Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 329-H.F.No. 654
An act relating to education; providing for general
education revenue, transportation, special programs,
community education, school facilities and equipment,
education organization and cooperation, access to
education excellence, school breakfast programs,
sexual harassment and violence policies, libraries,
state education agencies, education agency services,
Faribault academies, center for arts education,
providing for limits on open enrollment; appropriating
money; amending Minnesota Statutes 1988, sections
16A.1541; 16B.60, subdivision 6; 43A.08, subdivision
1a; 120.06, by adding a subdivision; 120.062,
subdivisions 4, 5, and 6; 120.17, subdivisions 3, 3b,
and 11a; 121.11, subdivisions 7, 12, and 14; 121.15,
subdivision 2; 121.612; 121.88, subdivisions 8, 9, and
10; 121.882, subdivision 2; 121.904, subdivision 4a,
and by adding a subdivision; 121.908, subdivision 5;
121.912, by adding a subdivision; 121.931,
subdivisions 3, 4, and 7; 121.934, subdivision 2;
121.935, subdivision 6; 121.936, subdivision 4a;
122.23, by adding a subdivision; 122.41; 122.43,
subdivision 1; 122.532, subdivisions 3 and 4, and by
adding a subdivision; 122.541; 122.91, subdivisions 1,
3, 5, and by adding subdivisions; 122.92; 122.93,
subdivision 2, and by adding subdivisions; 122.94,
subdivision 1, and by adding a subdivision; 122.95,
subdivision 2, and by adding a subdivision; 123.33,
subdivision 7; 123.3514, subdivisions 4c, 5, 7, 10,
and by adding a subdivision; 123.36, subdivisions 1
and 13, as amended; 123.39, by adding a subdivision;
123.58, subdivisions 4 and 9; 124.155, subdivisions 1
and 2; 124.19, subdivision 5, and by adding a
subdivision; 124.195, subdivisions 8 and 9; 124.2131,
subdivision 1; 124.223; 124.225; 124.243, subdivisions
2, 3, and by adding a subdivision; 124.244,
subdivisions 1 and 2; 124.245, subdivision 3b;
124.252, subdivision 3; 124.26, subdivisions 1c and 7,
and by adding a subdivision; 124.2711, subdivision 1
and 3; 124.2721; 124.273, subdivisions 4 and 5;
124.32, subdivision 1b; 124.38, subdivision 7; 124.43,
subdivision 1; 124.494, subdivision 2; 124.573,
subdivisions 2 and 2b, and by adding subdivisions;
124.574, subdivisions 2b, 4, and 5; 124.575,
subdivisions 2 and 3, and by adding a subdivision;
124.82, subdivision 3; 124.83, subdivisions 3, 4, and
6; 124A.03, subdivision 2; 124A.036, by adding a
subdivision; 124A.22, subdivisions 1, 2, 5, 6, 8, and
9, and by adding subdivisions; 124A.23, subdivision 1;
124A.28, subdivision 1; 124A.29; 126.151, subdivision
2; 126.22, subdivisions 2 and 3, and by adding a
subdivision; 126.23; 126.56, subdivision 4, and by
adding a subdivision; 126.661, by adding a
subdivision; 126.663, subdivisions 2 and 3; 126.67,
subdivisions 5 and 8; 128A.09; 129.121, by adding
subdivisions; 129B.41; 129B.42; 129B.44; 129B.45;
129B.46; 129C.10; 134.31, by adding a subdivision;
134.33, subdivision 1; 134.34, subdivisions 1, 2, and
3; 136D.22, subdivision 1; 136D.27, subdivision 1;
136D.72, subdivision 1; 136D.74, subdivision 2;
136D.82, subdivision 1; 136D.87, subdivision 1;
141.25, subdivision 8; 141.26, subdivision 5; 171.29,
subdivision 2; 273.1102, subdivision 3; 273.1398,
subdivision 6; 275.011, subdivision 1; 275.125,
subdivisions 5, 5b, 5c, 5e, 6e, 6h, 6i, 8b, 8e, 9, 9a,
9b, 9c, 11d, 14a, and by adding a subdivision; 275.14;
297A.25, subdivision 11; 326.03, subdivision 2;
354.094, subdivision 1 and 2; 354.66, subdivision 4;
354A.091, subdivision 1 and 2; 354A.094, subdivision
4; 363.01, by adding a subdivision; 363.06,
subdivision 3; 363.073, subdivision 1; 422A.101,
subdivision 2; 465.71; 471.38, subdivision 3; Laws
1959, chapter 462, section 3, subdivision 10, as
amended; Laws 1965, chapter 705, as amended; Laws
1976, chapter 20, section 4; Laws 1988, chapter 719,
article 5, section 84; proposing coding for new law in
Minnesota Statutes, chapters 121; 122; 123; 124; 124A;
126; 127; 129B; repealing Minnesota Statutes 1988,
sections 120.05, subdivision 1; 120.062, subdivision
8; 120.13; 120.15; 120.16; 120.77; 121.09; 121.12;
121.151; 121.35, subdivision 5; 121.496, subdivision
1; 121.83; 121.84; 121.843; 121.844; 121.845; 121.86;
121.882, subdivision 10; 121.902, subdivision 2;
121.9121, subdivision 6; 121.914, subdivisions 9 and
10; 122.86; 122.87; 122.88; 122.96; 123.3511;
123.3512; 123.581, subdivisions 1 and 6; 123.60;
123.601; 123.68; 123.702; 123.703; 123.704; 123.705;
124.12, subdivision 1; 124.2138, subdivisions 3 and 4;
124.217; 124.243, subdivision 4; 124.271, subdivisions
2b, 3, 4, and 7; 124.496; 124A.27, subdivision 7;
125.241, subdivision 3; 125.60, subdivision 7; 126.03;
126.07; 126.10; 126.11; 126.39, subdivision 11;
126.52, subdivision 11; 126.70, subdivision 3; 126.80;
126.81; 129B.11; 129B.47; 129B.48; 134.33, subdivision
1; 134.34, subdivision 5; 275.125, subdivisions 6f and
8; and 275.128; and Laws 1988, chapter 718, article 5,
section 4; and article 7, section 61.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1. Minnesota Statutes 1988, section 16A.1541, is
amended to read:
16A.1541 [ADDITIONAL REVENUES; PRIORITY.]
If on the basis of a forecast of general fund revenues and
expenditures the commissioner of finance determines that there
will be a positive unrestricted budgetary general fund balance
at the close of the biennium, the commissioner of finance must
allocate money to the budget and cash flow reserve account until
the total amount in the account equals $550,000,000 five percent
of total general fund appropriations for the current biennium as
established by the most recent legislative session after
reducing the property tax levy recognition percent under section
121.904, subdivision 4a to 27 percent.
The amounts necessary to meet the requirements of this
section are appropriated from the general fund.
Sec. 2. Minnesota Statutes 1988, section 124.19,
subdivision 5, is amended to read:
Subd. 5. [SCHEDULE ADJUSTMENTS.] (a) It is the intention
of the legislature to encourage efficient and effective use of
staff and facilities by school districts. School districts are
encouraged to consider both cost and energy saving measures.
(b) Notwithstanding the provisions of subdivision 1 or 4,
any district, including a district operating a program pursuant
to sections 120.59 to 120.67 or 129B.42 to 129B.47, or operating
a commissioner-designated area learning center program under
section 129B.56, or that otherwise receives the approval of the
commissioner to operate its instructional program to avoid an
aid reduction in any year, may adjust the annual school schedule
for that program throughout the calendar year so long as the
number of instructional hours in the year is not less than the
number of instructional hours per day specified in the rules of
the state board multiplied by the minimum number of
instructional days required by subdivision 1.
Sec. 3. Minnesota Statutes 1988, section 124.19, is
amended by adding a subdivision to read:
Subd. 7. [ALTERNATIVE PROGRAMS.] (a) This subdivision
applies to an alternative program that has been approved by the
state board of education pursuant to Minnesota Rules, part
3500.3500, as exempt from Minnesota Rules, part 3500.1500,
requiring a school day to be at least six hours in duration.
(b) To receive general education revenue for a pupil in an
alternative program, a school district must meet the
requirements in this paragraph. The program must be approved by
the commissioner of education. In approving a program, the
commissioner may use the process used for approving state
designated area learning centers under section 129B.56.
(c) In addition to the requirements in paragraph (b), to
receive general education revenue for a pupil in an alternative
program that has an independent study component, a school
district must meet the requirements in this paragraph.
For a course having an independent study component, the
pupil must complete coursework and receive credit for each
course for which the aid is claimed.
The school district must develop with the pupil a continual
learning plan for the pupil. A district must allow a minor
pupil's parent or guardian to participate in developing the
plan, if the parent or guardian wants to participate. The plan
must identify the learning experiences and expected outcomes
needed for satisfactory credit for the year and for graduation.
The plan must be updated each year.
General education revenue for a pupil in an approved
alternative program without an independent study component must
be prorated for a pupil participating for less than a full
school year, or its equivalent.
General education revenue for a pupil in an approved
alternative program that has an independent study component must
be prorated for a pupil receiving fewer than six credits in a
year.
For an alternative program having an independent study
component, the commissioner shall require a description of the
courses in the program, the kinds of independent study involved,
the expected learning outcomes of the courses, and the means of
measuring student performance against the expected outcomes.
A credit for a year in an approved alternative program
shall, for the purposes of audit, be considered to be 170 hours
of teacher contact time and independent study time.
Sec. 4. Minnesota Statutes 1988, section 124A.03,
subdivision 2, is amended to read:
Subd. 2. [REFERENDUM LEVY.] (1) (a) The levy authorized by
section 124A.23, subdivision 2, may be increased in any the
amount that is approved by the voters of the district at a
referendum called for the purpose. The referendum may be called
by the school board or shall be called by the school board upon
written petition of qualified voters of the district. The
referendum shall be held on a date set by the school board.
Only two elections may be held to approve a levy increase that
will commence in a specific school year. The referendum must be
held on the first Tuesday after the first Monday in November.
The ballot shall state the maximum amount of the increased
levy in mills as a percentage of net tax capacity, the amount
that will be raised by that tax capacity rate in the first year
it is to be levied, and that the tax capacity rate shall be used
to finance school operations. The ballot may designate a
specific number of years for which the referendum authorization
shall apply. The ballot may contain a textual portion with the
information required in this subdivision and a question stating
substantially the following:
"Shall the increase in the levy proposed by (petition to)
the board of ........., School District No. .., be approved?"
If approved, the amount provided by the approved tax
capacity rate applied to each year's gross the net tax capacity
for the year preceding the year the levy is certified shall be
authorized for certification for the number of years approved,
if applicable, or until revoked or reduced by the voters of the
district at a subsequent referendum.
(2) (b) A referendum on the question of revoking or
reducing the increased levy amount authorized pursuant to clause
(1) paragraph (a) may be called by the school board and shall be
called by the school board upon the written petition of
qualified voters of the district. A levy approved by the voters
of the district pursuant to clause (1) paragraph (a) must be
made at least once before it is subject to a referendum on its
revocation or reduction for subsequent years. Only one such
revocation or reduction election may be held to revoke or reduce
a levy for any specific year and for years thereafter.
(3) A petition authorized by clause (1) shall be effective
if signed by a number of qualified voters in excess of 15
percent, or ten percent if the school board election is held in
conjunction with a general election, of the average number of
voters at the two most recent district wide school elections. A
referendum invoked by petition shall be held within three months
of submission of the petition to the school board.
(4) (c) A petition authorized by clause (2) paragraph (a)
or (b) shall be effective if signed by a number of qualified
voters in excess of five 15 percent of the residents registered
voters of the school district as determined by the most recent
census on the day the petition is filed with the school board.
A revocation or reduction referendum invoked by petition shall
be held within three months of submission of the petition to the
school board on the date specified in paragraph (a).
(5) (d) Notwithstanding any law to the contrary, The
approval of 50 percent plus one of those voting on the question
is required to pass a referendum authorized by this subdivision.
(6) (e) Within 30 days after the district holds a
referendum pursuant to this clause, the district shall notify
the commissioner of education of the results of the referendum.
Sec. 5. Minnesota Statutes 1988, section 124A.22,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] The general
education revenue for each district equals the sum of the
district's basic revenue, compensatory education revenue,
training and experience revenue, secondary sparsity revenue,
elementary sparsity revenue, and supplemental revenue.
Sec. 6. Minnesota Statutes 1988, 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 $2,755 for
the 1988-1989 school year. The formula allowance is
$2,800 $2,838 for fiscal year 1990. The formula allowance for
subsequent fiscal years is $2,953.
Sec. 7. Minnesota Statutes 1988, section 124A.22, is
amended by adding a subdivision to read:
Subd. 2a. [ELIGIBILITY FOR INCREASE.] Notwithstanding
subdivision 2 or any other law to the contrary, if a school
board and the bargaining unit of the teachers in a school
district have not ratified a contract by January 15, 1990, for
the two-year period ending June 30, 1991, the district is no
longer eligible for $25 of the formula allowance for fiscal year
1990. The total amount of money that would have been paid to
districts that are not eligible according to this subdivision
shall be allocated to eligible districts according to the number
of actual pupil units in all of the eligible districts.
