Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 463-H.F.No. 1393
An act relating to education; providing for aids to
education, tax levies, and the distribution of tax
revenues; modifying the foundation aid formula;
granting certain powers and duties to school boards,
school districts, the state board of education, the
commissioner of education, the department of
education, the state board of vocational technical
education, the state director of vocational technical
education, the higher education coordinating board,
and others; providing for an equalized summer school
aid and levy; increasing the community education aid
and levy; providing for an equalized early childhood
and family education aid and levy; establishing a
programs of excellence program; requiring an arts
education study; expanding in-service and
instructional effectiveness training programs;
improving the planning, evaluation, and reporting
process; establishing assessment programs;
establishing a research and development grant program;
appropriating money; amending Minnesota Statutes 1982,
sections 120.05, subdivision 2; 120.06; 121.09; 121.21;
121.212, subdivision 1; 121.213; 121.214; 121.215;
121.2155; 121.216; 121.218; 121.904, by adding a
subdivision; 121.908, by adding a subdivision;
121.912, by adding a subdivision; 121.935,
subdivisions 2 and 6; 121.936, subdivision 1; 123.36,
subdivision 10; 123.74; 123.741, as amended; 123.742,
as amended; 124.19, by adding a subdivision; 124.20;
124.201, subdivision 1; 124.214, subdivision 1;
124.245, subdivision 1; 124.564; 124.565, subdivisions
1, 6, and 7; 124.572, as amended; 124.573, subdivision
3; 125.12, subdivision 3; 125.17, subdivision 2;
125.611, by adding a subdivision; 125.185, subdivision
4; 136A.02, subdivision 6; 275.125, subdivision 9a,
and by adding subdivisions; 465.721; 471.61,
subdivisions 1 and 2a; and 475.61, subdivision 1;
Minnesota Statutes 1983 Supplement, sections 120.17,
subdivision 3b; 121.15, subdivision 1; 121.503,
subdivision 5; 121.601; 121.608; 121.609; 121.904,
subdivision 4a; 123.36, subdivision 13; 123.743;
124.155, subdivision 1; 124.195, subdivisions 1, 9,
and by adding a subdivision; 124.201, subdivisions 2,
4, and 5; 124.2122, subdivisions 1 and 2; 124.2126,
subdivision 3; 124.2138; 124.214, subdivision 2;
124.271, subdivision 2b; 124.5611; 124.5612; 124.5614;
124.5615; 124.5616; 124.5617; 124.5618; 124A.06,
subdivision 1; 124A.12, subdivision 1; 124A.14;
124A.16; 125.032, subdivision 2a; 129B.02, subdivision
4; 129B.041, subdivisions 1 and 3; 129B.32,
subdivision 3; 129B.36, subdivision 7; 136C.01;
136C.02, subdivision 3; 136C.04, subdivisions 7, 10,
and by adding a subdivision; 275.125, subdivisions 2e,
2k, 8, 8a, 9b, 11a, 11b, and 11c; 298.28, subdivision
1; 466.06; and 475.61, subdivision 3; Laws 1976,
chapter 20, section 5, subdivision 1; Laws 1983,
chapter 314, article 6, section 34, subdivision 12;
article 7, section 45; article 8, section 23; and
article 9, section 14, subdivision 3; proposing new
law coded in Minnesota Statutes, chapters 121; 123;
124; 126; 129B; and 136C; repealing Minnesota Statutes
1982, sections 121.217; 124.201, as amended; 124.212,
subdivision 1; 124.245, subdivision 1a; 124.246,
subdivisions 2a and 5; 124.26, subdivisions 1a and 5;
124.273, subdivisions 1a and 2a; 124.32, subdivisions
1a, 1e, and 2a; 124.565, subdivisions 3 and 4;
124.572, subdivisions 2a, 8, and 8a; 124.573,
subdivisions 2a, 3b, 5, and 6; 124.574, subdivisions
2, 2a, 3a, and 8; 125.60, subdivision 2a; 129B.06;
129B.07; 129B.08; 129B.09, as amended; and 275.125,
subdivisions 2g and 2h; Minnesota Statutes 1983
Supplement, sections 124.11, subdivisions 2a and 2b;
124.225, subdivision 12; 124.271, subdivision 6;
124.32, subdivision 5a; 124.5613, subdivision 1;
129B.041, subdivision 2; and 275.125, subdivisions 2i
and 2j.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
FOUNDATION AID
Section 1. [124.175] [AFDC PUPIL COUNT.]
Each year by March 1, the department of public welfare
shall certify to the department of education, for each school
district, the number of pupils from families receiving aid to
families with dependent children who were enrolled in a public
school on October 1 of the preceding year.
Sec. 2. Minnesota Statutes 1982, section 124.19, is
amended by adding a subdivision to read:
Subd. 6. [INSTRUCTIONAL HOURS.] To be eligible for full
entitlement of foundation aid, a district must provide to
students the minimum number of instructional hours per day
prescribed in the rules of the state board, except as provided
for in subdivision 5 of this section. Part of the school day
may be provided in employment-related or community-based
instruction, but only within a program which receives annual
approval by the local district board, is in compliance with
state board rules, and is on file with the commissioner of
education. The information on the employment-related or
community-based instruction submitted to the commissioner shall
contain at least an estimate of the number of students involved,
a description of the alternative instruction, and the percentage
of the students' instructional year involved.
Sec. 3. Minnesota Statutes 1983 Supplement, 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 $1,346 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. The formula
allowance shall be $1,585 for the 1984 payable 1985 levies and
for foundation aid for the 1985-1986 school year.
Sec. 4. Minnesota Statutes 1983 Supplement, 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 .024 for 1981 payable 1982 levies
minimum aid. 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. The basic maintenance mill rate shall be
.024 for the 1983 payable 1984 levies and for foundation aid for
the 1984-1985 school year. The basic maintenance mill rate
shall be .0235 for the 1984 payable 1985 levies and for
foundation aid for the 1985-1986 school year.
Sec. 5. Minnesota Statutes 1983 Supplement, 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;
(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) (8) 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. 6. Minnesota Statutes 1983 Supplement, section
124.2138, is amended to read:
124.2138 [REVENUE EQUITY AID SUBTRACTION.]
Subdivision 1. [BASIC MAINTENANCE LEVY EQUITY.] (1) In any
year when If the amount of the maximum levy limitation under
section 275.125, subdivision 2a, for fiscal year 1985 for any
district, or for fiscal year 1986 or after for a nonagricultural
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, clause (1)(b), 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 If the transportation levy for fiscal year 1985 in
any district, or for fiscal year 1986 and thereafter in a
nonagricultural 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.
Subd. 4. [NONAGRICULTURAL DISTRICT DEFINED.] For the
purposes of this section, nonagricultural district means a
district where the assessed valuation of agricultural land
identified in section 273.13, subdivisions 4, 6, and 6a,
comprises less than 60 percent of the assessed valuation of the
district.
Sec. 7. Minnesota Statutes 1983 Supplement, section
124A.06, subdivision 1, is amended to read:
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
124.2124, subdivision 1, had been effective for the 1980-1981
school year by the actual pupil units in the district in the
1980-1981 school year.
(b) For the 1984-1985 school year, multiply the result in
clause (a) by one. For the 1985-1986 school year and school
years thereafter, multiply the result in clause (a) by two.
(c) Divide the formula allowance for the school year by
$1265.
(c) (d) Multiply the result in clause (a) (b) by the result
in clause (b) (c).
(d) (e) Subtract 1.25 from the training and experience
index, and multiply the difference by $300 for the 1984-1985
school year, or $400 for the 1985-1986 school year and
thereafter.
(e) (f) Select the greater of the result in clause (d) (e)
or zero.
(f) (g) Add the results of clauses (c) (d) and (e) (f).
Sec. 8. Minnesota Statutes 1983 Supplement, section
124A.12, subdivision 1, is amended to read:
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 for the 1984-1985 school year. For the
1985-1986 school year and thereafter, the fourth tier allowance
is the result of the following computation:
(a) Subtract 1.25 from the training and experience index,
and multiply the difference by $150.
(b) Select the greater of the result in clause (a) or zero.
(c) Add $100 to the result of clause (b).
Sec. 9. Minnesota Statutes 1983 Supplement, section
124A.14 is amended to read:
124A.14 [FIFTH TIER AID WITH 50 PERCENT EQUALIZING FACTOR.]
Subdivision 1. [TOTAL TIER ALLOWANCE.] "Total tier
allowance" shall mean the sum of the cost differential tier
allowance, second tier allowance, third tier allowance, and
fourth tier allowance, as defined in this chapter.
Subd. 2. [PREVIOUS FORMULA AMOUNT.] "Previous formula
amount" shall mean:
(a) the sum of the grandfather revenue, replacement
revenue, discretionary revenue, and low fund balance revenue the
district would have received for the 1984-1985 school year if
the provisions of Minnesota Statutes 1982, sections 124.2123,
124.2124, 124.2125, and 124.2128 had been effective for the
1984-1985 school year, divided by
(b) the 1984-1985 actual pupil units.
(c) The computations in this subdivision shall be made
assuming that the district would have been entitled to and would
have levied the maximum allowable under Minnesota Statutes 1982,
section 275.125, subdivision 7a, and that no levy or aid
reduction would have been made according to Minnesota Statutes
1982, section 275.125, subdivision 7c.
Subd. 3. [MINIMUM INCREASE.] "Minimum increase" shall mean
the amount equal to $25 times the 1984-1985 total pupil units,
divided by the 1984-1985 actual pupil units.
Subd. 4. [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 previous formula amount plus the minimum increase
minus the total tier allowance for the current year. If this
result is less than zero, the fifth tier allowance shall equal
zero.
Subd. 2 5. [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 6. [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. 10. Minnesota Statutes 1983 Supplement, section
124A.16, is amended to read:
124A.16 [COMMENCEMENT OF TIER REVENUE.]
Subdivision 1. [TOTAL TIER ALLOWANCE DEFINITIONS.] "Total
tier allowance," "previous formula amount," and "minimum
increase" shall mean the sum of the allowances from the tiers
specified in sections 124A.06, 124A.08, 124A.10, 124A.12, and
124A.14 have the meanings given them in section 124A.14.
Subd. 2. [PREVIOUS FORMULA AMOUNT.] "Previous formula
amount" shall mean the revenue per actual pupil unit from the
previous formula as specified in section 124A.14, 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 124A.06, 124A.08, 124A.10,
124A.12, and 124A.14 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 3. The revenue permitted by this section shall be
accorded to the lowest numbered tiers, beginning with the cost
differential tier.
Subd. 6 4. The permitted total revenue per actual pupil
unit specified in subdivision 4 2 shall be determined prior to
the reduction according to section 275.125, subdivision 7e.
Sec. 11. Minnesota Statutes 1983 Supplement, 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 total 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 total
pupil units for that district for that school year, plus
(ii) the amount of by which special state aids of chapter
124 receivable for the same school year, excluding aid
authorized in sections 124.2137 and 124.646, are estimated to be
reduced pursuant to section 124.2138, subdivision 1, plus
(iii) the amount of by which 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), are estimated to be reduced pursuant
to section 124.2138, subdivision 1, 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. 12. Minnesota Statutes 1983 Supplement, section
298.28, subdivision 1, is amended to read:
Subdivision 1. [DISTRIBUTION FROM GENERAL FUND.] The
proceeds of the taxes collected under section 298.24, except the
tax collected under section 298.24, subdivision 2, shall, upon
certificate of the commissioner of revenue to the general fund
of the state, be paid by the commissioner of revenue as follows:
(1) 2.5 cents per gross ton of merchantable iron ore
concentrate, hereinafter referred to as "taxable ton," to the
city or town in which the lands from which taconite was mined or
quarried were located or within which the concentrate was
produced. If the mining, quarrying, and concentration, or
different steps in either thereof are carried on in more than
one taxing district, the commissioner shall apportion equitably
the proceeds of the part of the tax going to cities and towns
among such subdivisions upon the basis of attributing 40 percent
of the proceeds of the tax to the operation of mining or
quarrying the taconite, and the remainder to the concentrating
plant and to the processes of concentration, and with respect to
each thereof giving due consideration to the relative extent of
such operations performed in each such taxing district. His
order making such apportionment shall be subject to review by
the tax court at the instance of any of the interested taxing
districts, in the same manner as other orders of the
commissioner.
(2) 12.5 cents per taxable ton, less any amount distributed
under clause (8), to the taconite municipal aid account in the
apportionment fund of the state treasury, to be distributed as
provided in section 298.282.
(3) 29 cents per taxable ton plus the increase provided in
paragraph (c) to qualifying school districts to be distributed
as follows:
(a) Six cents per taxable ton to the school districts in
which the lands from which taconite was mined or quarried were
located or within which the concentrate was produced. The
commissioner shall follow the apportionment formula prescribed
in clause (1).
(b) 23 cents per taxable ton, less any amount distributed
under part (d), shall be distributed to a group of school
districts comprised of those school districts wherein the
taconite was mined or quarried or the concentrate produced or in
which there is a qualifying municipality as defined by section
273.134 in direct proportion to school district tax levies as
follows: each district shall receive that portion of the total
distribution which its certified levy for the prior year,
computed pursuant to section 275.125, comprises of the sum of
certified levies for the prior year for all qualifying
districts, computed pursuant to section 275.125. For purposes
of distributions pursuant to this part, certified levies for the
prior year computed pursuant to section 275.125 shall not
include the amount of any increased levy authorized by
referendum pursuant to section 275.125, subdivision 2d.
(c) On July 15, 1982 and on July 15 in subsequent years, an
amount equal to the increase derived by increasing the amount
determined by clause (3)(b) in the same proportion as the
increase in the steel mill products index over the base year of
1977 as provided in section 298.24, subdivision 1, clause (a),
shall be distributed to any school district described in clause
(3)(b) where a levy increase pursuant to section 275.125,
subdivision 2d, is authorized by referendum, according to the
following formula. Each district shall receive the product of:
(i) $150 times the pupil units identified in section
124.17, subdivision 1, clauses (1) and (2), enrolled in the
second previous school year, less the product of two mills times
the district's taxable valuation in the second previous year;
times
(ii) the lesser of:
(A) one, or
(B) the ratio of the amount certified pursuant to section
275.125, subdivision 2d, in the previous year, to the product of
two mills times the district's taxable valuation in the second
previous year.
If the total amount provided by clause (3)(c) is
insufficient to make the payments herein required then the
entitlement of $150 per pupil unit shall be reduced uniformly so
as not to exceed the funds available. Any amounts received by a
qualifying school district in any fiscal year pursuant to clause
(3)(c) shall not be applied to reduce foundation aids which the
district is entitled to receive pursuant to sections 124.2121 to
124.2128 or the permissible levies of the district. Any amount
remaining after the payments provided in this paragraph shall be
paid to the commissioner of finance who shall deposit the same
in the taconite environmental protection fund and the northeast
Minnesota economic protection trust fund as provided in section
298.28, subdivision 1, clause 10.
(d) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
(4) 19.5 cents per taxable ton to counties to be
distributed as follows:
(a) 15.5 cents per taxable ton shall be distributed to the
county in which the taconite is mined or quarried or in which
the concentrate is produced, less any amount which is to be
distributed pursuant to part (b). The commissioner shall follow
the apportionment formula prescribed in clause (1).
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, one
cent per taxable ton of the tax distributed to the counties
pursuant to part (a) and imposed on and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county in which the power plant is located.
(c) Four cents per taxable ton shall be paid to the county
from which the taconite was mined, quarried or concentrated to
be deposited in the county road and bridge fund. If the mining,
quarrying and concentrating, or separate steps in any of those
processes are carried on in more than one county, the
commissioner shall follow the apportionment formula prescribed
in clause (1).
(5) (a) 25.75 cents per taxable ton, less any amount
required to be distributed under part (b), to the taconite
property tax relief account in the apportionment fund in the
state treasury, to be distributed as provided in sections
273.134 to 273.136.
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, .75
cent per taxable ton of the tax imposed and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county and school district in which the power plant is
located as follows: 25 percent to the county and 75 percent to
the school district.
(6) One cent per taxable ton to the state for the cost of
administering the tax imposed by section 298.24.
(7) Three cents per taxable ton shall be deposited in the
state treasury to the credit of the iron range resources and
rehabilitation board account in the special revenue fund for the
purposes of section 298.22. The amount determined in this
clause shall be increased in 1981 and subsequent years in the
same proportion as the increase in the steel mill products index
as provided in section 298.24, subdivision 1. The amount
distributed pursuant to this clause shall be expended within or
for the benefit of a tax relief area defined in section
273.134. No part of the fund provided in this clause may be
used to provide loans for the operation of private business
unless the loan is approved by the governor and the legislative
advisory commission.
(8) .20 cent per taxable ton shall be paid in 1979 and each
year thereafter, to the range association of municipalities and
schools, for the purpose of providing an area wide approach to
problems which demand coordinated and cooperative actions and
which are common to those areas of northeast Minnesota affected
by operations involved in mining iron ore and taconite and
producing concentrate therefrom, and for the purpose of
promoting the general welfare and economic development of the
cities, towns and school districts within the iron range area of
northeast Minnesota.
(9) the amounts determined under clauses (4)(a), (4)(c),
and (5) shall be increased in 1979 and subsequent years in the
same proportion as the increase in the steel mill products index
as provided in section 298.24, subdivision 1.
(10) the proceeds of the tax imposed by section 298.24
which remain after the distributions in clauses (1) to (9) and
parts (a) and (b) of this clause have been made shall be divided
between the taconite environmental protection fund created in
section 298.223 and the northeast Minnesota economic protection
trust fund created in section 298.292 as follows: In 1981 and
each year thereafter, two-thirds to the taconite environmental
protection fund and one-third to the northeast Minnesota
economic protection trust fund. The proceeds shall be placed in
the respective special accounts in the general fund.
(a) In 1978 and each year thereafter, there shall be
distributed to each city, town, school district, and county the
amount that they received under section 294.26 in calendar year
1977; provided, however, that the amount distributed in 1981 to
the unorganized territory number 2 of Lake County and the town
of Beaver Bay based on the between-terminal trackage of Erie
Mining Company will be distributed in 1982 and subsequent years
to the unorganized territory number 2 of Lake County and the
towns of Beaver Bay and Stony River based on the miles of track
of Erie Mining Company in each taxing district.
(b) In 1978 and each year thereafter, there shall be
distributed to the iron range resources and rehabilitation board
the amounts it received in 1977 under section 298.22.
On or before October 10 of each calendar year each producer
of taconite or iron sulphides subject to taxation under section
298.24 (hereinafter called "taxpayer") shall file with the
commissioner of revenue and with the county auditor of each
county in which such taxpayer operates, and with the chief
clerical officer of each school district, city or town which is
entitled to participate in the distribution of the tax, an
estimate of the amount of tax which would be payable by such
taxpayer under said law for such calendar year; provided such
estimate shall be in an amount not less than the amount due on
the mining and production of concentrates up to September 30 of
said year plus the amount becoming due because of probable
production between September 30 and December 31 of said year,
less any credit allowable as hereinafter provided. Such
estimate shall list the taxing districts entitled to participate
in the distribution of such tax, and the amount of the estimated
tax which would be distributable to each such district in the
next ensuing calendar year on the basis of the last percentage
distribution certified by the commissioner of revenue. If there
be no such prior certification, the taxpayer shall set forth its
estimate of the proper distribution of such tax under the law,
which estimate may be corrected by the commissioner if he deems
it improper, notice of such correction being given by him to the
taxpayer and the public officers receiving such estimate. The
officers with whom such report is so filed shall use the amount
so indicated as being distributable to each taxing district in
computing the permissible tax levy of such county, city or
school district in the year in which such estimate is made, and
payable in the next ensuing calendar year, except that in 1978
and 1979 two cents per taxable ton, and in 1980 and thereafter,
one cent per taxable ton of the amount distributed under clause
(4)(c) shall not be deducted in calculating the permissible
levy. Such taxpayer shall then pay, at the times payments are
required to be made pursuant to section 298.27, as the amount of
tax payable under section 298.24, the greater of (a) the amount
shown by such estimate, or (b) the amount due under said section
as finally determined by the commissioner of revenue pursuant to
law. If, as a result of the payment of the amount of such
estimate, the taxpayer has paid in any calendar year an amount
of tax in excess of the amount due in such year under section
298.24, after application of credits for any excess payments
made in previous years, all as determined by the commissioner of
revenue, the taxpayer shall be given credit for such excess
amount against any taxes which, under said section, may become
due from the taxpayer in subsequent years. In any calendar year
in which a general property tax levy subject to sections 275.125
or 275.50 to 275.59 has been made, if the taxes distributable to
any such county, city or school district are greater than the
amount estimated to be paid to any such county, city or school
district in such year, the excess of such distribution shall be
held in a special fund by the county, city or school district
and shall not be expended until the succeeding calendar year,
and shall be included in computing the permissible levies under
sections 275.125 or 275.50 to 275.59, of such county, city or
school district payable in such year. If the amounts
distributable to any such county, city or school district, after
final determination by the commissioner of revenue under this
section are less than the amounts indicated by such estimates,
such county, city or school district may issue certificates of
indebtedness in the amount of the shortage, and may include in
its next tax levy, in excess of the limitations of sections
275.125 or 275.50 to 275.59 an amount sufficient to pay such
certificates of indebtedness and interest thereon, or, if no
certificates were issued, an amount equal to such shortage.
