Office of the Revisor of Statutes
Minnesota Session Laws - 1988, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1988
CHAPTER 718-H.F.No. 2245
An act relating to education; establishing general
education revenue; modifying aspects of educational
programs for American Indian people; providing for
certain levying authority and limitations; modifying
certain levies, aid, and grant programs; establishing
learning year program sites; providing for revenue for
school facilities; authorizing bonding; approving
capital loans; offering free admission to secondary
school to eligible persons at least 21 years of age;
creating education district revenue; providing for the
sale of permanent school fund lands; requiring certain
changes in the state high school league; creating a
task force on education organization; appropriating
money; amending Minnesota Statutes 1986, sections
92.06, subdivision 4; 92.14, by adding a subdivision;
92.67, subdivision 5; 120.06, by adding a subdivision;
120.075, subdivision 1a, 3, and by adding a
subdivision; 120.0751, subdivision 1, and by adding a
subdivision; 120.0752, subdivision 1, and by adding a
subdivision; 120.08, subdivision 2; 120.73,
subdivision 1; 120.74, subdivision 1; 121.15; 121.88,
by adding subdivisions; 123.35, subdivision 8;
123.351, by adding a subdivision; 123.3514, by adding
a subdivision; 124.17, by adding a subdivision;
124.18, subdivision 2; 124.214, subdivision 2;
124.225, by adding a subdivision; 124.245, by adding a
subdivision; 124.43, subdivisions 1, 2, 3, and by
adding subdivisions; 124.48, subdivision 2; 124A.036,
subdivision 2; 125.12, subdivision 3; 125.17,
subdivision 2; 126.151; 126.45; 126.46; 126.47;
126.49, subdivision 1; 126.51, subdivisions 1, 2, 4,
and by adding a subdivision; 126.52; 126.531; 126.56;
subdivision 2; 129.121, subdivision 2, and by adding
subdivisions; 129B.20, subdivision 1; 134.351,
subdivision 7; 136D.74, by adding subdivisions;
136D.81; 260.015, subdivision 19; and 275.125, by
adding subdivisions; Minnesota Statutes 1987
Supplement, sections 92.46, subdivision 1; 92.67,
subdivisions 1, 3, and 4; 120.0752, subdivision 3;
120.101, subdivisions 5 and 9; 120.17, subdivisions 1
and 3b; 121.912, subdivision 1; 122.91, by adding a
subdivision; 123.3515, subdivisions 1, 2, 3, 5, 6, and
9; 123.39, subdivision 1; 124.17, subdivision 1;
124.214, subdivision 3; 124.223; 124.225, subdivision
8a; 124.244; 124.26, subdivision 1b; 124.494,
subdivisions 4, 5, and 6; 124.495; 124A.036,
subdivision 5; 124A.22, subdivision 2, and by adding
subdivisions; 124A.23, subdivisions 1, 4, and 5;
124A.24; 124A.27, subdivision 1; 124A.28, subdivision
1, and by adding a subdivision; 126.22, subdivisions
2, 3, 4, and by adding a subdivision; 126.23; 126.67,
subdivision 2b; 129.121, subdivision 1; 129B.11,
subdivision 2, and by adding a subdivision; 129B.53,
subdivision 2; 136D.27; 136D.87; 275.125, subdivision
5; and 422A.101, subdivision 2; Laws 1959, chapter
462, section 3, subdivision 4, as amended; Laws 1987,
chapter 398, articles 2, section 13, subdivision 2; 3,
sections 38 and 39, subdivisions 7 and 8; 5, section
2, subdivision 12; chapter 400, section 59; proposing
coding for new law in Minnesota Statutes, chapters
120; 121; 124; 124A; 126; and 129B; repealing
Minnesota Statutes 1986, sections 121.9121,
subdivision 7; 124.435; 126.51, subdivision 3;
Minnesota Statutes 1987 Supplement, sections 123.3515;
123.703, subdivision 3; 124.245, subdivisions 3, 3a,
and 3b; 124A.27, subdivision 10; 129B.74; 129B.75; and
275.125, subdivision 11c; Laws 1984, chapter 463,
article 7, section 45.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1. Minnesota Statutes 1987 Supplement, section
124A.22, subdivision 2, is amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the actual pupil
units for the school year. The formula allowance
is $2,735 $2,755 for the 1988-1989 school year. The formula
allowance is $2,800 for fiscal year 1990.
Sec. 2. Minnesota Statutes 1987 Supplement, section
124A.22, is amended by adding a subdivision to read:
Subd. 7. [DEFINITIONS FOR 1988-1989 SUPPLEMENTAL
REVENUE.] (a) The definitions in this subdivision apply only to
subdivision 8.
(b) "1987-1988 revenue" means the sum of the following
categories of revenue for a district for the 1987-1988 school
year:
(1) basic foundation revenue, tier revenue, and declining
pupil unit revenue, according to Minnesota Statutes 1986, as
supplemented by Minnesota Statutes 1987 Supplement, chapter
124A, plus any reduction to second tier revenue, according to
Minnesota Statutes 1986, section 124A.08, subdivision 5;
(2) teacher retirement and FICA aid, according to Minnesota
Statutes 1986, sections 124.2162 and 124.2163;
(3) chemical dependency aid, according to Minnesota
Statutes 1986, section 124.246;
(4) gifted and talented education aid, according to
Minnesota Statutes 1986, section 124.247;
(5) interdistrict cooperation aid and levy, according to
Minnesota Statutes 1986, sections 124.272 and 275.125,
subdivision 8a;
(6) arts education aid, according to Minnesota Statutes
1986, section 124.275;
(7) summer program aid and levy, according to Minnesota
Statutes 1986, sections 124A.03 and 124A.033;
(8) programs of excellence grants, according to Minnesota
Statutes 1986, section 126.60; and
(9) liability insurance levy, according to Minnesota
Statutes 1986, section 466.06.
For the purpose of this subdivision, intermediate districts
and other employing units, as defined in Minnesota Statutes
1986, section 124.2161, shall allocate the amount of their
teacher retirement and FICA aid for fiscal year 1988 among their
participating school districts.
(c) "Minimum allowance" for a district means:
(1) the district's 1987-1988 revenue, according to
subdivision 1; divided by
(2) the district's 1987-1988 actual pupil units, adjusted
for the change in secondary pupil unit weighting from 1.4 to
1.35 made by Laws 1987, chapter 398; plus
(3) $70.
Sec. 3. Minnesota Statutes 1987 Supplement, section
124A.22, is amended by adding a subdivision to read:
Subd. 9. [DEFINITIONS FOR SUPPLEMENTAL REVENUE.] (a) The
definitions in this subdivision apply only to subdivision 8.
(b) "1987-1988 revenue" means the sum of the following
categories of revenue for a district for the 1987-1988 school
year:
(1) basic foundation revenue, tier revenue, and declining
pupil unit revenue, according to Minnesota Statutes 1986, as
supplemented by Minnesota Statutes 1987 Supplement, chapter
124A, plus any reduction to second tier revenue, according to
Minnesota Statutes 1986, section 124A.08, subdivision 5;
(2) teacher retirement and FICA aid, according to Minnesota
Statutes 1986, sections 124.2162 and 124.2163;
(3) chemical dependency aid, according to Minnesota
Statutes 1986, section 124.246;
(4) gifted and talented education aid, according to
Minnesota Statutes 1986, section 124.247;
(5) arts education aid, according to Minnesota Statutes
1986, section 124.275;
(6) summer program aid and levy, according to Minnesota
Statutes 1986, sections 124A.03 and 124A.033;
(7) programs of excellence grants, according to Minnesota
Statutes 1986, section 126.60; and
(8) liability insurance levy, according to Minnesota
Statutes 1986, section 466.06.
For the purpose of this subdivision, intermediate districts
and other employing units, as defined in Minnesota Statutes
1986, section 124.2161, shall allocate the amount of their
teacher retirement and FICA aid for fiscal year 1988 among their
participating school districts.
(c) "Minimum allowance" for a district means:
(1) the district's 1987-1988 revenue, according to
subdivision 1; divided by
(2) the district's 1987-1988 actual pupil units, adjusted
for the change in secondary pupil unit weighting from 1.4 to
1.35 made by Laws 1987, chapter 398; plus
(3) $105.
Sec. 4. Minnesota Statutes 1987 Supplement, section
124A.23, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION MILL RATE.] The
commissioner of revenue shall establish the general education
mill rate and certify it to the commissioner of education by
August September 1 of each year for levies payable in the
following year. The general education mill rate shall be a
rate, rounded up to the nearest tenth of a mill, that, when
applied to the adjusted assessed valuation for all districts,
raises the amount specified in this subdivision. The general
education mill rate for the 1989 1990 fiscal year shall be the
rate that raises $1,079,000,000 $1,100,580,000. The general
education mill rate certified by the commissioner of
revenue must may not be changed due to changes or corrections
made to a district's adjusted assessed valuation after the mill
rate has been certified.
Sec. 5. Minnesota Statutes 1987 Supplement, section
124A.23, subdivision 4, is amended to read:
Subd. 4. [GENERAL EDUCATION AID.] A district's general
education aid is the sum of the following amounts:
(1) the product of (i) the difference between the general
education revenue, excluding supplemental revenue, and the
general education levy, multiplied times (ii) the ratio of the
actual amount levied to the permitted levy;
(2) the product of (i) the difference between the
supplemental revenue and the supplemental levy, times (ii) the
ratio of the actual amount levied to the permitted levy; and
(3) shared time aid according to section 124A.02,
subdivision 21.
Sec. 6. Minnesota Statutes 1987 Supplement, section
124A.23, subdivision 5, is amended to read:
Subd. 5. [USES OF REVENUE.] (a) General education revenue
may be used during the regular school year and the summer for
general and special school purposes.
(b) General education revenue may not be used:
(1) for premiums for motor vehicle insurance protecting
against injuries or damages arising from the operation of
district-owned, leased, or controlled vehicles to transport
pupils for which state aid is authorized under section 124.223;
or
(2) for any purpose for which the district may levy
according to section 275.125, subdivision 5e.
Sec. 7. Minnesota Statutes 1987 Supplement, section
124A.24, is amended to read:
124A.24 [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined
according to section 124A.23, subdivision 3, an amount must be
deducted from state aid authorized in this chapter and chapter
124, receivable for the same school year, and from other state
payments receivable for the same school year authorized in
sections 273.115; 273.116; 273.123, subdivision 6; 273.13,
subdivision 15a; and Laws 1983, chapter 342, article 8, section
8. The aid in section 124.646 must not be reduced.
The amount of the deduction equals the difference between:
(1) the general education mill rate, according to section
124A.23, times the district's adjusted assessed valuation used
to determine the general education aid for the same school year;
and
(2) the district's general education revenue for the same
school year, according to section 124A.22.
However, for fiscal year 1989, the amount of the deduction
shall be one-fourth of the difference between clauses (1) and
(2); for fiscal year 1990, the amount of the deduction shall be
one-third of the difference between clauses (1) and (2); for
fiscal year 1990 1991, the amount of the deduction shall be
one-half of the difference between clauses (1) and (2); and for
fiscal year 1992, the amount of the deduction shall be
four-sixths of the difference between clauses (1) and (2); and
for fiscal year 1991 1993, the amount of the deduction shall
be three-fourths five-sixths of the difference between clauses
(1) and (2).
Sec. 8. Minnesota Statutes 1987 Supplement, section
124A.27, subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] An amount equal to 1.85 2.20
percent of the basic revenue under section 124A.22, subdivision
2, shall be reserved and may be used only to provide one or more
of the programs enumerated in this section. The school board
shall determine which programs to provide, the manner in which
they will be provided, and the extent to which other money may
be used for the programs. Except for the requirements of
sections 124A.28 and 124A.29, the remaining general education
revenue under section 124A.22 and supplemental revenue under
section 124A.25 may be used to provide one or more of the
programs enumerated in this section.
Sec. 9. Minnesota Statutes 1987 Supplement, section
124A.28, subdivision 1, is amended to read:
Subdivision 1. [USE OF THE REVENUE.] The compensatory
education revenue under section 124A.22, subdivision 3, may be
used only to meet the special educational needs of pupils whose
educational achievement is below the level that is appropriate
for pupils of their age. These needs may be met by providing at
least some of the following:
(1) remedial instruction in reading, language arts, and
mathematics to improve the achievement level of these pupils;
(2) additional teachers and teacher aides to provide more
individualized instruction to these pupils;
(3) summer programs that enable these pupils to improve
their achievement or that reemphasize material taught during the
regular school year;
(4) in-service education for teachers, teacher aides,
principals, and other personnel to improve their ability to
recognize these pupils and provide appropriate responses to the
pupils' needs;
(5) for instruction of instructional material for these
pupils, including: textbooks, workbooks, periodicals,
pamphlets, photographs, reproductions, filmstrips, prepared
slides, prerecorded video programs, sound recordings, desk
charts, games, study prints and pictures, desk maps, models,
learning kits, blocks and cubes, flashcards, instructional
computer software programs, pencils, pens, crayons, notebooks,
duplicating fluids, and papers;
(6) programs to reduce truancy, encourage completion of
high school, enhance self-concept, provide health services,
provide nutrition services, provide a safe and secure learning
environment, provide coordination for pupils receiving services
from other governmental agencies, provide psychological services
to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services,
guidance services, and social work services; and
(7) bilingual programs, bicultural programs, and programs
for pupils of limited English proficiency.
Sec. 10. Minnesota Statutes 1987 Supplement, section
124A.28, is amended by adding a subdivision to read:
Subd. 3. [ANNUAL EXPENDITURE REPORT.] Each year a district
that receives compensatory education revenue shall submit a
report identifying the expenditures it incurred in providing
compensatory education to the pupils described in subdivision
1. The report must conform to uniform financial and reporting
standards established for this purpose.
Sec. 11. [COST OF LIVING STUDY.]
The legislative audit commission is encouraged to direct
the legislative auditor to conduct a study of the differences
among the costs of living in communities throughout the state
and the effect that these differences have on educational
expenditures by school districts. The study shall include an
analysis of at least the following factors: food, housing, real
estate taxes, utilities, transportation, medical costs, median
income of families, median home values, median rental costs, and
median monthly salaries for representative occupations.
Sec. 12. [INSTRUCTIONS TO THE DEPARTMENT OF EDUCATION FOR
1988 LEVY LIMITATIONS.]
Notwithstanding sections 1 and 2, and any other law to the
contrary, the department of education shall determine, for the
1988-1989 school year only, levies under chapter 124A as they
were authorized under Laws 1987, chapter 398, article 1.
Sec. 13. [APPROPRIATIONS.]
There is appropriated from the general fund to the
department of education the sum of $6,903,400 for general
education aid for the 1988-1989 school year. This sum is added
to the sum appropriated in Laws 1987, chapter 398, article 1,
section 26, subdivision 2.
Sec. 14. [REPEALER.]
Notwithstanding any law enacted in 1988 that amends
Minnesota Statutes 1987 Supplement, section 124A.27, subdivision
10, Minnesota Statutes 1987 Supplement, section 124A.27,
subdivision 10, is repealed. Section 2 is repealed June 30,
1989.
Sec. 15. [EFFECTIVE DATE.]
Section 3 is effective for revenue for the 1989-1990 school
year and thereafter.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1986, section 120.73,
subdivision 1, is amended to read:
Subdivision 1. A school board is authorized to require
payment of fees in the following areas:
(a) In any program where the resultant product, in excess
of minimum requirements and at the pupil's option, becomes the
personal property of the pupil;
(b) Admission fees or charges for extra curricular
activities, where attendance is optional;
(c) A security deposit for the return of materials,
supplies, or equipment;
(d) Personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it
meets reasonable requirements and standards relating to health
and safety established by the school board;
(e) Items of personal use or products which a student has
an option to purchase such as student publications, class rings,
annuals, and graduation announcements;
(f) Fees specifically permitted by any other statute,
including but not limited to section 171.04, clause (1);
(g) Field trips considered supplementary to a district
educational program;
(h) Any authorized voluntary student health and accident
benefit plan;
(i) For the use of musical instruments owned or rented by
the district, a reasonable rental fee not to exceed either the
rental cost to the district or the annual depreciation plus the
actual annual maintenance cost for each instrument;
(j) Transportation of pupils to and from extra curricular
activities conducted at locations other than school, where
attendance is optional;
(k) Transportation of pupils to and from school for which
aid is not authorized under section 124.223, clause (1), and for
which levy is not authorized under section 275.125, subdivision
5e, if a district charging fees for transportation of pupils
establishes guidelines for that transportation to ensure that no
pupil is denied transportation solely because of inability to
pay;
(l) Motorcycle classroom education courses conducted
outside of regular school hours; provided the charge shall not
exceed the actual cost of these courses to the school district.
Sec. 2. Minnesota Statutes 1986, section 120.74,
subdivision 1, is amended to read:
Subdivision 1. A school board is not authorized to charge
fees in the following areas:
(a) Textbooks, workbooks, art materials, laboratory
supplies, towels;
(b) Supplies necessary for participation in any
instructional course except as authorized in sections 120.73 and
120.75;
(c) Field trips which are required as a part of a basic
education program or course;
(d) Graduation caps, gowns, any specific form of dress
necessary for any educational program, and diplomas;
(e) Instructional costs for necessary school personnel
employed in any course or educational program required for
graduation;
(f) Library books required to be utilized for any
educational course or program;
(g) Admission fees, dues, or fees for any activity the
pupil is required to attend;
(h) Any admission or examination cost for any required
educational course or program;
(i) Locker rentals;
(j) Transportation of pupils (1) to and from school as
authorized pursuant to section 123.39 or (2) for which state
transportation aid is authorized pursuant to section 124.223 or
(2) for which a levy is authorized under section 275.125,
subdivision 5e.
Sec. 3. Minnesota Statutes 1987 Supplement, section
123.39, subdivision 1, is amended to read:
Subdivision 1. The board may provide for the free
transportation of pupils to and from school, and to schools in
other districts for grades and departments not maintained in the
district, including high school, at the expense of the district,
when funds are available therefor and if agreeable to the
district to which it is proposed to transport the pupils, for
the whole or a part of the school year, as it may deem
advisable, and subject to its rules. Every driver shall possess
all the qualifications required by the rules of the state board
of education. In any school district, the board shall arrange
for the attendance of all pupils living two miles or more from
the school through suitable provision for transportation or
through the boarding and rooming of the pupils who may be more
economically and conveniently provided for by that means. The
board shall provide transportation to and from the home of a
handicapped child not yet enrolled in kindergarten when special
instruction and services under section 120.17 are provided in a
location other than in the child's home. When transportation is
provided, scheduling of routes, establishment of the location of
bus stops, manner and method of transportation, control and
discipline of school children and any other matter relating
thereto shall be within the sole discretion, control, and
management of the school board. The district may provide for
the transportation of pupils or expend a reasonable amount for
room and board of pupils whose attendance at school can more
economically and conveniently be provided for by that means or
who attend school in a building rented or leased by a district
within the confines of an adjacent district.
Sec. 4. Minnesota Statutes 1987 Supplement, section
124.223, is amended to read:
124.223 [TRANSPORTATION AID AUTHORIZATION.]
School transportation and related services for which state
transportation aid is authorized are:
(1) [TO AND FROM SCHOOL; BETWEEN SCHOOLS.] Transportation
or board of resident elementary pupils who reside one mile or
more from the public schools which they could attend;
transportation or board of resident secondary pupils who reside
two miles or more from the public schools which they could
attend; transportation to, and from schools the resident pupils
attend according to a program approved by the commissioner of
education, or between the schools the resident pupils
attend pursuant to a program approved by the commissioner of
education for instructional classes; transportation of resident
elementary pupils who reside one mile or more from a nonpublic
school actually attended; transportation of resident secondary
pupils who reside two miles or more from a nonpublic school
actually attended; but with respect to transportation of pupils
to nonpublic schools actually attended, only to the extent
permitted by sections 123.76 to 123.79; transportation of pupils
who are custodial parents to and from the provider of child care
services for the pupil's child, within the attendance area of
the school the pupil attends;
For the purposes of this clause, a district may designate a
licensed day care facility or the residence of a relative as the
home of a pupil for part or all of the day, if requested by the
pupil's parent or guardian and if that facility or residence is
within the attendance area of the school the pupil attends.;
(2) [OUTSIDE DISTRICT.] Transportation to and from or
board and lodging in another district, of resident pupils of a
district without a secondary school; the pupils may attend a
classified secondary school in another district and shall
receive board and lodging in or transportation to and from a
district having a classified secondary school at the expense of
the district of the pupil's residence;
(3) [SECONDARY VOCATIONAL CENTERS.] Transportation to and
from a state board approved secondary vocational center for
secondary vocational classes for resident pupils of any of the
districts who are members of or participating in programs at
that center;
(4) [HANDICAPPED.] Transportation or board and lodging of
a handicapped pupil when that pupil cannot be transported on a
regular school bus, the conveying of handicapped pupils between
home and school and within the school plant, necessary
transportation of handicapped pupils from home or from school to
other buildings, including centers such as developmental
achievement centers, hospitals and treatment centers where
special instruction or services required by section 120.17 are
provided, within or outside the district where services are
provided, and necessary transportation for resident handicapped
pupils required by section 120.17, subdivision 4a.
Transportation of handicapped pupils between home and school
shall not be subject to any distance requirement for children
not yet enrolled in kindergarten or to the requirement in clause
(1) that elementary pupils reside at least one mile from school
and secondary pupils reside at least two miles from school in
order for the transportation to qualify for aid;
(5) [BOARD AND LODGING; NONRESIDENT HANDICAPPED.] When
necessary, board and lodging for nonresident handicapped pupils
in a district maintaining special classes;
(6) [SHARED TIME.] Transportation from one educational
facility to another within the district for resident pupils
enrolled on a shared time basis in educational programs approved
by the commissioner of education, and necessary transportation
required by section 120.17, subdivision 9, for resident
handicapped pupils who are provided special instruction and
services on a shared time basis;
(7) [FARIBAULT STATE ACADEMIES.] Transportation for
residents to and from the Minnesota state academy for the deaf
or the Minnesota state academy for the blind;
(8) [SUMMER INSTRUCTIONAL PROGRAMS.] Services described in
clauses (1) to (7), (9), and (10) when provided in conjunction
with a summer program eligible for aid and levy under sections
124A.03 and 124A.033;
(9) [COOPERATIVE ACADEMIC AND VOCATIONAL.] Transportation
to, from or between educational facilities located in any of two
or more school districts jointly offering academic
classes approved by the commissioner or secondary vocational
classes not provided at a secondary vocational center which are
approved by the commissioner for resident pupils of any of these
districts; and
(10) [NONPUBLIC SUPPORT SERVICES.] Necessary
transportation within district boundaries between a nonpublic
school and a public school or a neutral site for nonpublic
school pupils who are provided pupil support services pursuant
to section 123.935.
Sec. 5. Minnesota Statutes 1987 Supplement, section
124.225, subdivision 8a, is amended to read:
Subd. 8a. [AID.] (a) For the 1986-1987 and 1987-1988
school years, a district's transportation aid shall equal the
sum of its basic transportation aid pursuant to subdivision 8b,
its nonregular transportation aid pursuant to subdivision 8i,
and its nonregular transportation levy equalization aid pursuant
to subdivision 8j, minus its contracted services aid reduction
pursuant to subdivision 8k, minus the amount raised by 2.25
mills times the adjusted assessed valuation which is used to
compute the transportation levy limitation for the levy
attributable to that school year. A district may levy less than
the amount raised by 2.25 mills. Transportation aid shall be
computed as if the district had levied the amount raised by 2.25
mills.
