per FTE pupil boarded and
lodged in the current year.
Aid for board and lodging of handicapped pupils authorized
in this subdivision shall not be paid after the 1983-1984 school
year.
Subd. 8e. [TO AND FROM BOARD AND LODGING.] For
transportation of handicapped pupils to and from board and
lodging facilities, the state shall pay aid to each district for
each year equal to the lesser of
(a) the sum of the distance in miles from the home of each
pupil transported in this category to the board and lodging
facility, times 36, times 24 cents; or
(b) the average of the amount in (a) and the district's
actual cost for all transportation in this category in the
current year.
Aid for transportation of handicapped pupils to and from
board and lodging facilities authorized in this subdivision
shall not be paid after the 1983-1984 school year.
Subd. 8f. [NONPUBLIC SUPPORT SERVICES AID.] For the
1982-1983 and 1983-1984 school years, a district's nonpublic
support services transportation aid shall equal the district's
aid entitlement per FTE determined according to subdivision 7b,
times its pupil weighting factor for the nonpublic support
services transportation category, times the number of FTE pupils
transported in the nonpublic support services category in the
district in the base year, times the ratio of average daily
membership in the district in the current year to average daily
membership in the district in the base year. For the 1984-1985
school year and thereafter, a district's nonpublic support
services transportation aid shall equal the district's aid
entitlement per FTE determined according to subdivision 7b,
times its pupil weighting factor for the nonpublic support
services transportation category, times the number of FTE's
transported in that category in the current year.
Nonpublic support services aid authorized in this
subdivision shall not be paid after the 1983-1984 school year.
Subd. 8g. [DURING-DAY TRANSPORTATION AID.] For the
1982-1983 and 1983-1984 school years, a district's during-day
transportation aid shall equal the district's aid entitlement
per FTE determined according to subdivision 7b, times its pupil
weighting factor for the during-day transportation category,
times the number of FTE's transported in the during-day
transportation category in the base year, times the ratio of
average daily membership in the district in the current year to
average daily membership in the district in the base year. For
the 1984-1985 school year and thereafter, a district's
during-day transportation aid shall equal the district's aid
entitlement per FTE determined according to subdivision 7b,
times its pupil weighting factor for the during-day
transportation category, times the number of FTE's transported
in the during-day transportation category in the current year.
During-day transportation aid authorized in this
subdivision shall not be paid after the 1983-1984 school year.
Subd. 8h. [CLOSED-SCHOOL TRANSPORTATION AID.] For the
1982-1983 and 1983-1984 school years, a district's closed-school
transportation aid shall equal the district's aid entitlement
per FTE determined according to subdivision 7b, times the number
of authorized FTE's transported in the regular category in the
current school year who were not transported in the base year
and would not have been transported in the current year but for
school closings or altered school attendance boundaries. The
total amount of transportation aid computed pursuant to this
subdivision in each year shall not exceed $2,000,000. If this
amount is insufficient to pay each qualifying district its full
amount of aid pursuant to this subdivision, this amount shall be
prorated among all qualifying districts in proportion to each
district's number of FTE's for whom aid is claimed under this
subdivision.
Closed-school transportation aid authorized in this
subdivision shall not be paid after the 1983-1984 school year.
Subd. 8i. [NONREGULAR TRANSPORTATION AID.] For the
1984-1985 school year and each year thereafter, a district's
nonregular transportation aid shall be determined pursuant to
this subdivision. Nonregular transportation aid shall equal (a)
20 percent of the first $10 of actual cost in the current year
for nonregular transportation services per total pupil unit,
plus 40 percent of the next $10 of actual cost in the current
year for nonregular transportation services per total pupil
unit, plus 60 percent of the actual cost in the current year for
nonregular transportation services per total pupil unit which
exceeds $20, times (b) the number of total pupil units in the
district in the current year.
Subd. 8j. [NONREGULAR TRANSPORTATION LEVY EQUALIZATION
AID.] For the 1984-1985 school year and each year thereafter, a
district's nonregular transportation levy equalization aid shall
be determined pursuant to this subdivision.
(a) Unreimbursed nonregular transportation revenue shall
equal the actual cost in the current year for nonregular
transportation services, minus the district's nonregular
transportation aid computed pursuant to subdivision 8i.
(b) The nonregular transportation levy is the levy
authorized by section 275.125, subdivision 5c.
(c) Nonregular transportation levy equalization aid for a
district shall equal the product of (1) its unreimbursed
nonregular transportation revenue, minus the nonregular
transportation levy limitation for that year, times (2) the
ratio of the district's actual nonregular transportation levy to
its nonregular transportation levy limitation.
Subd. 8k. [CONTRACTED SERVICES AID REDUCTION.] For the
1984-1985 school year and each year thereafter, each district's
transportation aid shall be reduced according to the provisions
of this subdivision, if the district contracted for some or all
of the transportation services provided in the regular
category. The department of education shall compute this
subtraction by conducting the multiple regression analysis
specified in subdivision 3 and computing the district's aid
under two circumstances, once including the coefficient of the
factor specified in subdivision 4b, clause (3), and once
excluding the coefficient of that factor. The aid subtraction
shall equal the difference between the district's aid computed
under these two circumstances.
Subd. 9. [DISTRICT REPORTS.] Each district shall report
data to the department as required by the department to
implement the transportation aid formula. If a district's final
transportation aid payment is adjusted after the final aid
payment has been made to all districts, the adjustment shall be
made by increasing or decreasing the district's aid for the next
fiscal year.
Subd. 10. [DEPRECIATION.] Any school district which owns
school buses or mobile units shall transfer annually from the
unappropriated fund balance account in its transportation fund
to the appropriated fund balance account for bus purchases in
its transportation fund at least an amount equal to 12-1/2
percent of the original cost of each type one or type two bus or
mobile unit until the original cost of each type one or type two
bus or mobile unit is fully amortized, plus 20 percent of the
original cost of each type three bus included in the district's
authorized cost under the provisions of subdivision 1, clause
(b)(4), until the original cost of each type three bus is fully
amortized, plus 33-1/3 percent of the cost to the district as of
July 1 of each year for school bus reconditioning done by the
department of corrections until the cost of the reconditioning
is fully amortized; provided, if the district's transportation
aid is reduced pursuant to subdivision 8a because the
appropriation for that year is insufficient, this amount shall
be reduced in proportion to the reduction pursuant to
subdivision 8a as a percentage of the sum of
(1) the district's total transportation aid without the
reduction pursuant to subdivision 8a, plus
(2) for fiscal years 1983 and 1984, an amount equal to two
mills times the adjusted assessed valuation of the district
which is used to compute the levy limitation for the levy
attributable to that year, or for fiscal year 1985 and
thereafter 1.75 mills times the adjusted assessed valuation of
the district for the preceding year. Any school district may
transfer any amount from the unappropriated fund balance account
in its transportation fund to any other operating fund or to the
appropriated fund balance account for bus purchases in its
transportation fund.
Subd. 11. [PAYMENT SCHEDULE THROUGH 1982.] Except as may
be otherwise authorized by the commissioner to accommodate a
flexible school year program, for fiscal years through 1982, the
state shall pay to each school district 30 percent of its
estimated school transportation aid for the fiscal year on or
before each of the following dates: August 31, December 31, and
March 31. The final aid distribution to each district shall be
made on or before October 31 of the following fiscal year.
Subd. 12. [PAYMENT SCHEDULE.] Except as may be otherwise
authorized by the commissioner to accommodate a flexible school
year program, starting in fiscal year 1983, the state shall pay
each school district its estimated school transportation aid for
the fiscal year according to the following schedule: 30 percent
by August 31; 30 percent by December 31; and 25 percent by March
31. The final aid distribution to each district shall be made
by October 31 of the following fiscal year.
Sec. 3. Minnesota Statutes 1982, section 275.125,
subdivision 5, is amended to read:
Subd. 5. [BASIC TRANSPORTATION LEVY.] For school
transportation services, a school district may levy an amount
not to exceed the amount raised by a levy of two 1.75 mills
times the adjusted assessed valuation of the taxable property of
the district for the preceding year. A district may also levy
under this subdivision for the amount necessary to eliminate any
projected deficit in the appropriated fund balance account for
bus purchases in its transportation fund as of June 30 in the
school year when the levy is recognized as revenue. A district
which contracts for pupil transportation services may also levy
an amount equal to $18 times the number of FTE pupils
transported on contracted school buses in the preceding school
year in the regular transportation category, which shall be
placed in the transportation fund and used for any lawful
purpose. A district may levy an amount equal to the estimated
cost, in the school year beginning in the year in which the levy
is certified, of transporting secondary pupils to and from
school who live more than one mile but less than two miles from
the public school which they could attend or from a nonpublic
school actually attended. A district may also levy for
transportation costs or other related services which are
necessary because of extraordinary traffic hazards for the next
school year. Levies authorized by this subdivision shall be
computed according to procedures established by the commissioner.
Sec. 4. Minnesota Statutes 1982, section 275.125,
subdivision 5b, is amended to read:
Subd. 5b. [TRANSPORTATION LEVY OFF-FORMULA ADJUSTMENT.] In
any fiscal year in which years 1983 and 1984 if the
transportation levy in a district attributable to that each
fiscal year of two mills times the adjusted assessed valuation
of the district exceeds the transportation aid computation under
section 124.225, subdivisions 8b, 8c, 8d, 8e, 8f, 8g, and 8h,
the district's transportation levy limitation shall be adjusted
as provided in this subdivision. In the year following that
each of those fiscal year years, the district's transportation
levy shall be reduced by an amount equal to the difference
between (1) two mills times the adjusted assessed valuation of
the district, and (2) the sum of the district's transportation
aid computation pursuant to section 124.225, subdivisions 8b,
8c, 8d, 8e, 8f, 8g, and 8h, less the amount of any aid reduction
due to an insufficient appropriation as provided in section
124.225, subdivision 8a.
In fiscal year 1985 and each fiscal year thereafter, if the
basic transportation levy in a district attributable to a
particular fiscal year of 1.75 mills times the adjusted assessed
valuation of the district exceeds the transportation aid
computation under section 124.225, subdivisions 8b, 8i, 8j, and
8k, the district's levy limitation shall be adjusted as provided
in this subdivision. In the year following each fiscal year,
the district's transportation levy shall be reduced by an amount
equal to the difference between (1) 1.75 mills times the
adjusted assessed valuation of the district, and (2) the sum of
the district's transportation aid computation pursuant to
section 124.225, subdivisions 8b, 8i, 8j, and 8k, and the amount
of any subtraction made from special state aids pursuant to
article 1, section 7, subdivision 2, less the amount of any aid
reduction due to an insufficient appropriation as provided in
section 124.225, subdivision 8a.
For the levies certified in 1983 and 1984, the following
additional amount shall be subtracted:
the product of
(a) the number of nonhandicapped secondary pupils
transported in the base year who live between one and two miles
from the public school which they could attend or the nonpublic
school actually attended, times
(b) 1.5, divided by the average distance to school for all
FTE's transported in the district in the regular transportation
category in the base year, times
(c) the district's aid entitlement per FTE determined
according to section 124.225, subdivision 7b, times the ratio of
average daily membership in the district in the current year to
average daily membership in the district in the base year.
Sec. 5. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 5c. [NONREGULAR TRANSPORTATION LEVY.] A school
district may also make a levy for unreimbursed nonregular
transportation costs pursuant to this subdivision. The amount
of the levy shall not exceed the product of:
(a) the district's unreimbursed nonregular transportation
revenue determined pursuant to section 124.225, subdivision 8j,
clause (a), times
(b) the lesser of
(i) one, or
(ii) the ratio of the district's adjusted assessed
valuation for the preceding year per total pupil unit in the
school year to which the levy is attributable, to the equalizing
factor for the school year to which the levy is attributable.
Sec. 6. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 5d. [EXCESS TRANSPORTATION LEVY.] A school district
may also make an excess transportation levy pursuant to this
clause, which shall be the sum of:
(a) the district's actual cost in the school year after the
year in which the excess transportation levy is certified for
transportation to and from school of secondary pupils who live
more than one mile but less than two miles from the public
school which they could attend or from a nonpublic school
actually attended, plus
(b) the district's actual cost in the school year after the
year in which the excess transportation levy is certified for
transportation costs or other related services which are
necessary because of extraordinary traffic hazards; plus
(c) the amount necessary to eliminate any projected deficit
in the appropriated fund balance account for bus purchases in
its transportation fund as of June 30 in the school year
beginning in the calendar year following the calendar year the
levy is certified; plus
(d) an amount equal to the aid subtraction computed
pursuant to section 124.225, subdivision 8k, for the school year
beginning in the year the levy is certified; except that for the
1983 payable 1984 levy, this amount shall be based upon the aid
subtraction for the 1984-1985 school year. These amounts shall
be placed in the transportation fund and used for any lawful
purpose.
Levies authorized by this subdivision shall be computed
according to procedures established by the commissioner.
Sec. 7. [ADDITIONAL TRANSPORTATION LEVIES, 1983.]
Subdivision 1. [SECONDARY PUPIL TRANSPORTATION.] In 1983
only, a district may levy an amount equal to the estimated cost,
in the school year beginning in the year in which the levy is
certified, of transporting secondary pupils to and from school
who live more than one mile but less than two miles from the
public school which they could attend or from a nonpublic school
actually attended.
Subd. 2. [UNDERLEVY MAKEUP.] Any district which in 1982
levied less than the maximum amount the district was permitted
to levy pursuant to Minnesota Statutes 1982, section 275.125,
subdivision 5, for the estimated cost of transporting secondary
pupils to and from school who live more than one mile but less
than two miles from the public school which they could attend or
from a nonpublic school actually attended, or which in 1982
levied less than $18 times the number of FTE pupils transported
on contracted school buses in the preceding school year in the
regular transportation category, may make an additional
transportation levy in 1983. The additional levy in 1983 shall
not exceed the amount by which the district's actual levy in
1982 under those provisions was less than the maximum amount the
district was permitted to levy under those provisions.
Sec. 8. [APPROPRIATIONS.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [TRANSPORTATION AID.] For transportation aid
there is appropriated:
$84,820,000..........1984,
$89,652,000..........1985.
(a) The appropriation for 1984 includes $13,471,000 for aid
for fiscal year 1983 payable in fiscal year 1984 and $71,349,000
for fiscal year 1984 payable in fiscal year 1984.
(b) The appropriation for 1985 includes $12,591,000 for aid
for fiscal year 1984 payable in fiscal year 1985 and $77,061,000
for fiscal year 1985 payable in fiscal year 1985.
(c) The appropriations are based on aid entitlements of
$83,940,000 for fiscal year 1984 and $90,660,000 for fiscal year
1985.
Subd. 3. [CANCELLATION.] Any unexpended balance remaining
from the appropriation in this section for 1984 shall cancel and
shall not be available for the second year of the biennium. None
of the amounts appropriated in this section shall be expended
for a purpose other than the purpose indicated. If the
appropriation amount attributable to either year for any
purposes indicated is insufficient, the aid for that year shall
be prorated among all qualifying districts in the manner
prescribed in Minnesota Statutes, section 124.225, subdivision
8a.
ARTICLE 3
SPECIAL EDUCATION
Section 1. Minnesota Statutes 1982, section 120.17,
subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] The state board shall
promulgate rules relative to qualifications of essential
personnel, courses of study or training, methods of instruction
and training, pupil eligibility, size of classes, rooms,
equipment, supervision, parent consultation and any other rules
and standards it deems necessary, for instruction of handicapped
children. These rules shall provide standards and procedures
appropriate for the implementation of and within the limitations
of subdivisions 3a and 3b. These rules shall also provide
standards for the discipline, control, management and protection
of handicapped children. The state board shall, according to
section 14.05, subdivision 4, notify a district applying for a
variance from the rules within 45 calendar days of receiving the
request whether the request for the variance has been granted or
denied. If a request is denied, the board shall specify the
program standards used to evaluate the request and the reasons
for denying the request.
Sec. 2. Minnesota Statutes 1982, section 124.17,
subdivision 2d, is amended to read:
Subd. 2d. [SUMMER SCHOOL MEMBERSHIP.] In summer school or
inter-session classes of flexible school year programs,
membership for pupils shall mean the number of full-time
equivalent pupils in the program. This number shall equal the
sum for all pupils of the number of classroom hours in the
programs for which each pupil is enrolled divided by 1050.
However, the number of hours for an individual pupil may not
exceed 120 or average more than six per day unless a district
obtains approval from the commissioner of education. Membership
in summer school or intersession classes of flexible school year
programs shall not include a handicapped pupil whose district of
residence has been determined by section 120.17, subdivision 8a,
and who is temporarily placed in a state institution or a
licensed residential facility for care and treatment.
Sec. 3. Minnesota Statutes 1982, section 124.201,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purposes of computing
foundation aid for handicapped pupils enrolled in summer school
and inter-session classes of flexible school year programs, the
following phrases shall have the meanings given them.
(1) "Summer school pupil units" means full-time equivalent
pupil units for summer school classes and inter-session classes
of flexible school year programs computed under the provisions
of section 124.17. Only pupils who are handicapped and who are
appropriately served at levels 4, 5, or 6 of the continuum of
placement model described in 5 MCAR 1.0120 B.11. state board
rules shall be included in the computation of summer school
pupil units.
(2) "Summer school revenue allowance" means an amount equal
to the product of the number of summer school pupil units in a
district, times the foundation aid formula allowance as defined
in section 124.2122 for the preceding regular school year.
(3) "Summer school aid" means aid for summer school and
inter-session classes of flexible school year programs.
Sec. 4. Minnesota Statutes 1982, section 124.201,
subdivision 3, is amended to read:
Subd. 3. [AID FOR 1982 SUMMER SCHOOL AID.] Each year In
fiscal year 1983 a district shall receive summer school aid for
the 1982 summer school session equal to the difference between:
(1) the product of
(a) the ratio of the district's actual levy to its
permitted levy pursuant to section 275.125, subdivision 2i
certified in the calendar year when the summer school program is
offered; times
(b) the district's summer school revenue allowance; and
(2) the levy certified by the district pursuant to section
275.125, subdivision 2i in the calendar year when the summer
school program is offered.
Sec. 5. Minnesota Statutes 1982, section 124.201, is
amended by adding a subdivision to read:
Subd. 4. [AID FOR 1983 SUMMER SCHOOL SESSION.] In fiscal
year 1984 a district shall receive summer school aid for the
1983 summer school session equal to the difference between:
(1) the product of
(a) the ratio of the district's actual levy to its
permitted levy pursuant to section 14, clause (a), of this
article certified in calendar year 1983; times
(b) the district's summer school revenue allowance; and
(2) the levy certified by the district pursuant to section
15, clause (a), of this article in calendar year 1983.
Sec. 6. Minnesota Statutes 1982, section 124.201, is
amended by adding a subdivision to read:
Subd. 5. [SUMMER SCHOOL AID.] In fiscal year 1985 and each
year thereafter, a district shall receive summer school aid
equal to the difference between:
(1) the product of
(a) the ratio of the district's actual levy to its
permitted levy, pursuant to section 15 of this article,
certified in the calendar year before the summer school program
is offered; times
(b) the district's summer school revenue allowance; and
(2) the levy certified by the district pursuant to section
15 of this article in the calendar year before the summer school
program is offered.
Sec. 7. Minnesota Statutes 1982, section 124.201, is
amended by adding a subdivision to read:
Subd. 6. [AID ADJUSTMENT.] The department of education
shall adjust the aid paid each year to reflect adjustments which
were made or could have been made to the levy because of a
difference between estimated and actual pupil membership. The
department shall also adjust levy limitations for districts
where actual pupil membership differs from estimated pupil
membership.
Sec. 8. Minnesota Statutes 1982, section 124.273,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION DATES.] (a) A district wishing to
receive aid pursuant to this section shall submit an application
by October 15, February 15, and June 15 of each year. Aid paid
pursuant to this section shall be based on the number of pupils
of limited English proficiency enrolled in the district at the
time the district submits its first application or the number of
additional such pupils enrolled at the time subsequent
applications are submitted A district shall submit an initial
application for aid by October 15 and shall submit an amended
application by February 15 or by June 15 if the number of
enrolled pupils of limited English proficiency has changed since
filing a previous application. Districts which do not submit an
initial application by October 15 but enroll pupils of limited
English proficiency after that date may submit an initial
application by February 15 or by June 15. A final report with
actual salary and enrollment information shall be submitted by
August 15 for calculation of the final payment.
(b) All applications shall be submitted to the department
in the manner prescribed by the commissioner. Each application
shall include (1) the number of pupils or additional pupils
enrolled who meet the criteria in section 126.262, subdivision
2; (2) the number, dates of hire, full time equivalency, and
salaries of essential licensed personnel or additional essential
licensed personnel employed in the district's educational
program for pupils of limited English proficiency who meet the
criteria in section 126.262, subdivision 3; and (3) any other
information deemed necessary by the commissioner to implement
this section. School districts may submit joint applications
for aid pursuant to this section and may share essential
instructional personnel employed in educational programs for
pupils of limited English proficiency.
Sec. 9. Minnesota Statutes 1982, section 124.32,
subdivision 3a, is amended to read:
Subd. 3a. [CURRENT FUNDING.] Unless otherwise specified,
the aids provided for educational programs for handicapped
children shall be paid on a current funding basis.
Sec. 10. Minnesota Statutes 1982, section 124.32,
subdivision 5, is amended to read:
Subd. 5. [RESIDENTIAL AID.] When a handicapped child is
placed in a residential facility approved by the commissioner
and established primarily to serve handicapped children and when
the child's educational program is approved by the commissioner,
the state shall pay aid to the resident district under the
provisions of this subdivision. Except for the 1982-1983
1981-1982 regular school year, the aid shall be an amount not to
exceed 60 percent of the difference between the instructional
costs charged to the resident district and the foundation aid
formula allowance, for each handicapped child placed in a
residential facility. Except for 1983 1982 summer school
programs, the aid for summer school programs for each
handicapped child placed in a residential facility shall be an
amount not to exceed 60 percent of the difference between the
instructional costs charged to the resident district and the
summer school revenue allowance in the resident district
attributable to that child. Aid for these programs shall be
paid on a reimbursement basis by October 31 following completion
of the program. No aid shall be paid pursuant to this
subdivision for tuition charged a resident district pursuant to
section 120.17, subdivision 7a, for a child placed at the
Minnesota school for the deaf or the Minnesota braille and
sight-saving school.
The following types of facilities may be approved by the
commissioner:
(a) A residential facility operated by the state or public
school district and designed to serve the low incidence
handicapped, the multiple handicapped, or the most severely
handicapped children within the state.
(b) A private, nonsectarian residential facility designed
to provide educational services for handicapped children within
the state.
(c) A state hospital or private nonsectarian residential
center designed to provide care and treatment for handicapped
children.
Sec. 11. Minnesota Statutes 1982, section 124.32,
subdivision 5a, is amended to read:
Subd. 5a. [1982-1983 1981-1982 RESIDENTIAL AID.] The aid
for the 1982-1983 1981-1982 school year shall be paid according
to subdivision 5, except that for the regular 1982-1983
1981-1982 school year the aid shall be an amount not to exceed
35.7 percent of the difference between the instructional costs
charged to the resident district and the foundation aid formula
allowance, for each handicapped child placed in a residential
facility. For summer school programs in 1983 1982, the aid for
each handicapped child placed in a residential facility shall be
an amount not to exceed 35.7 percent of the difference between
the instructional costs charged to the resident district and the
summer school revenue allowance in the resident district
attributable to that child.
Sec. 12. Minnesota Statutes 1982, section 126.54,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS; PROCEDURES.] For fiscal years 1982
and 1983, 1984, and 1985 the state board of education shall make
grants to no fewer than six school year American Indian language
and culture education programs. At least three programs shall
be in urban areas and at least three shall be on or near
reservations. The board of a local district, a participating
school or a group of boards may develop a proposal for grants in
support of American Indian language and culture education
programs. Proposals may provide for contracts for the provision
of program components by nonsectarian nonpublic, community,
tribal or alternative schools. The state board shall prescribe
the form and manner of application for grants, and no grant
shall be made for a proposal not complying with the requirements
of sections 126.45 to 126.55. The state board shall submit all
proposals to the state advisory task force on American Indian
language and culture education programs for its recommendations
concerning approval, modification, or disapproval and the
amounts of grants to approved programs.
Sec. 13. Minnesota Statutes 1982, section 275.125,
subdivision 2i, is amended to read:
Subd. 2i. [1982 HANDICAPPED SUMMER SCHOOL LEVY.] A
district may levy for the 1982 summer school programs for
handicapped pupils an amount equal to the following product:
(1) The district's summer school revenue allowance as
defined in section 124.201, subdivision 2, clause (2) for the
calendar year when the levy is certified 1982 session, times
(2) the lesser of:
(a) one, or
(b) the ratio of
(i) the quotient derived by dividing the adjusted assessed
valuation of the district in the third preceding year by the
total pupil units in the district in the preceding regular
school year, to
(ii) the equalizing factor for the preceding regular school
year.
Sec. 14. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 2j. [1983 LEVY FOR 1983 AND 1984 HANDICAPPED SUMMER
SCHOOL.] (a) In 1983 a district may levy for the 1983 summer
school program for handicapped pupils an amount equal to the
following product:
(1) the district's summer school revenue allowance as
defined in section 124.201, subdivision 2, clause (2) for the
1983 session, times
(2) the lesser of:
(i) one, or
(ii) the ratio of
(A) the quotient derived by dividing the 1980 adjusted
assessed valuation of the district by the total pupil units in
the district in the 1982-1983 school year, to
(B) the equalizing factor for the 1982-1983 school year.
(b) In addition, in 1983 a district may levy for the 1984
summer school program for handicapped pupils an amount equal to
the following product:
(1) the district's estimated summer school revenue
allowance as defined in section 124.201, subdivision 2, clause
(2), times
(2) the lesser of
(i) one, or
(ii) the ratio of
(A) the quotient derived by dividing the 1981 adjusted
assessed valuation of the district by the number of total pupil
units in the district in the 1983-1984 school year, to
(B) the equalizing factor for the 1983-1984 school year.
Sec. 15. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 2k. [HANDICAPPED SUMMER SCHOOL LEVY.] In 1984 and
each year thereafter, a district may levy for summer school
programs for handicapped pupils an amount equal to the following
product:
(a) The district's estimated summer school revenue
allowance as defined in section 124.201, subdivision 2, clause
(2) for the summer school session to be held in the calendar
year after the calendar year when the levy is certified, times
(b) the lesser of
(1) one, or
(2) the ratio of
(i) the quotient derived by dividing the adjusted assessed
valuation of the district in the second preceding year by the
total pupil units in the district in the current school year, to
(ii) the equalizing factor for the current regular school
year.
Sec. 16. Laws 1982, chapter 548, article 3, section 27, is
amended to read:
Sec. 27. [SUPERVISION.]
For the 1982-1983 and 1983-1984 school year years, the
rules on supervisory personnel of 5 MCAR 1.0122 D., D.1., D.2.,
D.3., and D.4. are suspended.
By February 1, 1983, the department of education shall
report to the education committees of the legislature regarding
the need to reinstate the rules or its recommendations for
alternative rules for supervisory personnel.
Sec. 17. Laws 1982, chapter 548, article 3, section 28, is
amended to read: .
Sec. 28. [STUDENT TO STAFF RATIOS; 1982-1983 AND 1983-1984
SCHOOL YEAR YEARS.]
For the 1982-1983 and 1983-1984 school year years, a school
district may increase the student to staff ratios established
pursuant to 5 MCAR 1.0122 C. by an amount not to exceed 20
percent. By February 1, 1983, the department shall report to
the education committees of the legislature regarding
recommendations on promulgating new student to staff rules which
provide greater flexibility to school districts and which have
cost containment features, including incentives for cooperation
among school districts.
Sec. 18. [REPEALER.]
Minnesota Statutes 1982, sections 124.273, subdivisions 1
and 2; and 124.32, subdivisions 1 and 9 are repealed.
Sec. 19. [APPROPRIATIONS.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [SPECIAL EDUCATION AID.] For special education
aid there is appropriated:
$116,905,000.....1984,
$123,266,000.....1985.
The appropriation for 1984 includes $15,148,000 for aid for
fiscal year 1983 payable in fiscal year 1984, and $101,757,000
for aid for fiscal year 1984 payable in fiscal year 1984.
The appropriation for 1985 includes $17,957,000 for aid for
fiscal year 1984 payable in fiscal year 1985 and $105,309,000
for aid for fiscal year 1985, payable in fiscal year 1985.
The appropriations are based on aid entitlements of
$119,714,000 for fiscal year 1984 and $123,893,000 for fiscal
year 1985.
Subd. 3. [SUMMER SCHOOL FOUNDATION AID.] For aid pursuant
to section 124.201, subdivision 3, for special education summer
school programs there is appropriated:
$ 621,000......1984,
$ 749,000......1985.
The appropriation for 1984 is for 1983 summer school
programs.
The appropriation for 1985 is for 1984 summer school
programs.
Subd. 4. [SUMMER SCHOOL SPECIAL EDUCATION AID.] For
special education aid for summer school programs there is
appropriated:
$4,257,000.....1984,
$4,922,000.....1985.
The appropriation for 1984 is for 1983 summer school
programs.
The appropriation for 1985 is for 1984 summer school
programs.
Subd. 5. [RESIDENTIAL FACILITIES AID.] For aid pursuant to
section 124.32, subdivision 5, there is appropriated:
$1,139,000.....1984,
$1,185,000.....1985.
Subd. 6. [LIMITED ENGLISH PROFICIENCY PUPILS PROGRAM AID.]
For aid to educational programs for pupils of limited English
proficiency pursuant to section 124.273 there is appropriated:
$2,860,000.....1984,
$3,079,000.....1985.
The appropriation for 1984 includes $380,000 for aid for
fiscal year 1983 payable in fiscal year 1984, and $2,480,000 for
aid for fiscal year 1984 payable in fiscal year 1984.
The appropriation for 1985 includes $438,000 for aid for
fiscal year 1984 payable in fiscal year 1985 and $2,641,000 for
aid for fiscal year 1985, payable in fiscal year 1985.
The appropriations are based on aid entitlements of
$2,918,000 for fiscal year 1984 and $3,107,000 for fiscal year
1985.
Subd. 7. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAM
AID.] For grants to American Indian language and culture
education programs pursuant to section 126.54, subdivision 1,
there is appropriated:
$538,000.....1984,
$565,000.....1985.
The appropriation for 1984 includes $73,000 for aid for
fiscal year 1983 payable in fiscal year 1984, and $465,000 for
aid for fiscal year 1984 payable in fiscal year 1984.
The appropriation for 1985 includes $82,000 for aid for
fiscal year 1984 payable in fiscal year 1985 and $483,000 for
aid for fiscal year 1985, payable in fiscal year 1985.
The appropriations are based on aid entitlements of
$547,000 for fiscal year 1984 and $568,000 for fiscal year 1985.
Subd. 8. [HEARING IMPAIRED SUPPORT SERVICES AID.] For
payment of support services for hearing impaired persons
pursuant to section 121.201 there is appropriated:
$42,000.....1984,
$37,000.....1985.
The appropriations are based on aid entitlements of $42,000
for fiscal year 1984 and $43,000 for fiscal year 1985.
Subd. 9. [CANCELLATION.] Any unexpended balances remaining
from the appropriations in this section for 1984 shall cancel
and shall not be available for the second year of the biennium.
None of the amounts appropriated in this section shall be
expended for a purpose other than the purpose indicated.
Subd. 10. [PRORATION.] If the appropriation amount in
subdivisions 2, 3, 4, 5, or 6 of this section attributable to
either year for the purpose indicated is insufficient, the aid
for that year shall be prorated among all qualifying districts
and the state shall not be obligated for any amount in excess of
the appropriations in this section for these purposes.
Sec. 20. [EFFECTIVE DATE.]
Sections 1, 2, 9, 10, and 11 of this article are effective
the day following final enactment.
ARTICLE 4
COMMUNITY AND ADULT EDUCATION
Section 1. Minnesota Statutes 1982, section 124.26,
subdivision 1, is amended to read:
Subdivision 1. [COMPENSATION.] For evening schools and
continuing education programs for adults established for persons
over 16 years of age and not in attendance upon regular day
schools, the state shall compensate any district maintaining
such programs in accordance with requirements established by the
state board from funds appropriated for that purpose, or such
funds combined with federal funds insofar as federal funds are
available. The state shall pay these aids on a current funding
basis. Except for the 1982-1983 school year, the portion of the
compensation from state appropriation aid shall be 90 percent of
the compensation paid each teacher for services in the programs
up to $8,000 per year based on the costs as approved in that the
current year application. Aid may also be paid for an
alternative method of providing programs if the method is
determined by the commissioner of education to be
cost-effective. Not more than two and one-half percent of the
amount appropriated for evening schools and continuing education
programs may be for alternative programs. All classes shall be
tuition free when taught by teachers subsidized under this
section. and there shall be No charge for registration,
materials and supplies may be made except a security deposit for
the return of materials, supplies, and equipment. Evening
school and continuing education programs are defined as those
public day or evening school programs which are established for
persons over 16 years of age not in attendance at the full time
elementary or secondary schools and which qualify such persons
for the high school diploma, the high school equivalency
certificate or for academic achievement at the secondary level.