There is hereby annually appropriated to such taxing
districts as are stated herein, to the taconite property tax
relief account and to the taconite municipal aid account in the
apportionment fund in the state treasury, to the department of
revenue, to the iron range resources and rehabilitation board,
to the range association of municipalities and schools, to the
taconite environmental protection fund, and to the northeast
Minnesota economic protection trust fund, from any fund or
account in the state treasury to which the money was credited,
an amount sufficient to make the payment or transfer. The
payment of the amount appropriated to such taxing districts
shall be made by the commissioner of revenue on or before May 15
annually.
Sec. 13. [ISOLATED SCHOOL AID.]
In the 1984-1985 school year, a district having more than
2,500 square miles in area and operating six or more secondary
schools shall receive aid equal to $50 times the actual pupil
units in that school year.
Sec. 14. [AID SUBTRACTION INCREASE.]
The legislature intends that, as a result of changes in
school district levy limitations in this article, articles 2 and
4, the aid subtraction required by section 124.155 will be
increased by an estimated $2,283,000 for fiscal year 1985.
Sec. 15. [REPEALER.]
Minnesota Statutes 1982, section 124.212, subdivision 1, is
repealed.
Sec. 16. [APPROPRIATION.]
There is appropriated from the general fund to the
department of education the sum of $166,500 for isolated school
aid for fiscal year 1985.
Sec. 17. [EFFECTIVE DATE.]
Section 12 is effective for the distribution required to be
made on July 15, 1984, and for distributions thereafter.
ARTICLE 2
SUMMER PROGRAMS
Section 1. Minnesota Statutes 1982, section 124.20, is
amended to read:
124.20 [AID FOR SUMMER SCHOOL PROGRAMS AND FLEXIBLE SCHOOL
YEAR CLASSES.]
Subdivision 1. [PROGRAMS.] Foundation aid for (1) summer
school classes programs which are not a part of the regular
school term in hospitals, sanatoriums, and home instruction
programs, (2) inter-session classes of flexible school year
programs, and (3) summer school classes programs in elementary
and secondary schools, and (4) summer school instruction in
teachers college laboratory schools or in the university
laboratory school, shall be paid under the provisions of this
section.
Subd. 2. [DEFINITIONS.] For the purposes of computing
foundation aid for summer school programs and inter-session
classes of flexible school year programs, the following phrases
shall have the meanings given them.
(1) "Summer school program pupil units" means full-time
equivalent pupil units for summer school classes programs and
inter-session classes of flexible school year programs computed
under the provisions of section 124.17.
(2) "Summer school program instructional revenue allowance"
means an amount equal to the product of the number of summer
school program pupil units in a district, times the foundation
aid formula allowance as defined in section 124.2122 for the
preceding regular school year.
(3) For summer programs in 1982, "summer school revenue
allowance" means an amount equal to the product of the number of
summer school pupil units in a district, times 89 percent of the
foundation aid formula allowance as defined in section 124.2122
for the preceding regular school year. "Summer educational
improvement revenue allowance" means an amount equal to the
product of 0.005, times the number of actual pupil units in the
district in the preceding regular school year, times the
foundation aid formula allowance as defined in section 124.2122
for the preceding regular school year.
(4) "Total summer program revenue allowance" means an
amount equal to the sum of a district's summer program
instructional revenue allowance and summer educational
improvement revenue allowance.
(5) "Summer school program aid" means aid for summer school
programs and inter-session classes of flexible school year
programs.
Subd. 4. [SUMMER PROGRAM AID.] In fiscal year 1986 and
each year thereafter, a district shall receive summer program
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 275.125, subdivision 2k,
certified in the calendar year before the summer program is
offered; times
(b) the district's total summer program revenue allowance;
and
(2) the levy certified by the district pursuant to section
275.125, subdivision 2k, in the calendar year before the summer
program is offered.
Subd. 5. [AID ADJUSTMENT.] The department of education
shall adjust the summer program 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 summer program
levy limitations for districts where actual pupil membership
differs from estimated pupil membership.
Subd. 6. [AUTHORIZED USE OF SUMMER PROGRAM AID AND LEVY.]
(a) Beginning with the 1985 summer program, a school board may
use the proceeds of the aid and levy received pursuant to this
section and section 275.125, subdivision 2k, only for summer
programs that are offered for credit or required for graduation
or that provide academic enrichment or remediation. The
proceeds may not be used for recreational sports, leisure
activities, entertainment, recreational activities, crafts,
hobbies, or any other classes of a similar nature. Summer
programs for a handicapped pupil shall relate to the pupil's
individual education plan.
(b) The proceeds may also be used for expenditures during
the summer for curriculum development, staff development, parent
or community involvement, experimental educational delivery
systems, and other measures designed to improve education in the
district.
Sec. 2. Minnesota Statutes 1982, section 124.201,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAMS.] For fiscal years 1984 and 1985,
foundation aid for handicapped pupils enrolled in (1) summer
school classes which are not a part of the regular school term
in hospitals, sanatoriums, and home instruction programs, (2)
inter-session classes of flexible school year programs, and (3)
summer school classes in elementary and secondary schools, and
(4) summer school instruction in teachers college laboratory
schools or in the university laboratory school, shall be paid
under the provisions of this section.
Sec. 3. Minnesota Statutes 1983 Supplement, 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 intersession 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 intersession 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 state board rules shall be included
in the computation of summer school pupil units for the purposes
of computing summer school foundation aid for payment in fiscal
years 1984 and 1985.
(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
intersession classes of flexible school year programs.
Sec. 4. Minnesota Statutes 1983 Supplement, section
124.201, subdivision 4, is amended 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 275.125, subdivision 2j,
clause (a), 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
275.125, subdivision 2k 2j, clause (a), in calendar year 1983.
Sec. 5. Minnesota Statutes 1983 Supplement, section
124.201, subdivision 5, is amended 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 275.125, subdivision 2k 2j,
clause (b), certified in the calendar year before the summer
school program is offered 1983; times
(b) the district's summer school revenue allowance; and
(2) the levy certified by the district pursuant to section
275.125, subdivision 2k 2j, clause (b) in the calendar year
before the summer school program is offered 1983.
Sec. 6. Minnesota Statutes 1983 Supplement, section
275.125, subdivision 2k, is amended to read:
Subd. 2k. [HANDICAPPED SUMMER SCHOOL PROGRAM LEVY.] In
1984 and each year thereafter, a district may levy for summer
school programs for handicapped pupils programs an amount equal
to the following product:
(a) The district's estimated total summer school program
revenue allowance as defined in section 124.201 124.20,
subdivision 2, clause (2) for the summer school program 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 regular school
year, to
(ii) the equalizing factor for the current regular school
year.
Sec. 7. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 2l. [EXCESS LEVY; 1985 SUMMER PROGRAMS.] In addition
to the levy authorized in subdivision 2k, a district for which
the summer program instructional revenue allowance for the 1985
summer program is less than an amount equal to $20 times the
number of actual pupil units in the district in the regular
1984-1985 school year prior to the summer program may levy an
amount computed as follows:
(a) $20 times the number of actual pupil units in the
district in the regular 1984-1985 school year, minus
(b) the amount of the summer program instructional revenue
allowance for the 1985 summer program.
This levy shall be used for the same purposes for which the
summer program instructional revenue allowance may be used.
Sec. 8. [REPEALER.]
Subdivision 1. Minnesota Statutes 1982, section 275.125,
subdivisions 2g and 2h, and Minnesota Statutes 1983 Supplement,
section 275.125, subdivision 2i, are repealed.
Subd. 2. Minnesota Statutes 1982, section 124.201, as
amended by Laws 1983, chapter 314, article 3, sections 3, 4, 5,
6, and 7; and by sections 2, 3, 4, and 5 of this article; and
Minnesota Statutes 1983 Supplement, section 275.125, subdivision
2j, are repealed.
Sec. 9. [EFFECTIVE DATE.]
Section 1 is effective September 1, 1984, for summer
programs to be held in 1985 and thereafter. Section 8,
subdivision 2, is effective May 1, 1985.
ARTICLE 3
SPECIAL EDUCATION
Section 1. Minnesota Statutes 1983 Supplement, section
120.17, subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall
utilize at least the following procedures for decisions
involving identification, assessment and educational placement
of handicapped children:
(a) Parents and guardians shall receive prior written
notice of:
(1) any proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from
or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial or removal of
special education services for their child;
(b) The district shall not proceed with the initial formal
assessment of a child, the initial placement of a child in a
special education program or the initial provision of special
education services for a child without the prior written consent
of the child's parent or guardian. The refusal of a parent or
guardian to consent may be overridden by the decision in a
hearing held pursuant to clause (d) at the district's initiative
after at least one attempt to obtain this consent through a
conciliation conference held pursuant to clause (c);
(c) Parents and guardians shall have an opportunity to meet
with appropriate district staff in at least one conciliation
conference if they object to any proposal of which they are
notified pursuant to clause (a);
(d) Parents, guardians and the district shall have an
opportunity to obtain an impartial due process hearing initiated
and conducted in the school district where the child resides, if
after at least one conciliation conference the parent or
guardian continues to object to:
(1) a proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer
of their child to a special education program;
(3) the proposed denial of placement of their child in a
special education program or the transfer of their child from a
special education program;
(4) the proposed provision or addition of special education
services for their child; or
(5) the proposed denial or removal of special education
services for their child.
At least five calendar days before the hearing, the
objecting party shall provide the other party with a brief
written statement of the objection and the reasons for the
objection.
The hearing shall take place before an impartial hearing
officer mutually agreed to by the school board and the parent or
guardian. If the school board and the parent or guardian are
unable to agree on a hearing officer, the school board shall
request the commissioner to appoint a hearing officer. The
hearing officer shall not be a school board member or employee
of the school district where the child resides or of the child's
school district of residence, an employee of any other public
agency involved in the education or care of the child, or any
person with a personal or professional interest which would
conflict with his objectivity at the hearing. A person who
otherwise qualifies as a hearing officer is not an employee of
the district solely because the person is paid by the district
to serve as a hearing officer. If the hearing officer requests
an independent educational assessment of a child, the cost of
the assessment shall be at district expense. The proceedings
shall be recorded and preserved, at the expense of the school
district, pending ultimate disposition of the action.
(e) The decision of the hearing officer pursuant to clause
(d) shall be rendered not more than 45 calendar days from the
date of the receipt of the request for the hearing. A hearing
officer may grant specific extensions of time beyond the 45-day
period at the request of either party. The decision of the
hearing officer shall be binding on all parties unless appealed
to the commissioner hearing review officer by the parent,
guardian, or the school board of the district where the child
resides pursuant to clause (f).
The local decision shall:
(1) be in writing;
(2) state the controlling facts upon which the decision is
made in sufficient detail to apprise the parties and the
commissioner hearing review officer of the basis and reason for
the decision;
(3) state whether the special education program or special
education services appropriate to the child's needs can be
reasonably provided within the resources available to the
responsible district or districts;
(4) state the amount and source of any additional district
expenditure necessary to implement the decision; and
(5) be based on the standards set forth in subdivision 3a
and the rules of the state board.
(f) Any local decision issued pursuant to clauses (d) and
(e) may be appealed to the commissioner hearing review officer
within 15 calendar days of receipt of that written decision, by
the parent, guardian, or the school board of the district where
the child resides.
If the decision is appealed, a written transcript of the
hearing shall be made by the school district and shall be
accessible to the parties involved within five calendar days of
the filing of the appeal. The commissioner hearing review
officer shall issue a final decision based on an impartial
review of the local decision and the entire record within 30
calendar days after the filing of the appeal. The commissioner
hearing review officer shall seek additional evidence if
necessary and may afford the parties an opportunity for written
or oral argument; provided any hearing held to seek additional
evidence shall be an impartial due process hearing but shall be
deemed not to be a contested case hearing for purposes of
chapter 14. The commissioner hearing review officer may grant
specific extensions of time beyond the 30-day period at the
request of any party.
The final decision shall:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a
and in the rules of the state board.
(g) The decision of the commissioner hearing review officer
shall be final unless appealed by the parent or guardian or
school board to the court of appeals. The judicial review shall
be in accordance with chapter 14.
(h) The commissioner of education, having delegated general
supervision of special education to the appropriate staff, shall
be the hearing review officer except for appeals in which:
(1) the commissioner has a personal interest in or specific
involvement with the student who is a party to the hearing;
(2) the commissioner has been employed as an administrator
by the district that is a party to the hearing;
(3) the commissioner has been involved in the selection of
the administrators of the district that is a party to the
hearing;
(4) the commissioner has a personal, economic, or
professional interest in the outcome of the hearing other than
the proper administration of the federal and state laws, rules,
and policies;
(5) the appeal challenges a state or local policy which was
developed with substantial involvement of the commissioner; or
(6) the appeal challenges the actions of a department
employee or official.
For any appeal to which the above exceptions apply, the
state board of education shall name an impartial and competent
hearing review officer.
In all appeals, the parent or guardian of the handicapped
student or the district that is a party to the hearing may
challenge the impartiality or competence of the proposed hearing
review officer by applying to the state board of education.
(h) (i) Pending the completion of proceedings pursuant to
this subdivision, unless the district and the parent or guardian
of the child agree otherwise, the child shall remain in his
current educational placement and shall not be denied initial
admission to school.
(i) (j) The child's school district of residence, if
different from the district where the child actually resides,
shall receive notice of and may be a party to any hearings or
appeals pursuant to this subdivision.
Sec. 2. [REPEALER.]
Minnesota Statutes 1982, section 124.32, subdivisions 1a,
1e, and 2a; and Minnesota Statutes 1983 Supplement, section
124.32, subdivision 5a, are repealed.
ARTICLE 4
COMMUNITY EDUCATION
Section 1. [121.882] [EARLY CHILDHOOD AND FAMILY EDUCATION
PROGRAMS.]
Subdivision 1. [ESTABLISHMENT.] A district that provides a
community education program may establish an early childhood and
family education program. Two or more districts, each of which
provides a community education program, may cooperate to jointly
provide an early childhood and family education program.
Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood and
family education programs are programs for children in the
period of life from birth to kindergarten and for the parents of
such children. The programs may include the following:
(1) programs to educate parents about the physical, mental,
and emotional development of children;
(2) programs to enhance the skills of parents in providing
for their children's learning and development;
(3) learning experiences for children and parents;
(4) activities designed to detect children's physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(5) educational materials which may be borrowed for home
use;
(6) information on related community resources; or
(7) other programs or activities.
The programs shall not include activities for children that
do not require substantial involvement of the children's parents.
Subd. 3. [SEPARATE ACCOUNTS.] The district shall maintain
a separate account within the community education fund for money
for early childhood and family education programs.
Subd. 4. [PARTICIPANTS' FEES.] A district may charge a
reasonable fee but it shall waive the fee for a participant
unable to pay.
Subd. 5. [ADDITIONAL FUNDING.] A district may receive
funds from any governmental agency or private source.
Subd. 6. [COORDINATION.] A district is encouraged to
coordinate the program with its special education and vocational
education programs and with related services provided by other
governmental agencies and nonprofit agencies.
Subd. 7. [DISTRICT ADVISORY COUNCILS.] The school board
shall appoint an advisory council from the area in which the
program is provided. A majority of the council shall be parents
participating in the program. The council shall assist the
board in developing, planning, and monitoring the early
childhood and family education program. The council shall
report to the school board and the community education advisory
council.
Subd. 8. [TEACHERS.] A school board shall employ necessary
qualified teachers for its early childhood and family education
programs.
Subd. 9. [ASSISTANCE.] The department of education shall
provide assistance to districts with programs described in this
section.
Subd. 10. [RULES.] The state board of education may adopt
rules about program facilities, staff, services, and procedures.
Sec. 2. Minnesota Statutes 1983 Supplement, section
124.271, subdivision 2b, is amended to read:
Subd. 2b. [AID; 1985 AND AFTER.] (1) In fiscal year 1985
and Each fiscal year thereafter, each a district which is
operating a community education program in compliance with rules
promulgated by the state board shall receive community education
aid in. For fiscal year 1985, the aid shall be 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.
For fiscal year 1986 and each fiscal year thereafter, the
aid shall be 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) $5.25 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) (1), 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)
(1), to its maximum permissible levy under section 275.125,
subdivision 8, clause (4) (1). For purposes of computing the
aid reduction pursuant to this clause, the amount certified
pursuant to section 275.125, subdivision 8, clause (4) (1),
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. 3. [124.2711] [EARLY CHILDHOOD AND FAMILY EDUCATION
AID.]
Subdivision 1. [DEFINITION OF MAXIMUM REVENUE.] Beginning
for fiscal year 1986 and each year thereafter the "maximum
revenue" for early childhood and family education programs for a
school year means the amount of revenue equal to the product of
five percent of the foundation aid formula allowance for the
current school year, times the greater of (a) 150, or (b) the
number of people under five years of age residing in the
district on September 1 of the preceding school year.
Subd. 2. [POPULATION.] For the purposes of subdivision 1,
data reported to the department of education according to the
provisions of section 120.095 may be used to determine the
number of people under five years of age residing in the
district. The commissioner, with the assistance of the state
demographer, shall review the number reported by any district
operating an early childhood and family education program. If
requested, the district shall submit to the commissioner an
explanation of its methods and other information necessary to
document accuracy. If the commissioner determines that the
district has not provided sufficient documentation of accuracy,
the commissioner may request the state demographer to prepare an
estimate of the number of people under five years of age
residing in the district and may use this estimate for the
purposes of subdivision 1.
Subd. 3. [AID.] In fiscal year 1986 and thereafter, if a
district complies with the provisions of section 1 of this
article, it shall receive early childhood and family education
aid equal to:
(a) the difference between the maximum revenue, according
to subdivision 1, and the permitted levy attributable to the
same school year, according to section 275.125, subdivision 8b,
times
(b) the ratio of the district's actual levy to its
permitted levy attributable to the same school year, according
to section 275.125, subdivision 8b.
Subd. 4. [USE OF REVENUE RESTRICTED.] The proceeds of the
aid authorized by this section and the levy authorized by
section 275.125, subdivision 8b, shall be used only for early
childhood and family education programs.
Sec. 4. Minnesota Statutes 1983 Supplement, section
125.032, subdivision 2, is amended to read:
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 or early childhood and family education aid
pursuant to section 3 of this article 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. 5. Minnesota Statutes 1983 Supplement, section
275.125, subdivision 8, is amended to read:
Subd. 8. [COMMUNITY EDUCATION LEVY.] (1) Except as
provided in clauses (2) and (3), in 1982 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 $4.75 per capita for districts which will
qualify for aid in fiscal year 1984 equal to 25 cents per capita
pursuant to section 124.271, subdivision 2a, clause (1)(b).
(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 (1).
(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 $5.25 times the population of the district, or
(b) $7,000.
(5) (2) In addition to the levy authorized in clause (4)
(1), 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
for fiscal year 1985 from community education aid under section
124.271, subdivision 2a 2b, clause (1), and
(ii) the community education levy authorized in clause (4)
(1) 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) (3) In 1984 and each year thereafter, in addition to
the levy authorized in clause (4) (1), a district may levy an
amount equal to the amount the district was entitled to levy
pursuant to clause (5) (2) in 1983.
(7) (4) 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 and 129B.06 to
129B.09, and section 1 of this article. 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.
(8) (5) 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. 6. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 8b. [EARLY CHILDHOOD AND FAMILY EDUCATION LEVY.] A
district may levy for its early childhood and family education
program. The amount levied shall not exceed the lesser of:
(a) .4 mill times the adjusted assessed valuation of the
district for the year preceding the year the levy is certified,
or
(b) the maximum revenue as defined in section 3 of this
article, subdivision 1, for the school year for which the levy
is attributable.
Sec. 7. Laws 1983, chapter 314, article 9, section 14,
subdivision 3, is amended to read:
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; if any district's aid is
reduced because of this limitation, the amount of the reduction
shall be prorated among the districts not subject to this
limitation.
Sec. 8. [EARLY CHILDHOOD AND FAMILY EDUCATION AID FOR
FISCAL YEAR 1985.]
Each district that provided an early childhood and family
education program funded by the council on quality education
during the 1982-1983 school year is entitled to receive aid in
fiscal year 1985 to continue the program. The aid shall be in
addition to community education aid. The aid shall equal (a)
$11,000, minus (b) the amount of aid received pursuant to
Minnesota Statutes 1983 Supplement, section 124.271, subdivision
2b, clause (3). However, a district that has not established a
community education program shall receive no aid under this
section.
Sec. 9. [REPEALER.]
Minnesota Statutes 1982, sections 129B.06; 129B.07;
129B.08; and 129B.09, as amended by Laws 1983, chapters 260,
section 29, and 314, articles 6, section 33, and 9, sections 8
and 9, are repealed.
Sec. 10. [APPROPRIATION; EARLY CHILDHOOD AND FAMILY
EDUCATION.]
There is appropriated from the general fund to the
department of education for fiscal year 1985 the sum of
$116,500. Of this sum $101,500 is for aid to districts for
fiscal year 1985 according to section 8 of this article. The
aid shall be paid at 100 percent of the entitlement for fiscal
year 1985. The remaining $15,000 is for the department of
education for personnel service contracts to provide assistance
to districts.
Sec. 11. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment.
Sections 1, 3, and 9 are effective July 1, 1985.
ARTICLE 5
VOCATIONAL EDUCATION
Section 1. Minnesota Statutes 1982, section 120.05,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (1) Elementary school means any
school with building, equipment, courses of study, class
schedules, enrollment of pupils ordinarily in grades one through
six or any portion thereof and staff meeting the standards
established by the state board of education.