(b) For the 1988-1989 school year and thereafter, a
district's transportation aid is equal to the sum of its basic
transportation aid under subdivision 8b, its nonregular
transportation aid under subdivision 8i, and its nonregular
transportation levy equalization aid under subdivision 8j, minus
its contracted services aid reduction under subdivision 8k, and
minus its basic transportation levy limitation for the levy
attributable to that school year under section 275.125,
subdivision 5.
(c) (b) If the total appropriation for transportation aid
for any fiscal year is insufficient to pay all districts the
full amount of aid earned, the department of education shall
reduce each district's aid in proportion to the number of
resident pupils in average daily membership in the district to
the state total average daily membership, and shall reduce the
aid entitlement transportation levy of off-formula districts in
the same proportion.
Sec. 6. Minnesota Statutes 1987 Supplement, section
275.125, subdivision 5, is amended to read:
Subd. 5. [BASIC TRANSPORTATION LEVY.] Each year, a school
district may levy for school transportation services an amount
not to exceed the amount raised by the basic transportation mill
rate times the adjusted assessed valuation of the district for
the preceding year. The commissioner of revenue shall establish
the basic transportation mill rate and certify it to the
commissioner of education by August September 1 of each year for
levies payable in the following year. The basic transportation
mill rate shall be a rate, rounded up to the nearest hundredth
of a mill, that, when applied to the adjusted assessed valuation
of taxable property for all districts, raises the amount
specified in this subdivision. The basic transportation mill
rate for the 1987 payable 1988 levies and for transportation aid
for the 1988-1989 school 1990 fiscal year shall be the rate that
raises $71,256,100 $72,681,200. The basic transportation mill
rate certified by the commissioner of revenue must not be
changed due to changes or corrections made to a district's
adjusted assessed valuation after the mill rate has been
certified.
Sec. 7. Laws 1987, chapter 398, article 2, section 13,
subdivision 2, is amended to read:
Subd. 2. [TRANSPORTATION AID.] For transportation aid
there is appropriated:
$90,477,000 ..... 1988,
$87,334,800 $87,419,800 ..... 1989.
The appropriation for aid for fiscal year 1988 includes
$12,194,300 for aid for fiscal year 1987 payable in fiscal year
1988 and $78,282,700 for fiscal year 1988 payable in fiscal year
1988.
The appropriation for aid for fiscal year 1989 includes
$13,814,600 for aid for fiscal year 1988 payable in fiscal year
1989 and $73,520,200 $73,605,200 for fiscal year 1989 payable in
fiscal year 1989.
The appropriations are based on aid entitlements of
$92,097,200 for fiscal year 1988 and $86,494,300 $86,594,300 for
fiscal year 1989.
Sec. 8. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sum indicated in this section for the fiscal year
ending June 30 in the year designated.
Subd. 2. [TRANSPORTATION AID FOR OPEN ENROLLMENT.] For
transportation of pupils attending nonresident districts
according to Minnesota Statutes 1987 Supplement, section
123.3515, there is appropriated:
$50,000 ..... 1988.
An unexpended balance in fiscal year 1988 does not cancel
but is available for fiscal year 1989.
Sec. 9. [EFFECTIVE DATE.]
Section 8 is effective the day following final enactment.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1987 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;
(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). The conciliation process shall
not be used to deny or delay a parent or guardian's right to a
due process hearing. If the parent or guardian refuses efforts
by the district to conciliate the dispute with the school
district, the requirement of an opportunity for conciliation
shall be deemed to be satisfied;
(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
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 the person's 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 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 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 hearing review officer within 15 30
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 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 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 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 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.
(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 the child's
current educational placement and shall not be denied initial
admission to school.
(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. Minnesota Statutes 1987 Supplement, section
124.17, subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each resident
pupil in average daily membership shall be counted according to
this subdivision.
(a) A handicapped prekindergarten pupil who is enrolled for
the entire school fiscal year in a program approved by the
commissioner and has an individual education plan that requires
up to 437 hours of assessment and education services in
the school fiscal year is counted as one-half of a pupil unit.
If the plan requires more than 437 hours of assessment and
education services, the pupil is counted as the ratio of the
number of hours of assessment and education service to 875, but
not more than one.
(b) A handicapped prekindergarten pupil who is enrolled for
less than the entire school fiscal year in a program approved by
the commissioner is counted as the greater of (1) one-half times
the ratio of the number of instructional days from the date the
pupil is enrolled to the date the pupil withdraws to the number
of instructional days in the school year, or (2) the ratio of
the number of hours of assessment and education service required
in the school fiscal year by the pupil's individual education
program plan to 875, but not more than one.
(c) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of
hours of assessment service to 875.
(d) A handicapped kindergarten pupil who is enrolled in a
program approved by the commissioner is counted as the ratio of
the number of hours of assessment and education services
required in the school fiscal year by the pupil's individual
education program plan to 875, but not more than one.
(e) A kindergarten pupil who is not included in paragraph
(d) is counted as one-half of a pupil unit.
(f) A pupil who is in any of grades one to six is counted
as one pupil unit.
(g) For the 1987-1988 school year, a pupil who is in any of
grades seven to 12 is counted as 1.4 pupil units. For the
1988-1989 and later school years, A pupil who is in any of
grades seven to 12 is counted as 1.35 pupil units.
Sec. 3. Minnesota Statutes 1986, section 124.48,
subdivision 2, is amended to read:
Subd. 2. [REPORT TO LEGISLATURE.] By December 1 of each
even-numbered year, the state board of education shall report to
the education committees of the legislature about the status of
Indian scholarships and the, recipients, and the status of
academic programs and student services for American Indian
people in post-secondary institutions that enroll recipients of
American Indian scholarships.
Sec. 4. Minnesota Statutes 1986, section 126.151, is
amended to read:
126.151 [VOCATIONAL EDUCATION STUDENT ORGANIZATIONS.]
Subdivision 1. [ACTIVITIES OF THE ORGANIZATION.] Any pupil
student enrolled in a vocational technical education program
approved by the state board boards of education and vocational
technical education may belong to a vocational student
organization which that is operated as an integral part of
the vocational program. The commissioner of education and the
state director of vocational technical education may provide
necessary technical assistance and leadership to these
organizations at the state level for administration of approved
vocational student organizations and fiscal accounts, including
administration of state and national conferences.
Subd. 2. [ACCOUNTS OF THE ORGANIZATION.] The state boards
of education and vocational technical education may retain dues
and other money collected on behalf of students participating in
approved vocational student organizations and may deposit the
money in separate accounts. The money in these accounts shall
be available for expenditures for state and national activities
related to specific organizations. Administration of money
collected under this section is not subject to the provisions of
chapters 15, 16A, and 16B, and may be deposited outside the
state treasury. Money shall be administered under the policies
of the applicable state board or agency relating to
post-secondary vocational student organizations and is subject
to audit by the legislative auditor. Any unexpended money shall
not cancel but may be carried forward to the next fiscal year.
Sec. 5. Minnesota Statutes 1986, section 126.45, is
amended to read:
126.45 [CITATION.]
Sections 126.45 to 126.55 may be cited as the American
Indian language and culture education act of 1988.
Sec. 6. Minnesota Statutes 1986, section 126.46, is
amended to read:
126.46 [DECLARATION OF POLICY.]
The legislature finds that a more adequate education is
needed for American Indian pupils people in the state of
Minnesota. The legislature recognizes the unique educational
and culturally-related academic needs of American Indian
people. The legislature also is concerned about the lack of
American Indian teachers in the state. Therefore, pursuant to
the policy of the state to ensure equal educational opportunity
to every individual, it is the purpose of sections 126.45 to
126.55 to provide for the establishment of American Indian
language and culture education programs specially designed to
meet these unique educational or culturally-related academic
needs or both.
Sec. 7. Minnesota Statutes 1986, section 126.47, is
amended to read:
126.47 [DEFINITIONS.]
Subdivision 1. For the purposes of sections 126.45 to
126.55, the words, phrases, and terms defined in this section
shall have the meanings given to them.
Subd. 2. "American Indian child" means any child, living
on or off a reservation, who is enrolled or eligible for
enrollment in a federally recognized tribe.
Subd. 3. "Advisory task force" means the state advisory
task force on American Indian language and culture education
programs.
Subd. 4. "Participating school" means any nonsectarian
nonpublic, tribal, or alternative school offering a curriculum
reflective of American Indian culture which is funded by and
participates in the programs in sections 126.45 to 126.55 and
"American Indian school" mean a school that:
(1) is not operated by a school district; and
(2) is eligible for a grant under Title IV of the Indian
Education Act for the education of American Indian children.
Sec. 8. Minnesota Statutes 1986, section 126.49,
subdivision 1, is amended to read:
Subdivision 1. [AMERICAN INDIAN LANGUAGE AND CULTURE
EDUCATION LICENSES.] The board of teaching shall grant initial
and continuing teaching licenses in American Indian language and
culture education that bear the same duration as other initial
and continuing licenses. The board shall grant licenses to
persons who present satisfactory evidence that they:
(a) Possess competence in an American Indian language or
possess unique qualifications relative to or knowledge and
understanding of American Indian history and culture; or
(b) Possess a bachelor's degree or other academic degree
approved by the board or meet such requirements as to course of
study and training as the board may prescribe, or possess such
relevant experience as the board may prescribe.
This evidence may be presented by affidavits, resolutions,
or by such other methods as the board may prescribe.
Individuals may present applications for licensure on their own
behalf or these applications may be submitted by the
superintendent or other authorized official of a school district
or a nonsectarian nonpublic, tribal, or alternative school
offering a curriculum reflective of, participating school, or an
American Indian culture school.
Sec. 9. [126.501] [RECRUITING AND RETAINING INDIAN
TEACHERS.]
This section applies to a school board of a school district
in which there are at least ten American Indian children
enrolled. The school board shall actively recruit teacher
applicants who are American Indian from the time it is
reasonably expected that a position will become available until
the position is filled or September 1, whichever is earlier.
Notwithstanding section 125.12, subdivisions 4, 6a, or 6b,
125.17, subdivisions 3 and 11, any other law to the contrary, or
any provision of a contract entered into after the effective
date of this section to the contrary, when placing a teacher on
unrequested leave of absence, the board may retain a
probationary teacher or a teacher with less seniority in order
to retain an American Indian teacher.
Sec. 10. Minnesota Statutes 1986, section 126.51,
subdivision 1, is amended to read:
Subdivision 1. [PARENT COMMITTEE.] School boards and
participating American Indian schools shall provide for the
maximum involvement of parents of children enrolled in American
Indian language and culture education programs pursuant to
sections 126.45 to 126.55, including language and culture
education programs, programs for elementary and secondary
grades, special education programs, and support services.
Accordingly, before implementing a program, each the school
district and participating board of a school district in which
there are ten or more American Indian children enrolled and each
American Indian school shall establish a parent advisory
committee for that program. If a committee of parents of
American Indian children has been or is established according to
federal, tribal, or other state law, that committee shall serve
as the committee required by this section and shall be subject
to, at least, the requirements of this section.
The parent committee shall develop its recommendations in
consultation with the curriculum advisory committee required by
section 126.666, subdivision 2. This committee shall afford
parents the necessary information and the opportunity
effectively to express their views concerning all aspects of the
American Indian language and culture education program and the
educational needs of the American Indian children residing
within the district's or school's attendance boundaries enrolled
in the school or program. The committee shall also address the
need for adult education programs for American Indian people in
the community. The district school board or participating
American Indian school shall ensure that the program is programs
are planned, operated, and evaluated with the involvement of and
in consultation with parents of children eligible to be served
by the program programs.
Sec. 11. Minnesota Statutes 1986, section 126.51, is
amended by adding a subdivision to read:
Subd. 1a. [RESOLUTION OF CONCURRENCE.] By September 15 and
June 15 of each school year, the school board or American Indian
school shall submit to the department of education a copy of a
resolution adopted by the parent committee. The copy must be
signed by the chair of the committee and must state whether the
committee concurs with the educational programs for American
Indian children offered by the school board or American Indian
school. If the committee does not concur with the educational
programs, the reasons for nonconcurrence and recommendations
shall be submitted with the resolution.
Sec. 12. Minnesota Statutes 1986, section 126.51,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The committees committee shall be
composed solely of parents of children eligible to be enrolled
in American Indian language and culture education programs;
secondary students eligible to be served; American Indian
language and culture education teachers and aides; American
Indian teachers; counselors; adult American Indian people
enrolled in educational programs; and representatives from
community groups; provided, however, that. A majority of each
committee shall be parents of children enrolled or eligible to
be enrolled in the corresponding program, and that programs.
The number of parents of American Indian and non-American Indian
children shall reflect approximately the proportion of children
of those groups enrolled in the program programs.
Sec. 13. Minnesota Statutes 1986, section 126.51,
subdivision 4, is amended to read:
Subd. 4. [ALTERNATE COMMITTEE.] If the organizational
membership or the board of directors of a participating an
American Indian school consists solely of parents of children
attending the school whose children are eligible to be enrolled
in American Indian language and culture education programs, that
membership or board may serve also as the parent advisory
committee.
Sec. 14. Minnesota Statutes 1986, section 126.52, is
amended to read:
126.52 [STATE BOARD OF EDUCATION DUTIES.]
Subd. 5. [COMMUNITY INVOLVEMENT.] The state board shall
provide for the maximum involvement of the state advisory task
force committees on American Indian language and culture
education, parents of American Indian children, secondary
students eligible to be served, American Indian language and
culture education teachers, American Indian teachers, teachers'
aides, representatives of community groups, and persons
knowledgeable in the field of American Indian language and
culture education, in the formulation of policy and procedures
relating to the administration of sections 126.45 to 126.55.
Subd. 8. [TECHNICAL ASSISTANCE.] The state board shall
provide technical assistance to school districts, participating
schools and post secondary post-secondary institutions for
preservice and in-service training for American Indian language
and culture education teachers and teacher's aides, teaching
methods, curriculum development, testing and testing mechanisms,
and the development of materials for American Indian language
and culture education programs.
Subd. 9. [APPLICATION FOR FUNDS.] The state board shall
apply for grants or funds money which are, or may become, be
available under federal programs for American Indian language
and culture education, including funds for administration,
demonstration projects, training, technical assistance, planning
and evaluation.
Subd. 11. [RULES.] The state board, upon the receipt of
recommendations by the advisory task force appropriate state
committees, may promulgate rules providing for standards and
procedures appropriate for the implementation of and within the
limitations of sections 126.45 to 126.55.
Sec. 15. Minnesota Statutes 1986, section 126.531, is
amended to read:
126.531 [ADVISORY TASK FORCE COMMITTEES ON AMERICAN INDIAN
LANGUAGE AND CULTURE EDUCATION PROGRAMS.]
Subdivision 1. The state board of education may shall
create an one or more American Indian language and culture
education advisory task force committees. If created, Members
shall include representatives of tribal bodies, community
groups, parents of children eligible to be served by the
programs, American Indian administrators and teachers, persons
experienced in the training of teachers for American
Indian language and culture education programs, persons involved
in programs for American Indian children in nonsectarian
nonpublic, urban, community, tribal or alternative American
Indian schools, and persons knowledgeable in the field of
American Indian language and culture education. Members shall
be appointed so as to be representative of significant segments
of the population of American Indians.
Subd. 2. The advisory task force Each committee on
American Indian language and culture education programs shall
advise the state board in the administration of its duties under
sections 126.45 to 126.55 and other programs for the education
of American Indian people, as determined by the state board.
Subd. 3. The advisory task force Each committee shall
expire and the terms, compensation and removal of members shall
be as provided for in be reimbursed for expenses according to
section 15.059, subdivision 6. The state board shall determine
the membership terms and the duration of each committee.
Sec. 16. Laws 1987, chapter 398, article 3, section 39,
subdivision 7, is amended to read:
Subd. 7. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships, according to Minnesota Statutes, section
124.48, there is appropriated:
$1,581,800 ..... 1988,
$1,581,800 ..... 1989.
At least $50,000 of the appropriation for fiscal year 1989
must be used for scholarships for students who are enrolled in
teacher preparation programs.
The state board of education, with the advice of the
Minnesota Indian scholarship committee, shall develop a
scholarship program for American Indian people to become
teachers. The program may involve incentives for students, such
as loans that are forgiven, in part, upon completing three years
of teaching. If requested, the higher education coordinating
board shall assist the state board or the committee in
developing the program. The program plan shall be reported to
the education committees of the legislature by January 1, 1989.
Any unexpended balance remaining in the first year does not
cancel but is available for fiscal year 1989.
Sec. 17. Laws 1987, chapter 398, article 3, section 39,
subdivision 8, is amended to read:
Subd. 8. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For Indian post-secondary preparation grants, according
to Minnesota Statutes, section 124.481, there is appropriated:
$781,400 ..... 1988,
$781,400 $856,400 ..... 1989.
Sec. 18. [INDIAN SCHOOL COUNCIL.]
Subdivision 1. [INTENTION.] It is the intention of the
legislature to establish opportunities for American Indian
control of Indian education through Indian public schools, an
urban Indian school district or districts, or other means.
Subd. 2. [INDIAN SCHOOL COUNCIL.] (a) An Indian school
council composed of 15 members is established to develop
recommendations for Indian public schools, an urban Indian
school district or districts, or other means of achieving Indian
control of Indian education. The state board of education shall
appoint two of its members to serve on the council. The board
of independent school district No. 625, St. Paul, and the board
of special school district No. 1, Minneapolis, shall each
appoint one of its members to serve on the council. The
remaining members must be appointed by the governor, with the
assistance of the Indian affairs council, as provided in section
3.922, subdivision 6, clause (6).
(b) The council chair must be elected by the members of the
council. Minnesota Statutes, section 15.059, subdivisions 3 and
4, apply to compensation and removal of members of the council.
The council terminates on June 1, 1989. If requested by the
council, the department of education and the Indian affairs
council must provide assistance.
Subd. 3. [RECOMMENDATIONS.] (a) The council shall make
recommendations about each of the items in this subdivision. It
may make recommendations about additional options or issues.
(b) It shall consider the governance and administration of
schools or programs for Indian education, including
participation by Minnesota tribal governments in the governance
and administration.
(c) It shall consider methods of forming schools or
programs, including, but not limited to:
(1) forming a school within an existing school district
with a separate governing board, similar to Minnesota Statutes,
chapter 128B;
(2) forming a school district by dividing an existing
district;
(3) forming a special purpose school district superimposed
on one or more existing school districts, similar to Minnesota
Statutes, chapter 136D; or
(4) forming a state school, similar to Minnesota Statutes,
chapter 128A or 129C.
The structure may be similar to but different from any
other existing school or school district.
(d) It shall consider a governing board or boards that may
be appointed or elected, but which, in any case, shall include
significant democratic participation by tribal governments and
parents or guardians. The appointing authority or authorities
must be specified for appointed members. The election process,
including the qualification of voters, must be specified for
elected members. The initial board members may be selected by a
different method than subsequent board members.
(e) It shall consider financing, including:
(1) property taxes that may be levied by a school district,
if formed; distributed on an equitable basis by the school
district in which the school is located; or distributed on an
equitable basis by each of the school districts in which the
enrolled pupils reside;
(2) state aid for general education, special education,
transportation, capital expenditures, community education, adult
basic and continuing education, grants, and other special
programs; and
(3) federal sources of funding.
(f) The council shall consider the educational programs to
be offered and specify particular state aids that would be
necessary. It shall specify from whom and to whom property
taxes and state aid are to be paid.
(g) It shall consider ways to acquire and maintain
facilities and equipment, including leasing existing facilities
and equipment.
(h) It shall consider administration and staffing needs.
(i) It shall consider curriculum needs, including serving
as a state resource center for Indian education.
(j) It shall consider student admission requirements,
policies, and procedures.
(k) It shall consider how and where to provide
transportation.
Subd. 4. [COUNCIL STAFF AND FACILITIES.] The department of
education shall provide space within its facilities for council
meetings. The department of education, through the Indian
education section, shall provide support services. The council
may contract for or employ professional and nonprofessional
staff. The professional staff may be individuals currently
employed by the state or on leave of absence from a school
district. A current employee of a school district who contracts
with, or is employed by, the council may request an extended
leave of absence under section 125.60. The school board must
grant the leave and Minnesota Statutes, section 125.60, governs
the rights and duties of the employee and school board. The
council may contract with consultants and for legal services, as
needed.
Subd. 5. [REPORT TO LEGISLATURE.] By December 1, 1988, the
council shall report its recommendations to the state board of
education and the education committees of the legislature.
Sec. 19. [APPROPRIATION FOR INDIAN SCHOOL COUNCIL.]
There is appropriated from the general fund to the Indian
school council, $100,000 for fiscal year 1989 for the council to
perform its duties.
For fiscal year 1989 only, a complement of two is
authorized for the council. The complement may include one
full-time professional, one half-time professional, and one
half-time support staff.
Sec. 20. [APPROPRIATION FOR GRANTS FOR INDIAN TEACHERS.]
There is appropriated $71,000 from the general fund to the
state board of education for fiscal year 1989 for a grant to
assist American Indian people to become teachers and to provide
additional education for American Indian teachers. The state
board may award a joint grant to the University of Minnesota,
Duluth, and independent school district No. 709, Duluth, for a
cooperative program. To obtain the joint grant, a joint
application must be submitted to the state board of education.
The application must be developed with the participation of the
district parent advisory committee, established according to
Minnesota Statutes, section 126.51, and the Indian advisory
committee at the University of Minnesota, Duluth.
The application must set forth the in-kind services to be
provided by the University of Minnesota, Duluth. The
coordination and mentorship services to be provided by grants to
the University of Minnesota, Duluth, and independent school
district No. 709 must also be set forth in the application. It
must contain recommended criteria for selecting individual
scholarship recipients and criteria for scholarship amounts,
that may include tuition, fees, books, and living expenses for
ten months. The portion of the scholarship attributable to
living expenses may be in the form of a loan to be forgiven if
the recipient teaches in independent school district No. 709,
Duluth, for five years. If, however, the recipient is placed on
unrequested leave of absence by independent school district No.
709, Duluth, the loan may be forgiven if the recipient teaches
in another Minnesota school district for an amount of time that,
when added to the amount of time taught in Duluth, equals five
years. The loan forgiveness program must be developed in
consultation with the higher education coordinating board.
Only the following American Indian people may receive
scholarships:
(1) students entering the University of Minnesota, Duluth,
who intend to become teachers in Minnesota;
(2) teacher aides who are employees of independent school
district No. 709, Duluth, and who intend to obtain a teaching
license; and
(3) licensed employees of independent school district No.
709 who begin a master of education program.
The joint application shall be submitted to the Minnesota
Indian scholarship committee for review and comment.
The state board may award a joint grant in the amount it
determines appropriate. Scholarship money shall be included in
the amount of the joint grant.
Sec. 21. [1987 SPECIAL EDUCATION DEFICIENCY.]
$6,000,000 is appropriated from the general fund to the
department of education for fiscal year 1988 for the deficiency
in the amount appropriated for special education for fiscal year
1987 by Laws 1985, First Special Session chapter 12, article 3,
section 28, subdivision 2. The department of education shall
reduce the amount of the levy certified by 1988 each school
district, according to Minnesota Statutes, section 275.125,
subdivision 8c, for special education by the amount that the
district will receive as a result of this appropriation. The
department of education must not consider this appropriation
when allocating excess appropriations for fiscal year 1987 under
Minnesota Statutes, section 124.17, subdivision 7.