Sec. 8. Minnesota Statutes 1988, section 124A.22,
subdivision 5, is amended to read:
Subd. 5. [DEFINITIONS.] The definitions in this
subdivision apply only to subdivision 6.
(a) "High school" means a secondary school that has pupils
enrolled in at least the 10th, 11th, and 12th grades. If there
is no secondary school in the district that has pupils enrolled
in at least the 10th, 11th, and 12th grades, the commissioner
shall designate one school in the district as a high school for
the purposes of this section.
(b) "Secondary average daily membership" means, for a
district that has only one high school, the average daily
membership of resident pupils in grades 7 through 12. For a
district that has more than one high school, "secondary average
daily membership" for each high school means the product of the
average daily membership of resident pupils in grades 7 through
12 in the high school, times the ratio of six to the number of
grades in the high school.
(c) "Attendance area" means the total surface area of the
district, in square miles, divided by the number of high schools
in the district.
(d) "Isolation index" for a high school means the square
root of one-half the attendance area plus the distance in miles,
according to the usually traveled routes, between the high
school and the nearest high school.
(e) "Qualifying high school" means a high school that has
an isolation index greater than 23 and that has secondary
average daily membership of less than 400.
(f) "Qualifying elementary school" means an elementary
school that is located 20 miles or more from the nearest
elementary school or from the nearest elementary school within
the district and, in either case, has an elementary average
daily membership of an average of 20 or fewer per grade.
(g) "Elementary average daily membership" means, for a
district that has only one elementary school, the average daily
membership of resident pupils in kindergarten through grade 6.
For a district that has more than one elementary school,
"average daily membership" for each school means the average
daily membership of kindergarten through grade 6 multiplied by
the ratio of seven to the number of grades in the elementary
school.
Sec. 9. Minnesota Statutes 1988, section 124A.22,
subdivision 6, is amended to read:
Subd. 6. [SECONDARY SPARSITY REVENUE.] A district's
secondary sparsity revenue for a school year equals the sum of
the results of the following calculation for each qualifying
high school in the district:
(1) the formula allowance for the school year, multiplied
by
(2) the secondary average daily membership of the high
school, multiplied by
(3) the quotient obtained by dividing 400 minus the
secondary average daily membership by 400 plus the secondary
daily membership, multiplied by
(4) the lesser of one or the quotient obtained by dividing
the isolation index minus 23 by ten.
Sec. 10. Minnesota Statutes 1988, section 124A.22, is
amended by adding a subdivision to read:
Subd. 6a. [ELEMENTARY SPARSITY REVENUE.] A district's
elementary sparsity revenue equals the sum of the following
amounts for each qualifying elementary school in the district:
(1) the formula allowance for the year, multiplied by
(2) the elementary average daily membership of the school,
multiplied by
(3) the quotient obtained by dividing 140 minus the
elementary average daily membership by 140 plus the average
daily membership.
Sec. 11. Minnesota Statutes 1988, section 124A.22,
subdivision 8, is amended to read:
Subd. 8. [SUPPLEMENTAL REVENUE.] If a district's minimum
allowance exceeds the sum of its basic revenue, compensatory
revenue, training and experience revenue, secondary sparsity
revenue, and elementary sparsity revenue per actual pupil unit
for a school year, the district shall receive supplemental
revenue equal to the amount of the excess times the actual pupil
units for the school year.
Sec. 12. Minnesota Statutes 1988, section 124A.22,
subdivision 9, is amended 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 $143 for fiscal year 1990 and $258 for subsequent
fiscal years.
Sec. 13. Minnesota Statutes 1988, section 124A.23,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX CAPACITY RATE.] The
commissioner of revenue shall establish the general education
tax capacity rate and certify it to the commissioner of
education by September 1 of each year for levies payable in the
following year. The general education tax capacity rate shall
be a rate, rounded up to the nearest tenth of a mill percent,
that, when applied to the adjusted gross tax capacity for all
districts, raises the amount specified in this subdivision. The
general education tax capacity rate for the 1990 fiscal year
shall be the rate that raises $1,100,580,000 $1,156,000,000 for
fiscal year 1991 and $1,213,800,000 for subsequent fiscal
years. The general education tax capacity rate certified by the
commissioner of revenue may not be changed due to changes or
corrections made to a district's adjusted gross tax capacity
after the tax capacity rate has been certified.
Sec. 14. [INSTRUCTIONS TO THE DEPARTMENT OF EDUCATION FOR
1989 LEVY LIMITS.]
Notwithstanding sections 2, 6, 8, 10, and 12, or any other
law to the contrary, the department shall determine for the
1989-1990 school year only, levies under Minnesota Statutes,
chapter 124A as they were authorized before the enactment of
this article.
Sec. 15. [CONVERSION OF EXISTING REFERENDUM LEVIES.]
The department of education shall convert the referendum
levy authority existing under Minnesota Statutes, section
124A.03, for 1988 taxes payable in 1989, for future years, as
follows:
The tax capacity rate equals the rate determined by
dividing the district's maximum levy under Minnesota Statutes,
section 124A.03, for 1988 taxes payable in 1989 by the
district's 1987 net tax capacity. A district's maximum levy for
all subsequent years for which the levy is authorized equals the
amount provided by the tax capacity rate applied to the net tax
capacity for the year preceding the year the levy is certified.
However, if a district's levy is limited to a dollar
amount, the maximum levy under Minnesota Statutes, section
124A.03, must not exceed the dollar amount.
Sec. 16. [ADDITIONAL CONVERSION PROCEDURES.]
For a referendum levy authorized after December 1, 1988,
and before the effective date of section 4, the department of
education shall convert the approved levy amount to the
appropriate net tax capacity rate. Levy amounts approved prior
to the effective date of this act are validated.
Sec. 17. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
general and supplemental education aid:
$1,222,815,000 ..... 1990
$1,293,366,000 ..... 1991
The 1990 appropriation includes $174,824,000 for 1989 and
$1,047,991,000 for 1990.
The 1991 appropriation includes $177,889,000 for 1990 and
$1,115,477,000 for 1991.
Subd. 3. [EXCEPTIONAL NEED AID.] For exceptional need aid
according to Minnesota Statutes, section 124.217:
$420,000 ..... 1990
$ 70,000 ..... 1991
The 1990 appropriation includes $23,000 for 1989 and
$397,000 for 1990.
The 1991 appropriation includes $70,000 for 1990 and $0 for
1991.
Sec. 18. [REPEALER.]
Minnesota Statutes 1988, section 124.217 is repealed July
1, 1990, and section 275.125, subdivision 6f, is repealed July
1, 1989.
ARTICLE 2
PUPIL TRANSPORTATION
Section 1. Minnesota Statutes 1988, section 123.39, is
amended by adding a subdivision to read:
Subd. 14. The board may provide transportation for a pupil
who is a custodial parent and that pupil's child between the
pupil's home and a child care provider and between the provider
and the school. The board shall establish criteria for
transportation it provides according to this subdivision.
Sec. 2. Minnesota Statutes 1988, 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: listed in this section.
(1) [TO AND FROM SCHOOL; BETWEEN SCHOOLS.] (a) State
transportation aid is authorized for 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 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 a pupil who are is a
custodial parents to and from parent and that pupil's child
between the pupil's home and the child care provider of child
care services for the pupil's child and between the provider and
the school, if the home and provider are within the attendance
area of the school the pupil attends;.
(b) For the purposes of this clause (1), a district may
designate a licensed day care facility or, respite care
facility, the residence of a relative, or the residence of a
person chosen by the pupil's parent or guardian 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;.
(c) State transportation aid is authorized for
transportation to and from school of an elementary pupil who
moves during the school year within an area designated by the
district as a mobility zone, but only for the remainder of the
school year. The attendance areas of schools in a mobility zone
must be contiguous. To be in a mobility zone, a school must
meet both of the following requirements:
(i) more than 50 percent of the pupils enrolled in the
school are eligible for free or reduced school lunch; and
(ii) the pupil withdrawal rate for the last year is more
than 12 percent.
(d) A pupil withdrawal rate is determined by dividing:
(i) the sum of the number of pupils who withdraw from the
school, during the school year, and the number of pupils
enrolled in the school as a result of transportation provided
under this paragraph, by
(ii) the number of pupils enrolled in the school.
(e) The district may establish eligibility requirements for
individual pupils to receive transportation in the mobility zone.
(2) [OUTSIDE DISTRICT.] State transportation aid is
authorized for 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.] State transportation
aid is authorized for 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.] State transportation aid is authorized
for 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 or a respite
care facility 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 or a respite
care facility 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.] State
transportation aid is authorized for, when necessary, board and
lodging for nonresident handicapped pupils in a district
maintaining special classes;.
(6) [SHARED TIME.] State transportation aid is authorized
for transportation from one educational facility to another
within the district for resident pupils enrolled on a shared
time basis in educational programs, 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.] State transportation aid
is authorized for 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.] State transportation
aid is authorized for services described in clauses (1) to (7),
(9), and (10) when provided in conjunction with a summer program
that meets the requirements of section 124A.27, subdivision 9;.
(9) [COOPERATIVE ACADEMIC AND VOCATIONAL.] State
transportation aid is authorized for transportation to, from or
between educational facilities located in any of two or more
school districts jointly offering academic classes or secondary
vocational classes not provided at a secondary vocational center
for resident pupils of any of these districts; and.
(10) [NONPUBLIC SUPPORT SERVICES.] State transportation
aid is authorized for 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. 3. Minnesota Statutes 1988, section 124.225, is
amended to read:
124.225 [TRANSPORTATION AID ENTITLEMENT.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the terms defined in this subdivision have the meanings
given to them.
(a) "FTE" means a transported full-time equivalent pupil
whose transportation is authorized for aid purposes by section
124.223.
(b) "Authorized cost for regular transportation" means the
sum of:
(1) all expenditures for transportation in the regular
category, as defined in clause paragraph (e), clause (1), for
which aid is authorized in section 124.223, plus
(2) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a
straight line basis at the rate of 12-1/2 percent per year of
the cost of the fleet, plus
(3) an amount equal to one year's depreciation on district
school buses reconditioned by the department of corrections
computed on a straight line basis at the rate of 33-1/3 percent
per year of the cost to the district of the reconditioning, plus
(4) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section
169.44, subdivision 15, which were purchased after July 1, 1982,
for authorized transportation of pupils, with the prior approval
of the commissioner, computed on a straight line basis at the
rate of 20 percent per year of the cost of the type three school
buses.
(c) "Adjusted authorized predicted cost per FTE" means the
authorized cost predicted by a multiple regression formula
determined by the department of education, and adjusted pursuant
to subdivision 7a.
(d) "Aid entitlement per FTE Regular transportation
allowance" for the 1989-1990 school year means the adjusted
authorized predicted cost per FTE, inflated pursuant to
subdivision 7b.
(e) For purposes of this section, "transportation category"
means a category of transportation service provided to pupils.:
(1) For the purposes of this section, transportation
categories for the 1986-1987 and 1987-1988 school years are as
follows:
(i) regular transportation is transportation services
provided during the regular school year under section 124.223,
clauses (1) and (2), excluding transportation between schools
under section 124.223, clause (1); and
(ii) nonregular transportation is transportation services
provided between schools under section 124.223, clause (1); and
transportation services provided under section 124.223, clauses
(3), (4), (5), (6), (7), (8), (9), and (10).
(2) For purposes of this section, for the 1988-1989 school
year and after:
(i) (1) regular transportation is transportation services
provided during the regular school year under section 124.223,
clauses (1) and (2), excluding the following transportation
services provided under section 124.223, clause (1):
transportation between schools; noon transportation to and from
school for kindergarten pupils attending half-day sessions; late
transportation home from school for pupils involved in after
school activities; transportation of pupils to and from schools
located outside their normal attendance areas under the
provisions of a plan for desegregation mandated by the state
board of education or under court order; and transportation of
elementary pupils to and from school within a mobility zone;
(ii) (2) nonregular transportation is transportation
services provided under section 124.223, clause (1), that are
excluded from the regular category, and transportation services
provided under section 124.223, clauses (3), (4), (5), (6), (7),
(8), (9), and (10).;
(3) excess transportation is transportation to and from
school for secondary pupils residing at least one mile but less
than two miles from the public school they could attend or from
the nonpublic school actually attended, and transportation to
and from school for pupils residing less than one mile from
school who are transported because of extraordinary traffic
hazards; and
(4) desegregation transportation is transportation of
pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the
state board or under court order.
(f) "Mobile unit" means a vehicle or trailer designed to
provide facilities for educational programs and services,
including diagnostic testing, guidance and counseling services,
and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123.932,
subdivision 9.
(g) "Current year" means the school year for which aid will
be paid.
(h) "Base year" means the second school year preceding the
school year for which aid will be paid.
(i) "Base cost" for the 1984-1985 and 1985-1986 base years
means the authorized regular transportation cost per FTE in the
base year in the regular transportation category, excluding
summer school transportation. Base cost for the 1986-1987 and
1987-1988 base year and after years means the ratio of:
(1) the sum of:
(i) the authorized cost in the base year for regular
transportation as defined in clause (b), plus
(ii) the actual cost in the base year for excess
transportation to and from school of secondary pupils who live
more than one mile but less than two miles from the public
school that they could attend or from the nonpublic school
actually attended, plus
(iii) the actual cost in the base year for transportation
costs which are necessary because of extraordinary traffic
hazards as defined in paragraph (e), clause (3),
(2) to the sum of:
(i) the number of FTE pupils transported in the regular
category in the base year, plus
(ii) the number of secondary FTE pupils transported to and
from school in the base year who live more than one mile but
less than two miles from the public school that they could
attend or from the nonpublic school actually attended, plus
(iii) the number of FTE pupils residing less than one mile
from school who were transported to and from school in the base
year because of extraordinary traffic hazards in the excess
category in the base year.