(a) The state board of education shall not close a school
or deny any state aids to a district for its elementary schools
because of enrollment limitations classified in accordance with
the provisions of subdivision 2, clause (1).
(2) Middle school means any school other than a secondary
school giving an approved course of study in a minimum of three
consecutive grades above fourth but below tenth with building,
equipment, courses of study, class schedules, enrollment and
staff meeting the standards established by the state board of
education.
(3) Secondary school means any school with building,
equipment, courses of study, class schedules, enrollment of
pupils ordinarily in grades seven through twelve or any portion
thereof and staff meeting the standards established by the state
board of education.
(4) A vocational center school is one serving a group of
secondary schools with approved areas of secondary vocational
training and offering vocational secondary and adult programs
necessary to meet local needs and meeting standards established
by the state board of education.
(5) An area vocational-technical vocational technical
school is a school organized according to section 121.21, and
operated according to the standards established by the state
board of vocational technical education.
Sec. 2. Minnesota Statutes 1982, section 120.06, is
amended to read:
120.06 [ADMISSION TO PUBLIC SCHOOL.]
Subdivision 1. [AGE LIMITATIONS; PUPILS.] All schools
supported in whole or in part by state funds are public schools.
Admission to a public school, except an area vocational
technical institute, is free to any person who resides within
the district which operates the school, who is under 21 years of
age, and who satisfies the minimum age requirements imposed by
this section. Notwithstanding the provisions of any law to the
contrary, the conduct of all students under 21 years of age
attending a public secondary school shall be governed by a
single set of reasonable rules and regulations promulgated by
the local board of education. No person shall be admitted to
any public school after September 1, 1971, (1) as a kindergarten
student, unless he is at least five years of age on September 1
of the calendar year in which the school year for which he seeks
admission commences; or (2) as a first grade student, unless he
is at least six years of age on September 1 of the calendar year
in which the school year for which he seeks admission commences
or has completed kindergarten; except that any school board may
establish a policy for admission of selected pupils at an
earlier age.
Sec. 3. Minnesota Statutes 1982, section 121.09, is
amended to read:
121.09 [ADMINISTRATION; EXCEPTIONS.]
The commissioner shall administer all laws and rules
promulgated by the board relating to libraries and other public
educational institutions, except such laws as may relate to the
University of Minnesota and to the, state universities and,
community colleges, and area vocational technical institutes.
Sec. 4. Minnesota Statutes 1982, section 121.21, is
amended to read:
121.21 [AREA VOCATIONAL-TECHNICAL VOCATIONAL TECHNICAL
SCHOOLS.]
Subdivision 1. The board of any independent or special
district may petition the state board of vocational technical
education to classify one or more of its schools as an area
vocational-technical vocational technical school.
Subd. 2. Upon receipt of such petition, the state board
shall examine the petition and any supporting evidence which it
may require. The state board shall conduct hearings, and may
investigate school records and such other facts relating to
vocational-technical vocational technical training as it may
deem appropriate.
Subd. 3. It is the purpose of this section to more nearly
equalize the educational opportunities in certain phases of
vocational-technical vocational technical education to persons
of the state who are of the age and maturity to profitably
pursue training for a specific occupation. If the state board
finds, as a result of its inquiry, that the establishment of an
area vocational-technical vocational technical school, according
to the petition, would further the educational interests of all
the people of the state, and is in accordance with the plans and
program of the state department for the vocational and technical
education of the people, it may approve the petition.
Subd. 4. If the petition is approved, the school shall be
established by the district and classified by the state board as
an area vocational-technical vocational technical school and
conducted under the general supervision of the state board in
accordance with the policy and rules and regulations of the
state board. Notwithstanding the provisions of subdivision 3
and of this subdivision, after June 30, 1975 no area
vocational-technical vocational technical school shall be
established unless specific legislation has authorized its
establishment.
Subd. 4a. No district shall expend funds from any source
for the acquisition or betterment of lands or buildings or for
capital improvements needed for an area vocational-technical
vocational technical school without the approval of the state
board and authorization by specific legislative act if that
acquisition, betterment or capital improvement requires the
expenditure of $250,000 or more, or adds more than 1,000 gross
square feet to a post-secondary vocational facility, or requires
the issuance of school district bonds. No acquisition or
betterment of lands or buildings or capital improvement which
requires the expenditure of $50,000 or more but less than
$250,000 or which changes the perimeter walls of an existing
facility shall be carried out without the approval of the state
board. No acquisition or betterment of lands or buildings or
capital improvement which requires the expenditure of less than
$50,000, which does not change a perimeter wall and which does
not require the issuance of school district bonds, shall be
carried out without the approval of the commissioner state
director of vocational technical education. As used in this
subdivision, the terms "acquisition" and "betterment", as
applied to lands and buildings, and "capital improvement" shall
have the meanings ascribed to them in chapter 475, but shall not
include the acquisition or betterment of machinery or equipment.
Subd. 6. The state board for vocational education shall
promulgate, pursuant to chapter 14, such rules governing the
operation and maintenance of schools so classified as will
afford the people of the state an equal opportunity to acquire
public vocational and technical education. Rules relating to
post-secondary vocational-technical education shall not
incorporate the provisions of the state plan for vocational
education by reference.
The rules shall provide for, but are not limited to, the
following:
(a) The area to be served by each school, which may include
one or more districts or parts thereof;
(b) Curriculum and standards of instruction and scholarship;
(c) Attendance requirements and Minnesota non-resident
attendance;
(d) The distribution and apportionment to the local
districts of all funds, whether state or federal or other funds,
which may be made available to the state board for vocational
education for carrying out the purposes of post-secondary
vocational-technical education in accordance with law; and
(e) General administrative matters.
Subd. 8. Any property of the state administered by the
state board for vocational education in connection with teaching
vocational education may be apportioned and distributed by the
state board for vocational education to local school districts
desiring to avail themselves of the benefits of this section.
Subd. 11. The state board for vocational education may
contract for hospital benefits and medical benefits coverage for
students in the same manner as authorized by section 43A.23 for
state employees.
Sec. 5. Minnesota Statutes 1982, section 121.212,
subdivision 1, is amended to read:
Subdivision 1. Any school board or joint school board
operating an area vocational-technical vocational technical
school, pursuant to section 121.21 136C.07; Laws 1967, Chapter
822, as amended; Laws 1969, Chapter 775, as amended; or Laws
1969, Chapter 1060, as amended, may make, adopt and enforce
rules, regulations or ordinances for the regulation of traffic
and parking in parking facilities and on private roads and
roadways situated on property owned, leased, occupied or
operated by the board.
Sec. 6. Minnesota Statutes 1982, section 121.213, is
amended to read:
121.213 [AREA VOCATIONAL-TECHNICAL VOCATIONAL TECHNICAL
INSTITUTES AND COMMUNITY COLLEGES; LEGAL COUNSELING AND SERVICE
PROGRAMS.]
Notwithstanding the provisions of sections 8.06 and 136.11
or any rules or regulations adopted pursuant thereto, an area
vocational-technical vocational technical institute or community
college student association governing student activities on
campus may expend money for the purpose of funding a program to
provide legal counseling and services for students. The money
to be expended shall be from that portion of the area
vocational-technical vocational technical institute student
senate funds or community college activity fund account
allocated to the student association and derived solely from
fees received from students.
Sec. 7. Minnesota Statutes 1982, section 121.214, is
amended to read:
121.214 [VOCATIONAL-TECHNICAL VOCATIONAL TECHNICAL BUILDING
FUND.]
Subdivision 1. [PURPOSE.] A vocational-technical
vocational technical building fund is created as a separate
bookkeeping account in the general books of the state for the
purpose of providing money appropriated to the state board of
vocational technical education for the acquisition and
betterment of public land, buildings, and capital improvements
needed for the area vocational-technical vocational technical
education program of the state.
Subd. 2. [RECEIPTS.] The commissioner of finance and
treasurer shall deposit in the fund as received all proceeds of
vocational-technical vocational technical building bonds, except
accrued interest and premiums received upon the sale thereof.
All such receipts are annually appropriated for the permanent
acquisition purposes of the fund, and shall be and remain
available for expenditure in accordance with this section until
the purposes of the appropriations have been accomplished or
abandoned.
Subd. 3. [DISBURSEMENTS.] Disbursements from the fund
shall be made by the state treasurer upon the order of the
commissioner of finance at the times and in the amounts
requested by the state board of vocational technical education
in accordance with the applicable appropriation acts, for grants
to school districts for the acquisition and betterment of land,
buildings, and capital improvements for area
vocational-technical vocational technical institutes. These
grants shall only be made upon the conditions and in accordance
with all standards and criteria established in by the state
board rules and in the legislative act authorizing the specific
post-secondary vocational facilities project.
Subd. 4. The purpose of this section is to change the
method of funding post-secondary vocational facilities from
post-secondary vocational debt service aid pursuant to section
124.564 to direct state appropriations from the
vocational-technical building fund. Eighty-five percent of the
cost of post-secondary vocational facilities authorized by
specific legislative act after January 1, 1979 shall be financed
through appropriations from the vocational-technical vocational
technical building fund and 15 percent of the cost of these
facilities shall be financed by the school district operating
the post-secondary vocational-technical vocational technical
school. No local bonds shall be authorized, issued, or sold,
nor shall any election be held to authorize the issuance of
bonds, if the proceeds will be used to finance a project for
which specific legislative approval is required, until after
that specific legislative approval has been given.
Sec. 8. Minnesota Statutes 1982, section 121.215, is
amended to read:
121.215 [VOCATIONAL-TECHNICAL VOCATIONAL TECHNICAL BUILDING
BONDS.]
Subdivision 1. [PURPOSE; APPROPRIATION.] For the purpose
of providing money appropriated from the vocational-technical
vocational technical building fund for the acquisition of public
land, buildings, and capital improvements needed for the state
plan for the administration of vocational education in
accordance with the provisions of section 121.214 136C.42, when
requested by the state board of education, the commissioner of
finance shall sell and issue bonds of the state of Minnesota for
the prompt and full payment of which, with interest thereon, the
full faith and credit and taxing powers of the state are
irrevocably pledged. Bonds shall be issued pursuant to this
section only as authorized by a law specifying the purpose
thereof and the maximum amount of the proceeds authorized to be
expended therefor, as set forth in section 121.214 136C.42. Any
such law, together with this section and the laws herein
referred to, constitutes complete authority for the issue, and
such bonds shall not be subject to restrictions or limitations
contained in any other law.
Subd. 2. [ISSUANCE.] The bonds shall be sold upon sealed
bids and upon notice, at a price, in form and denominations,
bearing interest at a rate or rates, maturing in amounts and on
dates, subject to prepayment upon notice and at times and
prices, payable at a bank or banks within or outside the state,
with or without provisions for registration, conversion,
exchange, and issuance of notes in anticipation of the sale or
delivery of definitive bonds, and in accordance with further
regulations, as the commissioner of finance shall determine
subject to the approval of the attorney general, but not subject
to the provisions of sections 14.02, 14.04 to 14.36, 14.38,
14.44 to 14.45, and 14.57 to 14.62. The bonds shall be executed
by the commissioner of finance and attested by the state
treasurer under their official seals. The signatures on the
bonds and on any interest coupons and the seals may be printed
or otherwise reproduced, except that each bond shall be
authenticated by the manual signature on its face of one of the
officers or of a person authorized to sign on behalf of a bank
designated by them as authenticating agent. The commissioner of
finance shall ascertain and certify to the purchasers of the
bonds the performance and existence of all acts, conditions, and
things necessary to make them valid and binding general
obligations of the state of Minnesota, subject to the approval
of the attorney general.
Subd. 3. [EXPENSES.] All expenses incidental to the sale,
printing, execution, and delivery of bonds pursuant to this
section, including but not limited to actual and necessary
travel and subsistence expenses of state officers and employees
for such purposes, shall be paid from the vocational-technical
vocational technical building fund and the amounts necessary
therefor are appropriated from that fund; provided that if any
amount is specifically appropriated for this purpose in an act
authorizing the issuance of bonds pursuant to this section, such
expenses shall be limited to the amount so appropriated.
Subd. 4. [VOCATIONAL-TECHNICAL VOCATIONAL TECHNICAL
BUILDING BOND ACCOUNT IN THE STATE BOND FUND.] The commissioner
of finance shall maintain in the state bond fund a separate
bookkeeping account designated as the vocational-technical
vocational technical building bond account, to record receipts
and disbursements of money transferred to the fund to pay
vocational-technical vocational technical building bonds and
interest thereon, and of income from the investment of such
money, which income shall be credited to the account in each
fiscal year in an amount equal to the approximate average rate
of return that year on all funds invested by the state
treasurer, as determined by the treasurer, times the average
balance in the account that year.
Subd. 5. [APPROPRIATIONS TO BOND ACCOUNT.] There shall be
credited to the vocational-technical vocational technical
building bond account the premium and accrued interest received
on each issue of vocational-technical vocational technical
building bonds and, from the general fund in the state treasury,
on November 1 in each year, a sum of money equal to the amount
of the tax which the Constitution would otherwise require to be
levied for collection in the following year, for the purpose of
increasing the balance then on hand in the account to an amount
sufficient to pay principal and interest due and to become due
with respect to vocational-technical vocational technical
building bonds. All money so credited and all income from the
investment thereof is annually appropriated to the bond account
for the payment of such bonds and interest thereon, and shall be
available in the bond account prior to the levy of the tax for
the state bond fund in any year as required by the
Constitution. The commissioner of finance and the state
treasurer are directed to make the appropriate entries in the
accounts of the respective funds.
Subd. 6. [TAX LEVY.] On or before December 1 in each year,
if the full amount appropriated to the bond account in
subdivision 5 has not been credited thereto, the tax required by
the Constitution shall be levied upon all taxable property
within the state. This tax shall be levied upon all real
property used for the purposes of a homestead, as well as other
taxable property, notwithstanding the provisions of section
273.13, subdivisions 6 and 7, and shall be subject to no
limitation of rate or amount until all vocational-technical
vocational technical building bonds and interest thereon are
fully paid. The proceeds of this tax are appropriated and shall
be credited to the state bond fund, and the principal of and
interest on the bonds are payable from such proceeds, and the
whole thereof, or so much as may be necessary, is appropriated
for such payments. If at any time there is not sufficient money
from the proceeds of such taxes to pay the principal and
interest when due on vocational-technical vocational technical
building bonds, such principal and interest shall be paid out of
the general fund in the state treasury, and the amount necessary
therefor is hereby appropriated.
Sec. 9. Minnesota Statutes 1982, section 121.2155, is
amended to read:
121.2155 [VOCATIONAL-TECHNICAL VOCATIONAL TECHNICAL
BUILDING APPROPRIATIONS.]
Money appropriated from the state building fund to the
state board of vocational technical education for post-secondary
vocational-technical vocational technical construction in school
districts shall be used for grants to school districts for the
acquisition and betterment of land, buildings, and capital
improvements for area vocational-technical vocational technical
institutes. These grants shall only be made upon the conditions
and in accordance with all standards and criteria established in
state board rules and in the legislative act authorizing the
specific post-secondary vocational facilities project. A grant
shall cover 85 percent of the cost of the post-secondary
vocational facilities authorized by the specific legislative
act, and 15 percent of the cost of these facilities shall be
financed by the school district operating the post-secondary
vocational-technical vocational technical school, unless
otherwise provided by the specific legislative act. No local
bonds shall be authorized, issued, or sold, nor shall any
election be held to authorize the issuance of bonds, if the
proceeds will be used to finance a project for which specific
legislative approval is required, until after that specific
legislative approval has been given.
Sec. 10. Minnesota Statutes 1982, section 121.216, is
amended to read:
121.216 [VOCATIONAL-TECHNICAL INSTITUTES; STUDENT
ASSOCIATIONS.]
Every school board governing an area vocational technical
vocational technical institute shall give recognition as an
authorized extracurricular activity to an area
vocational-technical vocational technical institute student
association affiliated with the Minnesota vocational-technical
vocational technical student association. The student
association is authorized to collect a reasonable fee from
students to finance the activities of the association in an
amount determined by the governing board of the area
vocational-technical vocational technical institute which has
recognized it.
Every governing body which recognizes a student association
shall deposit the fees in a student association fund. The
moneys in this fund shall be available for expenditure for
student recreational, social, welfare, and educational pursuits
supplemental to the regular curricular offerings.
Sec. 11. Minnesota Statutes 1982, section 121.218, is
amended to read:
121.218 [VOCATIONAL-TECHNICAL INSTITUTES; AWARDING
DEGREES.]
Subdivision 1. [BOARD APPROVAL.] The state board for
vocational education may approve, disapprove, or modify a plan
for awarding associate degrees at an area vocational-technical
vocational technical institute. The state board shall approve a
plan only when an associate degree is required by a licensing
authority and is offered in cooperation with a collegiate
institution. The state board may approve an area
vocational-technical vocational technical institute plan for
awarding an associate degree which is not offered in cooperation
with a collegiate institution only if cooperation is not
practicable. All associate degree plans approved by the state
board for vocational education shall be presented to the higher
education coordinating board for review and recommendation
pursuant to section 136A.04, subdivision 1, clause (d) and in
accordance with the provisions of this section.
Subd. 2. [EXCEPTION.] Associate degrees offered by the
area vocational-technical vocational technical institutes prior
to January 1, 1981, shall not be subject to the provisions of
subdivision 1.
Subd. 3. [REPORT.] By January 15, 1982, the higher
education coordinating board, in cooperation with the state
board for vocational education, shall submit a report to the
education committees of the legislature regarding the awarding
of associate degrees by area vocational-technical institutes.
The report shall include identification and evaluation of the
factors which affect the feasibility of cooperation with
collegiate institutions. By January 1, 1983, the higher
education coordinating board shall promulgate rules establishing
criteria for determining when cooperation with a collegiate
institution is not practicable.
Sec. 12. Minnesota Statutes 1983 Supplement, section
124.5611, is amended to read:
124.5611 [AVTI FUNDING.]
Beginning with aids For the 1983-1984 and 1984-1985 school
year years, post-secondary vocational aids for AVTI's shall be
paid for the current fiscal year according to sections 124.5612
136C.26 to 124.5619 136C.37, 124.5628 and 124.564 136C.41.
Sec. 13. Minnesota Statutes 1983 Supplement, section
124.5612, is amended to read:
124.5612 [AVTI AID DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] Beginning with aids For
the 1983-1984 and 1984-1985 school year years, for the purposes
of sections 124.5612 136C.26 to 124.5619 136C.37, 124.5628,
124.564, and 124.565 136C.41, the following terms have the
meanings given them.
Subd. 2. [ADM.] "ADM" means average daily membership
computed according to section 124.5618 136C.33.
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 of vocational
technical 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 of
vocational technical 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. 14. Minnesota Statutes 1983 Supplement, section
124.5614, is amended to read:
124.5614 [PROCESS FOR AID ALLOCATION.]
Subdivision 1. [BUDGET SUBMISSION.] Before January 1, of
each year 1984, 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 state director of vocational technical
education shall recommend aid allocations for the following
fiscal year in each expenditure category for each program and
component activity.
The department state director 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 state director in
recommending instructional aid allocations for the purposes
listed in section 124.5615 136C.29, subdivision 3, clauses (a),
(b), (c), and (d). 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 state director 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 state director 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 state director 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 state director 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
state director 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. 15. Minnesota Statutes 1983 Supplement, section
124.5615, is amended to read:
124.5615 [USE OF AID.]
Subdivision 1. [AID AND TUITION.] All AVTI aids and all
tuition authorized by section 124.565 136C.13 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 136C.04, subdivision 6, 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 136C.07, 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 124.5612
136C.26, subdivision 8. 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 state director. The process in
section 124.5614 136C.28 shall not constitute approval for this
purpose. Use of the aid shall be governed by the provisions of
section 121.21 136C.07, subdivision 4a.
Sec. 16. Minnesota Statutes 1983 Supplement, section
124.5616, is amended to read:
124.5616 [DISTRIBUTION OF MONEY.]
All money, whether state, federal, or from other sources,
which may be made available to the department of education state
board 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. 17. Minnesota Statutes 1983 Supplement, section
124.5617, is amended to read:
124.5617 [CERTAIN EQUIPMENT EXPENDITURES.]
Expenditures for the purposes in section 124.5615 136C.29,
subdivision 3, clauses (a), (b), (c), and (d) which exceed
$6,000 shall receive prior approval by the commissioner of
education state director. The process in section 124.5614
136C.28 shall not constitute approval for this purpose.
Sec. 18. Minnesota Statutes 1983 Supplement, section
124.5618, is amended to read:
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 state director.
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 124.5619 136C.34 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. 19. Minnesota Statutes 1982, section 124.564, is
amended to read:
124.564 [POST-SECONDARY VOCATIONAL DEBT SERVICE AID.]
Subdivision 1. The state board for vocational education
shall provide, for credit against the debt service levy of
qualifying districts, post-secondary vocational debt service aid
equal to the state portion of debt service costs. The state
portion of debt service costs shall equal the amount necessary
to make payments due in each school year ending June 30 with
respect to qualifying bonds issued to finance post-secondary
vocational facilities and interest thereon, multiplied by the
average of the district's nonresident reimbursement percentage
pursuant to Minnesota Statutes 1974, Section 121.21, Subdivision
5, in fiscal years ended June 30, 1973, 1974, and 1975. For
purposes of the computation of debt service aid, qualifying
bonds shall include only:
(a) bonds issued prior to January 1, 1978;
(b) bonds issued after January 1, 1978, to finance
post-secondary vocational facilities projects which receive
funds appropriated in Laws 1978, Chapter 792, Section 8; and
(c) bonds issued at any time to refund the bonds described
in (a) and (b). No district shall qualify for this
post-secondary vocational debt service aid unless it has
certified a levy in the total amount required by section 475.61,
for collection in the calendar year in which the aid credit is
to be given.