Sec. 22. [REPEALER.]
Minnesota Statutes 1986, section 126.51, subdivision 3, is
repealed.
Sec. 23. [EFFECTIVE DATE.]
Section 9 and 21 are effective the day following final
enactment. The provisions of section 9 relating to placing a
teacher on unrequested leave of absence apply to contracts
entered into after the effective date of section 9.
ARTICLE 4
COMMUNITY EDUCATION
Section 1. Minnesota Statutes 1986, section 121.88, is
amended by adding a subdivision to read:
Subd. 9. [COMMUNITY SERVICE PROGRAMS.] A school board may
offer, as part of a community education program, a community
service program for public school pupils for the purpose of
promoting active citizenship and addressing community needs
through youth service. The community education advisory council
shall design the service program in cooperation with the
district planning, evaluating and reporting committee and local
organizations that train volunteers or need volunteers'
services. Programs must include:
(1) preliminary training for pupil volunteers conducted,
when possible, by organizations experienced in such training;
(2) supervision of the pupil volunteers to ensure
appropriate placement and adequate learning opportunity;
(3) sufficient opportunity for pupil volunteers to give
genuine service to their community; and
(4) integration of academic learning with the service
experience.
Examples of appropriate pupil service placements include:
child care, Head Start, early childhood education, and extended
day programs; tutoring programs involving older pupils tutoring
younger pupils; environmental beautification projects; and
regular visits for shut-in senior citizens.
Sec. 2. Minnesota Statutes 1986, section 121.88, is
amended by adding a subdivision to read:
Subd. 10. [EXTENDED DAY PROGRAMS.] A school board may
offer, as part of a community education program, an extended day
program for children from kindergarten through grade six for the
purpose of expanding students' learning opportunities. A
program must include the following:
(1) adult supervised programs while school is not in
session;
(2) parental involvement in program design and direction;
(3) partnerships with the K-12 system, and other public,
private, or nonprofit entities; and
(4) opportunities for trained secondary school pupils to
work with younger children in a supervised setting as part of a
community service program.
The district may charge a sliding fee based upon family
income for extended day programs. The district may receive
money from other public or private sources for the extended day
program. The board shall develop standards for school age child
care programs.
Sec. 3. [129B.48] [PREKINDERGARTEN CHILD DEVELOPMENT
GRANTS.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established for prekindergarten child development programs.
Subd. 2. [ELIGIBLE CHILD.] An eligible child is a child
who:
(1) is at least three years old but has not entered
kindergarten;
(2) resides in a family having a pre-tax income, for the 12
months before enrollment in the program, at or below the poverty
level as determined by the federal government; and
(3) has a significant delay in the development of any of
the following areas: emotional, cognitive, language,
physical-motor, or social.
Subd. 3. [ELIGIBLE PROGRAMS.] A project head start agency,
school district, group of districts, and nonprofit organizations
are eligible for grants. To be eligible for a grant, all
children in the program must meet the requirements of
subdivision 2, clause (1), and at least 90 percent must meet the
requirements of subdivision 2.
Subd. 4. [CRITERIA AND PROCEDURES.] The state board of
education shall establish criteria and procedures to select
recipients of grants. Criteria for recipients, other than head
start agencies, must include at least the following:
(1) adequate procedures to assess the developmental delay
of children, according to subdivision 2, clause (3);
(2) conformance to the federal guidelines for project head
start agencies, to the extent practicable;
(3) substantial involvement and education of the parents of
the children;
(4) a plan for coordination with local organizations that
serve young children;
(5) a local advisory board; and
(6) an evaluation plan.
Subd. 5. [GRANT AWARDS.] The state board may award grants
for programs that meet the requirements of this section. Grants
must be awarded to applicants located in different parts of the
state. The board shall give priority in awarding grants to
those applicants located in areas where no service is available
within 30 minutes of eligible children's residences. A
recipient must not use the grant money to supplant money or
services available from other sources.
Sec. 4. [APPROPRIATION; PREKINDERGARTEN CHILD DEVELOPMENT
PROGRAM GRANTS.]
There is appropriated from the general fund to the
department of education for grants for prekindergarten child
development programs $500,000 for the fiscal year ending June
30, 1989.
ARTICLE 5
EDUCATION AGENCIES'
APPROPRIATIONS
Section 1. [121.203] [HEALTH-RELATED PROGRAMS.]
Subdivision 1. [AIDS PROGRAM.] The commissioner of
education, in consultation with the commissioner of health,
shall assist districts in developing and implementing a program
to prevent and reduce the risk of acquired immune deficiency
syndrome. Each district shall have a program that includes at
least:
(1) planning materials, guidelines and other technically
accurate and updated information;
(2) a comprehensive, technically accurate and updated
curriculum;
(3) cooperation and coordination among districts and ECSUs;
(4) a targeting of adolescents, especially those who may be
at high risk of contracting AIDS, for prevention efforts;
(5) involvement of parents and other community members;
(6) in-service training for appropriate district staff and
school board members;
(7) collaboration with state agencies and organizations
having an AIDS prevention or AIDS risk reduction program;
(8) collaboration with local community health services,
agencies and organizations having an AIDS prevention or AIDS
risk reduction program; and
(9) participation by state and local student organizations.
The department may provide assistance at a neutral site to
a nonpublic school participating in a district's program.
District programs must not conflict with the health and wellness
curriculum developed under Laws 1987, chapter 398, article 5,
section 2, subdivision 7.
If a district fails to develop and implement a program to
prevent and reduce the risk of AIDS, the department shall assist
the ECSU in the region serving that district to develop or
implement the program.
Subd. 2. [FUNDING SOURCES.] Districts may accept funds for
AIDS programs developed and implemented under this section from
public and private sources including public health funds and
foundations, department professional development funds, federal
block grants or other federal or state grants.
Sec. 2. Laws 1987, chapter 398, article 5, section 2,
subdivision 12, is amended to read:
Subd. 12. [COMPREHENSIVE ARTS PLANNING PROGRAM.] For
technical assistance for the comprehensive arts planning program
according to Minnesota Statutes, section 129B.21, there is
appropriated:
$37,500 ..... 1988,
$37,500 ..... 1989.
Any unexpended fund balance remaining from the
appropriations in this subdivision for 1988 does not cancel and
is available for the second year of the biennium.
Sec. 3. [REGIONAL PUBLIC LIBRARY DISTRICT
RECOMMENDATIONS.]
By December 1, 1988, the department of education, in
consultation with the department of revenue, shall make
recommendations to the governor and the legislature about the
organization, financing, and formation of regional public
library districts.
Sec. 4. [MINNESOTA ACADEMIC EXCELLENCE FOUNDATION.]
Beginning in fiscal year 1990, the Minnesota academic
excellence foundation shall arrange funding for the unreimbursed
travel expenses of school districts participating in the
national portion of the bicentennial competition on the
constitution and bill of rights.
Sec. 5. [INFORMATION ON CATEGORICAL PROGRAMS.]
By January 15, 1989, the department of education shall
provide to the education committees of the legislature
information on how school districts have allocated the revenue
reserved for categorical programs under Minnesota Statutes 1987
Supplement, section 124A.27. This information is to include a
list of categorical programs that have been funded and the
amount of additional resources that have been allocated for
categorical programs compared to funding for these categorical
programs in previous years.
Sec. 6. [CARRYOVER FOR MINNESOTA SCHOOL AND RESOURCE
CENTER FOR THE ARTS.]
An unexpended balance from the appropriation for the
Minnesota school and resource center for the arts in Laws 1987,
chapter 398, article 10, section 4, for fiscal year 1988 does
not cancel but is available for fiscal year 1989.
Sec. 7. [EDUCATIONAL EFFECTIVENESS.]
The department of education shall allocate from its
available state, federal, and other funding sources $250,000 for
staff and support to increase services for educational
effectiveness programs according to Minnesota Statutes, sections
121.608 and 121.609. The department complement in the staff
development unit of the division of instruction is increased by
one professional position and one clerical position for these
purposes. The department shall report on the funding sources
used for this program to the chairs of the education committees
of the house and senate and to the department of finance by
November 1, 1988.
Sec. 8. [HIGHER EDUCATION COORDINATING BOARD;
APPROPRIATION.]
$30,000 is appropriated from the general fund to the higher
education coordinating board for fiscal year 1989 to support the
activities of the task force on instructional technology
established in Laws 1987, chapter 401, section 35.
This appropriation is in addition to the amount
appropriated by Laws 1987, chapter 401, section 2, subdivision 2.
Sec. 9. [DEPARTMENT OF EDUCATION; APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund to the department of
education the sums indicated in this section for the fiscal
years ending June 30 in the years designated.
Subd. 2. [SECONDARY VOCATIONAL RESTRUCTURING.] For
developing a restructured secondary vocational model, there is
appropriated:
$100,000 ..... 1988.
This appropriation is in addition to the amount
appropriated by Laws 1987, chapter 398, article 10, section 2,
subdivision 2 and is available until June 30, 1989.
The commissioner of education, in consultation with the
state director of vocational technical education, the executive
director of the state council on vocational technical education,
the chair of the University of Minnesota department of
vocational and technical education, and the joint council of
vocational teacher educators, shall develop a restructured model
for the delivery of secondary vocational education. The model
must designate various forms of curriculum that will incorporate
basic skills education and instruction in higher order thinking
skills into secondary vocational programs. The model must
insure articulation of programs between secondary and
post-secondary programs.
The commissioner may contract for temporary staff to
develop the restructured model. The contracts are not subject
to the contract approval procedures of the commissioner of
administration or Minnesota Statutes, chapter 16B. In
developing the model, the commissioner shall provide for active
participation by secondary and post-secondary vocational
technical teachers, vocational teacher educators, special needs
staff, general education teachers, school counselors, school
administrators, and representatives of business, industry, and
labor. By December 1, 1988, the commissioner shall report to
the governor and the education committees of the legislature
about the model and the plans and recommendations for
implementation.
Subd. 3. [EMERGING USES OF TECHNOLOGY.] For collection and
dissemination of information on emerging uses of technologies in
education, there is appropriated:
$20,000 ..... 1989.
Subd. 4. [COMPUTER USE BY TEACHERS.] For collection and
dissemination of information on usage of computers by teachers,
there is appropriated:
$30,000 ..... 1989.
Subd. 5. [PER ASSISTANCE.] For assistance to regions and
districts with their planning, evaluating and reporting process
under Minnesota Statutes, section 126.664, there is appropriated:
$60,000 ..... 1989.
Subd. 6. [AIDS PROGRAM.] For a program to prevent and
reduce the risk of AIDS, there is appropriated:
$900,000 ..... 1989.
The appropriation is in addition to the amount appropriated
by Laws 1987, chapter 398, article 10, section 2, subdivision 2.
Up to $50,000 of this appropriation is for an independent
evaluation of the AIDS program.
The department may use a portion of the appropriation for
technology programs that provide individualized instruction
about AIDS.
The complement of the department is increased by one
professional and one clerical position until June 30, 1991.
The department may contract for noncomplement unclassified
staff for the period of time necessary to implement the AIDS
program.
Subd. 7. [TEACHER LICENSING.] For teacher licensing,
according to Minnesota Statutes, section 125.08, there is
appropriated:
$80,000 ..... 1988.
The $80,000 is available to reimburse costs in both years
of the biennium.
This sum is added to the sum appropriated in Laws 1987,
chapter 398, article 10, section 2, subdivision 2.
Subd. 8. [EDUCATIONAL SERVICES.] For educational services,
there is appropriated:
$250,000 ..... 1989.
This sum is added to the sum appropriated in Laws 1987,
chapter 398, article 10, section 2, subdivision 2.
Subd. 9. [BASIC SKILLS EVALUATION.] To begin a
comprehensive outside evaluation of literacy systems, there is
appropriated:
$75,000 ..... 1989.
This appropriation is contingent upon the department's
receipt of $1 from private sources for each $2 of this
appropriation. The commissioner of education must certify
receipt of the private matching funds. The appropriation shall
be used to begin developing a comprehensive evaluation system
for basic skills programs. The department must contract with an
entity that is not connected to a delivery system.
Subd. 10. [GED ON TV.] For statewide purchase of broadcast
costs, publicity, and coordination of the GED on TV series,
there is appropriated:
$100,000 ..... 1989.
Subd. 11. [METROPOLITAN OPEN ENROLLMENT.] For
implementation of open enrollment in the metropolitan area,
there is appropriated:
$150,000 ..... 1989.
The complement of the department of education is increased
by one professional and .5 clerical position for this purpose.
The department of education shall ensure that information
about opportunities for families under the open enrollment
program is made available to families residing in urban and
suburban school districts. The information must include at
least: opportunities to enroll in urban and suburban districts;
programs that are available; procedures and timelines to enroll
in nonresident districts; and policies of the districts. To
educate and encourage families to the maximum extent possible,
the department may disseminate information, provide assistance
to individual families, provide supportive services for pupils
and families, and provide assistance to districts and district
staff.
Sec. 10. [STATE BOARD; APPROPRIATION.]
For a comprehensive study of desegregation and integration
costs, there is appropriated from the general fund to the state
board of education:
$75,000 ..... 1988.
An unencumbered balance in fiscal year 1988 does not cancel and
is available for fiscal year 1989.
The state board shall contract for a comprehensive study on
the desegregation and integration costs for fiscal years 1988
and 1989 and for the estimated costs for future years. The
board must contract with outside consultants experienced in
program and financial auditing related to desegregation and
integration.
The integration study must identify at least: (1) the
costs attributable to implementing each district's desegregation
plan; (2) the minimum costs necessary to comply with state board
desegregation rules; and (3) the costs that would occur if the
district were not required to comply with state board
desegregation rules. The study must determine the overlap in
revenues and expenditures among desegregation revenue,
integration revenue, and state and federal compensatory
education revenue. The study must include district and building
level analysis, with per student costs and staffing ratios
provided where appropriate.
Selection of a consultant and determination of methodology
must occur by June 1, 1988, in consultation with the Duluth,
Minneapolis, and St. Paul school districts.
The state board shall submit recommendations for financing
desegregation and integration costs and programs, including
options for a uniform allocation method or formula as opposed to
a program budgeting approach. The board shall report to the
governor, the three districts, and the education committees of
the legislature by November 30, 1988.
Sec. 11. [EFFECTIVE DATE.]
Sections 2, 6, 9, and 10 are effective the day following
final enactment.
ARTICLE 6
OTHER EDUCATIONAL FUNDING
Section 1. Minnesota Statutes 1986, section 120.06, is
amended by adding a subdivision to read:
Subd. 3. [PUPILS, AT LEAST 21 YEARS OF AGE.] In addition
to those admitted under subdivision 1, admission to a public
secondary school is free to a person who is eligible under this
subdivision. In order to be eligible, a person must be:
(1) at least 21 years of age;
(2) a resident of the district where the secondary school
is located; and
(3) eligible under section 126.22, subdivision 2.
Free admission is limited to two school years or the
equivalent, or until the pupil completes the courses required to
graduate, whichever is less.
Sec. 2. Minnesota Statutes 1987 Supplement, section
120.17, subdivision 1, is amended to read:
Subdivision 1. [SPECIAL INSTRUCTION FOR HANDICAPPED
CHILDREN.] Every district shall provide special instruction and
services, either within the district or in another district, for
handicapped children who are residents of the district and who
are handicapped as set forth in section 120.03. Special
instruction and services must be provided from birth until
September 1 after the handicapped child becomes 21 years old but
shall not extend beyond secondary school or its equivalent,
except as provided in section 126.22, subdivision 2. Local
health, education, and social service agencies shall refer
children under age five who are known to need or suspected of
needing special instruction and services to the school district.
Districts with less than the minimum number of eligible
handicapped children as determined by the state board shall
cooperate with other districts to maintain a full range of
programs for education and services for handicapped children.
This subdivision does not alter the compulsory attendance
requirements of section 120.10.
Sec. 3. Minnesota Statutes 1987 Supplement, section
122.91, is amended by adding a subdivision to read:
Subd. 7. [REVENUE.] An education district may be eligible
for revenue under section 10.
Sec. 4. Minnesota Statutes 1986, section 123.351, is
amended by adding a subdivision to read:
Subd. 10. [REVENUE.] A secondary vocational cooperative
may be eligible for revenue under section 11.
Sec. 5. Minnesota Statutes 1986, section 123.3514, is
amended by adding a subdivision to read:
Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.]
At the end of each school year, the department of education
shall pay the tuition reimbursement amount to the post-secondary
institutions for courses taken to fulfill high school graduation
requirements by pupils eligible for adult high school graduation
aid. The amount of the tuition reimbursement equals the lesser
of:
(1) the actual costs of tuition, textbooks, materials, and
fees directly related to the course or program taken by the
pupil; or
(2) an amount equal to the difference between the adult
high school graduation aid attributable to that pupil and an
amount computed by multiplying the adult high school graduation
aid by the ratio of the total number of hours that the pupil is
enrolled in courses in the secondary school during the regular
school year over the total number of secondary instructional
hours per pupil in that pupil's resident district.
The amount of tuition reimbursement paid for each pupil
shall be subtracted from the adult high school graduation aid
paid to the pupil's resident district. If a pupil is enrolled
in a course for post-secondary credit, the school district shall
include the pupil in average daily membership as computed under
section 120.17, subdivision 1 only for the portion of time
during which the pupil is enrolled in courses at the secondary
school and enrolled in courses at the post-secondary institution
for secondary credit.
The department must not pay any tuition reimbursement or
other costs of a course taken for post-secondary credit only.
Sec. 6. Minnesota Statutes 1986, section 124.17, is
amended by adding a subdivision to read:
Subd. 2e. [AVERAGE DAILY MEMBERSHIP, PUPILS AGE 21 OR
OVER.] The average daily membership for pupils age 21 or over,
is equal to the ratio of the number of yearly hours that the
pupil is in membership to the number of instructional hours in
the district's regular school year.
Sec. 7. Minnesota Statutes 1986, 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) sections 124A.03, subdivision 1, 124A.06, subdivision
3a, and 124A.08, subdivision 3a, section 124A.23 if the district
is entitled to basic foundation receives general education aid
according to that section 124A.02;
(ii) section 124A.10, subdivision 3a, if the district is
entitled to third tier aid according to section 124A.10,
subdivision 4;
(iii) sections 124A.12, subdivision 3a, and 124A.14,
subdivision 5a, if the district is eligible for fourth tier aid
according to section 124A.12, subdivision 4;
(iv) sections 124A.03, subdivision 4, and 275.125,
subdivision 2j, if the district is entitled to summer school aid
according to section 124.201; and
(v) (ii) section 275.125, subdivisions 5 and 5c, if the
district is entitled to receives transportation aid according to
section 124.225, subdivision 8a;
(iii) section 124.244, if the district receives capital
expenditure aid according to that section;
(iv) section 275.125, subdivision 11c, if the district
receives hazardous substance aid according to section 124.245;
(v) section 275.125, subdivision 8, clauses (a) and (b), if
the district receives community education aid according to
section 124.271;
(vi) section 275.125, subdivision 8b, if the district
receives early childhood family education aid according to
section 124.2711; and
(vii) section 275.125, subdivision 6f, if the district
receives exceptional need aid according to section 124.217;
(b) to the total amount of the district's certified levy in
the preceding October pursuant to sections 124A.03, 124A.06,
subdivision 3a, 124A.08, subdivision 3a, 124A.10, subdivision
3a, 124A.12, subdivision 3a, 124A.14, subdivision 5a, and
275.125, plus or minus auditor's adjustments.
Sec. 8. Minnesota Statutes 1987 Supplement, section
124.214, subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX INCREMENT.] If a return of excess tax
increment is made to a school district pursuant to section
469.176, subdivision 2, or upon decertification of a tax
increment district, the school district's aid entitlements and
levy limitations must be adjusted for the fiscal year in which
the excess tax increment is paid under the provisions of this
subdivision.
(a) An amount must be subtracted from the school district's
aid for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to
the school district, times
(2) the ratio of:
(A) the sum of the amounts of the school district's
certified levy for the fiscal year in which the excess tax
increment is paid according to the following:
(i) sections 124A.03, subdivision 1, 124A.06, subdivision
3a, and 124A.08, subdivision 3a, section 124A.23 if the school
district is entitled to basic foundation receives general
education aid according to that section 124A.02;
(ii) sections 124A.10, subdivision 3a, and 124A.20,
subdivision 2, if the school district is entitled to third-tier
aid according to section 124A.10, subdivision 4;
(iii) sections 124A.12, subdivision 3a, and 124A.14,
subdivision 5a, if the school district is eligible for
fourth-tier aid according to section 124A.12, subdivision 4;
(iv) section 124A.03, subdivision 4, if the school district
is entitled to summer school aid according to section 124.201;
and
(v) (ii) section 275.125, subdivisions 5 and 5c, if the
school district is entitled to receives transportation aid
according to section 124.225, subdivision 8a;
(iii) section 124.244, if the district receives capital
expenditure aid according to that section;
(iv) section 275.125, subdivision 11c, if the district
receives hazardous substance aid according to section 124.245;
(v) section 275.125, subdivision 8, clauses (a) and (b), if
the district receives community education aid according to
section 124.271;
(vi) section 275.125, subdivision 8b, if the district
receives early childhood family education aid according to
section 124.2711; and
(vii) section 275.125, subdivision 6f, if the district
receives exceptional need aid according to section 124.217;
(B) to the total amount of the school district's certified
levy for the fiscal year pursuant to sections 124A.03, 124A.06,
subdivision 3a, 124A.08, subdivision 3a, 124A.10, subdivision
3a, 124A.12, subdivision 3a, 124A.14, subdivision 5a, 124A.20,
subdivision 2, and 275.125, plus or minus auditor's adjustments.
(b) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the
difference between:
(1) the amount of the distribution of excess increment, and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district shall use the payment of excess tax increment to
replace the aid and levy revenue reduced under this subdivision.
This subdivision applies only to the total amount of excess
increments received by a school district for a calendar year
that exceeds $25,000.
Sec. 9. [124.261] [ADULT HIGH SCHOOL GRADUATION AID.]
Adult high school graduation aid for eligible pupils age 21
or over, equals an allowance of 65 percent of the general
education formula allowance times the average daily membership
under section 124.17, subdivision 2e. Adult high school
graduation aid must be paid in addition to any other aid to the
district. Average daily membership of eligible pupils must not
be used in the computation of pupil units under section 124.17,
subdivision 1, for any purpose other than the computation of
adult high school graduation aid.
Sec. 10. [124.2721] [EDUCATION DISTRICT REVENUE.]
Subdivision 1. [ELIGIBILITY.] An education district is
eligible for education district revenue if the department
certifies that it meets the requirements of section 122.91,
subdivisions 3 and 4. The pupil units of a district that is a
member of intermediate district No. 287, 916, or 917 may not be
used to obtain revenue under this section. The pupil units of a
district may not be used to obtain revenue under this section
and section 11.
Subd. 2. [REVENUE.] Education district revenue is $60 per
actual pupil unit in each district that is a member of an
education district.
Subd. 3. [LEVY.] To obtain education district revenue, an
eligible education district may levy the lesser of its education
district revenue or the amount raised by 1.3 mills times the
adjusted assessed valuation of each participating district for
the preceding year. Each year, the education district board
shall certify to the county auditor or county auditors the
amount of taxes to be levied under this section.
Subd. 4. [AID.] The aid for an education district equals
its education district revenue minus its education district
levy, times the ratio of the actual amount levied to the
permitted levy.