(j) Base cost for the 1988-1989 base year and later years
means the ratio of:
(1) the sum of the authorized cost in the base year for
regular transportation as defined in clause (b) plus the actual
cost in the base year for excess transportation as defined in
clause (e);
(2) to the sum of the number of weighted FTE pupils
transported in the regular and excess categories in the base
year.
(k) "Predicted base cost" for the 1986-1987 and 1987-1988
base years means the base cost as predicted by subdivision 3.
(l) "Predicted base cost" for the 1988-1989 base year and
later years means the predicted base cost as computed in
subdivision 3a.
(m) "Pupil weighting factor" for the excess transportation
category for a school district means the lesser of one, or the
result of the following computation:
(1) divide the square mile area of the school district by
the number of FTE pupils transported in the regular and excess
categories in the base year;
(2) raise the result in clause (1) to the one-fifth power;
(3) divide four-tenths by the result in clause (2).
The pupil weighting factor for the regular transportation
category is one.
(n) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(o) "Sparsity index" for a school district means the
greater of .005 or the ratio of the square mile area of the
school district to the sum of the number of weighted FTE's
transported by the district in the regular and excess categories
in the base year.
(p) "Density index" for a school district means the greater
of one or the result obtained by subtracting the product of the
district's sparsity index times 20 from two.
(q) "Contract transportation index" for a school district
means the greater of one or the result of the following
computation:
(1) multiply the district's sparsity index by 20;
(2) select the greater of one or the result in clause (1);
(3) multiply the district's percentage of regular FTE's
transported using vehicles that are not owned by the school
district by the result in clause (2).
(r) "Adjusted predicted base cost" for the 1988-1989 base
year and after means the predicted base cost as computed in
subdivision 3a as adjusted under subdivision 7a.
(s) "Regular transportation allowance" for the 1990-1991
school year and after means the adjusted predicted base cost,
inflated and adjusted under subdivision 7b.
(t) "Minimum regular transportation allowance" for the
1990-1991 school year and after means the result of the
following computation:
(1) compute the sum of the district's basic transportation
aid for the 1989-1990 school year according to subdivision 8a
and the district's excess transportation levy for the 1989-1990
school year according to section 275.125, subdivision 5e, clause
(a);
(2) divide the result in clause (1) by the sum of the
number of weighted FTE's transported by the district in the
regular and excess transportation categories in the 1989-1990
school year;
(3) select the lesser of the result in clause (2) or the
district's base cost for the 1989-1990 base year according to
paragraph (j).
Subd. 3. [FORMULA.] For each school year, the state shall
pay to each school district for all pupil transportation and
related services for which the district is authorized by law to
receive state aid an amount determined according to this
section. The department of education shall conduct multiple
regression analysis using the terms specified in subdivision 4b
for each school year the 1986-1987 and 1987-1988 base years to
predict the base cost for each district. Each year The
department shall use a formula shall be derived based upon the
regression analysis, and shall be used to determine a predicted
base cost for each district. The amount determined for each
district shall be adjusted according to the provisions of
subdivisions 7a and 7b.
Subd. 3a. [PREDICTED BASE COST.] A district's predicted
base cost for the 1988-1989 base year and later years equals the
result of the following computation:
(a) Multiply the transportation formula allowance by the
district's sparsity index raised to the one-fourth power. The
transportation formula allowance is $406 for the 1988-1989 base
year.
(b) Multiply the result in clause (a) by the district's
density index raised to the 35/100 power.
(c) Multiply the result in clause (b) by the district's
contract transportation index raised to the 1/20 power.
Subd. 4b. [FORMULA TERMS.] (a) To predict the logarithm of
the base cost for each district pursuant to subdivision 3 for
the 1985-1986 base year, the multiple regression formula shall
use the following terms for each district:
(1) the logarithm of the lesser of (a) the number of
authorized FTE's per square mile transported by the district in
the regular transportation category, or (b) 200;
(2) whether the district is nonrural, based upon criteria
established by the department of education; and
(3) the logarithm of the percentage of all FTE's
transported in the regular category using buses that are not
owned by the district.
(b) To predict the logarithm of the base cost for each
district according to subdivision 3 for the 1986-1987 and
1987-1988 base year and thereafter, years the multiple
regression formula shall use the following terms for each
district:
(1) the logarithm of the lesser of:
(A) 200; or
(B) the quotient obtained by dividing the sum of:
(i) the number of FTE pupils transported in the regular
category in the base year, plus
(ii) the number of secondary FTE pupils transported to and
from school in the base year who live more than one mile but
less than two miles from the public school that they could
attend or from the nonpublic school actually attended, plus
(iii) the number of FTE pupils residing less than one mile
from school who were transported to and from school in the base
year because of extraordinary traffic hazards in the excess
category in the base year,
(C) by the area of the district in square miles;
(2) whether the district is nonrural, based upon criteria
established by the department of education; and
(3) the logarithm of the percentage of all FTE's
transported in the regular category using buses that are not
owned by the district.
Subd. 7a. [BASE YEAR SOFTENING FORMULA.] Each district's
predicted base cost determined for each school year the
1986-1987 and 1987-1988 base years according to subdivision 3
shall be adjusted as provided in this clause subdivision to
determine the district's adjusted authorized predicted cost per
FTE for that year.
(a) If the base cost of the district is within five percent
of the predicted base cost, the district's adjusted authorized
predicted cost per FTE shall be equal to the base cost.
(b) If the base cost of the district is more than five
percent greater than the predicted base cost, the district's
adjusted authorized predicted cost per FTE shall be equal to 105
percent of the predicted base cost, plus 40 percent of the
difference between (i) the base cost, and (ii) 105 percent of
the predicted base cost. However, in no case shall a district's
adjusted authorized predicted cost per FTE be less than 80
percent of base cost.
(c) If the base cost of the district is more than five
percent less than the predicted base cost, the district's
adjusted authorized predicted cost per FTE shall be equal to 95
percent of the predicted base cost, minus 40 percent of the
difference between (i) 95 percent of predicted base cost, and
(ii) the base cost. However, in no case shall a district's
adjusted authorized predicted cost per FTE be more than 120
percent of base cost.
(d) For the 1988-1989 base year and later years, each
district's predicted base cost determined according to
subdivision 3a must be adjusted as provided in this subdivision
to determine the district's adjusted predicted base cost for
that year. The adjusted predicted base cost equals 50 percent
of the district's base cost plus 50 percent of the district's
predicted base cost, but the adjusted predicted base cost cannot
be less than 80 percent, nor more than 110 percent, of the base
cost.
Subd. 7b. [INFLATION FACTORS.] The adjusted authorized
predicted cost per FTE determined for a district under
subdivision 7a for the base year shall be increased by 6.0
percent to determine the district's aid entitlement per FTE for
the 1986-1987 school year, by 4.9 percent to determine the
district's aid entitlement per FTE for the 1987-1988 school
year, and by 4.1 percent to determine the district's aid
entitlement per FTE for the 1988-1989 school year. and by 5.8
percent to determine the district's regular transportation
allowance for the 1989-1990 school year. The adjusted predicted
base cost determined for a district under subdivision 7a for the
base year must be increased by 5.4 percent to determine the
district's regular transportation allowance for the 1990-1991
school year, but the regular transportation allowance for a
district cannot be less than the district's minimum regular
transportation allowance according to subdivision 1, paragraph
(t).
Subd. 7c. [TRANSPORTATION REVENUE.] Beginning in the
1990-1991 school year, the transportation revenue for each
district equals the sum of the district's regular transportation
revenue and the district's nonregular transportation revenue.
(a) The regular transportation revenue for each district
equals the district's regular transportation allowance according
to subdivision 7b times the sum of the number of FTE's
transported by the district in the regular and desegregation
categories in the current school year.
(b) The nonregular transportation revenue for each district
equals the district's actual cost in the current school year for
nonregular transportation services, minus the amount of regular
transportation revenue attributable to FTE's transported in the
desegregation category in the current school year.
Subd. 8a. [TRANSPORTATION AID.] (a) For the 1988-1989
school year and thereafter 1989-1990 school years, 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.
(b) For 1990-1991 and later school years, a district's
transportation aid equals the product of:
(1) the difference between the transportation revenue and
the sum of:
(i) the maximum basic transportation levy for that school
year under section 275.125, subdivision 5, plus
(ii) the maximum nonregular transportation levy for that
school year under section 275.125, subdivision 5c, plus
(iii) the contracted services aid reduction under
subdivision 8k,
(2) times the ratio of the sum of the actual amounts levied
under section 275.125, subdivisions 5 and 5c, to the sum of the
maximum levies under section 275.125, subdivisions 5 and 5c.
(c) 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
transportation levy of off-formula districts in the same
proportion.
Subd. 8b. [BASIC AID COMPUTATION.] A district's basic
transportation aid pursuant to this section for each school year
the 1988-1989 and 1989-1990 school years shall equal the
district's aid entitlement per FTE determined according to
subdivision 7b, times the total number of authorized FTE's
transported in the regular category in the district in
the current school year.
Subd. 8i. [NONREGULAR TRANSPORTATION AID.] (a) A
district's nonregular transportation aid shall be determined
according to this subdivision.
(b) For the 1986-1987 and 1987-1988 school years,
nonregular transportation aid shall equal (1) 20 percent of the
first $10 of actual cost in the current year for nonregular
transportation services per total pupil unit, plus 40 percent of
the next $10 of actual cost in the current year for nonregular
transportation services per total pupil unit, plus 60 percent of
the actual cost in the current year for nonregular
transportation services per total pupil unit which exceeds $20,
times (2) the number of total pupil units in the district in the
current year.
(c) For the 1988-1989 and 1989-1990 school year and
thereafter years, nonregular transportation aid equals (1) 60
percent of the actual cost in the current year for nonregular
transportation services per total pupil unit which exceeds $30,
times (2) the number of total pupil units in the district in the
current year.
Subd. 8j. [NONREGULAR TRANSPORTATION LEVY EQUALIZATION
AID.] For the 1984-1985 school year and each year
thereafter 1988-1989 and 1989-1990 school years, a district's
nonregular transportation levy equalization aid shall be
determined pursuant to this subdivision.
(a) Unreimbursed nonregular transportation revenue shall
equal the actual cost in the current school year for nonregular
transportation services, minus the district's nonregular
transportation aid computed pursuant to subdivision 8i.
(b) The nonregular transportation levy is the levy
authorized by section 275.125, subdivision 5c.
(c) Nonregular transportation levy equalization aid for a
district shall equal the product of (1) its unreimbursed
nonregular transportation revenue, minus the nonregular
transportation levy limitation for that year, times (2) the
ratio of the district's actual nonregular transportation levy to
its nonregular transportation levy limitation.
Subd. 8k. [CONTRACTED SERVICES AID REDUCTION.] (a) For the
1984-1985 school year and each year thereafter, each district's
transportation aid shall be reduced according to the provisions
of this subdivision, if the district contracted for some or all
of the transportation services provided in the regular category.
(b) For the 1988-1989 and 1989-1990 school years, the
department of education shall compute this subtraction by
conducting the multiple regression analysis specified in
subdivision 3 and computing the district's aid under two
circumstances, once including the coefficient of the factor
specified in subdivision 4b, clause (3), and once excluding the
coefficient of that factor. The aid subtraction shall equal the
difference between the district's aid computed under these two
circumstances.
(c) For 1990-1991 and later school years, the department of
education shall determine the subtraction by computing the
district's regular transportation revenue under two
circumstances, once including the factor specified in
subdivision 3a, clause (c), and once excluding the factor. The
aid subtraction equals the difference between the district's
revenue computed under the two circumstances.
Subd. 8l. [ALTERNATIVE ATTENDANCE PROGRAMS.] A district
that serves enrolls nonresident pupils in programs under
sections 120.062, 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 nonresident district
according to this section. The resident district of the pupil's
residence need not provide or pay for transportation between the
pupil's residence and the district's border.
Subd. 9. [DISTRICT REPORTS.] Each district shall report
data to the department as required by the department to
implement the transportation aid formula. If a district's final
transportation aid payment is adjusted after the final aid
payment has been made to all districts, the adjustment shall be
made by increasing or decreasing the district's aid for the next
fiscal year.