Sec. 2. Minnesota Statutes 1982, section 124.271,
subdivision 2a, is amended to read:
Subd. 2a. [AID; 1984.] (1) Beginning in fiscal year 1984,
each district which is operating a community education program
in compliance with the rules promulgated by the state board and
which has levied pursuant to section 275.125, subdivision 8,
shall receive in state aid the greater of the following:
(a) $5 per capita minus the amount raised by .9 mill times
the adjusted assessed valuation used to compute the community
education levy limitation for the levy attributable to that
school year; or
(b) 75 25 cents per capita; or
(c) $7,000.
However the amount of aid shall not exceed the amount
certified, for any district which qualifies for aid under clause
(c) and which does not certify the maximum permissible levy
pursuant to section 275.125, subdivision 8, the aid shall be
reduced by multiplying the aid amount by the ratio of the
district's actual levy to its maximum permissible levy. For
purposes of computing the aid limitation pursuant to this
subdivision, the amount certified pursuant to section 275.125,
subdivision 8, shall not reflect reductions pursuant to section
275.125, subdivision 9.
(2) In addition to the amount in clause (1), in fiscal year
1984 a district which made a levy for community education
programs pursuant to section 275.125, subdivision 8, shall
receive additional aid of 25 cents per capita.
Sec. 3. Minnesota Statutes 1982, section 124.271, is
amended by adding a subdivision to read:
Subd. 2b. [AID; 1985 AND AFTER.] (1) In fiscal year 1985
and each fiscal year thereafter, each district which is
operating a community education program in compliance with rules
promulgated by the state board shall receive community education
aid in an amount equal to the difference obtained by subtracting
(a) an amount equal to .8 mill times the adjusted assessed
valuation used to compute the community education levy
limitation for the levy attributable to that school year, from
(b) the greater of
(i) $7,000, or
(ii) $5 times the population of the district.
(2) However, for any district which certifies less than the
maximum permissible levy under the provisions of section
275.125, subdivision 8, clause (4), the district's community
education aid under clause (1) of this subdivision shall be
reduced by multiplying the aid amount computed pursuant to
clause (1) of this subdivision by the ratio of the district's
actual levy under section 275.125, subdivision 8, clause (4), to
its maximum permissible levy under section 275.125, subdivision
8, clause (4). For purposes of computing the aid reduction
pursuant to this clause, the amount certified pursuant to
section 275.125, subdivision 8, clause (4), shall not reflect
reductions made pursuant to section 275.125, subdivision 9.
(3) In addition to the amount in clause (1), in fiscal year
1985 and each fiscal year thereafter a district which makes a
levy for community education programs pursuant to section
275.125, subdivision 8, shall receive additional aid of 50 cents
per capita.
Sec. 4. Minnesota Statutes 1982, section 124.271, is
amended by adding a subdivision to read:
Subd. 2c. [EARLY CHILDHOOD AND FAMILY EDUCATION PROGRAMS.]
Districts which did not offer early childhood and family
education programs funded by the council on quality education
during the 1982-1983 school year may use the aid received
pursuant to subdivision 2a, clause (2) or subdivision 2b, clause
(3) for community education programs in early childhood and
family education, or for any other community education program.
Districts which offered early childhood and family education
programs funded by the council on quality education during the
1982-1983 school year shall use the aid received pursuant to
subdivision 2a, clause (2) or subdivision 2b, clause (3) to
continue the existing early childhood and family education
programs through the 1983-1984 and 1984-1985 school years.
Beginning with the 1985-1986 school year and each year
thereafter, any district which receives aid pursuant to
subdivision 2b, clause (3) may use the aid for community
education programs in early childhood and family education, or
for any other community education program.
Sec. 5. Minnesota Statutes 1982, section 124.271,
subdivision 6, is amended to read:
Subd. 6. [PAYMENT SCHEDULE.] Starting in fiscal Each
fiscal year 1983, the state shall pay to each school district 85
percent of its community education program aid for the current
fiscal year by November 1. The final aid distribution to each
district shall be made by November 1 of the following fiscal
year. All community education program aid shall be distributed
by the state aids section of the department of education.
Sec. 6. Minnesota Statutes 275.125, subdivision 8, is
amended to read:
Subd. 8. [COMMUNITY EDUCATION LEVY.] (1) In 1981 a
district which has established a community education advisory
council pursuant to section 121.88, may levy an amount of money
raised by the greater of (A) $3.40 per capita, or (B) 110
percent of the amount certified pursuant to this subdivision in
1980. These levies shall be used for community services
including nonvocational adult programs, recreation and leisure
time activity programs, and programs contemplated by sections
121.85 to 121.88. For purposes of computing the levy limitation
pursuant to this subdivision, the amount certified pursuant to
this subdivision in 1980 shall not reflect reductions pursuant
to subdivision 9.
(2) Except as provided in clauses (3) (2) and (4), (3),
in 1982, and Each year thereafter, a district which has
established a community education advisory council pursuant to
section 121.88, may levy the amount raised by .9 mill times the
most recent adjusted assessed valuation of the district, but no
more than $5 times the population of the district. This amount
shall be reduced to $4.25 $4.75 per capita for districts which
will qualify for aid in fiscal year 1984 equal to 75 25 cents
per capita pursuant to section 124.271, subdivision 2a, clause
(1)(b).
(3) (2) In 1982 districts which received total revenue in
fiscal year 1983 from community education aid and levy in excess
of $5 times the population of the district, may levy the amount
of the fiscal year 1983 revenue less $5 times the population of
the district in addition to the amount in clause (2) (1).
(4) (3) In 1982 districts which will qualify for aid
pursuant to section 124.271, subdivision 2a, clause (1)(c) may
levy the greater of the following:
(a) $5 per capita minus $7,000; or
(b) the amount of their fiscal year 1983 revenue from
community education aid and levy minus $7,000.
(4) In 1983 and each year thereafter, a district which has
established a community education advisory council pursuant to
section 121.88, may levy the amount raised by .8 mill times the
most recent adjusted assessed valuation of the district, but no
more than the greater of
(a) $5 times the population of the district, or
(b) $7,000.
(5) In addition to the levy authorized in clause (4), in
1983 a district may levy an additional amount for community
education programs equal to the difference obtained by
subtracting
(a) the sum in fiscal year 1984 of
(i) the district's estimated maximum permissible revenue
from community education aid under section 124.271, subdivision
2a, clause (1), and
(ii) the community education levy authorized in clause (4)
of this subdivision, from
(b) the sum in fiscal year 1983 of
(i) the district's maximum permissible revenue from
community education aid under section 124.271, subdivision 2,
excluding any reductions from community education aid made
pursuant to Laws 1981, Third Special Session chapter 2, article
2, section 2, clause (mm), and Laws 1982, Third Special Session
chapter 1, article 3, section 6, and
(ii) the maximum community education levy authorized in
this subdivision for the district for the levy made in 1981,
payable in 1982, before any reduction in the levy pursuant to
subdivision 9.
(6) In 1984 and each year thereafter, in addition to the
levy authorized in clause (4), a district may levy an amount
equal to the amount the district was entitled to levy pursuant
to clause (5) in 1983.
(5) (7) The levies authorized in this subdivision shall be
used for community education, including nonvocational adult
programs, recreation and leisure time activity programs, and
programs authorized by sections 121.85 to 121.88. A school
district may levy pursuant to this subdivision only after it has
filed a certificate of compliance with the commissioner of
education. The certificate of compliance shall certify that the
governing boards of the county, municipality and township in
which the school district or any part thereof is located have
been sent 15 working days written notice of a meeting and that a
meeting has been held to discuss methods of increasing mutual
cooperation between such bodies and the school board. The
failure of a governing board of a county, municipality or
township to attend the meeting shall not affect the authority of
the school district to levy pursuant to this subdivision.
(6) (8) The population of the district for purposes of this
subdivision is the population determined as provided in section
275.14 or as certified by the department of education from the
most recent federal census.
Sec. 7. [LEVY ADJUSTMENT.]
The commissioner shall adjust the 1982 payable 1983
community education levy limitations for school districts
according to the provisions of this section. The adjustment
shall be a positive or negative amount equal to the difference
between the amount the district levied pursuant to section
275.125, subdivision 8, and the amount the district would have
certified if the provisions in this article amending section
275.125, subdivision 8 with respect to the 1982 payable 1983
levy had been in effect at the time the 1982 payable 1983 levy
was made. The adjustment shall be added to or subtracted from
the district's levy limitation for 1983 taxes payable in 1984.
Sec. 8. [EARLY CHILDHOOD AND FAMILY EDUCATION PROGRAMS.]
In those districts which provided early childhood and
family education programs funded by the council on quality
education during the 1982-1983 school year, the citizens
advisory council for community education, in consultation with
the director of the district's early childhood and family
education program, shall develop a plan for offering the
programs through the community education program. In those
districts which did not provide early childhood and family
education programs funded by the council on quality education
during the 1982-1983 school year, the citizen's advisory council
is encouraged to develop a plan for offering early childhood and
family education programs through the community education
program.
Sec. 9. [STAFF COMPLEMENT; TRANSFER.] The commissioner of
education may transfer one staff complement, together with
administrative costs, from the staff of the council on quality
education to the division of instruction for the purpose of
providing technical assistance to districts offering early
childhood and family education programs through the district's
community education program.
Sec. 10. [REPEALER.]
Minnesota Statutes 1982, sections 124.26, subdivision 4,
and 124.271, subdivision 5, are repealed.
Sec. 11. [APPROPRIATIONS.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [ADULT EDUCATION AID.] For adult education aid
pursuant to section 124.26 there is appropriated:
$1,359,000.......1984,
$1,427,000.......1985.
The amount appropriated for fiscal year 1984 includes
$185,000 for aid for fiscal year 1983 payable in fiscal year
1984, and $1,174,000 for aid for fiscal year 1984 payable in
fiscal year 1984.
The amount appropriated for fiscal year 1985 includes
$207,000 for aid for fiscal year 1984 payable in fiscal year
1985, and $1,220,000 for aid for fiscal year 1985 payable in
fiscal year 1985.
The appropriations are based on aid entitlements of
$1,381,000 for fiscal year 1984 and $1,436,000 for fiscal year
1985.
Subd. 3. [COMMUNITY EDUCATION AID.] For community
education aid pursuant to section 124.271 there is appropriated:
$3,946,000......1984,
$3,201,000......1985.
The amount appropriated for fiscal year 1984 includes
$494,000 for aid for fiscal year 1983 payable in fiscal year
1984, and $3,452,000 for aid for fiscal year 1984 payable in
fiscal year 1984.
The amount appropriated for fiscal year 1985 includes
$610,000 for aid for fiscal year 1984 payable in fiscal year
1985, and $2,591,000 for fiscal year 1985 payable in fiscal year
1985.
The appropriations are based on aid entitlements of
$4,062,000 for fiscal year 1984 and $3,414,000 for fiscal year
1985.
Subd. 4. [CANCELLATION AND PRORATION.] Any unexpended
balance remaining from the appropriations in this section for
1984 shall cancel and shall not be available for the second year
of the biennium. None of the amounts appropriated in this
section shall be expended for a purpose other than the purpose
indicated. If the appropriation amount attributable to either
year for the purpose indicated is insufficient, the aid for that
year shall be prorated among all qualifying districts, and the
state shall not be obligated for any amount in excess of the
appropriations in this section for these purposes.
ARTICLE 5
VOCATIONAL EDUCATION
Section 1. Minnesota Statutes 1982, section 121.912, is
amended by adding a subdivision to read:
Subd. 1a. [AVTIS] Money shall not be transferred from the
post-secondary general fund to any other operating or
nonoperating fund.
Sec. 2. [124.5611] [AVTI FUNDING.]
Beginning with aids for the 1983-1984 school year,
post-secondary vocational aids for AVTI's shall be paid for the
current fiscal year according to sections 3 to 11 of this
article, and 124.564.
Sec. 3. [124.5612] [AVTI AID DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] Beginning with aids for
the 1983-1984 school year, for the purposes of sections 3 to 11
of this article, 124.564, and 124.565, the following terms have
the meanings given them.
Subd. 2. [ADM.] "ADM" means average daily membership
computed according to section 9 of this article.
Subd. 3. [AVTI.] "AVTI" means a post-secondary area
vocational technical institute.
Subd. 4. [COMPONENT ACTIVITIES.] "Component activities"
means regular instruction, special needs instruction, research,
instructional administration, media/library, pupil personnel
services, health services, director's office, instructional
services, fixed costs, work study/financial aid, physical plant,
and repair and betterment.
Subd. 5. [INSTRUCTIONAL AID.] "Instructional aid" means
state money, exclusive of repair and betterment aid and debt
service aid, allocated by the state board for vocational
education to districts for post-secondary vocational technical
education instructional costs.
Subd. 6. [INSTRUCTIONAL COSTS.] "Instructional costs"
means expenditures in the following categories: licensed and
nonlicensed staff salaries; licensed and nonlicensed staff
fringe benefits, excluding teachers' retirement and teachers'
social security; staff travel for instructional, administrative,
and professional development purposes; purchased services; other
expenditures, detailed according to UFARS; supplies and
materials; supplies for resale; rents and leases; acquisition or
purchase of equipment and machinery; and betterment of equipment
and machinery.
Subd. 7. [PROGRAM.] "Program" means a post-secondary
vocational technical occupational program as classified with a
six-digit number by the United States department of education.
Subd. 8. [REPAIR AND BETTERMENT AID.] "Repair and
betterment aid" means state money, exclusive of instructional
aid and debt service aid, allocated by the state board for
vocational education to districts. The aid is to reconstruct,
improve, remodel, and repair existing AVTI buildings and
grounds, as necessary to conduct post-secondary vocational
technical education.
Subd. 9. [UFARS.] "UFARS" means the uniform financial
accounting and reporting system.
Sec. 4. [124.5613] [PROGRAMS OF STUDY.]
Subdivision 1. [BOARD DUTIES.] The state board for
vocational education shall approve, disapprove, and coordinate
post-secondary vocational education programs. After
consultation with the affected school boards, the state board
may add, eliminate, transfer, or change programs as it
determines advisable.
Subd. 2. [PROGRAM ELIMINATION.] In the absence of
compelling reasons to do otherwise, the state board shall
eliminate a program if:
(a) fewer than 51 percent of the students are employed in
positions closely related to their training within one year of
completing their educational objectives; or
(b) the ADM to teacher ratio is significantly below 12 to 1
for a health program or 17 to 1 for a nonhealth program.
Subd. 3. [IN-SERVICE TRAINING.] The state board may
provide for in-service training for AVTI instructors.
Sec. 5. [124.5614] [PROCESS FOR AID ALLOCATION.]
Subdivision 1. [BUDGET SUBMISSION.] Before January 1 of
each year, each AVTI shall submit an instructional aid budget
for the following fiscal year. The instructional aid budget
shall detail estimated instructional costs in each expenditure
category for each program and component activity of the AVTI's
operations. The instructional aid budget shall include
estimated revenues from sale of supplies and services, sale of
equipment and other capital goods, and other revenues, detailed
according to UFARS.
Subd. 2. [RECOMMENDED ALLOCATIONS.] After reviewing each
budget, the department of education shall recommend aid
allocations for the following fiscal year in each expenditure
category for each program and component activity.
The department shall recommend instructional aid
allocations sufficient to maintain or improve special needs
instruction.
Notwithstanding any laws or rules to the contrary, the
recommendations for allocations of instructional aid, to the
extent possible, shall be based on average systemwide ADM to
teacher ratios of 12 to 1 for health programs and 17 to 1 for
nonhealth programs.
The annual student placement rate of each program shall be
taken into consideration by the department in recommending
instructional aid allocations.
Each AVTI's tuition revenues in the fiscal year for which
aid is allocated shall be taken into consideration by the
department in recommending instructional aid allocations.
Each AVTI's unappropriated capital balance of the equipment
account in the capital expenditure fund, as of June 30 of the
fiscal year during which allocations are made, shall be taken
into consideration by the department in recommending
instructional aid allocations for the purposes listed in section
6, subdivision 3, clauses (a), (b), (c), and (d) of this
article. In recommending instructional aid allocations for all
other purposes, the department shall take into consideration
each AVTI's net positive unappropriated general fund balance, as
of June 30 of the fiscal year during which allocations are made,
which exceeds ten percent of the AVTI's operating expenditures,
as defined by UFARS, for the fiscal year during which
allocations are made.
Each AVTI's actual expenditures which exceed the amounts
originally budgeted for expenditure during the fourth quarter of
the fiscal year in which aids are allocated shall be taken into
consideration by the department in recommending instructional
aid allocations.
Allocations of repair and betterment aid shall be
recommended for each project proposed by an AVTI. In
recommending repair and betterment aid allocations, the
department shall take into consideration each AVTI's net
positive unappropriated capital balance of the repair and
betterment account of the capital expenditure fund, as of June
30 of the fiscal year during which allocations are made.
Subd. 3. [HEARING.] The aid allocations recommended by the
department of education shall be taken to a public hearing held
by the state board for vocational education with at least six
board members present. The hearing shall continue until all
interested persons, representatives, and organizations have had
an opportunity to be heard. Notice of the hearing shall be
given at least 20 days prior to the date set for the hearing.
The notice shall be published in the State Register and mailed
to each district submitting a budget, and other interested
persons and organizations who register their names with the
commissioner of education for that purpose. The department of
education shall make available at least one free copy of the
recommended allocations to the education committees of the
legislature and to any person requesting it. An audio magnetic
recording device shall be used to keep a record at every
hearing. A transcript of the hearing record shall be made
available upon the request of any person, if the request is in
writing and the requester pays the cost of preparing the
transcript.
Subd. 4. [HEARING REPORT.] After allowing written material
to be submitted and added to the hearing record for five days
after the public hearing ends, the commissioner of education
shall proceed as promptly as possible to write a report
containing the final proposed allocations of aids. This report
shall contain findings and conclusions based on substantial
evidence from the hearing record to support the final proposed
allocations. The report shall be available to all affected
districts upon request for at least 15 days before the state
board takes final action allocating aids.
Subd. 5. [MODIFICATIONS TO REPORT.] Any district which is
adversely affected by the final proposed allocations of aids may
request and shall be given an opportunity to be heard in support
of modification of the proposed final allocation of aids at the
meeting at which the state board takes final action allocating
aids. The state board may place reasonable restrictions on the
length of time allowed for testimony.
Subd. 6. [FINAL ALLOCATION.] By June 1, after hearing
modification requests, if any, the state board shall take final
action to allocate aids. Allocations of instructional aid shall
be detailed in each expenditure category for each program and
component activity. The total allocation of instructional aid
for each AVTI shall specify the amounts of any fund balances and
tuition revenues taken into consideration. Allocations of
repair and betterment aid shall be detailed for each project.
The total allocation of repair and betterment aid for each AVTI
shall specify the amount of any fund balance taken into
consideration.
Subd. 7. [SUBSEQUENT ALLOCATION.] The state board may
withhold up to one percent of the post-secondary vocational
instructional aid appropriation for subsequent allocation. The
amount withheld and any additional state and federal money
available for post-secondary vocational education shall be
allocated, no later than February 15 of the fiscal year for
which the aid is allocated, at a public hearing held according
to subdivisions 3, 4, and 5.
Sec. 6. [124.5615] [USE OF AID.]
Subdivision 1. [AID AND TUITION.] All AVTI aids and all
tuition authorized by section 124.565 shall be used solely for
the purposes of post-secondary vocational technical education.
Subd. 2. [ACCOUNTING.] Each district providing
post-secondary vocational technical education shall maintain, in
accordance with section 121.908, separate revenue, expenditure,
asset and liability accounts for post-secondary vocational
technical education within funds separate from all other
district funds.
Subd. 3. [INSTRUCTIONAL AID.] Instructional aid allocated
for the following purposes shall be placed in the equipment
account of the capital expenditure fund:
(a) acquisition or purchase of equipment or machinery;
(b) betterment of equipment or machinery;
(c) paying leasing fees for computer systems hardware and
related proprietary software, photocopy machines and
telecommunications equipment; and
(d) renting or leasing buildings for school purposes.
Aid allocated for these purposes shall be used solely for
these purposes.
All other instructional aid which is allocated shall be
placed in the general fund and shall not be transferred to any
other fund. The school board shall authorize and approve actual
expenditures of the aid allocated.
Subd. 4. [SPECIAL NEEDS.] Aid allocated for special needs
instruction shall be used solely for that purpose.
Subd. 5. [REPAIR AND BETTERMENT AID.] The final allocation
of repair and betterment aid by the state board does not
constitute approval of a project for the purposes of section
121.21, subdivision 4a. The aid shall be placed in the repair
and betterment account of the capital expenditure fund and used
solely for the purposes enumerated in section 3, subdivision 8
of this article. The school board shall authorize and approve
actual expenditures of the aid allocated, except that
expenditures which exceed $5,000 shall receive prior approval by
the commissioner of education. The process in section 5 of this
article shall not constitute approval for this purpose. Use of
the aid shall be governed by the provisions of section 121.21,
subdivision 4a.
Sec. 7. [124.5616] [DISTRIBUTION OF MONEY.]
All money, whether state, federal, or from other sources,
which may be made available to the department of education for
carrying out the purposes of post-secondary vocational technical
education shall be allocated by the state board for vocational
education to districts in accordance with law and shall be
distributed by the state aids section of the department of
education.
Sec. 8. [124.5617] [CERTAIN EQUIPMENT EXPENDITURES.]
Expenditures for the purposes in section 6, subdivision 3,
clauses (a), (b), (c), and (d) of this article which exceed
$6,000 shall receive prior approval by the commissioner of
education. The process in section 5 shall not constitute
approval for this purpose.
Sec. 9. [124.5618] [AVERAGE DAILY MEMBERSHIP.]
Subdivision 1. [MEMBERSHIP.] Membership for pupils in
AVTI's shall mean the number of pupils on the current roll of
the school, counted from the date of entry until the date of
withdrawal.
Subd. 2. [WITHDRAWAL.] The date of withdrawal shall mean
the date a pupil completes the program and permanently leaves
the AVTI. A pupil who has been absent for 15 consecutive school
days shall be determined to have permanently left the school. A
pupil who permanently leaves the school on or before the 15th
day of a quarter shall be determined not to have entered during
that quarter. For a pupil who permanently leaves after the 15th
school day of a quarter without completing the program, the date
of withdrawal shall be the earliest of the following:
(a) the date the pupil is scheduled to complete the program;
(b) the date the AVTI fills the vacancy created by leaving;
or
(c) the last day of the quarter during which the pupil
permanently leaves the AVTI.
Subd. 3. [COMPUTATION.] Average daily membership for
pupils enrolled in an AVTI shall equal the quotient obtained by
dividing
(a) the product of
(1) the sum for all pupils of the number of days of the
school year each pupil is enrolled in an AVTI, counted from the
date of entry until the date of withdrawal, times
(2) the quotient obtained by dividing
(i) the number of hours per day each pupil is enrolled, by
(ii) six; by
(b) 175.
The number of hours counted for any pupil in any one
program shall not exceed the number of hours approved by the
state board for vocational education for completion of the
program. However, a district may count additional hours for
membership, if necessary for a pupil who is identified by the
district as handicapped or disadvantaged, to complete the
program. For disadvantaged students, these additional hours
shall not exceed ten percent of the approved number of hours for
the program. Adult vocational pupils shall not be counted for
the purposes of this section. Additional hours counted shall be
reported to the commissioner.
Subd. 4. [CHEMICAL ABUSE TREATMENT.] A pupil who is absent
from an AVTI to participate in a chemical abuse treatment
program and who is on the roll of the AVTI according to the
provisions of section 10 of this article may be counted in
average daily membership during that time for not more than 30
consecutive school days. If a returning pupil needs additional
hours to complete the educational program, the AVTI may count
the lesser of the following additional hours for membership:
(a) the number of hours the pupil was counted while
participating in the treatment program; or
(b) 30 times the number of hours per day the pupil is
enrolled.
Sec. 10. [124.5619] [ABSENCE FOR CHEMICAL ABUSE
TREATMENT.]
If a pupil is absent from an AVTI to participate in a
chemical abuse treatment program licensed by the state, the
pupil may request the AVTI to remain on the roll in the
educational program in which the pupil is enrolled. The AVTI
shall grant a request it receives from the pupil.
Sec. 11. [124.5628] [LENGTH OF SCHOOL YEAR AND DAY.]
For an AVTI, the normal school year shall be at least 175
session days. In all AVTI's, the length of the school day for
each pupil, exclusive of the noon intermission, shall be at
least six hours. Exceptions may be made by the district for
approved AVTI programs provided on a part-time or extended day
basis to meet the needs of individual students or classes. These
exceptions are authorized only for programs originally provided
on a full-time basis.
Sec. 12. Minnesota Statutes 1982, section 124.572,
subdivision 2, is amended to read:
Subd. 2. [ADULT VOCATIONAL AID.] Except for the 1982-1983
school year, the state shall pay to any district or cooperative
vocational center 75 percent of the salaries paid to essential,
licensed personnel or personnel exempt from licensure pursuant
to section 125.031 in that school year for services rendered in
that district's or center's adult vocational education
programs. Notwithstanding any law or any licensure requirements
to the contrary, the portion of a community education director's
salary attributable to services rendered for the district's or
center's adult vocational education program shall qualify for
aid according to this subdivision. In addition, the state shall
pay 50 percent of the costs of necessary travel between
instructional sites by adult vocational education teachers. The
commissioner may withhold all or any portion of this aid for an
adult vocational education program which receives moneys from
any other source, and in no event shall a district or center
receive a total amount of state aid for salaries and travel
pursuant to this section which, when added to moneys from other
sources, will provide the program an amount for salaries and
travel which exceeds 100 percent of the amount of its
expenditures for salaries and travel in the program.
Sec. 13. [125.055] [TEMPORARY LICENSURE RULES.]
The state board for vocational education may adopt
temporary licensure rules, according to sections 14.29 to 14.36,
when necessary to implement entirely new programs for emerging
occupations which will promote economic development in
Minnesota. The state board shall notify the education
committees of the legislature of each program for which it
intends to adopt temporary licensure rules.
Sec. 14. [RATIO AND PLACEMENT REPORT.]
By December 1, 1983, the state board for vocational
education shall report to the legislature on programs which fall
below the annual student placement rates or the ADM to teacher
ratios as provided in section 4 of this article. This report
shall contain the number of these programs, the actions taken by
the state board pursuant to section 4 of this article, and, in
the event that a program is not eliminated, the cost to the
state of retaining it. By November 1, 1983, this report shall
be given to the higher education coordinating board for review
and comment.
Sec. 15. [REPORT ON PROJECTED FIXED ASSETS NEEDS.]
By December 1, 1983, the commissioner of education shall
develop a report on a five year projection of the replacement
needs of fixed assets property for each of the AVTIs. The
report shall be submitted to the education committees of the
legislature and to the local directors of the AVTIs.
Sec. 16. [ADULT VOCATIONAL REPORT.]
By December 1, 1983, the state board shall report to the
education committees of the legislature on the feasibility of
funding adult vocational education programs with full-time
instructors in the same manner as post-secondary vocational
education programs.
Sec. 17. [REPEALER.]
Subdivision 1. Minnesota Statutes 1982, sections 124.561
and 124.5621 are repealed.
Subd. 2. Minnesota Statutes 1982, sections 124.11,
subdivision 2c, 124.562, 124.5622, 124.5623, 124.5624, 124.5625,
124.5626, and 124.5627 are repealed.
Subd. 3. The repeal of the sections in subdivisions 1 and
2 shall not affect the right of a school district to receive nor
the obligation of the commissioner of education to pay aids
attributable to the 1982-1983 school year payable in fiscal year
1984 pursuant to the sections repealed.
Sec. 18. [APPROPRIATIONS.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [POST-SECONDARY VOCATIONAL INSTRUCTIONAL AID.]
For post-secondary vocational instructional aid there is
appropriated:
$85,635,000.....1984,
$92,248,000.....1985.
The appropriation for 1984 includes $7,890,000 for aid for
fiscal year 1983 payable in fiscal year 1984, pursuant to
section 124.5621, and $77,745,000 for aid for fiscal year 1984
payable in fiscal year 1984, pursuant to section 5 of this
article.
The appropriation for 1984 is based on the assumption that
the state will spend for this purpose an amount at least equal
to $5,700,000 in fiscal year 1984 of federal money received for
vocational education programs pursuant to the Vocational
Education Act of 1963, as amended.
The appropriation for 1985 includes $13,720,000 for aid for
fiscal year 1984 payable in fiscal year 1985 and $78,528,000 for
aid for fiscal year 1985 payable in fiscal year 1985, pursuant
to section 5 of this article.
The appropriation for 1985 is based on the assumption that
the state will spend for this purpose an amount at least equal
to $5,700,000 in fiscal year 1985 of federal money received for
vocational education programs pursuant to the Vocational
Education Act of 1963, as amended.
The appropriations are based on aid entitlements of
$91,465,000 for fiscal year 1984 and $92,386,000 for fiscal year
1985.
Subd. 3. [POST-SECONDARY VOCATIONAL SUPPLY AID.] For
post-secondary vocational supply aid there is appropriated:
$2,370,000.....1984.
The appropriation is for aid for fiscal year 1983 payable
in fiscal year 1984.
Subd. 4. [POST-SECONDARY VOCATIONAL SUPPORT SERVICES AID.]
For post-secondary vocational support services aid there is
appropriated:
$2,428,000.....1984.
The appropriation is for aid for fiscal year 1983 payable
in fiscal year 1984.
Subd. 5. [POST-SECONDARY VOCATIONAL EQUIPMENT AID.] For
post-secondary vocational equipment aid there is appropriated:
$1,458,000.....1984.
The appropriation is for aid for fiscal year 1983 payable
in fiscal year 1984.
Subd. 6. [POST-SECONDARY VOCATIONAL DEBT SERVICE AID.] For
post-secondary vocational debt service aid there is appropriated:
$6,987,000.....1984,
$6,715,000.....1985.
Subd. 7. [ADULT VOCATIONAL EDUCATION AID.] For adult
vocational education aid there is appropriated:
$7,732,000.....1984,
$8,122,000.....1985.
The appropriation for 1984 includes $1,055,000 for aid for
fiscal year 1983 payable in fiscal year 1984. This amount also
includes $6,677,000 for aid for fiscal year 1984.
The appropriation for 1985 includes $1,178,000 for aid for
fiscal year 1984 payable in fiscal year 1985. This amount also
includes $6,944,000 for aid for fiscal year 1985 payable in
fiscal year 1985.
The appropriations are based on aid entitlements of
$7,855,000 for fiscal year 1984 and $8,170,000 for fiscal year
1985.
Subd. 8. [VETERAN FARMER COOPERATIVE TRAINING PROGRAMS.]
For veteran farmer cooperative training programs there is
appropriated:
$392,000.....1984,
$320,000.....1985.
Subd. 9. [DULUTH AND GRAND RAPIDS LOGGING PROGRAM.] For
the logging business management program operated by the adult
extension department of the Duluth area vocational-technical
institute and the Grand Rapids school district, there is
appropriated in addition to the aid provided according to
subdivision 8:
$30,000.....1984,
$30,000.....1985.
Subd. 10. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid pursuant to section 124.573
there is appropriated:
$20,378,000.....1984,
$20,037,000.....1985.
The appropriation for 1984 includes $2,935,000 for aid for
fiscal year 1983 payable in fiscal year 1984. This amount also
includes $17,443,000 for aid for fiscal year 1984 payable in
fiscal year 1984.
The appropriation for 1985 includes $3,078,000 for aid for
fiscal year 1984 payable in fiscal year 1985. This amount also
includes $16,959,000 for aid for fiscal year 1985 payable in
fiscal year 1985.
The appropriations are based on aid entitlements of
$20,521,000 for fiscal year 1984 and $19,952,000 for fiscal year
1985.
For the purposes of this subdivision, money appropriated
for secondary vocational education programs may not be expended
for the purpose of discontinuing or converting existing senior
secondary industrial arts education programs.
Subd. 11. [AID FOR SECONDARY VOCATIONAL EDUCATION PROGRAMS
FOR HANDICAPPED CHILDREN.] For secondary vocational programs for
handicapped children pursuant to section 124.574 there is
appropriated:
$2,564,000.....1984,
$2,695,000.....1985.
The appropriation for 1984 includes $348,000 for aid for
fiscal year 1983 payable in fiscal year 1984. This amount also
includes $2,216,000 for aid for fiscal year 1984 payable in
fiscal year 1984. This appropriation is based on the assumption
that the state will spend for this purpose an amount at least
equal to $230,000 in fiscal year 1984 of federal money received
for vocational education programs pursuant to the Vocational
Education Act of 1963, as amended.
The appropriation for 1985 includes $391,000 for aid for
fiscal year 1984 payable in fiscal year 1985. This amount also
includes $2,304,000 for aid for fiscal year 1985 payable in
fiscal year 1985. This appropriation is based on the assumption
that the state will spend for this purpose an amount at least
equal to $230,000 in fiscal year 1985 of federal money received
for vocational education programs pursuant to the Vocational
Education Act of 1963, as amended.