Subd. 5. [USES OF REVENUE.] Education district revenue
must be used by the education district board to provide
educational programs according to the agreement adopted by the
education district board, as required by section 122.94.
Sec. 11. [124.575] [SECONDARY VOCATIONAL COOPERATIVE
REVENUE.]
Subdivision 1. [ELIGIBILITY.] A secondary vocational
cooperative established under section 123.351 is eligible for
secondary vocational cooperative revenue if it meets the size
requirements specified in section 122.96, subdivision 3, and the
cooperative offers programs authorized under section 123.351,
subdivision 4, paragraph (b), clause (1), and clause (2) or
(3). The pupil units of a district that is a member of
intermediate school district No. 287, 916, or 917 may not be
used to obtain revenue under this section. The pupil units of a
district may not be used to obtain revenue under this section
and section 10.
Subd. 2. [REVENUE.] Secondary vocational cooperative
revenue is $20 per actual pupil unit in the participating school
districts of a secondary vocational cooperative.
Subd. 3. [LEVY.] To obtain secondary vocational
cooperative revenue, an eligible secondary vocational
cooperative may levy the lesser of its secondary vocational
cooperative revenue or the amount raised by .4 mills times the
adjusted assessed valuation of each member district for the
preceding year. Each year, the secondary vocational cooperative
board must certify the amount of taxes to be levied under this
section to the county auditor or county auditors.
Subd. 4. [AID.] The aid for a secondary vocational
cooperative equals its secondary vocational cooperative revenue
minus its secondary vocational cooperative levy, times the ratio
of the actual amount levied to the permitted levy.
Sec. 12. Minnesota Statutes 1987 Supplement, section
126.22, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENTS PUPILS.] The
following students pupils are eligible to participate in the
high school graduation incentives program:
(a) any student pupil who is between the ages of 12 and 16
and who:
(1) is at least two grade levels below the performance
level for students pupils of the same age in a locally
determined achievement test; or
(2) is at least one year behind in obtaining credits for
graduation; or
(3) is pregnant or is a parent; or
(4) has been assessed as chemically dependent; or
(5) has been absent from attendance at school without
lawful excuse for one or more class periods on more than 15
consecutive school days in the preceding or current school year;
(b) any student pupil who is between the ages of 16 and 19
who is attending school, and who is at least two grade levels
below the performance level for students pupils of the same age
in a locally determined achievement test, or is at least one
year behind in obtaining credits for graduation, or is pregnant
or is a parent, or has been assessed as chemically dependent; or
(c) any person between 16 and 21 years of age who has not
attended a high school program for at least 15 consecutive
school days, excluding those days when school is not in session,
and who is at least two grade levels below the performance level
for students pupils of the same age in a locally determined
achievement test, or is at least one year behind in obtaining
credits for graduation, or has been assessed as chemically
dependent; or
(d) any person who is at least 21 years of age and who:
(1) has received less than 14 years of public or nonpublic
education, beginning at age 5;
(2) has already completed the studies ordinarily required
in the 10th grade but has not completed the requirements for a
high school diploma or the equivalent; and
(3) at the time of application, (i) is eligible for
unemployment compensation benefits or has exhausted the
benefits, (ii) is eligible for or is receiving income
maintenance and support services, as defined in section
268.0111, subdivision 5, or (iii) is eligible for services under
the displaced homemaker program, state wage-subsidy program, or
any programs under the federal Jobs Training Partnership Act or
its successor.
Notwithstanding section 127.27, subdivision 7, the
provisions of section 127.29, subdivision 1, do not apply to
pupils age 17 and older who participate in the high school
graduation incentives program.
Sec. 13. Minnesota Statutes 1987 Supplement, section
126.22, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] Students Pupils who are
eligible to participate under subdivision 2 may enroll in the
following programs:
(a) Any program approved by the state board of education
under Minnesota Rules, part 3500.3500, including area learning
centers under sections 129B.52 to 129B.55, or according to
section 121.11, subdivision 12, may enroll students pupils who
are eligible to participate under subdivision 2, clause (a), (b)
or, (c), or (d);
(b) Students Pupils eligible to participate under
subdivision 2, clause (b) or, (c), or (d) may enroll in
secondary school courses upon a resolution passed by a school
board approving enrollment, or may enroll in post-secondary
courses under section 123.3514; and
(c) Any public secondary education program may enroll any
student pupil who is eligible to participate under subdivision
2, clause (a), (b) or, (c), or (d).
An eligible institution providing eligible programs as
defined in this subdivision may contract with an entity
providing adult basic education programs under the community
education program contained in section 121.88 for actual program
costs.
Sec. 14. Minnesota Statutes 1986, section 129B.20,
subdivision 1, is amended to read:
Subdivision 1. [FUNDING.] Each site shall receive $1,250
each year for two years. If fewer than 30 sites are selected,
each site shall receive an additional proportionate share of
money appropriated and not used. Before receiving money for the
second year, a long-range plan for arts education must be
submitted to the department.
Sec. 15. Minnesota Statutes 1987 Supplement, section
129B.53, subdivision 2, is amended to read:
Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide
programs for secondary pupils and adults, giving priority to
serving persons between 16 and 21 years of age. Secondary
pupils to be served are those who are chemically dependent, not
likely to graduate from high school, need assistance in
vocational and basic skills, can benefit from employment
experiences, and need assistance in transition from school to
employment. Adults to be served are dislocated homemakers and
workers and others who need basic educational and social
services. In addition to offering programs, the center shall
coordinate the use of other available educational services,
social services, and post-secondary institutions in the
community. The center may also provide programs for elementary
and secondary pupils who are not attending the center to assist
them in completing high school.
Sec. 16. Minnesota Statutes 1987 Supplement, section
136D.27, is amended to read:
136D.27 [TAX STATE AIDS AND LEVIES, CERTIFICATES OF
INDEBTEDNESS.]
Subdivision 1. [LEVIES FOR CERTAIN PROGRAMS.] Each year
the joint school board may certify to each participating school
district tax levies that shall not in any year exceed .6 mills
on each dollar of adjusted assessed valuation for special
education and .7 mills on each dollar of adjusted assessed
valuation for expenses for secondary vocational education. Each
participating school district shall include such these tax
levies in the next tax roll which it shall certify to the county
auditor or auditors, and shall remit the collections of such
levies to the board promptly when received. Such These levies
shall not be included in computing the limitations upon the levy
of any participating district under sections 124A.03, 124A.06,
subdivision 3a, 124A.08, subdivision 3a, 124A.10, subdivision
3a, 124A.12, subdivision 3a, 124A.14, subdivision 5a, and
275.125. The board may, any time after such these levies have
been certified to the participating school districts, issue and
sell certificates of indebtedness in anticipation of the
collection of such levies, but in aggregate amounts such as will
not exceed the portion of the levies which is then not collected
and not delinquent.
Subd. 2. [PROHIBITED LEVIES.] Notwithstanding section
136D.24 or any other law to the contrary, the joint school board
may not certify, either itself, to any participating district,
or to any cooperating school district, any levies for any
purpose, except the levies authorized by subdivision 1, sections
127.05, 275.125, subdivisions 8c and 14a, 275.48, and 475.61,
and for the joint school board's obligations under section
268.06, subdivision 25, for which a levy is authorized by
section 275.125, subdivision 4.
Subd. 3. [PROHIBITED STATE AIDS.] Notwithstanding section
136D.24 or any law to the contrary, the department of education
shall not pay, unless explicitly authorized by statute, any
state aid, grant, credit, or other money to the joint school
board, except the aid, credit, or money authorized by sections
121.201, 123.3514, 124.2137, 124.252, 124.32, 124.573, 124.574,
and 124.646, and chapter 273.
Sec. 17. Minnesota Statutes 1986, section 136D.74, is
amended by adding a subdivision to read:
Subd. 2a. [PROHIBITED LEVIES.] Notwithstanding
subdivisions 2 and 4, section 136D.73, subdivision 3, or any
other law to the contrary, the intermediate school board may not
certify, either itself, to any participating district, or to any
cooperating school district, any levies for any purpose, except
the levies authorized by subdivision 1, sections 127.05,
275.125, subdivisions 8c and 14a, 275.48, and 475.61, and for
the intermediate school board's obligations under section
268.06, subdivision 25, for which a levy is authorized by
section 275.125, subdivision 4.
Sec. 18. Minnesota Statutes 1986, section 136D.74, is
amended by adding a subdivision to read:
Subd. 2b. [PROHIBITED STATE AIDS.] Notwithstanding
subdivision 4 or any law to the contrary, the department of
education shall not pay, unless explicitly authorized, any state
aid, grant, credit, or other money to the intermediate school
board, except the aid, credit, or money authorized by sections
121.201, 123.3514, 124.2137, 124.252, 124.32, 124.573, 124.574,
and 124.646, and chapter 273.
Sec. 19. Minnesota Statutes 1987 Supplement, section
136D.87, is amended to read:
136D.87 [TAX LEVIES, CERTIFICATES OF INDEBTEDNESS.]
Subdivision 1. [LEVIES FOR CERTAIN PROGRAMS.] Each year
the joint school board may certify to each participating school
district tax levies that shall not in any year exceed .6 mills
on each dollar of adjusted assessed valuation for expenses for
special education and .7 mills on each dollar of adjusted
assessed valuation for expenses for secondary vocational
education. Each participating school district shall include
such these tax levies in the next tax roll which it shall
certify to the county auditor or auditors and shall remit the
collections of such these levies to the board promptly when
received. Such These levies shall not be included in computing
the limitations upon the levy of any participating district
under sections 124A.03, 124A.06, subdivision 3a, 124A.08,
subdivision 3a, 124A.10, subdivision 3a, 124A.12, subdivision
3a, 124A.14, subdivision 5a, and 275.125. The board may, any
time after such these levies have been certified to the
participating school districts, issue and sell certificates of
indebtedness in anticipation of the collection of such levies,
but in aggregate amounts such as that will not exceed the
portion of the levies which is then not collected and not
delinquent.
Subd. 2. [PROHIBITED LEVIES.] Notwithstanding section
136D.84 or any other law to the contrary, the joint school board
may not certify, either itself, to any participating district,
or to any cooperating school district, any levies for any
purpose, except the levies authorized by subdivision 1, sections
127.05, 275.125, subdivisions 8c and 14a, 275.48, and 475.61,
and for the joint school board's obligations under section
268.06, subdivision 25, for which a levy is authorized by
section 275.125, subdivision 4.
Subd. 3. [PROHIBITED STATE AIDS.] Notwithstanding section
136D.24 or any law to the contrary, the department of education
shall not pay, unless explicitly authorized, any state aid,
grant, credit, or other money to the joint school board, except
for aid, credit, or money authorized by sections 121.201,
123.3514, 124.2137, 124.252, 124.32, 124.573, 124.574, and
124.646, and chapter 273.
Sec. 20. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 6i. [RULE COMPLIANCE LEVY.] Each year a district
that is required to implement a plan according to the
requirements of Minnesota Rules, parts 3535.0200 to 3535.2200,
may levy an amount not to exceed one mill times the adjusted
assessed valuation of the district. Independent school district
No. 625, St. Paul, may levy according to this subdivision and
subdivision 6e. 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.
Sec. 21. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 8e. [INTERDISTRICT COOPERATION LEVY.] This
subdivision does not apply to special school district No. 1,
independent school district No. 11, 625, or 709, or to a
district that is a member of intermediate school district No.
287, 916, or 917. A district may levy each year under this
subdivision if it:
(1) is a member of an education district, under sections
122.91 to 122.96, and the education district of which the
district is a member does not receive revenue under section 10;
or
(2) has a cooperation agreement with other districts to
expand curricular offerings in mathematics in grades 10 to 12,
science in grades 10 to 12, foreign languages for two years,
computer usage, or other programs recommended by the state board.
The levy must not exceed the amount raised by one mill
times the adjusted assessed valuation of the district for the
preceding year. A district that is a member of a secondary
vocational cooperative that levies under section 11, may levy
the difference between the amount raised by one mill times the
adjusted valuation of the district for the preceding year and
the amount levied under section 11. The proceeds of the levy
may be used only to pay for instructional and administrative
costs incurred in providing the curricular offerings under this
section. A district may not spend more than five percent of the
amount of the levy for administration.
Sec. 22. Laws 1987, chapter 398, article 3, section 38, is
amended to read:
Sec. 38. [COMMISSION SPECIAL EDUCATION STUDY STUDIES.]
The sum of $100,000 $250,000 is appropriated for fiscal
year 1988 from the general fund to the legislative commission on
public education for the commission to conduct: (1) a
comprehensive qualitative and quantitative evaluation and
analytical study of special education, financing, and related
services; (2) a study of education accountability measures; and
(3) an education organization study that includes findings about
learning opportunities for learners, financial considerations,
and alternative patterns of educational organization. The sum
is available until June 30, 1989.
Sec. 23. [TASK FORCE ON EDUCATION ORGANIZATION.]
Subdivision 1. [ESTABLISHED.] There is established a task
force on education organization that is composed of 24 members.
It shall be an advisory task force to the legislative commission
on public education.
Subd. 2. [MEMBERSHIP.] The legislative commission on
public education shall appoint 18 members who represent various
sizes of school districts and geographical areas of the state.
Each member shall be a person who has knowledge of:
(1) the group selecting the person;
(2) the day-to-day operations of schools; and
(3) the items to be considered by the task force.
A person selected by a group is not required to be a member
of the group.
By June 1, 1988, each group shall submit to the chair of
the legislative commission the names of two people and the
commission shall select, at random, one of the two people to
serve on the task force. Each of the following groups shall be
represented on the task force:
(1) state board of education;
(2) state curriculum advisory committee;
(3) Minnesota school boards association;
(4) association of stable or growing school districts;
(5) association of metropolitan school districts;
(6) Minnesota rural education association;
(7) Minnesota community education association;
(8) Minnesota association of school administrators;
(9) Minnesota association of secondary vocational
administrators;
(10) Minnesota administrators of special education;
(11) Minnesota association of secondary school principals;
(12) Minnesota elementary school principals' association;
(13) Minnesota education association;
(14) Minnesota federation of teachers;
(15) Minnesota congress of parents, teachers, and students;
(16) independent school district Nos. 11 and 625 and
special school district No. 1;
(17) the business community; and
(18) associations representing nonpublic education.
In addition, six members of the legislature shall be
appointed to the task force. The subcommittee on committees of
the committee on rules and administration of the senate shall
appoint three members of the senate. The speaker of the house
of representatives shall appoint three members of the house.
The commissioner of education, or a designee, shall be an
ex officio nonvoting member of the task force.
The chair of the legislative commission shall convene the
first meeting of the task force by July 1, 1988. The task force
members shall elect the chair of the task force.
Subd. 3. [ITEMS FOR CONSIDERATION.] In considering
education organization, the task force shall consider and make
findings about the following:
(1) learning opportunities, including, but not limited to:
(i) minimum and maximum curricular offerings;
(ii) alternatives to traditional instructional time or
learning year;
(iii) state board of education rules;
(iv) learning and teaching options; and
(v) community education and its implications;
(2) financial considerations, including, but not limited to:
(i) funding and tax equity;
(ii) the relationship between educational expenditures and
student achievement;
(iii) implications for employees, including salaries,
fringe benefits, and collective bargaining;
(iv) facility needs, uses, and alternatives, including
construction of duplicative facilities by adjacent districts;
and
(v) community education and its implications;
(3) alternative patterns of organization, including, but
not limited to:
(i) various management organizational structures;
(ii) technology use;
(iii) incentives to reorganize;
(iv) research on education organization; and
(v) community education and its implications.
Subd. 4. [SUBCOMMITTEES.] The task force shall appoint at
least two subcommittees. One subcommittee shall address
curriculum and learning opportunities. One subcommittee shall
address organizational structures and finance. The members of
both subcommittees shall be representative of various sizes of
school districts and geographical areas of the state.
Subd. 5. [EXPENSES AND EXPIRATION.] The task force shall
be governed by Minnesota Statutes, section 15.059, subdivision 6.
Subd. 6. [STAFF ASSISTANCE.] The education committees of
the legislature and the department of education shall provide
staff assistance to the task force and subcommittees.
Subd. 7. [FINDINGS.] The task force shall report its
findings to the legislative commission by December 1, 1988.
Sec. 24. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] There is
appropriated from the general fund or other named fund to the
department of education the sums indicated in this section for
fiscal years ending June 30 in the years designated.
Subd. 2. [HUTCHINSON SCHOOL DISTRICT.] To reimburse
independent school district No. 423, Hutchinson, for expenses
actually incurred in participating in the national bicentennial
competition on the Constitution and Bill of Rights, there is
appropriated:
$12,000 ..... 1988.
Subd. 3. [ADULT HIGH SCHOOL GRADUATION AID.] For adult
high school graduation aid, there is appropriated:
$1,000,000 ..... 1989.
If the appropriation is insufficient, the aid must be
prorated.
Subd. 4. [INTEGRATION GRANTS.] For grants for integration
expenditures, there is appropriated:
$12,013,600 ..... 1989.
Grant amounts may not exceed $981,900 for independent
school district No. 709, Duluth, $5,950,300 for special school
district No. 1, Minneapolis, and $5,081,400 for independent
school district No. 625, St. Paul. As a condition of receiving
a grant, each district must continue to report its costs
according to the uniform financial accounting and reporting
system and must provide the information requested for the state
board of education study of integration costs. As a further
condition of receiving a grant, each district must submit a
report to the chairs of the education committees of the
legislature about the actual expenditures it made for
integration using the grant money.
Subd. 5. [CHISHOLM SCHOOL DISTRICT.] For a grant for a
leadership program in independent school district No. 695,
Chisholm, there is appropriated:
$20,000 ..... 1989.
Subd. 6. [NORTHEAST MINNESOTA TECHNOLOGY CONSORTIUM.] For
a grant to the northeast Minnesota technology and education
consortium to develop a pilot computer technology program, there
is appropriated:
$50,000 ..... 1989.
Subd. 7. [NORTHWEST EDUCATIONAL TECHNOLOGY
COOPERATIVE.] For a grant to independent school district Nos.
351, 354, 436, 437, 442, 443, and 446 to develop a cooperative
educational technology program, there is appropriated:
$100,000 ..... 1988.
Any unexpended amount does not cancel and is available
until June 30, 1989.
Sec. 26. [EFFECTIVE DATE.]
Sections 22, 23, and 24 are effective the day following
final enactment.
Sections 10, subdivision 4, and 11, subdivision 4, are
effective for the 1989-1990 school year.
ARTICLE 7
MISCELLANEOUS
Section 1. Minnesota Statutes 1986, section 92.06,
subdivision 4, is amended to read:
Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a
person has made improvements to the land and if the commissioner
believes that person settled the land in good faith as homestead
land under the laws of the United States before it was certified
to the state, or if the improvements were lawfully made by that
person as a lessee of the state, then the value of the
improvements must be separately appraised and, if the settler or
lessee purchases the land, the settler or lessee is not required
to pay for the improvements. If another person purchases the
land, that person must pay the state at the time of sale the
owner of the improvements, in addition to all other required
payments, the appraised amount for the improvements. The amount
received by the state for the improvements must be paid to the
settler or lessee or heirs, representatives, or assigns of the
settler or lessee. Payment must be made by warrant drawn by the
commissioner of finance upon the state treasurer. Amounts
received for the improvements are appropriated for making the
payments Payment for improvements must be made within 15 days of
the auction sale, either in cash or upon terms and conditions
agreeable to the owner of the improvements. If payment for
improvements is not made in cash, and if there is no agreement
between the parties within 15 days of the auction sale, the
commissioner may:
(1) sell the property to the second highest qualified
bidder if that bidder submitted to the commissioner's
representative, at the auction sale, a written request to buy
the property at a specified price; or
(2) void the sale and reoffer the property at a subsequent
sale.
This subdivision does not apply unless the person seeking
its benefit owner of the improvements makes a verified
application to the commissioner showing entitlement to it the
improvements before the first state public sale at which the
land is offered for sale. The applicant must appear at the sale
and offer to purchase the land for at least its appraised value
including all timber on it, and make the purchase if no higher
bid is received. Actions or other proceedings involving the
land in question begun before the sale must have been completed.
Sec. 2. Minnesota Statutes 1986, section 92.14, is amended
by adding a subdivision to read:
Subd. 3. [ADDITIONAL ADVERTISING OF LAND SALES.] In
addition to posted notice of land sales required by subdivisions
1 and 2, the commissioner shall publicize land sales in
Minnesota and elsewhere to the greatest extent possible,
consistent with appropriations available for that purpose.
Sec. 3. Minnesota Statutes 1987 Supplement, section 92.46,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
designate suitable portions of the state lands withdrawn from
sale and not reserved, as provided in section 92.45, as
permanent state public campgrounds. The director may have the
land surveyed and platted into lots of convenient size, and
lease them for cottage and camp purposes under terms and
conditions the director prescribes, subject to the provisions of
this section.
(b) A lease may not be made for a term more than 20 years.
The lease may allow renewal, from time to time, for additional
terms of no longer than 20 years each. The lease may be
canceled by the commissioner 90 days after giving the person
leasing the land written notice of violation of lease
conditions. The lease rate shall be based on the appraised
value of leased land as determined by the commissioner of
natural resources. The appraised value shall be the value of
the leased land without any private improvements and must be
comparable to similar land without any improvements within the
same county.
(c) By July 1, 1986, the commissioner of natural resources
shall adopt rules under chapter 14 to establish procedures for
leasing land under this section. The rules shall be subject to
review and approval by the commissioners of revenue and
administration prior to the initial publication pursuant to
chapter 14 and prior to their final adoption. The rules must
address at least the following:
(1) method of appraising the property;
(2) determination of lease rates; and
(3) an appeal procedure for both the appraised values and
lease rates.
(d) All money received from these leases must be credited
to the fund to which the proceeds of the land belong.
Notwithstanding section 16A.125 or any other law to the
contrary, 50 percent of the money received from the lease of
permanent school fund lands leased pursuant to this subdivision
shall be deposited into the permanent school trust fund.
However, in fiscal years 1987, 1988, 1989, 1990, 1991, and 1992,
the money received from the lease of permanent school fund lands
that would otherwise be deposited into the permanent school fund
is hereby appropriated to survey, appraise, and pay associated
selling costs of lots as required in section 92.67, subdivision
3. The money appropriated may not be used to pay the cost of
surveying lots not scheduled for sale. Any money designated for
deposit in the permanent school fund that is not needed to
survey, appraise, and pay associated selling costs of lots, as
required in section 92.67, shall be deposited in the permanent
school fund. The commissioner shall add to the appraised value
of any lot offered for sale the costs of surveying, appraising,
and selling the lot, and shall first deposit the costs recovered
in into the permanent school fund and an amount equal to the
costs of surveying, appraising, and selling any lot paid out of
the permanent school fund. Any remaining money shall be
deposited into any other contributing funds in proportion to the
contribution from each fund. In no case may the commissioner
add to the appraised value of any lot offered for sale an amount
more than $700 for the costs of surveying and appraising the
lot. Notwithstanding section 92.67, subdivision 4, as to
requests for sale of lakeshore lots received before January 1,
1987, the commissioner shall hold the sale before October 31,
1987, if possible, and, if not possible, the lots shall be
offered for sale at the next sale in the succeeding year.