Subd. 10. [DEPRECIATION.] Any school district which that
owns school buses or mobile units shall transfer annually from
the undesignated fund balance account in its transportation fund
to the reserved fund balance account for bus purchases in its
transportation fund at least an amount equal to 12-1/2 percent
of the original cost of each type one or type two bus or mobile
unit until the original cost of each type one or type two bus or
mobile unit is fully amortized, plus 20 percent of the original
cost of each type three bus included in the district's
authorized cost under the provisions of subdivision 1, clause
paragraph (b), clause (4), until the original cost of each type
three bus is fully amortized, plus 33-1/3 percent of the cost to
the district as of July 1 of each year for school bus
reconditioning done by the department of corrections until the
cost of the reconditioning is fully amortized; provided, if the
district's transportation aid or levy is reduced pursuant to
subdivision 8a because the appropriation for that year is
insufficient, this amount shall be reduced in proportion to the
reduction pursuant to subdivision 8a as a percentage of the sum
of
(1) the district's total transportation aid without the
reduction pursuant to subdivision 8a, plus
(2) the district's basic transportation levy limitation
under section 275.125, subdivision 5, plus
(3) the district's contract services aid reduction under
subdivision 8k, plus
(4) the district's nonregular transportation levy
limitation under section 275.125, subdivision 5c district's
transportation revenue under subdivision 7c.
Sec. 4. Minnesota Statutes 1988, 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 tax
capacity rate times the adjusted gross tax capacity of the
district for the preceding year. The commissioner of revenue
shall establish the basic transportation tax capacity rate and
certify it to the commissioner of education by September 1 of
each year for levies payable in the following year. The basic
transportation tax capacity rate shall be a rate, rounded up to
the nearest hundredth of a mill percent, that, when applied to
the adjusted gross tax capacity of taxable property for all
districts, raises the amount specified in this subdivision. The
basic transportation tax capacity rate for transportation for
the 1990 fiscal year shall be the rate that
raises $72,681,200 $82,063,200 for fiscal year 1991 and
$86,166,400 for subsequent fiscal years. The basic
transportation tax capacity rate certified by the commissioner
of revenue must not be changed due to changes or corrections
made to a district's adjusted gross tax capacity after the tax
capacity rate has been certified.
Sec. 5. Minnesota Statutes 1988, section 275.125,
subdivision 5b, is amended to read:
Subd. 5b. [TRANSPORTATION LEVY OFF-FORMULA ADJUSTMENT.]
(a) In any the 1989 and 1990 fiscal year years, if the basic
transportation levy under subdivision 5 in a district
attributable to a particular the fiscal year exceeds the
transportation aid computation under section 124.225,
subdivisions 8b, 8i, 8j, and 8k, the district's levy limitation
shall be adjusted as provided in this subdivision. In the year
following each next fiscal year, the district's transportation
levy shall be reduced by an amount equal to the difference
between (1) the amount of the basic transportation levy under
subdivision 5, and (2) the sum of the district's transportation
aid computation pursuant to section 124.225, subdivisions 8b,
8i, 8j, and 8k, and the amount of any subtraction made from
special state aids pursuant to section 124.2138, subdivision 2,
less the amount of any aid reduction due to an insufficient
appropriation as provided in section 124.225, subdivision 8a.
(b) For 1991 and later fiscal years, in a district if the
basic transportation levy under subdivision 5 attributable to
that fiscal year is more than the difference between (1) the
district's transportation revenue under section 124.225,
subdivision 7c, and (2) the sum of the district's maximum
nonregular levy under subdivision 5c and the district's
contracted services aid reduction under section 124.225,
subdivision 8k, and the amount of any reduction due to
insufficient appropriation under section 124.225, subdivision
8a, the district's transportation levy in the next fiscal year
must be reduced by the amount of the excess.
Sec. 6. Minnesota Statutes 1988, section 275.125,
subdivision 5c, is amended to read:
Subd. 5c. [NONREGULAR TRANSPORTATION LEVY.] A school
district may also make a levy for unreimbursed nonregular
transportation costs pursuant to this subdivision. The amount
of the levy shall not exceed the product of:
(a) the district's unreimbursed nonregular transportation
revenue determined pursuant to section 124.225, subdivision 8j,
clause (a), times
(b) the lesser of
(i) one, or
(ii) the ratio of the district's adjusted gross tax
capacity for the preceding year per total pupil unit in the
school year to which the levy is attributable, to $83,800. be
the result of the following computation:
(a) multiply
(1) the amount of the district's nonregular transportation
revenue under section 124.225, subdivision 7c that is more than
the product of $30 times the district's actual pupil units, by
(2) 60 percent;
(b) subtract the result in clause (a) from the district's
total nonregular transportation revenue;
(c) multiply the result in clause (b) by the lesser of one
or the ratio of (i) the quotient derived by dividing the
adjusted gross tax capacity of the district for the year before
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 (ii) $9,722.
Sec. 7. Minnesota Statutes 1988, section 275.125,
subdivision 5e, is amended to read:
Subd. 5e. [EXCESS TRANSPORTATION LEVY.] A school district
may make a levy for excess transportation costs according to
this subdivision. The amount of the levy shall be the result of
the following computation:
(a) Multiply the lesser of (1) the regular transportation
allowance for the fiscal year to which the levy is attributable,
or (2) the base cost computed using data for the current
school fiscal year according to section 124.225, subdivision 1,
paragraph (i) to which the levy is attributable, by the sum of
the number of secondary FTE pupils transported to and from
school in the current year who live more than one mile but less
than two miles from the public school which they could attend or
the nonpublic school actually attended, plus the number of FTE
pupils residing less than one mile from school who were
transported to and from school in the current year due to
extraordinary traffic hazards number of weighted FTE pupils
transported in the excess category in the district in the
current school year.
(b) Add to the result in paragraph (a) the actual cost in
the current fiscal year to which the levy is attributable of
other related services that are necessary because of
extraordinary traffic hazards.
Sec. 8. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [TRANSPORTATION AID.] For transportation aid
under Minnesota Statutes, section 124.225:
$91,979,000 ..... 1990
$99,265,000 ..... 1991
The 1990 appropriation includes $12,773,000 for 1989 and
$79,206,000 for 1990.
The 1991 appropriation includes $13,978,000 for 1990 and
$85,287,000 for 1991.
Subd. 3. [TRANSPORTATION AID FOR POST-SECONDARY ENROLLMENT
OPTIONS.] For transportation of pupils attending post-secondary
institutions according to Minnesota Statutes, section 123.3514:
$50,000 ..... 1990
$50,000 ..... 1991
Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
transportation of pupils attending nonresident districts
according to Minnesota Statutes, section 120.0621 or section
123.3515:
$50,000 ..... 1990
$50,000 ..... 1991
Sec. 9. [SECTIONS NOT EFFECTIVE.]
The amendments to Minnesota Statutes 1988, section 124.225,
made by Laws 1989, chapter 222, section 14, if enacted, are not
effective.
The amendments to Minnesota Statutes 1988, section 275.125,
subdivision 5b, made by Laws 1989, chapter 222, section 32, if
enacted, are not effective.
The amendments to Minnesota Statutes 1988, section 275.125,
subdivision 5c, made by Laws 1989, chapter 222, section 33, if
enacted, are not effective.
The amendments to Minnesota Statutes 1988, section 275.125,
subdivision 5e, made by Laws 1989, chapter 222, section 34, if
enacted, are not effective.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1988, section 120.17,
subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] The state board shall
promulgate rules relative to qualifications of essential
personnel, courses of study, methods of instruction, pupil
eligibility, size of classes, rooms, equipment, supervision,
parent consultation, and any other rules it deems necessary for
instruction of handicapped children. These rules shall provide
standards and procedures appropriate for the implementation of
and within the limitations of subdivisions 3a and 3b. These
rules shall also provide standards for the discipline, control,
management and protection of handicapped children. The state
board shall not adopt rules for pupils served in level 1, 2, or
3, as defined in Minnesota Rules, part 3525.2340, establishing
either case loads or the maximum number of pupils that may be
assigned to special education teachers. The state board, in
consultation with the departments of health and human services,
shall adopt permanent rules for instruction and services for
children under age five and their families. Until June 30,
1988, a developmental achievement center under contract to a
school district to provide special instruction and services is
eligible for variance from rules relating to personnel
licensure. Until June 30, 1988, the licensure variance for a
developmental achievement center shall be granted according to
the same procedures and criteria used for granting a variance to
a school district. The state board shall adopt rules to
determine eligibility for special education services. The rules
shall include procedures and standards by which to grant
variances for experimental eligibility criteria. The state
board shall, according to section 14.05, subdivision 4, notify a
district applying for a variance from the rules within 45
calendar days of receiving the request whether the request for
the variance has been granted or denied. If a request is
denied, the board shall specify the program standards used to
evaluate the request and the reasons for denying the request.
Sec. 2. Minnesota Statutes 1988, 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 by and in the school district where the child
resides responsible for assuring that an appropriate program is
provided in accordance with state board rules, 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 30
calendar days of receipt of that written decision, by the
parent, guardian, or the school board of the district where the
child resides responsible for assuring that an appropriate
program is provided in accordance with state board rules.
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, a resident
district, and providing district shall receive notice of and may
be a party to any hearings or appeals pursuant to under this
subdivision.
Sec. 3. Minnesota Statutes 1988, section 120.17,
subdivision 11a, is amended to read:
Subd. 11a. [STATE INTERAGENCY COORDINATING COUNCIL.] An
interagency coordinating council of 15 members is established.
The members and the chair shall be appointed by the governor.
The council shall be composed of at least three parents of
handicapped children under age seven with handicaps, a
representative of each of the commissioners of education,
health, and human services, three representatives of public or
private providers of services for handicapped children under age
five with handicaps, one member of the senate, one member of the
house of representatives, one representative of teacher
preparation programs in early childhood-special education, at
least one representative of advocacy organizations
for handicapped children with handicaps, at least one
representative of a school district or a school district
cooperative, and other members knowledgeable about handicapped
children under age five with handicaps. Section 15.059,
subdivisions 2 to 5, apply to the council. The council shall
meet at least quarterly. A representative of each of the
commissioners of education, health, and human services shall
attend council meetings as a nonvoting member of the council.
The council shall address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for handicapped children with handicaps
and their families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for handicapped children under age five
with handicaps and their families. The policies must address
how to incorporate each agency's services into a unified state
and local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.
It is the joint responsibility of county boards and school
districts to coordinate, provide, and pay for appropriate
services, and to facilitate payment for services from public and
private sources. Appropriate services must be determined in
consultation with parents, physicians, and other educational,
medical, health, and human services providers. Appropriate
services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology,
psychological services, case management, medical services for
diagnostic and evaluation purposes, early identification, and
screening, assessment, and health services necessary to enable
handicapped children with handicaps to benefit from early
intervention services. School districts must be the primary
agency in this cooperative effort.
Each year by January 15 the council shall submit its
recommendations to the education committees of the legislature,
the governor, and the commissioners of education, health, and
human services.
Sec. 4. Minnesota Statutes 1988, section 124.273,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION DATES.] (a) To obtain aid for
limited English proficiency programs, a district shall submit an
initial application for aid by October 15 and shall submit an
amended application by February 15 or by June 15 if the number
of enrolled pupils of limited English proficiency has changed
since filing a previous application. Districts which do not
submit an initial application by October 15 but enroll pupils of
limited English proficiency after that date may submit an
initial application by February 15 or by June 15. A final
report with actual salary and enrollment information shall be
submitted by August 15 for calculation of the final payment
information required by the department to implement this section.
(b) All applications shall be submitted to the department
in the manner prescribed by the commissioner. Each application
shall include (1) the number of pupils or additional pupils
enrolled who meet the criteria in section 126.262, subdivision
2; (2) the number, dates of hire, full time equivalency, and
salaries of essential licensed personnel or additional essential
licensed personnel employed in the district's educational
program for pupils of limited English proficiency who meet the
criteria in section 126.262, subdivision 3; and (3) any other
information deemed necessary by the commissioner to implement
this section. School districts may submit joint applications
for aid pursuant to this section and may share essential
instructional personnel employed in educational programs for
pupils of limited English proficiency.
Sec. 5. Minnesota Statutes 1988, section 124.273,
subdivision 5, is amended to read:
Subd. 5. [NOTIFICATION; AID PAYMENTS.] The department
shall must promptly inform each applicant district of the amount
of aid it will receive pursuant to this section within a month
after the application deadline.
Sec. 6. [124.311] [ASSURANCE OF MASTERY REVENUE.]
Subdivision 1. [INSTRUCTION IN REGULAR CLASSROOM.] A
school district may receive assurance of mastery revenue to
provide direct instructional services to eligible pupils in the
pupils' regular classroom.
Subd. 2. [ELIGIBLE DISTRICTS.] To be eligible to receive
assurance of mastery revenue, a district must have a policy
adopted according to section 126.67, subdivision 3a, that
identifies the direct instructional services to be used to
assure that individual pupils master the learner outcomes in
communications and mathematics.
Subd. 3. [ELIGIBLE PUPILS.] A pupil is eligible to receive
services provided with assurance of mastery revenue if the pupil
has not demonstrated mastery of learner outcomes in
communications or mathematics, or both, after receiving
instruction that was designed to enable the pupil to master the
learner outcomes in a regular classroom setting. To determine
pupil eligibility, a district must use the learner outcomes and
the evaluation process, adopted by the school board under
section 126.666, subdivision 1, clauses (2) and (3), for the
subjects and at the grade level at which the district uses the
revenue.
Subd. 4. [ELIGIBLE SERVICES.] Assurance of mastery revenue
must be used to provide direct instructional services to an
eligible pupil, or group of eligible pupils, under the following
conditions:
(a) Instruction may be provided at one or more grade levels
from kindergarten through grade eight.
(b) Instruction must be provided in the usual and customary
classroom of the eligible pupil.