The appropriations are based on aid entitlements of
$2,607,000 for fiscal year 1984 and $2,710,000 for fiscal year
1985.
Subd. 12. [CANCELLATION; PRORATION.] Any unexpended
balance remaining from the appropriations in this section for
1984 shall cancel and shall not be available for the second year
of the biennium. None of the amounts appropriated in this
section shall be expended for a purpose other than the purpose
indicated. If the appropriation amounts attributable to either
year for any purpose indicated are insufficient, the aid for
that year shall be prorated among all qualifying districts, and
the state shall not be obligated for any amount in excess of the
appropriations in this section for these purposes.
Sec. 19. [EFFECTIVE DATE.]
Sections 1, 2, 3, 4, 5, 6, 8, 13, and 17, subdivision 1 are
effective the day following final enactment.
ARTICLE 6
OTHER AIDS AND LEVIES
Section 1. [121.151] [STANDARDS FOR REMOVAL OF HAZARDOUS
SUBSTANCES.]
Prior to using the revenue obtained according to sections
123.36, subdivision 13, 124.245, subdivisions 1b and 1c, and
275.125, subdivisions 11b and 11c, a school district shall
obtain approval from the department of education for its method
of removal or encapsulation of asbestos or cleanup or disposal
of polychlorinated biphenyls. The department of education shall
consult with the pollution control agency, health department,
environmental protection agency, or other appropriate
governmental agency in approving or disapproving a district's
method. If the pollution control agency or other appropriate
governmental agency adopts rules establishing standards for
asbestos removal or encapsulation or cleanup or disposal of
polychlorinated biphenyls, the department of education shall
approve only those district methods which are in compliance with
the adopted rules.
Sec. 2. Minnesota Statutes 1982, section 121.911, is
amended by adding a subdivision to read:
Subd. 5. [DEFICIT FOR CAPITAL PROJECTS.] Upon approval by
the commissioner of education, a district may incur a deficit in
the capital expenditure fund for a period not to exceed three
years to provide money for capital projects. A description of
the project and a financial plan to recover the deficit shall be
approved by the commissioner prior to the initiation of the
project.
Sec. 3. Minnesota Statutes 1982, section 121.912,
subdivision 3, is amended to read:
Subd. 3. [DEFICITS; EXCEPTION.] For the purposes of this
section, a permanent transfer includes creating a deficit in a
nonoperating fund for a period past the end of the current
fiscal year which is covered by moneys in an operating fund.
However, a deficit in the capital expenditure fund pursuant to
section 121.911, subdivision 5, shall not constitute a permanent
transfer.
Sec. 4. Minnesota Statutes 1982, section 122.531, is
amended by adding a subdivision to read:
Subd. 8. [INTERDISTRICT COOPERATION LEVY AND AID.] Any
districts which consolidate pursuant to section 122.23 and which
were eligible to make the levy and receive aid pursuant to the
provisions of sections 16 and 25 of this article prior to the
effective date of the consolidation, shall continue to remain
eligible to apply for interdistrict cooperation aid and levy
after the effective date of the consolidation.
Sec. 5. Minnesota Statutes 1982, section 123.36,
subdivision 13, is amended to read:
Subd. 13. [PROCEEDS OF SALE OR EXCHANGE.] Proceeds of the
sale or exchange of school buildings or real property of the
school district shall be used as provided in this subdivision.
(1) In districts with outstanding bonds, the proceeds of
the sale or exchange shall first be deposited in the debt
retirement fund of the district in an amount sufficient to meet
when due that percentage of the principal and interest payments
for outstanding bonds which is ascribable to the payment of
expenses necessary and incidental to the construction or
purchase of the particular building or property which is sold.
(2) After satisfying the requirements of clause (1), a
district with outstanding bonds may deposit proceeds of the sale
or exchange in its capital expenditure fund if the amount
deposited is used for the following:
(a) for energy audits on district owned buildings conducted
pursuant to chapter 116H, and for funding those energy
conservation and renewable energy measures which the energy
audits indicate will reduce the use of nonrenewable sources of
energy to the extent that the projected energy cost savings will
amortize the cost of the conservation measures within a period
of ten years or less;
(b) for capital expenditures for the purpose of reducing or
eliminating barriers to or increasing access to school
facilities by handicapped persons;
(c) for capital expenditures to bring district facilities
into compliance with the uniform fire code adopted pursuant to
chapter 299F; or
(d) for expenditures for the removal of asbestos from
school buildings or property or for asbestos encapsulation, if
the method for asbestos removal or encapsulation is approved by
the department of education;
(e) for expenditures for the cleanup of polychlorinated
biphenyls, if the method for cleanup is approved by the
department of education;
(f) for capital expenditures to renovate and improve school
buildings in which enrollment has increased as a result of
closing schools in the district; or
(g) to replace the building or property sold.
The amount of the proceeds used for the purposes specified
in clauses (a), (b) and, (c), (d), and (e) shall be deducted
from the levy limitation computed for the levy authorized in
section 275.125, subdivision 11b in the first year after the
deposit and from levy limitations computed for this levy in
succeeding years until the entire amount is deducted.
(3) In a district with outstanding bonds, the amount of the
proceeds of the sale or exchange remaining after the application
of clauses (1) and (2), which is sufficient to meet when due
that percentage of the principal and interest payments for the
district's outstanding bonds which is not governed by clause
(1), shall be deposited in the debt retirement fund.
(4) Any proceeds of the sale or exchange remaining in
districts with outstanding bonds after the application of
clauses (1), (2), and (3), and all proceeds of the sale or
exchange in districts without outstanding bonds shall be
deposited in the capital expenditure fund of the district.
(5) Notwithstanding clauses (2) and (3), a district with
outstanding bonds may deposit in its capital expenditure fund
and use for any lawful capital expenditure without the reduction
of any levy limitation the same percentage of the proceeds of
the sale or exchange of a building or property as the percentage
of the initial cost of purchasing or constructing the building
or property which was paid using revenue from the capital
expenditure fund.
(6) Every district which sells or exchanges a building or
property shall report to the commissioner in the form and at the
time he prescribes on the disposition of the proceeds of the
sale or exchange.
Sec. 6. Minnesota Statutes 1982, section 123.36, is
amended by adding a subdivision to read:
Subd. 14. [ASBESTOS REMOVAL AND POLYCHLORINATED BIPHENYLS
CLEANUP.] Notwithstanding any law to the contrary, school
districts may, without an election, enter into contracts
extending beyond the end of the fiscal year to pay the costs of
removal or encapsulation of asbestos or cleanup of
polychlorinated biphenyls found in school buildings or on school
property.
Sec. 7. Minnesota Statutes 1982, section 123.702,
subdivision 1a, is amended to read:
Subd. 1a. [COMPONENTS.] A screening program shall include
at least the following components to the extent the school board
determines they are financially feasible: developmental
assessments, hearing and vision screening, review of health
history and immunization status, and assessments of height, and
weight and blood pressure. All screening components shall be
consistent with the standards of the state commissioner of
health for early and periodic screening programs. No child
shall be required to submit to any component of this screening
program to be eligible for any other component. No screening
program shall provide laboratory tests, a health history or a
physical examination to any child who has been provided with
those laboratory tests or a health history or physical
examination within the previous 12 months. The school district
shall request the results of any laboratory test, health history
or physical examination within the 12 months preceding a
scheduled screening clinic. A school board may offer additional
components such as nutritional, physical and dental assessments,
blood pressure, and laboratory tests. State aid shall not be
paid for additional components.
Sec. 8. Minnesota Statutes 1982, section 123.705, is
amended to read:
123.705 [STATE HEALTH SCREENING AID.]
Subdivision 1. [AID AMOUNTS.] The department of education
shall pay each school district for the cost of screening
services provided pursuant to sections 123.701 to 123.705. The
payment shall not exceed $28 per child screened in fiscal year
1982 and $15 per child screened in fiscal year 1983, $15 per
child screened in fiscal year 1984, and $15.60 per child
screened in fiscal year 1985. Any district may request and
receive an advance payment equal to 50 percent of its estimated
payment for screening eligible children.
Subd. 2. [PAYMENT SCHEDULE.] For the 1982-1983 and
1983-1984 school years, 85 percent of a district's health
screening aid for each school year shall be distributed prior to
November 30 of that school year. The final aid distribution to
each district shall be made prior to November 30 of the
following school year.
Sec. 9. Minnesota Statutes 1982, section 123.933,
subdivision 3, is amended to read:
Subd. 3. [COST OF TEXTBOOKS; LIMITATION.] (a) The cost per
pupil of the textbooks, individualized instructional materials
and standardized tests provided for in this section for each
school year shall not exceed the statewide average expenditure
per pupil, adjusted pursuant to clause (b), by the Minnesota
public elementary and secondary schools for textbooks,
individualized instructional materials and standardized tests as
computed and established by the department of education by March
1 of the preceding school year from the most recent public
school year data then available.
(b) The cost computed in clause (a) shall be increased by
an inflation adjustment equal to the percent of increase in the
foundation aid formula allowance, pursuant to section 124.2122,
subdivision 1, from the second preceding school year to the
current school year.
(c) The commissioner shall allot to the school districts or
intermediary service areas the total cost for each school year
of providing or loaning the textbooks, individualized
instructional materials and standardized tests for the pupils in
each nonpublic school. The allotment shall not exceed the
product of the statewide average expenditure per pupil, adjusted
pursuant to clause (b), multiplied by the number of nonpublic
school pupils who make requests pursuant to this section and who
are enrolled as of September 15 of the current school year.
(d) For the 1982-1983 school year, 85 percent of a
district's nonpublic pupil aid shall be distributed prior to
December 31 of that school year. The final aid distribution to
each district shall be made prior to December 31 of the
following school year.
Sec. 10. Minnesota Statutes 1982, section 124.155,
subdivision 2, as amended by Laws 1982, Third Special Session
chapter 1, article 3, section 3, is amended to read:
Subd. 2. [SUBTRACTION FROM AIDS.] The amount specified in
Laws 1981, Third Special Session chapter 2, article 4, section
3, subdivision 2, as amended by Laws 1982, chapter 548, article
7, section 7, as further amended by Laws 1982, Third Special
Session chapter 1, article 3, section 4 of this act shall be
subtracted from the following state aids and credits in the
order listed in fiscal year 1983. The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(a) Foundation aid as authorized in section 124.212,
subdivision 1;
(b) Secondary vocational aid authorized in section 124.573;
(c) Special education aid authorized in section 124.32;
(d) Secondary vocational aid for handicapped children
authorized in section 124.574;
(e) Gifted and talented aid authorized in section 124.247;
(f) Aid for pupils of limited English proficiency
authorized in section 124.273;
(g) Aid for improved learning programs authorized in
section 124.251;
(h) (g) Aid for chemical use programs authorized in section
124.246;
(i) (h) Transportation aid authorized in section 124.225;
(j) (i) Community education programs aid authorized in
section 124.271;
(k) (j) Adult education aid authorized in section 124.26;
(l) (k) Capital expenditure equalization aid authorized in
section 124.245;
(m) (l) Homestead credit authorized in section 273.13,
subdivisions 6, 7, and 14a;
(n) (m) Reduced assessment credit authorized in section
273.139;
(o) (n) Wetlands credit authorized in section 273.115;
(p) (o) Native prairie credit authorized in section 273.116;
and
(q) (p) Attached machinery aid authorized in section
273.138, subdivision 3.
The commissioner of education shall schedule the timing of
the reductions from state aids and credits specified in Laws
1981, Third Special Session chapter 2, article 4, section 3,
subdivision 2, as amended by Laws 1982, chapter 548, article 7,
section 7, as further amended by article III, section 4 of this
act, and the adjustments to state aids and credits specified in
subdivision 1, as close to the end of the fiscal year as
possible and in such a manner that will minimize the impact of
Laws 1981, Third Special Session chapter 2, article 4, as
amended, on the cash flow needs of the school districts.
Sec. 11. Minnesota Statutes 1982, section 124.214,
subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278,
sections 270.07, 375.192, or otherwise, the assessed valuation
of any school district for any taxable year is changed after the
taxes for that year have been spread by the county auditor and
whenever the mill rate as determined by the county auditor based
upon the original assessed valuation is applied upon such the
changed valuations, the county auditor shall, prior to February
1 of each year, certify to the commissioner of education the
amount of any resulting net revenue loss that accrued to the
school district during the preceding year. In August of each
year, the commissioner shall pay an abatement adjustment to the
district in an amount calculated according to the provisions of
this subdivision. This amount shall be deducted from the amount
of the levy authorized by section 275.48. The amount of the
abatement adjustment shall be the product of (1) the net revenue
loss as certified by the county auditor, times (2) the ratio of
the sum of the amounts of the district's levy limitations in the
preceding October pursuant to section 275.125, subdivision
subdivisions 2a, and subdivisions 2i, 2j, 2k, 5, 5c, 6c, and 7a
to the total amount of the district's maximum levy limitation in
the preceding October pursuant to section 275.125. If the
district is entitled to aid pursuant to section 124.2123, the
levy limitation pursuant to section 275.125, subdivision 6b,
shall be included in the computation of the ratio. If the
district is entitled to aid pursuant to section 124.2128, the
levy limitation pursuant to section 275.125, subdivision 6d,
shall be included in the computation of the ratio. For purposes
of this computation, the district's levy limitation pursuant to
section 275.125, subdivision 5, shall not include the amounts
authorized to be levied for bus purchases or because of
extraordinary traffic hazards. The abatement adjustment shall
be recognized as revenue in the fiscal year in which it is
received.
Sec. 12. Minnesota Statutes 1982, section 124.245, is
amended by adding a subdivision to read:
Subd. 1c. [HAZARDOUS SUBSTANCE COMPUTATION.] For the
1984-1985 school year and each year thereafter, the state shall
pay a school district the difference by which an amount equal to
$25 per pupil unit exceeds the amount raised by two mills times
the adjusted assessed valuation of the taxable property in the
district for the preceding year. To qualify for aid pursuant to
this subdivision in any school year, a district must levy the
maximum permissible amount pursuant to section 275.125,
subdivision 11c for use in that year. Aid paid pursuant to this
subdivision may be used only for the purposes for which the
proceeds of the levy authorized in section 275.125, subdivision
11c may be used.
Sec. 13. Minnesota Statutes 1982, section 124.246,
subdivision 2, is amended to read:
Subd. 2. [AID.] Except for the 1982-1983 school year, An
eligible district shall receive $1 $1.04 in fiscal year 1984 and
$1.08 in fiscal year 1985 for each pupil, in average daily
membership, enrolled in a public elementary, secondary or area
vocational-technical or nonpublic elementary or secondary
school. Aid for nonpublic school pupils shall be paid to the
district upon request by or on behalf of the pupils. No
district shall receive less than $1,000 $1,040 in fiscal year
1984 and $1,080 in fiscal year 1985.
Sec. 14. Minnesota Statutes 1982, section 124.247,
subdivision 3, is amended to read:
Subd. 3. [AID.] A district which establishes a program for
gifted and talented students shall receive for the purpose of
this program an amount equal to $16.25, in the 1981-1982 school
year, and $16.18 in the 1982-1983 school year, $18.25 in the
1983-1984 school year, and $19.00 in the 1984-1985 school year,
times the number of gifted and talented students in the
district. No more than five percent of the students enrolled in
the district shall be counted as gifted and talented for the
purpose of aid computations pursuant to this subdivision. No
more than five percent of the moneys received by a district
pursuant to this subdivision may be expended for the purpose of
administration of the program for gifted and talented students.
Sec. 15. Minnesota Statutes 1982, section 124.247, is
amended by adding a subdivision to read:
Subd. 6. [PAYMENT SCHEDULE.] For the 1982-1983 school
year, 85 percent of a district's gifted and talented program aid
for each school year shall be distributed prior to November 30
of that school year. The final aid distribution to each
district shall be made prior to November 30 of the following
school year.
Sec. 16. [124.272] [INTERDISTRICT COOPERATION AID.]
Subdivision 1. [LIMITATION.] This section shall not apply
to Special School District No. 1, Independent School Districts
Nos. 11, 625, and 709, or to school districts which are members
of Intermediate School Districts Nos. 287, 916, and 917.
Subd. 2. [ELIGIBLE DISTRICTS.] A district shall be
eligible for interdistrict cooperation aid if it has entered
into a cooperation agreement and if it has a cooperation plan
approved by the commissioner of education.
Subd. 3. [COOPERATION PLAN.] To receive aid or to levy
pursuant to section 25 of this article a district shall submit
to the commissioner of education an application for aid by
August 15. The application shall contain the following:
(a) a three-year plan to improve the district curriculum,
which gives priority to offering of any of the following: a
three-year mathematics sequence in grades 10 through 12, a
three-year science sequence in grades 10 through 12, a two-year
foreign language sequence, elementary and secondary courses in
computer usage, or other programs recommended by the state board;
(b) an assurance that the proposed curriculum in clause (a)
has been developed in conjunction with the planning, evaluation,
and reporting process of section 123.741;
(c) a copy of the cooperation agreement;
(d) a description of the proposed increase in curriculum
offerings resulting from the agreement;
(e) the estimated instructional cost of the cooperation
plan for the following fiscal year; and
(f) other information required by the commissioner.
Subd. 4. [DEFINITION.] (a) A district's "interdistrict
cooperation revenue" shall equal the lesser of: (1) $50 times
the actual pupil units for that school year; (2) the estimated
cost to the district of the interdistrict cooperation program
for the school year to which the levy is attributable; or (3)
$50,000.
(b) A district's "interdistrict cooperation levy limitation"
means its levy limitation computed according to section 25 of
this article.
Subd. 5. [COOPERATION AID.] A district's interdistrict
cooperation aid for any school year shall equal:
(a) the difference between its interdistrict cooperation
revenue and its interdistrict cooperation levy limitation for
the levy for that school year, multiplied by
(b) the ratio of the amount actually levied to the amount
of its interdistrict cooperation levy limitation.
Subd. 6. [APPROVAL WITH APPROPRIATION.] The commissioner
may approve applications for aid within the limitation of the
appropriation. Approval shall be based on criteria established
by the state board of education.
Subd. 7. [REPORT.] By December 1, 1985, and each year
thereafter, the department of education shall report to the
education committees of the legislature about the interdistrict
cooperation agreements and whether the provisions of this
section have increased educational opportunities in those
districts.
Sec. 17. Minnesota Statutes 1982, section 124.646,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] (a) For the
1981-1982 1983-1984 school year, school districts participating
in the national school lunch program shall be paid by the state
in the amount of 5.5 7.5 cents for each full paid student lunch
served to students in the district.
(b) For the 1982-1983 1984-1985 school year, school
districts participating in the national school lunch program
shall be paid by the state in the amount of 5.9 7.5 cents for
each full paid student lunch served to students in the district.
Sec. 18. [126.025] [CARDIOPULMONARY RESUSCITATION
INSTRUCTION.]
Subdivision 1. [AUTHORIZATION.] Pupils attending public
senior high schools may receive a course of instruction in the
techniques of cardiopulmonary resuscitation, sufficient to
enable the pupils to give emergency assistance to victims of
cardiac arrest. The instruction may be offered as a separate
course or as part of another course. The instruction shall be
given by a person certified as a cardiopulmonary resuscitation
instructor by either the American Red Cross or the American
Heart Association, but that person need not be a licensed
teacher. Districts are encouraged to use equipment, teaching
materials, and training courses provided by public or private
agencies, educational cooperative service units, or
organizations such as the American Red Cross, American Heart
Association.
Subd. 2. [ASSISTANCE.] The department of education shall
provide technical assistance to educational cooperative service
units and school districts to implement the provisions of
subdivision 1.
Sec. 19. [129B.17] [AUTHORIZATION.]
The department of education shall prescribe the form and
manner of application for recipients of comprehensive arts in
education planning grants. The state board of education shall
award grants in consultation with the Minnesota alliance for
arts in education and the Minnesota state arts board.
Sec. 20. [129B.18] [PROGRAM ACCOUNTS.]
A district receiving a comprehensive arts in education
planning grant shall establish and maintain a separate account
for the receipt and disbursement of all funds relating to the
program, and the funds shall be spent only for the purpose of
arts education programs.
Sec. 21. [129B.19] [ADDITIONAL FUNDING.]
A district receiving a comprehensive arts in education
planning grant may receive funds for the program from private
sources and from other governmental agencies, including any
state or federal funds available for arts education.
Sec. 22. [129B.20] [CRITERIA FOR GRANT APPROVAL.]
Up to 30 grants of $1,000 each may be approved for programs
which include:
(1) a needs assessment of arts education and planning in
the school district;
(2) creation of a community-based arts education team of
eight individuals from the school district and the community
whose function will be to promote comprehensive arts education
in the school district;
(3) participation by members of the arts education team in
training offered by the department of education; and
(4) establishment of an evaluation component.
Sec. 23. [129B.21] [DEPARTMENT RESPONSIBILITY.]
The department of education shall:
(1) provide training and assistance to the arts education
teams in the school districts;
(2) provide consultation and technical assistance to
districts which receive arts in education planning grants; and
(3) submit a report to the education committees of the
senate and house of representatives by January 1, 1985. The
report shall include the status and implementation of
comprehensive arts in education planning grants and the
department's plans to promote arts education in the schools.
Sec. 24. Minnesota Statutes 1982, section 275.125,
subdivision 4, is amended to read:
Subd. 4. [MISCELLANEOUS LEVY AUTHORIZATIONS.] A school
district may levy the amounts necessary to make payments for
bonds issued and for interest thereon, including the bonds and
interest thereon, issued as authorized by section 275.125,
subdivision 3, clause (7) (C), as it read in Minnesota Statutes
1974; the amounts necessary for repayment of debt service loans
and capital loans; the amounts necessary to pay the district's
obligations under section 6.62; the amount authorized for
liabilities of dissolved districts pursuant to section 122.45;
the amounts necessary to pay the district's obligations under
section 268.06, subdivision 25; the amounts necessary to pay for
job placement services offered to employees who may become
eligible for benefits pursuant to section 268.08; the amounts
necessary to pay the district's obligations under section
127.05; the amounts authorized by section 122.531; and the
amounts necessary to pay the district's obligations under
section 122.533; and the amounts necessary to pay the district's
insurance premium costs under section 466.06.
Sec. 25. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 8a. [INTERDISTRICT COOPERATION LEVY.] Each year, a
district which is eligible for aid pursuant to section 16,
subdivision 2 of this article, may levy the amount of the
estimated instructional costs of the interdistrict cooperation
plan for the year to which the levy is attributable, but not
more than $50 times the actual pupil units for that school
year. No levy under this subdivision shall exceed one mill
times the adjusted assessed valuation of the district for the
preceding year. The proceeds of the levy may only be used to
pay for instructional costs incurred in providing the program
offerings resulting from the cooperation plan.
Sec. 26. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 9b. [OPERATING DEBT LEVY.] (1) In 1983 and each year
thereafter, a district may make an additional levy to eliminate
a deficit in the net unappropriated operating funds of the
district, determined as of June 30, 1983, and certified and
adjusted by the commissioner. This levy may in each year be an
amount not to exceed the amount raised by a levy of 1.5 mills
times the adjusted assessed valuation of the district for the
preceding year as determined by the equalization aid review
committee. However, the total amount of this levy for all years
it is made shall not exceed the lesser of (a) the amount of the
deficit in the net unappropriated operating funds of the
district as of June 30, 1983, or (b) the amount of the aid
reduction, according to Laws 1981, Third Special Session chapter
2, article 2 and Laws 1982, Third Special Session chapter 1,
article 3, sections 6 and 7, to the district in fiscal year
1983. When the cumulative levies made pursuant to this
subdivision equal the total amount permitted by this
subdivision, the levy shall be discontinued.
(2) The proceeds of this levy shall be used only for cash
flow requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(3) Any district which levies pursuant to this subdivision
shall certify the maximum levy allowable under section 271.125,
subdivision 2a or 2e in that same year.
Sec. 27. Minnesota Statutes 1982, section 275.125,
subdivision 11a, is amended to read:
Subd. 11a. [CAPITAL EXPENDITURE LEVY.] (a) Each year a
school district may levy an amount not to exceed the amount
equal to $90 per pupil unit, or $95 per pupil unit in districts
where the actual number of pupil units identified in section
124.17, subdivision 1, clauses (1) and (2), has increased from
the prior year. No levy under this clause shall exceed seven
mills times the adjusted assessed valuation of the taxable
property in the district for the preceding year.
(b) The proceeds of the tax may be used to acquire land, to
equip and re-equip buildings and permanent attached fixtures, to
rent or lease buildings for school purposes, to pay leasing fees
for computer systems hardware and related proprietary software,
and to pay leasing fees for photocopy machines and
telecommunications equipment. The proceeds of the tax may also
be used for capital improvement and repair of school sites,
buildings and permanent attached fixtures, energy assessments as
required pursuant to section 116J.24, and for the payment of any
special assessments levied against the property of the district
authorized pursuant to section 435.19 or any other law or
charter provision authorizing assessments against publicly owned
property; provided that a district may not levy amounts to pay
assessments for service charges, such as those described in
section 429.101, whether levied pursuant to that section or
pursuant to any other law or home rule provision. The proceeds
of the tax may also be used for capital expenditures to reduce
or eliminate barriers to or increase access to school facilities
by handicapped individuals. The proceeds of the tax may also be
used to make capital improvements to schoolhouses to be leased
pursuant to section 123.36, subdivision 10. The proceeds of the
tax may also be used to pay fees for capital outlay expenditures
assessed and certified to each participating school district by
the educational cooperative service unit board of directors.
(c) Subject to the commissioner's approval, the tax
proceeds may also be used to acquire or construct buildings.
The state board shall promulgate rules establishing the criteria
to be used by the commissioner in approving and disapproving
district applications requesting the use of capital expenditure
tax proceeds for the acquisition or construction of buildings.
The approval criteria for purposes of building acquisition and
construction shall include: the appropriateness of the proposal
for the district's long term needs; the availability of adequate
existing facilities; and the economic feasibility of bonding
because of the proposed building's size or cost.
(d) The board shall establish a fund in which the proceeds
of this tax shall be accumulated until expended.
(e) The proceeds of the tax shall not be used for custodial
or other maintenance services.
(f) Each year, subject to the seven mill limitation of
clause (a) of this subdivision, a school district which operates
an approved secondary vocational education program or an
approved senior secondary industrial arts program may levy an
additional amount equal to $5 per pupil unit for capital
expenditures for equipment for these programs.
(g) For purposes of computing allowable levies under this
subdivision and subdivision subdivisions 11b and 11c, pupil
units shall include those units identified in section 124.17,
subdivision 1, clauses (1) and (2), and 98.5 percent of the
units identified in Minnesota Statutes 1980, section 124.17,
subdivision 1, clauses (4) and (5) for 1980-1981.
Sec. 28. Minnesota Statutes 1982, section 275.125,
subdivision 11b, is amended to read:
Subd. 11b. [SPECIAL PURPOSE CAPITAL EXPENDITURE LEVY.] In
1981 and each year thereafter, In addition to the levy
authorized in subdivision 11a, each year a school district may
levy an amount not to exceed the amount equal to $25 per pupil
unit. No levy under this clause shall exceed two mills times
the adjusted assessed valuation of the property in the district
for the preceding year. The proceeds of the tax shall be placed
in the district's capital expenditure fund and may be used only
for the following:
(a) for energy audits on district owned buildings conducted
pursuant to chapter 116H, and for funding those energy
conservation and renewable energy measures which the energy
audits indicate will reduce the use of nonrenewable sources of
energy to the extent that the projected energy cost savings will
amortize the cost of the conservation measures within a period
of ten years or less;
(b) for capital expenditures for the purpose of reducing or
eliminating barriers to or increasing access to school
facilities by handicapped persons;
(c) for capital expenditures to bring district facilities
into compliance with the uniform fire code adopted pursuant to
chapter 299F;
(d) for expenditures for the removal of asbestos from
school buildings or property or for asbestos encapsulation;
(e) for expenditures for the cleanup and disposal of
polychlorinated biphenyls.
Sec. 29. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 11c. [HAZARDOUS SUBSTANCE CAPITAL EXPENDITURE LEVY.]
In 1983 and each year thereafter, in addition to the levy
authorized in subdivisions 11a and 11b, a school district may
levy an amount not to exceed the amount equal to $25 per pupil
unit. No levy under this subdivision shall exceed two mills
times the adjusted assessed valuation of the property in the
district for the preceding year. The proceeds of the tax shall
be placed in the district's capital expenditure fund and may be
used only for expenditures necessary for the removal or
encapsulation of asbestos or the cleanup and disposal of
polychlorinated biphenyls found in school buildings or property.
Sec. 30. Minnesota Statutes 1982, section 466.06, is
amended to read:
466.06 [LIABILITY INSURANCE.]
The governing body of any municipality may procure
insurance against liability of the municipality and its
officers, employees, and agents for damages resulting from its
torts and those of its officers, employees, and agents,
including torts specified in section 466.03 for which the
municipality is immune from liability; and such. The insurance
may provide protection in excess of the limit of liability
imposed by section 466.04. If the municipality has the
authority to levy taxes, the premium costs for such insurance
may be levied in excess of any per capita or millage tax
limitation imposed by statute or charter; provided, a school
district may not levy for premium costs pursuant to this
section. Any independent board or commission in the
municipality having authority to disburse funds for a particular
municipal function without approval of the governing body may
similarly procure liability insurance with respect to the field
of its operation. The procurement of such insurance constitutes
a waiver of the defense of governmental immunity to the extent
of the liability stated in the policy but has no effect on the
liability of the municipality beyond the coverage so provided.
Sec. 31. [275.128] [EXPENSES FOR ASBESTOS AND
POLYCHLORINATED BIPHENYLS.]
Notwithstanding any law to the contrary, a district that
incurred expenses for removal of asbestos, asbestos
encapsulation, or cleanup or disposal of polychlorinated
biphenyls may use the revenue authorized by sections 5, 12, 28,
and 29 of this article to meet contractual obligations or to
reimburse the fund from which expenses were paid, regardless of
when the authorized revenue was received by the district.
Sec. 32. [EDUCATION DISTRICTS; STUDY.]
By February 1, 1984, the state board and commissioner of
education shall report to the education committees of the
legislature on the feasibility of establishing education
districts which meet the following criteria:
(a) extend, combine, or expand educational and curriculum
opportunities;
(b) maximize the use of instructional and administrative
personnel;
(c) improve efficiency and cost effectiveness; and
(d) operate programs pursuant to sections 121.85 to 121.88,
121.501 to 121.507, 124.247, and 129B.06 to 129B.09.
Sec. 33. [REPEALER.]
Minnesota Statutes 1982, sections 124.24 and 129B.09,
subdivision 5, are repealed.
Sec. 34. [APPROPRIATION.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [HEALTH AND DEVELOPMENTAL SCREENING PROGRAMS.]
For health and developmental screening programs pursuant to
sections 123.701 to 123.705 there is appropriated:
$729,000.....1984,
$794,000.....1985.
The appropriation for fiscal year 1984 includes $103,000
for aid for fiscal year 1983 payable in fiscal year 1984 and
$626,000 for aid for fiscal year 1984 payable in fiscal year
1984.
The appropriation for fiscal year 1985 includes $111,000
for aid for fiscal year 1984 payable in fiscal year 1985 and
$683,000 for aid for fiscal year 1985 payable in fiscal year
1985.
The appropriations are based on aid entitlements of
$737,000 for fiscal year 1984 and $804,000 for fiscal year 1985.
Subd. 3. [ABATEMENT AID.] For abatement aid pursuant to
section 124.214, subdivision 2, there is appropriated:
$2,150,000.....1984,
$2,250,000.....1985.
Subd. 4. [CAPITAL EXPENDITURE EQUALIZATION AID.] For
capital expenditure equalization aid pursuant to section
124.245, subdivision 1, there is appropriated:
$313,000.....1984,
$224,000.....1985.
The appropriation for fiscal year 1984 includes $58,000 for
aid for fiscal year 1983 payable in fiscal year 1984 and
$255,000 for aid for fiscal year 1984 payable in fiscal year
1984.
The appropriation for fiscal year 1985 includes $45,000 for
aid for fiscal year 1984 payable in fiscal year 1985 and
$179,000 for aid for fiscal year 1985 payable in fiscal year
1985.
The appropriations are based on aid entitlements of
$300,000 for fiscal year 1984 and $211,000 for fiscal year 1985.
Any unexpended balance remaining from the appropriation in
this subdivision for either year may be expended for special
purpose capital expenditure equalization aid pursuant to section
124.245, subdivision 1a.
Subd. 5. [SPECIAL PURPOSE CAPITAL EXPENDITURE EQUALIZATION
AID.] For special purpose capital expenditure equalization aid
pursuant to section 124.245, subdivision 1a, there is
appropriated:
$52,000.....1984,
$46,000.....1985.
The appropriation for fiscal year 1984 includes $9,000 for
aid for fiscal year 1983 payable in fiscal year 1984 and $43,000
for aid for fiscal year 1984 payable in fiscal year 1984.