Sec. 4. Minnesota Statutes 1987 Supplement, section 92.67,
subdivision 1, is amended to read:
Subdivision 1. [SALE REQUIREMENT.] Notwithstanding section
92.45 or any other law, at the request of a lessee or as
otherwise provided in this section, the commissioner of natural
resources shall sell state property bordering public waters that
is leased for the purpose of a private cabin under section
92.46. Requests for sale must be made prior to July 1, 1991
December 31, 1992, and the commissioner shall complete all
requested sales and sales arising from those requests by July 1,
1992. The lessee making the request may designate the lesser of
$500 or the lease payment in the year the request is made to be
used as part of the down payment December 31, 1993, subject to
section 92.67, subdivision 3, clause (d). The sale shall be
made in accordance with laws providing for the sale of trust
fund land except as modified by the provisions of this section.
Sec. 5. Minnesota Statutes 1987 Supplement, section 92.67,
subdivision 3, is amended to read:
Subd. 3. [APPRAISERS; ALLOCATION OF APPRAISAL AND SURVEY
COSTS.] (a) The For an appraisal conducted before the effective
date of this section, a lessee requesting the sale may select a
person who meets the minimum appraisal standards established by
the federal Farmers Home Administration or the federal Veterans
Administration to appraise the property to be sold. If more
than one lessee of a cabin site lot leased by the commissioner
under section 92.46 within a platted area requests the sale of a
leased lot, all requesting lessees may jointly agree upon an
appraiser. If the lessee or lessees do not select an appraiser,
the commissioner of natural resources shall select the
appraiser. An appraisal prepared by a person who meets the
minimum appraisal standards established by the Farmers Home
Administration or the federal Veterans Administration, but who
is not included on the list of appraisers approved by the
commissioner of administration for the appraisal of state
property, must be reviewed by an appraiser selected by the
commissioner of natural resources from the commissioner of
administration's list of approved appraisers. If, upon
conclusion of this review, the commissioner of natural resources
determines that the appraisal under review does not meet state
appraisal standards, the commissioner shall reject the appraisal
and have the property reappraised by an appraiser selected from
the list approved by the commissioner of administration.
For appraisals conducted on and after the effective date of
this section, all appraisals of lots offered for sale shall be
performed by persons selected by the commissioner who are
included on the list of appraisers approved by the commissioner
of administration for the appraisal of state property. A lessee
requesting a sale may recommend to the commissioner a person
from the approved list to appraise the property to be sold. The
commissioner shall supply the approved list to any lessee upon
request.
(b) The costs of appraisal shall be allocated by the
commissioner to the lots offered for sale and the successful
bidder on each lot shall reimburse the commissioner for the
appraisal costs allocated to the lot bid upon up to $700 for
each lot appraised. If there are no successful bidders on a
lot, the commissioner is responsible for the appraisal cost
allocated to that lot.
(c) The commissioner shall survey a lot prior to offering
it for sale. The commissioner is responsible for the survey
cost.
(d) The lessee may stop the sale process after the
appraisal but before the sale. The lessee must reimburse the
commissioner for the cost of the appraisal if the sale is
stopped If a lessee disagrees with the appraised value of the
lessee's improvements, the lessee may select an appraiser from
the approved list of appraisers to reappraise the improvements.
The lessee is responsible for the cost of this reappraisal. If
the commissioner and the lessee fail to agree on the value of
the improvements within 180 days of the date an appraisal is
performed, the commissioner shall offer the lot for sale at a
price that incorporates the county assessor's estimated market
value of the improvements adjusted by the assessment/sales ratio
as determined by the department of revenue.
Sec. 6. Minnesota Statutes 1987 Supplement, section 92.67,
subdivision 4, is amended to read:
Subd. 4. [TIMING OF SALES.] (a) The commissioner shall
offer lakeshore cabin site lots for sale pursuant to written
request and in accordance with the following schedule:
(1) as to requests received before January 1, 1987 1988,
the sale shall be held not later than by October 31, 1987 1988,
if possible. However, if a lot is not offered for sale by that
date, the lot shall be offered for sale at the next sale in the
next year;
(2) as to requests received each calendar year after
December 31, 1986 1987, the sale shall be held in June, July, or
August of the year after the request is received;
(3) notwithstanding clause (2), the commissioner may offer
a lot for sale in the year the request is received if the
commissioner will offer for sale in that year other lots platted
with the late requested lot;
(4) notwithstanding clause (2), if more than 50 percent of
the lessees in a platted area request by December 31 of a
calendar year that their lots be offered for sale, the
commissioner shall offer for sale at one time during June, July,
or August of the following year all lots in a platted area. If
a lessee, whose lot is located in a plat where more than 50
percent of the lessees request that their lots be offered for
sale, requests in writing that the lessee's lot not be offered
for sale, the commissioner may not offer the lot for sale until
1993; and
(5) lots that are unsold for any reason at the end of 1993
shall be offered for sale in increments over a period of five
years beginning in 1994. Lots that are unsold for any reason at
the end of 1998 shall be offered for sale in 1999 and each year
thereafter until sold.
(b) The last sales shall be held in 1992. Lots not sold
the first year offered may be reoffered in a succeeding year,
following reappraisal if it is determined necessary by the
commissioner.
(c) If a person other than the lessee purchases the leased
lakeshore cabin site, the purchaser must make payment in full to
the lessee at the time of the sale, in the manner provided in
section 92.06, subdivision 4, for the appraised value of any
improvements. Failure of a successful bidder to comply with
this provision voids the sale and the property must be rebid, if
possible, at the same sale may be reoffered for sale as provided
in section 92.06, subdivision 4.
Sec. 7. Minnesota Statutes 1986, section 92.67,
subdivision 5, is amended to read:
Subd. 5. [TERMS OF SALE.] For the sale of the public lands
under this section, the purchaser shall pay the state ten
percent of the purchase price at the time of the sale. The
balance must be paid in no more than 20 equal annual
installments. The interest rate on the remaining balance shall
be eight percent per year at the rate in effect at the time of
the sale under section 549.09.
Sec. 8. [120.062] [ENROLLMENT OPTIONS PROGRAM.]
Subdivision 1. [CERTAIN DISTRICTS EXCLUDED.] For the
1989-1990 school year only, this section applies to a district
that has more than 1,000 actual pupil units in kindergarten
through grade 12.
Subd. 2. [ESTABLISHMENT.] An enrollment options program is
established to enable any pupil to attend a school or program in
a district in which the pupil does not reside, subject to the
limitations in this section.
Subd. 3. [CLOSED DISTRICTS.] A school board may, by
resolution, determine that nonresident pupils may not attend any
of its schools or programs according to this section.
Subd. 4. [PUPIL APPLICATION PROCEDURES.] In order that a
pupil may attend a school or program in a nonresident district,
the pupil's parent or guardian must submit an application to the
nonresident district. The parent or guardian of a pupil
residing in a district that does not have a desegregation plan
approved by the state board of education must submit an
application by January 1 for enrollment during the following
school year. The parent or guardian of a pupil residing in a
district that has a desegregation plan approved by the state
board of education may apply to a district at any time. The
application shall be on a form provided by the department of
education. A particular school or program may be requested by
the parent.
Subd. 5. [DESEGREGATION PLANS.] A district that has a
desegregation plan approved by the state board of education may
limit the number of pupils who transfer into or out of the
district. To remain in compliance with its desegregation plan,
the district may establish the number of majority and minority
group pupils who may transfer into or out of the district. The
district may accept or reject applications in a manner that will
enable compliance with the desegregation plan. The district
shall notify the parent or guardian and the resident district
according to the requirements of subdivision 6.
Subd. 6. [NONRESIDENT DISTRICT PROCEDURES.] Within 60 days
of receiving an application, a district that does not exclude
nonresident pupils, according to subdivision 3, shall notify the
parent or guardian and the resident district in writing whether
the application has been accepted or rejected. If an
application is rejected, the district must state in the
notification the reason for rejection.
Subd. 7. [BASIS FOR DECISIONS.] The school board must
adopt, by resolution, specific standards for acceptance and
rejection of applications. Standards may include the capacity
of a program, class, grade level, or school building. Standards
may not include previous academic achievement, athletic or other
extracurricular ability, handicapping conditions, proficiency in
the English language, or previous disciplinary proceedings.
Subd. 8. [WAIVER OF DEADLINES.] Upon agreement of the
resident and nonresident school boards, if applicable, the
deadlines in subdivisions 4 and 6 may be waived.
Subd. 9. [TRANSPORTATION.] If requested by the parent of a
pupil, the nonresident district shall provide transportation
within the district. The state shall pay transportation aid to
the district according to section 124.225.
The resident district is not required to provide or pay for
transportation between the pupil's residence and the border of
the nonresident district. A parent may be reimbursed by the
nonresident district for the costs of transportation from the
pupil's residence to the border of the nonresident district if
the pupil is from a family whose income is at or below the
poverty level, as determined by the federal government.
Subd. 10. [CREDITS TOWARD GRADUATION.] A nonresident
district shall accept credits toward graduation that were
awarded by another district. The nonresident district shall
award a diploma to a nonresident pupil if the pupil meets its
graduation requirements.
Subd. 11. [INFORMATION.] A district that does not exclude
nonresident pupils according to subdivision 3 shall make
information about the district, schools, programs, policies, and
procedures available to all interested people.
Subd. 12. [GENERAL EDUCATION AID.] Adjustments to general
education aid for the resident and nonresident districts shall
be made according to section 124A.036, subdivision 5.
Sec. 9. Minnesota Statutes 1986, section 120.075,
subdivision 1a, is amended to read:
Subd. 1a. Any pupil who, pursuant to section 123.39,
subdivision 5, has continuously been enrolled since January 1,
1977 in a school district of which the pupil was not a resident
may continue in enrollment in that district, and that district
shall be considered the pupil's district of residence.
Sec. 10. Minnesota Statutes 1986, section 120.075,
subdivision 3, is amended to read:
Subd. 3. Any pupil enrolled on either January 1, 1978, or
April 5, 1978, in a nonpublic school, as defined in section
123.932, subdivision 3, located in a district of which the pupil
was not a resident who would otherwise have qualified for
enrollment in that district as a resident pursuant to
subdivision 1 may attend the public schools of that district as
a resident.
Sec. 11. Minnesota Statutes 1986, section 120.075, is
amended by adding a subdivision to read:
Subd. 5. General education aid, capital expenditure aid,
and transportation aid attributable to pupils covered by
programs under this section must be paid according to sections
33, 30, and 29, respectively.
Sec. 12. Minnesota Statutes 1986, section 120.0751,
subdivision 1, is amended to read:
Subdivision 1. The state board of education may permit a
pupil who enrolls to enroll in a school district of which the
pupil is not a resident to be deemed a resident pupil of that
district pursuant to under this section.
Sec. 13. Minnesota Statutes 1986, section 120.0751, is
amended by adding a subdivision to read:
Subd. 6. [AID.] General education aid, capital expenditure
aid, and transportation aid for pupils covered by programs under
this section must be paid according to sections 33, 30, and 29,
respectively.
Sec. 14. Minnesota Statutes 1986, section 120.0752,
subdivision 1, is amended to read:
Subdivision 1. A pupil may enroll in a school district of
which the pupil is not a resident and be deemed a resident pupil
of that district pursuant to under this section.
Sec. 15. Minnesota Statutes 1987 Supplement, section
120.0752, subdivision 3, is amended to read:
Subd. 3. [11TH AND 12TH GRADE STUDENTS.] Notwithstanding
subdivision 2, an 11th or 12th grade pupil who has been enrolled
in a district for at least three consecutive years and whose
parent or guardian moves to another district, may continue to
enroll in the nonresident district upon the approval of the
school board of the nonresident district. The approval of the
school board of the pupil's resident district is not required.
The pupil shall be considered a resident of the district in
which that student is enrolled.
Sec. 16. Minnesota Statutes 1986, section 120.0752, is
amended by adding a subdivision to read:
Subd. 4. General education aid, capital expenditure aid,
and transportation aid for pupils covered by programs under this
section must be paid according to sections 33, 30, and 29,
respectively.
Sec. 17. Minnesota Statutes 1986, section 120.08,
subdivision 2, is amended to read:
Subd. 2. A school board in of a district maintaining a
secondary school may by a majority vote provide for the
instruction of any resident pupil in a school district in an
adjoining state nearer to the pupil's place of residence than
the school of the resident district, the distances being
measured by the usual traveled routes. Any charge for
tuition or transportation, by the district so attended or for
transportation in the adjoining state, shall be paid by
the pupil's resident district provided that such. The pupil
shall continue to be considered a pupil of the resident district
of residence for the payment purposes of apportionment and other
state aids aid.
Sec. 18. [120.105] [EDUCATION STATEMENT.]
Subdivision 1. [STATEMENT CONTENTS.] Each year every
school, as defined in section 120.101, subdivision 4, offering a
kindergarten program must ensure that the school principal,
kindergarten teacher, or other professional, discusses and
distributes the following statement to every parent, guardian,
or other person enrolling a child in kindergarten:
"The state of Minnesota requires that every child entering
kindergarten this school year must graduate from high school or
remain in high school or in an alternative program until age
18. Only those who have been accepted in the military or an
institution of higher learning can leave school before they are
18 years old."
The department of education must make appropriate
provisions to accommodate those children who newly enroll in a
public school after kindergarten. All other schools must make
similar provisions.
Sec. 19. Minnesota Statutes 1987 Supplement, section
120.101, subdivision 5, is amended to read:
Subd. 5. [AGES AND TERMS.] For the 1988-1989 school year
and the school years thereafter, every child between seven and
16 years of age shall receive instruction for at least 170 days
each year. For the 2000-2001 school year and later school
years, every child between seven and 18 years of age shall
receive instruction for at least 170 days each year. Every
child under the age of seven who is enrolled in a half-day
kindergarten, or a full-day kindergarten program on alternate
days, or other kindergarten programs shall receive instruction
at least equivalent to 170 half days. A parent may withdraw a
child under the age of seven from enrollment at any time.
Sec. 20. Minnesota Statutes 1987 Supplement, section
120.101, subdivision 9, is amended to read:
Subd. 9. [LEGITIMATE EXEMPTIONS.] A parent, guardian, or
other person having control of a child may apply to a school
district to have the child excused from attendance for the whole
or any part of the time school is in session during any school
year. Application may be made to any member of the board, a
truant officer, a principal, or the superintendent. The school
board of the district in which the child resides may approve the
application upon the following being demonstrated to the
satisfaction of that board:
(1) That the child's bodily or mental condition is such as
to prevent attendance at school or application to study for the
period required; or
(2) That for the school years 1988-1989 through 1999-2000
the child has already completed the studies ordinarily required
in the tenth grade and that for the school years beginning with
the 2000-2001 school year the child has already completed the
studies ordinarily required to graduate from high school; or
(3) That it is the wish of the parent, guardian, or other
person having control of the child, that the child attend for a
period or periods not exceeding in the aggregate three hours in
any week, a school for religious instruction conducted and
maintained by some church, or association of churches, or any
Sunday school association incorporated under the laws of this
state, or any auxiliary thereof. This school for religious
instruction shall be conducted and maintained in a place other
than a public school building, and in no event, in whole or in
part, shall be conducted and maintained at public expense.
However, a child may be absent from school on such days as the
child attends upon instruction according to the ordinances of
some church.
Sec. 21. Minnesota Statutes 1986, section 123.35,
subdivision 8, is amended to read:
Subd. 8. The board may establish and maintain public
evening schools and adult and continuing education programs and
such evening schools and adult and continuing education programs
when so maintained shall be available to all persons over 16
years of age through the 1999-2000 school year and over 18 years
of age beginning with the 2000-2001 school year who, from any
cause, are unable to attend the full-time elementary or
secondary schools of such district.
Sec. 22. Minnesota Statutes 1987 Supplement, section
123.3515, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) An enrollment options
program for school districts, in which a school district may
voluntarily participate, is established under this section, and
includes those districts not participating in the enrollment
options program under section 8. A participating district must
include all grade levels offered by the district. By formal
resolution, a participating district must agree to:
(1) allow its resident pupils to enroll in other
participating districts;
(2) accept nonresident pupils from other participating
districts; and
(3) follow the procedures in this section.
(b) A nonparticipating district shall notify the
commissioner each year by September 15 whether it will
participate 30 of its participation in the program during the
following school year. For the 1987-1988 school year, a
district must notify the commissioner by July 1, 1987.
Sec. 23. Minnesota Statutes 1987 Supplement, section
123.3515, subdivision 2, is amended to read:
Subd. 2. [PUPIL APPLICATION.] A pupil who resides in a
participating district may enroll according to this section in a
participating nonresident district. The pupil's parent or
guardian must apply to the nonresident district on a form
provided by the department of education. The application must
be submitted to the nonresident district by December January 1
for enrollment during the following school year. For the
1987-1988 school year, an application must be submitted by
August 1, 1987.
Sec. 24. Minnesota Statutes 1987 Supplement, section
123.3515, subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT DISTRICT PROCEDURES.] Within ten
days of receiving an application, a nonresident district shall
notify the resident district that it has received the
application. The nonresident district shall notify the parent
or guardian and the resident district by February 1 whether the
pupil's application has been approved or disapproved. For the
1987-1988 school year, notification must occur by August 10,
1987.
Sec. 25. Minnesota Statutes 1987 Supplement, section
123.3515, subdivision 5, is amended to read:
Subd. 5. [RACIAL BALANCE.] A school district that has a
desegregation plan may limit the number of pupils who transfer
into or out of the district. An application to transfer into or
out of a desegregation district shall be submitted to that
district by November December 1 of each year for enrollment
during the following school year. For the 1987-1988 school
year, an application must be submitted by August 1, 1987. If
approval of all of the applications would result in the district
being out of compliance with its desegregation plan, the
district shall establish the number of majority and minority
group pupils who may transfer into or out of the district. The
district may approve or disapprove the applications in a manner
that will enable compliance with the desegregation plan. The
district shall notify the parent or guardian by November
December 20 whether the pupil's application has been approved or
disapproved. For the 1987-1988 school year, notification must
occur by August 10, 1987.
Sec. 26. Minnesota Statutes 1987 Supplement, section
123.3515, subdivision 6, is amended to read:
Subd. 6. [TRANSPORTATION.] The nonresident district shall
provide transportation within that district for nonresident
pupils enrolled under this section. The state shall pay
transportation aid to the district according to section 124.225.
The resident district is not required to provide or pay for
transportation between a pupil's residence and the border of the
nonresident district.
A parent or guardian may apply to the nonresident district
for reimbursement for transportation costs between the pupil's
residence and the border of the nonresident district. The state
board shall establish guidelines for reimbursing the
transportation costs based on financial need. Chapter 14 does
not apply to the guidelines.
Sec. 27. Minnesota Statutes 1987 Supplement, section
123.3515, subdivision 9, is amended to read:
Subd. 9. [AID.] Payment of foundation aid or general
education aid for pupils enrolled in a nonresident district must
be made according to section 124A.036, subdivision 5 General
education aid, capital expenditure aid, and transportation aid
attributable to pupils covered by programs under this section
must be paid according to sections 33, 30, and 29, respectively.
Sec. 28. Minnesota Statutes 1986, section 124.18,
subdivision 2, is amended to read:
Subd. 2. [TUITION.] Except as otherwise provided in law,
every district which provides instruction in other districts and
which receives foundation program aid shall pay to the district
furnishing this elementary and secondary school instruction the
actual cost thereof chargeable to maintenance exclusive of
transportation costs.
There shall also be paid for capital outlay and debt
service to the district providing such instruction $10 per pupil
unit in average daily membership for each nonresident pupil
unit, except that every district educating nonresident pupils
may charge and include in its tuition, for capital outlay and
debt service, an amount per pupil unit in average daily
membership based on the amount that the average expenditure for
capital outlay and debt service determined by dividing such
annual expenditure by the total number of pupil units in average
daily membership in the district exceeds $10 per pupil unit. If
the district has no capital outlay or debt service the district
receiving such funds may use them for any purpose for which it
is authorized to spend money. Provided further that if a
district provides instruction for nonresident handicapped and
trainable children, tuition shall be as specified in section
120.17, subdivision 4.
Sec. 29. Minnesota Statutes 1986, section 124.225, is
amended by adding a subdivision to read:
Subd. 8l. [ALTERNATIVE ATTENDANCE PROGRAMS.] A district
that serves nonresident pupils in programs under sections 8,
120.075, 120.0751, 120.0752, 123.3515, 126.22, and 129B.52 to
129B.55 shall provide authorized transportation to the pupil
within the attendance area for the school that the pupil
attends. The state shall pay transportation aid attributable to
the pupil to the serving district according to this section.
The district of the pupil's residence need not provide or pay
for transportation between the pupil's residence and the
district's border.
Sec. 30. Minnesota Statutes 1986, section 124.245, is
amended by adding a subdivision to read:
Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] The capital
expenditure aid for districts must be adjusted for each pupil,
excluding a handicapped pupil as defined in section 120.03,
attending a nonresident district under sections 8, 120.075,
120.0751, 120.0752, 123.3515, 126.22, and 129B.52 to 129B.55.
The adjustments must be made according to this subdivision.
(a) Capital expenditure aid paid to a district of the
pupil's residence must be reduced by an amount equal to the
revenue amount per actual pupil unit of the resident district
times the number of pupil units of pupils enrolled in
nonresident districts.
(b) Capital expenditure aid paid to a district serving
nonresidents in programs listed in subdivision 1 must be
increased by an amount equal to the revenue amount per actual
pupil unit of the nonresident district times the number of pupil
units of nonresident pupils enrolled in the district.
(c) If the amount of the reduction to be made from the
capital expenditure aid of a district is greater than the amount
of capital expenditure aid otherwise due the district, the
excess reduction must be made from other state aids due the
district.
Sec. 31. Minnesota Statutes 1987 Supplement, section
124.26, subdivision 1b, is amended to read:
Subd. 1b. [PROGRAM REQUIREMENTS.] An adult basic and
continuing education program is a day or evening program offered
by a district that is for people over 16 years of age through
the 1999-2000 school year and over 18 years of age beginning
with the 2000-2001 school year who do not attend an elementary
or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency
certificate. Tuition and fees may not be charged for
instruction subsidized under this section, except for a security
deposit to assure return of materials, supplies, and equipment.
Sec. 32. Minnesota Statutes 1986, section 124A.036,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT WITHOUT SCHOOLS.] Except as otherwise
provided in law, any district not maintaining classified
elementary or secondary schools shall pay the tuition required
in order to enable resident pupils to attend school in another
district when necessary, and shall receive foundation aid
pursuant to this section on the same basis as other districts.
The aid shall be computed as if the pupils were enrolled in the
district of residence.
Sec. 33. Minnesota Statutes 1987 Supplement, section
124A.036, subdivision 5, is amended to read:
Subd. 5. [CERTAIN NONRESIDENTS ALTERNATIVE ATTENDANCE
PROGRAMS.] The foundation general education aid for districts
must be adjusted for each pupil, excluding a handicapped pupil
as defined in section 120.03, attending a nonresident district
under sections 8, 120.075, 120.0751, 120.0752, 123.3515, 126.22,
and 129B.52 to 129B.55. The adjustments must be made according
to this subdivision.
(a) Foundation General education aid paid to a resident
district must be reduced by an amount equal to the formula
allowance plus the total tier revenue per actual pupil unit of
the resident district times the number of pupil units of pupils
enrolled in a nonresident general education revenue exclusive of
compensatory revenue attributable to the pupil in the resident
district.
