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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 258-H.F.No. 983 
           An act relating to education; adding post-secondary 
          vocational technical representation to UFARS and ESV 
          computer councils; providing for certain duties of the 
          state board of vocational technical education and the 
          state director of vocational technical education; 
          providing for uniform statutory terminology; amending 
          Minnesota Statutes 1986, sections 120.05; 121.901, 
          subdivision 1; 121.933; 121.934, subdivisions 1 and 2; 
          123.37, subdivision 1a; 126.12, subdivision 2; 
          136C.04, subdivision 12, and by adding a subdivision; 
          and 136C.29, subdivision 5; repealing Minnesota 
          Statutes 1986, sections 136C.32; and 136C.35. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 120.05, is 
amended to read:  
    120.05 [PUBLIC SCHOOLS.] 
    Subdivision 1.  [CLASSIFICATION.] For the purpose of 
administration all public schools are classified under the 
following heads, provided the requirements in subdivision 2 are 
met: 
    (1) Elementary, 
    (2) Middle school, 
    (3) Secondary, 
    (4) Vocational center school,.  
    (5) Area vocational Technical school. 
    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 school is a school 
operated according to the standards established by the state 
board of vocational technical education. 
    Sec. 2.  Minnesota Statutes 1986, section 121.901, 
subdivision 1, is amended to read:  
    Subdivision 1.  There is created an advisory council on 
uniform financial accounting and reporting standards, composed 
of 13 members appointed as follows: 
    (1) Two employees of the state department of education 
appointed by the commissioner of education; 
    (2) An employee of the office of state auditor appointed by 
the state auditor; 
    (3) One licensed certified public accountant appointed by 
the state board of education; 
    (4) Nine Eight persons who are representative of the 
various size school districts in the state and who are public 
school employees whose positions involve activities related to 
school financing and accounting, appointed by the state board; 
and 
    (5) One person appointed by the state director of 
vocational technical education. 
    Professional associations composed of persons eligible to 
be appointed under clauses (3) and (4) may recommend nominees 
from their associations to the state board. 
    Sec. 3.  Minnesota Statutes 1986, section 121.933, is 
amended to read:  
    121.933 [STATEWIDE MANAGEMENT INFORMATION SYSTEM; 
DELEGATION OF POWERS AND DUTIES.] 
    Subdivision 1.  [PERMITTED DELEGATIONS.] The state board of 
vocational technical education, the state board of education, 
and the department may provide, by the delegation of powers and 
duties or by contract, for the implementation and technical 
support of ESV-IS and SDE-IS, including the development of 
applications software pursuant to section 121.931, subdivision 
5, by the Minnesota educational computing consortium, by a 
regional management information center or by any other 
appropriate provider.  
    Subd. 2.  [PROHIBITED DELEGATIONS.] The state board of 
vocational technical education, the state board of education, 
and the department may not delegate to the Minnesota educational 
computing consortium any of their powers and duties to develop 
policy and to plan for ESV-IS and SDE-IS, to monitor and enforce 
compliance with rules and data standards, or to approve the 
actions of districts and regions.  Powers and duties which may 
not be delegated include the powers and duties in sections 
121.931, subdivisions 3, 4, 6, 7, and 8 and 121.932, 
subdivisions 1 and 2.  
    Sec. 4.  Minnesota Statutes 1986, section 121.934, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION.] An advisory council to the 
state board consisting of 11 members appointed by the governor 
is hereby established.  Section 15.059, subdivisions 2, 4, and 
5, shall govern membership terms, compensation of members, 
removal of members, and the filling of membership 
vacancies shall be as provided in section 15.059.  The governor 
is encouraged to solicit the suggestions of the state board, the 
governing boards of regional management information centers, and 
school boards in selecting members of the council.  