(c) Instruction must be provided under the supervision of
the eligible pupil's regular classroom teacher. Instruction may
be provided by the eligible pupil's classroom teacher, by
another teacher, by a team of teachers, or by an education
assistant or aide. A special education teacher may provide
instruction, but instruction that is provided under this section
is not eligible for aid under section 124.32.
(d) The instruction that is provided must differ from the
initial instruction the pupil received in the regular classroom
setting. The instruction may differ by presenting different
curriculum than was initially presented in the regular
classroom, or by presenting the same curriculum:
(1) at a different rate or in a different sequence than it
was initially presented;
(2) using different teaching methods or techniques than
were used initially; or
(3) using different instructional materials than were used
initially.
Subd. 5. [REVENUE AMOUNT.] Assurance of mastery revenue is
the sum of state and district money. The sum may equal up to
$45 for fiscal year 1991 and thereafter times the number of
actual pupil units in kindergarten through grade eight in the
district. The district shall determine the amount of money it
will provide and the state shall provide an equal amount of
money.
Subd. 6. [USES OF REVENUE.] Assurance of mastery revenue
may be used only to provide eligible services to eligible pupils.
Subd. 7. [DISTRICT REPORT.] A district that receives
assurance of mastery revenue shall include the following in the
report required by section 126.666, subdivision 4:
(a) A summary of initial assessment results used to
determine pupil eligibility to receive instructional services
must be included. The summary must include:
(1) a description of the assessment device used;
(2) the number of pupils who were assessed; and
(3) the number of pupils who were determined to be eligible
to receive services.
(b) A description of the services provided to eligible
pupils must be included.
(c) A summary of assessment results for eligible pupils
obtained after providing the services must be included.
Sec. 7. Minnesota Statutes 1988, section 124.32,
subdivision 1b, is amended to read:
Subd. 1b. [TEACHERS SALARIES.] Each year the state shall
pay to a district a portion of the salary of each essential
person employed in the district's program for handicapped
children during the regular school year, whether the person is
employed by one or more districts. The portion for a full-time
person shall be an amount not to exceed the lesser of 66 60
percent of the salary or $18,400 $16,727. The portion for a
part-time or limited-time person shall be an amount not to
exceed the lesser of 66 60 percent of the salary or the product
of $18,400 $16,727 times the ratio of the person's actual
employment to full-time employment.
Sec. 8. Minnesota Statutes 1988, section 124.573,
subdivision 2, is amended to read:
Subd. 2. [SALARIES AND TRAVEL LIMIT.] The eligible
expenses for secondary vocational aid are: (1) the salaries
paid to essential, licensed personnel in that school year for
services rendered in that district's or center's approved
secondary vocational education programs; (2) the costs of
necessary travel between instructional sites by secondary
vocational education teachers; and (3) the costs of necessary
travel by secondary vocational education teachers accompanying
students to and from vocational student organization meetings
held within the state for educational purposes. The state shall
pay to any district or cooperative center 41.5 percent of the
eligible expenses incurred in an approved secondary vocational
program for the 1986-1987 school year. The state shall pay to
any district or cooperative center 39 percent of the eligible
expenses incurred in an approved secondary vocational program
for the 1987-1988 school year. The commissioner may withhold
all or any portion of this the aid paid under this section for a
secondary vocational education program which receives funds from
any other source. In no event shall a district or center
receive a total amount of state aid pursuant to this section
which, when added to funds from other sources, will provide the
program an amount for salaries and travel which exceeds 100
percent of the amount of its expenditures for salaries and
travel in the program.
Sec. 9. Minnesota Statutes 1988, section 124.573,
subdivision 2b, is amended to read:
Subd. 2b. [SECONDARY VOCATIONAL AID.] For 1988-1989
1989-1990 and later school years, a district's or cooperative
center's "secondary vocational aid" for secondary vocational
education programs for a school year equals the sum of the
following amounts for each program:
(a) the greater of zero, or 75 percent of the difference
between:
(1) the salaries paid to essential, licensed personnel in
that school year for services rendered in that district's or
cooperative center's approved secondary vocational education
programs program, and
(2) 50 percent of the general education revenue
attributable to secondary pupils for the number of hours that
the pupils are enrolled in secondary vocational courses that
program; and
(b) 30 percent of approved expenditures for the following:
(1) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under section 124.573, subdivision 3a;
(2) necessary travel between instructional sites by
licensed secondary vocational education personnel;
(3) necessary travel by licensed secondary vocational
education personnel for vocational student organization
activities held within the state for instructional purposes;
(4) curriculum development activities that are part of a
five-year plan for improvement based on program assessment;
(5) necessary travel by licensed secondary vocational
education personnel for noncollegiate credit bearing
professional development; and
(6) specialized vocational instructional supplies.
Sec. 10. Minnesota Statutes 1988, section 124.573, is
amended by adding a subdivision to read:
Subd. 2d. [ADMINISTRATION.] In making the computation in
subdivision 2b, paragraph (a), clause (1), the salaries of the
administrator and support service facilitator must be
apportioned among programs based on the number of
full-time-equivalent instructors in each program.
Sec. 11. Minnesota Statutes 1988, section 124.573, is
amended by adding a subdivision to read:
Subd. 5a. [DISTRICT REPORTS.] Each district or cooperative
center shall report data to the department for all secondary
vocational education programs as required by the department to
implement the secondary vocational aid formula.
Sec. 12. Minnesota Statutes 1988, section 124.574,
subdivision 2b, is amended to read:
Subd. 2b. [SALARIES.] Each year the state shall pay to any
district or cooperative center a portion of the salary of each
essential licensed person employed during that school year for
services rendered in that district or center's secondary
vocational education programs for handicapped children. The
portion for a full-time person shall be an amount not to exceed
the lesser of 66 60 percent of the salary or $18,400 $16,727.
The portion for a part-time or limited-time person shall be the
lesser of 66 60 percent of the salary or the product
of $18,400 $16,727 times the ratio of the person's actual
employment to full-time employment.
Sec. 13. Minnesota Statutes 1988, section 124.574,
subdivision 4, is amended to read:
Subd. 4. [AID FOR CONTRACTED SERVICES.] In addition to the
provisions of subdivisions 2b and 3, a school district may
contract with a public or private agency other than a Minnesota
school district or cooperative center for the provision of
secondary vocational education programs for handicapped
children. The formula for payment of aids for these contracts
shall be that provided in section 124.32, subdivision 1b 1d.
The state board shall promulgate rules relating to approval
procedures and criteria for these contracts and aid shall be
paid only for contracts approved by the commissioner of
education. For the purposes of subdivision 6, the district or
cooperative center contracting for these services shall be
construed to be providing these services.
Sec. 14. Minnesota Statutes 1988, section 124.574,
subdivision 5, is amended to read:
Subd. 5. The aid provided pursuant to this section shall
be paid only for services rendered as designated in subdivision
2 or for the costs designated in subdivision 3 which are
incurred in secondary vocational education programs for
handicapped children which are approved by the commissioner of
education and operated in accordance with rules promulgated by
the state board. These rules shall be subject to the
restrictions provided in section 124.573, subdivision 3. The
procedure for application for approval of these programs shall
be as provided in section 124.32, subdivisions 7 and 10 and the
application review process shall be conducted jointly by the
division of special and compensatory education and the division
of vocational technical education section of the state
department.
Sec. 15. [124.86] [STATE REVENUE FOR AMERICAN INDIAN
SCHOOLS.]
Subdivision 1. [AUTHORIZATION.] Each year each American
Indian-controlled contract school authorized by the United
States Code, title 25, section 450f that is located on a
reservation within the state is eligible to receive tribal
contract school aid subject to the requirements in this
subdivision.
(a) The school must plan, conduct, and administer an
education program that complies with the requirements of
chapters 120, 121, 122, 123, 124, 124A, 125, 126, 129, 129A, and
129B.
(b) The school must comply with all other state statutes
governing independent school districts.
(c) The state tribal contract school aid must be used to
supplement, and not to replace, the money for American Indian
education programs provided by the federal government.
Subd. 2. [REVENUE AMOUNT.] For 1989-1990 and later school
years, an American Indian-controlled contract school that is
located on a reservation within the state and that complies with
the requirements in subdivision 1 is eligible to receive tribal
contract school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under section
124A.22, subdivision 2, times the actual pupil units as defined
in section 124A.02, subdivision 19, in attendance during the
fall count week, but not including pupil units for which the
school has received reimbursement under sections 123.933 and
126.23 for the school for the current school year;
(2) subtracting from the result in clause (1) the amount of
money allotted to the school by the federal government through
the Indian School Equalization Program of the Bureau of Indian
Affairs, according to Code of Federal Regulations, title 25,
part 39, subparts A to E, for the basic program as defined by
section 39, 11, b but not money allotted through subparts F to L
for contingency funds, school board training, student training,
interim maintenance and minor repair, interim administration
cost, prekindergarten, and operation and maintenance, and the
amount of money that is received according to section 126.23;
(3) dividing the result in clause (2) by the actual pupil
units; and
(4) multiplying the actual pupil units by the lesser of
$1,500 or the result in clause (3).
Subd. 3. [LAW WAIVER.] Notwithstanding subdivision 1,
paragraphs (a) and (b), a contract school:
(1) is not subject to the Minnesota election law;
(2) has no authority under this section to levy for
property taxes, issue and sell bonds, or incur debt; and
(3) may request through its managing tribal organization a
recommendation of the state board of education, for
consideration of the legislature, that a contract school not be
subject to specified statutes related to independent school
districts.
Sec. 16. [124.331] [REVENUE FOR INDIVIDUALIZED LEARNING
AND DEVELOPMENT.]
Subdivision 1. [PURPOSE.] The purpose of sections 16 to 18
is to improve the education of public school pupils by:
(1) working toward reducing instructor-learner ratios and
increasing the amount of individual attention given each learner
in kindergarten and grade one to help each learner develop
socially and emotionally and in knowledge, skills, and
attitudes; and
(2) improving program offerings.
Subd. 2. [DEFINITION.] "Instructor" in this section means
a public employee licensed by the board of teaching whose duties
are full-time instruction or the equivalent, excluding a teacher
for whom categorical aids are received pursuant to sections
124.273 and 124.32. Instruction may be provided by a learner's
instructor, by another instructor, by a team of instructors, or
by an education assistant or aide supervised by a learner's
regular instructor. In this section, instructor does not
include supervisory and support personnel, as defined in section
125.03. An instructor whose duties are less than full-time
instruction must be included as an equivalent only for the
number of hours of instruction.
Subd. 3. [STATE REVENUE CRITERIA.] Revenue available under
section 17 is to enable a district to work to achieve the
district's instructor-learner ratios in kindergarten and grade
one established by the curriculum advisory committee in each
district, and to prepare and use an individualized learning plan
for each learner in kindergarten and grade one. A district must
not increase the districtwide instructor-learner ratios in
grades two through eight as a result of reducing
instructor-learner ratios in kindergarten and grade one.
A district's curriculum advisory committee, as part of the
policy under section 126.666, must develop a districtwide plan
to work to achieve the instructor-learner ratios in kindergarten
and grade one adopted by the school board of the district, and
to prepare and use an individualized learning plan for each
learner in kindergarten and grade one. If the school board of a
school district determines that the district has achieved and is
maintaining the instructor-learner ratios specified by the
district's curriculum advisory committee, and has prepared and
is using individualized learning plans, the school board must
direct the school district to use the aid it receives under
section 17 to work to improve program offerings throughout the
district, or the education district of which the district is a
member, based upon a plan developed by the district's curriculum
advisory committee.
Sec. 17. [124.332] [INDIVIDUALIZED LEARNING AND
DEVELOPMENT AID.]
Subdivision 1. [ELIGIBILITY.] A district is eligible for
individualized learning and development aid if the school board
of the district has adopted a district instructor-learner ratio
specified by the district's curriculum advisory committee and
submits its ratio to the department of education by April 15,
1990.
Subd. 2. [AID AMOUNT.] An eligible district shall receive
individualized learning and development aid in an amount equal
to $62.25 times the district's average daily membership in
kindergarten and grade one. Aid received under this subdivision
must be used only to achieve the district's instructor-learner
ratios and prepare and use individualized learning plans for
learners in kindergarten and grade one. If the district has
achieved and is maintaining the district's instructor-learner
ratios, then the district may use the aid to work to improve
program offerings throughout the district.
Subd. 3. [WITHHOLDING.] The commissioner must withhold
individualized learning and development aid from any district
that fails to make a good faith effort to achieve its
instructor-learner ratios.
Sec. 18. [124.333] [REPORT.]
The commissioner of education shall monitor and evaluate
the effectiveness of districts' reduced instructor-learner
ratios, individualized learning plans, and efforts to improve
program offerings and shall report to the education committees
in the legislature before March 1 of each school year.
Sec. 19. Minnesota Statutes 1988, 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 to provide eligible services to eligible pupils according
to section 6, subdivisions 3 and 4. It also may be used to meet
the 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 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. 20. Minnesota Statutes 1988, section 126.151,
subdivision 2, is amended to read:
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 and 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. 21. [126.237] [ALTERNATE INSTRUCTION REQUIRED.]