Subd. 2. There shall be no post-secondary vocational debt
service aid for the state portion of debt service costs for
bonds issued on or after January 1, 1978 to finance
post-secondary vocational facilities and interest thereon,
unless these bonds are issued to finance post-secondary
vocational facilities projects which receive funds appropriated
in Laws 1978, Chapter 792, Section 8.
Subd. 3. Post-secondary vocational debt service aid shall
be computed each year before October 1 by the state board for
vocational education as the percentage specified in subdivision
1 of the sum of the principal and interest on qualifying bonds
which will become due in the school year commencing on the
following July 1.
Subd. 4. The amount for each school district shall be
certified by the board on or before October 1 to the school
district, and to the county auditors of all counties containing
taxable property within the school district, and to the state
commissioner of finance. This amount shall be deducted by the
county auditors from the amount of the debt service levies of
the school district to be assessed and extended against the
taxable property therein for collection in the following year,
and shall be payable instead from the appropriation made by this
section.
Subd. 5. The commissioner of finance shall issue to the
state treasurer warrants for payment of one-half of the amount
to the treasurer of the school district on or before July 15 and
one-half thereof on or before November 15 in the following year,
in lieu of the distributions of this amount otherwise payable by
county treasurers at these times under the provisions of section
276.11.
Subd. 6. The amount necessary is annually appropriated
from the general fund to the respective districts entitled to
these payments for expenditure in fiscal years beginning with
fiscal year 1978. This appropriation shall not lapse until and
unless otherwise provided by law, but shall be reduced by the
amount of any funds specifically appropriated for the same
purpose in any year from any state fund. In the event that the
appropriation is revoked in any future year, the state board for
vocational education shall certify this fact to each school
district theretofore entitled to an aid credit under this
subdivision.
Subd. 7. The appropriation heretofore made for
post-secondary vocational debt service aid payable in the school
year ending June 30, 1977, is confirmed, and the board shall
continue to provide for the payment of debt service aids
therefrom at or before the due dates of school district bonds
and interest in that school year. In addition, the state board
for vocational education shall pay to districts which expended
cash balances to finance the construction of new post-secondary
vocational facilities and which the state board prior to May 15,
1975 agreed to repay for these expenditures the amount of the
repayment specified in the agreement. Funds received in
repayment shall revert to the fund of origin in the district.
Sec. 20. Minnesota Statutes 1982, section 124.565,
subdivision 1, is amended to read:
124.565 [POST-SECONDARY VOCATIONAL EDUCATION TUITION.]
Subdivision 1. Any Minnesota resident may attend a
post-secondary vocational-technical vocational technical school,
provided that if the individual meets the entrance requirements
for the training course in which enrollment is sought and the
school has the room and the facility to receive him available
space.
Sec. 21. Minnesota Statutes 1982, section 124.565,
subdivision 6, is amended to read:
Subd 6. [LENGTH OF QUARTER.] For purposes of tuition
charges, a quarter shall consist of 60 school days. The state
board for vocational education shall adopt rules providing for
establish proportionate tuition charges for quarters which are
shorter or longer than 60 days, for part time and extended day
enrollment, and for programs which begin or end during a
quarter. The state board shall adopt rules providing for
establish tuition charges based on approved program lengths for
programs offered on an individualized basis.
Sec. 22. Minnesota Statutes 1982, section 124.565,
subdivision 7, is amended to read:
Subd. 7. [VETERAN'S EXEMPTION.] A veteran who is a
Minnesota resident shall be whose entire education has not
included completion of at least one tuition free post-secondary
vocational technical school program is exempt from the tuition
required by subdivision 3 until the veteran has completed the
lesser of (a) 440 post-secondary vocational-technical vocational
technical school days, or the equivalent as determined by the
state board for vocational education, or (b) one post-secondary
vocational-technical vocational technical school program.
"Veteran" for the purpose of this subdivision means a
person who served in the active military service in any branch
of the armed forces of the United States after July 1, 1961 and
before July 1, 1978, was a Minnesota resident at the time of
induction into the armed forces and for the six months
immediately preceding induction, and has been separated or
discharged from active military service under conditions other
than dishonorable.
Sec. 23. Minnesota Statutes 1982, section 124.572, as
amended by Laws 1983, chapter 314, article 5, section 12, is
amended to read:
124.572 [CURRENT FUNDING FOR ADULT VOCATIONAL EDUCATION.]
Subdivision 1. The state shall pay adult vocational aids
for each year on a current funding basis.
Subd. 1a. [LIMITED APPLICABILITY.] The provisions of this
section shall apply only for the 1983-1984 and 1984-1985 school
years.
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 state director 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.
Subd. 2a. [1982-1983 ADULT VOCATIONAL AID.] The aid for
the 1982-1983 school year shall be paid according to subdivision
2, except that the state shall pay 69 percent of salaries and
46.25 percent of necessary travel.
Subd. 3. This aid shall be paid only for services rendered
or for travel costs incurred in adult vocational education
programs approved for funding by the commissioner of education
state director. Rules Policy shall be adopted established by
the state board providing criteria to be applied by the
commissioner state director in approving programs for funding
pursuant to this section including: economic impact of the
program, legislative mandate for the program, employment
opportunities in the occupational area, and proven contribution
of the program. All programs shall be operated in accordance
with policies and rules promulgated by the state board. These
rules shall provide minimum student-staff ratios required for an
adult vocational education program to qualify for this aid.
Rules relating to adult vocational education programs shall not
incorporate the provisions of the state plan for vocational
education by reference.
Subd. 3a. In any fiscal year when moneys requested for
programs approved for funding are more than the amount
appropriated, the commissioner of education state director
shall, to the extent possible, continue full funding for
programs which are approved by July 1 for aid for even numbered
years or by the preceding March 1 for aid for odd numbered
years. The commissioner state director shall prorate any
remaining moneys among programs which are approved for funding
after these dates.
Subd. 4. Boards may charge tuition for participation in
adult vocational education programs. Nothing in this section
shall prohibit the charging of differential tuition rates for
residents or nonresidents of a district. If adult vocational
education is provided by another district or a cooperative
center by contract pursuant to subdivision 5, the contract shall
provide for this issue.
Subd. 5. Any board may contract with the board of a
district containing a post-secondary vocational-technical school
or the board of a cooperative center for the provision of adult
vocational education services. The board providing these
services may also act as fiscal agent for the other contracting
district if so agreed. Information copies of all contracts
shall be provided to the state department director.
Subd. 6. All adult vocational education aid shall be paid
to the district or cooperative center providing the services.
The district providing the services may bill the contracting
district for any unpaid costs incurred in providing these
services if so agreed in the contract.
Subd. 7. Each district providing adult vocational
education shall establish and maintain separate, accurate and
detailed revenue and expenditure accounts related to these adult
vocational education programs. All adult vocational education
aid received by the district from any source shall be utilized
solely for the purposes of adult vocational education programs.
Subd. 8. [PAYMENT SCHEDULE THROUGH 1982.] Through the
1981-1982 school year, the state shall pay to each school
district 30 percent of its estimated adult vocational education
aid for the school year on or before the following dates:
August 31, December 31 and March 31. The final aid distribution
to the district shall be made on or before October 31 of the
following school year. All adult vocational education aids
shall be computed and distributed by the state aids, statistics,
and research section of the state department of education.
Subd. 8a. [PAYMENT SCHEDULE.] Beginning in the 1982-1983
school year, The state shall pay to each school district its
estimated adult vocational education aid in the following
manner: 30 percent by August 31, 30 percent by December 31, and
25 percent by March 31. The final aid distribution shall be
made by October 31 of the following school year. All adult
vocational education aids shall be computed and distributed by
the state aids section of the department of education.
Subd. 9. Effective July 1, 1978, any individual enrolled
in an adult farm management program for longer than six years
shall be charged a tuition rate equal to the full cost of the
program attributable to that individual.
Subd. 10. State money shall not be used to pay for more
than 75 percent of the independent telephone communications
training program and the Minnesota electric cooperative
linepersons training program. The appropriate industry or
association shall pay at least 25 percent of the cost of each
program.
Sec. 24. Minnesota Statutes 1982, section 124.573,
subdivision 3, is amended to read:
Subd. 3. This aid shall be paid only for services rendered
or for the costs designated in subdivision 2 which are incurred
in secondary vocational education programs approved by the state
department of education and operated in accordance with rules
promulgated by the state board of education. These rules shall
provide minimum student-staff ratios required for a secondary
vocational education program in a cooperative center to qualify
for this aid, but. The rules shall not require any minimum
number of program offerings or administrative staff, any minimum
period of coordination time or extended employment for secondary
vocational education personnel, or the availability of
vocational student activities or organizations for a secondary
vocational education program to qualify for this aid. The
requirement in these rules that program components be available
for a minimum number of hours shall not be construed to prevent
pupils from enrolling in secondary vocational education courses
on an exploratory basis for less than a full school year. No
rules promulgated by the state board pursuant to any statute
shall require a district to offer secondary vocational
education. The state board of education shall not require a
school district to offer more than four credits or 560 hours of
vocational education course offerings in any school year. Rules
relating to secondary vocational education programs shall not
incorporate the provisions of the state plan for vocational
education by reference. This aid shall be paid only for
services rendered and for travel costs incurred by essential,
licensed personnel who meet the work experience requirements for
licensure pursuant to the rules of the state board for
vocational of education.
Sec. 25. Minnesota Statutes 1982, section 136A.02,
subdivision 6, is amended to read:
Subd. 6. There is hereby created a higher education
advisory council, the membership of which shall include the
president of the University of Minnesota, the chancellor of the
state university board, the chancellor of the state board for
community colleges, the state director of vocational technical
education, the commissioner of education, the executive director
of the Minnesota private college council, and a representative
from the Minnesota association of private post-secondary
schools. The advisory council shall (1) bring to the attention
of the board any matters which the council deems as needing
attention of the board, (2) make recommendations to the board as
the council deems appropriate, (3) review and comment upon
proposals and other matters before the board, and (4) provide
any reasonable assistance to the board in its effort to fulfill
responsibilities of the board. The board shall periodically
inform the council of all matters under consideration by the
board and shall refer all proposals to the council prior to
transmitting such proposals as recommendations to the governor
and the legislature. The board shall provide time for a report
from the advisory council at each meeting of the board.
The higher education advisory council shall report to the
board quarterly and at such other times as the council may deem
desirable. The council shall determine its meeting times, but
the council shall also meet within 30 days following a request
for a council meeting by the executive director of the board.
Sec. 26. Minnesota Statutes 1983 Supplement, section
136C.01, is amended to read:
136C.01 [ESTABLISHMENT.]
A state board of vocational technical education is
established to govern post-secondary and adult vocational
education. It shall also govern adult vocational education
administered by an area vocational technical institute.
Sec. 27. Minnesota Statutes 1983 Supplement, section
136C.02, subdivision 3 is amended to read:
Subd. 3. [POST-SECONDARY VOCATIONAL EDUCATION.]
"Post-secondary vocational education" means post-secondary and
adult vocational education administered by an AVTI.
Sec. 28. Minnesota Statutes 1983 Supplement, section
136C.04, is amended by adding a subdivision to read:
Subd. 4a. [CARRY OVER AUTHORITY.] The state board may
carry over any unexpended balance from its appropriation from
the first year of a biennium into the second year of the
biennium. The state board may carry over an unexpended balance
up to a maximum of two percent of its biennial appropriation
into the following biennium. These moneys shall not be taken
into account in determining state appropriations.
Sec. 29. Minnesota Statutes 1983 Supplement, section
136C.04, subdivision 7, is amended to read:
Subd. 7. [ATTENDANCE AND COMPLETION.] The state board
shall prescribe conditions of admission, tuition, fees, and
other related matters. The state board shall prescribe
requirements for completion of programs and approve the awarding
of appropriate certificates or associate degrees consistent with
the provisions of section 121.218 136C.042. Chapter 14 shall
not apply to the matters in this subdivision.
Sec. 30. Minnesota Statutes 1983 Supplement, section
136C.04, subdivision 10, is amended to read:
Subd. 10. [ALLOCATION.] The state board shall allocate
state and federal money for post-secondary vocational education.
Money received from federal sources, other than as provided in
this chapter 124, and money received from other sources, not
including the state, shall not be taken into account in
determining appropriations or allocations.
Sec. 31. [136C.041] [WITHHOLDING OF ALLOCATIONS.]
Subdivision 1. The state board may withhold allocations
for post-secondary vocational education if the board finds a
district to be in violation of any statute, rule, or state board
policy.
Subd. 2. The state board shall notify the district of its
finding. The notice shall specify the violation, describe the
correction required, and set a reasonable time within which the
district shall correct the violation. The state board also
shall provide the district an opportunity for a hearing to
respond and to dispute the finding. No allocations shall be
withheld pending the final decision of the state board. If a
violation is corrected in the allotted time or if the state
board determines that a violation does not exist, no allocations
shall be withheld.
Subd. 3. The decision of the state board under this
section may be reviewed on certiorari by the district court of
the county in which the district, or any part of it, is located.
Sec. 32. [136C.06] [SOLE STATE AGENCY.]
The state board of vocational technical education is the
sole state agency to receive and disburse federal funds
authorized by the Vocational Education Act of 1963, as amended
in the education amendments of 1976, Public Law Number 94-482,
and Code of Federal Regulations, title 34, part 400. The state
board shall develop and submit the state plan for vocational
technical education. The state board shall develop the state
plan according to terms of agreement with the state board of
education.
Sec. 33. [EFFECT OF TRANSFER.]
Subdivision 1. [BOARD TRANSFER.] The powers, duties, and
functions of the state board of education for adult vocational
education not administered by an AVTI are transferred to the
board of vocational technical education on July 1, 1984. Rules
of the state board of education relating to adult vocational
education shall have no force and effect on July 1, 1984, and
thereafter.
Subd. 2. [TRANSFER NOT TO AFFECT LEGAL ACTION.] The
transfer of powers, duties, and functions shall not affect any
action or proceeding, whether administrative, civil, or
criminal, pending at the time of the transfer. The action shall
be continued in the name of the state board of vocational
technical education which, upon application to the appropriate
court, shall be substituted as a party to the action or
proceeding.
Subd. 3. [TRANSFER OF PROPERTY.] All books, maps, plans,
papers, records, contracts, documents, and property of every
description in the possession or control of the state board of
education, relating to adult vocational education, shall be
transferred to the state board of vocational technical
education. The transfer shall be made in accordance with the
directions of the state board of vocational technical education.
Subd. 4. [TRANSFER OF FUNDS.] The unencumbered and
unexpended balance of all funds appropriated to the state board
of education for adult vocational education shall be transferred
to the state board of vocational technical education. All
federal money for adult vocational education shall be
transferred to the state board of vocational technical
education. Notwithstanding any law to the contrary, for the
1984-1985 school year, the state board of vocational technical
education shall expend for adult vocational education not
administered by an AVTI only the funds available from the state
board of education. Funds available to the state board of
vocational technical education for post-secondary and adult
vocational education administered by an AVTI shall not be used
for adult vocational education not administered by an AVTI.
Subd. 5. [CONSTRUCTION OF STATUTES, CONTRACTS, AND
DOCUMENTS.] Whenever the state board of education or its officer
is referred to or designated in a statute, contract, or
document, in the context of adult vocational education, the
reference or designation shall be construed to mean the state
board of vocational technical education or its officer.
Sec. 34. [MERGED POST-SECONDARY AND ADULT BUDGETS.]
The state director of vocational technical education may
prepare a merged budget for post-secondary and adult vocational
education for the 1985-1986 school year and shall maintain
records of revenues and expenditures and student enrollment in
the current categories of post-secondary and adult vocational
education for each institution. The state board shall prepare a
comparison of the financial implications of funding adult
vocational programs through the current statutory adult
vocational formula and the average cost funding formula.
Sec. 35. [STUDENT PROGRAM COMPLETION.]
If an AVTI program is eliminated by state board action, the
state board may provide for student subsistence to complete the
same program in another AVTI during the 1984-1985 school year.
The state board may provide the subsistence only if the cost of
providing the program in the alternative AVTI is less than the
cost of maintaining the program in the original AVTI.
Sec. 36. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes specified in Column A with the number set
forth in Column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
Column A Column B
121.21 136C.07
121.212 136C.08
121.213 136C.17
121.214 136C.42
121.215 136C.43
121.2155 136C.44
121.216 136C.15
121.218 136C.042
124.52 136C.21
124.54 136C.211
124.55 136C.212
124.56 136C.213
124.5611 136C.25
124.5612 136C.26
124.5613 136C.27
124.5614 136C.28
124.5615 136C.29
124.5616 136C.31
124.5617 136C.32
124.5618 136C.33
124.5619 136C.34
124.5628 136C.35
124.5629 136C.36
124.564 136C.41
124.565 136C.13
124.57 136C.37
124.572 136C.38
124.58 136C.22
124.59 136C.221
124.60 136C.222
124.61 136C.223
Sec. 37. [REPEALER.]
Minnesota Statutes 1982, sections 121.217; 124.565,
subdivisions 3 and 4; 124.572, subdivisions 2a and 8; 124.573,
subdivisions 2a, 3b, and 5; 124.574, subdivisions 2, 2a, and
3a, are repealed. Minnesota Statutes 1983 Supplement, sections
124.11, subdivisions 2a and 2b; 124.5613, subdivision 1, are
repealed.
Sec. 38. [APPROPRIATION.]
The sum of $600,000 is appropriated from the general fund
to the state board of vocational technical education for fiscal
year 1985 to develop new programs and to update curriculum.
Sec. 39. [EFFECTIVE DATE.]
Section 28 is effective June 30, 1984.
ARTICLE 6
OTHER AIDS AND LEVIES
Section 1. Minnesota Statutes 1983 Supplement, 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
the mill rate as determined by the county auditor based upon the
original assessed valuation is applied upon 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 abatement adjustment
shall be recognized as revenue in the fiscal year in which it is
received. 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:
(a) the sum of the amounts of the district's certified levy
in the preceding October according to the following:
(i) section 275.125, subdivisions 2a, 7d, clause (1), and
7d, clause (2), if the district is entitled to basic foundation
aid according to section 124.2122;
(ii) section 275.125, subdivisions 7d, clause (3), if the
district is entitled to third tier aid according to section
124A.10, subdivision 3;
(iii) section 275.125, subdivision 7d, clause (4), and 7d,
clause (5), if the district is eligible for fourth tier aid
according to section 124A.12, subdivision 3;
(iv) section 275.125, subdivisions 2j and 2k, if the
district is entitled to summer school aid according to section
124.201; and
(v) section 275.125, subdivisions 5 and 5c, if the district
is entitled to transportation aid according to section 124.225,
subdivision 8a;
(b) to the sum of the amounts total amount of the
district's certified levy limitations in the preceding October
pursuant to section 275.125, subdivisions 2a, 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,
plus or minus auditor's adjustments. 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. The abatement
adjustment shall be recognized as revenue in the fiscal year in
which it is received.
Sec. 2. Minnesota Statutes 1982, section 124.245,
subdivision 1, is amended to read:
Subdivision 1. [BASIC COMPUTATION.] (a) For the 1981-1982
school year and Each year thereafter, except for the 1982-1983
school year, the state shall pay a school district the
difference by which an amount equal to $90 per pupil unit in
that school year or, in districts where the actual number of
actual pupil units identified in section 124.17, subdivision 1,
clauses (1) and (2), has increased from the prior year, $95 per
pupil unit in that school year, exceeds the amount raised by
seven 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 have levied the full seven EARC mills for use for capital
expenditures in that year pursuant to section 275.125,
subdivision 11a.
For the 1982-1983 school year the state shall pay a school
district the difference by which an amount equal to $89 per
pupil unit in that school year or, 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, $94
per pupil unit in that school year, exceeds the amount raised by
seven 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 have levied the full seven EARC mills for use for capital
expenditures in that year pursuant to section 275.125,
subdivision 11a.
(b) In the 1982-1983 school year and each year thereafter,
The aid under clause (a) for any district which operates an
approved secondary vocational education program or an approved
senior secondary industrial arts program shall be computed using
a dollar amount per pupil unit which is $5 higher than the
amount specified in clause (a).
(c) If the sum of a district's capital expenditure levy
under section 275.125, subdivision 11a, attributable to any
school year starting in 1982-1983 and its capital expenditure
equalization aid, if any, under this subdivision for that school
year exceeds $89 $90 per pupil unit or, in districts where the
actual number of actual pupil units identified in section
124.17, subdivision 1, clauses (1) and (2), has increased from
the prior year, $94 $95 per pupil unit, the amount of the excess
may be expended only for the purpose of capital expenditures for
equipment for secondary vocational education programs or senior
secondary industrial arts programs.
Sec. 3. [126.60] [PROGRAMS OF EXCELLENCE.]