(b) Foundation General education aid paid to a nonresident
district serving a pupil in programs listed in this subdivision
shall be increased by an amount equal to the formula allowance
plus the total tier revenue per actual pupil unit of the
nonresident district times the number of pupil units of
nonresident pupils enrolled in that general education revenue
exclusive of compensatory revenue attributable to the pupil in
the nonresident district.
(c) If the amount of the reduction to be made from the
foundation general education aid of the resident district is
greater than the amount of foundation general education aid
otherwise due the district, the excess reduction must be made
from other state aids due the district.
(d) The district of residence shall pay tuition to a
district providing special instruction and services to a
handicapped pupil, as defined in section 120.03, who is enrolled
in a program listed in this subdivision. The tuition shall be
equal to (1) the actual cost of providing special instruction
and services to the pupil, including a proportionate amount for
debt service and for capital expenditure facilities and
equipment, and debt service but not including any amount for
transportation, minus (2) the amount of special education aid,
attributable to that pupil, that is received by the district
providing special instruction and services.
Sec. 34. [124A.31] [EQUITABLE COMPENSATION PENALTY.]
Subdivision 1. [IMPLEMENTATION.] A school district subject
to sections 471.991 to 471.999 shall implement the plan to
establish equitable compensation relationships set forth in its
report to the commissioner of employee relations. The plan
shall be implemented by December 31, 1991, unless a later date
is approved by the commissioner. If a report was filed before
October 1, 1987, and had an implementation date after December
31, 1991, the date in the report shall be approved by the
commissioner.
Subd. 2. [AID REDUCTION FOR ADMINISTRATION COSTS.] By
October 1, 1992, the commissioner of employee relations shall
certify to the commissioner of education the school districts
that have not complied with subdivision 1. For each of these
school districts, the commissioner of education shall reduce
general education aid for fiscal year 1993 by an amount equal to
five percent of the district's administration costs for the
1990-1991 school year. If the reduction exceeds the district's
general education aid, the reduction shall be made from other
aids paid to the district.
Subd. 3. [ADJUSTMENT OF YEARS.] The commissioners of
employee relations and education shall adjust the years
designated in subdivision 2 for school districts with
implementation dates after December 31, 1991.
Subd. 4. [EXTENSIONS.] The commissioner of employee
relations must extend an implementation date upon a finding that
failure to implement was attributable to severe hardship or to
circumstances beyond the control of the district.
Sec. 35. Minnesota Statutes 1986, section 125.12,
subdivision 3, is amended to read:
Subd. 3. [PROBATIONARY PERIOD.] The first 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 the
teacher is thereafter employed shall be one year. The school
board shall adopt a plan for written evaluation of teachers
during the probationary period. Effective July 1, 1988,
evaluation shall occur not less than at least three times each
year for a teacher performing services on 120 or more school
days, at least two times each year for a teacher performing
services on 60 to 119 school days, and at least one time each
year for a teacher performing services on fewer than 60 school
days. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on
which a teacher is absent from school shall not be included in
determining the number of school days on which a teacher
performs services. 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 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. 36. Minnesota Statutes 1986, 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. Effective July 1, 1988, evaluation
shall occur not less than at least three times each year for a
teacher performing services on 120 or more school days, at least
two times each year for a teacher performing services on 60 to
119 school days, and at least one time each year for a teacher
performing services on fewer than 60 school days. Days devoted
to parent-teacher conferences, teachers' workshops, and other
staff development opportunities and days on which a teacher is
absent from school shall not be included in determining the
number of school days on which a teacher performs services. 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. 37. Minnesota Statutes 1987 Supplement, section
126.22, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENTS PUPILS.] The
following students pupils are eligible to participate in the
high school graduation incentives program:
(a) any student pupil who is between the ages of 12 and 16
and who:
(1) is at least two grade levels below the performance
level for students pupils of the same age in a locally
determined achievement test; or
(2) is at least one year behind in obtaining credits for
graduation; or
(3) is pregnant or is a parent; or
(4) has been assessed as chemically dependent; or
(5) has been absent from attendance at school without
lawful excuse for one or more class periods on more than 15
consecutive school days in the preceding or current school year;
(b) any student pupil who is between the ages of 16 and 19
who is attending school, and who is at least two grade levels
below the performance level for students pupils of the same age
in a locally determined achievement test, or is at least one
year behind in obtaining credits for graduation, or is pregnant
or is a parent, or has been assessed as chemically dependent; or
(c) any person between 16 and 21 years of age who has not
attended a high school program for at least 15 consecutive
school days, excluding those days when school is not in session,
and who is at least two grade levels below the performance level
for students pupils of the same age in a locally determined
achievement test, or is at least one year behind in obtaining
credits for graduation, or has been assessed as chemically
dependent.
Sec. 38. Minnesota Statutes 1987 Supplement, section
126.22, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] Students who are eligible to
participate under subdivision 2 may enroll in the following
programs: (a) A pupil who is eligible according to subdivision
2, clause (a), (b), or (c), may enroll in any program approved
by the state board of education under Minnesota Rules, part
3500.3500 or according to section 121.11, subdivision 12, may
enroll students who are eligible to participate under
subdivision 2, clause (a), (b) or (c);.
(b) Students A pupil who is eligible to participate under
according to subdivision 2, clause (b) or (c), may enroll in
post-secondary courses under section 123.3514; and.
(c) Any public secondary education program may enroll any
student A pupil who is eligible to participate under subdivision
2, clause (a), (b), or (c), may enroll in any public secondary
education program.
Sec. 39. Minnesota Statutes 1987 Supplement, section
126.22, subdivision 4, is amended to read:
Subd. 4. [STUDENT PUPIL ENROLLMENT.] Any eligible student
pupil under subdivision 2 may apply to enroll in an eligible
program under subdivision 3, using the form specified in section
120.0752, subdivision 2. Notwithstanding section 120.0752,
approval of the resident district is not required for an
eligible student pupil under subdivision 2 to enroll in a
nonresident district which that has an eligible program under
subdivision 3 or an area learning center established under
section 129B.52. A student enrolling in a program in a
nonresident district under this section shall be considered a
resident of that district.
Sec. 40. Minnesota Statutes 1987 Supplement, section
126.22, is amended by adding a subdivision to read:
Subd. 7. [AID ADJUSTMENTS.] General education aid, capital
expenditure aid, and transportation aid attributable to a pupil
covered by programs under this section must be paid according to
sections 33, 30, and 29, respectively.
Sec. 41. Minnesota Statutes 1987 Supplement, section
126.23, is amended to read:
126.23 [AID FOR PRIVATE ALTERNATIVE PROGRAMS.]
If a pupil enrolls in a nonsectarian alternative program
operated by a private organization that has contracted with a
school district to provide educational services for high school
drop outs or other eligible students under section 126.22,
subdivision 2, the resident district must reimburse the provider
an amount equal to at least 50 percent of the formula allowance
plus the total tier revenue attributable to that basic revenue
of the district for each pupil. Pupils for whom a district
provides reimbursement may not be counted by the district for
any purpose other than computation of basic revenue, according
to section 124A.22, subdivision 2.
Sec. 42. [126.235] [EDUCATIONAL PROGRAM FOR PREGNANT
MINORS AND MINOR PARENTS.]
Upon request, a school district must make available to a
pregnant minor or a minor custodial parent an educational
program to enable the minor to earn a high school diploma. The
department of education shall develop program designs and
provide districts with technical assistance. A district's
educational program must use appropriate community services and
must recognize each pupil's individual needs and parental
responsibilities. The district shall designate at least one
person to review quarterly each pupil's progress in the program.
If a pupil receives social services according to section
257.33 or employment and training services according to section
256.736, the district shall develop the pupil's educational
program in consultation with the providers of the services and
shall provide a liaison when necessary. The pupil may request
that an adult, selected by the pupil, assist in developing the
educational program.
Sec. 43. Minnesota Statutes 1986, section 126.56,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENT.] To be eligible for a
scholarship, a student shall:
(1) be a United States citizen or permanent resident of the
United States;
(2) be a resident of Minnesota;
(2) (3) attend an eligible program;
(3) (4) have completed at least one year of secondary
school but not have graduated from high school;
(4) (5) have earned at least a B average during the
semester or quarter prior to application, or have earned at
least a B average during the semester or quarter prior to
application in the academic subject area applicable to the
summer program the student wishes to attend; and
(5) (6) demonstrate need for financial assistance.
Sec. 44. Minnesota Statutes 1987 Supplement, section
126.67, subdivision 2b, is amended to read:
Subd. 2b. [DISTRICT ASSESSMENTS.] As part of the PER
process, each year a district shall, in at least three grades,
conduct assessments among at least a sample of pupils for each
subject area in that year of the curriculum review cycle. The
district's curriculum review cycle for communication,
mathematics, science, and social studies shall not exceed five
six years. Assessments may not be conducted in the same
curriculum area for two consecutive years. The district may use
tests from the assessment item bank, the local assessment
program developed by the department, or other tests. As they
become available, districts shall use state developed measures
to assure state progress toward the state core curriculum.
Funds are provided for districts that choose to use the local
assessment program or the assessment item bank.
Sec. 45. Minnesota Statutes 1987 Supplement, section
129.121, subdivision 1, is amended to read:
Subdivision 1. The governing board of any high school may
delegate the control, supervision and regulation of
interscholastic athletics and other extracurricular activities
referred to in section 123.38 to the Minnesota state high school
league, a nonprofit incorporated voluntary association.
Membership in said Minnesota state high school league shall be
composed of such Minnesota high schools whose governing boards
have certified in writing to the state commissioner of education
that they have elected to delegate the control, supervision and
regulation of their interscholastic athletic events and other
extracurricular activities to said league. The Minnesota state
high school league is hereby empowered to exercise the control,
supervision and regulation of interscholastic athletics,
musical, dramatic and other contests by and between pupils of
the Minnesota high schools, delegated to it pursuant to this
section. The Minnesota high school league may establish a
policy or guidelines for the guidance of member high schools in
the formation or alteration of athletic or other extracurricular
conferences. Except as otherwise provided by subdivision 1a,
the formation or alteration of conferences is voluntary.
The commissioner of education, or the commissioner's
representative, shall be an ex officio nonvoting member of the
governing body of the Minnesota state high school league, with
the same rights and privileges as other members of its governing
body. The governing board must include the following members:
four members of the public, at least one of whom must be an
American Indian, Asian, Black, or Hispanic, and all of whom must
be parents, appointed by the governor under section 15.0597; two
members of the Minnesota association of secondary school
principals selected by the association; and 14 members selected
according to league bylaws. The board shall establish and adopt
policies, make decisions on behalf of the league, and establish
advisory committees necessary to carry out board functions. The
terms, compensation, removal of members, and the filling of
membership vacancies are governed by section 15.0575. Members
of advisory committees shall be reimbursed only for expenses in
the same manner as board members. The rules of said the league
shall be exempt from the provisions of sections 14.02, 14.04 to
14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62.
Employees of the league shall be reimbursed only for
expenses as authorized by the commissioner's plan for state
employees adopted under section 43A.18, subdivision 2.
The league is specifically prohibited from having credit
cards.
The executive director of the league shall have a
department head expense account subject to the same limits and
guidelines as those provided for the commissioner of education.
The executive director shall expend money for entertainment or
reimbursement of expenses of guests of the league only from this
account.
The board shall establish a policy on the use of
automobiles by league staff and shall show annually how league
policy on the use of automobiles is the most cost-effective
alternative available.
Sec. 46. Minnesota Statutes 1986, section 129.121,
subdivision 2, is amended to read:
Subd. 2. Any school board is hereby authorized to expend
moneys for and pay dues to the Minnesota state high school
league and all moneys paid to such league, as well as moneys
derived from any contest or other event sponsored by said
league, shall be subject to an annual examination and audit by a
certified public accountant or the state auditor.
Each year by September 1, the state auditor shall provide a
financial and compliance audit to the legislature detailing the
general financial condition and general status of the league as
of July 31 of the year preceding the filing of the audit.
Copies of the audit report must be filed with the commissioner
of education, the chairs of the house and senate education
committees and the director of the legislative reference
library. The audit report must include the aggregate totals for
all revenues and expenditures for the three preceding years and
the current year and the percent and dollar difference in each
of these four years. The following items must be audited in
each instance: revenues from student activities, membership
dues, publications, registration of officials and judges,
interest, automobile sales, and other revenues including medals,
refunds and reimbursements; and expenditures related to staff,
the board of directors, student activities, capital outlay,
office and other expenditures including membership services.
The league must pay the state auditor for the costs of the audit.
Sec. 47. Minnesota Statutes 1986, section 129.121, is
amended by adding a subdivision to read:
Subd. 2a. [EMPLOYMENT.] The league must adopt an
affirmative action policy to ensure that employment positions
within the league are equally accessible to all qualified
persons and to eliminate the underutilization of protected
groups as defined in section 43A.02, subdivision 33.
The league shall actively and publicly recruit qualified
people to become employees of the league. It shall give special
emphasis to recruiting members of protected groups. The league
shall advertise available positions in newspapers of general
circulation. The advertisement must contain a deadline for
submitting applications that is at least 14 days after the date
of the last advertisement. The league shall keep each
application for at least six months and shall notify an
applicant when a position, for which the applicant is qualified,
becomes available.
Sec. 48. Minnesota Statutes 1986, section 129.121, is
amended by adding a subdivision to read:
Subd. 2b. [EQUITABLE COMPENSATION RELATIONSHIPS.] The
league shall be treated as a political subdivision for purposes
of sections 471.992 to 471.999, except that the league must
report to the commissioner of employee relations by February 1,
1989, on its implementation plan. No cause of action against
the league arises before August 1, 1989, for failure to comply
with the requirements of sections 471.992 to 471.999.
Sec. 49. Minnesota Statutes 1986, section 129.121, is
amended by adding a subdivision to read:
Subd. 2c. [DATA PRACTICES.] The collection, creation,
receipt, maintenance, dissemination, or use of information by
the league is subject to the provisions of chapter 13.
Sec. 50. Minnesota Statutes 1987 Supplement, section
129B.11, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] To be eligible for a grant, a
group of districts must meet one of the following criteria:
(1) create a consolidated district according to section
122.23, with the consolidated school district having at least
600 pupils in average daily membership;
(2) establish an education district according to section
122.91;
(3) form a group of districts that has an agreement under
section 122.535 or 122.541 for discontinuing grades when the
districts entering into the agreement have a total of at least
240 pupils in average daily membership in grades ten, 11, and 12;
or
(4) enter into a joint powers agreement for a technology
cooperative where. The school districts in the cooperative are
must be contiguous but are significant distances apart so that
other forms of cooperation are not practical and either of the
following:
(i) there is a significant distance between buildings in
the district so that other forms of cooperation are not
practical, or
(ii) the districts have a combined area of at least 500
square miles.
Sec. 51. Minnesota Statutes 1987 Supplement, section
129B.11, is amended by adding a subdivision to read:
Subd. 2a. [INTENTION TO CONSOLIDATE.] A group of districts
is eligible for a grant if each school board has adopted a
resolution of intention to consolidate with the other districts
in the group. If a grant is awarded to a group of districts
under this subdivision, and if the group does not actually
consolidate within 24 months of receiving the grant, the
department of education shall withhold payment of all state aids
until the amount of the grant has been recovered.
The state board of education may establish additional
conditions to a grant awarded under this subdivision.
Sec. 52. [129B.56] [DESIGNATION AS CENTER.]
The commissioner of education, in cooperation with the
state board of education, shall establish a process for state
designation and approval of area learning centers that meet the
provisions of Minnesota Statutes, sections 129B.52 to 129B.55.
The four area learning centers designated in 1988 as
exemplary shall be subject to the state approval process
beginning July 1, 1990.
Area learning center designation shall begin July 1, 1988.
Sec. 53. Minnesota Statutes 1986, section 134.351,
subdivision 7, is amended to read:
Subd. 7. [REPORTS.] Each multicounty, multitype system
receiving a grant pursuant to section 134.353 or section 134.354
shall provide an annual progress report to the department of
education. The department shall report before November 15 of
each even-numbered year to the legislature on all projects
funded under section 134.353 and section 134.354.
Sec. 54. Minnesota Statutes 1986, section 136D.81, is
amended to read:
136D.81 [DAKOTA AND GOODHUE COUNTY DISTRICTS, JOINT
VOCATIONAL SCHOOL.]
Subdivision 1. [AGREEMENTS.] Two or more of the special
school district numbered 6 and the independent school districts
numbered 191, 192, 194, 195, 196, 197, 199 and, 200, 252, and
256, located wholly or partly in the county counties of
Dakota or Goodhue, whether or not contiguous, may enter into
agreements to accomplish jointly and cooperatively the
acquisition, betterment, construction, maintenance, and
operation of area vocational technical schools. Each school
district which becomes a party to such an agreement is
hereinafter referred to as a "participating school district."
The agreement may provide for the exercise of such powers by the
school board of one of the school districts on behalf of and for
the benefit of other school districts, or by a joint school
board created as set forth in sections 136D.81 to 136D.92. If
the powers are to be carried out by one of the school districts,
it shall in doing so have the same powers and duties and be
subject to the same limitations as are herein provided for joint
school boards.
Subd. 2. [HECB REVIEW.] No area vocational technical
school shall be constructed pursuant to sections 136D.81 to
136D.92 until the location of such school and its program is
first submitted for review and recommendation by the Minnesota
higher education coordinating board.
Sec. 55. Minnesota Statutes 1986, section 260.015,
subdivision 19, is amended to read:
Subd. 19. [HABITUAL TRUANT.] "Habitual truant" means a
child under the age of 16 years through the 1999-2000 school
year and under the age of 18 beginning with the 2000-2001 school
year who is absent from attendance at school without lawful
excuse for seven school days if the child is in elementary
school or for one or more class periods on seven school days if
the child is in middle school, junior high school, or high
school.
Sec. 56. Minnesota Statutes 1987 Supplement, section
422A.101, subdivision 2, is amended to read:
Subd. 2. [CONTRIBUTIONS BY OR FOR CITY-OWNED PUBLIC
UTILITIES, IMPROVEMENTS, OR MUNICIPAL ACTIVITIES.] Contributions
by or for any city-owned public utility, improvement project and
other municipal activities supported in whole or in part by
revenues other than real estate taxes, any public corporation,
any employing unit of metropolitan government, special school
district No. 1 or Hennepin county, on account of any employee
covered by the fund shall be calculated as follows:
(a) a regular employer contribution of an amount equal to
the percentage rounded to the nearest two decimal places of the
salaries and wages of all employees of the employing unit
covered by the retirement fund which equals the difference
between the level normal cost plus administrative cost reported
in the annual actuarial valuation prepared by the
commission-retained actuary and the employee contributions
provided for in section 422A.10;
(b) an additional employer contribution of an amount equal
to the percent specified in section 353.27, subdivision 3a,
clause (a), multiplied by the salaries and wages of all
employees of the employing unit covered by the retirement fund;
(c) a proportional share of an additional employer
amortization contribution of an amount equal to $3,900,000
annually until June 30, 2017, based upon the share of the fund's
unfunded actuarial accrued liability attributed to the employer
as disclosed in the annual actuarial valuation prepared by the
commission-retained actuary.
The city council or any board or commission may, by proper
action, provide for the inclusion of the cost of the retirement
contributions for employees of any city-owned public utility or
for persons employed in any improvement project or other
municipal activity supported in whole or in part by revenues
other than taxes who are covered by the retirement fund in the
cost of operating the utility, improvement project or municipal
activity. The cost of retirement contributions for these
employees shall be determined by the retirement board and the
respective governing bodies having jurisdiction over the
financing of these operating costs.
The cost of the employer contributions on behalf of
employees of special school district No. 1 who are covered by
the retirement fund shall be the obligation of the school
district. Contributions by the school district to the
retirement fund or any other public pension or retirement fund
of which its employees are members must be remitted to the fund
each month. An amount due and not transmitted begins to accrue
interest at the rate of six percent compounded annually 15 days
after the date due. If the amount due plus interest is not paid
30 days after interest begins to accrue, a penalty equal to ten
percent of the amount due is added, and interest then accrues on
the penalty as well as the amount originally due. The
retirement board shall prepare an itemized statement of the
financial requirements of the fund payable by the school
district, which shall be submitted prior to September 15.
Contributions by the school district shall be made at times
designated by the retirement board. The school district may
levy for its contribution to the retirement fund only to the
extent permitted pursuant to section 275.125, subdivision 6a.
The cost of the employer contributions on behalf of
elective officers or other employees of Hennepin county who are
covered by the retirement fund pursuant to section 422A.09,
subdivision 3, clause (2), 422A.22, subdivision 2, or 488A.115,
or Laws 1973, chapter 380, section 3, Laws 1975, chapter 402,
section 2, or any other applicable law shall be the obligation
of Hennepin county. The retirement board shall prepare an
itemized statement of the financial requirements of the fund
payable by Hennepin county, which shall be submitted prior to
September 15. Contributions by Hennepin county shall be made at
times designated by the retirement board. Hennepin county may
levy for its contribution to the retirement fund.
Sec. 57. Laws 1959, chapter 462, section 3, subdivision 4,
as amended by Laws 1963, chapter 645, section 3, and Laws 1967,
chapter 661, section 3, is amended to read:
Subd. 4. Not later than the 15th last day of the last
month of each fiscal year the board shall adopt and cause to be
published two separate budgets, an operating budget and a
capital budget for the subsequent fiscal year. The board shall
adopt and publish standards governing the content of its budgets
and of its annual report.
Sec. 58. [HIGH SCHOOL LEAGUE SALARY REPORT.]
The commissioner of employee relations shall report by
January 15, 1989, to the chairs of the house and senate
education committees and to the governing board of the Minnesota
state high school league on the appropriate salary rate or range
for the league director and the director's staff as if the
positions were to be established in the state classified service.
Sec. 59. [INITIAL APPOINTMENTS TO HIGH SCHOOL LEAGUE
BOARD.]
The governor shall make the initial appointments to the
Minnesota state high school league's governing board before
August 15, 1988. The governing board shall be fully constituted
by August 30, 1988. The governor must begin the process of
appointing four public members under Minnesota Statutes, section
15.0597, as soon as practicable after the effective date of this
section to ensure that the governor's initial appointees are
appointed to the board before August 15, 1988.
Sec. 60. [BINDING ARBITRATION FOR SCHOOL DISTRICTS.]
Notwithstanding Minnesota Statutes, section 179A.16,
subdivision 1, if five years or more have elapsed since the
expiration of the last collective bargaining agreement between a
school board and the exclusive representative of the teachers,
and if no successor agreement has been ratified by both parties,
and if a request for binding interest arbitration is made by
either the school board or the exclusive representative of the
teachers, the director of the bureau of mediation services shall
certify the request for binding interest arbitration within 15
days of the request. For each two-year contract term for which
there has been no ratified successor agreement, including the
contract term covering the date on which the request is made,
the director shall certify, according to Minnesota Statutes,
section 179A.16, subdivision 3, the matters as to which the
parties have not reached agreement. Notwithstanding Minnesota
Statutes, section 179A.16, subdivision 7, the arbitration panel
shall be restricted to selecting between the final offer of one
party or the other party in its entirety. Unless otherwise
provided in this section, Minnesota Statutes, section 179A.16,
applies to the interest arbitration.
Sec. 61. [LEARNING YEAR PROGRAM SITES.]
Subdivision 1. [PROGRAM ESTABLISHED FOR TWO YEARS.] A
program is established to designate learning year program sites
for providing instruction throughout the entire year. The
learning year programs may begin June 9, 1988, and end June 9,
1990. The programs must permit students in grades 9 through 12
to receive instruction throughout the entire year.