The appropriation for fiscal year 1985 includes $8,000 for
aid for fiscal year 1984 payable in fiscal year 1985 and $38,000
for aid for fiscal year 1984 payable in fiscal year 1985.
The appropriations are based on aid entitlements of $51,000
for fiscal year 1984 and $45,000 for fiscal year 1985.
Any unexpended balance remaining from the appropriation in
this subdivision for either year may be expended for capital
expenditure equalization aid pursuant to section 124.245,
subdivision 1.
Subd. 6. [HAZARDOUS SUBSTANCE CAPITAL EXPENDITURE
EQUALIZATION AID.] For hazardous substance capital expenditure
equalization aid pursuant to section 124.245, subdivision 1c,
there is appropriated:
$38,000.....1985.
The appropriation for fiscal year 1985 includes $38,000 for
aid for fiscal year 1985 payable in fiscal year 1985.
The appropriations are based on aid entitlements of $45,000
for fiscal year 1985.
Any unexpended balance remaining from the appropriation in
this subdivision for either year may be expended for capital
expenditure equalization aid pursuant to section 124.245,
subdivision 1.
Subd. 7. [EDUCATIONAL COOPERATIVE SERVICE UNITS.] For
educational cooperative service units, there is appropriated:
$695,000.....1984,
$591,000.....1985.
The appropriations are based on aid entitlements of
$695,000 for fiscal year 1984 and $695,000 for fiscal year 1985.
Funds from this appropriation shall be transmitted to ECSU
boards of directors for general operations in the amount of
$63,180 per ECSU for each fiscal year; however, the ECSU whose
boundaries coincide with the boundaries of development region 11
and the ECSU whose boundaries encompass development regions six
and eight shall receive $126,360 for each fiscal year for
general operations.
Subd. 8. [SCHOOL LUNCH AND FOOD STORAGE AID.] For school
lunch aid pursuant to section 124.646 and for food storage and
transportation costs for USDA donated commodities there is
appropriated:
$4,625,000.....1984,
$4,625,000.....1985.
Any unexpended balance remaining from the appropriations in
this subdivision shall be prorated among participating schools
based on the number of fully paid lunches served during that
school year in order to meet the state revenue matching
requirement of the USDA National School Lunch Program.
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each fully paid student
lunch shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year.
Subd. 9. [INTERDISTRICT COOPERATION AID.] For aid for
interdistrict cooperation programs pursuant to section 16 of
this article there is appropriated:
$850,000.....1985.
The appropriation is based on aid entitlement of $1,000,000
for fiscal year 1985.
Subd. 10. [GIFTED AND TALENTED STUDENTS.] For programs for
the gifted and talented pursuant to section 124.247 there is
appropriated:
$625,000.....1984,
$659,000.....1985.
The appropriation for aid for fiscal year 1984 includes
$80,000 for aid for fiscal year 1983 payable in fiscal year 1984
and $545,000 for aid for fiscal year 1984 payable in fiscal year
1984.
The appropriation for fiscal year 1985 includes $96,000 for
aid for fiscal year 1984 payable in fiscal year 1985 and
$563,000 for aid for fiscal year 1984 payable in fiscal year
1985.
The appropriations are based on aid entitlements of
$641,000 for fiscal year 1984 and $662,000 for fiscal year 1985.
Subd. 11. [NONPUBLIC AIDS.] For programs for nonpublic
educational aid pursuant to sections 123.931 to 123.947 there is
appropriated:
$6,020,000.....1984,
$6,645,000.....1985.
The appropriation for aid for fiscal year 1984 includes
$629,000 for aid for fiscal year 1983 payable in fiscal year
1984 and $5,391,000 for aid for fiscal year 1984 payable in
fiscal year 1984.
The appropriation for fiscal year 1985 includes $951,000
for aid for fiscal year 1984 payable in fiscal year 1985 and
$5,694,000 for aid for fiscal year 1985 payable in fiscal year
1985.
The appropriations are based on aid entitlements of
$6,342,000 for fiscal year 1984 and $6,699,000 for fiscal year
1985.
Subd. 12. [INDIAN EDUCATION.] (a) For certain Indian
education programs there is appropriated:
$156,000.....1984,
$138,000.....1985.
The appropriations are based on aid entitlements of
$156,000 for fiscal year 1984 and $163,000 for fiscal year 1985.
These appropriations are available for expenditure with the
approval of the commissioner of education.
The commissioner shall not approve the payment of any
amount to a school district pursuant to this subdivision unless
that school district is in compliance with all applicable laws
of this state.
Up to the following amounts may be distributed to the
following school districts for fiscal year 1984: $49,600 to
Independent School Distict No. 309-Pine Point School; $8,750 to
Independent School District No. 166; $13,500 to Independent
School District No. 432; $12,700 to Independent School District
No. 435; $38,100 to Independent School District No. 707; and
$35,350 to Independent School District No. 38. These amounts
shall be expended only for the benefit of Indian students and
for the purpose of meeting established state educational
standards or statewide requirements.
Up to the following amounts may be distributed to the
following school districts for fiscal year 1985: $52,100 to
Independent School Distict No. 309-Pine Point School; $9,200 to
Independent School District No. 166; $14,200 to Independent
School District No. 432; $13,350 to Independent School District
No. 435; $40,050 to Independent School District No. 707; and
$37,100 to Independent School District No. 38. These amounts
shall be expended only for the benefit of Indian students and
for the purpose of meeting established state educational
standards or statewide requirements.
These appropriations are available only if there will not
be available for the districts enumerated in this subdivision
for the applicable school year any operation support funds from
the federal bureau of Indian affairs pursuant to the
Johnson-O'Malley Act, Public Law 73-167 or 25 Code of Federal
Regulations 273.31, or equivalent money from the same or another
source.
(b) Before a district can receive moneys pursuant to this
subdivision, the district must submit to the commissioner of
education evidence that it has:
(i) Complied with the Uniform Financial Accounting and
Reporting Standards Act, sections 121.90 to 121.917. For each
school year, compliance with section 121.908, subdivision 3a,
shall require the school district to prepare one budget
including the amount available to the district pursuant to this
subdivision and one budget which does not include these moneys.
The budget of that school district for the 1985-1986 school year
prepared according to section 121.908, subdivision 3a, shall be
submitted to the commissioner of education at the same time as
1984-1985 budgets and shall not include any moneys appropriated
in this subdivision;
(ii) Conducted a special education needs assessment and
prepared a proposed service delivery plan according to Minnesota
Statutes, sections 120.03 and 120.17; Public Law 94-142, an act
of the 94th Congress of the United States cited as the
"Education for All Handicapped Children Act of 1975"; and
applicable state board of education rules; and
(iii) Compiled accurate daily pupil attendance records.
(c) Prior to approving payment of any amount to a school
district pursuant to this subdivision, the commissioner shall
review and evaluate each affected district's compliance with
clause (b) and any other applicable laws, and each affected
district's need for the moneys. Each affected district's net
unappropriated fund balance in all operating funds as of June 30
of the previous school year shall be taken into consideration.
Subd. 13. [CHEMICAL USE PROGRAMS.] For aid for chemical
dependency programs authorized pursuant to section 124.246 there
is appropriated:
$ 965,000.....1984,
$1,005,000.....1985.
The appropriation for fiscal year 1984 includes $135,000
for aid for fiscal year 1983 payable in fiscal year 1984 and
$830,000 for aid for fiscal year 1984 payable in fiscal year
1984.
The appropriation for fiscal year 1985 includes $146,000
for aid for fiscal year 1984 payable in fiscal year 1985 and
$859,000 for aid for fiscal year 1984 payable in fiscal year
1985.
The appropriations are based on aid entitlements of
$977,000 for fiscal year 1984 and $1,011,000 for fiscal year
1985.
Subd. 14. [ARTS PLANNING GRANTS.] For Minnesota
comprehensive arts in education planning grants, there is
appropriated from the general fund to the department of
education the sum indicated for the fiscal year ending June 30
in the year designated:
$125,000.....1984.
Any unexpended balance remaining from the appropriation in
this subdivision shall not cancel but shall be available for the
second year of the biennium.
Subd. 15. [CARDIOPULMONARY RESUSCITATION INSTRUCTION.]
There is appropriated from the general fund to the department of
education the sum of $34,000 for fiscal year 1984 for
educational cooperative service units to purchase equipment
needed for instruction in cardiopulmonary resuscitation. The
equipment shall be available for use by school districts. Funds
from this appropriation shall be transmitted to ECSU boards of
directors. The department of education shall issue grants to
ECSUs based on the following criteria: the number of school
districts in the ECSU, the number of students served by the
ECSU, and other resources available to the ECSU. The sums
appropriated are available until expended.
Subd. 16. [PINE POINT SCHOOL.] There is appropriated from
the general fund to the department of education for Independent
School District No. 309, Pine Point School, the sum of $33,000
for payment of an outstanding judgment related to unemployment
compensation. The sum shall be available until June 30, 1985.
Subd. 17. [MAXIMUM EFFORT SCHOOL LOAN FUND.] There is
appropriated from the general fund to the maximum effort school
loan fund the sum of $2,719,000 for the fiscal year ending June
30, 1984, and $3,672,000 for the fiscal year ending June 30,
1985. Any unexpended balance of this appropriation for fiscal
year 1984 shall not cancel but shall be available for the second
year of the biennium.
These appropriations shall be placed in the loan repayment
account of the maximum effort school loan fund for the payment
of the principal and interest on school loan bonds, as provided
in section 124.46, to the extent that money in the fund is not
sufficient to pay when due the full amount of principal and
interest due on school loan bonds. The purpose of these
appropriations is to ensure that sufficient money is available
in the fund to prevent a statewide property tax levy as would
otherwise be required pursuant to section 124.46, subdivision
3. Notwithstanding the provisions of section 124.39,
subdivision 5, any amount of the appropriation made in this
section which is not needed to pay when due the principal and
interest due on school loan bonds shall not be transferred to
the debt service loan account of the maximum effort school loan
fund but instead shall cancel and revert to the general fund.
Subd. 18. [CANCELLATION AND PRORATION.] Except as provided
in subdivisions 4, 5, and 6, any unexpended balance remaining
from the appropriations in this section for 1984 shall cancel
and shall not be available for the second year of the biennium.
Except as provided in subdivisions 4 and 5, none of the amounts
appropriated in this section shall be expended for a purpose
other than the purpose indicated. If the appropriation amount
attributable to either year for the purpose indicated is
insufficient, the aid for that year shall be prorated among all
qualifying districts and the state shall not be obligated for
any amount in excess of the appropriations in this section for
these purposes.
Sec. 35. [EFFECTIVE DATE.]
Section 6 is effective the day following final enactment.
ARTICLE 7
MISCELLANEOUS
Section 1. [3.865] [LEGISLATIVE COMMISSION ON PUBLIC
EDUCATION.]
Subdivision 1. [ESTABLISHMENT.] There is established a
legislative commission on public education. The commission
shall study issues relating to elementary and secondary
education, including at least the following:
(a) education policy development and planning and
recommendations for change to make education more effective;
(b) current and alternative financing formulas for
education and recommendations for changes in the use of public
money to fund education;
(c) current school district organization and administration
and recommendations for more efficient use of available
resources;
(d) current technology and alternative education delivery
systems for Minnesota; and
(e) teacher preparation, certification, salaries,
employment policies, and retention.
Subd. 2. [MEMBERSHIP AND TERMS.] The commission shall
consist of 12 members. Six members shall be from the senate,
including members of the minority caucus, and shall be appointed
by the subcommittee on committees of the committee on rules and
administration. Six members shall be from the house of
representatives, including members of the minority caucus, and
shall be appointed by the speaker. The chairs of the senate
education committee, senate education aids subcommittee, house
education committee, and house education finance division shall
be members of the commission. The members shall be appointed
for two-year terms beginning on January 1 of each odd numbered
year. Vacancies on the commission shall be filled in the same
manner as the original appointments.
Subd. 3. [TERMS AND OFFICERS.] The commission shall elect
a chair and a vice-chair from among its members. The chair
shall alternate biennially between a member of the senate and a
member of the house. The vice-chair shall be a house member
when the chair is a senate member, and senate member when the
chair is a house member.
Subd. 4. [GOVERNOR'S REPRESENTATIVE.] The governor shall
appoint a person to serve as liaison between the governor and
the commission.
Subd. 5. [ADVISORY COMMITTEE.] The commission may appoint
advisory committees to assist it as needed. The advisory
committees shall meet at the discretion of the commission.
Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] The commission
may request information from any state officer or agency to
assist the commission in performing its duties. The officer or
agency is authorized and directed to promptly furnish any data
requested.
Subd. 7. [STAFF.] The commission may employ professional,
technical, consulting, and clerical services. The commission
may use legislative staff to provide legal counsel, research,
secretarial, and clerical assistance.
Subd. 8. [EXPENSES AND REIMBURSEMENT.] The members of the
commission and its assistants shall be reimbursed for all
expenses actually incurred in the performance of their duties.
Expenses of the commission shall be approved by the chair and
the expenses shall be paid in the same manner as other state
expenses are paid.
Subd. 9. [REPORT.] By January 15 of each year, the
commission shall report to the education committees of the
legislature on its findings and recommendations, including
information related to the funding of education.
Sec. 2. Minnesota Statutes 1982, section 6.54, is amended
to read:
6.54 [EXAMINATION OF MUNICIPAL RECORDS PURSUANT TO
PETITION.]
The registered voters in a home rule charter or statutory
city or town may petition the state auditor to examine the
books, records, accounts, and affairs of the home rule charter
or statutory city, town, or of any organizational unit,
activity, project, enterprise, or fund thereof; and the scope of
the examination may be limited by the petition, but the
examination shall cover, at least, all cash received and
disbursed and the transactions relating thereto, provided that
the state auditor shall not examine more than the six latest
years preceding the circulation of the petition, unless it
appears to the state auditor during his the examination that the
audit period should be extended to permit a full recovery under
bonds furnished by public officers or employees, and may if it
appears to him the auditor in the public interest confine the
period or the scope of audit or both period and scope of audit,
to less than that requested by the petition. In the case of a
home rule charter or statutory city or town, the petition shall
be signed by a number of registered voters at least equal to 20
percent of those voting in the last presidential election. The
freeholders eligible voters of any school district, as defined
in section 123.32, subdivision 1a, may petition the state
auditor and he, who shall be subject to the same restrictions
regarding the scope and period of audit, provided that the
petition shall be signed by at least ten freeholders eligible
voters for each 50 resident pupils in average daily membership
during the preceding school year as shown on the records in the
office of the commissioner of education. In no case shall the
petition for an examination of a town bear the names of less
than 25 registered voters; and provided, that in the case of
school districts, the petition shall be signed by at least ten
freeholders eligible voters. At the time it is circulated,
every petition shall contain a statement that the cost of the
audit will be borne by the city, town, or school district as
provided by law. Thirty days before the petition is delivered
to the state auditor it shall be presented to the appropriate
city, town or school district clerk and the county auditor. The
county auditor shall determine and certify whether the petition
is signed by the required number of registered voters or
freeholders eligible voters as the case may be. The certificate
shall be conclusive evidence thereof in any action or proceeding
for the recovery of the costs, charges and expenses of any
examination made pursuant to the petition.
Sec. 3. Minnesota Statutes 1982, section 6.62, subdivision
1, is amended to read:
Subdivision 1. [LEVY OF TAX.] Counties, cities and towns
are authorized, if necessary, to levy, over and above tax levy
limitations for other governmental purposes, an amount
sufficient to pay the expense of a post-audit by the state
auditor.
A school district is authorized to levy an amount
sufficient to pay for the expense of a post-audit by the state
auditor if the audit is performed at the discretion of the state
auditor pursuant to section 6.51 or if the audit has been
requested through a petition by freeholders eligible voters
pursuant to section 6.54. A school district is not authorized
to levy these amounts if the post-audit by the state auditor is
requested by the school board pursuant to section 6.55.
Sec. 4. Minnesota Statutes 1982, section 120.0751,
subdivision 3, is amended to read:
Subd. 3. [CRITERIA FOR APPROVAL.] In granting or denying
approving or disapproving the application the state board of
education shall consider the following criteria:
(a) if the circumstances of the pupil are similar or
analogous to the exceptions permitted by section 120.075,
whether attending school in the district of residence creates a
particular hardship for the pupil; and (b) whether the
circumstances of the pupil are similar or analogous to the
exceptions permitted by section 120.075. or
(b) if the pupil has been continuously enrolled for at
least two years in a district of which the pupil was not a
resident because of an error made in good faith about the actual
district of residence, whether attending school in the district
of residence creates a particular hardship for the pupil. If
the board finds that a good faith error was made and that
attending school in the district of residence would create a
particular hardship for the siblings of that pupil or foster
children of that pupil's parents, it may separately approve an
application for any or all of the siblings of the pupil who are
related by blood, adoption, or marriage and for foster children
of the pupil's parents.
Sec. 5. [120.191] [SPECIAL EDUCATION DIRECTOR.]
The authority for the selection and employment of the
director of a special education cooperative established pursuant
to section 120.17 or 471.59 shall be vested in the governing
board of the cooperative. Notwithstanding the provisions of
section 125.12, subdivision 6a or 6b, no individual shall have a
right to employment as a director based on seniority or order of
employment by the cooperative.
Sec. 6. Minnesota Statutes 1982, section 121.15, is
amended to read:
121.15 [PLANS AND SPECIFICATIONS FOR SCHOOL BUILDINGS
REVIEW AND COMMENT FOR SCHOOL DISTRICT CONSTRUCTION.]
The state board shall prescribe rules for school sites and
for the mechanical equipment, erection, enlargement, and change
of school buildings. All plans and specifications for the
erection, enlargement, and change of school buildings shall
first be submitted to the state department of education for
approval before the contract is let and no new school buildings
shall be erected or any building enlarged or changed until the
plans and specifications have been submitted to, and approved
by, the state department. The state board shall include in such
rules those made, from time to time, by the state commissioner
of health relative to sanitary standards for toilets, water
supply, and disposal of sewage in public school buildings. In
all other respects the authority to make rules for public school
buildings shall be vested in the state board, which shall have
the power to prepare and furnish to local school boards plans
and specifications for temporary school buildings, containing
two classrooms or less. The state board in approving
construction plans may specifically qualify its approval as
limited solely to physical plant, plans and specifications and
it may specifically reserve its approval as to the advisability
of construction from an educational program standpoint. Under
such rules and procedure as the state board shall prescribe, the
state department may condemn school buildings and sites which
are unfit or unsafe for use as such.
Subdivision 1. [CONSULTATION.] A school district shall
consult with the department of education before developing any
plans and specifications to construct, remodel, or improve the
building or site of an educational facility. This consultation
shall occur before a referendum for bonds, solicitation for
bids, or use of capital funds according to section 275.125,
subdivision 11a, clause (c), is initiated.
Subd. 2. [PLAN SUBMITTAL.] The department of education,
after the consultation required in subdivision 1, may require a
school district engaging in a construction, remodeling, or site
improvement project to submit for approval:
(a) two sets of preliminary plans for each new building or
addition, and
(b) one set of final plans for each construction,
remodeling, or site improvement project. The department of
education shall approve or disapprove the plans within 60 days
after submission. A school district shall not award contracts
before the department approves the plans.
Final plans shall meet all applicable state laws, rules,
and codes concerning public buildings, including sections 16.83
to 16.87. The department of education's approval shall be
limited to compliance with applicable state laws, rules, and
codes and shall reasonably conform to the recommended
educational standards established by the department of
education. The department may furnish to a school district
plans and specifications for temporary school buildings
containing two classrooms or less.
Subd. 3. [FINAL PLANS.] If no construction contract has
been awarded within two years of approval, the approval shall no
longer be valid. After approval, final plans and the approval
shall be filed with the department of education. If substantial
changes are made to plans after final approval, documents
reflecting the changes shall be submitted to the department of
education for approval. Upon completing a project, the school
board shall certify to the department that the project was
completed according to the approved plans.
Subd. 4. [CONDEMNATION OF SCHOOL BUILDINGS.] The
department of education may condemn school buildings and sites
which the state board of education determines are unfit or
unsafe for that use.
Subd. 5. [RULEMAKING.] The state board of education may
adopt rules for public school buildings.
Subd. 6. [REVIEW AND COMMENT.] No referendum for bonds or
solicitation of bids for new construction, expansion, or
remodeling of an educational facility which requires a capital
expenditure in excess of $400,000 per school site shall be
initiated prior to review and comment by the commissioner. A
school board shall not separate portions of a single project
into components to avoid the requirements of this subdivision.
Subd. 7. [INFORMATION REQUIRED.] A school board proposing
to construct a facility described in subdivision 6 shall submit
to the commissioner a proposal containing information including
at least the following:
(a) the geographic area proposed to be served, whether
within or outside the boundaries of the school district;
(b) the population proposed to be served, including census
findings and projections of the number of preschool and
school-aged people in the area;
(c) the reasonably anticipated need for the facility or
service to be provided;
(d) a description of the construction in reasonable detail,
including: the capital expenditures contemplated; the estimated
annual operating cost, including the anticipated salary and
number of new staff necessitated by the proposal; and an
evaluation of the energy efficiency and effectiveness of the
construction, including estimated annual energy costs;
(e) so far as is known, existing facilities within the area
to be served that offer the same or similar service; the extent
existing facilities or services are used; the extent to which
space is available from other sources, including institutions
for higher education or other public buildings; and the
anticipated effect that the proposal will have on existing
facilities and services;
(f) the anticipated benefit to the area that will result
from the facility;
(g) if known, the relationship of the proposed construction
to any priorities which have been established for the area to be
served;
(h) the availability and manner of financing the facility
and the estimated date to begin and complete the facility; and
(i) desegregation requirements that cannot be met by any
other reasonable means.
Subd. 8. [REVIEW OF PROPOSALS.] In reviewing each
proposal, the commissioner shall submit to the school board,
within 60 days of receiving the proposal, the review and comment
about the educational and economic advisability of the project.
The review and comment shall be based on information submitted
with the proposal and other information the commissioner
determines is necessary.
Subd. 9. [PUBLICATION.] At least 20 days but not more than
60 days before a referendum for bonds or solicitation of bids to
construct a facility, the school board shall publish the
commissioner's review and comment in a legal newspaper of
general circulation in the area. Supplementary information
shall be available to the public.
Subd. 10. [REPORT.] Before January 15 of each year, the
commissioner shall report to the legislature about the number
and nature of proposals for projects submitted according to this
section, the nature of the review and comment on the educational
and economic advisability, and any recommendations.
Sec. 7. Minnesota Statutes 1982, section 121.908, is
amended to read:
121.908 [REQUIREMENT FOR ACCOUNTING, BUDGETING AND
REPORTING.]
Subdivision 1. On or before June 30, 1977, each Minnesota
school district shall adopt the uniform financial accounting and
reporting standards for Minnesota school districts provided for
in section 121.902.
Subd. 2. Each Minnesota school district shall submit to
the commissioner by August 15, 1977 and August 15 of each year
thereafter, an unaudited financial statement for the preceding
fiscal year. This statement shall be submitted on forms
prescribed by the commissioner after consultation with the
advisory council on uniform financial accounting and reporting
standards.
Subd. 3. Prior to June 30 By December 31 of the calendar
year following of the submission of the unaudited financial
statement, the school district shall provide to the commissioner
and state auditor an audited financial statement prepared in a
form which will allow comparison with and correction of material
differences in the unaudited statement.
Subd. 3a. Prior to July 1, 1978 and July 1 of each year
thereafter, the school board of each district shall approve and
adopt its revenue and expenditure budgets for the next school
year. The budget document so adopted shall be considered an
expenditure-authorizing or appropriations document. No funds
shall be expended by any board or district for any purpose in
any school year prior to the adoption of the budget document
which authorizes that expenditure, or prior to an amendment to
the budget document by the board to authorize the expenditure.
Expenditures of funds in violation of this subdivision shall be
considered unlawful expenditures.
Subd. 4. Each Minnesota school district shall submit to
the department by August 15, 1977, and by August 15 of each year
thereafter, on forms prescribed by the commissioner, the revenue
and expenditure budgets adopted for that fiscal year.
Subd. 5. All governmental units formed by joint powers
agreements entered into by school districts pursuant to sections
120.17, 123.351, 471.59, or any other law and all educational
cooperative service units shall be subject to the provisions of
this section.
Sec. 8. Minnesota Statutes 1982, section 121.936, is
amended by adding a subdivision to read:
Subd. 4a. By July 1, 1984, the department of education
shall develop and implement an alternative reporting system for
submission of financial data in summary form. This system shall
accommodate the use of a microcomputer finance system to be
developed and maintained by the department of education. The
alternative reporting system must comply with sections 121.90 to
121.917. The provisions of this subdivision shall not be
construed to require the department to purchase computer
hardware nor to prohibit the department from purchasing services
from any regional management information center or the Minnesota
educational computing consortium.
Sec. 9. Minnesota Statutes 1982, section 122.23,
subdivision 2, is amended to read:
Subd. 2. Upon a resolution of a school board in the area
proposed for consolidation or upon receipt of a petition
therefor executed by 25 percent of the voters resident in the
area proposed for consolidation or by 50 such voters, whichever
is lesser, the county auditor of the county which contains the
greatest land area of the proposed new district shall forthwith
cause a plat to be prepared. The resolution or petition shall
show the approximate area proposed for consolidation. The
resolution or petition may propose either that the bonded debt
of the component districts will be paid according to the levies
previously made for that debt under chapter 475, as provided in
subdivision 16a, or that the taxable property in the newly
created district will be taxable for the payment of the bonded
debt previously incurred by any component district as provided
in subdivision 16b. The resolution or petition may also propose
that referendum levies previously approved by voters of the
component districts pursuant to section 275.125, subdivision 2d,
or its predecessor provision, be combined as provided in section
122.531, subdivision 2a or 2b, or that the referendum levies be
discontinued. The resolution or petition may also propose that
the board of the newly created district consist of seven
members, and may also propose the establishment of separate
election districts from which school board members will be
elected, the boundaries of these election districts, and the
initial term of the member elected from each of these election
districts. If more than one request for a plat is received by a
county auditor and the requests involve parts of identical
districts, he shall forthwith prepare a plat which in his
opinion best serves the educational interests of the inhabitants
of the districts or areas affected. The plat shall show:
(a) Boundaries of the proposed district, as determined by
the county auditor, and present district boundaries,
(b) The location of school buildings in the area proposed
as a new district and the location of school buildings in
adjoining districts,
(c) The boundaries of any proposed separate election
districts, in accordance with the provisions of section 123.32,
and
(d) Other pertinent information as determined by the county
auditor.
Sec. 10. Minnesota Statutes 1982, section 122.23,
subdivision 3, is amended to read:
Subd. 3. A supporting statement to accompany the plat
shall be prepared by the county auditor. The statement shall
contain:
(a) The adjusted assessed valuation of property in the
proposed district,
(b) If a part of any district is included in the proposed
new district, the adjusted assessed valuation of the property
and the approximate number of pupils residing in the part of the
district included shall be shown separately and the adjusted
assessed valuation of the property and the approximate number of
pupils residing in the part of the district not included shall
also be shown,
(c) The reasons for the proposed consolidation, including a
statement that at the time the plat is submitted to the state
board of education, no proceedings are pending to dissolve any
district involved in the plat unless all of the district to be
dissolved and all of each district to which attachment is
proposed is included in the plat,
(d) A statement showing that the jurisdictional fact
requirements of subdivision 1 are met by the proposal,
(e) Any proposal contained in the resolution or petition
regarding the disposition of the bonded debt or referendum
levies of component districts,
(f) Any other information the county auditor desires to
include, and
(g) The signature of the county auditor.
Sec. 11. Minnesota Statutes 1982, section 122.531,
subdivision 2, is amended to read:
Subd. 2. [CONSOLIDATION AND VOLUNTARY DISSOLUTION:
REFERENDUM LEVIES.] As of the effective date of a consolidation
pursuant to section 122.23 or the voluntary dissolution of a
district and its attachment to one or more existing districts
pursuant to section 122.22, the authorization for all referendum
levies previously approved by the voters of all affected
districts for those districts pursuant to section 275.125,
subdivision 2d, or its predecessor or successor provision, is
canceled. However, if all of the territory of any independent
district is included in the newly created enlarged district, and
if the adjusted assessed valuation of taxable property in that
territory comprises 90 percent or more of the adjusted assessed
valuation of all taxable property in a newly created or an
enlarged district, the board of the newly created or enlarged
district may levy the increased amount previously approved by a
referendum in the pre-existing independent district upon all
taxable property in the newly created or enlarged district. Any
new referendum levy shall be certified only after approval is
granted by the voters of the entire newly created or enlarged
district in an election pursuant to section 275.125, subdivision
2d, or its successor referendum provision.
Sec. 12. Minnesota Statutes 1982, section 122.531, is
amended by adding a subdivision to read:
Subd. 2a. [CONSOLIDATION; MAXIMUM AUTHORIZED REFERENDUM
LEVIES.] As of the effective date of a consolidation pursuant to
section 122.23, if the plan for consolidation so provides, or if
the plan for consolidation makes no provision concerning
referendum levies, the authorization for all referendum levies
previously approved by the voters of all affected districts for
those districts pursuant to section 275.125, subdivision 2d, or
its predecessor provision shall be recalculated as provided in
this subdivision. The referendum levy authorization for the
newly created district shall be the millage that would raise an
amount equal to the combined dollar amount of the referendum
levies authorized by each of the component districts for the
year preceding the consolidation, unless the referendum levy
authorization of the newly created district is subsequently
modified pursuant to section 275.125, subdivision 2d. If the
referendum levy authorizations for each of the component
districts were limited to a specified number of years, the
referendum levy authorization for the newly created district
shall continue for a period of time equal to the longest period
authorized for any component district. If the referendum levy
authorization of any component district is not limited to a
specified number of years, the referendum levy authorization for
the newly created district shall not be limited to a specified
number of years.
Sec. 13. Minnesota Statutes 1982, section 122.531, is
amended by adding a subdivision to read:
Subd. 2b. [ALTERNATIVE METHOD.] As of the effective date
of a consolidation pursuant to section 122.23, if the plan for
consolidation so provides, the authorization for all referendum
levies previously approved by the voters of all affected
districts for those districts pursuant to section 275.125,
subdivision 2d, or its predecessor provision shall be combined
as provided in this subdivision. The referendum levy
authorization for the newly created district may be any millage
provided in the plan for consolidation, but may not exceed the
millage that would raise an amount equal to the combined dollar
amount of the referendum levies authorized by each of the
component districts for the year preceding the consolidation. If
the referendum levy authorizations for each of the component
districts were limited to a specified number of years, the
referendum levy authorization for the newly created district
shall continue for a period of time equal to the longest period
authorized for any component district. If the referendum levy
authorization of any component district is not limited to a
specified number of years, the referendum levy authorization for
the newly created district shall not be limited to a specified
number of years. The referendum levy authorization for the
newly created district may be modified pursuant to section
275.125, subdivision 2d.
Sec. 14. Minnesota Statutes 1982, section 122.531, is
amended by adding a subdivision to read:
Subd. 2c. If the plan for consolidation provides for
discontinuance of referendum levies previously approved by
voters of the component districts pursuant to section 275.125,
subdivision 2d, or its predecessor provision, the newly created
district shall not make a referendum levy unless the voters of
the newly created district authorize a referendum levy pursuant
to section 275.125, subdivision 2d.
Sec. 15. Minnesota Statutes 1982, section 123.32, is
amended by adding a subdivision to read:
Subd. 29. [REQUIREMENTS FOR PETITIONS.] Any petition to a
school board authorized in this section or section 275.125 or
any other law which requires the board to submit an issue to
referendum or election shall meet the following requirements to
be valid.
(1) Each page of the petition shall contain a heading at
its top which specifies the particular action the board is being
petitioned to take. The signatures on any page which does not
contain such a heading shall all be invalidated. All pages of
the petition shall be assembled and filed with the board as a
single instrument.
(2) Each page of the petition shall contain an
authentication signed by the circulator of the petition
specifying as follows:
I personally have circulated this page of the petition, all
signatures were made in my presence, I believe that each person
signed his or her own name and that each person who has signed
is eligible to vote in a school district election according to
Minnesota Statutes, section 123.32.
Signed: ................................
Signature of Petition Circulator
Date: .................................
The signatures on any page which does not contain such an
authentication shall all be invalidated.
(3) Each signer of the petition shall personally sign his
own name in ink or indelible pencil and shall indicate after his
name his place of residence by street and number, or other
description sufficient to identify the place. Except as
provided in clause (4) of this subdivision, any signature which
does not meet these requirements shall be invalidated.
(4) An individual who is unable to write his name shall be
required to make his mark on the petition. The circulator of
the petition shall certify the mark by signing the individual's
name and address and shall thereafter print the phrase "mark
certified by petition circulator."
(5) A petition to be valid must contain the minimum number
of valid signatures of eligible voters specified in the law
authorizing the petition and election.