Subdivision 1. [DESIGNATION.] The commissioner of
education shall designate secondary academic programs as
programs of excellence by April 1 each year according to
criteria established by the commissioner. The criteria may
include: teacher qualifications; curriculum offerings; student
ability averages; management; expectations; academic standards;
order and discipline; clearly defined academic goals;
administrative leadership; community support; organization for
learning; frequency, monitoring, and reporting of homework;
regularity and frequency of monitoring of pupil progress;
coordination, articulation, and comprehensiveness of curriculum;
variety of teaching strategies; opportunities for pupils
responsibility; commitment to accept at least five pupils; and
ability to provide host families. A designation as a program of
excellence shall be for two school years and may be renewed upon
reapplication.
Subd. 2. [APPLICATION.] A district may apply to the
commissioner for designation of one or more of its secondary
academic programs as a program of excellence. The application
shall include information required by the commissioner. The
commissioner shall distribute criteria and applications for all
districts.
Subd. 3. [COMMITTEE.] The commissioner shall establish a
programs of excellence committee. The committee shall advise
the commissioner about criteria for the programs and may review
district applications.
Subd. 4. [INCENTIVE GRANTS.] A district with a program
designated as a program of excellence shall receive an incentive
grant for the program for each year of the designation.
Sec. 4. [126.62] [PUPILS FOR PROGRAMS OF EXCELLENCE.]
Subdivision 1. [PUPIL SELECTION.] The commissioner of
education shall select pupils to attend programs of excellence
according to criteria established by the commissioner. The
criteria may include, but not be limited to, an evaluation of
the pupil's academic ability, the pupil's future career plans,
and lack of academic opportunity in the pupil's current school.
Subd. 2. [APPLICATION.] The commissioner shall distribute
to all districts the criteria and application forms containing
the date applications are due. Each district shall distribute
the criteria and applications to all pupils in the district in
grades 7 to 11 and their parents. Any pupil may request
additional information about the program, school, and the
district. A pupil shall be notified of selection by June 1 each
year. Additional pupils may be selected after June 1 if space
is available.
Subd. 3. [PROGRAM LIMITS.] No more than 100 pupils who
have completed at least the eighth grade or equivalent may be
selected to participate in the program. No more than ten pupils
selected may attend a particular program of excellence at any
one time.
Subd. 4. [ATTENDANCE.] A pupil selected shall attend the
school with the program of excellence full time. A pupil may
continue to attend the program through completion of all
programs offered by the school if the pupil maintains
satisfactory progress. At least twice a year the principal of a
school with a program of excellence shall certify to the
commissioner whether or not the pupil is making satisfactory
progress. A pupil not making satisfactory progress, as
certified by the principal, shall be dropped from the program as
of the date of the certification.
Subd. 5. [COMMITTEE.] The programs of excellence
committee, established in section 3, subdivision 3, shall advise
the commissioner about criteria and application forms for pupil
selection.
Subd. 6. [TRANSPORTATION.] The commissioner may reimburse
transportation costs when a pupil demonstrates need.
Subd. 7. [HOST FAMILIES.] A school with a program of
excellence shall screen and arrange for volunteer host families
for nonresident pupils selected to attend the school.
Sec. 5. [126.64] [FOUNDATION REVENUE FOR PUPILS.]
Subdivision 1. [DISTRICT OF RESIDENCE.] All foundation
revenue which a pupil selected to attend a school of excellence
would have earned for the resident district had the pupil
continued to attend that district shall continue to be earned by
the resident district. If a pupil selected to attend a program
of excellence has not been enrolled in a public school in the
resident district for at least one school year immediately
preceding enrollment in a program of excellence, the resident
district shall not earn foundation revenue for that pupil.
Subd. 2. [DISTRICT OF ATTENDANCE.] The district receiving
a pupil selected to participate in the program of excellence
program shall count the pupil as a resident pupil unit as
defined in section 124.17 for purpose of determining aids and
levies.
Sec. 6. Minnesota Statutes 1982, section 275.125, is
amended by adding a subdivision to read:
Subd. 6e. [DESEGREGATION LEVY.] Each year any district
which is implementing a plan for desegregation mandated by the
state board of education or under court order may levy an amount
not to exceed one mill times the adjusted assessed valuation of
the district. Notwithstanding section 121.904, the entire
amount of this levy shall be recognized as revenue for the
fiscal year in which the levy is certified. This levy shall not
be considered in computing the aid reduction under section
124.155. A district which levies pursuant to this subdivision
may not place the proceeds of the 1983 payable 1984 levy
authorized by section 275.125, subdivision 9a, in the general
fund.
Sec. 7. Minnesota Statutes 1983 Supplement, section
275.125, subdivision 8a, is amended to read:
Subd. 8a. [INTERDISTRICT COOPERATION LEVY.] Each year, a
district which is eligible for aid pursuant to section 124.272,
subdivision 2, 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
the levy shall not exceed the lesser of: (1) $50 times the
actual pupil units for that school year. No levy under this
subdivision shall exceed; (2) $50,000; or (3) 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. 8. Minnesota Statutes 1983 Supplement, section
275.125, subdivision 9b, is amended 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, section 2, but excluding clauses (l), (m), (n),
(o), and (p), and Laws 1982, Third Special Session chapter 1,
article 3, sections section 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
275.125, subdivision 2a or 2e in that same year.
Sec. 9. Minnesota Statutes 1983 Supplement, 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 total pupil unit, or $95 per total pupil unit
in districts where the actual number of actual 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 levy 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
purchase textbooks, to pay leasing fees for purchase and lease
computer systems hardware and related proprietary, software, and
related supporting materials, and to pay leasing fees for
purchase or lease 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, 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.
The proceeds of the tax may also be used to pay principal and
interest on loans from the state authorized by section 116J.37.
(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 levy 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 total pupil unit for capital
expenditures for equipment for these programs.
(g) For purposes of computing allowable levies under this
subdivision and 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. 10. Minnesota Statutes 1983 Supplement, section
275.125, subdivision 11b, is amended to read:
Subd. 11b. [SPECIAL PURPOSE CAPITAL EXPENDITURE LEVY.] 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 total 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, 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; and
(f) to pay principal and interest on loans from the state
authorized by section 116J.37.
Sec. 11. Minnesota Statutes 1983 Supplement, section
275.125, subdivision 11c, is amended 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, each year a school
district may levy an amount not to exceed the amount equal to
$25 per total 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, asbestos related repairs,
or the cleanup and disposal of polychlorinated biphenyls found
in school buildings or property.
Sec. 12. Minnesota Statutes 1983 Supplement, 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. 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. However, a school district may not levy
pursuant to this section for premium costs for motor vehicle
insurance protecting against injuries or damages arising out of
the operation of district owned, operated, leased, or controlled
vehicles for the transportation of pupils for purposes for which
state aid is authorized under section 124.223, or for purposes
for which the district is authorized to levy under section
275.125, subdivision 5d. 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. 13. Laws 1983, chapter 314, article 6, section 34,
subdivision 12, is amended to read:
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
$48,972 to Independent School Distict No. 309-Pine Point School;
$8,750 $8,639 to Independent School District No. 166; $13,500
$13,329 to Independent School District No. 432; $12,700 $12,539
to Independent School District No. 435; $38,100 $37,618 to
Independent School District No. 707; and $35,350 $34,903 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
$50,955 to Independent School Distict No. 309-Pine Point School;
$9,200 $8,998 to Independent School District No. 166; $14,200
$13,888 to Independent School District No. 432; $13,350 $13,056
to Independent School District No. 435; $40,050 $39,170 to
Independent School District No. 707; and $37,100 $36,285 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 allocations are based on 100
percent of the entitlement for fiscal year 1985, 85 percent of
which is appropriated for payment in fiscal year 1985.
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 1985-86 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.
Sec. 14. [STATUTORY OPERATING DEBT LEVY INTO GENERAL
FUND.]
Notwithstanding Minnesota Statutes 1982, section 275.125,
subdivision 9a, and any other law to the contrary, a school
district located in a city of the first class, which does not
levy pursuant to Minnesota Statutes, section 275.125,
subdivision 6e, may place the proceeds of the 1983 payable 1984
levy authorized by Minnesota Statutes 1982, section 275.125,
subdivision 9a, in the general fund. This authority shall not
be construed to modify a district's obligation to eliminate its
statutory operating debt.
Sec. 15. [OPERATING DEBT LEVY FOR BUHL AND MOUNTAIN IRON
CONSOLIDATION.]
Subdivision 1. [AUTHORIZATION.] In 1985 and each year
thereafter, the newly created district formed by the
consolidation of Independent School District No. 694, Buhl, and
Independent School District No. 703, Mountain Iron, may make an
additional levy to eliminate a deficit in the net unappropriated
operating funds of the newly created district, determined as of
June 30, 1985, and certified and adjusted by the commissioner.
This levy each year may be an amount not to exceed 1.5 mills
times the adjusted assessed valuation of the newly created
district for the preceding year as determined by the
equalization aid review committee. When the cumulative amount
of the levies made pursuant to this subdivision equals the total
amount of the certified deficit of the newly created district,
the levy shall be discontinued.
Subd. 2. [USE OF PROCEEDS.] 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.
Subd. 3. [CONDITION OF LEVY AUTHORITY.] In any year in
which the newly created district levies pursuant to this
subdivision, it shall certify the maximum levy allowable under
section 275.125, subdivision 2a, in that same year.
Subd. 4. [EFFECTIVE DATE AND NO LOCAL APPROVAL.] Pursuant
to Minnesota Statutes, section 645.023, subdivision 1, clause
(a), this section is effective without local approval the day
following final enactment.
Sec. 16. [HERMANTOWN; SPECIAL ASSESSMENT LEVY.]
In 1984, Independent School District No. 700, Hermantown,
may certify a levy in an amount not to exceed $50,000 for a
special sewer and water assessment.
Sec. 17. [REPEALER.]
Subdivision 1. Minnesota Statutes 1982, sections 124.245,
subdivision 1a; 124.246, subdivision 2a; 124.26, subdivision 1a;
124.273, subdivisions 1a and 2a, are repealed.
Sec. 18. [APPROPRIATION FOR DEFICIENCIES.]
Subdivision 1. [ABATEMENT AID.] For abatement aid pursuant
to section 124.214, subdivision 2, there is appropriated from
the general fund to the department of education for the fiscal
year ending June 30, 1984, the sum of $1,031,000 and for the
fiscal year ending June 30, 1985, the sum of $1,000,000. These
appropriations shall be added to the sums appropriated for
fiscal years 1984 and 1985 for this purpose in Laws 1983,
chapter 314, article 6, section 34, subdivision 3.
Subd. 2. [INTERDISTRICT COOPERATION AID.] For
interdistrict cooperation aid pursuant to section 124.272, there
is appropriated from the general fund to the department of
education for the fiscal year ending June 30, 1985, the sum of
$255,000. This appropriation shall be added to the sum
appropriated for fiscal year 1985 in Laws 1983, chapter 314,
article 6, section 34, subdivision 9.
Subd. 3. [RESIDENTIAL FACILITIES AID.] For residential
facilities aid pursuant to section 124.32, subdivision 5, there
is appropriated from the general fund to the department of
education, the sum of $526,100 for the fiscal year ending June
30, 1984 and the sum of $526,100 for the fiscal year ending June
30, 1985. These approriations shall be added to the sums
appropriated for fiscal years 1984 and 1985 in Laws 1983,
chapter 314, article 3, section 19, subdivision 5.
Sec. 19. [APPROPRIATION.]
Subdivision 1. [NETT LAKE.] The sum of $20,000 is
appropriated from the general fund to the department of
education to pay the obligation of Independent School District
No. 707, Nett Lake, for unemployment compensation. The sum
shall be available until June 30, 1985.
Subd. 2. [PROGRAMS OF EXCELLENCE.] For planning and
development of programs of excellence pursuant to sections 3 to
5, there is appropriated from the general fund to the department
of education for fiscal year 1985, the sum of $15,000.
Sec. 20. [EFFECTIVE DATES.]
Subdivision 1. Sections 3 to 5 are effective July 1, 1984,
for programs of excellence to be implemented beginning in the
1985-1986 school year.
Subd. 2. Sections 13 and 18 are effective the day
following final enactment.
Subd. 3. Section 9 is effective for expenditures of levy
proceeds beginning in the 1984-1985 school year.
ARTICLE 7
MISCELLANEOUS
Section 1. Minnesota Statutes 1983 Supplement, section
121.15, subdivision 1, is amended to read:
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, other than an area
vocational technical institute. 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.
Sec. 2. Minnesota Statutes 1983 Supplement, section
121.503, subdivision 5, is amended to read:
Subd. 5. [REPORT.] The council on quality education shall
submit a report to the education committees of the legislature
by February 1 each year. This report shall include the number
and description of programs approved, implementation status of
programs approved, waivers granted, and evaluation of programs
approved.
Sec. 3. Minnesota Statutes 1982, section 121.908, is
amended by adding a subdivision to read:
Subd. 6. A school district providing early retirement
incentive payments under section 125.611, severance pay under
section 465.72, or health insurance benefits to retired
employees under section 471.61, must account for the payments
according to uniform financial accounting and reporting
standards adopted for Minnesota school districts pursuant to
section 121.902.
Sec. 4. Minnesota Statutes 1982, section 121.912, is
amended by adding a subdivision to read:
Subd. 4. [ACCOUNT TRANSFER FOR STATUTORY OPERATING DEBT.]
On June 30 of each year, a district may make a permanent
transfer from the general fund account entitled "unappropriated
fund balance since statutory operating debt" to the account
entitled "appropriated fund balance reserve account for purposes
of reducing statutory operating debt." The amount of the
transfer is limited to the lesser of (a) the net unappropriated
operating fund balance, or (b) the sum of the remaining
statutory operating debt levies authorized for all future years
according to section 275.125, subdivision 9a. If the net
unappropriated operating fund balance is less than zero, the
district may not make a transfer.
Sec. 5. Minnesota Statutes 1982, section 121.935,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] Every regional management information
center shall:
(a) Assist its affiliated districts in complying with the
reporting requirements of the annual data acquisition calendar
and the rules of the state board of education;
(b) Respond within 15 calendar days to requests from the
department for district information provided to the region for
state reporting of information, based on the data elements in
the data element dictionary;
(c) Operate financial management information systems
consistent with the uniform financial accounting and reporting
standards for Minnesota school districts adopted by the state
board pursuant to sections 121.90 to 121.917;
(d) Make available to districts the opportunity to
participate fully in all the subsystems of ESV-IS;
(e) Before July 1, 1981, develop a plan for the provision
of services during a system failure or a disaster;
(f) Comply with the requirement in section 121.908,
subdivision 2, on behalf of districts affiliated with it; and
(g) Operate fixed assets property management information
systems consistent with the uniform property accounting and
reporting standards for Minnesota area vocational-technical
institutes adopted by the state board pursuant to section
121.902, subdivision 1a.
Sec. 6. Minnesota Statutes 1982, section 121.935,
subdivision 6, is amended to read:
Subd. 6. [FEES.] Regional management information centers
may charge fees to affiliated districts. A district which
submits financial transactions to the center in summary form
pursuant to section 121.936, subdivision 1, or which uses an
approved alternative management information system pursuant to
section 121.936, subdivisions 2 to 4, may apply to the
commissioner to set the fee if the district and the center
cannot agree on a fee. The commissioner shall issue an order
setting the fee, which shall be binding on both the center and
the district for the cost of services provided to the district
and the district's proportionate share of outstanding regional
debt. In no event shall the annual fee of a district
participating in a state pilot program of an alternative
financial management information system exceed the annual fee
chargeable to the district in the absence of the pilot program.
Sec. 7. Minnesota Statutes 1982, section 121.936,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY PARTICIPATION.] (a) By July 1,
1980, every district shall perform financial accounting and
reporting operations on a financial management accounting and
reporting system utilizing multi-dimensional accounts and
records defined in accordance with the uniform financial
accounting and reporting standards adopted by the state board
pursuant to sections 121.90 to 121.92.
(b) By July 1, 1980, every school district shall be
affiliated with one and only one regional management information
center. This affiliation shall include at least the following
components:
(1) The center shall provide reports to the department of
education for the district to the extent required by the data
acquisition calendar;
(2) The district shall use the ESV-IS finance subsystem
through the center to process every detailed financial
transaction of the district.
Notwithstanding the foregoing, a district with 3,000 or
fewer pupils in average daily membership as defined in section
124.17, subdivision 2, may submit its financial transactions to
the center for processing in summary form if before July 1,
1980, the planned form of the district's submission of its
transactions and the conformance of the district's financial
accounting and reporting system to the uniform financial
accounting and reporting standards adopted by the state board
pursuant to sections 121.90 to 121.92 are approved by the
following team: the director of school financial management in
the department of education, and the director of management
information services and the coordinator for the ESV-IS finance
subsystem for the Minnesota educational computing consortium may
process and submit its financial data to a region or the state
in summary form if it operates an approved alternative system or
participates in a state approved pilot test of an alternative
system.
(c) The provisions of this subdivision shall not be
construed to prohibit a district from purchasing services other
than those described in clause (b) from a center other than the
center with which it is affiliated pursuant to clause (b).
Districts operating an approved alternative system or
participating in a state approved pilot test of an alternative
financial system shall purchase finance system services from any
region if the region of affiliation does not offer alternative
system support services.
Sec. 8. [123.3513] [ADVANCED ACADEMIC CREDIT.]
A school district shall grant academic credit to a pupil
attending an accelerated or advanced academic course offered by
a higher education institution or a nonprofit public agency
other than the district, if the pupil successfully completes the
course attended and passes an examination approved by the
district. If no comparable course is offered by the district,
the state board of education shall determine the number of
credits which shall be granted to a pupil who successfully
completes and passes the course. If a comparable course is
offered by the district, the school board shall grant a
comparable number of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number
of credits granted for a particular course, the pupil may appeal
the school board's decision to the state board of education. The
state board's decision regarding the number of credits shall be
final.
The credits granted to a pupil shall be counted toward the
graduation requirements and subject area requirements of the
school district. Evidence of successful completion of each
class and credits granted shall be included in the pupil's
secondary school record.
Sec. 9. Minnesota Statutes 1982, section 123.36,
subdivision 10, is amended to read:
Subd. 10. (a) The board may lease a schoolhouse which that
is not needed for school purposes to any person or organization.
The board may charge and collect reasonable consideration for
the lease and may determine the terms and conditions of the
lease.
(b) In districts with outstanding bonds, the net proceeds
of the lease shall be first 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 all
outstanding bonds that is ascribable to the payment of expenses
necessary and incidental to the construction or purchase of the
particular building or property that is leased. Any remaining
net proceeds in these districts may be deposited in either the
debt redemption fund or capital expenditure fund. and All net
proceeds of the lease in districts without outstanding bonds
shall be deposited in the capital expenditure fund of the
district.
(c) The board may make capital improvements to a
schoolhouse or a portion thereof, not exceeding in cost the
replacement value of the schoolhouse, to facilitate its rental,
and the lease of an improved schoolhouse shall provide for
rentals which will recover the cost of the improvements over the
initial term of the lease. Notwithstanding clause (b), the
portion of the rentals representing the cost of the improvements
shall be deposited in the capital expenditure fund of the
district and the balance of the rentals shall be used as
provided in clause (b).
Sec. 10. Minnesota Statutes 1983 Supplement, 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;
(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 for
the betterment, as defined in section 475.51, subdivision 8, of
district-owned school buildings in which enrollment has
increased as a result of closing schools in the district, other
than as provided in clauses (b), (c), and (d); or
(g) to replace the building or property sold.
The amount of the proceeds used for the purposes specified
in clauses (a), (b), (c), (d), and (e) shall be deducted from
the levy limitation computed for the levy authorized in section
275.125, subdivision subdivisions 11b and 11c, as applicable, 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. 11. [124.2139] [REDUCTION OF HOMESTEAD CREDIT
PAYMENTS TO SCHOOL DISTRICTS.]
Beginning with homestead credit payments made to school
districts pursuant to section 273.13, subdivisions 6, 7, and
14a, in fiscal year 1985 for taxes payable in 1984, and each
year thereafter, the commissioner of revenue shall reduce these
payments to any school district by the product of:
(1) the district's fiscal year 1984 payroll for coordinated
plan members of the public employees retirement association,
times
(2) the difference between the employer contribution rate
in effect prior to July 1, 1984, and the total employer
contribution rate in effect after June 30, 1984.
Sec. 12. Minnesota Statutes 1982, section 124.214,
subdivision 1, is amended to read:
Subdivision 1. [OMISSIONS.] No adjustments to any aid
payments made pursuant to this chapter, resulting from omissions
in school district reports, except those adjustments determined
by the legislative auditor, shall be made for any school year
after December 15 30 of the next school year, unless otherwise
specifically provided by law.
Sec. 13. Minnesota Statutes 1982, section 125.12,
subdivision 3, is amended to read:
Subd. 3. [PROBATIONARY PERIOD.] The first and second three
consecutive years of a teacher's first teaching experience in
Minnesota in a single school district shall be deemed to be a
probationary period of employment, and after completion thereof,
the probationary period in each school district in which he the
teacher is thereafter employed shall be one year. A teacher who
has complied with the then applicable probationary requirements
in a school district prior to July 1, 1967, shall not be
required to serve a new probationary period in the said district
subsequent thereto. The school board shall adopt a plan for
written evaluation of teachers during the probationary period.
Evaluation shall occur not less than three times each year.
