Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 122-S.F.No. 563 
           An act relating to education; requiring the state 
          board of vocational technical education to adopt 
          policies about minimum class size and placement 
          ratios; exempting certain monetary distributions from 
          certain contract procedures; validating certain 
          adopted emergency rules; amending Minnesota Statutes 
          1984, sections 123.33, subdivision 14; 125.031; 
          136C.04, subdivisions 9 and 12; 136C.042, subdivision 
          1; 136C.26, subdivision 1; 136C.28, subdivision 1; and 
          136C.31; repealing Minnesota Statutes 1984, sections 
          125.055 and 136C.27, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 123.33, 
subdivision 14, is amended to read: 
    Subd. 14.  The A school board of any school district of 
this state, including a school board as defined in section 
136C.02, subdivision 8, by a two-thirds vote may become a member 
of an association of a vocational schools association and may 
appoint one or more of its members to attend the annual meeting 
of such association.  The amount of annual membership dues in 
the association and actual and necessary expenses incurred in 
attending such meeting shall be paid as other expenses of the 
district are paid.  
    Sec. 2.  Minnesota Statutes 1984, section 125.031, is 
amended to read:  
    125.031 [LICENSURE, AREA VOCATIONAL-TECHNICAL 
SCHOOL EXEMPTION FOR AVTI INSTRUCTORS TEACHING LESS THAN 61 
HOURS A FISCAL YEAR.] 
    Notwithstanding section 125.03, subdivision 1, a person who 
teaches in an adult extension a part-time vocational technical 
education program not more than 61 hours per fiscal year is 
exempt from a license requirement. 
    Sec. 3.  Minnesota Statutes 1984, section 136C.04, 
subdivision 9, is amended to read: 
    Subd. 9.  [LICENSURE.] The state board may promulgate 
rules, according to the provisions of chapter 14, for licensure 
of teaching, support, and supervisory personnel in 
post-secondary and adult vocational education.  The state board 
may adopt emergency licensure rules, according to sections 14.29 
to 14.36, when necessary for continuous programs approved by the 
board and when the board determines that appropriate licensure 
standards do not exist. 
    Sec. 4.  Minnesota Statutes 1984, section 136C.04, 
subdivision 12, is amended to read: 
    Subd. 12.  [PROGRAMS.] The state board shall approve, 
disapprove, and coordinate programs.  The state board shall 
adopt policies that include at least minimum class sizes and 
placement ratios.  After consultation with affected school 
boards, the state board may add, eliminate, transfer, or change 
programs as it determines advisable.  The state board shall 
consider the integrated services of secondary, post-secondary, 
and adult vocational education when it reviews intermediate 
district programs.  
    In the case of intermediate districts, the state board may 
apply the following criteria when adding, eliminating, 
transferring, or changing programs:  
    (a) the school board may be allowed to continue offering 
integrated secondary, post-secondary, and adult programs; and 
    (b) the school board may determine the use of facilities 
and equipment for secondary, post-secondary, adult, and special 
education programs and educational services for low incidence 
populations.  
    Sec. 5.  Minnesota Statutes 1984, section 136C.042, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BOARD APPROVAL.] The state board may 
approve, disapprove, or modify a plan for awarding associate 
degrees at an area 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 shall 
include cooperation with a collegiate institution unless 
cooperation is not practicable.  The state board may approve an 
area 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 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.
    Sec. 6.  Minnesota Statutes 1984, section 136C.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICABILITY.] For the 1983-1984 and 
1984-1985 school years, For the purposes of sections 136C.26 to 
136C.37, and 136C.41, the following terms have the meanings 
given them.  
    Sec. 7.  Minnesota Statutes 1984, section 136C.28, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BUDGET SUBMISSION.] Before January 1, 
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.  
    Sec. 8.  Minnesota Statutes 1984, section 136C.31, is 
amended to read: 
    136C.31 [DISTRIBUTION OF MONEY.] 
    Subdivision 1.  [ALLOCATE BY LAW.] All money, whether 
state, federal, or from other sources, which may be made 
available to the state board for carrying out the purposes of 
post-secondary vocational technical education shall be allocated 
by the state board to districts in accordance with law. 
    Subd. 2.  [NO CONTRACT APPROVAL.] State and federal aids 
and discretionary or entitlement grants distributed by the state 
board are not subject to chapter 16B or to the contract approval 
procedures of the commissioner of administration.  The state 
board shall adopt internal procedures to administer and monitor 
aids and grants. 
    Sec. 9.  [ADOPTED EMERGENCY RULES.] 
    The emergency rules promulgated pursuant to Laws 1984, 
chapter 654, article 4, section 3, and adopted by the higher 
education coordinating board on March 21, 1985, are effective 
April 29, 1985, without further administrative action.  Students 
may borrow retroactively under these rules to cover educational 
expenses incurred during the 1984-1985 academic year.  These 
emergency rules shall expire on the date that emergency rules 
adopted by the board under the administrative procedure act are 
effective or on June 30, 1985, whichever occurs first. 
    Sec. 10.  [REVISOR REQUEST.] 
    The revisor of statutes is requested to change the heading 
of Minnesota Statutes, section 136C.26, to read "[VOCATIONAL AID 
DEFINITIONS.]." 
    Sec. 11.  [REPEALER.] 
    Minnesota Statutes 1984, sections 125.055 and 136C.27, 
subdivision 1, are repealed. 
    Sec. 12.  [EFFECTIVE DATE.] 
    This act is effective July 1, 1985. 
    Approved May 15, 1985