Students may participate in the program if they reside in:
(1) a district that has been designated a learning year
program site under subdivision 2;
(2) a district that is a member of the same education
district as a program site; or
(3) a district that participates in the same area learning
center program as a program site.
Subd. 2. [STATE BOARD DESIGNATION.] Up to five districts
may be designated learning year program sites by the state board
of education. To be designated, a district must demonstrate to
the commissioner of education that the district will:
(1) provide a program of instruction that permits students
in grades 9 through 12 to receive instruction throughout the
entire year; and
(2) maintain a record system that, for purposes of section
124.17, permits identification of membership attributable to
students participating in the program. The purpose for
identifying this membership is to ensure that a district will
not be able to increase the total number of pupil units
attributable to an individual student by providing a learning
year program. The commissioner of education shall consult with
the director of the education aids and levies section of the
department of education when determining whether the record
system of a participating district is adequate for this purpose.
Subd. 3. [HOURS OF INSTRUCTION.] Students participating in
a program must be able to receive 4,200 hours of instruction so
that they are able to complete the requirements of grades 9
through 12. If a student has not completed the graduation
requirements of the district after completing 4,200 hours of
instruction, the student may continue to enroll in courses
needed for graduation until either the student meets the
graduation requirements or the student is 21 years old,
whichever occurs first.
For the purposes of Minnesota Statutes, section 120.101,
subdivision 5, 1,020 hours of instruction shall constitute 170
days of instruction. Hours of instruction that occur between
June 9 and June 30 shall be attributed to the fiscal year
following the days of actual instruction.
Subd. 4. [STUDENT PLANNING.] A district must inform all
junior and senior high school students and their parents about
the learning year program. A continual learning plan for the
4,200 hours of education must be developed for each student with
the participation of the student, parent or guardian, teachers,
and other staff. The plan must identify the learning
experiences needed for graduation and must specify the learning
experiences that will occur each year. The student or district
may modify the plan according to district schedule changes. The
district may not modify the plan if the modification would
result in delaying the student's time of graduation.
Subd. 5. [TRANSPORTATION.] Summer transportation
expenditures for this program must be included in nonregular
transportation according to Minnesota Statutes, sections
124.225, subdivision 8; and 275.125, subdivision 5c.
Subd. 6. [CONTRACTS.] A district may contract with a
licensed employee to provide services in a learning year program
that are in addition to the services provided according to the
master contract of employment for teachers, entered into under
chapter 179A, or an equivalent contract for licensed employees
who are not teachers. These additional services and
compensation, if any, for the services shall not become a part
of the employee's continuing contract rights under Minnesota
Statutes, section 125.12 or 125.17. The duration of a contract
is negotiable, but may not extend beyond June 9, 1990.
Subd. 7. [REVENUE COMPUTATION AND REPORTING.] Aid and levy
revenue computations shall be based on the total number of hours
of education programs for pupils in average daily membership for
each fiscal year. For purposes of section 124.17, average daily
membership shall be computed by dividing the total number of
hours of participation for the fiscal year by 1,050. Hours of
participation that occur between June 9 and June 30 shall be
attributed to the fiscal year following the hours of actual
participation. Thirty hours may be used for teacher workshops,
staff development, or parent-teacher conferences. As part of
each pilot program, the department of education, the
commissioner of education, and each district must report and
evaluate the changes needed to adjust the dates of the fiscal
year for aid and levy computation and fiscal reporting. For
revenue computation purposes, the learning year program shall
generate revenue based on the formulas for the fiscal year in
which the services are provided.
State aid and levy revenue computation for the learning
year programs begins July 1, 1988, for fiscal year 1989.
Subd. 8. [EXEMPTION.] To operate the pilot program, the
state board of education may exempt the district from specific
rules relating to student and financial accounting, reporting,
and revenue computation.
Sec. 62. [HIBBING, TOWER, VIRGINIA, GRAND RAPIDS SCHOOL
DISTRICT BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 701, Hibbing, may issue bonds in an aggregate
principal amount not exceeding $3,500,000, and independent
school district No. 708, Tower, may issue bonds in an aggregate
principal amount not exceeding $1,000,000, and independent
school district No. 706, Virginia, may issue bonds in an
aggregate principal amount not exceeding $2,500,000, and
independent school district No. 318, Grand Rapids, may issue
bonds in an aggregate principal amount not exceeding $1,000,000,
in addition to any bonds already issued or authorized, to
provide funds to construct, equip, furnish, remodel,
rehabilitate, and acquire land for school facilities and
buildings. They may spend the proceeds of the bond sale for
those purposes and any architects', engineers', and legal fees
incidental to those purposes or the sale. Except as permitted
by this section, the bonds shall be authorized, issued, sold,
executed, and delivered in the manner provided by Minnesota
Statutes, chapter 475. A resolution of the board levying taxes
for the payment of the bonds and interest on them as authorized
by this section and pledging the proceeds of the levies for the
payment of the bonds and interest on them shall be deemed to be
in compliance with the provisions of chapter 475 with respect to
the levying of taxes for their payment.
Subd. 2. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to section
298.28, subdivision 11, and to the northeast Minnesota economic
protection trust pursuant to section 298.28, subdivisions 9 and
11, in equal shares, an amount sufficient to pay when due 80
percent of the principal and interest on the bonds issued
pursuant to subdivision 1. If the annual distribution to the
northeast Minnesota economic protection trust is insufficient to
pay its share after fulfilling any obligations of the trust
under section 298.225 or 298.293, the deficiency shall be
appropriated from the taconite environmental protection fund.
Subd. 3. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received pursuant to subdivision 2,
they shall be made good by general levies, not subject to limit,
on all taxable properties in the district in accordance with
Minnesota Statutes, section 475.74. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 4. [DISTRICT LEVY.] The school board shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 5. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 6. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 7. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 2 shall terminate upon payment or
maturity of the last of those bonds.
Subd. 8. [LOCAL APPROVAL.] This section is effective for
independent school district No. 701 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3, and for independent school district No. 708 the
day after its governing body complies with Minnesota Statutes,
section 645.021, subdivision 3, and for independent school
district No. 706 the day after its governing body complies with
Minnesota Statutes, section 645.021, subdivision 3, and for
independent school district No. 318 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 63. [SCHOOL DISTRICT NO. 710 BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 710, St. Louis county, may issue bonds in an
aggregate principal amount not exceeding $1,000,000, in addition
to any bonds already issued or authorized, to provide funds to
construct, equip, furnish, remodel, rehabilitate, and acquire
land for school facilities and buildings. The district may
spend the proceeds of the bond sale for those purposes and any
architects', engineers', and legal fees incidental to those
purposes or the sale. Except as permitted by this section, the
bonds shall be authorized, issued, sold, executed, and delivered
in the manner provided by Minnesota Statutes, chapter 475. A
resolution of the board levying taxes for the payment of the
bonds and interest on them as authorized by this section and
pledging the proceeds of the levies for the payment of the bonds
and interest on them shall be deemed to be in compliance with
the provisions of chapter 475 with respect to the levying of
taxes for their payment.
Subd. 2. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to section
298.28, subdivision 11, and to the northeast Minnesota economic
protection trust pursuant to section 298.28, subdivisions 9 and
11, in equal shares, an amount sufficient to pay when due 100
percent of the principal and interest on the bonds issued
pursuant to subdivision 1. If the annual distribution to the
northeast Minnesota economic protection trust is insufficient to
pay its share after fulfilling any obligations of the trust
under section 298.225 or 298.293, the deficiency shall be
appropriated from the taconite environmental protection fund.
Subd. 3. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received pursuant to subdivision 2,
they shall be made good by general levies, not subject to limit,
on all taxable properties in the district in accordance with
Minnesota Statutes, section 475.74. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 4. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 5. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 6. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 2 shall terminate upon payment or
maturity of the last of those bonds.
Subd. 7. [LOCAL APPROVAL.] This section is effective for
independent school district No. 710 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 64. [ENVIRONMENTAL LEARNING CENTER.]
Notwithstanding any law to the contrary, a county in which
a facility is located that qualifies for a tax credit pursuant
to section 298.24, subdivision 4, is authorized to issue general
obligation bonds in a principal amount up to $1,700,000. The
bonds shall be issued pursuant to chapter 475 except the
requirements of section 475.58 shall not apply and the amount of
the bonds shall not be counted in computing any net debt
limitation imposed by chapter 475, or any other law. The
proceeds of the bond issue may be expended for the purchase of
land and construction of facilities for an environmental
learning center. The environmental learning center shall
annually make payment in a sum sufficient to repay the annual
principal and interest due on the bonds and reimburse the county
for any costs incurred in the issuance of the bonds; provided
that the county and the environmental learning center may
negotiate a payment schedule based on level periodic payments
which, in total, would be sufficient to amortize the principal
and interest of the bonds over their entire term and compensate
the county for the difference in the timing of the payments and
the actual amortization requirements of the bonds' repayment
schedule. If the environmental learning center fails to make
the payments required, there is appropriated from the Northeast
Minnesota Economic Protection Trust an amount sufficient to
repay any remaining interest and principal due on the bonds.
The amount of any payment from the Northeast Minnesota Economic
Protection Trust is a lien against the property that is
purchased and improved with the proceeds of the bond.
Sec. 65. [REPEALER.]
Minnesota Statutes 1986, section 121.9121, subdivision 7;
Minnesota Statutes 1987 Supplement, sections 123.703,
subdivision 3; 129B.74; and 129B.75; and Laws 1984, chapter 463,
article 7, section 45, are repealed effective July 1, 1988.
Section 60 is repealed July 1, 1989. Section 8, subdivision 1,
and Minnesota Statutes 1987 Supplement, section 123.3515, are
repealed June 30, 1990.
Sec. 66. [EFFECTIVE DATE.]
Sections 1, 2, 3, 4, 5, 6, 7, 43, 56, 57, and 59 are
effective the day following final enactment.
Section 54 is effective the day following final enactment.
A district specified in section 54 located wholly or partly in
Goodhue county may become a participating district upon adoption
of an approving resolution by its school board and the board of
intermediate school district No. 917, upon compliance with
Minnesota Statutes, section 136D.85, and upon execution of an
agreement with the board of intermediate school district No. 917.
Section 8 is effective for the 1989-1990 school year and
thereafter.
After December 31, 1993, the provisions of Minnesota
Statutes, section 92.67, subdivisions 1 and 3, apply only to
sales made under section 6, subdivision 4, clause (a)(5).
ARTICLE 8
EDUCATION FACILITIES
Section 1. [121.148] [SCHOOL DISTRICT CONSTRUCTION.]
Subdivision 1. [POSITIVE REVIEW AND COMMENT.] If the
commissioner submits a positive review and comment for a
proposal according to section 121.15, the school board may
proceed with the construction according to the requirements of
applicable laws.
Subd. 2. [NEGATIVE REVIEW AND COMMENT.] If the
commissioner submits a negative review and comment for a
proposal according to section 121.15, the school board, by
resolution of the board, shall reconsider construction. If,
upon reconsideration, the school board decides to proceed with
construction, it may initiate proceedings for issuing bonds to
finance construction under sections 475.51 to 475.76. Unless 60
percent of the voters at the election approve of issuing the
obligations, the board is not authorized to issue the
obligations.
Sec. 2. Minnesota Statutes 1986, section 121.15, is
amended to read:
121.15 [REVIEW AND COMMENT FOR SCHOOL DISTRICT
CONSTRUCTION.]
Subdivision 1. [CONSULTATION.] A school district shall
consult with the department commissioner 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, for which the
estimated cost exceeds $100,000. This consultation shall occur
before a referendum for bonds, solicitation for bids, or use of
capital funds expenditure facilities revenue according to
section 275.125, subdivision 11a, clause (c), is
initiated section 4, subdivision 6, clause (2).
Subd. 2. [PLAN SUBMITTAL.] The department of education
commissioner, after the consultation required in subdivision 1,
may require a school district engaging in a construction,
remodeling, or site improvement project to submit the following
for approval:
(a) two sets of preliminary plans for each new building or
addition, and
(b) one set of final plans for each construction,
remodeling, or site improvement project. The department of
education commissioner shall approve or disapprove the plans
within 60 days after submission. A school district shall not
award contracts before the department approves the plans.
Final plans shall meet all applicable state laws, rules,
and codes concerning public buildings, including sections 16B.59
to 16B.73. The department of education's approval shall be
limited to compliance with applicable state laws, rules, and
codes and shall reasonably conform to the recommended
educational standards established by the department of
education. The department may furnish to a school district
plans and specifications for temporary school buildings
containing two classrooms or less.
Subd. 3. [FINAL PLANS.] If no a construction contract has
not been awarded within two years of approval, the approval
shall no longer not be valid. After approval, final plans and
the approval shall be filed with the department commissioner of
education. If substantial changes are made to approved plans
after final approval, documents reflecting the changes shall be
submitted to the department of education commissioner for
approval. Upon completing a project, the school board shall
certify to the department commissioner that the project was
completed according to the approved plans.
Subd. 4. [CONDEMNATION OF SCHOOL BUILDINGS.] The
department of education commissioner may condemn school
buildings and sites which that the state board of education
determines are unfit or unsafe for that use.
Subd. 5. [RULEMAKING.] The state board of education may
adopt rules for public school buildings.
Subd. 6. [REVIEW AND COMMENT.] No referendum for bonds or
solicitation of bids for new construction, expansion, or
remodeling of an educational facility which that requires a
capital an expenditure in excess of $400,000 per school site
shall be initiated prior to review and comment by the
commissioner. A school board shall not separate portions of a
single project into components to avoid the requirements of this
subdivision.
Subd. 7. [INFORMATION REQUIRED.] A school board proposing
to construct a facility described in subdivision 6 shall submit
to the commissioner a proposal containing information including
at least the following:
(a) the geographic area proposed to be served, whether
within or outside the boundaries of the school district;
(b) the population people proposed to be served, including
census findings and projections for the next ten years of the
number of preschool and school-aged people in the area;
(c) the reasonably anticipated need for the facility or
service to be provided;
(d) a description of the construction in reasonable detail,
including: the capital expenditures contemplated; the estimated
annual operating cost, including the anticipated salary and
number of new staff necessitated by the proposal; and an
evaluation of the energy efficiency and effectiveness of the
construction, including estimated annual energy costs;
(e) so far as is known, a description of existing
facilities within the area to be served that offer the same or
similar service and within school districts adjacent to the area
to be served; the extent to which existing facilities or
services are used; the extent to which alternate space is
available from other sources, including other school districts,
post-secondary institutions for higher education, or other
public buildings; and the anticipated effect that the proposal
facility will have on existing facilities and services;
(f) the anticipated benefit of the facility to the area
that will result from the facility;
(g) if known, the relationship of the proposed construction
to any priorities which that have been established for the area
to be served;
(h) the availability and manner of financing the facility
and the estimated date to begin and complete the facility; and
(i) desegregation requirements that cannot be met by any
other reasonable means; and
(j) the relationship of the proposed facility to the
cooperative integrated learning needs of the area.
Subd. 8. [REVIEW OF PROPOSALS.] In reviewing each
proposal, the commissioner shall submit to the school board,
within 60 days of receiving the proposal, the review and comment
about the educational and economic advisability of the project.
The review and comment shall be based on information submitted
with the proposal and other information the commissioner
determines is necessary. If the commissioner submits a negative
review and comment for a portion of a proposal, the review and
comment shall clearly specify which portion of the proposal
received a negative review and comment and which portion of the
proposal received a positive review and comment.
Subd. 9. [PUBLICATION.] At least 20 days but not more than
60 days before a referendum for bonds or solicitation of bids to
construct a facility described in subdivision 6, the school
board shall publish the commissioner's review and comment in a
the legal newspaper of general circulation in the area the
district. Supplementary information shall be available to the
public.
Subd. 10. [REPORT.] Before January 15 of each year, the
commissioner shall report to the legislature about the number
and nature of proposals for projects submitted according to this
section, the nature of the review and comment on the educational
and economic advisability of the project, and any
recommendations.
Sec. 3. Minnesota Statutes 1987 Supplement, section
121.912, subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] Except as provided in this
subdivision, sections 121.9121, 123.36, 4, 475.61, and 475.65, a
school district may not permanently transfer money from (1) an
operating fund to a nonoperating fund; (2) a nonoperating fund
to another nonoperating fund; or (3) a nonoperating fund to an
operating fund. Permanent transfers may be made from any fund
to any other fund to correct for prior fiscal years' errors
discovered after the books have been closed for that year.
Permanent transfers may be made from the general fund to any
other operating funds if the resources of the other fund are not
adequate to finance approved expenditures from that other fund.
Permanent transfers may also be made from the general fund to
eliminate deficits in another fund when that other fund is being
discontinued. When a district discontinues operation of a
district-owned bus fleet or a substantial portion of a fleet,
permanent transfers may be made from the fund balance account
entitled "pupil transportation fund appropriated for bus
purchases" to the capital expenditure fund, with the approval of
the commissioner. The levy authorized pursuant to
section 275.125, subdivision 11a 4, shall be reduced by an
amount equal to the amount transferred. Any school district may
transfer any amount from the unappropriated fund balance account
in its transportation fund to any other operating fund or to the
appropriated fund balance account for bus purchases in its
transportation fund.
Sec. 4. [124.243] [CAPITAL EXPENDITURE; FACILITIES.]
Subdivision 1. A school board shall, by resolution adopted
by a two-thirds vote of its governing body and after notice and
hearing, adopt a capital expenditure facilities program. The
district shall publish notice of the hearing in its official
newspaper at least 20 days before the hearing. The program
shall include plans for repair and restoration of existing
district-owned facilities and plans for new construction. The
program shall include specific provisions to correct any
existing health and safety hazards. The program must set forth
the facilities to be improved, a schedule of work not more than
five years from the adoption or amendment of the program, the
estimated cost of the improvements to be made, and the proposed
methods of financing the program. The program must be reviewed
by the district biennially before July 1 of each odd-numbered
year, after notice and hearing. After the review, the program
may be amended to include the ensuing five-year period.
Subd. 2. [CAPITAL EXPENDITURE FACILITIES REVENUE.] Capital
expenditure facilities revenue for a district equals the lesser
of:
(1) $137 times its actual pupil units for the school year;
or
(2) the difference between $400 times the actual pupil
units for the school year and the unreserved balance in the
capital expenditure facilities account on June 30 of the second
prior school year. For the purpose of determining revenue for
the 1989-1990 and the 1990-1991 school years, the unreserved
balance in the capital expenditure facilities account on June 30
of the second prior school year is zero.
Subd. 3. [CAPITAL EXPENDITURE FACILITIES LEVY.] To obtain
capital expenditure facilities revenue, a district may levy an
amount not to exceed the capital expenditure facilities revenue
determined in subdivision 2 multiplied by the lesser of one, or
the ratio of:
(1) the quotient derived by dividing the adjusted assessed
valuation of the district for the year preceding the year the
levy is certified by the actual pupil units in the district for
the school year to which the levy is attributable, to
(2) 75 percent of the equalizing factor for the school year
to which the levy is attributable.
Subd. 4. [ALTERNATE LEVY.] If a district's capital
expenditure facilities revenue is less than $137 times the
actual pupil units for the school year, the levy shall be the
following amount:
(1) the levy determined in subdivision 3, times
(2) the ratio of the capital expenditure facilities revenue
to an amount equal to $137 times the actual pupil units.
Subd. 5. [CAPITAL EXPENDITURE FACILITIES AID.] A
district's capital expenditure facilities aid is the difference
between the capital expenditure facilities revenue and the
capital expenditure facilities levy. If the district does not
levy the entire amount permitted, the aid is reduced in
proportion to the actual amount levied. Capital expenditure
facilities aid must not be reduced as a result of the reduction
in capital expenditure facilities levy under section 3.
Subd. 6. [USES OF REVENUE.] Capital expenditure facilities
revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
if approved by the commissioner of education according to
applicable statutes and rules;
(3) to rent or lease buildings, including the costs of
building repair or improvement that are part of a lease
agreement;
(4) to equip, reequip, improve, and repair school sites,
buildings, and permanent attached fixtures;
(5) for a surplus school building that is used
substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school
buildings by handicapped individuals;
(7) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(10) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(11) for energy audits for school buildings and to modify
buildings if the audit indicates the cost of the modification
can be recovered within ten years;
(12) to improve buildings that are leased according to
section 123.36, subdivision 10;
(13) to pay special assessments levied against school
property but not to pay assessments for service charges;
(14) to pay principal and interest on state loans for
energy conservation according to section 116J.37 or loans made
under the northeast Minnesota economic protection trust fund act
according to sections 298.292 to 298.298; and
(15) to purchase or lease interactive telecommunications
equipment.
Subd. 7. [SEPARATE ACCOUNT.] Capital expenditure
facilities revenue must be placed in a separate account within
the capital expenditure fund.
Subd. 8. [FUND TRANSFERS.] Money in the account for
capital expenditure facilities revenue must not be transferred
into any other account or fund, except that the school board
may, by resolution, transfer money into the debt redemption fund
to pay the amounts needed to meet, when due, principal and
interest payments on certain obligations issued according to
chapter 475.
Subd. 9. [FUND ALLOCATION.] Capital expenditure facilities
revenue may be allocated to the capital expenditure fund or the
debt redemption fund. Each year a district shall notify the
department about the amount of the capital expenditure
facilities revenue to be allocated to each fund. The department
shall calculate the aid and levy for each fund and reduce the
debt service levy of the district by the amount of the levy
allocated to the debt redemption fund.
Subd. 10. [INTEREST INCOME.] All interest income
attributable to the capital expenditure facilities revenue
account must be credited to the account.
Sec. 5. Minnesota Statutes 1987 Supplement, section
124.244, is amended to read:
124.244 [CAPITAL EXPENDITURE EQUIPMENT REVENUE.]
Subdivision 1. [REVENUE AMOUNT.] The capital
expenditure equipment revenue for each district equals $153 $70
times its actual pupil units counted according to section
124.17, subdivision 1, for the school year.
Subd. 2. [CAPITAL EXPENDITURE EQUIPMENT LEVY.] To obtain
capital expenditure equipment revenue, a district may levy an
amount not to exceed three mills times the adjusted assessed
valuation of the district for the preceding year the district's
capital expenditure equipment revenue as determined in
subdivision 1 multiplied by the lesser of one, or the ratio of:
(1) the quotient derived by dividing the adjusted assessed
valuation of the district for the year preceding the year the
levy is certified by the actual pupil units in the district for
the school year to which the levy is attributable, to
(2) 75 percent of the equalizing factor for the school year
to which the levy is attributable.
Subd. 3. [CAPITAL EXPENDITURE EQUIPMENT AID.] A district's
capital expenditure equipment aid is the difference between the
capital expenditure equipment revenue and the capital
expenditure equipment levy. If a district does not levy the
entire amount permitted, capital expenditure equipment aid must
be reduced in proportion to the actual amount levied. Capital
expenditure equipment aid must not be reduced as a result of a
reduction of its capital expenditure equipment levy under
section 6.