During the probationary period any annual contract with any
teacher may or may not be renewed as the school board shall see
fit; provided, however, that the school board shall give any
such teacher whose contract it declines to renew for the
following school year written notice to that effect before June
1. If the teacher requests reasons for any nonrenewal of a
teaching contract, the school board shall give the teacher its
reason in writing, including a statement that appropriate
supervision was furnished describing the nature and the extent
of such supervision furnished the teacher during his the
employment by the board, within ten days after receiving such
request. The school board may, after a hearing held upon due
notice, discharge a teacher during the probationary period for
cause, effective immediately, under section 123.35, subdivision
5.
Sec. 14. Minnesota Statutes 1982, section 125.17,
subdivision 2, is amended to read:
Subd. 2. [PROBATIONARY PERIOD; DISCHARGE OR DEMOTION.] All
teachers in the public schools in cities of the first class
during the first three years of consecutive employment shall be
deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be
renewed as the school board shall see fit. The school board
shall adopt a plan for a written evaluation of teachers during
the probationary period. Evaluation shall occur not less than
three times each year. The school board may, during such
probationary period, discharge or demote a teacher for any of
the causes as specified in this code. A written statement of
the cause of such discharge or demotion shall be given to the
teacher by the school board at least 30 days before such removal
or demotion shall become effective, and the teacher so notified
shall have no right of appeal therefrom.
Sec. 15. Minnesota Statutes 1982, section 125.611, is
amended by adding a subdivision to read:
Subd. 13. [APPLICATIONS AFTER JUNE 30, 1984.] The state
shall not reimburse the district for any portion of an early
retirement incentive for any applications submitted after June
30, 1984. Beginning on July 1, 1984, a teacher meeting the
requirements of subdivision 1 may apply to the school board of
the employing district for a contract for termination of
services, withdrawal from active teaching service, and payment
of an early retirement incentive. This application shall be
submitted on or before February 1 of the school year at the end
of which the teacher wishes to retire. A school board shall
approve or deny the application within 30 days after it is
received by the board. The amount of the early retirement
incentive shall be agreed upon between the teacher and the
school board. The early retirement incentive shall be paid by
the employing district at the time and in the manner mutually
agreed upon by a teacher and the board.
Sec. 16. Minnesota Statutes 1982, section 125.185,
subdivision 4, is amended to read:
Subd. 4. The board shall develop and create rules for the
licensure of public school teachers and interns, and from time
to time the board of teaching it shall revise or supplement the
rules for licensure of public school teachers subject to the
provisions of chapter 14. It shall be the duty of the board of
teaching to establish rules for the approval of teacher
education programs; provided these rules shall encourage teacher
educators to obtain periodic classroom teaching experience. The
board of teaching shall also grant licenses to interns and to
candidates for original licenses and receive recommendations
from local committees as established by the board of teaching
for the renewal of teaching licenses, grant life licenses to
those who qualify according to requirements established by the
board of teaching, and suspend or revoke licenses pursuant to
sections 125.09 and 214.10. Notwithstanding any law or rule to
the contrary, the board shall not establish any expiration date
for application for life licenses. With regard to vocational
education teachers the board of teaching shall adopt and
maintain as its rules the rules of the state board for
vocational of education and the state board of vocational
technical education.
Sec. 17. Minnesota Statutes 1983 Supplement, section
129B.02, subdivision 4, is amended to read:
Subd. 4. [REPORT TO LEGISLATURE.] The council shall report
to the education committees of the legislature by November 15 of
each even-numbered year concerning all research and all
proposals received, the dispositions 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. 18. Minnesota Statutes 1983 Supplement, section
129B.041, subdivision 1, is amended to read:
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.
Products sold shall be clearly labeled as products developed
pursuant to a grant or loan from the council on quality
education.
Sec. 19. Minnesota Statutes 1983 Supplement, section
129B.041, subdivision 3, is amended to read:
Subd. 3. [REVOLVING FUND.] The education products product
and loan repayment 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, Repayment of loans, made according to
section 129B.04, subdivision 2, and sale 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.
Sec. 20. Minnesota Statutes 1982, section 275.125,
subdivision 9a, is amended to read:
Subd. 9a. [STATUTORY OPERATING DEBT LEVY.] (1) In 1978 and
each year thereafter in which so required by this subdivision, a
district shall make an additional levy to eliminate its
statutory operating debt, determined as of June 30, 1977 and
certified and adjusted by the commissioner. This levy shall not
be made in more than 20 successive years and each year before it
is made, it must be approved by the commissioner and the
approval shall specify its amount. This levy shall in each year
be an amount which is equal to 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; provided that in the last year in which the
district is required to make this levy, it shall levy 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.
When the sum of the cumulative levies made pursuant to this
subdivision equal and transfers made according to section
121.912, subdivision 4 equals an amount equal to the statutory
operating debt of the district, the levy shall be discontinued.
(2) The district shall establish a special account in the
general fund which shall be designated "appropriated fund
balance reserve account for purposes of reducing statutory
operating debt" on its books and records. This account shall
reflect the levy authorized pursuant to this subdivision. 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 is required to levy pursuant to this
subdivision shall certify the maximum levy allowable under
subdivision 2a in that same year.
(4) Each district shall make permanent fund balance
transfers so that the total statutory operating debt of the
district is reflected in the general fund as of June 30, 1977.
Sec. 21. Minnesota Statutes 1982, section 465.721, is
amended to read:
465.721 [FUNDING.]
No county, city, township, school district or other
governmental subdivision shall implement a plan for payment of
severance pay pursuant to section 465.72 until a plan providing
for full funding has been developed and approved by the
governing body. This section does not apply to school districts.
Sec. 22. Minnesota Statutes 1982, section 471.61,
subdivision 1, is amended to read:
Subdivision 1. [OFFICERS, EMPLOYEES.] Any county,
municipal corporation, town, school district, county extension
committee, other political subdivision or other body corporate
and politic of this state, other than the state or any
department thereof, through its governing body, and any two or
more subdivisions acting jointly through their governing bodies,
may insure or protect its or their officers and employees, and
their dependents, or any class or classes thereof, under a
policy or policies, or contract or contracts of group insurance
or benefits covering life, health, and accident, in the case of
employees, and medical and surgical benefits, and
hospitalization insurance or benefits, for both employees and
dependents, or dependents of an employee whose death was due to
causes arising out of and in the course of employment, or any
one or more of such forms of insurance or protection. Any such
governmental unit, including county extension committees and
those paying their employees, may pay all or any part of the
premiums or charges on such insurance or protection. Any such
payment shall be deemed to be additional compensation paid to
such officers or employees but for purposes of determining
contributions or benefits under any public pension or retirement
system it shall not be deemed to be additional compensation.
Any one or more of such governmental units may determine that a
person is an officer or employee if such officer or employee
receives a portion of his income from such governmental
subdivisions without regard to the manner of his election or
appointment. The appropriate officer of such governmental unit,
or those disbursing county extension funds, shall deduct from
the salary or wages of each officer and employee who elects to
become insured or so protected, on the officer's or employee's
written order, all or part of the officer's or employee's share
of such premiums or charges and remit the same to the insurer or
company issuing such policy or contract.
Any governmental unit, other than a school district, which
pays all or any part of such premiums or charges is authorized
to levy and collect a tax, if necessary, in the next annual tax
levy for the purpose of providing the necessary funds for the
payment of such premiums or charges, and except for school
districts such sums so levied and appropriated shall not, in the
event such sum exceeds the maximum sum allowed by any law or the
charter of a municipal corporation, be considered part of the
cost of government of such governmental unit as defined in any
tax levy or per capita expenditure limitation; provided at least
50 percent of the cost of benefits on dependents shall be
contributed by the employee or be paid by levies within existing
per capita tax limitations.
The word "dependents" as used herein shall mean spouse and
minor unmarried children under the age of 18 years actually
dependent upon the employee.
Sec. 23. Minnesota Statutes 1982, section 471.61,
subdivision 2a, is amended to read:
Subd. 2a. [RETIRED OFFICERS, EMPLOYEES.] Any county,
municipal corporation, town, school district, county extension
committee, other political subdivision or other body corporate
and politic of this state, including the state or any department
thereof, through its governing body, and any two or more
subdivisions acting jointly through their governing bodies, may
insure or protect its or their retired officers and retired
employees entitled to benefits under any public employees
retirement act and their dependents, or any class or classes
thereof, under a policy or policies, or contract or contracts of
group insurance or benefits covering life, health, and accident,
medical and surgical benefits, or hospitalization insurance or
benefits, for retired officers and retired employees and their
dependents, or any one or more of such forms of insurance or
protection. Any such governmental unit, including county
extension committees, may pay all or any part of the premiums or
charges on such insurance or protection. Any one or more of
such governmental units may determine that a person is a retired
officer or a retired employee if such officer or employee, when
employed, received a portion of his income from such
governmental subdivisions without regard to the manner of his
election or appointment. The appropriate officer of such
governmental unit, or those disbursing county extension funds,
shall collect from each such retired officer and retired
employee who elects to become insured or so protected, on such
officer's or employee's written order, all or part of the
retired officer's or retired employee's share of such premiums
or charges and remit the same to the insurer or company issuing
such policy or contract.
Any governmental unit, other than a school district, which
pays all or any part of such premiums or charges is authorized
to levy and collect a tax, if necessary, in the next annual tax
levy for the purpose of providing the necessary funds for the
payment of such premiums or charges, and except for school
districts such sums so levied and appropriated shall not, in the
event such sum exceeds the maximum sum allowed by any law or the
charter of a municipal corporation, be considered part of the
cost of government of such governmental unit as defined in any
tax levy or per capita expenditure limitation; provided at least
50 percent of the cost of benefits on dependents shall be
contributed by the retired officer or retired employee or be
paid by levies within existing per capita tax limitations.
The word "dependents" as used herein shall mean spouse and
minor unmarried children under the age of 18 years actually
dependent upon the retired officer or retired employee.
Sec. 24. Laws 1976, chapter 20, section 5, subdivision 1,
is amended to read:
Sec. 5. [RESERVE FUND FOR REDUCING STATUTORY OPERATING
DEBT.] Subdivision 1. The district shall establish a special
reserve account, which shall be designated "reserve account for
purposes of reducing statutory operating debt" on its books and
records into which the proceeds of the bonds authorized in
section 1 and the levies made under section 4 shall be placed.
The funds in this account shall be used only for the payment of
district operating expenses, but the amount in this account
shall never supplement district revenues or income for the
purposes of increasing the district's capital or operational
expenditures or budgets, or for any purpose, other than to meet
temporary cash needs. Earnings on sums in this account may be
used for paying interest expenses on tax and aid anticipation
certificates and for the purposes for which funds in this
account may be used. Earnings on sums in this account after
June 30, 1984, may be withdrawn from the account and placed in
the general fund. The funds in this account may be invested and
reinvested in accordance with the further provisions of
Minnesota Statutes, Section 475.66, as amended.
Sec. 25. Laws 1983, chapter 314, article 7, section 45, is
amended to read:
Sec. 45. [PILOT PROJECTS USING MICROCOMPUTERS.]
The department of education shall pilot test
microcomputer-based financial reporting systems in up to eight
12 school districts during the 1983-1984 1984-1985 school year.
Districts participating in the pilot test sites shall meet
hardware, software, and support limitations of the test system
use as established by the department. The department shall
encourage districts in geographic areas that are not now pilot
testing microcomputer-based financial reporting systems to apply
for additional test sites. In selecting additional test sites,
the department shall give preference to districts in geographic
areas that do not currently have test sites. 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 1984-1985 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
January 15, 1985. The report shall include: changes in fees
and costs for districts not participating in the pilot test; an
analysis of district, state, and regional costs associated with
operation of the systems; recommendations for maintenance of the
systems; alternatives, their costs and recommendations for the
provision of support to users; and an analysis of the
desirability of limiting the number of allowable alternative
systems. The cost of the evaluation shall be paid by the
department of education.
Sec. 26. Laws 1983, chapter 314, article 8, section 23, is
amended to read:
Sec. 23. [RULEMAKING ON CURRICULUM.]
Subdivision 1. [SECONDARY CURRICULUM.] By September 1 30,
1984, the state board of education shall adopt rules pursuant to
chapter 14, establishing elementary and secondary curriculum
requirements which that will ensure that a minimum comprehensive
educational program is available to all public secondary school
students in the state. The secondary curriculum rules adopted
by the state board shall be effective beginning in the 1985-1986
school year.
Subd. 2. [ELEMENTARY CURRICULUM.] By September 1, 1985,
the state board of education shall adopt rules pursuant to
chapter 14, establishing elementary curriculum requirements that
will ensure that a minimum comprehensive educational program is
available to all public elementary school students in the
state. The elementary curriculum rules adopted by the state
board shall be effective beginning in the 1986-1987 school year.
Subd. 3. [REPEALER.] This section is repealed on December
31, 1986.
Sec. 27. [RETROACTIVE CREDITS.]
Pupil records shall contain evidence of classes completed
at the University of Minnesota talented youth mathematics
project during the 1980-1981, 1981-1982, 1982-1983, and
1983-1984 school years. Pupils may take examinations according
to section 8 for these classes and if the pupil passes the
examination the pupil shall receive credit for courses taken
during those years.
Sec. 28. [APPLICABILITY OF THREE YEAR PROBATION.]
Notwithstanding the provisions of section 13, a teacher who
has completed at least one year of the first teaching experience
in Minnesota in a single school district on June 30, 1984 shall
be required to have a two-year probationary period in that
district.
Sec. 29. [INDEPENDENT SCHOOL DISTRICT NO. 271; SALE OF
BUILDING.]
Subdivision 1. [BUILDING EXCHANGE FOR CASH, PRODUCTS, AND
SERVICES.] Notwithstanding Minnesota Statutes, sections 123.36,
subdivision 13, 123.37, and 471.345, or any other law to the
contrary, Independent School District No. 271, Bloomington, may
sell a school building to a purchaser for cash, products, and
services provided by the purchaser. Cash received from the
purchaser shall first be placed in the debt retirement fund in
compliance with Minnesota Statutes, section 123.36, subdivision
13, clause (1). Additional cash, if any, may be placed in the
general fund. Products and services may be provided for a
period of time not to exceed five years according to contractual
terms. The products and services shall consist of at least
computer hardware, software, training, and related services as
needed by the district.
Subd. 2. [EFFECTIVE DATE AND NO LOCAL APPROVAL.] Pursuant
to section 645.023, subdivision 1, clause (a), subdivision 1 is
effective without local approval the day following final
enactment.
Sec. 30. [INDEPENDENT SCHOOL DISTRICT NO. 284; SALE OF
BUILDINGS.]
Subdivision 1. [EXCESS SALE PROCEEDS INTO GENERAL FUND.]
Notwithstanding Minnesota Statutes, section 123.36, subdivision
13, or any other law to the contrary, Independent School
District No. 284, Wayzata, may deposit the excess proceeds from
the sale of any building owned by the district that is sold
before January 1, 1986, into the general fund after complying
with the provisions of Minnesota Statutes, section 123.36,
subdivision 13, clause (1).
Subd. 2. [EFFECTIVE DATE AND NO LOCAL APPROVAL.] Pursuant
to Minnesota Statutes, section 645.023, subdivision 1, clause
(a), subdivision 1 is effective without local approval the day
following final enactment.
Sec. 31. [INDEPENDENT SCHOOL DISTRICT NO. 622; SALE OF
BUILDINGS.]
Subdivision 1. [EXCESS SALE PROCEEDS INTO GENERAL FUND.]
Notwithstanding Minnesota Statutes, section 123.36, subdivision
13, or any other law to the contrary, Independent School
District No. 622, North St. Paul-Maplewood, may deposit the
excess proceeds from the sale of any building owned by the
district that is sold after July 1, 1983, into the general fund
after complying with the provisions of Minnesota Statutes,
section 123.36, subdivision 13, clause (1).
Subd. 2. [EFFECTIVE DATE AND NO LOCAL APPROVAL.] According
to Minnesota Statutes, section 645.023, subdivision 1, clause
(a), subdivision 1 is effective without local approval the day
following final enactment.
Sec. 32. [INDEPENDENT SCHOOL DISTRICT NOS. 524 and 525;
SPECIAL CONSOLIDATION PROVISIONS.]
Subdivision 1. [SCHOOL DISTRICT NOS. 524 and 525;
CONSOLIDATION PROVISIONS.] Independent School District No. 524,
Halstad, and Independent School District No. 525, Hendrum, as
part of an agreement to consolidate according to Minnesota
Statutes, section 122.23 or any other law, may agree to any of
the following:
(a) election districts of the size and with the population
desired by the consolidating districts; and
(b) 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 some members from
previously existing districts.
Election districts created pursuant to this agreement may
be changed or altered in the manner provided in Minnesota
Statutes, section 123.32, subdivision 15. 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.
Subd. 2. [EFFECTIVE DATE.] Pursuant to Minnesota Statutes,
section 645.023, subdivision 1, clause (a), subdivision 1 is
effective without local approval on the day following final
enactment.
Sec. 33. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 147.]
Notwithstanding any law to the contrary, Independent School
District No. 147, Dilworth, is authorized to permanently
transfer to its general fund from its capital expenditure fund
an amount not to exceed $60,000.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after compliance by the school board of Independent School
District No. 147 with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 34. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 319.]
Notwithstanding any law to the contrary, Independent School
District No. 319, Nashwauk-Keewatin, is authorized to
permanently transfer an amount not to exceed $75,000 from the
pupil transportation fund balance account entitled "appropriated
for bus purchases" to the general fund unappropriated fund
balance account for the purpose of reducing the school
district's operating debt on or before June 30, 1984.
Subd. 2. [NO LOCAL APPROVAL.] Pursuant to Minnesota
Statutes, section 645.023, subdivision 1, clause (a),
subdivision 1 is effective without local approval the day
following final enactment.
Sec. 35. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 464.]
Independent School District No. 464, Grove City, may permanently
transfer $80,000 from the capital expenditure fund to the
general fund.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after compliance by the school board of Independent School
District No. 464, Grove City, with Minnesota Statutes, section
645.021, subdivision 3.
Sec. 36. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [SCHOOL DISTRICT NO. 627; FUND TRANSFER.]
Independent School District No. 627, Oklee, may permanently
transfer $50,000 from the bus purchase account of the pupil
transportation fund to the general fund for the 1984-1985 school
year.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after compliance by the school board of Independent School
District No. 627 with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 37. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 726.]
Notwithstanding the provisions of Minnesota Statutes, section
121.912, in fiscal year 1984, Independent School District No.
726, Becker, is authorized to permanently transfer the sum of
$100,000 from the general fund of the district to the capital
expenditure fund of the district to eliminate a deficit in the
capital expenditure fund.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after compliance by the school board of Independent School
District No. 726 with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 38. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 852.]
Independent School District No. 852, Campbell-Tintah, is
authorized to make a permanent transfer of interest income from
the capital expenditure fund to the general fund before July 1,
1984, and again, before July 1, 1985.
Subd 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after compliance by the school board of Independent School
District No. 852 with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 39. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 460.]
Notwithstanding Minnesota Statutes, section 475.61, subdivision
4, or any other law to the contrary, by June 30, 1984,
Independent School District No. 460, Granada-Huntley, may
transfer to its general fund the amount of any surplus remaining
in its debt service fund when the obligations and interest
thereon for the Granada school building are paid.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after the school board of Independent School District No.
460 complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 40. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 833.]
Notwithstanding any law to the contrary, for the school year
1984-1985 Independent School District No. 833, South Washington
County, may permanently transfer an amount not to exceed
$500,000 from the capital expenditure fund to the general fund.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after compliance by the school board of Independent School
District No. 833 with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 41. [ARTS EDUCATION REPORT.]
By January 15, 1985, the department of education shall
report to the education committees of the legislature
recommendations for improving arts education in elementary and
secondary schools. The report shall include:
(1) a review of the comprehensive arts planning grants
authorized by Minnesota Statutes, sections 129B.17 to 129B.21;
(2) an assessment of the need for arts programs at
elementary and secondary schools with recommendations for
expanded arts opportunities for all students; and
(3) recommendations about establishing a Minnesota school
for the arts, specifically addressing: the need for the school;
a governance structure; administration and staffing; curriculum
components, including academic areas; student selection
procedures, tuition, transportation, and housing; capital and
operational budgets; funding provisions and sources; and ability
to serve as a statewide resource center for school districts and
staff.
Sec. 42. [REPORT ABOUT COOPERATION AND SECONDARY
VOCATIONAL COURSES.]
Subdivision 1. By January 1, 1985, the commissioner of
education shall report to the education committees of the
legislature on recommendations for allocating revenue to all
school districts on an equitable and appropriate basis for the
purpose of cooperating in providing special education, secondary
vocational programs, and academic programs. In making
recommendations, the commissioner shall consider cooperative
incentive revenues available through the intermediate school
district levies and the interdistrict cooperation aid and levy.
The commissioner shall include recommendations on offering
cooperative programs through educational cooperative service
units; education districts, as defined in Laws 1983, chapter
314, article 6, section 32; intermediate school districts; and
other cooperations formed by joint powers agreements. The
commissioner shall also review the adequacy of the existing
special education and secondary vocational funding formulas. The
commissioner shall also consider, but not be limited to, the
following factors that may affect interdistrict cooperative
efforts:
(1) types of programs being offered,
(2) type, number, and resident districts of students being
served,
(3) size of the attendance area, and
(4) the extent to which various programs are integrated
within each district or service area.
This report may include further evaluation of the report
required pursuant to Laws 1983, chapter 314, article 7, section
49.