Before a pupil is referred for a special education
assessment, the district must conduct and document at least two
instructional strategies, alternatives, or interventions while
the pupil is in the regular classroom. The pupil's teacher must
provide the documentation. A special education assessment team
may waive this requirement when they determine the pupil's need
for the assessment is urgent. This section may not be used to
deny a pupil's right to a special education assessment.
Sec. 22. [GRANTS FOR INDIAN TEACHERS.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established during the biennium 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 each of the following: (1) the University of
Minnesota, Duluth, and independent school district No. 709,
Duluth; (2) Bemidji state university and independent school
district No. 38, Red Lake; and (3) Moorhead state university and
one of the school districts located within the White Earth
reservation. To obtain a 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
post-secondary institution.
Subd. 2. [GRANT APPLICATION.] The application must set
forth the in-kind services to be provided by the post-secondary
institution. The coordination and mentorship services to be
provided by the post-secondary institution and the school
district must also be set forth in the application.
Subd. 3. [LOAN FORGIVENESS.] The portion of the
scholarship attributable to living expenses and additional
needs, according to subdivision 4, clause (4), shall be in the
form of a loan to be forgiven if the recipient teaches in a
school district in Minnesota. One-fifth of the principal of the
outstanding loan amount must be forgiven for each year of
teaching. The loan forgiveness program and procedures to
administer the program shall be approved by the higher education
coordinating board.
Subd. 4. [ELIGIBILITY FOR SCHOLARSHIPS.] The following
American Indian people are eligible for scholarships:
(1) a student who intends to become a teacher and who is
enrolled in a post-secondary institution receiving a joint
grant;
(2) a teacher aide who intends to become a teacher and who
is employed by a district receiving a joint grant;
(3) a licensed employee of a district receiving a joint
grant who is enrolled in a master of education degree program;
and
(4) a student who, after receiving federal and state
financial aid and an Indian scholarship according to Minnesota
Statutes, section 124.48, has financial needs that remain unmet.
Financial need shall be determined according to the uniform
methodology for needs determination. Additional needs
attributable to living expenses may be included in the
forgivable loan.
Subd. 5. [REVIEW AND COMMENT.] The joint application shall
be submitted to the Minnesota Indian scholarship committee for
review and comment.
Subd. 6. [GRANT AMOUNT.] The state board may award a joint
grant in the amount it determines appropriate. Scholarship
money shall be included in the joint grant.
Sec. 23. [LEVY ADJUSTMENT.]
The department of education shall adjust the 1989 levy for
each school district by the amount of the increase in the
district's special education levy for fiscal year 1990 according
to Minnesota Statutes, section 275.125, subdivision 8c,
resulting from the changes to special education aid under
sections 7 and 12. Notwithstanding Minnesota Statutes, section
121.904, the entire amount of this levy shall be recognized as
revenue for fiscal year 1990.
Sec. 24. [HANDICAPPED CHILDREN UNDER AGE 5; REPORT.]
The department of education, the state interagency
coordinating council, and the association of Minnesota counties
shall jointly prepare a report describing the responsibilities
of county boards and school districts to provide services for
handicapped children under age five and their families.
The report shall include at least the following:
(1) a description of current procedures used to determine
county and school district responsibilities;
(2) a summary of problems of the current delivery system;
(3) recommendations for improving the efficiency and
quality of services;
(4) recommendations for funding services; and
(5) an accounting of current expenditures that includes a
list of financing sources.
Sec. 25. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [SPECIAL EDUCATION AID.] For special education
aid:
$160,331,000 ..... 1990
$165,870,000 ..... 1991
The 1990 appropriation includes $23,074,000 for 1989 and
$137,257,000 for 1990.
The 1991 appropriation includes $24,222,000 for 1990 and
$141,648,000 for 1991.
Subd. 3. [SPECIAL PUPIL AID.] For special education aid
under Minnesota Statutes, section 124.32, subdivision 6, for
pupils with handicaps placed in residential facilities within
the district boundaries for whom no district of residence can be
determined:
$284,000 ..... 1990
$158,000 ..... 1991
If the appropriation for either year is insufficient, the
appropriation for the other year is available. If the
appropriations for both years are insufficient, the
appropriation for special education aid may be used to meet the
special pupil obligations.
Subd. 4. [SUMMER SPECIAL EDUCATION AID.] For special
education summer school aid according to Minnesota Statutes,
section 124.32, subdivision 10:
$5,836,000 ..... 1990
$5,766,000 ..... 1991
The 1990 appropriation is for 1989 summer school programs.
The 1991 appropriation is for 1990 summer school programs.
Subd. 5. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services according to Minnesota
Statutes, section 124.32, subdivision 2b:
$51,000 ..... 1990
$51,000 ..... 1991
The 1990 appropriation includes $8,000 for 1989 and $43,000
for 1990.
The 1991 appropriation includes $8,000 for 1990 and $43,000
for 1991.
Subd. 6. [RESIDENTIAL FACILITIES AID.] For residential
facilities aid under aid according to Minnesota Statutes,
section 124.32, subdivision 5:
$1,398,000 ..... 1990
$1,374,000 ..... 1991
Subd. 7. [LIMITED ENGLISH PROFICIENCY PUPILS PROGRAM AID.]
For aid to educational programs for pupils of limited English
proficiency according to Minnesota Statutes, section 124.273:
$3,270,000 ..... 1990
$3,403,000 ..... 1991
The 1990 appropriation includes $454,000 for 1989 and
$2,816,000 for 1990.
The 1991 appropriation includes $497,000 for 1990 and
$2,906,000 for 1991.
Subd. 8. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships under Minnesota Statutes, section 124.48:
$1,582,000 ..... 1990
$1,582,000 ..... 1991
Any unexpended balance remaining in the first year does not
cancel but is available for fiscal year 1991.
Subd. 9. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For American Indian post-secondary preparation grants
according to Minnesota Statutes, section 124.481:
$857,000 ..... 1990
$857,000 ..... 1991
Subd. 10. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
For grants to American Indian language and culture education
programs according to Minnesota Statutes, section 126.54,
subdivision 1:
$590,000 ..... 1990
$590,000 ..... 1991
The 1990 appropriation includes $89,000 for 1989 and
$501,000 for 1990.
The 1991 appropriation includes $89,000 for 1990 and
$501,000 for 1991.
Subd. 11. [AMERICAN INDIAN EDUCATION.] For certain
American Indian education programs in school districts there is
appropriated:
$176,000 ..... 1990
$176,000 ..... 1991
The 1990 appropriation includes $27,000 for 1989 and
$149,000 for 1990.
The 1991 appropriation includes $27,000 for 1990 and
$149,000 for 1991.
These appropriations are available for expenditure with the
approval of the commissioner of education.
The commissioner must not approve the payment of any amount
to a school district under this subdivision unless that school
district is in compliance with all applicable laws of this state.
Up to the following amounts may be distributed to the
following school districts for each fiscal year: $54,800 to
independent school district No. 309, Pine Point School; $9,700
to independent school district No. 166; $14,900 to independent
school district No. 432; $14,100 to independent school district
No. 435; $42,200 to independent school district No. 707; and
$39,100 to independent school district No. 38. These amounts
shall be spent only for the benefit of American Indian pupils
and to meet established state educational standards or statewide
requirements.
Before a district can receive money under to this
subdivision, the district must submit to the commissioner of
education evidence that it has:
(1) complied with the uniform financial accounting and
reporting standards act, Minnesota Statutes, sections 121.90 to
121.917. For each school year, compliance with Minnesota
Statutes, section 121.908, subdivision 3a, shall require the
school district to prepare one budget including the amount
available to the district under this subdivision and one budget
that does not include the available amount. The budget of that
school district for the 1989-1990 school year prepared according
to Minnesota Statutes, section 121.908, subdivision 3a, shall be
submitted to the commissioner of education at the same time as
1988-1989 budgets and shall not include money appropriated in
this subdivision; and
(2) compiled accurate daily pupil attendance records.
Subd. 12. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid according to Minnesota
Statutes, section 124.573:
$11,471,000 ..... 1990
$11,720,000 ..... 1991
The 1990 appropriation includes $1,525,000 for 1989 and
$9,946,000 for 1990.
The 1991 appropriation includes $1,755,000 for 1990 and
$9,965,000 for 1991.
Subd. 13. [SECONDARY VOCATIONAL HANDICAPPED.] For aid for
secondary vocational education for handicapped pupils according
to Minnesota Statutes, section 124.574:
$5,294,000 ..... 1990
$6,224,000 ..... 1991
The 1990 appropriation includes $645,000 for 1989 and
$4,649,000 for 1990.
The 1991 appropriation includes $821,000 for 1990 and
$5,403,000 for 1991.
Subd. 14. [TRIBAL CONTRACT SCHOOLS.]
For tribal contract school aid:
$200,000 ..... 1990
$200,000 ..... 1991
Subd. 15. [AMERICAN INDIAN TEACHER GRANTS.] For joint
grants to assist American Indian people to become teachers:
$150,000 ..... 1990
$150,000 ..... 1991
Up to $70,000 each year is for a joint grant to the
University of Minnesota-Duluth and the Duluth school district.
Up to $40,000 each year is for a joint grant to Bemidji
state university and Red Lake school district.
Up to $40,000 each year is for a joint grant to Moorhead
state university and a school district located within the White
Earth reservation.
Subd. 16. [ASSURANCE OF MASTERY.] For assurance of mastery
aid:
$10,582,000 ..... 1991
The 1991 appropriation includes $0 for 1990 and $10,582,000
for 1991.
The 1991 appropriation is based on a formula entitlement of
$12,449,000.
Subd. 17. [INDIVIDUALIZED LEARNING AND DEVELOPMENT AID.]
For individualized learning and development aid under section 17:
$6,400,000 ..... 1991
The 1991 appropriation includes $6,400,000 for 1991.
This appropriation is based on a formula entitlement of
$7,550,000.
Sec. 26. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment.
Sections 6, 16, 17, and 18 are effective for the 1990-1991
school year.
ARTICLE 4
COMMUNITY AND ADULT EDUCATION
Section 1. Minnesota Statutes 1988, section 121.88,
subdivision 8, is amended to read:
Subd. 8. [YOUTH DEVELOPMENT PLANS.] A district advisory
council may prepare a youth development plan. The council is
encouraged to use the state model plan developed under section
121.87, subdivision 1a, when developing the local plan. If The
school board approves may approve the youth development plan and
the district makes a community education levy, the district is
eligible for additional community education revenue under
section 124.271, subdivision 2b.
Sec. 2. Minnesota Statutes 1988, section 121.88,
subdivision 9, is amended to read:
Subd. 9. [COMMUNITY YOUTH SERVICE PROGRAMS.] A school
board may offer, as part of a community education program with a
youth development program, a community youth service program for
public school pupils for the purpose of promoting to promote
active citizenship and addressing to address community needs
through youth service. The school board may award up to one
credit, or the equivalent, toward graduation for a pupil who
completes the youth service requirements of the district. 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, in a positive setting for human
development, for pupil volunteers to develop general skills in
preparation for employment, to enhance self esteem and self
worth, and 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.
Youth service projects include, but are not limited to, the
following:
(1) human services for the elderly, including home care and
related services;
(2) tutoring and mentoring;
(3) training for and providing emergency services;
(4) services at extended day programs; and
(5) environmental services.
The commissioner shall maintain a list of acceptable
projects with a description of each project. A project that is
not on the list must be approved by the commissioner.
A youth service project must have a community sponsor that
may be a governmental unit or nonprofit organization. To assure
that pupils provide additional services, each sponsor must
assure that pupil services do not displace employees or reduce
the workload of any employee.
The commissioner must assist districts in planning youth
service programs, implementing programs, and developing
recommendations for obtaining community sponsors.
Sec. 3. Minnesota Statutes 1988, section 121.882,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family
education programs are programs for children in the period of
life from birth to kindergarten, for the parents of such
children, and for expectant parents. The programs may include
the following:
(1) programs to educate parents about the physical, mental,
and emotional development of children;
(2) programs to enhance the skills of parents in providing
for their children's learning and development;
(3) learning experiences for children and parents;
(4) activities designed to detect children's physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(5) activities and materials designed to encourage
self-esteem, skills, and behavior that prevent sexual and other
interpersonal violence;
(6) educational materials which may be borrowed for home
use;
(6) (7) information on related community resources; or
(7) (8) other programs or activities.
The programs shall not include activities for children that
do not require substantial involvement of the children's
parents. The programs shall be reviewed periodically to assure
the instruction and materials are not racially, culturally, or
sexually biased. The programs shall encourage parents to be
aware of practices that may affect equitable development of
children.
Sec. 4. Minnesota Statutes 1988, section 121.912, is
amended by adding a subdivision to read:
Subd. 1b. [TRA AND FICA TRANSFER.] Notwithstanding
subdivision 1, a district shall transfer money from the general
fund to the community education fund for teacher retirement and
FICA obligations attributable to community education programs.
Sec. 5. [123.706] [EARLY CHILDHOOD SCREENING.]
Subdivision 1. [OBJECTIVES.] The objectives of an early
childhood screening program are to:
(1) detect health and developmental conditions that may
impede learning;
(2) encourage further assessment, if needed; and
(3) refer children to appropriate programs.
Subd. 2. [SCREENING.] Early childhood screening is a
program for making a preliminary determination whether a child
has a health or developmental condition that may impede learning.
After screening, a child who may have such a condition is
referred to a qualified individual or organization for
assessment.