Sec. 16. Minnesota Statutes 1982, section 123.33,
subdivision 10, is amended to read:
Subd. 10. The school board of any school district of this
state by a two-thirds vote may become a member of the Minnesota
school boards association or the Minnesota association of public
schools, or the metropolitan area school board association, and
appoint one or more of its members to attend its annual
meeting. The amount of annual membership dues in the
association and actual and necessary expense incurred in
attending such meeting shall be paid as other expenses of the
district are paid. The school board of any school district of
this state may maintain such membership and pay membership dues
only in the event the associations file annual financial
statements showing detailed expenditures and receipts with the
commissioner of education no later than October 1 of each year.
The statements to the commissioner shall be made on forms
prescribed by him no later than July 15 of each year.
Sec. 17. Minnesota Statutes 1982, section 123.33,
subdivision 14, is amended to read:
Subd. 14. The school board of any school district of this
state by a two-thirds vote may become a member of an association
of vocational schools and may appoint one or more of its members
to attend the annual meeting of such association. The amount of
annual membership dues in the association and actual and
necessary expenses incurred in attending such meeting shall be
paid as other expenses of the district are paid. The school
board of any school district of this state may maintain such
membership and pay membership dues only in the event the
association files annual financial statements showing detailed
expenditures and receipts with the commissioner of education no
later than October 1 of each year. The statements to the
commissioner shall be made on forms prescribed by him no later
than July 15 of each year.
Sec. 18. Minnesota Statutes 1982, section 123.34,
subdivision 9, is amended to read:
Subd. 9. [SUPERINTENDENT.] All districts maintaining a
classified secondary school shall employ a superintendent who
shall be an ex officio a nonvoting member of the school board
but not entitled to vote therein. The authority for selection
and employment of a superintendent shall be vested in the school
board in all cases. Notwithstanding the provisions of section
sections 122.532, 122.541, 125.12, subdivision 6a or 6b, or any
other law to the contrary, no individual shall have a right to
employment as a superintendent based on seniority or order of
employment in the any district. The superintendent in such
districts of a district shall visit the schools of the district,
and exercise a general supervision over them, and report their
condition to the board, with proper recommendations, when he
deems it advisable, or when requested by the board. He shall
make recommendations to the board concerning the employment and
dismissal of teachers. He shall superintend the grading of the
schools and examinations for promotions and perform such other
duties as the board shall prescribe. He shall make directly to
the commissioner such reports as shall be required perform the
following:
(a) visit and supervise the schools in the district, report
and make recommendations about their condition when advisable or
on request by the board;
(b) recommend to the board employment and dismissal of
teachers;
(c) superintend school grading practices and examinations
for promotions;
(d) make reports required by the commissioner of education;
and
(e) perform other duties prescribed by the board.
Sec. 19. Minnesota Statutes 1982, section 123.351,
subdivision 4, is amended to read:
Subd. 4. [POWERS AND DUTIES.] (a) The center board shall
have the general charge of the business of the center and the
ownership of facilities. Where applicable, section 123.36,
shall apply. The center board may not issue bonds in its
behalf. Each participating district may issue its bonds for the
purpose of acquisition and betterment of center facilities in
the amount certified by the center board to such participating
district in accordance with chapter 475.
(b) The center board (1) may furnish vocational offerings
to any eligible person residing in any participating district;
(2) may provide special education for the handicapped and
disadvantaged; and (3) may provide any other educational
programs or services agreed upon by the participating
districts. Academic offerings shall be provided only under the
direction of properly licensed academic supervisory personnel.
(c) In accordance with subdivision 5, clause (b), the
center board shall certify to each participating district the
amount of funds assessed to the district as its proportionate
share required for the conduct of the educational programs,
payment of indebtedness, and all other proper expenses of the
center.
(d) The center board shall employ and contract with
necessary qualified teachers and administrators and may
discharge the same for cause pursuant to section 125.12. The
authority for selection and employment of a director shall be
vested in the center board. Notwithstanding the provisions of
section 125.12, subdivision 6a or 6b, no individual shall have a
right to employment as a director based on seniority or order of
employment by the center. The board may employ and discharge
other necessary employees and may contract for other services
deemed necessary.
(e) The center board may provide an educational program for
secondary and adult vocational phases of instruction. The high
school phase of its educational program shall be offered as a
component of the comprehensive curriculum offered by each of the
participating school districts. Graduation shall be from the
student's resident high school district. Insofar as applicable,
sections 123.35 to 123.40, shall apply.
(f) The center board may prescribe rates of tuition for
attendance in its programs by adults and nonmember district
secondary students.
Sec. 20. Minnesota Statutes 1982, section 123.36,
subdivision 9, is amended to read:
Subd. 9. The board may contract for the furnishing of heat
for its building for such terms as it may deem for the best
interest of the district, not exceeding ten years. However, a
district may enter into a contract for a period not to exceed 30
years for a district heating system. Where it is necessary to
lay mains or pipes to connect these buildings with a heating
system, the district is authorized to advance all, or any part
of the cost thereof upon such terms and conditions as shall be
agreed upon.
Sec. 21. Minnesota Statutes 1982, section 123.39,
subdivision 4, is amended to read:
Subd. 4. The board may provide for the instruction of any
resident pupil in another district when inadequate room,
distance to school, unfavorable road conditions, or other facts
or conditions make attendance in his own district unreasonably
difficult or impractical, in which case such district shall pay
to the district so attended the tuition agreed upon or charged,
pursuant to section 124.18, subdivision 2, and may provide
transportation; provided, that such pupil shall continue to be a
pupil of the district of his residence for the payment of
apportionment and other state aids.
Sec. 22. Minnesota Statutes 1982, section 124.14,
subdivision 1, is amended to read:
Subdivision 1. The state board shall supervise
distribution of the school aids and grants in accordance with
law. It may make rules and regulations consistent with law for
such the distribution which will to enable districts to perform
efficiently the services required by law and further education
in the state, including reasonable requirements for such the
reports and accounts to it as will assure accurate and lawful
apportionment of aids. State and federal aids and discretionary
or entitlement grants distributed by the state board shall not
be subject to the contract approval procedures of the
commissioner of administration or chapter 16. The commissioner
of education shall adopt internal procedures for administration
and monitoring of aids and grants.
Sec. 23. Minnesota Statutes 1982, section 124.15,
subdivision 5, is amended to read:
Subd. 5. [VIOLATION; AID REDUCTION.] If the violation
specified is corrected within the time permitted, or if the
commissioner on being notified of the district board's decision
to dispute decides such the violation does not exist, or if the
state board decides after hearing no violation specified in the
commissioner's notice existed at the time thereof of it, or that
such as any which existed were corrected within the time
permitted, there will shall be no reduction of special state
aids payable to such the school district;. Otherwise special
state aids payable to the district for the year in which the
violation occurred will shall be reduced as follows: The total
amount of special state aids to which the district may be
entitled will shall be reduced in the proportion that the period
during which a specified violation continued, computed from the
last day of the time permitted for correction, bears to the
total number of days school is held in the district during the
year in which such a violation exists, multiplied by 60 percent
of the product of the foundation aid formula allowance times its
total pupil units for that year.
Sec. 24. Minnesota Statutes 1982, section 124.19,
subdivision 3, is amended to read:
Subd. 3. [UNCERTIFIED TEACHERS; AID REDUCTION.] When a
district employs a teacher one or more teachers that who do
not hold a valid teaching certificate, special state aid shall
be withheld in the proportion that the number of such teachers
is to the total number of teachers employed by the district,
multiplied by 60 percent of the product of the foundation aid
formula allowance times its total pupil units for the year in
which the employment occurred.
Sec. 25. Minnesota Statutes 1982, section 124.43,
subdivision 1, is amended to read:
Subdivision 1. [REVIEW BY COMMISSIONER.] (a) To the extent
moneys are from time to time available hereunder, the
commissioner may, after review and a favorable recommendation by
the state board of education, make recommend to the legislature
capital loans to school districts. Proceeds of the loans shall
be used only for sites for school buildings and for acquiring,
bettering, furnishing, or equipping school buildings under
contracts to be entered into within 12 months from and after the
date on which each loan is granted. Applications with the
accompanying data specified in subdivision 2 shall be filed
between October 1 of any year and the following June 1.
(b) Any board which intends to submit an application for a
capital loan shall submit a proposal to the commissioner for
review and comment pursuant to section 122.90 121.15, and the
commissioner shall prepare a review and comment on the proposed
facility, regardless of the amount of the capital expenditure
required to construct the facility. The state board shall not
make a favorable recommendation on an application for a capital
loan for any facility unless:
(1) the facility receives a favorable review and comment
pursuant to section 122.90 121.15; and
(2) the state board determines that
(A) the facilities are needed to replace facilities
dangerous to the health and safety of pupils, or to provide for
pupils for whom no adequate facilities exist;
(B) the facilities could not be made available through
dissolution and attachment of the district to another district
or through pairing, interdistrict cooperation, or consolidation
with another district, or through the purchase or lease of
facilities from existing institutions within the area. The
preference of the school district regarding reorganization shall
not be a criterion used by the state board in determining
whether the facilities could be made available through
reorganization;
(C) the facilities are comparable in size and quality to
facilities recently constructed in other districts of similar
enrollment; and
(D) the district's need for the facilities is comparable to
needs which comparable districts are meeting through local bond
issues.
The state board may recommend that the loan be approved in
a reduced amount in order to meet the foregoing criteria. If
the state board recommends that a loan not be approved, the
commissioner shall not approve recommend approval of the loan,
and. If the state board recommends that the loan be approved in
a reduced amount, the commissioner shall not approve recommend
approval of a loan larger than that recommended by the state
board.
(c) As part of reviewing an application for a capital loan,
the commissioner of education shall prepare estimated yearly
repayments by the school district and the estimated amount of
principal and interest that may be forgiven after the term of
the loan. These estimates shall assume no growth in assessed
valuation over the term of the loan, shall assume a 16 mill
levy, and shall be prepared using a methodology approved by the
commissioner of finance. The commissioner of education shall
use a discount factor provided by the commissioner of finance in
determining the present value of the estimated amount of
interest and principal which may be forgiven after the term of
the loan.
(c) (d) No loan shall be approved recommended for approval
for any district exceeding an amount computed as follows:
(1) The amount voted by the district under subdivision 2;
(2) Plus the aggregate principal amount of general
obligation bonds of the district outstanding on the date of
approval, not exceeding the limitation on net debt of the
district in section 475.53, subdivision 4, or 24 percent of the
adjusted assessed value, whichever is less;
(3) Less the maximum net debt permissible for the district
on the date of approval, under the limitation in section 475.53,
subdivision 4, or 24 percent of the adjusted assessed value,
whichever is less; and
(4) Less any amount by which the amount voted exceeds the
total cost of the facilities for which the loan is granted, as
estimated in accordance with subdivision 4, provided that the
loan may be approved in an amount computed as provided in
clauses (1) to (3), subject to subsequent reduction in
accordance with this clause.
Sec. 26. [124.435] [APPROVAL BY LEGISLATURE.]
After review of an application for a capital loan, the
commissioner of education shall submit the application to the
education committees of the legislature. The legislature may
approve, disapprove, or modify the application. After the
legislature has approved the application, the commissioner shall
grant the loan for the purposes and in the amount specified by
the legislature.
Sec. 27. [125.032] [LICENSURE; COMMUNITY EDUCATION
INSTRUCTORS.]
Subdivision 1. [EXEMPTION.] Notwithstanding the provisions
of any law to the contrary and except as otherwise provided in
this section, a person who teaches in a community education
program established pursuant to sections 121.85 to 121.88 is
exempt from all licensure requirements.
Subd. 2. [EXCEPTIONS.] A person who teaches in a community
education program which qualifies for aid pursuant to section
124.26 shall continue to meet licensure requirements as a
teacher. A person who teaches in an early childhood and family
education program which is offered through a community education
program and which qualifies for per capita aid pursuant to
section 124.271 shall continue to meet licensure requirements as
a teacher. A person who teaches in a community education course
which is offered for credit for graduation to persons under 18
years of age shall continue to meet licensure requirements as a
teacher. A person who teaches a driver training course which is
offered through a community education program to persons under
18 years of age shall be licensed by the board of teaching. A
license which is required for an instructor in a community
education program pursuant to this subdivision shall not be
construed to bring an individual within the definition of a
teacher for purposes of section 125.12, subdivision 1, or
section 125.17, subdivision 1, clause (a). A community
education instructor shall not be defined as a teacher pursuant
to section 179.63, subdivision 13, or be a member of a teacher
bargaining unit solely as a result of that individual's
employment in a community education program.
Sec. 28. Minnesota Statutes 1982, section 125.05, is
amended by adding a subdivision to read:
Subd. 5. [PROVISIONAL LICENSES; PROHIBITED.] The board of
teaching shall grant no new provisional licenses. By January
15, 1984, the state board and commissioner of education shall
submit a report to the education committees of the legislature
with recommendations on provisional licenses.
Sec. 29. Minnesota Statutes 1982, section 125.12, is
amended by adding a subdivision to read:
Subd. 1a. [NONPROVISIONAL LICENSE DEFINED.] For purposes
of this section, "nonprovisional license" shall mean an
entrance, continuing, or life license.
Sec. 30. Minnesota Statutes 1982, section 125.12,
subdivision 6a, is amended to read:
Subd. 6a. [NEGOTIATED UNREQUESTED LEAVE OF ABSENCE.] The
school board and the exclusive bargaining representative of the
teachers may negotiate a plan providing for unrequested leave of
absence without pay or fringe benefits for as many teachers as
may be necessary because of discontinuance of position, lack of
pupils, financial limitations, or merger of classes caused by
consolidation of districts. Failing to successfully negotiate
such a plan, the provisions of subdivision 6b shall apply. The
negotiated plan shall not include provisions which would result
in the exercise of seniority by a teacher holding a provisional
license, other than a vocational education license, contrary to
the provisions of subdivision 6b, clause (c), or the
reinstatement of a teacher holding a provisional license, other
than a vocational education license, contrary to the provisions
of subdivision 6b, clause (e). The provisions of section 179.72
shall not apply for the purposes of this subdivision.
Sec. 31. Minnesota Statutes 1982, section 125.12,
subdivision 6b, is amended to read:
Subd. 6b. [UNREQUESTED LEAVE OF ABSENCE.] The school board
may place on unrequested leave of absence, without pay or fringe
benefits, as many teachers as may be necessary because of
discontinuance of position, lack of pupils, financial
limitations, or merger of classes caused by consolidation of
districts. The unrequested leave shall be effective at the
close of the school year. In placing teachers on unrequested
leave, the board shall be governed by the following provisions:
(a) The board may place probationary teachers on
unrequested leave first in the inverse order of their
employment. No teacher who has acquired continuing contract
rights shall be placed on unrequested leave of absence while
probationary teachers are retained in positions for which the
teacher who has acquired continuing contract rights is licensed;
(b) Teachers who have acquired continuing contract rights
shall be placed on unrequested leave of absence in fields in
which they are licensed in the inverse order in which they were
employed by the school district. In the case of equal
seniority, the order in which teachers who have acquired
continuing contract rights shall be placed on unrequested leave
of absence in fields in which they are licensed shall be
negotiable;
(c) Notwithstanding the provisions of clause (b), no
teacher shall be entitled to exercise any seniority when that
exercise results in that teacher being retained by the district
in a field for which the teacher holds only a provisional
license, as defined by the board of teaching, unless that
exercise of seniority results in the placement on unrequested
leave of absence of another teacher who also holds a provisional
license in the same field. The provisions of this clause shall
not apply to vocational education licenses;
(c) (d) Notwithstanding clauses (a) and, (b) and (c), if
either the placing of a probationary teacher on unrequested
leave before a teacher who has acquired continuing rights, or
the placing of a teacher who has acquired continuing contract
rights on unrequested leave before another teacher who has
acquired continuing contract rights but who has greater
seniority, or the restriction imposed by the provisions of
clause (c) would place the district in violation of its
affirmative action program, the district may retain the
probationary teacher or, the teacher with less seniority, or the
provisionally licensed teacher;
(d) (e) Teachers placed on unrequested leave of absence
shall be reinstated to the positions from which they have been
given leaves of absence or, if not available, to other available
positions in the school district in fields in which they are
licensed. Reinstatement shall be in the inverse order of
placement on leave of absence. No teacher shall be reinstated
to a position in a field in which the teacher holds only a
provisional license, other than a vocational education license,
while another teacher who holds a nonprovisional license in the
same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are
placed on unrequested leave in the same school year shall be
negotiable;
(e) (f) No appointment of a new teacher shall be made while
there is available, on unrequested leave, a teacher who is
properly licensed to fill such vacancy, unless the teacher fails
to advise the school board within 30 days of the date of
notification that a position is available to him that teacher,
that he or she may return to employment and that he or she will
assume the duties of the position to which appointed on a future
date determined by the board;
(f) (g) A teacher placed on unrequested leave of absence
may engage in teaching or any other occupation during the period
of this leave;
(g) (h) The unrequested leave of absence shall not impair
the continuing contract rights of a teacher or result in a loss
of credit for previous years of service;
(h) (i) The unrequested leave of absence of a teacher who
is placed on unrequested leave of absence prior to January 1,
1978 and who is not reinstated shall continue for a period of
two years after which the right to reinstatement shall terminate.
The unrequested leave of absence of a teacher who is placed on
unrequested leave of absence on or after January 1, 1978 and who
is not reinstated shall continue for a period of five years,
after which the right to reinstatement shall terminate; provided
the teacher's right to reinstatement shall also terminate if he
or she fails to file with the board by April 1 of any year a
written statement requesting reinstatement;
(i) (j) The same provisions applicable to terminations of
probationary or continuing contracts in subdivisions 3 and 4
shall apply to placement on unrequested leave of absence;
(j) (k) Nothing in this subdivision shall be construed to
impair the rights of teachers placed on unrequested leave of
absence to receive unemployment compensation if otherwise
eligible.
Sec. 32. Minnesota Statutes 1982, section 125.17,
subdivision 1, is amended to read:
Subdivision 1. [WORDS, TERMS, AND PHRASES.] Unless the
language or context clearly indicates that a different meaning
is intended, the following words, terms, and phrases, for the
purposes of the following subdivisions in this section shall be
defined as follows:
(a) [TEACHERS.] The term "teacher" includes every person
regularly employed, as a principal, or to give instruction in a
classroom, or to superintend or supervise classroom instruction,
or as placement teacher and visiting teacher. Persons regularly
employed as counselors and school librarians shall be covered by
these sections as teachers if licensed as teachers or as school
librarians.
(b) [SCHOOL BOARD.] The term "school board" includes a
majority in membership of any and all boards or official bodies
having the care, management, or control over public schools.
(c) [DEMOTE.] The word "demote" means to reduce in rank or
to transfer to a lower branch of the service or to a position
carrying a lower salary or compensation.
(d) [NONPROVISIONAL LICENSE.] For purposes of this section,
"nonprovisional license" shall mean an entrance, continuing, or
life license.
Sec. 33. Minnesota Statutes 1982, section 125.17,
subdivision 11, is amended to read:
Subd. 11. [SERVICES TERMINATED BY DISCONTINUANCE OR LACK
OF PUPILS; PREFERENCE GIVEN.] (a) Any teacher whose services are
terminated on account of discontinuance of position or lack of
pupils shall receive first consideration for other positions in
the district for which she that teacher is qualified. In the
event it becomes necessary to discontinue one or more positions,
in making such discontinuance, teachers shall be discontinued in
any department in the inverse order in which they were employed.
(b) Notwithstanding the provisions of clause (a), no
teacher shall be entitled to exercise any seniority when that
exercise results in that teacher being retained by the district
in a field for which the teacher holds only a provisional
license, as defined by the board of teaching, unless that
exercise of seniority results in the termination of services, on
account of discontinuance of position or lack of pupils, of
another teacher who also holds a provisional license in the same
field. The provisions of this clause shall not apply to
vocational education licenses.
(c) Notwithstanding the provisions of clause (a), no
teacher shall be reinstated to a position in a field in which
the teacher holds only a provisional license, other than a
vocational education license, while another teacher who holds a
nonprovisional license in the same field is available for
reinstatement.
Sec. 34. Minnesota Statutes 1982, section 275.125,
subdivision 2d, is amended to read:
Subd. 2d. [REFERENDUM LEVY.] (1) The levy authorized by
subdivision 2a may be increased in any amount which is approved
by the voters of the district at a referendum called for the
purpose. Such a The referendum may be called by the school
board or shall be called by the school board upon written
petition of qualified voters of the district. The referendum
shall be held on a date set by the school board. Only one such
election two elections may be held to approve a levy increase
which will commence in a specific school year. However, more
than one referendum may be held to approve a levy increase to
commence in the 1983-1984 school year. The question on the
ballot shall state the maximum amount of the increased levy in
mills, the amount that will be raised by that millage in the
first year it is to be levied, and that the millage shall be
used to finance school operations. The question ballot may
designate a specific number of years for which the referendum
authorization shall apply. The ballot may contain a textual
portion with the information required in this subdivision and a
question stating substantially the following:
"Shall the increase in the levy proposed by (petition to)
the board of ........., School District No. .., be approved?"
If approved, the amount provided by the approved millage
applied to each year's taxable valuation shall be authorized for
certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a
subsequent referendum.
(2) A referendum on the question of revoking or reducing
the increased levy amount authorized pursuant to clause (1) of
this subdivision may be called by the school board and shall be
called by the school board upon the written petition of
qualified voters of the district. A levy approved by the voters
of the district pursuant to clause (1) of this subdivision must
be made at least once before it is subject to a referendum on
its revocation or reduction for subsequent years. Only one such
revocation or reduction election may be held to revoke or reduce
a levy for any specific year and for years thereafter.
(3) A petition authorized by clause (1) shall be effective
if signed by a number of qualified voters in excess of 15
percent, or ten percent if the school board election is held in
conjunction with a general election, of the average number of
voters at the two most recent district wide school elections. A
referendum invoked by petition shall be held within three months
of submission of the petition to the school board.
(4) A petition authorized by clause (2) shall be effective
if signed by a number of qualified voters in excess of five
percent of the residents of the school district as determined by
the most recent census. A revocation or reduction referendum
invoked by petition shall be held within three months of
submission of the petition to the school board.
(5) Notwithstanding any law to the contrary, the approval
of 50 percent plus one of those voting on the question is
required to pass a referendum.
(6) Within 30 days after the district holds a referendum
pursuant to this clause, the district shall notify the
commissioner of education of the results of the referendum.
Sec. 35. Minnesota Statutes 1982, section 136A.02,
subdivision 1, is amended to read:
Subdivision 1. The higher education coordinating board
shall consist of eight citizen members, one from each
congressional district, to be appointed by the governor with the
advice and consent of the senate, and three citizen members also
to be appointed by the governor by and with the advice and
consent of the senate to represent the state at large. All
appointees to the board shall be selected for their knowledge of
and interest in post secondary education and at least one shall
be selected specifically for his knowledge of and interest in
vocational education. No member of the board shall be an
employee of or receive compensation from a public or private
post-secondary institution while serving on the board.
Sec. 36. Minnesota Statutes 1982, section 475.61,
subdivision 3, is amended to read:
Subd. 3. [IRREVOCABILITY.] Tax levies so made and filed
shall be irrevocable, except as provided in this subdivision.
In each year when there is on hand any excess amount in the
debt service fund of a school district at the time the district
makes its property tax levies, the amount of the excess shall be
certified by the school board to the county auditor and the
auditor shall reduce the tax levy otherwise to be included in
the rolls next prepared by the amount certified, unless the
school board determines that the excess amount is necessary to
ensure the prompt and full payment of the obligations and any
call premium on the obligations, or will be used for redemption
of the obligations in accordance with their terms. An amount
shall be presumed to be excess for a school district in the
amount that it, together with the levy required by subdivision
1, will exceed 106 percent in excess of the amount needed to
meet when due the principal and interest payments on the
obligations due before the second following July 1. This
subdivision shall not limit a school board's authority to
specify a tax levy in a higher amount if necessary because of
anticipated tax delinquency.
If the governing body, including the governing body of a
school district, in any year makes an irrevocable appropriation
to the debt service fund of moneys actually on hand or if there
is on hand any excess amount in the debt service fund, the
recording officer may certify to the county auditor the fact and
amount thereof and the auditor shall reduce by the amount so
certified the amount otherwise to be included in the rolls next
thereafter prepared.
Sec. 37. Laws 1967, chapter 822, is amended by adding a
section to read:
Sec. 12. [OTHER PROGRAMS AND SERVICES.]
The board may also provide any other educational programs
or other services requested by a participating district.
However, these programs and services may not be post-secondary
programs or services. Academic offerings shall be provided only
under the direction of properly licensed academic supervisory
personnel.
Sec. 38. Laws 1969, chapter 775, section 3, subdivision 2,
as amended by Laws 1971, chapter 267, section 2, is amended to
read:
Subd. 2. It shall be the duty and the function of the
intermediate district to furnish to every person eligible
therefor residing in any part of such district and such other
resident of the state as provided by law the following:
(a) Vocational school facilities and instruction in
vocational-technical education;
(b) Facilities for and instruction in special education.
The board may also provide any other educational programs
or other services requested by a participating district.
However, these programs and services may not be post-secondary
programs or services. Academic offerings shall be provided only
under the direction of properly licensed academic supervisory
personnel.
Sec. 39. Laws 1969, chapter 1060, is amended by adding a
section to read:
Sec. 7. [OTHER PROGRAMS AND SERVICES.]
The board may also provide any other educational programs
or other services requested by a participating district.
However, these programs and services may not be post-secondary
programs or services. Academic offerings shall be provided only
under the direction of properly licensed academic supervisory
personnel.
Sec. 40. Laws 1974, chapter 237, section 1, is amended to
read:
Section 1. [INDEPENDENT SCHOOL DISTRICT NO. 709;
TERMINATION OF TEACHING POSITIONS.] Independent School District
No. 709, St. Louis county, and the exclusive representative of
teachers as defined by Minnesota Statutes, 1973 Supplement,
Section 179.63, Subdivision 13, may enter into a written
agreement with respect to the termination of such teachers due
to discontinuance of position or lack of pupils within the
school district, which may include a method, system or scheme
other than that provided by Minnesota Statutes, Section 125.17,
Subdivision 11, or any act amendatory thereof. The written
agreement entered into pursuant to this section shall not
include provisions allowing a teacher to exercise any seniority
when that exercise results in the teacher being retained by the
district in a field for which the teacher holds only a
provisional license, as defined by the board of teaching, other
than vocational education license, unless that exercise of
seniority results in the termination of services, on account of
discontinuance of position or lack of pupils, of another teacher
who also holds a provisional license in the same field. In
addition, the written agreement entered into pursuant to this
section shall not include provisions allowing a teacher to be
reinstated to a position in a field in which the teacher holds
only a provisional license, other than a vocational education
license, while another teacher who holds a nonprovisional
license in the same field is available for reinstatement.
Sec. 41. Laws 1981, chapter 358, article VII, section 29,
as amended by Laws 1981, Third Special Session chapter 1,
article 1, section 10, and by Laws 1982, chapter 548, article
IV, section 19, is amended to read:
Sec. 29. [EXEMPTION FROM PUBLIC SALE.]
Notwithstanding Minnesota Statutes, Section 124.76, from
June 1, 1981 July 1, 1983 until June 30, 1983 1985, the
requirements as to public sale of tax and aid anticipation
certificates of indebtedness shall not apply to certificates
which mature no later than twelve months after their date of
issue. The interest rate on these certificates may be
determined by direct negotiation.
Sec. 42. [BEMIDJI REGIONAL INTERDISTRICT COUNCIL.]
The Bemidji regional interdistrict council, formed
according to Minnesota Statutes, section 471.59, may acquire
real property by receiving a gift of the owner's equity and
either entering into a contract for deed or assuming the
obligations of the mortgage existing on the property. The real
property shall be used by the council for educational programs
and other related services. Each district which is a member of
the council shall pay its pro rata share of the mortgage or
contract for deed payments from its capital expenditure fund.
Sec. 43. [DATE OF CONSOLIDATION.]
Notwithstanding Minnesota Statutes, section 122.23,
subdivision 13, or any other law to the contrary, the effective
date of a consolidation of Independent School District No. 694,
Buhl, with one or more school districts may be a date in 1984,
as agreed upon by the school boards of the affected districts.
Sec. 44. [BOARD OF CONSOLIDATED DISTRICT.]
Independent School District No. 694, Buhl, and one or more
districts with which it consolidates according to Minnesota
Statutes, section 122.23, and any other applicable provisions of
law, may agree to any of the following:
(a) A school board of not more than seven members, (b)
election districts of the size and with the population desired
by the consolidating districts, and (c) election of school board
members in any manner agreed upon, such as at large from a
previously existing district or from the newly consolidated
district, some members at large, some members from election
districts or from previously existing districts. However, at
least six years after the first election of the consolidated
district board, the board shall comply with the general
provisions of law governing election of school board members. To
the extent the provisions of Minnesota Statutes, section 122.23,
or any other applicable law are inconsistent with this section,
the provisions of this section shall apply.
Sec. 45. [PILOT PROJECTS USING MICROCOMPUTERS.]
The department of education shall pilot test
microcomputer-based financial reporting systems in up to eight
school districts during the 1983-1984 school year. The
alternative reporting system must comply with Minnesota
Statutes, sections 121.90 to 121.917.
The school districts selected as pilot sites shall operate
parallel reporting systems until such time that the department
certifies that the alternative system meets the reporting
requirements. The systems to be tested shall include one
developed by the Minnesota educational computing consortium and
at least one other available system recommended for testing by
the ESV computer council, in consultation with the department.
The alternative reporting systems operated by school districts
selected as pilot sites shall be exempt from the requirements in
Minnesota Statutes, section 121.936, subdivision 1, clause
(b)(2), for the 1983-1984 school year.
The department shall evaluate the pilot systems. The
evaluation shall include recommendations on the feasibility and
efficiency of reporting directly to the department, reporting to
the department through the regional management information
centers, or by other methods. The ESV computer council shall
review the evaluation of the pilot systems and report its
findings to the house education and appropriations committees
and senate education and finance committees by February 15,
1984. The cost of the evaluation shall be paid by the
department of education.
Sec. 46. [TIME PERIOD EXTENDED.]
Notwithstanding the provisions of Minnesota Statutes 1982,
section 125.185, and 5 MCAR S 3.002, the board of teaching shall
extend the time period to apply for a life license from July 1,
1982 to January 1, 1984.
Sec. 47. [NONRESIDENT PUPIL; INDEPENDENT SCHOOL DISTRICT
NO. 181.]
Subdivision 1. Any pupil who, as of June 30, 1983, has
continuously been enrolled for a period of two or more
consecutive school years in Independent School District No. 181
without a tuition agreement pursuant to section 123.39,
subdivision 5, or 124.18, subdivision 2, and was not a resident
of that district, may continue in enrollment in that district as
long as the pupil resides in a dwelling on the same property
upon which the pupil resided on May 1, 1983. Independent School
District No. 181 shall be considered the pupil's district of
residence.
Subd. 2. Subdivision 1 shall also apply to any brother or
sister of a qualified pupil who is related to that pupil by
blood, adoption or marriage and to any foster child of that
pupil's parents, as long as the sibling or foster child resides
in a dwelling on the same property upon which the qualified
pupil resided on May 1, 1983.
Subd. 3. The provisions of subdivisions 1 and 2 shall be
effective without local approval, according to Minnesota
Statutes, section 645.023, subdivision 1, clause (a).
Sec. 48. [CENTRAL MINNESOTA EDUCATIONAL RESEARCH AND
DEVELOPMENT COUNCIL.]
The central Minnesota educational research and development
council, an entity formed by member school districts pursuant to
Minnesota Statutes, section 471.59, is authorized pursuant to
resolution to issue bonds, notes, or other obligations on behalf
of its member school districts in order to provide funds to
carry out its purposes. The obligations so issued shall be
payable solely from the revenues, earnings, and assets of the
entity and not be a liability or debt of any of the member
school districts.
The obligations issued pursuant to this section may be
issued without an election. However, if the obligations are
issued for the acquisition or betterment of a building, an
election shall be required. The obligations issued pursuant to
this section may be sold at public or private sale and shall be
in the forms and amounts, bear interest and mature and be
subject to optional or mandatory redemption as the joint board
may determine. This section shall not limit or restrict the
ability of the member school districts to issue obligations or
incur indebtedness pursuant to section 471.59 without regard to
this section.
Sec. 49. [INTERMEDIATE SCHOOL DISTRICT STUDY.]
On December 1, 1983, the commissioner of education shall
report to the education committees of the legislature about
funding levels for secondary vocational services and special
education services offered by Intermediate School Districts Nos.
916, 917, and 287. The report shall include an analysis of the
use of special levies by intermediate districts and the ability
of intermediate school districts to provide programs, compared
to the ability of nonmember districts or cooperative centers to
provide programs.
The report shall include recommendations which would ensure
equal opportunities for all districts to provide secondary
vocational and special education services. The report shall
also include recommended procedures for defining operating fund
and capital fund needs, clarifying accounting procedures, and
establishing tuition rates at secondary vocational and special
education cooperatives. The report shall also include
recommendations on whether school district cooperatives
utilizing joint powers agreements should be able to
lease-purchase real property and any statutory changes necessary
to implement these recommendations.