Subd. 4. [USES OF REVENUE.] Capital expenditure equipment
revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
if approved by the commissioner of education according to
applicable statutes and rules;
(3) to rent or lease buildings for school purposes;
(4) to equip, reequip, improve, and repair school sites,
buildings and permanent attached fixtures;
(5) to eliminate barriers or increase access to school
buildings by handicapped individuals;
(6) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(7) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(8) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(9) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(10) for energy audits for school buildings and to make
modifications if the audit indicates the costs can be recovered
within ten years;
(11) to improve buildings that are leased according to
section 123.36, subdivision 10;
(12) to pay special assessments levied against school
property but not to pay assessments for service charges;
(13) to pay capital expenditure equipment related
assessments of an educational cooperative service unit any
entity formed under a cooperative agreement between two or more
districts;
(14) to pay principal and interest on state loans for
energy conservation according to section 116J.37 or loans made
under the northeast Minnesota economic protection trust fund act
according to sections 298.292 to 298.298;
(15) (2) to purchase or lease computers and related
materials, copying machines, and telecommunications equipment,
and other noninstructional equipment;
(16) (3) to purchase or lease equipment for secondary
vocational education programs or senior secondary industrial
arts instructional programs; and
(17) (4) to purchase textbooks;
(5) to purchase library books; and
(6) to purchase vehicles except those for which a levy is
authorized under section 275.125, subdivision 5f.
Sec. 6. [124.2445] [PURCHASE OF CERTAIN EQUIPMENT.]
The board of a school district may issue certificates of
indebtedness or capital notes subject to the school district
debt limits to purchase vehicles other than school buses,
computers, telephone systems, cable equipment, photocopy and
office equipment, technological equipment for instruction, and
other capital equipment having an expected useful life at least
as long as the terms of the certificates or notes. The
certificates or notes must be payable in not more than five
years and must be issued on the terms and in the manner
determined by the board. A tax levy must be made for the
payment of the principal and interest on the certificates or
notes, in accordance with section 475.61, as in the case of
bonds. That tax levy for each year must not exceed the amount
of the district's capital expenditure equipment levy under
section 124.244 for the year the initial debt service levies are
certified. The district's capital expenditure levy under
section 124.244 for each year must be reduced by the amount of
the tax levies for debt service certified for each year for
payment of the principal and interest on the certificates or
notes as required by section 475.61.
Sec. 7. Minnesota Statutes 1986, section 124.43,
subdivision 1, is amended to read:
Subdivision 1. [REVIEW BY COMMISSIONER.] (a) To the extent
moneys are from time to time available hereunder, The
commissioner may, after review and a favorable recommendation by
the state board of education, recommend to the legislature
capital loans to school districts. Proceeds of the loans shall
be used only for sites for school buildings and for acquiring,
bettering, furnishing, or equipping school buildings under
contracts to be entered into within 12 months from and after the
date on which each loan is granted. Applications with the
accompanying data specified in subdivision 2 shall be filed
between October 1 of any year and the following June 1.
(b) Any school board which that intends to submit an
application for a capital loan shall submit a proposal to the
commissioner for review and comment pursuant to section
121.15 by September 1 of any year, and the commissioner shall
prepare a review and comment on the proposed facility,
regardless of the amount of the capital expenditure required to
construct the facility. The state board shall not make a
favorable recommendation on an application for a capital loan
for any facility unless:
(1) the facility receives a favorable positive review and
comment pursuant to section 121.15; and
(2) the state board determines that
(A) the facilities are needed to replace facilities
dangerous to the health and safety of pupils, or to provide for
pupils for whom no adequate facilities exist;
(B) the facilities could not be made available through
dissolution and attachment of the district to another district
or through pairing, interdistrict cooperation, or consolidation
with another district, or through the purchase or lease of
facilities from existing institutions within the area. The
preference of the school district regarding reorganization shall
not be a criterion used by the state board in determining
whether the facilities could be made available through
reorganization;
(C) the facilities are comparable in size and quality to
facilities recently constructed in other districts of similar
enrollment; and
(D) the district's need for the facilities is comparable to
needs which that comparable districts are meeting through local
bond issues.
The state board may recommend that the loan be approved in
a reduced amount in order to meet the foregoing criteria. If
the state board recommends that a loan not be approved, the
commissioner shall not recommend approval of the loan. If the
state board recommends that the loan be approved in a reduced
amount, the commissioner shall not recommend approval of a loan
larger than that recommended by the state board.
(c) As part of reviewing an application for a capital loan,
the commissioner of education shall prepare estimated yearly
repayments by the school district and the estimated amount of
principal and interest that may be forgiven after the term of
the loan. These estimates shall assume no growth in assessed
valuation over the term of the loan, shall assume a 16 mill levy
equal to 16 mills times the adjusted assessed value, and shall
be prepared using a methodology approved by the commissioner of
finance. The commissioner of education shall use a discount
factor provided by the commissioner of finance in determining
the present value of the estimated amount of interest and
principal which may be forgiven after the term of the loan.
(d) No loan shall be recommended for approval for any
district exceeding an amount computed as follows:
(1) The amount voted requested by the district under
subdivision 2;
(2) Plus the aggregate principal amount of general
obligation bonds of the district outstanding on the date of
approval June 30 of the year following the year the application
was received, not exceeding the limitation on net debt of the
district in section 475.53, subdivision 4, or 24 percent of the
adjusted assessed value, whichever is less;
(3) Less the maximum net debt permissible for the district
on the date of approval on December 1 of the year the
application is received, under the limitation in section 475.53,
subdivision 4, or 24 percent of the most recent adjusted
assessed value available at the time of application, whichever
is less; and
(4) Less any amount by which the amount voted exceeds the
total cost of the facilities for which the loan is granted, as
estimated in accordance with subdivision 4, provided that the
loan may be approved in an amount computed as provided in
clauses (1) to (3), subject to subsequent reduction in
accordance with this clause.
Sec. 8. Minnesota Statutes 1986, section 124.43,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT PROCEDURES.] The school board of any
district desiring a capital loan shall adopt a resolution
stating the amount proposed to be borrowed, the purpose for
which the debt is to be incurred, and an estimate of the dates
when the facilities for which the loan is requested will be
contracted for and completed. The question of authorizing the
borrowing of funds for the facilities shall be submitted to the
voters of the district at a regular or special election. The
question submitted shall state the total amount to be borrowed
from all sources. A majority of those voting on the question
shall be sufficient to authorize the district to effect the
state loan application and also to issue the bonds on public
sale in accordance with chapter 475. Applications for loans
shall be accompanied by (a) a copy of the resolution, and (b) a
certificate by the clerk showing the vote at the election, (c) a
certificate by the clerk and treasurer showing the then
outstanding indebtedness of the district, and (d) a certificate
by the county auditor of each county in which a portion of the
district lies showing the information in the auditor's official
records which is required to be used in computing the debt limit
of the district under section 475.53, subdivision 4. The
clerk's and treasurer's certificate shall show, as to each
outstanding bond issue, the amount originally issued, the
purpose for which issued, the date of issue, the amount
remaining unpaid as of the date of the resolution, and the
interest rates and due dates and amounts of principal thereon.
Applications shall be in the form and accompanied by the
additional data which the commissioner and state board of
education prescribe. Applications must be received by the
commissioner by December 1 of any year. When an application is
received, the commissioner shall obtain from the commissioner of
revenue, and from the public utilities commission when required,
the information in their official records which is required to
be used in computing the debt limit of the district under
section 475.53, subdivision 4.
Sec. 9. Minnesota Statutes 1986, section 124.43,
subdivision 3, is amended to read:
Subd. 3. [AWARD OF LOANS RECOMMENDATIONS OF THE
COMMISSIONER.] The commissioner shall examine and consider all
applications for capital loans which have been recommended by
the state board of education, and if any applicant district
is promptly notify any district found not qualified it shall be
promptly notified thereof by the state board of the state
board's decision. The commissioner shall make recommendations
concerning each capital loan to the education committees of both
houses of the legislature by February 1 of each year. The
commissioner shall also report on the funds remaining in the
capital loan account, and if necessary, request that another
bond issue be authorized. On January 1 and July 1 of each year,
the commissioner shall make a determination on all pending
applications which have been on file with the commissioner more
than one month. If an applicant is qualified in the opinion of
the commissioner and the aggregate of the amounts applied for
does not exceed the amount available or which can be made
available in the capital loan account, all loans so applied for
shall be granted, subject to acceptance by the respective
districts as specified below. If the aggregate exceeds the
amount which is or can be made available, the commissioner shall
allot the available amount among the qualified applicant
districts, or any of them, according to the commissioner's
judgment and discretion based upon their respective needs. The
commissioner shall promptly certify to each qualified applicant
district the amount, if any, of the capital loan granted to it,
subject to adjustment under subdivision 1, clause (4).
Sec. 10. Minnesota Statutes 1986, section 124.43, is
amended by adding a subdivision to read:
Subd. 3a. [LEGISLATIVE ACTION.] Each capital loan must be
approved in law.
If the aggregate amount of the capital loans exceeds the
amount that is or can be made available, the commissioner shall
allot the available amount among any number of qualified
applicant districts, according to the commissioner's judgment
and discretion, based upon the districts' respective needs.
Sec. 11. Minnesota Statutes 1986, section 124.43, is
amended by adding a subdivision to read:
Subd. 3b. [DISTRICT REFERENDUM.] Upon receipt of the
review and comment on the project, the question authorizing the
borrowing of funds for the facilities must be submitted by the
school board to the voters of the district at a regular or
special election. The question submitted shall state the total
amount to be borrowed from all sources. Approval of a majority
of those voting on the question is sufficient to authorize the
issuance of the obligations on public sale in accordance with
chapter 475. However, no capital loan is available to the
district until the capital loan is approved in law and the
question is approved by a majority of the voters of the district
at a regular or special election. The district shall mail to
the commissioner of education a certificate by the clerk showing
the vote at the election.
Sec. 12. [124.477] [BOND ISSUE; MAXIMUM EFFORT SCHOOL
LOANS; 1988.]
To provide money to be loaned to school districts as
agencies and political subdivisions of the state to acquire and
to better public land and buildings and other public
improvements of a capital nature, in the manner provided by the
maximum effort school aid law, the commissioner of finance shall
issue and sell school loan bonds of the state of Minnesota in
the maximum amount of $20,000,000, in addition to the bonds
already authorized for this purpose. The same amount is
appropriated to the maximum effort school loan fund and must be
spent under the direction of the commissioner of education to
make debt service loans and capital loans to school districts as
provided in sections 124.36 to 124.47. The bonds must be issued
and sold and provision for their payment must be made according
to section 124.46. Enough money to pay interest on the bonds to
and including July 1 in the second year after the date of issue
must be credited from the bond proceeds to the school loan bond
account in the state bond fund. Expenses incidental to the
sale, printing, execution, and delivery of the bonds, including,
but without limitation, actual and necessary travel and
subsistence expenses of state officers and employees for those
purposes, must be paid from the maximum effort school loan fund,
and the money necessary for the expenses is appropriated from
that fund.
Sec. 13. Minnesota Statutes 1987 Supplement, section
124.494, subdivision 4, is amended to read:
Subd. 4. [AWARD OF GRANTS.] The commissioner shall examine
and consider all applications for grants, and if any joint
powers district is found not qualified, the commissioner shall
promptly notify that joint powers board. On January 1 and July
1 of each year 1988, the commissioner shall make a determination
on all pending applications that awards to no more than two
qualified applicants whose applications have been on file with
the commissioner more than one month. If the applicants are
determined to be qualified by the commissioner and the total
amount of the grants applied for does not exceed the amount
available or that can be made available in the incentive grant
account, all grants so applied for shall be approved, A grant
award is subject to verification by the joint powers districts
as specified in subdivision 6. If the total amount of
the approved applications exceeds the amount that is or can be
made available, the commissioner shall allot the available
amount among equally between the qualified approved applicant
districts, according to the commissioner's judgment and
discretion based upon their respective needs. The commissioner
shall promptly certify to each qualified joint powers district
the amount, if any, of the grant awarded to it.
Sec. 14. Minnesota Statutes 1987 Supplement, section
124.494, subdivision 5, is amended to read:
Subd. 5. [REFERENDUM; BOND ISSUE.] Within 90 days after
being awarded a grant under subdivision 4, the joint powers
board shall submit the question of authorizing the borrowing of
funds for the secondary facility to the voters of the joint
powers district at a special election, which may be held in
conjunction with the annual election of the school board members
of the member districts. The question submitted shall state the
total amount of funding needed from all sources. A majority of
those voting in the affirmative on the question is sufficient to
authorize the joint powers board to accept the grant and to
issue the bonds on public sale in accordance with chapter 475.
The clerk of the joint powers board must certify the vote of the
bond election to the commissioner of education. If the bonds
are authorized question is approved by the voters, the
commissioner shall notify the county auditor of each county in
which the joint powers district is located approved applicant
districts that the grant amount certified under subdivision 4 is
available and appropriated for payment of principal and interest
on the bonds issued under this subdivision, and the auditor
shall reduce the joint powers district's debt service levies
accordingly under this subdivision. If a majority of those
voting on the question do not vote in the affirmative, the grant
must be canceled.
Sec. 15. Minnesota Statutes 1987 Supplement, section
124.494, subdivision 6, is amended to read:
Subd. 6. [CONTRACT.] Each grant must be evidenced by a
contract between the joint powers board and the state acting
through the commissioner. It The contract obligates the state
to pay to the joint powers board an amount computed according to
subdivision 4, upon receipt by the commissioner of a certified
resolution of the joint powers board verifying that contracts
have been entered into for construction or remodeling of the
facilities for which the grant is awarded and that bonds of the
joint powers district have been issued and sold in the amount
necessary to pay all project costs in excess of the amount of
the grant, and estimating the costs and according to a schedule,
and terms and conditions acceptable to the commissioner of
finance.
Sec. 16. [124.4945] [LEVY FOR SEVERANCE PAY.]
A joint powers board established under section 124.494 may
make a levy to provide severance pay and early retirement
incentives under section 125.611, for any teacher as defined
under section 125.12, subdivision 1, who is placed on
unrequested leave as a result of the cooperative secondary
facility agreement. A joint powers board making a levy shall
certify to each participating district tax levies sufficient to
raise the amount necessary to provide the district's portion of
severance pay and early retirement incentives. The tax levy
certified to each district must be expressed as a mill rate,
that, when applied to the adjusted assessed valuation of all of
the participating districts raises the amount necessary to
provide severance pay and early retirement incentives. Each
participating school district shall include the levy in the next
tax roll which it shall certify to the county auditor, and shall
remit the collections of the levy to the joint powers board.
Sec. 17. Minnesota Statutes 1987 Supplement, section
124.495, is amended to read:
124.495 [STATE BOND AUTHORIZATION.]
To provide money for the cooperative secondary facilities
grant program, the commissioner of finance, upon the request of
the commissioner of education, shall issue and sell bonds of the
state up to the amount of $8,000,000 $16,000,000 in the manner,
upon the terms and with the effect prescribed by sections
16A.631 to 16A.675 and the Minnesota Constitution, article XI,
sections 4 to 7.
Sec. 18. [124.82] [BUILDING CONSTRUCTION DOWN PAYMENT
PROGRAM.]
Subdivision 1. [CREATION OF A DOWN PAYMENT ACCOUNT.] A
school district may create a down payment account as a separate
account in its construction fund. All proceeds from the down
payment levy must be deposited in the capital expenditure fund
and transferred to this account. Interest income attributable
to the down payment account must be credited to the account.
Subd. 2. [USES OF THE ACCOUNT.] Money in the down payment
account must be used as a down payment for the future costs of
acquisition and betterment for a project that has been reviewed
under section 121.15 and has been approved according to
subdivision 3.
Subd. 3. [FACILITIES DOWN PAYMENT LEVY REFERENDUM.] A
district may levy the millage approved by a majority of the
electors voting on the question to provide funds for a down
payment for an approved project. The election must take place
no more than five years before the estimated date of
commencement of the project. The referendum must be held on a
date set by the school board. A referendum for a project not
receiving a positive review and comment by the commissioner
under section 121.15 must be approved by at least 60 percent of
the voters at the election. The referendum may be called by the
school board and may be held:
(1) separately, before an election for the issuance of
obligations for the project under chapter 475; or
(2) in conjunction with an election for the issuance of
obligations for the project under chapter 475; or
(3) notwithstanding section 475.59, as a conjunctive
question authorizing both the down payment levy and the issuance
of obligations for the project under chapter 475. Any
obligations authorized for a project may be issued within five
years of the date of the election.
The ballot must provide a general description of the
proposed project, state the estimated total cost of the project,
state whether the project has received a positive or negative
review and comment from the commissioner of education, state the
maximum amount of the down payment levy in mills, state the
amount that will be raised by that millage in the first year it
is to be levied, and state the maximum number of years that the
levy authorization will apply.
The ballot must contain a textual portion with the
information required in this section and a question stating
substantially the following:
"Shall the down payment levy proposed by the board of
.......... School District No. .......... be approved?"
If approved, the amount provided by the approved millage
applied to each year's taxable valuation may be certified for
the number of years approved.
In the event a conjunctive question proposes to authorize
both the down payment levy and the issuance of obligations for
the project, appropriate language authorizing the issuance of
obligations must also be included in the question.
The district must notify the commissioner of education of
the results of the referendum.
Subd. 4. [EXCESS BUILDING CONSTRUCTION FUND LEVY
PROCEEDS.] Any funds remaining in the down payment account that
are not applied to the payment of the costs of the approved
project before its final completion must be transferred to the
district's debt redemption fund.
Sec. 19. [124.83] [CAPITAL EXPENDITURE; HEALTH AND
SAFETY.]
Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive
health and safety revenue a district must submit to the
commissioner of education an application for aid and levy by
August 15 in the previous school year. The application may be
for hazardous substance removal, fire code compliance, or life
safety repairs. The application must include a health and
safety program adopted by the school district board. The
program must include the estimated cost of the program by fiscal
year.
Subd. 2. [CONTENTS OF PROGRAM.] A district may adopt a
health and safety program. The program may include plans for
hazardous substance removal, fire code compliance, or life
safety repairs.
A hazardous substance plan must contain provisions for the
removal or encapsulation of asbestos from school buildings or
property, asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property,
and cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline,
fuel, oil, and special fuel, as defined in section 296.01. If a
district has already developed a plan for the removal or
encapsulation of asbestos, a new plan is not necessary for
purposes of this section.
A fire safety plan must contain a description of the
current fire code violation, a plan for the removal or repair of
the fire hazard, and a description of safety preparation and
awareness procedures to be followed until the hazard is fully
corrected.
A life safety plan must contain a description of the life
safety hazard and a plan for its removal or repair.
Subd. 3. [HEALTH AND SAFETY REVENUE.] A district's health
and safety revenue equals the approved cost of the health and
safety program for the school year to which the levy is
attributable, minus the unexpended portion of levies certified
by the district in earlier years under section 275.125,
subdivision 11c.
Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and
safety revenue, a district may levy an amount equal to the
district's health and safety revenue as defined in subdivision 3
multiplied by the lessor of one, or the ratio of:
(1) the quotient derived by dividing the adjusted assessed
valuation of the district for the year preceding the year the
levy is certified by the actual pupil units in the district for
the school year to which the levy is attributable, to
(2) 75 percent of the equalizing factor for the school year
to which the levy is attributable.
Subd. 5. [HEALTH AND SAFETY AID.] A district's health and
safety aid is the difference between its health and safety
revenue and its health and safety levy. If a district does not
levy the entire amount permitted, health and safety aid must be
reduced in proportion to the actual amount levied.
Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and
safety revenue may be used only for expenditures necessary to
correct fire safety hazards, life safety hazards, or for the
removal or encapsulation of asbestos from school buildings or
property, asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property,
or the cleanup, removal, disposal, and repairs related to
storing heating fuel or transportation fuels such as alcohol,
gasoline, fuel oil, and special fuel, as defined in section
296.01.
Subd. 7. [PRORATION.] In the event that the health and
safety aid available for any year is prorated, a district having
its aid prorated may levy an additional amount equal to the
amount not paid by the state due to proration.
Sec. 20. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 4a. [DOWN PAYMENT LEVY.] A school district may levy
the amount authorized for a down payment levy according to
section 18.
Sec. 21. Minnesota Statutes 1986, section 275.125, is
amended by adding a subdivision to read:
Subd. 11d. [EXTRA CAPITAL EXPENDITURE LEVY FOR LEASING
BUILDINGS.] When a district finds it economically advantageous
to rent or lease a building for a secondary vocational
cooperative program and it determines that the capital
expenditure facilities revenues authorized under section 4 are
insufficient for this purpose, it may apply to the commissioner
for permission to make an additional capital expenditure levy
for this purpose. An application for permission to levy under
this subdivision must contain financial justification for the
proposed levy, the terms and conditions of the proposed lease,
and a description of the space to be leased and its proposed
use. The criteria for approval of applications to levy under
this subdivision must include: the reasonableness of the price,
the appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building,
conformity of the lease to the laws and rules of the state of
Minnesota, and the appropriateness of the proposed lease to the
space needs and the financial condition of the district. The
commissioner must not authorize a levy under this subdivision in
an amount greater than the cost to the district of renting or
leasing a building for approved purposes. The proceeds of this
levy must not be used for leasing or renting a facility owned by
a district or for custodial or other maintenance services.
Sec. 22. Laws 1987, chapter 400, section 59, is amended to
read:
Sec. 59. [REPEALER.]
Sections 33 to 38 36 are repealed June 30, 1989.
Sec. 23. [CAPITAL LOANS.]
Subdivision 1. [LOAN TO MILACA SCHOOL DISTRICT.] A capital
loan in an amount not to exceed $4,791,000 to independent school
district No. 912, Milaca, is approved.
Subd. 2. [LOAN TO HOLDINGFORD SCHOOL DISTRICT.] A capital
loan in an amount not to exceed $1,087,000 to independent school
district No. 738, Holdingford, is approved.
Subd. 3. [LOAN TO REDWOOD FALLS SCHOOL DISTRICT.] A
capital loan in an amount not to exceed $5,838,000 to
independent school district No. 637, Redwood Falls, is approved.
Sec. 24. [DEBT SERVICE.]
The legislature estimates that the amount that will need to
be transferred from the general fund to the state bond fund to
pay principal and interest due and to become due on state
general obligation bonds issued for the cooperative secondary
facilities grant program authorized by the amendment to
Minnesota Statutes, section 124.495, contained in this article
will be $608,900 for the fiscal year ending June 30, 1989.
Sec. 25. [1988 LEVY FOR LEASING BUILDINGS.]
A district may levy in 1988 the amount the district would
have been authorized to levy in 1987 for the cost of renting or
leasing buildings according to Minnesota Statutes, section
275.125, subdivision 12, had the authority to levy for this
purpose not been repealed.
Sec. 26. [APPROPRIATION.]
$8,000,000 is appropriated from the state building fund to
the commissioner of education for fiscal year 1988 for grants to
districts under the cooperative secondary facilities grant
program according to Minnesota Statutes, section 124.494. This
appropriation is in addition to the amount appropriated by Laws
1987, chapter 400, section 16, subdivision 4.
Sec. 27. [REPEALER.]
Minnesota Statutes 1986, section 124.435; Minnesota
Statutes 1987 Supplement, sections 124.245, subdivisions 3, 3a,
and 3b; and 275.125, subdivision 11c, are repealed effective for
the 1989-1990 school year.
Sec. 28. [EFFECTIVE DATES.]
Sections 1 and 2 are effective the day following final
enactment for projects that have not been submitted to the
department for review and comment under Minnesota Statutes 1986,
section 121.15. Sections 6 to 18, 20, 23, 24, and 26, are
effective the day following final enactment. Sections 4, 5, and
19 are effective for revenue for the 1989-1990 school year and
thereafter.
Approved May 6, 1988
Official Publication of the State of Minnesota
Revisor of Statutes