Subd. 3. [PROGRAM AVAILABLE.] Beginning in fiscal year
1994, a school district shall make a screening program available
to children who are three years old and older but who have not
entered kindergarten. No child may be required to be screened.
A district shall follow up on referrals to determine whether a
child needs or has obtained additional services. To the extent
possible, a district shall cooperate with public and private
organizations in the community to deliver, finance, and provide
volunteer and in-kind services.
Subd. 3a. [DISTRICT OPTIONS DURING INTERIM YEARS.] During
fiscal years 1990, 1991, 1992, and 1993, a school district must
conduct a screening program either according to this section or
according to sections 123.702 and 123.704.
Subd. 4. [REQUIREMENTS FOR ALL CHILDREN.] The following
must be available for all children who are screened:
(1) developmental screening;
(2) vision and hearing screening;
(3) height and weight assessment;
(4) immunization review and immunizations;
(5) review of health and family history;
(6) identification of additional risk factors that may
influence learning;
(7) a summary interview with the parent;
(8) referral for assessment when potential needs are
identified; and
(9) referral to a qualified health, developmental,
education, or social service provider.
Subd. 5. [REQUIREMENTS FOR CERTAIN CHILDREN.] (a)
Additional services must be offered to children:
(1) who have not had a physical examination within one
year; or
(2) for whom information from a physical examination
conducted within one year cannot be provided by the parent.
(b) The following must be available for the children
described in paragraph (a):
(1) nutrition assessment;
(2) physical examination;
(3) laboratory tests;
(4) oral inspection and dental referral; and
(5) any other service required by medical assistance rules
set forth in Minnesota Rules, parts 9505.0275 and 9505.1693 to
9505.1748.
Services in this subdivision may be offered in conjunction
with the screening program or provided by a public or private
individual or health care organization within 30 days before the
screening program.
Subd. 6. [DEVELOPMENTAL SCREENING.] Developmental
screening, according to subdivision 4, clause (1), must be
conducted by an individual who is licensed as, or has the
equivalent training of, a special education teacher, school
psychologist, kindergarten teacher, prekindergarten teacher,
school nurse, public health nurse, registered nurse, or
physician. The individual may be a volunteer.
Subd. 7. [DATA PRIVACY.] Data on individuals collected in
a screening program is private, as defined in section 13.02,
subdivision 12. Summary data shall be reported by the health
provider who performs the screening to the school district for
the purposes of developing educational and health programs. If
the child's parent or guardian consents in writing, individual
data shall also be reported.
Subd. 8. [STATE AGENCY COOPERATION.] The commissioner of
education shall consult regularly with the commissioners of
human services, health, and jobs and training, about the
development of effective policies, practices, and cooperative
arrangements to maximize the participation of preschool children
and in follow-up services to enhance their health, preparation
for formal education, and family nurturing. The commissioners
of education and human services shall assist school districts in
identifying children eligible for medical assistance or the
children's health plan, providing outreach, and providing or
paying for services with medical assistance or other available
money, including private insurance.
Sec. 6. [123.707] [HEALTH AND DEVELOPMENTAL SCREENING.]
Subdivision 1. [AID AVAILABILITY.] Screening aid shall be
paid to a district meeting the requirements of section 123.702
or 5.
Subd. 2. [AID FOR THREE YEAR OLD CHILDREN.] Health and
developmental screening aid for a three year old screened is the
following:
(a) for a child who is enrolled in the medical assistance
program or the children's health plan, $4;
(b) for a child who is covered by a private medical
insurance plan that will reimburse the district for some or all
of the cost of screening the child, the difference between the
amount of eligible reimbursement and $30, plus $4; and
(c) for all others, $30.
Subd. 3. [AID FOR OTHER CHILDREN.] Health and
developmental screening aid for a child who is over the age of
three, but not yet enrolled in kindergarten, is the following:
(a) for a child who is enrolled in the medical assistance
program or the children's health plan, $4;
(b) for a child who is covered by a private medical
insurance plan that will reimburse the district for some or all
of the cost of screening the child, and the reimbursement totals
less than $8.15, the difference between the amount of
reimbursement and $8.15, plus $4; and
(c) for all others, $8.15.
Sec. 7. Minnesota Statutes 1988, section 124.26,
subdivision 1c, is amended to read:
Subd. 1c. [PROGRAM APPROVAL.] A district receiving To
receive aid under this section, a district must have its program
submit an application by June 1 describing the program, on a
form provided by the department. The program must be approved
by the commissioner according to the following criteria:
(1) how the needs of all different levels of learners
learning will be met;
(2) for continuing programs, an evaluation of results;
(3) anticipated number and education level of participants;
(4) coordination with other resources and services;
(5) participation in a consortium, if any, and funds money
available from other participants;
(6) management and program design;
(7) volunteer training and use of volunteers;
(8) staff development services;
(9) program sites and schedules; and
(10) program expenditures that qualify for aid.
The commissioner may contract with a private, nonprofit
organization to provide services that are not offered by a
district or that are supplemental to a district's program. The
program provided under a contract must be approved according to
the same criteria used for district programs.
Sec. 8. Minnesota Statutes 1988, section 124.26,
subdivision 7, is amended to read:
Subd. 7. [ADULT BASIC AND CONTINUING EDUCATION AID.] Each
district shall receive aid for approved adult basic and
continuing education programs equal to 75 percent of the salary
for each teacher, counselor, coordinator of volunteers, and
nonlicensed instructional staff. In addition, the state shall
pay aid equal to 75 percent of the expenditures for benefits,
contracted services, supplies, and materials. Expenditures for
which the district receives federal aid shall not qualify for
state aid. Up to five percent of the combined state and federal
aid may be for the administrative costs of coordinating services
with human services, employment, training, corrections, or other
agencies providing educational services to adult learners.
Sec. 9. Minnesota Statutes 1988, section 124.26, is
amended by adding a subdivision to read:
Subd. 8. [ADULT BASIC EDUCATION LEVY.] To obtain adult
basic education aid, a district may levy an amount not to exceed
the amount raised by a gross tax capacity rate of .16 percent
times the adjusted gross tax capacity of the district for the
preceding year for taxes payable in 1990 or a net tax capacity
rate of .20 percent times the adjusted net tax capacity of the
district for the preceding year for taxes payable in 1991 and
thereafter.
Sec. 10. Minnesota Statutes 1988, section 124.2711,
subdivision 1, is amended to read:
Subdivision 1. [MAXIMUM REVENUE.] (a) The maximum revenue
for early childhood family education programs for a school year
the 1989 and 1990 fiscal years for a school district is the
amount of revenue derived by multiplying $84.50 times the
greater of 150 or the number of people under five years of age
residing in the school district on September 1 of the preceding
school year.
(b) For 1991 and later fiscal years, the maximum revenue
for early childhood family education programs for a school
district is the amount of revenue earned by multiplying $87.75
times the greater of:
(1) 150; or
(2) the number of people under five years of age residing
in the school district on September 1 of the last school year.
Sec. 11. Minnesota Statutes 1988, section 124.2711,
subdivision 3, is amended to read:
Subd. 3. [AID.] If a district complies with the provisions
of section 121.882, it shall receive early childhood family
education aid equal to:
(a) the difference between the maximum revenue, according
to subdivision 1, and the permitted levy attributable to the
same school year, according to section 275.125, subdivision 8b,
times
(b) the ratio of the district's actual levy to its
permitted levy attributable to the same school year, according
to section 275.125, subdivision 8b.
In fiscal year 1990 only, a district receiving early
childhood family education aid under this subdivision or levy
under section 275.125, subdivision 8b, shall receive an
additional amount of aid equal to $.95 times the greater of 150
or the number of people under five years of age residing in the
district on September 1 of the last school year.
Sec. 12. [124.2713] [COMMUNITY EDUCATION REVENUE.]
Subdivision 1. [TOTAL COMMUNITY EDUCATION
REVENUE.] Community education revenue equals the sum of a
district's general community education revenue, youth
development plan revenue, and youth service program revenue.
Subd. 2. [ELIGIBILITY.] To be eligible for community
education revenue, a district must:
(1) operate a community education program that complies
with section 121.88; and
(2) file a certificate of compliance with the commissioner
of education. The certificate of compliance shall certify that
a meeting was held to discuss methods of increasing cooperation
among the governing boards of each county, city, and township in
which the district, or any part of the district, is located, and
that each governing board was sent a written notice of the
meeting at least 15 working days before the meeting. The
failure of a governing board to attend the meeting shall not
affect the authority of the district to obtain community
education revenue.
Subd. 3. [GENERAL COMMUNITY EDUCATION REVENUE.] For fiscal
year 1991 and thereafter, the general community education
revenue for a district equals $5.95 times the greater of 1,335
or the population of the district. The population of the
district is determined according to section 275.14.
Subd. 3a. [1990 GENERAL COMMUNITY EDUCATION REVENUE.] For
fiscal year 1990, the general community education revenue for
each district equals $5.75 times the greater of 1,335 or the
population of the district.
Subd. 4. [YOUTH DEVELOPMENT PLAN REVENUE.] Youth
development plan revenue for a district with a plan approved by
the school board equals 50 cents times the greater of 1,335 or
the population of the district.
Subd. 5. [YOUTH SERVICE REVENUE.] Youth service program
revenue is available to a district that has implemented a youth
development plan and a youth service program. Youth service
revenue equals 25 cents times the greater of 1,335 or the
population of the district.
Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community
education revenue, a district may levy the amount raised by a
gross tax capacity rate of 0.8 percent times the adjusted gross
tax capacity of the district for taxes payable in 1990 or a net
tax capacity rate of 1.0 percent times the adjusted net tax
capacity of the district for taxes payable in 1991 and
thereafter. If the amount of the community education levy would
exceed the community education revenue, the community education
levy shall equal the community education revenue.
Subd. 7. [COMMUNITY EDUCATION AID.] A district's community
education aid is the difference between its community education
revenue and the community education levy. If the district does
not levy the entire amount permitted, the community education
aid shall be reduced in proportion to the actual amount levied.
Subd. 8. [USES OF GENERAL REVENUE.] General community
education revenue may be used for:
(1) nonvocational, recreational, and leisure time
activities and programs;
(2) handicapped adult programs, if the programs and budgets
are approved by the department of education;
(3) adult basic education programs, according to section
124.26;
(4) summer programs for elementary and secondary pupils;
(5) implementation of a youth development plan;
(6) implementation of a youth service program;
(7) early childhood family education programs, according to
section 121.882; and
(8) extended day programs, according to section 121.88,
subdivision 10.
(9) In addition to money from other sources, a district may
use up to ten percent of its community education revenue for
equipment that is used exclusively in community education
programs. This revenue may be used only for the following
purposes:
(i) to purchase or lease computers and related materials;
(ii) to purchase or lease equipment for instructional
programs; and
(iii) to purchase textbooks and library books.
Subd. 9. [USE OF YOUTH REVENUE.] Youth development revenue
may be used only to implement the youth development plan
approved by the school board. Youth service revenue may be used
only to provide a youth service program according to section
121.88, subdivision 9.
Sec. 13. [124.2714] [ADDITIONAL COMMUNITY EDUCATION
REVENUE.]
A district that is eligible under section 12, subdivision
2, may levy an amount up to the amount authorized by Minnesota
Statutes 1986, section 275.125, subdivision 8, clause (2). The
proceeds of the levy may be used for the purposes set forth in
section 12, subdivision 8.
Sec. 14. [124.2715] [HANDICAPPED ADULT REVENUE.]
Subdivision 1. [REVENUE AMOUNT.] A district that is
eligible according to section 12, subdivision 2, may receive
revenue for a handicapped adult program. Handicapped adult
program revenue for a district or a group of districts equals
the lesser of:
(1) the actual expenditures for approved programs and
budgets; or
(2) $60,000.
Subd. 2. [AID.] Handicapped adult program aid equals the
lesser of:
(1) one-half of the actual expenditures for approved
programs and budgets; or
(2) $30,000.
Subd. 3. [LEVY.] A district may levy for a handicapped
adult program an amount up to the amount designated in
subdivision 2. In the case of a program offered by a group of
districts, the levy amount shall be apportioned among the
districts according to the agreement submitted to the department
of education.
Subd. 4. [OUTSIDE REVENUE.] A district may receive money
from public or private sources to supplement handicapped adult
program revenue. Aid may not be reduced as a result of
receiving money from these sources.
Subd. 5. [USE OF REVENUE.] Handicapped adult program
revenue may be used only to provide handicapped adult programs.
Sec. 15. [129B.13] [INTERAGENCY ADULT LEARNING ADVISORY
COUNCIL AND GRANTS.]
Subdivision 1. [SPECIFIC GOALS.] The interagency adult
learning initiative is intended to:
(1) increase the number of adults improving their basic
skills and completing general educational development, high
school diploma, and technical skills training programs;
(2) reduce the dropout rate in adult programs by ensuring
that transportation, child care, and other barriers to learning
are addressed;
(3) be a catalyst to upgrade existing adult education
programs;
(4) expand cooperation among education, human services, and
job training agencies; and
(5) support employer, labor union, or other initiatives to
improve employed workers' basic skills.
Subd. 2. [MEMBERS; MEETINGS; OFFICERS.] The interagency
adult learning advisory council shall have 16 to 18 members.