    Sec. 5.  Minnesota Statutes 1986, section 121.934, 
subdivision 2, is amended to read:  
    Subd. 2.  [MEMBERSHIP.] The council shall be composed of:  
    (a) four representatives of school districts, including one 
school district administrator from a rural school district, one 
school district administrator from an urban school district, one 
school board member from a rural school district, and one school 
board member from an urban school district;  
    (b) three persons employed in management positions in the 
private sector, at least two of whom are data processing 
managers or hold an equivalent position in the private sector;  
    (c) three persons employed in management positions in the 
public sector other than elementary, secondary, or vocational 
education, at least two of whom are data processing managers or 
hold an equivalent position in the public sector; and 
    (d) one person from the general public; and 
    (e) one person representing post-secondary vocational 
technical education.  
    Members selected pursuant to clauses (b) and (c) shall not 
be employees or board members of local school districts or the 
department of education.  The council shall include at least one 
resident of each congressional district.  
    Sec. 6.  Minnesota Statutes 1986, section 123.37, 
subdivision 1a, is amended to read:  
    Subd. 1a.  The board may authorize its superintendent or 
business manager, or technical institute director in those 
districts operating a technical institute, to lease, purchase, 
and contract for goods and services within the budget as 
approved by the board, provided that any transaction in an 
amount exceeding the minimum amount for which bids are required 
must first be specifically authorized by the board and must 
fulfill all other applicable requirements in subdivision 1. 
    Sec. 7.  Minnesota Statutes 1986, section 126.12, 
subdivision 2, is amended to read:  
    Subd. 2.  Except for technical institutes, every Saturday 
shall be a school holiday, except that school may be held on a 
Saturday if necessary to meet the requirement in section 124.19 
of making a good faith attempt to make up time lost on account 
of circumstances which were beyond the control of the school 
board.  The school board shall determine the number of school 
days of each school year on or before April 1 of the calendar 
year in which such school year commences. 
    Sec. 8.  Minnesota Statutes 1986, section 136C.04, 
subdivision 12, is amended to read:  
    Subd. 12.  [PROGRAMS AND COURSES.] The state board shall 
approve, disapprove, and coordinate programs and courses.  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 and courses 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 and 
courses.  
    In the case of intermediate districts, the state board may 
apply the following criteria when adding, eliminating, 
transferring, or changing programs and courses:  
    (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. 9.  Minnesota Statutes 1986, section 136C.04, is 
amended by adding a subdivision to read: 
    Subd. 19.  [GIFTS; BEQUESTS.] The state board may receive 
and accept on behalf of the state any gift, bequest, devise, or 
endowment that any person, firm, corporation, or association 
makes to the board by will, deed, gift, devise, endowment, or 
otherwise for the purpose of vocational technical education.  
Use of the money may not be inconsistent with the terms and 
conditions under which the money was received by the board.  
Gifts, bequests, devises, or endowments are appropriated to the 
board for the purposes stated.  All taxes and special 
assessments constituting a lien on real property received and 
accepted by the board under this subdivision must be paid in 
full before title is transferred.  
    Sec. 10.  Minnesota Statutes 1986, section 136C.29, 
subdivision 5, is amended to read:  
    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 
136C.07, subdivision 5.  The aid shall be placed in the repair 
and betterment fund and used solely for the purposes of 
reconstructing, improving, remodeling, and repairing existing 
AVTI buildings and grounds.  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 state director.  The process in section 136C.28 
shall not constitute approval for this purpose.  Use of the aid 
shall be governed by the provisions of section 136C.07, 
subdivision 5. 
    Sec. 11.  [REPEALER.] 
    Minnesota Statutes 1986, sections 136C.32 and 136C.35, are 
repealed. 
    Sec. 12.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes is instructed to change the words 
"AVTI," "area vocational technical institute," "vocational 
technical institute," "area vocational technical school," 
"vocational technical school," "vocational school," "vocational 
institute," "technical school," and "school," and the plurals of 
each to "technical institute" or "technical institutes" when 
they refer to an institute operated according to standards 
established by the state board of vocational technical 
education.  The change shall be made in Minnesota Statutes 1988 
and subsequent editions of the statutes. 
    Approved May 27, 1987