Sec. 50. [ADMISSION REQUIREMENTS.]
Subdivision 1. [DEVELOPMENT OF PROPOSAL.] By November 15,
1983 the board of regents of the University of Minnesota, the
state university board, the community college board, and the
state board for vocational education shall develop proposals for
admission requirements for incoming freshmen. Each proposal
shall specify secondary curriculum requirements necessary for
admission into institutions of that system. The proposals may
include such requirements as minimum grade point average and
standardized test scores.
Subd. 2. [REVIEW AND COMMENT.] The higher education
coordinating board shall review and comment on the proposals
developed according to subdivision 1.
Subd. 3. [FACTORS.] In developing proposals, the boards
shall consider such factors as freshman level of preparedness
for post-secondary work, the distinct missions of each system,
the effect of the proposals on students, and the short-term and
long-term effect of the proposals on the quality of education at
all levels.
Subd. 4. [REPORT.] The higher education coordinating board
shall report to the education committees of the legislature by
January 1, 1984.
Sec. 51. [EXEMPTION FROM APPLICATION.]
The provisions of sections 29 to 33 and 40 shall not apply
to any final decisions relating to placing teachers, as defined
in Minnesota Statutes 1982, section 125.12, subdivision 1, on
unrequested leaves of absence or, in the case of cities of the
first class, termination of services of teachers, as defined in
Minnesota Statutes 1982, section 125.17, subdivision 1, on
account of discontinuance of position or lack of pupils made by
school boards prior to the effective date of this act. The
provisions of this act shall not apply to any school district
that, on the effective date of this act, is governed by a
contractual agreement which includes specific terms explicitly
allowing the exercise of seniority rights by teachers holding
provisional licenses, the results of which would be contrary to
the provisions of this act, until the expiration of that
contractual agreement. All contractual agreements entered into
after the effective date of this act shall be consistent with
this act.
Sec. 52. [REPEALER.]
Minnesota Statutes 1982, section 122.90, is repealed.
Sec. 53. [APPROPRIATION; COMMISSION ON EDUCATION.]
There is appropriated $150,000 from the general fund to the
legislative commission on public education. The sum is
available until June 30, 1985.
Sec. 54. [EFFECTIVE DATE.]
Sections 1, 5, 15, 18, 19, 27, 28, and 34 are effective the
day following final enactment.
ARTICLE 8
TECHNOLOGY AND EDUCATIONAL IMPROVEMENT
Section 1. [121.601] [SUBJECT AREA INSERVICE TRAINING.]
Subdivision 1. [ESTABLISHMENT.] The department of
education shall establish a program for providing inservice
training to school district staff. During the first year, the
program shall provide inservice training to elementary and
secondary staff in mathematics, science, and social science. For
each succeeding year of the program, the commissioner shall
recommend to the legislature subject areas for which inservice
training programs shall be provided. Inservice training
programs shall be designed to offer a broad spectrum of
experiences, including activities which require active
participant involvement rather than classroom lectures. To the
extent possible, the inservice training programs shall be
integrated with the technology inservice training provided
according to sections 14 and 15 of this article.
Subd. 2. [PROPOSALS.] Grant proposals submitted by
eligible applicants to the department shall include at least the
following:
(a) a variety of staff education activities which are
designed to assess and upgrade skills of those attending the
training programs;
(b) provisions for addressing the requirements for
licensure for those staff who currently are not licensed in the
designated areas but who desire to be so licensed;
(c) a plan for staff who participate in the training
program to return to their school districts and provide training
programs or disseminate information on inservice programs to
other staff in their districts and regions;
(d) a process for notifying staff in the state who teach in
the designated subject areas and who are eligible for the
program, a process for selecting staff to participate in the
inservice training program, and a mechanism for evaluation to be
provided to the state board upon completion of the program;
(e) an estimated budget for the program, which shall
provide for tuition expenses, related expenses including meals
and lodging, and a stipend for participants in the program; and
(f) other information that may be requested by the
department.
Subd. 3. [ELIGIBLE APPLICANTS.] The department may
allocate money to public or nonpublic institutions of higher
education, public or private nonprofit organizations,
educational cooperative service units, or school districts for
the purpose of providing inservice training according to this
section. When approving or disapproving grants, the department
shall ensure geographic accessibility of the programs to
teachers throughout the state and a balance of programs
available in different subject areas.
Subd. 4. [CONSULTATION.] When making grants for the
inservice training programs according to this section, the
department shall consult with elementary and secondary staff in
the designated subject areas to ensure that proposals submitted
incorporate recent research findings and address the retraining
needs of staff in those subject areas.
Subd. 5. [PRIVATE MONEY.] The commissioner of education
may accept contributions from additional private or public
sources to supplement state money provided by this section.
These contributions shall be added to the total amount of
available state money and shall be administered by the
department in the same manner as state money.
Subd. 6. [FEDERAL MONEY.] The commissioner of education
shall apply for and accept all federal money available for
inservice training programs in the designated subject areas.
Subd. 7. [APPLICATION DATES.] Applications for inservice
training programs to be conducted during a school year shall be
submitted to the department by January 15 preceding the
beginning of that school year. The department shall approve or
disapprove applications by the following March 1.
Sec. 2. [121.608] [INSTRUCTIONAL EFFECTIVENESS PLAN.]
By January 1, 1984, the commissioner of education shall
develop a comprehensive statewide plan for maintaining and
improving instructional effectiveness in the schools. The plan
shall encourage implementation of school effectiveness
strategies based on research findings in the area, develop
inservice training models for school district staff, integrate
developments in educational technology with classroom
instruction models, and develop a mechanism for establishing a
statewide network to coordinate and disseminate information on
research in instructional effectiveness. The commissioner may
employ consultants and specialists to assist in the development
of the plan, and, to the extent possible, shall utilize the
information provided by the planning, evaluation, and reporting
process and the statewide assessment program.
Sec. 3. [121.609] [INSTRUCTIONAL EFFECTIVENESS TRAINING.]
Subdivision 1. [ADVISORY TASK FORCE; PROGRAM MODEL.] By
January 1, 1984, the commissioner of education shall appoint an
advisory task force to assist the department of education, in
cooperation with the educational cooperative service units, in
developing an implementation model for training school district
staff in instructional effectiveness. The training program
model shall be based on established principles of instructional
design and the essential elements of effective instruction as
determined by educational research. The training program model
shall take into account the diverse needs of the school
districts due to such factors as district size and location, and
shall be structured to facilitate regional delivery of the
training through the educational cooperative service units.
Subd. 2. [PILOT TESTING OF TRAINING MODEL.] Between
January 1, 1984, and January 1, 1985, the commissioner shall
administer a pilot program of the instructional effectiveness
training models which shall be implemented in at least 20 pilot
sites throughout the state. The advisory task force established
in subdivision 1 of this section may recommend modifications in
the training models as necessary.
Subd. 3. [EVALUATION AND REPORT.] The commissioner shall
pay an independent evaluator to conduct an evaluation of the
effectiveness of this section. The evaluator shall submit a
report, including a sample survey of district personnel trained
at the pilot sites, to the commissioner by January 1, 1985.
Sec. 4. [121.612] [CITATION.]
Subdivision 1. This section may be cited as the "Minnesota
Academic Excellence Act."
Subd. 1a. [CREATION OF FOUNDATION.] There is created the
Minnesota Academic Excellence Foundation. The purpose of the
foundation shall be to promote academic excellence in Minnesota
public schools through a public-private partnership. The
foundation shall be a nonprofit organization.
Subd. 2. [BOARD OF DIRECTORS.] The board of directors of
the foundation shall consist of the governor or the governor's
designee; the chairpersons of the education committee and
education finance division in the house of representatives and
the chairpersons of the education committee and education
subcommittee on education aids in the senate; a minority member
of the house of representatives to be appointed by the house
minority leader; a minority member of the senate, to be
appointed by the senate minority leader; the commissioner of
education; and 15 members to be appointed by the governor. Of
the 15 members appointed by the governor, six shall represent
various education groups and nine shall represent various
business groups. The board of directors shall meet as soon as
possible after the effective date of this section. The
commissioner of education shall serve as secretary for the board
of directors and provide administrative support to the
foundation.
Subd. 3. [FOUNDATION PROGRAMS.] The foundation shall plan
for programs which advance the concept of educational
excellence. These may include but are not limited to:
(a) recognition programs and awards for students
demonstrating academic excellence;
(b) summer institute programs for students with special
talents;
(c) recognition programs for teachers, administrators, and
others who contribute to academic excellence;
(d) summer mentorship programs with business and industry
for students with special career interests and high academic
achievements;
(e) governor's awards ceremonies to promote academic
competition; and
(f) consideration of the establishment of a Minnesota high
school academic league.
To the extent possible, the foundation shall make these
programs available to students in all parts of the state.
Subd. 4. [PRIVATE FUNDING.] The foundation shall seek
private resources to supplement the available public money.
Individuals, businesses, and other organizations may contribute
to the foundation in any manner specified by the board of
directors. All money received shall be administered by the
board of directors.
Subd. 5. [REPORT.] By February 1, 1984, and February 1,
1985, the board of directors of the foundation shall report to
the education committees of the legislature on the progress of
its activities made pursuant to the provisions of this section.
Sec. 5. Minnesota Statutes 1982, section 122.41, is
amended to read:
122.41 [POLICY.]
It is hereby declared to be The policy of the state is to
encourage the organization of school districts into such local
units of administration as will to afford better educational
opportunities for all pupils, make possible a more economical
and efficient operation of the schools, and insure a more
equitable distribution of public school revenue. To this end
all area of the state shall be included in an independent or
special school district maintaining classified elementary and
secondary schools, grades one through twelve, unless a district
has made an agreement with another district or districts as
provided in section 8 of this article or 122.541.
Sec. 6. Minnesota Statutes 1982, section 122.43, is
amended to read:
122.43 [DISSOLUTION OF DISTRICTS NOT A PART OF INDEPENDENT
DISTRICTS.]
Subdivision 1. If there be Any organized school district
not a part of an independent school district maintaining
classified elementary and secondary schools, grades one through
twelve is dissolved, unless the district has made an agreement
with another district or districts as provided in section 8 of
this article or 122.541, such district shall hereby be dissolved.
Subd. 2. The board of each district so dissolved shall
continue to maintain school therein until all its territory
thereof has been attached to a proper district not later than
July 1, but. Such boards shall have power and authority only to
make such contracts and to do such things as are necessary to
maintain schools properly the schools for the period they may be
in session prior to the attachment.
Sec. 7. Minnesota Statutes 1982, section 122.44, is
amended to read:
122.44 [PROCEDURE FOR ATTACHMENT TO ORGANIZED DISTRICTS;
PROCEDURE.]
Subdivision 1. Upon notice and hearing, as provided in
section 122.22 for the attachment of dissolved districts, all
territory of school districts dissolved by sections 122.41 to
122.52 and all area of the state not in a district maintaining
classified elementary and secondary schools shall be attached by
order of the county board to organized districts maintaining
classified elementary and secondary schools, grades one through
twelve, unless a district has made an agreement with another
district or districts as provided in section 8 of this article
or 122.541.
Sec. 8. [122.535] [AGREEMENTS FOR SECONDARY EDUCATION.]
Subdivision 1. [APPLICABILITY.] The provisions of this
section shall apply to a district with fewer than 375 pupils
enrolled in grades 7 through 12.
Subd. 2. [AGREEMENT.] The school board may enter into one
or more agreements providing for instruction of its secondary
pupils in one or more districts. The agreement shall be
effective on July 1 and shall be for a specified or indefinite
number of years. The agreement shall set forth the obligations
of transportation, the tuition to be paid to the providing
district, and all additional charges and fees to be paid to the
providing district. The amount of tuition shall not be subject
to the provisions of section 124.18, subdivision 2. The
agreement may provide for negotiation of a plan for the
assignment or employment in a providing district as an exchange
teacher according to section 125.13, or placement on unrequested
leave of absence of teachers whose positions are discontinued as
a result of the agreement. "Teacher" has the meaning given it
in section 125.12, subdivision 1.
Subd. 3. [INFORMATIONAL MEETING.] Before entering into
agreements permitted by subdivision 2 of this section, the
school board shall hold a public hearing. The board shall
publish notice of the hearing in the newspaper with the largest
circulation in the district. If the board proposes to enter
into agreements with two or more districts, the board may
conduct separate or consolidated hearings.
Subd. 4. [REVIEW AND COMMENT.] After the hearing required
by subdivision 3 of this section and before entering into an
agreement, the board shall submit the agreement to the
commissioner of education for review and comment.
Subd. 5. [AID PAYMENTS.] A district entering into an
agreement permitted in subdivision 2 of this section shall
continue to count its resident pupils who are educated in other
districts as resident pupils in the calculation of pupil units
for the purposes of state aids, levy limitations, and any other
purpose. A district may continue to provide transportation and
collect transportation aid for its resident pupils. For
purposes of aid calculations, the commissioner of education may
adjust the cost per eligible pupil transported to reflect
changes in cost resulting from the agreement, if any.
Sec. 9. Minnesota Statutes 1982, section 123.741,
subdivision 1, is amended to read:
Subdivision 1. The school board of each school district in
the state shall develop and adopt a written educational policy
which establishes educational goals for the district, a process
for achieving these goals, and procedures for evaluating and
reporting progress toward the goals. These goals shall include
meeting the curriculum requirements adopted by the state board
of education. The school board shall review this policy each
year and adopt revisions which it deems desirable. School
boards are encouraged to develop this school district policy and
any revisions after consultation with the staff of each school
building. In formulating the policy, the school board of a
district is encouraged to consider: (a) the number of dropouts
of school age in the district and the reasons for the dropouts;
(b) existing programs within the district for dropouts and
potential dropouts and (c) program needs of dropouts and
potential dropouts.
Sec. 10. [129B.31] [CITATION.]
Sections 12 to 20 of this article may be cited as the
"Minnesota Education Technology Act."
Sec. 11. [ADVISORY COMMITTEE ON TECHNOLOGY IN EDUCATION.]
By July 1, 1983, a 15 member advisory committee on
technology in education shall be appointed by the governor to
assist in the implementation of sections 13 to 20 of this
article. Representation on the advisory committee shall include
public school teachers and administrators, school boards,
parents, department of education, Minnesota educational
computing consortium, at least one regional management
information center, council on quality education, higher
education, and at least two members from high technology
business and industry. Advisory committee members shall be
knowledgeable about the use of technology in elementary and
secondary education. The advisory committee shall terminate on
June 30, 1985.
Sec. 12. [129B.32] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purpose of
sections 13 to 20 of this article, the following terms have the
meanings given them, unless clearly provided otherwise.
Subd. 2. [AVERAGE DAILY MEMBERSHIP.] "Average daily
membership" has the meaning given it in section 124.17,
subdivision 2.
Subd. 3. [COURSEWARE PACKAGE.] "Courseware package" means
integrated videotape and videodisk, computer disk, and software
and its supporting materials, such as workbooks and textbooks.
Subd. 4. [STATE BOARD.] "State board" means state board of
education.
Subd. 5. [ADVISORY COMMITTEE.] "Advisory committee" means
the advisory committee on technology in education established in
section 11 of this article.
Subd. 6. [TECHNOLOGY.] "Technology" includes, but is not
limited to, computers, telecommunications, cable television,
interactive video, film, low-power television, satellite
communications, and microwave communications.
Sec. 13. [129B.33] [TECHNOLOGY UTILIZATION PLANS.]
Subdivision 1. [DEVELOPMENT OF PLAN.] Each school district
is encouraged to develop and adopt as part of its educational
policy a written technology utilization plan, in consultation
with the curriculum advisory committee for planning, evaluation,
and reporting appointed pursuant to section 123.741, subdivision
3. The district is encouraged to review the plan each year and
adopt revisions as desired.
Subd. 2. [ELIGIBILITY FOR AID.] Each school district which
intends to prepare and submit a technology utilization plan that
complies with this section is eligible to receive state aid.
Application forms shall be provided to districts by the
department of education by August 31, 1983.
Subd. 3. [AID FOR PLANNING.] A school district which
applies for aid to develop a technology utilization plan shall
receive $0.75 times average daily membership for the 1982-1983
school year. No district which applied for aid shall receive
less than $500.
Subd. 4. [PAYMENT OF AID; SUBMISSION OF PLANS.] The
department of education shall pay aid to a district within 30
days of receiving the district's application. Districts which
receive aid shall submit technology utilization plans by January
31, 1984, or within 90 days of receiving aid, whichever is later.
Subd. 5. [CONTENTS OF PLAN.] The plan shall describe:
(a) how technology will be used to provide educational
opportunities for people of all ages residing in the district,
affirmatively addressing the needs of special populations,
including females, minorities, and the disabled;
(b) goals for implementing the use of technology in the
district, including instruction and management uses;
(c) means to achieve these goals, including proposed
teacher inservice training;
(d) procedures for integrating the use of technology into
the district's community education program; and
(e) procedures to evaluate and report progress toward the
goals.
Subd. 6. [MODEL PLANS.] By August 31, 1983, the department
of education, in consultation with the advisory committee,
educational cooperative service units, Minnesota educational
computing consortium, and appropriate regional management
information centers formed according to section 121.935,
subdivision 1, shall develop model plans and criteria for
evaluating district plans. The department may employ
consultants and specialists to assist in this effort. The model
plans and criteria shall be distributed to districts, and the
department shall assist in developing district plans, upon
request.
Subd. 7. [APPROVAL OF PLAN.] The state board shall approve
or disapprove a plan within 60 days of receiving the plan
submitted by a district. The plan may be modified by the
district, in consultation with the department, at any time prior
to state board action on the plan. A plan that is disapproved
may be revised and resubmitted for approval.
Sec. 14. [129B.34] [INSERVICE TRAINING FOR USE OF
TECHNOLOGY.]
Subdivision 1. [ELIGIBILITY FOR AID.] Each school district
with an approved technology utilization plan, according to
section 13 of this article, may apply for state aid to provide
inservice training for elementary and secondary public school
staff on the use of technology in education. The inservice
training should not be limited to formal classroom
presentations. School districts are encouraged to cooperate in
providing inservice training for staff members.
Subd. 2. [APPLICATIONS.] Applications containing specific
inservice training proposals for a district or combination of
districts shall be submitted by December 1, 1984, in the form
and manner prescribed by the department of education. The
department shall approve or disapprove applications within 60
days of receipt.
Subd. 3. [AMOUNT OF AID.] A district or combination of
districts whose application is approved shall receive $1 times
average daily membership for the 1982-1983 school year. Aid
shall be paid within 30 days of approval.
Subd. 4. [STATEWIDE INSERVICE TRAINING.] By June 30, 1985,
the department shall provide for supplemental regional or
statewide inservice training for district staff on the use of
technology in education. The department may employ consultants
or specialists for this purpose, but shall ensure that these
training activities do not duplicate or conflict with services
provided by other governmental agencies or organizations.
Sec. 15. [129B.35] [REGIONAL COORDINATORS.]
The Minnesota educational computing consortium shall
provide regional instructional computing coordinators with
expertise in the use of technology in education. The Minnesota
educational computing consortium and the department of education
shall agree on the services to be provided by the regional
coordinators. Among other responsibilities, the regional
coordinators shall serve as onsite consultants to districts
participating in technology utilization planning and inservice
training.
Sec. 16. [129B.36] [TECHNOLOGY DEMONSTRATION SITES.]
Subdivision 1. [SITE DESIGNATION.] By January 15, 1984,
the state board shall designate from eight to ten districts as
technology demonstration sites and award each district a grant
for use during the 1983-1984 and 1984-1985 school years.
Subd. 2. [CRITERIA FOR SELECTION.] In consultation with
the department of education, appropriate regional management
information centers, and the Minnesota educational computing
consortium, the advisory committee shall develop selection
criteria for review by the state board. The state board shall
establish selection criteria to be distributed to districts by
October 1, 1983. Criteria shall include at least the following:
(a) exemplary program of technology utilization existing in
the district;
(b) evidence of willingness by district staff and the
community to incorporate technology fully into the curriculum to
demonstrate new instructional methods;
(c) willingness to match the grant awarded to the district;
and
(d) willingness to share educational experiences with other
interested parties.
For two of the sites, criteria may include participation of
Minnesota high technology business or industry. Clause (a) may
be excluded as a factor in selection of the two sites, one of
which may be a rural district.
Subd. 3. [SITES THROUGHOUT THE STATE.] To the extent
possible, the selected sites shall be geographically well
distributed with representation from urban, suburban, and rural
areas.
Subd. 4. [GRANT AWARDS.] Applications for grants shall be
submitted to the state board by December 1, 1983 in the form and
manner prescribed by the department. Grants shall be awarded by
January 15, 1984.
Subd. 5. [RECIPIENT DUTIES AND USE OF MONEY.] A district
selected for a grant shall work cooperatively with the advisory
committee, department of education, Minnesota educational
computing consortium, higher education institutions in the area,
and business and industry, as appropriate. A district selected
for a grant shall have a technology utilization plan according
to section 13 of this article. The district shall conduct at
least one workshop each school year of the grant to demonstrate
to other districts and interested parties its use of technology
in education. Grant money may be used for equipment,
consultants, curriculum development, and teacher training.
Subd. 6. [PRIVATE FUNDING.] The advisory committee shall
seek funding and in-kind contributions from private sources to
supplement state money for the purpose of awarding grants.
Private contributions may be made directly to the technology
demonstration sites.
Subd. 7. [EVALUATION OF SITES.] The state board shall
evaluate the technology demonstration sites. It may contract
with independent evaluators for this purpose.
Sec. 17. [129B.37] [COURSEWARE PACKAGE EVALUATION.]
Subdivision 1. [LIST.] By January 1, 1984, the department
of education shall compile, publish, and distribute to districts
a list of high quality courseware packages for use in public
elementary and secondary schools. Every six months thereafter,
the department shall supplement the list with recently evaluated
materials.
Subd. 2. [PROCUREMENT.] The department shall obtain
courseware packages for evaluation by notifying publishers and
inviting them to submit their materials. The department may
provide for evaluation of courseware packages that have not been
submitted, if districts express strong interest in using the
courseware packages.
Subd. 3. [CRITERIA.] The state board shall develop and
adopt criteria and procedures for evaluation of courseware
packages, in consultation with the department, advisory
committee, appropriate regional management information centers,
and the Minnesota educational computer consortium. The
procedures developed shall contain a provision for resubmission
of a courseware package. Chapter 14 shall not apply to the
criteria and procedures.
Subd. 4. [CONSULTANTS.] The department may employ
consultants to evaluate courseware packages and pay them fees
based on the size and complexity of the courseware package
involved. The evaluators shall certify to the state board that
they have no financial interest in the product being evaluated
or any similar or competing product.
Subd. 5. [EVALUATION TEAM.] The evaluation team for each
courseware package shall include at least five persons,
including three practicing teachers, from appropriate grade
level or content areas, who will field test the courseware
packages in their classrooms; one microcomputer professional
knowledgeable in software and documentation techniques; and one
curriculum content expert from the department. Each evaluation
team member shall use the criteria and procedures adopted by the
state board and submit a written report to the department upon
completion.
Subd. 6. [HIGH QUALITY.] Based on the reports submitted by
evaluation team members and the criteria and procedures adopted
by the state board, the department shall determine whether the
courseware package qualifies as high quality. The results shall
be recorded in a standardized format and be available at the
department for review by the courseware package producer and
other interested persons.
Subd. 7. [DISPOSITION.] The department shall maintain a
collection of the courseware packages evaluated as high quality.
These materials shall be available to the public for review.
Sec. 18. [129B.38] [SUBSIDY FOR PURCHASE OF COURSEWARE
PACKAGES.]
Subdivision 1. [AID AMOUNT.] A district that purchases or
leases courseware packages that qualify as high quality
according to section 17 of this article shall receive state aid.
The aid shall be equal to the lesser of:
(a) $1.60 times average daily membership for the 1982-1983
school year; or
(b) 25 percent of the actual expenditures of the district
for purchase or lease of the courseware packages between January
1, 1984, and May 31, 1985.
Subd. 2. [AID PAYMENT.] Appplications for aid shall be
submitted in the form and manner prescribed by the department.
Payment of aid shall be made by July 31, 1984, for applications
received by June 30, 1984. Payment of aid shall be made by June
30, 1985, for applications received between July 1, 1984, and
May 31, 1985.
Sec. 19. [129B.39] [PURCHASE OF COURSEWARE PACKAGE
DUPLICATION RIGHTS.]
Rights to duplication of courseware packages may be
purchased, and volume purchase agreements may be established by
the department of education, if the department determines that
the courseware packages qualify as high quality according to
section 17 of this article, and if the courseware packages are
available to the state at a lower cost than if purchased by
school districts individually. The department shall make the
courseware packages available to the Minnesota educational
computing consortium for distribution to districts. The
materials shall be available to districts without cost except
for nominal costs of reproduction and distribution.
Sec. 20. [129B.40] [COURSEWARE PACKAGE DEVELOPMENT.]
Subdivision 1. [NEW COURSEWARE PACKAGES.] The Minnesota
educational computing consortium, in consultation with the
department of education, is authorized to develop and design
courseware packages which will meet the needs of schools
districts and which otherwise are unavailable or too expensive
for individual districts or the state to purchase. The
Minnesota educational computing consortium may:
(a) contract with school districts, private entrepreneurs,
and other public or private agencies for the development of a
specified courseware package;
(b) assist entrepreneurs to develop their own ideas for
courseware packages that could be used in school districts, by
providing funds for that purpose;
(c) secure copyrights for those materials in which it has a
whole or part interest;
(d) sell developed courseware packages at cost to school
districts in Minnesota and at commercial rates elsewhere; and
(e) sell or contract for the marketing of courseware
packages.
The department of education shall evaluate whether the
courseware packages qualify as high quality according to the
criteria and procedures established in section 17 of this
article.
Courseware packages developed according to this subdivision
shall become the property of the Minnesota educational computing
consortium. Revenue from the sale of these courseware packages
shall be used to develop additional courseware packages
according to this section.
Subd. 2. [DISTRIBUTION.] The Minnesota educational
computing consortium may sell courseware packages to Minnesota
school districts at cost and may sell to school districts in
other states and to the general public at commercial rates. Each
contract with a developer who shares in the profits of
distribution shall include a provision requiring sale of the
courseware packages at cost to Minnesota school districts.
Sec. 21. [INCREASE IN COMPLEMENT.]
To implement the provisions of sections 13 to 20 of this
article, the department of education may increase its complement
by two positions: one education specialist II and one clerical
support position. The positions are in the classified service
of the state civil service.
Sec. 22. [REPORT ON NEED FOR CURRICULUM CHANGES.]
By October 1, 1983, the commissioner of education shall
develop and submit a report to the education committees of the
legislature on the need for amending current rules governing
curriculum requirements in the elementary and secondary public
schools. In developing the recommendations, the commissioner
shall consider the extent to which the proposed curriculum
requirements shall adequately prepare the students for entering
post-secondary institutions. The report shall include at least
the following:
(1) preliminary information on the extent to which school
districts are in compliance with the current curriculum
requirements established in state board rules;
(2) a preliminary draft of proposed rules which would
increase the curriculum requirements in elementary and secondary
schools;
(3) recommendations for changes in the laws which impose
penalties for noncompliance with state board of education rules;
(4) development of a statewide monitoring system to ensure
compliance with curriculum requirements;
(5) assessment of the feasibility of establishing learning
requirements for elementary and secondary students to complete
outside the classroom; and
(6) recommendations for changes in high school graduation
requirements and achievement standards.
Sec. 23. [RULEMAKING ON CURRICULUM.]
By September 1, 1984, the state board of education shall
adopt rules pursuant to chapter 14, establishing elementary and
secondary curriculum requirements which will ensure that a
minimum comprehensive educational program is available to all
public school students in the state. The rules adopted by the
state board shall be effective beginning in the 1985-1986 school
year.
Sec. 24. [REPORT TO LEGISLATURE.]
The department of education shall evaluate the concept of
extending the school year. The department shall consider at
least the following: educational benefits, methods to extend
the school year, fiscal implications, and other relevant
factors. By November 1, 1983, the department shall report its
findings and recommendations to the education committees of the
legislature.
Sec. 25. [REPORTS TO THE LEGISLATURE.]
By February 1, 1984, the department of education shall
report to the education committees of the legislature on the
progress of implementing the programs in sections 1 to 3, and 13
to 20 of this article.
By February 1, 1985, the department of education shall
report to the education committees of the legislature on
preliminary evaluations of the programs and participants in
sections 1 to 3, and 13 to 20 of this article.
Sec. 26. [APPROPRIATIONS; DEPARTMENT OF EDUCATION.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section. The sums are available until June 30, 1985.
Subd. 2. [SUBJECT AREA INSERVICE TRAINING.] The sum of
$500,000 is appropriated for the purposes of section 1 of this
article. The department may use up to $50,000 of this
appropriation for administration and evaluation of the program.
Subd. 3. [INSTRUCTIONAL EFFECTIVENESS PLAN.] The sum of
$50,000 is appropriated for the purposes of section 2 of this
article.
Subd. 4. [INSTRUCTIONAL EFFECTIVENESS TRAINING.] The sum
of $300,000 is appropriated for the purposes of section 3 of
this article. No more than $15,000 shall be used for the
evaluation required in section 3, subdivision 3 of this article.
Subd. 5. [ACADEMIC EXCELLENCE FOUNDATION.] The sum of
$150,000 is appropriated for the purpose of section 4 of this
article. No more than $50,000 of this amount shall be used for
administrative costs. The foundation shall add to this
appropriation any additional money raised from other sources.
Subd. 6. [TECHNOLOGY UTILIZATION PLANS.] The sum of
$650,000 is appropriated for the purposes of section 13 of this
article.
The department may use up to $63,000 of the appropriation
for costs of developing model plans and criteria, assisting
districts to develop plans, and evaluating the program.
Subd. 7. [INSERVICE TRAINING.] The sum of $936,000 is
appropriated for the purposes of section 14 of this article.
The department may use up to $220,000 of the appropriation
for supplemental regional or statewide inservice training.
Subd. 8. [TECHNOLOGY DEMONSTRATION SITES.] The sum of
$1,600,000 is appropriated for the purposes of section 16 of
this article. The department may use up to $15,000 of the
appropriation for costs of administering the program and up to
$40,000 for evaluating the program. The department shall
allocate $300,000 for the costs of inservice training conducted
at the demonstration sites, including partial substitute pay and
travel expenses for visitation to the sites from districts
within the state.
Subd. 9. [COURSEWARE PACKAGE EVALUATION.] The sum of
$200,000 is appropriated for the purposes of section 17 of this
article. The department may use up to $15,000 of the
appropriation for costs of administering the program.
Subd. 10. [SUBSIDY FOR COURSEWARE PURCHASE.] The sum of
$1,154,000 is appropriated for the purposes of section 16 of
this article.
Subd. 11. [PURCHASE OF COURSEWARE DUPLICATION RIGHTS.] The
sum of $225,000 is appropriated for the purposes of section 19
of this article.
Subd. 12. [INCREASE IN COMPLEMENT.] The sum of $125,000 is
appropriated for the purposes of section 21 of this article.
Sec. 27. [APPROPRIATIONS; MINNESOTA EDUCATIONAL COMPUTING
CONSORTIUM.]
Subdivision 1. There is appropriated from the general fund
to the Minnesota educational computing consortium the amounts
indicated in this section for the fiscal years ending June 30 in
the year designated. Any unexpended balance from the
appropriation for fiscal year 1984 shall not cancel but shall be
available for fiscal year 1985.
Subd. 2. [REGIONAL COORDINATORS.] For regional
instructional computing coordinators as provided in section 15
of this article, there is appropriated:
$280,000.....1984,
$280,000.....1985.
Subd. 3. [COURSEWARE PACKAGE DEVELOPMENT.] The sum of
$250,000 is appropriated for fiscal year 1984 for the purposes
of section 20 of this article. The Minnesota educational
computing consortium shall supplement this appropriation from
other sources in its budget for the purpose of developing
courseware packages.
Sec. 28. [EFFECTIVE DATE.]
Sections 1 to 4, and 10 to 20 of this article are effective
the day following final enactment.
ARTICLE 9
COUNCIL ON QUALITY EDUCATION
Section 1. Minnesota Statutes 1982, section 121.503, is
amended to read:
121.503 [PROGRAM SELECTION.]
Subdivision 1. [AUTHORIZATION.] A school district or group
of districts that wish wishes to receive moneys a grant for
improved learning programs may apply to the state board of
education council on quality education for approval. Programs
may be approved for one portion of a school population, an
entire school attendance area, one or several attendance areas,
an entire school district, or one or a group of school districts.
Subd. 2. [APPLICATIONS.] The state board council on
quality education shall prescribe the form and manner of annual
application for the program. The council on quality education
may review and advise the state board on applications made for
improved learning programs. Beginning in 1982, and each year
thereafter, applications shall be submitted to the state board
by January 15. If a district wishes to receive aid for the
principal-teacher, career teacher or counselor-teacher component
of an improved learning program, an application for state aid
must be submitted to the state board by January 15. The
application may include estimates of salaries and fringe
benefits for the next school year and for the additional time
beyond the regular contract period for staff to be employed
shall be itemized on the application for aid. The board shall
notify all applicants of aid approved or denied by March 15 of
each year. The board shall approve or deny applications in the
order that they are received. The council shall require that
each program be evaluated and it may contract for additional
evaluation.