Subd. 2. If the state board of education adopts rules
requiring school districts to offer secondary vocational
education courses, the report in subdivision 1 shall also
discuss the fiscal impact on the school districts and the impact
on a school district's ability to offer other academic elective
courses as a result of adopting rules requiring school districts
to offer secondary vocational education.
Sec. 43. [SUSPENSION ON LICENSE RULES.]
The board of teaching shall not adopt any new or amended
rules relating to licensing teachers until July 1, 1985.
Sec. 44. [DEADLINE FOR EXPERIENCE FOR MIDDLE SCHOOL
LICENSE.]
The deadline for a licensed elementary or secondary teacher
to gain the three years' Minnesota middle school teaching
experience necessary to be issued a middle school teaching
license, upon application, under Minnesota Rules, part
8700.3400, subparts 11 and 12, is extended from July 1, 1983, to
July 1, 1984.
Sec. 45. [SPECIAL EDUCATION: EARLY CHILDHOOD RULES.]
Subdivision 1. Colleges and universities which offer
approved special education: early childhood programs shall,
upon request of the state board of teaching, update their
description of assessment of previous teaching experience and
previous teacher preparation as required by Minnesota Rules,
part 8700.5501. The board of teaching shall suspend application
of Minnesota Rules, part 8700.5501, subpart 2, item F for
teachers who provide evidence to the board of teaching of two
years of teaching experience in a special education: early
childhood program setting, as verified by the employing district
superintendent.
Subd. 2. [REVIEW.] The board of teaching shall establish a
review panel to review any disputes between the teacher and the
institution relating to the assessment of previous teaching
experience and previous teacher preparation. The review panel
shall consist of two licensed practitioners in the special
education: early childhood field; one special education: early
childhood specialist in the department of education, and one
faculty member from a higher education institution offering an
approved special education: early childhood program. The
decision of the review panel shall be final.
Subd. 3. [PROVISIONAL LICENSES.] All persons holding a
provisional license in special education: early childhood,
pursuant to Minnesota Rules, part 8700.5501, subpart 4, which is
due to expire on July 1, 1984, may request an extension of the
validity of the provisional license until July 1, 1985. They
shall submit the requests to the personnel licensing section of
the department of education.
Sec. 46. [REPORT ON VISION AND HEARING ASSESSMENT.]
By February 1, 1985, the departments of education and
health shall report to the education committees of the
legislature on the assessment of pupils' vision and hearing.
These departments shall cooperate with one another and submit a
joint report. The report shall include a description of
existing programs for screening and assessment of pupils, cost
data on existing programs, evaluation of existing programs
including cost analysis, and recommendations for improvement of
existing programs or establishment of a new program to ensure
that all pupils whose learning is affected by vision or hearing
problems are identified, diagnosed, and treated.
Sec. 47. [STUDY OF AMBIENT AIR TESTING.]
The department of education shall conduct a study to
determine the feasibility of using ambient air testing as an
indicator of asbestos exposure in schools. If the department
determines that ambient air testing is feasible in schools, it
may contract for the development of ambient air standards to
measure asbestos in schools.
Sec. 48. [EARLY RETIREMENT APPLICATIONS; 1983-1984 SCHOOL
YEAR.]
Any teacher who has submitted an application for an early
retirement incentive pursuant to Minnesota Statutes, section
125.611 in a timely manner during the 1983-1984 school year,
whose application has been accepted by the commissioner of
education prior to June 30, 1984, and who is eligible for a
normal retirement annuity without reduction for age because the
teacher's attained age plus credited allowable service totals
85, shall have the option of accepting either the early
retirement incentive pursuant to Minnesota Statutes, section
125.611, or the normal retirement annuity without reduction for
age because the teacher's attained age plus credited allowable
service totals 85, but may not accept both. The teacher shall
notify the school board, the commissioner of education, and the
appropriate retirement association of his or her decision by
July 15, 1984.
Sec. 49. [DESEGREGATION VARIANCE.]
The commissioner shall approve school desegregation plans
that vary from the standard by up to an additional 15 percentage
points if the local board can justify an educational reason for
a variance to the state board from the comprehensive school
desegregation plan submitted. If the variance is approved by
the commissioner, it may result in a school building exceeding
50 percent minority enrollment if necessary.
Sec. 50. [TASK FORCE ON SCHOOL BUS SAFETY.]
Subdivision 1. [ESTABLISHMENT.] A task force on school bus
safety is established. The task force shall consist of up to 13
members appointed by the commissioner of education. The
commissioner shall appoint at least one member from the
Minnesota safety council and one member from the department of
public safety. The commissioner shall also appoint at least one
school administrator and a person to represent parents with
children who regularly ride the school bus. The task force
shall terminate by June 30, 1985.
Subd. 2. [DUTIES.] The task force shall study school bus
safety. The study shall include at least the following issues:
(1) equipment and other safety features of school bus
design, including seat belts, surface padding, and
compartmentalization;
(2) proposals for mandatory installation and use of seat
belts in school buses;
(3) relative population of school buses which are and are
not subject to federal requirements for safety features;
(4) qualifications, training, examination, and licensing of
school bus drivers;
(5) adequacy of school bus maintenance;
(6) current requirements and practices about school bus
hauling distances;
(7) safety aspects of school bus pickup points; and
(8) instruction given to school children about safe
boarding and departing procedures.
Subd. 3. [EXPENSES.] The compensation of task force
members, removal, and vacancies shall be as provided in section
15.059, subdivisions 3 and 4.
Subd. 4. [REPORT.] The task force shall report its
findings and recommendations to the commissioner of education
and the education committees of the legislature by December 1,
1984.
Sec. 51. [ADVISORY COUNCIL ON BARGAINING IMPASSE
RESOLUTION.]
Subdivision 1. There is created an advisory council on
bargaining impasse resolution whose purpose shall be to study
collective bargaining as it relates to public schools.
Subd. 2. The advisory council shall consist of 11 members
as follows: two members of the senate appointed by the
subcommittee on committees of the committee on rules and
administration; two members of the house of representatives
appointed by the speaker of the house; the director of the
bureau of mediation services or a designee; and six members of
the general public appointed by the governor. The advisory
council shall elect a chair from its membership. The advisory
council shall terminate on June 30, 1985.
Subd. 3. By January 15, 1985, the advisory council shall
submit to the legislative commission on employee relations its
report and recommendations on the impasse resolution policies
under Minnesota Statutes, sections 179.61 to 179.76 relating to
public schools. The advisory council shall study:
(1) existing provisions of state law relating to
negotiations, mediation, and impasse resolution;
(2) attitudes of public employers and employees and the
public on current collective bargaining laws relating to public
schools;
(3) collective bargaining laws in other states relating to
public schools;
(4) changes in statutory timelines and the right to strike;
and
(5) collective bargaining rights and procedures relating to
principals and assistant principals.
Subd. 4. The legislative commission on employee relations
shall provide staff for the advisory council. Members who are
legislators shall be compensated in the same manner as other
legislative meetings. The compensation of public members shall
be governed by section 15.059, subdivision 3.
Sec. 52. [FUND MERGER RECOMMENDATIONS.]
By January 1, 1985, the advisory council on uniform
financial accounting and reporting standards shall make
recommendations to the education committees of the legislature
on the need for maintaining separate school district funds. The
recommendations shall include consideration of merging the
general fund and capital expenditure fund.
Sec. 53. [INSTRUCTION TO REVISOR.]
Subdivision 1. [INTERMEDIATE SCHOOL DISTRICTS.] The
revisor of statutes shall include in the next subsequent edition
of Minnesota Statutes, and edit as authorized by law, the
uncoded permanent law relating to Intermediate School District
Nos. 287, 916, and 917.
Subd. 2. [DESEGREGATION VARIANCE.] The revisor of statutes
shall replace Minnesota Rules, part 3525.0700, first paragraph,
second sentence, with section 49.
Subd. 3. [MIDDLE SCHOOL LICENSURE.] The revisor of
statutes shall change Minnesota Rules, part 8700.3400, subparts
11 and 12, to agree with the extension made in section 44.
Sec. 54. [REPEALER.]
Subdivision 1. Minnesota Statutes 1982, section 125.60,
subdivision 2a, is repealed. Minnesota Statutes 1983
Supplement, section 129B.041, subdivision 2, is repealed.
Subd. 2. Section 28 is repealed on June 30, 1985.
Sec. 55. [APPROPRIATION.]
Subdivision 1. [BARGAINING IMPASSE STUDY.] The sum of
$12,500 is appropriated for fiscal year 1985 from the general
fund to the legislative commission on employee relations for the
advisory council bargaining impasse resolution. The sum is
available until June 30, 1985.
Subd. 2. [BUS SAFETY TASK FORCE.] The sum of $5,000 is
appropriated for fiscal year 1985 from the general fund to the
department of education for the task force on school bus
safety. The sum is available until June 30, 1985.
Subd. 3. [ARTS EDUCATION REPORT.] The sum of $148,000 is
appropriated for fiscal year 1985 from the general fund to the
department of education for the purposes of section 41.
The department of education shall not expend $118,000 of
this sum until it submits the report about establishing a
Minnesota school for the arts to the chair of the senate
education aids subcommittee and the chair of the house education
finance division and receives their advisory recommendations on
the school; failure or refusal to make a recommendation promptly
is deemed a negative recommendation.
Subd. 4. [AMBIENT AIR TESTING STUDY.] The sum of $10,000
is appropriated for fiscal year 1985 from the general fund to
the department of education for the study on ambient air
testing. This appropriation is available to match funds from
other sources if the department contracts for the development of
ambient air standards for measuring asbestos in schools. The
sum is available until June 30, 1985.
Sec. 56. [EFFECTIVE DATES.]
Subdivision 1. Sections 50, 51, and 55 are effective the
day following final enactment.
Subd. 2. Sections 3 and 21 are effective June 30, 1984.
Subd. 3. Sections 11, 15, and 48 are effective only upon
the effective date of a law passed by the 1984 legislature which
makes a teacher employed by a school district eligible for a
normal retirement annuity without reduction for age because the
teacher's attained age plus credited allowable service totals 85.
ARTICLE 8
TECHNOLOGY AND EDUCATIONAL IMPROVEMENT
Section 1. Minnesota Statutes 1983 Supplement, section
121.601, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The department
commissioner of education shall establish maintain a program for
providing in-service training to school district staff. During
the first year, the program shall provide in-service 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 in-service training programs shall be provided.
In-service training programs shall be designed to emphasize the
academic content of the subject area. They shall also offer a
broad spectrum of experiences, including activities which
require active participant involvement rather than classroom
lectures. To the extent possible, the in-service training
programs shall be integrated with the technology in-service
training provided according to sections 129B.34 and 129B.35.
Subd. 2. [NEED ASSESSMENT AND PLANNING GRANTS.] The
commissioner shall determine the needs of pupils for a subject
area using the statewide assessment program, before making
subject area recommendations to the legislature. The
commissioner shall consult with teachers of the subject area to
determine the needs of teachers.
Subd. 3. [INITIAL PROPOSALS AND PLANNING GRANTS.] The
commissioner shall request initial proposals from eligible
organizations and institutions. After reviewing the initial
proposals, the commissioner may award up to 20 grants to develop
proposals for final selection.
Subd. 2 4. [FINAL PROPOSALS.] Grant Final 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 the subject matter
knowledge 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 in-service 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
in-service 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 5. [ELIGIBLE APPLICANTS.] The department
commissioner may allocate money award grants 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 in-service
training according to this section. When approving or
disapproving awarding grants, the department commissioner shall
ensure geographic accessibility of the programs to teachers
throughout the state and a balance of programs available in
different subject areas.
Subd. 4 6. [CONSULTATION.] When making grants for the
in-service training programs according to this section reviewing
initial and final proposals, the department commissioner 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 7. [PRIVATE ADDITIONAL 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
in-service training programs in the designated subject areas.
Subd. 7 8. [APPLICATION DATES.] Applications for
in-service 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 commissioner
shall determine the dates by which initial and final proposals
are to be submitted. The department commissioner shall approve
or disapprove applications award grants each year by the
following March 1.
Sec. 2. Minnesota Statutes 1983 Supplement, section
121.608, is amended to read:
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. The plan shall be
revised as necessary.
Sec. 3. Minnesota Statutes 1983 Supplement, section
121.609, is amended to read:
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 June 30, 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 A preliminary evaluation, including a sample survey of
district personnel trained at the pilot sites, to the
commissioner shall be completed by January 1, 1985.
The commissioner, with the assistance of the advisory task
force, shall develop a long-term evaluation instrument for use
at the pilot sites and other districts utilizing the
instructional effectiveness models. The long-term evaluation
instrument shall include a method for measuring student
achievement.
Subd. 4. [REGIONAL SERVICES.] The department of education
shall contract with educational cooperative service units or
other regional educational service agencies to provide
assistance to the school districts in an educational cooperative
service unit region in implementing instructional effectiveness
models. In selecting an agency to provide assistance to the
school districts, the department shall consider such factors as
support of the proposal by the participating school districts
and the extent to which the proposal provides for participation
by school district staff. If more than one agency submits a
proposal to provide services to school districts within an
educational cooperative service unit region, the department
shall encourage the agencies to develop a joint proposal.
Subd. 5. [INSTRUCTIONAL EFFECTIVENESS TRAINING.] Utilizing
the statewide plan developed pursuant to section 121.608 and the
regional support services authorized in subdivision 4, the
department of education shall provide instructional
effectiveness training for school district staff. The training
shall be provided by building level leadership teams, as defined
in the statewide plan developed pursuant to section 121.608. The
training shall include clarification of individual school goals
and expectations, enhancement of collaborative planning and
collegial relationships among the building staff, improvement of
instructional skills and instructional climate of the school,
and planning of staff development programs.
Sec. 4. Minnesota Statutes 1982, section 123.74, is
amended to read:
123.74 [POLICY FINDINGS.]
The legislature finds that a process for curriculum
evaluation and planning is needed for continued improvement of
the educational program for all public school children in the
state, and to allow for better evaluation of educational
programs by local communities. The legislature further finds
that such a process is needed to facilitate decisions by school
boards and communities as to which services can best be provided
by the public schools and which services can or should be
provided by other institutions such as the family, the private
sector or other public agencies. The legislature further finds
that efficient use of educational resources is needed with
regard to educational technology and interdistrict cooperation.
Sec. 5. Minnesota Statutes 1982, section 123.741, as
amended by Laws 1983, chapter 314, article 8, section 9, is
amended to read:
123.741 [EDUCATION POLICY; CURRICULUM ADVISORY COMMITTEES
PLANNING, EVALUATION, AND REPORTING PROCESS.]
Subdivision 1. The school board of each school district in
the state shall develop and adopt a written educational
planning, evaluation, and reporting policy which establishes
educational instructional goals and measurable learner
objectives 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 identify annual
instructional goals and measurable learner objectives to be
addressed during the current school year. 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.
Subd. 2. The school board shall instruct the
administrative and professional staff of the district to develop
an instructional plan for the purpose of implementing the goals
established in the district educational policy within resources
available to the district. Insofar as possible the
instructional plan shall include measurable instructional
objectives to assist in directing and measuring progress toward
the goals established in the district educational policy. For
goals toward which progress is not easily measurable, the
instructional plan shall include other appropriate means to
direct and evaluate progress The school board shall instruct the
administrative and professional staff of the district to develop
an instructional plan for the purpose of implementing the
instructional goals established in the district planning,
evaluation, and reporting policy within the resources available
to the district. To the extent possible, the instructional plan
shall include instructional effectiveness processes developed
pursuant to section 121.608 and integration of curriculum and
technology developed under section 129B.33, to assist in
directing and measuring progress toward the instructional goals
established in the district planning, evaluation, and reporting
policy. For instructional goals toward which progress is not
easily measurable, the instructional plan shall include other
appropriate means to direct and evaluate progress.
Subd. 3. Each school board is encouraged to appoint shall
establish a curriculum advisory committee to provide for active
community participation in the process of developing and
revising the district educational planning, evaluation, and
reporting policy, developing the instructional plan, identifying
the annual instructional goals and measurable learner
objectives, evaluating progress, and reporting to the public.
The advisory committee shall be broadly representative of the
community served by the school district and shall include
administrative staff, teachers, parents, and other community
residents of the district. To the extent possible, parents and
other community residents shall comprise at least two-thirds of
the advisory committee.
Subd. 4. Each year a final evaluation of progress shall be
conducted, including both professional and consumer
evaluations. The professional staff evaluation shall utilize
test results and may include other performance data along with
faculty interpretations and judgments. Test results shall
include local assessment data obtained pursuant to section 6,
subdivision 2. A consumer evaluation shall include the opinions
of students, parents and other residents of the community served
by the school district.
Subd. 5. Upon receipt of After completing the annual
evaluation reports, each the school board shall review the
results and develop and adopt appropriate school district
improvement plans to improve areas where goals of the district
educational policy have not been met. The school district
improvement plans shall describe actions to be taken by the
district to correct any weakness evident from the results of the
district evaluation process.
Subd. 5 6. The district educational policy, the reports of
the annual evaluation including summary test results, and the
plans for school improvement shall be made available to the
citizens of the school district through media releases and other
means of communicating with the public. These documents By
September 1 of each year, the local school board shall adopt a
report which shall include the following:
(a) annual instructional goals which were addressed for
that year in the planning, evaluation, and reporting process;
(b) appropriate evaluation of the annual instructional
goals;
(c) the results of the professional staff evaluation
including local assessment data obtained pursuant to section 6,
subdivision 2, and any additional appropriate test data;
(d) the results of the consumer evaluation; and
(e) the annual school district improvement plans.
Every other year the report shall include an evaluation of
the assessment program pursuant to subdivision 7.
The school board shall disseminate the report to all
residents of the district by publication in the local newspaper
with the largest circulation in the district, by newsletter, or
through the United States postal service. The report shall also
be on file and available for inspection by the public. A
information copies copy of the reports report which is
disseminated to the community shall be sent to the state board
of education commissioner of education by September 1 of each
year. All activities and reports pursuant to this section shall
comply with chapter 13, and any other law governing data on
individuals in school districts.
Subd. 7. [BIENNIAL EVALUATION; ASSESSMENT PROGRAM.] At
least once every two years the school board shall evaluate the
testing program, using the following criteria:
(a) written objectives of the testing program;
(b) names of tests and grade levels tested; and
(c) utilization of test results.
Sec. 6. Minnesota Statutes 1982, section 123.742, as
amended by Laws 1983, chapter 258, section 26, is amended to
read:
123.742 [ASSISTANCE TO LOCAL SCHOOL DISTRICTS; ASSESSMENT
PROGRAMS.]
Subdivision 1. [TECHNICAL ASSISTANCE.] Insofar as
possible, the state board department of education and
educational cooperative service units shall make technical
assistance for planning and evaluation available to school
districts upon request. The department shall collect the annual
evaluation reports from local districts as provided in section
123.741, subdivision 5, and shall make this data available upon
request to any district seeking to use it for purposes of
comparisons of student performance.
Subd. 2. [LOCAL ASSESSMENT PROGRAM.] Beginning in the
1984-1985 school year, as part of the planning, evaluation, and
reporting process, each school district shall conduct an
assessment program, utilizing the local assessment option
developed by the state department of education. Every year each
school district shall conduct an assessment for at least one
curriculum area in at least three grade levels.
Subd. 3. [PARTICIPATION IN STATEWIDE ASSESSMENT PROGRAM.]
Beginning in the 1984-1985 school year, each school district
shall participate in the statewide assessment sampling process
at least once every three years to provide normative data. The
department of education shall determine which districts shall
participate and which curriculum areas shall be assessed in a
given school year.
Subd. 4. [NEEDS OF HANDICAPPED PUPILS.] School boards are
encouraged to consider the needs of handicapped students in
determining the extent of their participation in the assessment
programs in subdivisions 2 and 3. The district policy may
provide for modifications in the testing procedures for
handicapped students.
Subd. 5. [ASSESSMENT ITEM BANK.] The department of
education shall develop an assessment item bank for the purpose
of providing assessment programs to individual districts which
are tailored to the specific educational objectives of the
district. Beginning in the 1984-1985 school year and each year
thereafter, the department shall develop an item bank for at
least two curriculum areas each year. The department shall
develop an item bank for at least ten different curriculum areas.
Subd. 6. [ADDITIONAL TESTING.] The department upon written
agreement with local school districts may perform additional
testing and evaluation of students. The department may collect
a reasonable fee not to exceed the actual cost of services.
Subd. 3 7. [CURRICULUM INFORMATION.] The department may
provide available curriculum information for improving teaching
practices at public elementary, secondary and post-secondary
vocational schools. The information may be provided upon the
request of a school district or an educational cooperative
service unit with which the department has a written agreement.
The department may collect reasonable fees not to exceed its
actual costs for this service. The department may also accept
money from any public or private source to defray the cost of
this service.
Subd. 4 8. [CAREER INFORMATION.] The department of
education may provide career information to school districts and
educational systems. The department may collect reasonable fees
for subscriptions to the Minnesota career information service.
Sec. 7. Minnesota Statutes 1983 Supplement, section
123.743, is amended to read:
123.743 [APPROPRIATION.]
There is annually appropriated from the general fund to the
department of education any and all amounts received by the
department pursuant to section 123.742, subdivisions 2 6, 3 7,
and 4 8.
Sec. 8. [123.7431] [AID FOR PLANNING, EVALUATION, AND
REPORTING PROCESS.]
Subdivision 1. [ELIGIBILITY.] Each school district which
completes the planning, evaluation, and reporting process
pursuant to the requirements of sections 123.741 and 123.742 and
which receives approval from the commissioner of education is
eligible to receive state aid. An eligible school district
shall receive $1 times average daily membership for the
applicable school year. No district which is eligible for aid
shall receive less than $1,500.
Subd. 2. [PAYMENT OF AID.] The department of education
shall pay aid to a district within 30 days of approving the
district's planning, evaluation, and reporting process.
Sec. 9. [129B.10] [RESEARCH AND DEVELOPMENT GRANTS.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to support research on alternative educational structures and
practices within public schools and to develop alternatives that
are based on research.
Subd. 2. [ADVISORY TASK FORCE.] The council on quality
education shall appoint an advisory task force on research and
development for alternative educational structures and
practices. The advisory task force shall consist of at least 11
members. All members shall have knowledge and experience in
educational research, educational administration, or teaching.
The advisory task force shall assist the council in carrying out
its responsibilities under this section. The terms,
compensation, and removal of members shall be governed by the
provisions of section 15.059, subdivision 6.
Subd. 3. [RESEARCH AND DEVELOPMENT SUBJECTS.] The council
shall select subjects for research and development focusing on
alternative educational structures and practices. The subjects
may include, but are not limited to, the following:
(1) school site management;
(2) development of individualized education plans for all
students;
(3) alternative staff compensation plans;
(4) alternative educational delivery systems;
(5) outcome based education; and
(6) provision of educational programs in school districts
by contracting with professional partnerships composed of
licensed teachers.
Subd. 4. [PRELIMINARY STUDIES.] The council shall contract
for preliminary studies to assist it in establishing research
and development needs and selecting subjects for proposals.
Preliminary studies shall include recommendations for evaluation
procedures which the council may use if the council issues a
grant for research and development in that particular subject.
Subd. 5. [REPORT TO LEGISLATURE; SUBJECTS.] By February 1,
1985, the council shall report to the education committees of
the legislature on the research needs that the council has
identified, the recommended subjects for proposals, and the
potential need for changes in rules and laws to facilitate the
research and development programs. The report shall include
specific proposals for independent evaluation of research and
development programs which will be funded under the provisions
of this section. The legislature shall consider the
recommendations of the council in determining the appropriation
for grants to be disbursed under the provisions of this section.
Subd. 6. [RESEARCH AND DEVELOPMENT GRANTS.] By June 1,
1985, the council shall request proposals on three to six
research and development subjects. Each request for proposals
shall state the method by which a funded program will be
evaluated. By September 1, 1985, the council shall review the
proposals it receives and award grants.
Subd. 7. [REPORT TO LEGISLATURE; RESEARCH REPORTS.] By
February 1, 1988, the council shall report to the education
committees of the legislature. The report shall include the
council's evaluation of each research and development program,
recommendations for institutional changes in the structure of
elementary and secondary education, and recommendations for
other ways of improving elementary and secondary education.
Sec. 10. Minnesota Statutes 1983 Supplement, section
129B.32, subdivision 3, is amended to read:
Subd. 3. [COURSEWARE PACKAGE.] "Courseware package" means
integrated videotape and videodisk, computer disk, and software
and its, supporting materials, such as workbooks and textbooks,
and other computer support hardware that is an integral part of
an educational software package, such as a printed circuit
board, voice synthesizer which enables speech production and its
speaker, tap master, valve simulator, and digital to analog
converter board. It does not mean a central processing unit,
disk drive, video monitor, printer, or similar items.
Sec. 11. Minnesota Statutes 1983 Supplement, section
129B.36, subdivision 7, is amended to read:
Subd. 7. [EVALUATION OF SITES.] The state board advisory
committee shall evaluate the technology demonstration sites. It
may contract with independent evaluators for this purpose.
Sec. 12. [SHARED FACILITIES REPORT.]
The commissioner of education shall collect information on
and evaluate methods for sharing public school facilities with
other organizations including government agencies, social
service agencies, and other nonprofit and for-profit
organizations. By January 1, 1985, the commissioner shall
prepare a written report and make it available in published form
to school districts and other interested persons. In developing
this report the commissioner shall consult with persons in
school districts in Minnesota and other states that are sharing
facilities.
Sec. 13. [STUDY OF TEACHER EDUCATION.]
Subdivision 1. [HIGHER EDUCATION COORDINATING BOARD.] The
higher education coordinating board shall conduct a study, in
cooperation with the board of teaching, of teacher education
programs in public and private institutions of higher
education. The study shall result in a report and
recommendations on the number, enrollment, mission, and location
of all teacher education programs. The report shall include
information and recommendations on the need for in-service
education and the relationship of in-service, preservice, and
graduate education. It shall also include information and
recommendations for improving the quality and efficiency of
teacher education programs by the use of standardized tests for
beginning teachers, alternative methods of teacher preparation
and licensure, and other means. The report shall be submitted
to the education committees of the legislature by January 1,
1985.
Subd. 2. [FACTORS.] In developing its recommendations, the
higher education coordinating board shall consider factors
including, but not limited to:
(a) the existing pool of licensed but inactive teachers;
(b) the demand for teachers in preschool, elementary, and
secondary education;
(c) the number of teacher education programs and the annual
number of graduates;
(d) admission criteria for teacher education programs;
(e) access of students to special or unique programs;
(f) procedures for licensing qualified, unlicensed
individuals;
(g) the feasibility of modifying state criteria for teacher
licensure;
(h) teacher preparation and licensure procedures in other
states;
(i) available information about the use and effectiveness
of standardized tests for beginning teachers; and
(j) possible alternative methods for licensure such as an
undergraduate degree in a subject area plus an extended
internship program.
Sec. 14. [COOPERATION OF BOARDS AND INSTITUTIONS.]
All higher education governing boards and public and
private institutions are requested to cooperate fully with the
higher education coordinating board in the preparation of the
teacher education study, pursuant to section 136A.05.
Sec. 15. [SCHOOL MANAGEMENT TASK FORCE.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
education shall appoint a task force to make recommendations
about an assessment center and in-service training for
principals and assistant principals. The task force shall
consist of 13 members. One member shall be from the elementary
school principals association, one member shall be from the
secondary school principals association, one member shall
represent the educational cooperative service units, and one
member shall be from each of the following organizations:
Minnesota association of school administrators, Minnesota school
boards association, administrative women in education, Minnesota
federation of teachers, and Minnesota education association. The
commissioner shall appoint a member from the University of
Minnesota or from another institution with a teacher preparation
program, or both. Members of the task force shall receive
expenses in the same manner and amount as state employees. The
task force shall terminate on January 1, 1986.
Subd. 2. [DUTIES.] The task force shall make
recommendations to the commissioner of education about the types
of in-service training that are needed and how to provide
effective in-service training for principals. The task force
shall also make recommendations to the commissioner about an
assessment center, including the costs of operation, staffing,
manner of operation, services to be provided, fees for school
districts, and other matters. The assessment center shall be
located at the University of Minnesota.
Sec. 16. [SUMMER INSTITUTE STUDY.]
The academic excellence foundation shall report to the
education committees of the legislature by January 15, 1985, on
the availability of and need for summer institutes at or
conducted by post-secondary institutions for secondary students
who are outstanding in the areas of mathematics, science, and
foreign languages.
Sec. 17. [DEPARTMENT OF EDUCATION APPROPRIATIONS.]
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 IN-SERVICE TRAINING.] The sum of
$270,000 is appropriated for subject area in-service training,
according to section 121.601. This appropriation is in addition
to the $500,000 appropriated to provide subject area in-service
training by Laws 1983, chapter 314, article 8, section 26,
subdivision 2.
(a) Of the sum, $210,000 shall be used for grants for
in-service training in the following:
Math........................$ 65,000
Science.....................$105,000
Social Studies..............$ 40,000
The in-service training shall emphasize academic content in
each of the subject areas. The grants shall be in addition to
those awarded in fiscal 1984.
(b) The remaining $60,000 shall be for the department to
assess future needs for subject area in-service training and for
planning grants. The assessment and planning grants shall
emphasize the academic content of the subject area.
Subd. 3. [INSTRUCTIONAL EFFECTIVENESS; EVALUATION
INSTRUMENT.] The sum of $250,000 is appropriated for the
development of the training models specified in section 121.609,
subdivision 4, as amended, and for the development of a
long-term evaluation instrument pursuant to section 121.609,
subdivision 3.
Subd. 4. [INSTRUCTIONAL EFFECTIVENESS; REGIONAL SERVICES.]
The sum of $330,000 is appropriated for the purposes of section
121.609, subdivision 4, as amended. The department shall
allocate this appropriation to the educational cooperative
service unit regions based on a formula that takes into account
the number of school buildings, number of participating staff,
and geographic distance between the service provider and the
participating school districts. Any educational cooperative
service unit or other provider agency receiving funds pursuant
to this section shall match the funds with an amount equal to 25
percent of the allocation.
Subd. 5. [INSTRUCTIONAL EFFECTIVENESS; TRAINING.] The sum
of $250,000 is appropriated for the purposes of section 121.609,
subdivision 5, as amended. This amount shall be used to pay for
the costs of providing instructional effectiveness training to
school district staff, including the costs of stipends or
substitute teachers.
Subd. 6. [INSTRUCTIONAL EFFECTIVENESS ADMINISTRATION.] The
sum of $70,000 is appropriated for the purposes of administering
the instructional effectiveness program.
Subd. 7. [SHARED FACILITIES REPORT.] The sum of $10,000 is
appropriated for the purposes of preparing a report on methods
for sharing public school facilities.
Subd 8. [RESEARCH AND DEVELOPMENT GRANTS.] The sum of
$150,000 is appropriated for the council on quality education
for the research and development grant program authorized in
section 9. No more than $80,000 of this appropriation shall be
used for staff expenses. The department of education may
increase its authorized complement for the council on quality
education until June 30, 1985, by one professional and one
clerical position to provide support for the grant program. At
least $50,000 of this appropriation shall be used for contracts
for preliminary studies.
Subd. 9. [SCHOOL MANAGEMENT.] The sum of $25,000 is
appropriated for school management. Of this sum $10,000 is for
the school management task force. The remaining $15,000 is to
be used by the commissioner of education for initial
administrative costs in establishing an assessment center.
Subd. 10. [LOCAL ASSESSMENT PROGRAM.] The sum of $575,000
is appropriated for fiscal year 1985 for the purposes of
implementing the requirements of section 6, subdivision 2. The
department may use up to $200,000 of the appropriation for
initial costs of establishing the program. The department may
use up to $150,000 to increase the staff complement in the
assessment section, $50,000 of which shall be used for one
additional professional position. The remaining $100,000 is
available for three positions in the assessment section and
associated expenses currently funded with federal block grant
dollars. This $100,000 shall not be released until the
commissioner of education has verified to the commissioner of
finance that federal funding for these positions is no longer
available and has not been transferred to another section in the
department. In the event of a transfer from federal to state
funding, the complement for the affected positions is also
transferred from federal to state status.
Subd. 11. [DEVELOPMENT OF TEST ITEM BANK.] The sum of
$320,000 is appropriated for fiscal year 1985 for the purposes
of section 6, subdivision 5. The department may use up to
$80,000 of the appropriation to increase the state complement by
two positions in the assessment section.
Subd. 12. [PLANNING, EVALUATION, AND REPORTING PROCESS.]
The sum of $1,020,000 is appropriated for fiscal year 1985 for
the purposes of section 8. Any unexpended balance remaining
from this appropriation for fiscal year 1985 shall not cancel
but shall be available for use in fiscal year 1986 until
November 1, 1985.
Subd. 13. [TECHNOLOGY DEMONSTRATION SITES.] The sum of
$581,000 is appropriated to fund the technology demonstration
site proposals under Minnesota Statutes, section 129B.36, which
were the first, second, third, 12th, and 15th highest proposals
rated by the advisory committee on technology in education. The
grants awarded to each of the districts submitting these
proposals shall be for use during the 1983-1984 and 1984-1985
school years and shall not exceed the actual amount of the grant
proposal submitted to the state board of education or $125,000,
whichever is less.
Sec. 18. [HECB APPROPRIATION.]
The sum of $20,000 is appropriated from the general fund to
the higher education coordinating board to conduct a study of
teacher education programs. A portion of this sum may be used
for consultants. The sum shall be available until June 30, 1985.
Sec. 19. [EFFECTIVE DATE.]
Sections 1, 2, 3, 9, 12, 13, 14, 15, 17, and 18 are
effective the day following final enactment.
ARTICLE 9
CASH FLOW
Section 1. Minnesota Statutes 1983 Supplement, section
121.904, subdivision 4a, 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 plus 32 percent of the amount of the
levy certified in the prior calendar year according to section
275.125, subdivision 2d, plus or minus auditor's adjustments,
not including levy portions that are assumed by the state; or
(3) thirty-two percent of the amount of the levy certified
in the 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;
and
(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. Minnesota Statutes 1982, section 121.904, is
amended by adding a subdivision to read:
Subd. 4c. [PROPERTY TAX SHIFT REDUCTION.] (a) For the
purpose of this subdivision, "combined fund balance" means the
sum of the fund balance determined by the commissioner of
finance pursuant to section 9 of this article, after transfers
to the education aids increase account, plus the balance in the
education aids increase account.
(b) If the combined fund balance exceeds $58,000,000, the
levy recognition percent specified in subdivision 4a, clauses
(b)(2) and (b)(3), shall be reduced for taxes payable in 1985
and thereafter according to the provisions of this subdivision.
(c) The levy recognition percent shall equal the result of
the following computation: 32 percent, times the ratio of
(1) the statewide total amount of levy recognized in June
1985 pursuant to subdivision 4a, clause (b), reduced by the
amount of the combined fund balance in excess of $50,000,000, to
(2) the statewide total amount of the levy recognized in
June 1985 pursuant to subdivision 4a, clause (b).
The result shall be rounded up to the nearest whole percent.
However, in no case shall the levy recognition percent be
reduced below 24 percent.
Sec. 3. Minnesota Statutes 1983 Supplement, section
124.155, subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF ADJUSTMENT.] Beginning with In
fiscal year 1984 and each year thereafter, state aids and
credits enumerated in subdivision 2 payable to any school
district in a particular fiscal year for that fiscal year shall
be adjusted, in the order listed, by an amount equal to (1) the
amount the district recognized as revenue for the prior fiscal
year pursuant to section 121.904, subdivision 4a, clause (b), as
amended by Laws 1982, third special session chapter 1, article
3, section 1; minus (2) the amount the district recognizes as
revenue for the current fiscal year pursuant to section 121.904,
subdivision 4a, clause (b), as amended by Laws 1982, third
special session chapter 1, article 3, section 1. Any loan
amount authorized from the cash flow loan fund or For the
purposes of making the aid adjustment under this subdivision,
the amount the district recognizes as revenue for either the
prior fiscal year or the current fiscal year pursuant to section
121.904, subdivision 4a, clause (b), shall not include any
amount levied pursuant to section 275.125, subdivision 2d.
Payment from the permanent school fund shall not be adjusted
pursuant to this section. The school district shall be notified
of the amount of the adjustment made to each payment pursuant to
this section.
Sec. 4. Minnesota Statutes 1983 Supplement, section
124.195, subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] This section applies to
all aids or credits paid by the commissioner of education from
the general fund of the state of Minnesota to school districts
except as provided in section 124.5629. The procedures
described in this section for making disbursements to school
districts will be used starting in fiscal year 1984, except that
for districts that have tax anticipation certificates or aid
anticipation certificates which were sold prior to June 30,
1983, and which mature prior to June 30, 1984, the payment
schedules specified in Minnesota Statutes 1982 may continue to
be used in fiscal year 1984 if the school district provides
evidence to the commissioner of education that the payment
schedules established in this section would jeopardize repayment
of these certificates or prevent the district from making
payments for other services without additional borrowing.
Sec. 5. Minnesota Statutes 1983 Supplement, section
124.195, subdivision 9, is amended to read:
Subd. 9. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] The
following aids shall be paid at 100 percent of the entitlement
for the current fiscal year: school lunch aid, according to
section 124.646; teacher institute aid, campus laboratory school
aid, and high technology aids hearing impaired support services
aid, according to section 121.201; and educational improvement
aids, according to sections 121.601, 129B.33, 129B.34, and
129B.36.
Sec. 6. Minnesota Statutes 1983 Supplement, section
124.195, is amended by adding a subdivision to read:
Subd. 11. [NONPUBLIC AIDS.] The state shall pay to each
school district 85 percent of its aid for pupils attending
nonpublic schools, according to sections 123.931 to 123.947 by
December 31. The final aid distribution shall be made by
December 31 of the following school year.
Sec. 7. Minnesota Statutes 1982, section 475.61,
subdivision 1, is amended to read:
Subdivision 1. [DEBT SERVICE RESOLUTION.] The governing
body of any municipality issuing general obligations shall,
prior to delivery of the obligations, levy by resolution a
direct general ad valorem tax upon all taxable property in the
municipality to be spread upon the tax rolls for each year of
the term of the obligations. The tax levies for all years for
municipalities other than school districts shall be specified
and such that if collected in full they, together with estimated
collections of special assessments and other revenues pledged
for the payment of said obligations, will produce at least five
percent in excess of the amount needed to meet when due the
principal and interest payments on the obligations. The tax
levies for school districts shall be specified and such that if
collected in full they, together with estimated collection of
other revenues pledged for the payment of the obligations, will
produce between five and six percent in excess of the amount
needed to meet when due the principal and interest payments on
the obligations; except that, with the permission of the
commissioner of education, a school board may specify a tax levy
in a higher amount if necessary because of either to meet an
anticipated tax delinquency or for cash flow needs to meet the
required payments from the debt redemption fund. Such
resolution shall irrevocably appropriate the taxes so levied and
any special assessments or other revenues so pledged to the
municipality's debt service fund or a special debt service fund
or account created for the payment of one or more issues of
obligations. The governing body may, in its discretion, at any
time after the obligations have been authorized, adopt a
resolution levying only a portion of such taxes, to be filed,
assessed, extended, collected, and remitted as hereinafter
provided, and the amount or amounts therein levied shall be
credited against the tax required to be levied prior to delivery
of the obligations.
Sec. 8. Minnesota Statutes 1983 Supplement, 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 redemption 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 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 or for cash flow needs to meet the
required payments from the debt redemption fund.
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. 9. [EDUCATION AIDS INCREASE ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] There is established an
education aids increase account in the general fund of the state
treasury for the deposit of funds to insure adequate funding for
increases in aids to school districts for the biennium beginning
July 1, 1985.
Subd. 2. [INITIAL TRANSFER.] The commissioner of finance
shall transfer $23,000,000 to the education aids increase
account on July 1, 1984.
Subd. 3. [CONTINGENT TRANSFERS.] If forecasts of general
fund revenues and expenditures prepared by the commissioner of
finance pursuant to chapter 16A prior to December 1, 1984,
indicate a projected general fund balance for the biennium
ending June 30, 1985, the commissioner shall transfer the amount
of the balance to the education aids increase account; however,
in no case shall the cumulative total of all transfers according
to this subdivision exceed $27,000,000. Transfers to the
education aids increase account shall remain in the account
until expended.
Subd. 4. [EXPIRATION OF ACCOUNT.] The education aids
increase account shall expire on June 30, 1987. Any unexpended
moneys in the education aids increase account on June 30, 1987,
shall be transferred to the general fund.
Sec. 10. [CERTIFICATION AND NOTICE OF PERCENT.]
The commissioner of finance shall certify to the
commissioner of education the levy recognition percent computed
under section 2 of this article by January 5, 1985. The
commissioner of education shall notify school districts of any
change by January 15, 1985.
Sec. 11. [TRANSFER IN FISCAL YEAR 1985 FOR ADDITIONAL
AIDS.]
The commissioner of finance shall transfer from the general
fund to the education aids appropriations specified by the
commissioner of education, the amounts needed to finance the
additional payments required because of the reduction pursuant
to section 2 of this article of the levy recognition percentage
in Minnesota Statutes, section 121.904, subdivision 4c. Payments
to a school district of additional state aids resulting from a
reduction in the levy recognition percentage pursuant to section
2 of this article, shall be added to the cash metering system,
according to Minnesota Statutes, section 124.195, after January
15, 1985, and shall be paid in a manner consistent with the
percentage specified in that section.
Sec. 12. [CASH FLOW EVALUATION.]
The commissioner of finance, in cooperation with the
commissioner of education and the Minnesota association of
school business officials, shall evaluate the impact on school
districts of the cash flow provisions of Minnesota Statutes,
chapter 124. The commissioner shall report the findings, along
with recommendations, to the education committees of the
legislature by February 15, 1985.
Sec. 13. [REPEALER.]
Minnesota Statutes 1982, sections 124.246, subdivision 5;
124.26, subdivision 5; 124.572, subdivision 8a; 124.573,
subdivision 6; and 124.574, subdivision 8, are repealed.
Minnesota Statutes 1983 Supplement, sections 124.225,
subdivision 12; and 124.271, subdivision 6, are repealed.
Sec. 14. [APPROPRIATION.]
The appropriation for payment of support services for
hearing impaired persons, according to Laws 1983, chapter 314,
article 3, section 19, subdivision 8, for fiscal year 1985 is
increased by $6,000, from $37,000 to $43,000.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 and 9 are effective the day following final
enactment. Section 3 is effective the day following final
enactment and shall apply to the adjustment made pursuant to
Minnesota Statutes, section 124.155 in fiscal year 1984 and
thereafter.
Approved April 24, 1984
Official Publication of the State of Minnesota
Revisor of Statutes