Subd. 2a. [DECLINING GRANT AMOUNTS.] An improved learning
program may receive grants for not more than three years. The
grant amount for the second year of a program shall not exceed
75 percent of the grant amount for the first year. The grant
amount for the third year of a program shall not exceed 50
percent of the grant amount for the first year. The council
shall notify each recipient that no grant will be awarded after
the third year and that the recipient is expected to continue
successful programs without grants.
Subd. 3. [WAIVERS RULES AND RIGHTS.] On recommendation of
the council of quality education, the state board of education
may waive school district compliance with its rules which would
prevent implementation of an improved learning program which
receives approval from the state board. However, individuals
participating Participation in the an improved learning program
as a principal-teacher, counselor-teacher, or career teacher
program shall maintain their not affect seniority date in the
district and all or rights under the applicable collective
bargaining agreement.
Subd. 4. [ADDITIONAL FUNDING.] A school district providing
an improved learning program may receive funds for the program
from private sources and governmental agencies, including state
or federal funds.
Subd. 5. [REPORT.] The department council on quality
education shall submit a report to the legislature by February
1, 1983, and by February 1 each year thereafter. This report
shall include the number and description of programs approved,
implementation status of programs approved, waivers granted, and
evaluation of programs approved.
Sec. 2. Minnesota Statutes 1982, section 121.505, is
amended to read:
121.505 [PROGRAM CRITERIA COMPONENTS.]
Subdivision 1. [MANDATORY COMPONENTS.] A plan for An
improved learning program shall include:
(a) Curricula, instructional strategy and use of materials
responsive to the individual educational needs and learning
styles of each pupil to enable students to make continuous
progress and learn at a rate appropriate to their abilities
participation by a designated individual as a principal-teacher,
career teacher, or counselor-teacher, as defined in sections
121.506 and 121.507;
(b) a plan to develop student abilities for both learner
and teacher in basic skills and applied learning skills and,
when appropriate, arts, humanities, physical, natural, and
social sciences; multicultural education; physical, emotional,
and mental health; consumer economics, and career education
involve parents in planning the educational experiences of their
children;
(c) Plans to make use of community resources and
communications media to pursue improved learning opportunities
for pupils an annual plan for the district to evaluate program
goals and objectives;
(d) a staff development program for teachers and other
school personnel, such as that found in sections 121.506 and
121.507 plan for the district to fund the program after the
third year of the program;
(e) A plan to improve the learning environment, including
use of the community in general, to enhance the learning process;
(f) A plan for annual and ongoing evaluation of program
goals and objectives; and
(g) A plan to involve parents in planning an improved
learning program for their children.
Subd. 2. [OPTIONAL COMPONENTS.] A plan for An improved
learning program may include:
(a) A principal-teacher and career teacher program as
defined in section 121.506 efforts to improve curricula
strategies, instructional strategies, and use of materials which
respond to the individual educational needs and learning styles
of each pupil in order to enable each pupil to make continuous
progress and to learn at a rate appropriate to that pupil's
abilities;
(b) A counselor-teacher program as defined in section
121.507 efforts to develop student abilities in basic skills;
applied learning skills; and, when appropriate, arts; humanities;
physical, natural, and social sciences; multicultural education;
physical, emotional, and mental health; consumer economics; and
career education;
(c) use of community resources and communications media to
pursue improved learning opportunities for pupils;
(d) staff development for teachers and other school
personnel;
(e) improvements to the learning environment, including use
of the community in general, to enhance the learning process;
(c) (f) cooperative efforts with other agencies involved
with human services or child development and development of
alternative community based learning experiences;
(d) (g) apprenticeship post-secondary education components
for students pupils who are able to accelerate or programs for
students pupils with special abilities and interests who are
given advanced learning opportunities within existing programs;
(e) (h) use of volunteers in the learning program;
(f) (i) flexible attendance schedules for students pupils;
(g) (j) adult education component;
(h) (k) coordination with early childhood and family
education component programs;
(i) (l) variable student/faculty ratios for special
education students to provide for special programming;
(j) (m) inclusion of nonpublic students participating in an
improved learning program pupils as part of the ratio in the
principal-teacher and career teacher component;
(k) (n) application of educational research findings;
(l) (o) summer learning experiences for students as
recommended by the principal-teacher and career teacher;
(m) (p) use of educational assistants, teacher aides or
paraprofessionals as part of the improved learning program;
(n) (q) establishment of alternative criteria for high
school graduation; and
(o) (r) variable age and class size groupings of students.
Sec. 3. Minnesota Statutes 1982, section 129B.01,
subdivision 2, is amended to read:
Subd. 2. [TERMS, COMPENSATION, REMOVAL, VACANCIES.] The
membership terms, compensation, removal of members and filling
of vacancies shall be as provided for in section 15.0575;
members appointed by organizations shall be subject to
reappointment or removal by the appointing organizations.
Sec. 4. Minnesota Statutes 1982, section 129B.02, is
amended to read:
129B.02 [PURPOSE.]
Subdivision 1. [CONCERN FOR FUTURE.] The legislature of
the state of Minnesota expresses concern over the future of
elementary and secondary education in this state, its ability to
meet the educational needs of the public school students, the
professional growth and satisfaction of school staffs, the
effectiveness and efficiency of present schools and their
learning processes, continuing pupil unit cost escalation and
the resulting financial crisis which this brings about. New
approaches to the learning process, better utilization use of
professional staff and community resources, different
requirements as to course offerings, course content, grading,
graduation and school attendance must be researched and
developed. It is believed that revised programs, innovations,
new attitudes about learning and the public schools'
responsibilities can be effectively achieved if such research
and development are is performed by the council on quality
education and at the local school level by the school's staff
and with involvement by the students and their community.
Although funds spent now for such these purposes can produce
substantial educational and cost benefits in the future, such
these capital type funds are seldom available within any single
school district's budget.
Subd. 2. [RESEARCH AND DEVELOPMENT.] The purpose of the
council on quality education is, therefore, to encourage,
promote, aid, and perform research and development for quality
education in Minnesota elementary and secondary schools, to
evaluate the results of significant innovative programs and to
disseminate information about these programs throughout the
state.
To these ends, the council through the state board of
education shall establish a venture fund from which grants or
loans may be made in support of research and development
programs relating to the problems and objectives heretofore
described in this section which shall include but not be limited
to:
(1) effective utilization use of community personnel and
resources.;
(2) developing improved learning programs, including model
personnel policies and procedures, new staffing and educational
concepts such as differentiated staffing and comprehensive
developmental and educational planning for individual pupils.;
(3) assessment and evaluation of education programs.;
(4) developing a management and unit of instructional
objectives design which will provide procedures to increase a
school's accountability by relating time and dollars to the
amount of learning produced.;
(5) determining responsibilities to be assumed by the
schools exclusively or concurrently with other agencies or
individuals.;
(6) effective dissemination of educational information.;
(7) developing new knowledge about learning and teaching.;
(8) developing model educational programs as alternatives
to existing educational practices and curricula and alternative
delivery systems that will improve curriculum offerings for
small rural schools.;
(9) model programs and innovations to increase equality of
educational opportunities.;
(10) research and testing of new concepts of educational
efficiency, effectiveness and cost benefits.; and
(11) comprehensive interdisciplinary programs in health
education and comprehensive programs designed to coordinate and
integrate the delivery of pupil support services.
Subd. 3. [NEW CONCEPTS.] The council shall not be limited
to supporting innovations, programs or procedures supplementary
to existing school structures and programs but may assist or
research entirely new concepts such as open schools, informal
schools and the like. It is the legislature's intent that any
supported program shall hold promise of both educational and
cost benefits and that the costs and improvements in learning
effectiveness introduced thereby shall be measured and related.
The council shall provide for an evaluation of each program
which it supports with a grant or loan.
The council may also review literature and other
information about innovative programs in Minnesota and other
states and disseminate the results of this research throughout
the state. The council may identify ideas for innovative
programs in the course of this research and solicit proposals
from school boards for grants for such programs; provided.
However, not to exceed more than ten percent of the funds
appropriated to the venture fund in any year may be expended to
fund such research and programs.
Subd. 4. [REPORT TO LEGISLATURE.] The council shall make a
report to the legislature by November 15 of each even-numbered
year to the legislature concerning all research and all
proposals received and, the dispositions made thereof of them by
the council and the state board of education, the evaluations of
the programs that were funded, and of receipts and expenditures
resulting from sales of materials developed through venture fund
grants.
Sec. 5. Minnesota Statutes 1982, section 129B.04, is
amended to read:
129B.04 [PROPOSALS.]
Subdivision 1. [REQUIREMENTS.] The A school board of any
local school district or any group of such school boards may
develop a proposal for a grant or loan in support of a research
and development program of the kind described in section 129B.02.
Except for grants according to subdivision 1a, every such
proposal shall include:
(1) a statement of the objectives of the program, and the
procedures for achieving the objectives to achieve them;
(2) a description of the evaluation procedures for
measuring the effectiveness of the program;
(3) provision for such fiscal control and fund accounting
procedures as are necessary to assure proper disbursement and
accounting for funds paid to the applicant;
(4) provision for administration of the program by the
local school district, or in cooperation with other school
districts, educational institutions, or local agencies under the
supervision of the local school district; and
(5) a description of the involvement of local how school
staff, students pupils, and members of the community are
involved in planning and implementing the program.
Subd. 1a. [MINI GRANTS.] The council may award grants not
to exceed $5,000 to districts to (1) disseminate information
about successful projects initiated by the district with a grant
from the venture fund, or (2) replicate cost-effective
innovations which either were initiated in other districts with
venture fund support or were validated by the department of
education or federal agencies. The council shall prescribe the
form and manner of application for these grants.
Subd. 2. [PROCEDURE.] Every program proposal shall be
submitted to the council created by section 129B.01, not less
than three two months before the planned commencement of the
program. The council shall recommend approval or disapproval,
or shall modify and then recommend such modification with
respect to every proposal submitted to it. The council shall
also recommend the amount and type of grant to be made in
support of the proposed program in the light of the then
currently available moneys in the venture fund, which. This
information shall be provided to the council by the state board
of education. The council shall also recommend what rules and
regulations, if any, shall be suspended or modified in order to
implement the proposal. Only such proposals as are recommended
for approval shall be transmitted by the council to the state
board, and. All such these proposals shall be approved and
funded from the venture fund by the state board as recommended
by the council unless the state board, within 30 days of receipt
of after receiving a proposal from the council, shall make makes
other disposition of the proposal by formal board action. One
half of each grant recommended by the council and funded by the
state board may be deemed an interest free loan to be and repaid
over a five year period years.
Sec. 6. [129B.041] [COPYRIGHT AND SALE OF PRODUCTS.]
Subdivision 1. [COPYRIGHT.] Products of projects and
programs funded pursuant to sections 129B.01 to 129B.05,
including curriculum and instructional materials, computer and
telecommunications software, and associated manuals and reports,
may be copyrighted by the council in the name of the state and
may be sold. However, the state shall sell the products to all
school districts and public agencies in the state at prices that
do not exceed the cost of reproduction and distribution.
Subd. 2. [SALE.] The council shall enter into an agreement
with the Minnesota educational computing consortium for the sale
and distribution of computer and telecommunications software
products of projects and programs funded pursuant to sections
129B.01 to 129B.05. The agreement shall provide that the
products sold be clearly labeled as products developed pursuant
to a grant or loan from the council on quality education.
Subd. 3. The education products revolving account is
established in the state treasury. Except as provided in the
agreement between the council and the Minnesota educational
computing consortium pursuant to subdivision 2, proceeds up to
the cost of reproduction and distribution from the sale of
products under this section shall be deposited in this account.
All funds in this account are annually appropriated to the
department of education and shall be used to reproduce and
distribute products of projects and programs funded pursuant to
sections 129B.01 to 129B.05.
Subd. 4. Proceeds in excess of costs from the sale of
products pursuant to this section shall be shared equally
between the state and the school district which developed the
product with a grant from the council. The school district
share is appropriated to the department of education and shall
be paid to the district. The state share is appropriated to the
department of education and shall be placed in the venture fund
of the council and used to fund similar projects.
Sec. 7. Minnesota Statutes 1982, section 129B.05, is
amended to read:
129B.05 [STATE BOARD AND COMMISSIONER.]
Subdivision 1. [GENERAL POWERS.] The state board of
education shall develop and promulgate such additional
recommendatory guidelines as may be appropriate for the
furtherance of to further sections 129B.01 to 129B.05 and the
development and implementation of the contemplated programs
contemplated herein, for its benefit and the benefit of the
council and applicants. The commissioner of education shall
make available to the council at its request such the staff as
the council deems necessary to perform its functions.
Subd. 2. [CONSULTANTS.] The council may also employ or
contract for the services of outside consultants, and. The
consultants may be for purposes such as research, evaluation,
dissemination, cost-benefit analyses, and inservice training.
The council may contract with one or more qualified consultants
or law firms specializing in securing broadcast and telecast
licenses from the federal communications commission. The
consultant or law firm shall assist with the preparation of all
necessary license applications to the federal communications
commission on behalf of school districts recommended by the
council as transmission sites. The council may use as much of
the annual appropriation to the state department of education,
made for the purposes of sections 129B.01 to 129B.05 as is
necessary, shall be made available to the council for this
purpose.
Sec. 8. Minnesota Statutes 1982, section 129B.09,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] The school board of any
district, however organized, which receives early childhood and
family education moneys from the council on quality education
shall provide those services in one elementary school attendance
an area, or an area within the district, if the council deems
the area to be appropriate. The council on quality education
shall prescribe the form and manner of application for the
programs and shall select the grant recipients. These programs
shall be as equally distributed as possible among districts in
cities of the first class, in suburbs, and outside the seven
county metropolitan area.
Sec. 9. Minnesota Statutes 1982, section 129B.09,
subdivision 12, is amended to read:
Subd. 12. [NEGOTIATED GRANTS.] For the 1981-1982 and
1982-1983 1983-1984 school years year the council on quality
education may fund up to 36 early childhood and family education
programs according to the negotiated grants procedure in
sections 129B.01 to 129B.05.
For the 1983-1984 school year, the council on quality
education shall only make grants to the early childhood and
family education programs which were funded for the 1982-1983
school year.
Sec. 10. [REVIEW OF EARLY CHILDHOOD AND FAMILY EDUCATION
FORMULAS.]
The council on quality education, with the assistance of
the state board, shall review various formulas for statewide
funding of early childhood and family education programs. The
formulas reviewed shall include a formula using a per capita aid
amount distributed to school districts through the community
education program and designated for early childhood and family
education programs. The council shall report to the legislature
by February 15, 1984, regarding its review of formulas.
Sec. 11. [REPORT TO LEGISLATURE.]
The council on quality education shall submit a report to
the education committees of the legislature by February 15, 1984
containing evaluation data on programs designed to benefit
handicapped adults and recommendations for policies for school
districts to extend services to handicapped adults.
Sec. 12. [INSTRUCTION TO THE REVISOR.]
In the next edition of Minnesota Statutes, the revisor of
statutes is requested to renumber Minnesota Statutes, sections
121.501, 121.502, 121.503, 121.504, 121.505, 121.506, and
121.507 in an appropriate place in Minnesota Statutes, chapter
129B. The revisor of statutes is also requested to retitle
chapter 129B as "Grants for Education."
Sec. 13. [REPEALER.]
Minnesota Statutes 1982, sections 122.542 and 124.251 are
repealed.
Sec. 14. [APPROPRIATION.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [COUNCIL ON QUALITY EDUCATION; VENTURE FUND
GRANTS.] For the council on quality education venture fund
grants pursuant to sections 129B.01 to 129B.05, there is
appropriated
$778,000.....1984,
$816,000.....1985.
(a) The appropriation for fiscal year 1984 includes $84,000
for grants for fiscal year 1983 payable in fiscal year 1984, and
$694,000 for grants for fiscal year 1984 payable in fiscal year
1984.
(b) The appropriation for fiscal year 1985 includes
$122,000 for grants for fiscal year 1984 payable in fiscal year
1985, and $694,000 for grants for fiscal year 1985 payable in
fiscal year 1985.
(c) Any unexpended balance remaining from the
appropriations in this subdivision for 1984 shall not cancel and
shall be available for the second year of the biennium.
Subd. 3. [EARLY CHILDHOOD AND FAMILY EDUCATION PROGRAMS.]
For early childhood and family education programs pursuant to
sections 129B.06 to 129B.09, there is appropriated:
$1,028,000.....1984.
The appropriation for fiscal year 1984 includes $209,000
for grants for fiscal year 1983 payable in fiscal year 1984, and
$819,000 for grants for fiscal year 1984. The amount of the
appropriation for grants for fiscal year 1984 is the total
appropriation for these grants.
The council on quality education shall prorate this amount
among the eligible districts in proportion to the ratio of the
district's grant for fiscal year 1983 to the total amount of
grants made for fiscal year 1983. However, the total amount of
revenue received by a district for fiscal year 1984 pursuant to
this subdivision and Minnesota Statutes, section 124.271,
subdivision 2a, clause (2) shall not exceed the amount of the
district's grant for fiscal year 1983.
ARTICLE 10
TEACHER MOBILITY
Section 1. Minnesota Statutes 1982, section 125.60,
subdivision 2, is amended to read:
Subd. 2. The board of any district may grant an extended
leave of absence without salary to any full or part time
elementary, secondary or area vocational-technical school
teacher who has been employed by the district for at least five
years and has at least ten years of allowable service, as
defined in section 354.05, subdivision 13, or the bylaws of the
appropriate retirement association or ten years of full time
teaching service in Minnesota public elementary, secondary and
area vocational-technical schools. The maximum duration of an
extended leave of absence pursuant to this section shall be
determined by mutual agreement of the board and the teacher at
the time the leave is granted and shall be at least three but no
more than five years. An extended leave of absence pursuant to
this section shall be taken by mutual consent of the board and
the teacher and may be granted only once. If the school board
denies a teacher's request, it shall provide reasonable
justification for the denial.
Sec. 2. Minnesota Statutes 1982, section 125.60,
subdivision 3, is amended to read:
Subd. 3. [REINSTATEMENT.] Except as provided in
subdivisions 6a and 6b, a teacher on an extended leave of
absence pursuant to this section shall have the right to be
reinstated to a position for which he the teacher is licensed at
the beginning of any school year which immediately follows a
year of the extended leave of absence, unless he the teacher is
discharged or placed on unrequested leave of absence or his the
contract is terminated pursuant to section 125.12 or 125.17
while he the teacher is on the extended leave. The board shall
not be obligated to reinstate any teacher who is on an extended
leave of absence pursuant to this section, unless the teacher
advises the board of his the intention to return before February
1 in the school year preceding the school year in which he the
teacher wishes to return. The board shall notify the
commissioner within 30 days of being notified that a teacher
intends to return from an extended leave.
Sec. 3. Minnesota Statutes 1982, section 125.60,
subdivision 7, is amended to read:
Subd. 7. [APPLICATION PROCEDURES; LIMITS.] No school board
shall grant an extended leave of absence pursuant to this
section without applying for and receiving authorization from
the commissioner of education. The commissioner of education
shall establish procedures for applications and shall approve or
disapprove applications pursuant to this subdivision within the
limits of the appropriation for the purposes of sections 354.094
and 354A.091. Each application shall state whether or not the
teacher requesting the extended leave of absence pursuant to
this section intends to pay the employee contribution and
requests state payment of the employer contribution into the
teacher's retirement fund pursuant to section 354.094 or
354A.091 in order to receive retirement service credit for years
spent on leave. The commissioner shall approve no more than 300
250 applications for extended leaves beginning in the 1981-1982,
1982-1983 and 1983-1984 school years year for teachers who
intend to pay employee contributions and request state payment
of employer contributions.
If more than 300 250 applications for extended leaves
beginning in any school year are received by March 15 of the
preceding school year, the commissioner may decide which
applications to approve according to the order of receipt, a
method ensuring participation by teachers from the maximum
possible number of districts, random allotment or any
combination of these methods. Applications received by the
commissioner after March 15 shall be considered for approval
according to the order of receipt within the limits prescribed
by this subdivision.
The commissioner shall not approve any applications for
extended leaves beginning in the 1984-1985 or any subsequent
school year for teachers who intend to pay employee
contributions and request state payment of employer
contributions. There is no limit on the number of applications
which may be approved for extended leaves for teachers who do
not intend to pay employee contributions or who do not request
state payment of employer contributions.
Sec. 4. Minnesota Statutes 1982, section 125.611,
subdivision 8, is amended to read:
Subd. 8. [PAYMENT; REDUCTION.] An eligible teacher who is
offered and accepts an early retirement incentive contract
pursuant to subdivision 7 shall receive an early retirement
incentive in the amount of $10,000. This amount shall be
reduced by $500 for each year that a teacher is over the age of
55 years to a maximum age of 60 years and by an additional
$1,500 for each year that a teacher is over the age of 60
years. The age of the teacher shall be determined as of the
June 30 in the school year during which the application for the
early retirement incentive is made.
Sec. 5. Minnesota Statutes 1982, section 125.611,
subdivision 9, is amended to read:
Subd. 9. [DESEGREGATION DISTRICTS.] Notwithstanding the
provisions of subdivision 8, beginning in the 1983-1984 school
year, an eligible teacher who is employed by a school district
which is implementing a desegregation plan ordered by federal
court or approved by the state board, and who is offered and
accepts an early retirement incentive contract pursuant to
subdivision 7, shall receive an early retirement incentive in
the amount of $15,000 $12,500. This amount shall be reduced by
$750 $625 for each year that a teacher is over the age of 55
years to a maximum age of 60 years and by an additional $2,250
$1,875 for each year that a teacher is over the age of 60 years.
The age of the teacher shall be determined as of the June 30 in
the school year during which the application for the early
retirement incentive is made.
Sec. 6. Minnesota Statutes 1982, section 354.094,
subdivision 1, is amended to read:
Subdivision 1. [SERVICE CREDIT CONTRIBUTIONS.] If A member
is granted an extended leave of absence pursuant to section
125.60 or 136.88, except as provided in subdivision 1a he or 1b,
may pay employee contributions and receive allowable service
credit toward annuities and other benefits under this chapter,
for each year of his the leave by paying into the fund employee
contributions provided the member and the employing board make
the required employer contribution in any proportion they may
agree upon, during the period of the leave which shall not
exceed five years. Except as provided in subdivision 1a or 1b,
the state shall not pay employer contributions into the fund for
each any year for which a member who is on extended leave pays
employee contributions into the fund. The employee and employer
contributions shall be based upon the rates of contribution
prescribed by section 354.42 for the salary received during the
year immediately preceding the extended leave. Payments for the
years for which a member is receiving service credit while on
extended leave shall be made on or before June 30 of each fiscal
year for which service credit is received.
Sec. 7. Minnesota Statutes 1982, section 354.094,
subdivision 1a, is amended to read:
Subd. 1a. [RESTRICTIONS EXCEPTION FOR LEAVES SINCE
1981-1982.] Notwithstanding subdivision 1, the following
provisions apply to elementary, secondary and area
vocational-technical school teachers whose extended leaves begin
in the 1981-1982, 1982-1983, or 1983-1984 school year and each
year thereafter:
(a) Only A member whose application states the intention to
pay employee contributions into the fund, requests state payment
of employer contributions, and is approved by the commissioner
within the limits of section 125.60, subdivision 7, qualifies
for the payment of employee contributions and for state payment
of employer contributions pursuant to subdivision 1 may pay
employee contributions and receive allowable service credit
toward annuities and other benefits under this chapter for each
year of the leave during the period of the leave which shall not
exceed five years;
(b) The state shall pay employer contributions into the
fund for a member described in clause (a) for no more than the
first three years of the leave, provided the member who is on
extended leave pays the employee contribution into the fund by
the payment date specified in subdivision 1;
(c) A member whose application is approved as to the
member's eligibility under section 125.60, subdivisions 1 and 2
but whose application does not request state payment of employer
contributions or is disapproved as to state payment of employer
contributions, or who is in the fourth or fifth year of leave
affected by clause (b) may pay employee contributions and
receive allowable service credit as provided in subdivision 1 if
the member and his the employing school board make the required
employer contribution, in any proportion which they may agree
upon, by the payment date specified in subdivision 1.
Sec. 8. Minnesota Statutes 1982, section 354.094, is
amended by adding a subdivision to read:
Subd. 1b. [PRE-MAY 16, 1981 LEAVE EXCEPTION.]
Notwithstanding subdivision 1, the following provisions apply
only to elementary, secondary, and area vocational technical
school teachers whose extended leaves began in the 1978-1979,
1979-1980, or 1980-1981 school years:
(a) A member whose period of extended leave began on or
before May 15, 1981, may pay employee contributions and receive
allowable service credit toward annuities and other benefits
under this chapter for each year of the leave during the period
of the leave which does not exceed five years;
(b) The state shall pay employer contributions into the
fund for a member described in clause (a) of this subdivision
for each year of the leave for which the member who is on
extended leave pays the employee's contribution into the fund by
the payment date specified in subdivision 1.
Sec. 9. Minnesota Statutes 1982, section 354.66,
subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision of to the contrary in this chapter relating to the
salary figure to be used for the determination of contributions
or the accrual of service credit to the contrary, a teacher
assigned to a part-time position pursuant to this section shall
continue to make employee contributions to and to accrue
allowable service credit in the retirement fund during the
period of part-time employment pursuant to this section upon on
the same basis and in the same amounts as would have been paid
and accrued if the teacher had been employed on a full-time
basis provided that, except as provided in subdivision 4a, prior
to June 30 each year the member and the employing board make
that portion of the required employer contribution to the
retirement fund, in any proportion which they may agree upon,
that is based on the difference between the amount of
compensation that would have been paid if the teacher had been
employed on a full-time basis and the amount of compensation
actually received by the teacher for the services rendered in
the part-time assignment. The state shall make the full that
portion of the required employer contributions to the retirement
fund on behalf of the teacher to the retirement association for
the part time teaching service that is based on the amount of
compensation actually received by the teacher for the services
rendered in the part-time assignment in the manner described in
section 354.43, subdivisions 1, 2 and 5. The employee and
employer contributions shall be based upon the rates of
contribution prescribed by section 354.42. Full accrual of
allowable service credit and employee contributions for
part-time teaching service pursuant to this section and section
354A.094 shall not continue for a period longer than ten years.
Sec. 10. Minnesota Statutes 1982, section 354.66, is
amended by adding a subdivision to read:
Subd. 4a. [EXCEPTION.] Notwithstanding the provisions of
subdivision 4, a teacher whose assignment to a part-time
position pursuant to this section is authorized by the
commissioner within the limits of subdivision 9, shall continue
to make employee contributions and to accrue allowable service
credits in the retirement fund during the period of part-time
employment on the same basis and in the same amounts as would
have been paid and accrued if the teacher had been employed on a
full-time basis. The state shall make the full required
employer contributions to the retirement fund on behalf of the
teacher in the manner described in section 354.43, subdivisions
1 and 5. The employee and employer contributions shall be based
upon the rates of contribution prescribed by section 354.42.
Full accrual of allowable service credit and employee
contributions for part-time teaching service pursuant to this
section and section 354A.094 shall not continue for a period
longer than ten years.
Sec. 11. Minnesota Statutes 1982, section 354.66,
subdivision 9, is amended to read:
Subd. 9. [APPLICATIONS; LIMITS.] For the 1983-1984 and
1984-1985 school years, a school district shall not assign a
teacher to a part time teaching position qualifying for full
accrual of service credit from and employee contributions to the
retirement fund pursuant to this section without applying for
and receiving the authorization of the commissioner of
education. In cooperation with the board of trustees of the
teachers retirement association and the boards of trustees of
the appropriate teachers retirement fund associations and within
the limits of the amount appropriated for the purpose of this
section, the commissioner of education shall approve or
disapprove the applications from school districts for
authorization to assign teachers to part time teaching positions
qualifying for full accrual of service credit from and employee
contributions to the retirement fund pursuant to this section;
provided he. The commissioner shall not approve more than 55
125 total applications pursuant to this section and section
354A.094 for participation in the fund in any fiscal year each
of the 1983-1984 and 1984-1985 school years by teachers who
intend to pay employee contributions and request full state
payment of employer contributions. If more than 55 125
applications for any school year are received by the
commissioner by March 15 of the preceding school year, the
commissioner may decide which applications to approve according
to the order of receipt, a method ensuring participation by
teachers from the maximum possible number of districts, random
allotment or any combination of these methods. Applications
received by the commissioner after March 15 shall be considered
for approval according to the order of receipt within the limits
prescribed by this subdivision. The state board for community
colleges and the state university board may within the limits
appropriated to them for purposes of this section assign a
teacher to a part time teaching position qualifying for full
accrual of service credit from and employee contributions to the
retirement fund pursuant to this section without applying for
and receiving the authorization of the commissioner of education.
Sec. 12. Minnesota Statutes 1982, section 354A.091,
subdivision 1, is amended to read:
Subdivision 1. [RETIREMENT CONTRIBUTIONS.] Notwithstanding
any provision to the contrary of this chapter or the articles of
incorporation or bylaws of an association relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, except as provided in subdivision 1a
or 1b, an elementary, secondary or area vocational-technical
school teacher in the public schools of a city of the first
class who is granted an extended leave of absence pursuant to
section 125.60, may pay employee contributions to the applicable
association and shall be entitled to receive allowable service
credit in the applicable that association for each year of leave
, provided the member and the employing board make the required
employer contributions, in any proportion they may agree upon,
to that association during the period of leave which shall not
exceed five years. To obtain the service credit, the teacher on
extended leave shall make an employee contribution to the
applicable association each year during the period of the
leave. The extended leave period for which a teacher shall be
entitled to receive allowable service credit pursuant to this
section shall not exceed the leave duration maximum set forth in
section 125.60, subdivision 2. If the teacher on extended leave
makes the employee contribution pursuant to this section during
a leave of absence year, Except as provided in subdivision 1a or
1b the state shall not make an employer contribution on behalf
of the teacher to the applicable association for that year. The
employee and employer contributions shall be in amounts equal to
the employee and employer contribution rates in effect for other
active members of the association covered by the same program
applied based upon the rates of contribution prescribed by
section 354A.12 as applied to a salary figure equal to the
teacher's actual covered salary for the plan year immediately
preceding the leave. Payment of the employee contribution and
employer contributions authorized pursuant to this section shall
be made by the teacher on or before June 30 of the fiscal year
for which service credit is to be obtained, and payment of the
employer contribution shall be made by the state within 30 days
of notification by the association of receipt of the required
employee contribution received. No allowable service with
respect to a year of extended leave of absence shall be credited
to a teacher until payment of the required employee and employer
contributions has been received by the association.
Sec. 13. Minnesota Statutes 1982, section 354A.091,
subdivision 1a, is amended to read:
Subd. 1a. [CONTRIBUTION RESTRICTIONS EXCEPTION FOR LEAVES
SINCE 1981-1982.] Notwithstanding subdivision 1, the following
provisions apply to elementary, secondary and area
vocational-technical school teachers whose extended leaves begin
in the 1981-1982, 1982-1983, or 1983-1984 school year and each
year thereafter:
(a) Only A member whose application states the intention to
pay employee contributions to the applicable association,
requests state payment of the employer contribution, and is
approved by the commissioner within the limits of section
125.60, subdivision 7, qualifies for the payment of employee
contributions and for state payment of employer contributions
pursuant to subdivision 1 may pay employee contributions to the
applicable association and receive allowable service credit in
that association for each year of leave during the period of the
leave, which shall not exceed five years;
(b) The state shall pay employer contributions for a member
described in clause (a) for no more than the first three years
of the leave, provided the member who is on extended leave pays
the employee contribution to the applicable association by the
payment date specified in subdivision 1;
(c) A member whose application is approved as to the
member's eligibility under section 125.60, subdivisions 1 and 2
but whose application does not request state payment of employer
contributions or is disapproved as to state payment of employer
contributions, or who is in the fourth or fifth year of leave
affected by clause (b) may pay employee contributions and
receive allowable service credit as provided in subdivision 1 if
the member and his the employing school board make the required
employer contribution, in any proportion which they may agree
upon, by the payment date specified in subdivision 1.
Sec. 14. Minnesota Statutes 1982, section 354A.091, is
amended by adding a subdivision to read:
Subd. 1b. [PRE-MAY 16, 1981 LEAVE EXCEPTION.]
Notwithstanding subdivision 1, the following provisions apply
only to elementary, secondary, and area vocational technical
school teachers whose extended leaves began in the 1978-1979,
1979-1980 or 1980-1981 school years:
(a) A member whose period of extended leave began on or
before May 15, 1981, may pay employee contributions and receive
allowable service credit toward annuities and other benefits
under this chapter for each year of the leave during the period
of the leave which does not exceed five years;
(b) The state shall pay employer contributions into the
applicable fund for a member described in clause (a) of this
subdivision for each year of the leave for which the member who
is on extended leave pays the employee's contribution into the
fund by the payment date specified in subdivision 1.
Sec. 15. Minnesota Statutes 1982, section 354A.094,
subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter or the articles of
incorporation or bylaws of an association relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position pursuant to this section shall continue to make
employee contributions to and to accrue allowable service credit
in the applicable association during the period of part-time
employment pursuant to this section upon on the same basis and
in the same amounts as would have been paid and accrued if the
teacher had been employed on a full-time basis provided that,
except as provided in subdivision 4a, prior to June 30 each year
the member and the employing board make that portion of the
required employer contribution to the applicable association in
any proportion which they may agree upon, that is based on the
difference between the amount of compensation that would have
been paid if the teacher had been employed on a full-time basis
and the amount of compensation actually received by the teacher
for services rendered in the part-time assignment. The state
shall make the full that portion of required employer
contributions to the applicable association on behalf of the
teacher to the applicable association for the part time teaching
service that is based on the amount of compensation actually
received by the teacher for the services rendered in the
part-time assignment in the manner described in section 354.43,
subdivisions 1, 2 and 5. The employee and employer
contributions shall be based upon the rates of contribution
prescribed by section 354A.12. Full membership, accrual of
allowable service credit and employee contributions for part
time teaching service by a teacher pursuant to this section and
section 354.66 shall not continue for a period longer than ten
years.
Sec. 16. Minnesota Statutes 1982, section 354A.094, is
amended by adding a subdivision to read:
Subd. 4a. [EXCEPTION.] Notwithstanding the provisions of
subdivision 4, a teacher whose assignment to a part-time
position pursuant to this section is authorized by the
commissioner within the limits of subdivision 9, shall continue
to make employee contributions to and to accrue allowable
service credit in the applicable association during the period
of part-time employment on the same basis and in the same
amounts as would have been paid and accrued if the teacher had
been employed on a full-time basis. The state shall make the
full required employer contributions to the applicable
association on behalf of the teacher in the manner described in
section 354.43, subdivisions 1 and 5. The employee and employer
contributions shall be based upon the rates of contribution
prescribed by section 354A.12. Full membership accrual of
allowable service credit and employee contributions for
part-time teaching service by a teacher pursuant to this section
and section 354.66 shall not continue for a period longer than
ten years.
Sec. 17. Minnesota Statutes 1982, section 354A.094,
subdivision 9, is amended to read:
Subd. 9. [APPLICATION APPROVAL; LIMITS.] For the 1983-1984
and 1984-1985 school years, a district shall not assign a
teacher to a part time teaching position qualifying for full
membership in, accrual of service credit from and employee
contributions to a teachers retirement fund association pursuant
to this section without applying for and receiving the
authorization of the commissioner of education. In cooperation
with the boards of trustees of the appropriate retirement fund
associations and within the limits of the amounts appropriated
for the purpose of this section, the commissioner of education
shall approve or disapprove the applications from districts for
authorization to assign teachers to part time teaching positions
qualifying for full membership in, accrual of service credit
from and employee contributions to a teachers retirement fund
association pursuant to this section; provided he the
commissioner shall not approve more than 55 125 total
applications pursuant to this section and section 354.66 for
participation in the fund in any fiscal year each of the
1983-1984 and 1984-1985 school years by teachers who intend to
pay employee contributions and request full state payment of
employer contributions. If more than 55 125 applications for
any school year are received by the commissioner by March 15 of
the preceding school year, the commissioner may decide which
applications to approve according to the order of receipt, a
method ensuring participation by teachers from the maximum
possible number of districts, random allotment, or any
combination of these methods. Applications received by the
commissioner after March 15 shall be considered for approval
according to the order of receipt within the limits prescribed
by this subdivision.
Sec. 18. [REPEALER.]
Minnesota Statutes 1982, section 124.611 is repealed.
Sec. 19. [APPROPRIATION.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [EXTENDED LEAVES OF ABSENCE.] To meet the state's
obligation prescribed in Minnesota Statutes 1982, sections
354.094 and 354A.091, there is appropriated:
$1,143,000.....1984,
$1,524,000.....1985.
Subd. 3. [PART-TIME TEACHING.] To meet the state's
obligation prescribed in Minnesota Statutes 1982, sections
354.66 and 354A.094, there is appropriated:
$ 74,000.....1984,
$182,000.....1985.
Subd. 4. [EARLY RETIREMENT INCENTIVES.] To meet the
state's obligation prescribed in Minnesota Statutes 1982,
section 125.611, there is appropriated:
$1,983,000.....1984,
$1,962,500.....1985.
Subd. 5. [NONCANCELLATION; FUNDING RESTRICTION.] Any
unexpended balances remaining from the appropriations in this
section for fiscal year 1984 shall not cancel but shall be
available for the second year of the biennium. Notwithstanding
the provisions of Minnesota Statutes 1982, sections 354.43 and
354A.12, the state's obligations prescribed in Minnesota
Statutes 1982, sections 354.094, 354.66, 354A.091, and 354A.094
shall not be financed out of standing appropriations for the
state's obligations pursuant to Minnesota Statutes 1982, chapter
354 or 354A.
Subd. 6. [TRANSFER AUTHORITY.] If any appropriation for
any year in subdivision 2, 3 or 4 exceeds the amount needed to
pay the state's obligation for that year under that subdivision,
then the excess amount may be used to make payments for that
year pursuant to another subdivision.
Sec. 20. [EFFECTIVE DATE.]
Sections 1, 3, 11, and 17 of this article are effective the
day following final enactment.
ARTICLE 11
LIBRARIES
Section 1. Minnesota Statutes 1982, section 134.07, is
amended to read:
134.07 [LIBRARIES, READING ROOMS; TAX PUBLIC LIBRARY
SERVICE.]
Subdivision 1. The governing body of any city or county
may establish and maintain a public library, a public reading
room, or both, service for the use of its inhabitants. By
ordinance or resolution it may set apart for the benefit thereof
any public property of the city or county. Except as provided
in subdivision 2, In any statutory city and in any city of the
second, third, or fourth class, and in any county, the governing
body thereof may levy an annual tax of not more than 2.6 2/3
mills on the dollar, of all taxable property therein except
counties may not tax property which is already taxed for public
library service. The proceeds of any such the tax shall be
known as the library fund.
Subd. 2. The governing body of any city of the fourth
class located in any county having over 7,000 and less than
9,000 inhabitants and over 70 full and fractional congressional
townships, operating under a home rule charter, may levy an
annual tax of not to exceed 1.6 2/3 mills for such purposes,
notwithstanding any limitation contained in its home rule
charter.
Sec. 2. Minnesota Statutes 1982, section 134.08, is
amended to read:
134.08 [WHEN ESTABLISHED BY VOTE; EXISTING LIBRARIES
ESTABLISHING AND DISCONTINUING LIBRARY SERVICE; APPLICABILITY OF
LAW.]
Subdivision 1. [ESTABLISHMENT.] If a public library or
reading-room service is not otherwise established under section
134.07, the governing body of the municipality city or county,
upon the petition of 50 eligible voters, as defined in section
200.02 201.014, subdivision 25 1, of the municipality city
or county, in a number not less than five percent of the number
of persons who voted at the last general election in the city or
county, shall submit the question of the establishment or
provision of public library services to the voters at the next
municipal general election. If two-thirds a majority of the
votes cast on the question are in the affirmative, the governing
body shall establish the library or reading-room shall provide
public library service as authorized in section 134.12 or
375.335 and levy a yearly an annual tax for its support, within
the limits fixed by section 134.07.
Subd. 2. [DISCONTINUANCE.] If public library service is
established under the provisions of subdivision 1, it may be
discontinued only after a majority of the votes cast on the
question are in the affirmative on a question on a ballot in a
general election. The question of discontinuance of public
library service shall be placed on the ballot at the next
general election upon the petition of eligible voters, as
defined in section 201.014, subdivision 1, of the city or
county, in a number not less than five percent of the number of
persons who voted at the last general election in the city or
county.
Subd. 3. [APPLICABILITY.] All public libraries and
reading-rooms library service heretofore established and now
existing in cities are and counties is continued and all
ordinances and resolutions setting apart public property for
their support are hereby confirmed. Nothing in sections 134.08
to 134.15 shall be construed as abridging any power or duty in
respect to libraries conferred by any city charter. If a city
charter does not address matters provided for in chapter 134,
the provisions of chapter 134 shall apply.
Sec. 3. Minnesota Statutes 1982, section 134.09, is
amended to read:
134.09 [DIRECTORS LIBRARY BOARDS; TERM; REMOVAL.]
Subdivision 1. [APPOINTMENT.] When any such public library
or reading room service is established, except in any city of
the first class operating under a home rule charter, the mayor
of the city or president of the statutory city, with the
approval of the council for a city library or the board of
commissioners for a county library, shall appoint a board of
five, seven or nine directors members from among the residents
of the city or county, but. The number of members on the board
shall be determined by resolution or ordinance adopted by the
council or the board of commissioners. Not more than one of
whom council member or county commissioner shall at any time be
a member of such governing body, such the library board. The
appointments to shall be made prior to before the first meeting
of such the library board after the end of the fiscal year.
Subd. 2. [TERM OF OFFICE.] If nine board members are
appointed, three shall hold office for one year, three for two
years and three for three years. If seven members be are
appointed, three shall hold office for one year, two for two
years, and two for three years; if five be are appointed, two
shall hold office for one year, two for two years, and one for
three years. The number of directors on the board shall be
determined by resolution or ordinance adopted by the council.
All terms shall end with the fiscal year. Annually thereafter
such the mayor or president with the approval of the council, or
the board of county commissioners shall appoint board members
for the term of three years and until their successors qualify a
sufficient number of directors members to fill the places of
those whose term or terms expire. A library board member shall
not be eligible to serve more than three consecutive three-year
terms.
Subd. 2 3. [REMOVAL OF MEMBERS.] The mayor or president,
by and with the consent approval of the council, or the board of
county commissioners may remove any director member for
misconduct or neglect.
Subd. 3. Terms of directors in office at the time Laws
1945, Chapter 46, takes effect shall expire at the end of the
city's fiscal year current at the expiration of their terms as
heretofore provided.
Subd. 4. [ABOLISHMENT.] Upon recommendation of a majority
of any library board created under the provisions of subdivision
1, the governing body of such the city or county may abolish
such the library board at the end of any fiscal year provided
that such the governing body shall simultaneously establish a
successor library board of either five, seven or nine members by
resolution or ordinance. In the event of such resolution or
ordinance, the mayor, with the approval of the council, shall
appoint a library board of the number of members as provided by
said resolution or ordinance. If nine are appointed, three
shall hold office for one year, three for two years and three
for three years. If seven members be appointed, three shall
hold office for one year, two for two years, and two for three
years; if five be appointed, two shall hold office for one year,
two for two years, and one for three years. Annually thereafter
such mayor shall appoint for the term of three years and until
their successors qualify a sufficient number of directors to
fill the places of those whose term or terms expire. All terms
shall end with the fiscal year. The appointment of successor
board members shall be made as provided in subdivision 1. The
terms of successor board members shall be as provided in
subdivision 2.
Sec. 4. Minnesota Statutes 1982, section 134.10, is
amended to read:
134.10 [BOARD VACANCIES; COMPENSATION.]
Vacancies in The library board of directors president shall
be reported report vacancies in the board to the council and
filled by like or the board of county commissioners. The
council or board of county commissioners shall fill the
vacancies by appointment for the unexpired term. Directors
Library board members shall receive no compensation for their
services as such but may be reimbursed for actual and necessary
traveling expenses incurred in the discharge of library board
duties and activities.
Sec. 5. Minnesota Statutes 1982, section 134.11, is
amended to read:
134.11 [ORGANIZATION OF BOARD; RULES BONDING; DUTIES.]
Subdivision 1. [ORGANIZATION.] Immediately after
appointment, such the library board shall organize by electing
one of its number as president and one as secretary, and from
time to time it may appoint such other officers and employees as
it deems necessary. The secretary, before entering upon his
duties, shall give bond to the municipality in an amount fixed
by the directors, conditioned for the faithful discharge of his
official duties.
Subd. 2. [DUTIES.] The library board shall adopt such
bylaws and regulations for the government of the library and
reading-room and for the conduct of its business as may be
expedient and conformable to law. It shall have exclusive
control of the expenditure of all moneys collected for or placed
to the credit of the library fund, of interest earned on all
moneys collected for or placed to the credit of the library
fund, of the construction of library buildings, and of the
grounds, rooms, and buildings provided for library purposes.
All moneys received for such the library shall be paid into the
city or county treasury, credited to the library fund, kept
separate from other moneys of the municipality city or county,
and paid out only upon itemized vouchers approved approval by
the board. The library board may lease rooms for library use,
fix. The library board shall appoint a qualified library
director and other staff as necessary, establish the
compensation of employees, and remove any of them at pleasure
for cause. With the approval of the council or board of county
commissioners, the library board may purchase grounds and erect
a library building thereon.
Sec. 6. Minnesota Statutes 1982, section 134.12, is
amended to read:
134.12 [BENEFITS OF LIBRARY.]
Subdivision 1. [NON-RESIDENTS TO RECEIVE.] Any library
board of directors may admit to the benefits of its library
persons not residing within the municipality its city or county
under regulations and upon conditions as to payment and security
prescribed by it the library board.
Subd. 2. [LOAN OF BOOKS, CONTRACTS WITH CITIES AND TOWNS.]
The library board may contract with the county board of the
county in which the library is situated or the county board of
any adjacent county, or with the governing body of any
neighboring town or city, to loan books of the library, either
singly or in traveling libraries, library materials to residents
of the contracting county, town, or city.
Subd. 3. [USE OF FREE PUBLIC LIBRARY; TAX LEVY.] Any such
county board or city governing body may contract with the board
of directors of any free city or county public library for the
use of the library by the residents of the county, town, or city
who do not have the use of a free public library, upon the terms
and conditions as those granted residents of the city or county
where the public library is located, and to pay such the library
board of directors an annual amount therefor. Any such county
board or city governing body may establish a library fund by
levying an annual tax upon all taxable property which is not
already taxed for the support of any free public library and all
taxable property which is situated outside of any city in which
is situated a free public library.
Sec. 7. Minnesota Statutes 1982, section 134.13, is
amended to read:
134.13 [DIRECTORS NOW IN OFFICE; ANNUAL REPORT;
EXCEPTIONS.]
The directors of any such library or reading room in office
under existing laws shall so continue until the expiration of
their terms, but their successors shall be appointed and
vacancies filled under the provision of sections 134.08 to
134.15. At the first regular meeting of the board As soon as
practicable following the end of each the fiscal year of a city,
the library board shall report to the governing body of the
municipality city or county all amounts received during the
preceding year and the sources thereof, the amounts expended and
for what purposes, the number of books library materials on
hand, the number purchased and loaned, and such other
information as it deems advisable. A copy of such report No
later than April 1 of each year the library board shall be filed
file this information with the Library Division, state
department of education on forms supplied by the department.
Nothing in this section shall apply to libraries in cities of
the first class.
Sec. 8. Minnesota Statutes 1982, section 134.14, is
amended to read:
134.14 [TITLE TO PROPERTY; FREE USE.]
All property given, granted, conveyed, donated, devised, or
bequeathed to, or otherwise acquired by, any municipality city
or county for a public library or reading-room shall vest in,
and be held in the name of, such municipality the city or county
and any conveyance, grant, donation, devise, bequest, or gift
made to, or in the name of, any public library or library board
shall be deemed to have been made directly to such municipality
the city or county to be used as provided in section 134.11.
Every public library and reading-room established under sections
134.08 134.07 to 134.15 shall be forever free to the use of the
inhabitants of the municipality city or county subject to such
reasonable regulations as the directors library board may adopt.
Sec. 9. Minnesota Statutes 1982, section 134.15, is
amended to read:
134.15 [GIFTS; CONTRACTS.]
With the consent of the governing body of any city or
county, expressed by ordinance or resolution, and within the
limitations of sections 134.08 to 134.15 as to the rate of
taxation, the library board may accept any gift, grant, devise,
or bequest made or offered by any person for public library
purposes, or for the establishment, enlargement, or maintenance
of an art gallery or museum in connection with its library, and
may carry out the conditions of such the donation. The
municipality city or county in all such cases is authorized to
acquire a site, levy a tax, and pledge itself by ordinance or
resolution to a perpetual compliance with all the terms and
conditions of the gift, grant, devise, or bequest so accepted.
Sec. 10. Minnesota Statutes 1982, section 134.30, is
amended to read:
134.30 [DEFINITIONS.]
Subdivision 1. As used in sections 134.30 to 134.35 and
sections 134.351, 134.352, and 134.353, The terms defined used
in this section shall chapter 134 have the meanings ascribed to
given them in this section.
Subd. 2. "Public library" means any library that provides
free access to all residents of a city or county without
discrimination, receives at least half of its financial support
from public funds and is organized under the provisions of
chapter 134 or section 375.33. It does not include libraries
such as law, medical, school and academic libraries organized to
serve a special group of persons, or libraries organized as a
combination of a public library and another type of library.
Subd. 3. "Public library services" means services provided
by or on behalf of a public library and does not include
services for elementary schools, secondary schools or
post-secondary educational institutions.
Subd. 4. "Regional public library system" means a
multicounty public library service agency that provides free
access to all residents of the region without discrimination,
and is organized under the provisions of sections 134.12,
375.335, 471.59 or chapter 317 chapter 134 or 317, or section
471.59.
Subd. 5. "Basic system services" means services offered by
all regional public library systems either directly or by
contract. These services shall include, but are not limited to,
communication among participants, resource sharing, delivery of
materials, reciprocal borrowing, and cooperative reference
service.
Subd. 6. "Multi-county, multi-type library system" means a
cooperative network composed of any combination of public
libraries, regional public library systems, public school
libraries, public or private college or university libraries and
any other libraries which share services and resources within a
multi-county area.
Subd. 7. "City" or "cities" means home rule and statutory
cities unless specifically provided otherwise.
Sec. 11. Minnesota Statutes 1982, section 134.32,
subdivision 1, is amended to read:
Subdivision 1. The department shall provide the grants
specified in this section from any available state or, federal,
or other funds.
Sec. 12. Minnesota Statutes 1982, section 134.32,
subdivision 7, is amended to read:
Subd. 7. Nothing within the provisions of this section
shall be construed to allow state money to be used for the
construction of library facilities It may provide grants for
construction or remodeling of library facilities from any state
and federal funds specifically appropriated for this purpose.
Sec. 13. Minnesota Statutes 1982, section 134.351,
subdivision 3, is amended to read:
Subd. 3. [AGREEMENT.] In order for a multi-county,
multi-type library system to qualify for a planning, development
or operating grant pursuant to sections 134.352 and 134.353 and
section 16 of this article, each participating library in the
system shall adopt an organizational agreement providing for the
following:
(a) Sharing of resources among all participating libraries;
(b) Long-range planning for cooperative programs;
(c) The development of a delivery system for services and
programs;
(d) The development of a bibliographic data base; and
(e) A communications system among all cooperating libraries.
Sec. 14. Minnesota Statutes 1982, section 134.351,
subdivision 7, is amended to read:
Subd. 7. [REPORTS.] Each multi-county, multi-type system
receiving a grant pursuant to section 134.352 or 134.353 or
section 16 of this article shall provide an annual progress
report to the department of education. The department shall
report before November 15 of each year to the legislature on all
projects funded under sections 134.352 and section 134.353 and
section 16 of this article.
Sec. 15. Minnesota Statutes 1982, section 134.353, is
amended to read:
134.353 [MULTI-COUNTY, MULTI-TYPE LIBRARY SYSTEM
DEVELOPMENT GRANT.]
The state board of education may provide development and
operating grants to multi-county, multi-type library systems in
their second and subsequent years of operation. In awarding a
development and operating grant, the state board shall consider
the extra costs incurred in systems located in sparsely
populated and large geographic regions.
Sec. 16. [134.354] [MULTI-COUNTY, MULTI-TYPE LIBRARY
SYSTEM OPERATING GRANT.]
The state board of education may provide operating grants
to multi-county, multi-type library systems. In awarding an
operating grant, the state board shall consider the extra costs
incurred in systems located in sparsely populated and large
geographic areas.
Sec. 17. Minnesota Statutes 1982, section 134.36, is
amended to read:
134.36 [RULES.]
The state board of education shall promulgate rules as
necessary for implementation of any provision of sections 134.30
to 134.353 library grant programs.
Sec. 18. Minnesota Statutes 1982, section 375.335, is
amended to read:
375.335 [REGIONAL LIBRARIES PUBLIC LIBRARY SYSTEMS.]
Subdivision 1. [ESTABLISHMENT.] Two or more contiguous
counties, except counties one or more of which contain a city of
the first class over 300,000 according to the 1960 United States
census or two or more cities located in two or more counties
may, through action by their governing bodies under the
provisions of section 471.59, establish and maintain a regional
public library system, even though any one or more of the
counties or cities may already have a county library with a
library board; provided that in any such county or city already
having a county library board, the approval of said the library
board shall also be required. Cities in any of the contracting
counties having public libraries may join in the regional public
library system by being parties to the agreement which
establishes the regional public library system through action of
their library boards and their city councils, or as hereinafter
provided in subdivision 3.
Subd. 2. [LIBRARY BOARD.] The agreement establishing such
a regional public library may system shall provide for a library
board to govern the organization having all the powers and
duties of city and county library boards as provided in section
375.33 sections 134.11, 134.12, and 134.13 and including
exclusive determination of all library services to be provided
under terms of the agreement as defined in section 134.30,
subdivision 5, and exclusive control of the expenditure of all
funds for the services. Such The regional library system board
may consist of as many members as the contracting parties deem
necessary, appointed in such numbers a number from among the
residents of the contracting parties and for such terms by each
county board party to the contract as may be determined by the
contracting parties, irrespective of the existence of one or
more city and county library boards already in existence in the
participating cities and counties. Not more than one member
from each contracting party shall be a member of the governing
body of a contracting party and no member may be appointed to
serve more than three consecutive three-year terms. In such the
participating cities and counties, such the portion of the
proceeds of the city and county library tax authorized by
section 375.33, subdivision 1 134.07, shall be used for the
support of the regional public library system as the contracting
agreement may provide.
Subd. 3. [CITY PARTICIPATION.] Where such a regional
public library system is established, any city located in any of
the contracting counties which is excluded from the county tax
supporting the regional public library system under the
provisions of section 375.33, subdivision 1 134.07, may, upon
recommendation of its library board and upon action by its
governing body, be included in such the county tax and become an
integral part of the regional public library system. Such
cities and any other cities in the participating counties Cities
included in the county tax and with public libraries which are
part of the regional public library system, whether or not
governed by home rule charter provisions, upon action by their
city council, may levy taxes for the additional support of their
local library services provided that said combined levies shall
not exceed the statutory limit on the library levy. Any such
local public library board or governing body may, at its option,
continue to control such the local library fund or pay all or
part thereof into the regional public library system fund, to be
used for the increase or improvement of public library services
in such the city.
Subd. 4. [PROPERTY.] All property given, granted,
conveyed, donated, devised or bequeathed to, or otherwise
acquired by any regional library board or any regional public
library system board however created shall vest in, and be held
in the name of, the regional library board or regional public
library system board. Any conveyance, grant, donation, devise,
bequest, or gift made to, or in the name of, any regional
library or public library system shall be deemed to have been
made directly to the regional public library system board.
Subd. 5. [RATIFICATION.] All property heretofore given,
granted, conveyed, donated, devised, bequeathed to, or otherwise
acquired by any regional library board or any regional public
library system board however created is hereby validated,
ratified and confirmed as the property of the board.
Subd. 6. [RATIFICATION.] Any multicounty regional public
library heretofore created, and the agreements creating them,
are hereby validated, ratified, and confirmed and the benefits
of subdivisions 1 to 6 5 shall hereafter apply to these
libraries.
Sec. 19. Minnesota Statutes 1982, section 648.39,
subdivision 1, is amended to read:
Subdivision 1. [FREE DISTRIBUTION.] The revisor of
statutes shall without charge distribute each edition of
Minnesota Statutes, supplement to the Minnesota Statutes, and
the Laws of Minnesota to the persons, officers, departments,
agencies, or commissions listed in this subdivision. Prior to
distribution of Minnesota Statutes, supplement to the Minnesota
Statutes, or the Laws of Minnesota, the revisor of statutes
shall inquire whether the full number of copies authorized by
this subdivision are required for their work. Unless a smaller
number is needed, each edition shall be distributed without
charge as follows:
(a) 30 copies to the supreme court;
(b) 1 copy to each judge of a district court;
(c) 1 copy to the clerk of each district court for use in
each courtroom of the district court of his county;
(d) 100 copies to the state law library;
(e) 100 copies to the law school of the University of
Minnesota;
(f) 100 copies to the office of the attorney general;
(g) 10 copies each to the governor's office, the
departments of agriculture, commerce, corrections, education,
health, transportation, labor and industry, economic security,
natural resources, public safety, public service, public
welfare, and revenue, and the pollution control agency;
(h) 1 copy each to other state departments, agencies,
boards, and commissions not specifically named in this
subdivision;
(i) 1 copy to each member of the legislature;
(j) 100 copies for the use of the senate and 150 copies for
the use of the house of representatives;
(k) 4 copies to the secretary of the senate;
(l) 4 copies to the chief clerk of the house of
representatives;
(m) 1 copy to each judge, district attorney, clerk of court
of the United States and the deputy clerk of each division of
the United States district court in this state, the secretary of
state of the United States, the library of congress, and the
Minnesota historical society;
(n) 20 copies each to the department of administration,
state auditor, and legislative auditor;
(o) 1 copy to each county library maintained pursuant to
section 134.12 or 375.33 chapter 134, except in counties
containing cities of the first class. If a county has not
established a county library pursuant to section 134.12 or
375.33 chapter 134, the copy shall be provided to any public
library in the county; and
(p) 50 copies to the revisor of statutes.
Sec. 20. [TEMPORARY RULES.]
The state board of education may adopt temporary rules,
according to the provisions of Minnesota Statutes, sections
14.29 to 14.36, to implement a grant program for construction of
library facilities using federal funds.
Sec. 21. [REPEALER.]
Minnesota Statutes 1982, sections 134.03; 134.06; 134.16;
134.19; 134.352; and 375.33 are repealed.
Sec. 22. [INSTRUCTION TO THE REVISOR.]
The revisor of statutes, under the powers in section
648.34, shall renumber sections 134.01 and 134.02 by placing
them in chapter 123; shall renumber section 134.04 by placing it
in chapter 121; shall renumber section 134.30 by placing it at
the beginning of chapter 134; and shall renumber section 375.335
by placing it in chapter 134.
Sec. 23. [APPROPRIATION.]
Subdivision 1. There is appropriated from the general fund
to the department of education the sums indicated in this
section for the fiscal years ending June 30 in the years
designated.
Subd. 2. [BASIC SUPPORT GRANTS.] For grants pursuant to
sections 134.32 to 134.35 and 134.36 for the provision of
library services there is appropriated:
$4,381,000.....1984,
$4,605,000.....1985.
The appropriation for 1984 includes $595,000 for aid for
fiscal year 1983 payable in fiscal year 1984, and $3,786,000 for
aid for fiscal year 1984 payable in fiscal year 1984.
The appropriation for 1985 includes $668,000 for aid for
fiscal year 1984 payable in fiscal year 1985 and $3,937,000 for
aid for fiscal year 1985 payable in fiscal year 1985.
The appropriations are based on aid entitlements of
$4,454,000 for fiscal year 1984 and $4,632,000 for fiscal year
1985.
If the Crow River regional library system and the Western
Plains regional library system merge by July 1, 1983, the basic
support grant paid to the merged system pursuant to section
134.35, subdivision 4, shall be increased by $24,000 in fiscal
year 1984 and $12,000 in fiscal year 1985. These additional
grants are included in the appropriations in this subdivision.
Subd. 3. [MULTI-COUNTY LIBRARY SYSTEMS.] For grants
pursuant to section 134.353 and section 16 of this article to
multi-county, multi-type library systems there is appropriated:
$188,000.....1984,
$197,000.....1985.
The appropriation for 1984 includes $26,000 for aid for
fiscal year 1983 payable in fiscal year 1984, and $162,000 for
aid for fiscal year 1984 payable in fiscal year 1984.
The appropriation for 1985 includes $29,000 for aid for
fiscal year 1984 payable in fiscal year 1985 and $168,000 for
aid for fiscal year 1985 payable in fiscal year 1985.
The appropriations are based on aid entitlements of
$190,000 for fiscal year 1984 and $198,000 for fiscal year 1985.
ARTICLE 12
TEACHER RETIREMENT CONTRIBUTIONS
Section 1. [APPROPRIATIONS.]
Subdivision 1. The sums indicated in this section are
appropriated from the general fund to the agencies and for the
purposes indicated, to be available for the fiscal years ending
June 30 in the years indicated. If the appropriation for either
year is insufficient, the appropriation for the other year is
available for it.
Subd. 2. [TEACHERS RETIREMENT ASSOCIATION: TEACHERS
STATEWIDE.] To the teachers retirement association, to meet the
state's obligation prescribed in Minnesota Statutes, section
354.43, there is appropriated:
$87,508,200.....1984,
$92,137,200.....1985.
Subd. 3. [TEACHERS RETIREMENT ASSOCIATION: SUPPLEMENTAL
BENEFITS-1915.] To the teachers retirement association, to meet
the state's obligation prescribed in Minnesota Statutes, section
354.55, subdivision 5, there is appropriated:
$1,500.....1984,
$1,500.....1985.
Subd. 4. [TEACHERS RETIREMENT ASSOCIATIONS IN CITIES OF
THE FIRST CLASS.] To the commissioner of finance for payment to
teachers retirement associations in Minneapolis, St. Paul, and
Duluth to meet the state's obligation prescribed in Minnesota
Statutes, section 354A.12, subdivision 2, there is appropriated:
$17,917,000.....1984,
$18,791,200.....1985.
Subd. 5. [EMPLOYER SOCIAL SECURITY CONTRIBUTIONS.] To the
commissioner of employee relations for payment to the federal
government to meet the state's obligation prescribed in
Minnesota Statutes, section 355.46, there is appropriated:
$80,155,900.....1984,
$86,385,400.....1985.
Subd. 6. [SOCIAL SECURITY COSTS OF ADMINISTRATION.] To the
commissioner of employee relations to meet the state's
obligation prescribed in Minnesota Statutes, sections 355.46 and
355.49, there is appropriated:
$51,000.....1984,
$51,000.....1985.
ARTICLE 13
AID PAYMENT REDUCTIONS
Section 1. Minnesota Statutes 1982, section 121.904,
subdivision 4a, as amended by Laws 1982, Third Special Session
chapter 1, article 3, section 1, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district, including distributions
made pursuant to section 279.37, subdivision 7, and excluding
the amount levied pursuant to section 275.125, subdivision 9a,
and Laws 1976, Chapter 20, Section 4.
(b) In June of each year, the school district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the June and July school district tax settlement
revenue received in that calendar year; or
(2) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2 which are for the fiscal year
payable in that fiscal year; or
(3) thirty-two percent of the amount of the spread levy
certified in the current prior calendar year, plus or minus
auditor's adjustments, not including levy portions that are
assumed by the state, which remains after subtracting, by fund,
the amounts levied for the following purposes:
(i) reducing or eliminating projected deficits in the
appropriated fund balance accounts for unemployment insurance
and bus purchases;
(ii) statutory operating debt pursuant to section 275.125,
subdivision 9a, and Laws 1976, Chapter 20, Section 4; and
(iii) retirement and severance pay pursuant to section
275.125, subdivision 6a, and Laws 1975, Chapter 261, Section 4;
(iv) amounts levied for bonds issued and interest thereon,
amounts levied for debt service loans and capital loans, and
amounts levied pursuant to section 275.125, subdivision 14a.
(c) In July of each year, the school district shall
recognize as revenue that portion of the school district tax
settlement revenue received in that calendar year and not
recognized as revenue for the previous fiscal year pursuant to
clause (b).
(d) All other school district tax settlement revenue shall
be recognized as revenue in the fiscal year of the settlement.
Portions of the school district levy assumed by the state,
including prior year adjustments and the amount to fund the
school portion of the reimbursement made pursuant to section
273.425, shall be recognized as revenue in the fiscal year
beginning in the calendar year for which the levy is payable.
Sec. 2. [REDUCTIONS FOR FISCAL YEAR 1984.]
Aid payments that were not reduced in fiscal year 1983
because of the recognition of school district tax settlement
revenue, pursuant to Minnesota Statutes, section 121.904,
subdivision 4a, as amended by Laws 1982, Third Special Session
chapter 1, article 3, section 1, shall be reduced from aid
payments in fiscal year 1984 by approximately $7,600,000. The
commissioner shall reduce aid payments authorized by the
appropriations in articles 1 to 12 in accordance with section 10
of article 6.
Sec. 3. [REDUCTIONS FOR REVENUE EQUITY.]
Pursuant to section 7, of article 1, aid payments shall be
reduced in fiscal year 1985 by approximately $4,269,000.
Approved June 14, 1983
Official Publication of the State of Minnesota
Revisor of Statutes