Members must have experience in educating adults or in programs
addressing welfare recipients and incarcerated, unemployed, and
underemployed people.
The members of the interagency adult learning advisory
council are appointed as follows:
(1) one member appointed by the commissioner of the state
planning agency;
(2) one member appointed by the commissioner of jobs and
training;
(3) one member appointed by the commissioner of human
services;
(4) one member appointed by the director of the refugee and
immigrant assistance division of the department of human
services;
(5) one member appointed by the commissioner of
corrections;
(6) one member appointed by the commissioner of education;
(7) one member appointed by the director of the state board
of vocational technical education;
(8) one member appointed by the chancellor of community
colleges;
(9) one member appointed by the Minnesota adult literacy
campaign or by another nonprofit literacy organization, as
designated by the commissioner of the state planning agency;
(10) one member appointed by the council on Black
Minnesotans;
(11) one member appointed by the Spanish-speaking affairs
council;
(12) one member appointed by the council on Asian-Pacific
Minnesotans;
(13) one member appointed by the Indian affairs council;
and
(14) one member appointed by the disability council.
Up to four additional members of the council may be
nominated by the participating agencies. Based on the council's
recommendations, commissioner of the state planning agency must
appoint at least two, but not more than four, additional
members. Nominees shall include, but are not limited to,
representatives of local education, government, nonprofit
agencies, employers, labor organizations, and libraries.
The council shall elect its officers.
Subd. 3. [STAFF.] The commissioner of the state planning
agency shall provide space and administrative services to the
council. The commissioner may contract for staff for the
council.
Subd. 4. [COMPENSATION.] Compensation of members is
governed by section 15.059, subdivision 6.
Subd. 5. [EXPIRATION DATE.] The advisory council expires
on June 30, 1995.
Subd. 6. [COUNCIL RESPONSIBILITIES.] The responsibilities
of the council are to make recommendations to:
(1) coordinate planning and activities of participating
agencies;
(2) assist program coordination at the local level;
(3) develop policy recommendations on adult literacy for
the state, and make recommendations to the participating
commissioners and the legislature;
(4) establish standards for effective programs and promote
statewide implementation of such standards;
(5) award grant funds;
(6) evaluate programs funded by the state; and
(7) provide technical assistance and staff development
services, in coordination with participating agencies.
Subd. 7. [TARGETED ADULT LITERACY GRANTS.] The council may
make recommendations to award grants to qualified programs to
serve people who are on public assistance, are unemployed, or
underemployed and who:
(1) are functioning below the eighth grade level;
(2) have not completed high school or a GED program;
(3) need basic skills remediation for employment,
occupational training, or post-secondary education; or
(4) do not speak English.
The council may prioritize funding for services for people
described in clause (1) or to persons with learning disabilities.
Priority must be given to qualified programs for the
recipients of aid to families with dependent children who are
identified for self-sufficiency services under section 256.736,
and qualified programs for recipients of general assistance or
work readiness assistance.
Subd. 8. [STANDARDS FOR QUALIFIED PROGRAMS.] (a) Except as
provided in paragraph (b) and subdivision 9, a program
qualifying for a grant must:
(1) be directed to the unemployed, the underemployed, the
incarcerated, public assistance recipients, or to non-English
speaking immigrants;
(2) integrate learning and support services such as child
care, transportation, and counseling;
(3) have intensive learning that maximizes the weekly hours
available to learners;
(4) be accessible year-round and during daytime or evening
hours as needed, except where otherwise appropriate to learners'
needs;
(5) have individualized learning plans and outcome based
learning;
(6) provide instruction in transferable basic skills;
(7) have context based learning linked to individual
occupational or self-sufficiency goals;
(8) provide for reporting and evaluation;
(9) have appropriate coordination and differentiation of
services among adult literacy services and agencies in the local
area;
(10) be coordinated with human services and employment and
training agencies, as appropriate to the target population; and
(11) maximize use of available local resources.
(b) The commissioner of the state planning agency may waive
a standard because of client need or local conditions. The
reason for the waiver must be documented.
Subd. 9. [INNOVATION GRANTS.] The commissioner of the
state planning agency may award grants for innovative programs.
An innovation grant need not comply with the standards in
subdivision 8. The nature and extent of the proposed innovation
must be described in the award.
Subd. 10. [NO FUNDING REQUIRED.] The commissioner of the
state planning agency need not award a grant for any proposal
that, in the determination of the commissioner does not meet the
standards in subdivision 8.
Subd. 11. [ELIGIBLE GRANTEES.] To be eligible for a grant,
one or more public agencies, or public or private nonprofit
organizations, must submit a plan to create or maintain a
qualified program. A profit-making organization cannot receive
a grant but may be a subcontractor on a grant.
Grantees may not reduce existing expenditure levels for the
target population.
Subd. 12. [GEOGRAPHIC DISTRIBUTION.] The commissioner of
the state planning agency shall seek to award grants throughout
the state, taking into account the incidence of the target
population. It shall provide technical assistance to local
agencies to enhance fulfillment of this subdivision.
Subd. 13. [SUPPLEMENTAL GRANTS.] A grant may supplement
existing local programs by financing additional services or
hours of instruction.
Subd. 14. [GRANT SCHEDULE.] The commissioner of the state
planning agency must award initial grants by April 1, 1990.
Beginning in 1991, grants must be awarded by July 1 of each
year. Grants may be awarded for a period not to exceed 24
months.
Subd. 15. [LOCAL AND REGIONAL JOINT PLANNING.] The
commissioner of the state planning agency may require grant
applicants and existing adult basic education providers in a
locality to present a joint services plan as a condition of
receiving a grant under this section.
Subd. 16. [REPORTING AND EVALUATION.] The commissioner of
the state planning agency shall evaluate the performance of the
grantees and report to the legislature by November 15 of each
year, except that a preliminary report may be submitted by
February 15, 1991.
Sec. 16. Minnesota Statutes 1988, section 275.14, is
amended to read:
275.14 [CENSUS.]
For the purposes of sections 12 and 275.11 to 275.16, the
population of a city shall be that established by the last
federal census, by a special census taken by the United States
Bureau of the Census, by an estimate made by the metropolitan
council, or by the state demographer made according to section
116K.04, subdivision 4, whichever has the latest stated date of
count or estimate, before July 2 of the current levy year. The
population of a school district must be determined by as
certified by the department of education from the most recent
federal census.
In any year in which no federal census is taken pursuant to
law in any school district affected by sections 275.11 to 275.16
a population estimate may be made and submitted to the state
demographer for approval as hereinafter provided. The school
board of a school district, in case it desires a population
estimate, shall pass a resolution by September 1 containing a
current estimate of the population of the school district and
shall submit the resolution to the state demographer. The
resolution shall describe the criteria on which the estimate is
based and shall be in a form and accompanied by the data
prescribed by the state demographer. The state demographer
shall determine whether or not the criteria and process
described in the resolution provide a reasonable basis for the
population estimate and shall inform the school district of that
determination within 30 days of receipt of the resolution. If
the state demographer determines that the criteria and process
described in the resolution do not provide a reasonable basis
for the population estimate, the resolution shall be of no
effect. If the state demographer determines that the criteria
and process do provide a reasonable basis for the population
estimate, the estimate shall be treated as the population of the
school district for the purposes of sections 275.11 to 275.16
until the population of the school district has been established
by the next federal census or until a more current population
estimate is prepared and approved as provided herein, whichever
occurs first. The state demographer shall establish guidelines
for acceptable population estimation criteria and processes.
The state demographer shall issue advisory opinions upon request
in writing to cities or school districts as to proposed criteria
and processes prior to their implementation in an estimation.
The advisory opinion shall be final and binding upon the
demographer unless the demographer can show cause why it should
not be final and binding.
In the event that a census tract employed in taking a
federal or local census overlaps two or more school districts,
the county auditor shall, on the basis of the best information
available, allocate the population of said census tract to the
school districts involved.
The term "council," as used in sections 275.11 to 275.16,
means any board or body, whether composed of one or more
branches, authorized to make ordinances for the government of a
city within this state.
Sec. 17. [CONVENING THE INTERAGENCY ADULT LEARNING
COUNCIL.]
The commissioner of the state planning agency shall convene
the state agency members of the interagency adult learning
council on an interim basis by August 1, 1989, and the full
council by September 1, 1989.
Sec. 18. [SCREENING AVAILABILITY.]
Subdivision 1. [PLANNING PROCESS.] Beginning in the
1989-1990 school year, districts must begin a process to make
screening readily available to all three year old children,
targeting those at-risk and unlikely to be served by other
programs. After July 1, 1993, a district shall make available
voluntary health and developmental screening to all three year
old children in the district. Districts shall collaborate with
public and private community-based resources to deliver and
finance early childhood screening.
Subd. 2. [GUIDELINES.] The commissioner of education shall
establish guidelines to assist school districts in expanding the
early childhood screening program to all three year old children.
Sec. 19. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] Except as
otherwise provided, the sums indicated in this section are
appropriated from the general fund to the department of
education for the fiscal years designated.
Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic
education aid according to Minnesota Statutes, section 124.26:
$4,780,000 ..... 1990
$5,043,000 ..... 1991
The 1990 appropriation includes $638,000 for 1989 and
$4,142,000 for 1990.
The 1991 appropriation includes $731,000 for 1990 and
$4,312,000 for 1991.
Up to $235,000 in 1990 and $250,000 in 1991 may be used for
contracts with private, nonprofit organizations for approved
programs.
Subd. 3. [ADULT HANDICAPPED PROGRAM AID.] For handicapped
adult programs according to section 14:
$610,000 ..... 1990
$670,000 ..... 1991
Any unexpended balance from the appropriations in this
subdivision for 1990 does not cancel and is available for the
second year of the biennium.
Subd. 4. [COMMUNITY EDUCATION AID.] For community
education aid according to section 12:
$4,853,000 ..... 1990
$3,591,000 ..... 1991
The 1990 appropriation includes $516,000 for 1989 and
$4,337,000 for 1990.
The 1991 appropriation includes $766,000 for 1990 and
$2,825,000 for 1991.
Subd. 5. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124.2711:
$9,635,900 ..... 1990
$10,262,000 ..... 1991
The 1990 appropriation includes $1,235,000 for 1989 and
$8,400,000 for 1990.
The 1991 appropriation includes $1,484,000 for 1990 and
$8,778,000 for 1991.
Subd. 6. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For
health and developmental screening aid according to section 6:
$881,000 ....... 1990
$1,357,000 ..... 1991
The 1990 appropriation includes $60,000 for 1989 and
$821,000 for 1990.
The 1991 appropriation includes $145,000 for 1990 and
$1,212,000 for 1991.
Any unexpended balance for fiscal year 1990 does not cancel
but is available for fiscal year 1991.
Up to $25,000 of the appropriation available in fiscal year
1990 may be used for start-up training and technical assistance.
Subd. 7. [EVALUATION OF BASIC SKILLS PROGRAMS.] For
continuing an independent statewide evaluation of basic skills
programs:
$75,000 ..... 1990
$75,000 ..... 1991
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 the
receipt of the private matching funds. The commissioner shall
contract with an organization that is not connected with the
delivery system.
Subd. 8. [EVALUATION OF ECFE PROGRAMS.] To develop outcome
measures and evaluate district ECFE programs:
$ 25,000 ..... 1990
Any unexpended balance for fiscal year 1990 does not cancel
but is available for fiscal year 1991.
Subd. 9. [GED AND LEARN TO READ ON TV.] For statewide
purchase of broadcast costs, publicity, and coordination of the
GED on TV series and the learn to read on TV series:
$100,000 ..... 1990
$100,000 ..... 1991
The department may contract for these services.
Subd. 10. [HEARING IMPAIRED ADULTS.] For programs for
hearing impaired adults according to Minnesota Statutes, section
121.201:
$70,000 ..... 1990
$70,000 ..... 1991
Subd. 11. [ADULT LITERACY GRANTS.] To the state planning
agency for grants and duties of the interagency adult literacy
council:
$400,000 ..... 1990
$500,000 ..... 1991
Up to $25,000 each year is to provide technical assistance
to employers. Up to $20,000 each year is for the commissioner
to contract for staff to the council.
The appropriation includes $200,000 each year for programs
to assist inmates in state correctional institutions in
obtaining a high school diploma or its equivalent.
Sec. 20. [REPEALER.]
Minnesota Statutes 1988, sections 123.703; 123.705;
124.271, subdivisions 2b, 3, 4, and 7; 129B.48; and 275.125,
subdivision 8, are repealed July 1, 1989. Section 12,
subdivision 3a, is repealed July 1, 1990. Minnesota Statutes,
sections 123.702 and 123.704, and section 5, subdivision 3a, are
repealed July 1, 1993. Section 15 is repealed June 30, 1995.
Sec. 21. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment.
ARTICLE 5
FACILITIES AND EQUIPMENT
Section 1. Minnesota Statutes 1988, section 16B.60,
subdivision 6, is amended to read:
Subd. 6. [PUBLIC BUILDING.] "Public building" means a
building and its grounds, the cost of which is paid for by the
state, or a state agency, or a school district.
Sec. 2. Minnesota Statutes 1988, section 121.15,
subdivision 2, is amended to read:
Subd. 2. [PLAN SUBMITTAL.] For a project for which
consultation is required under subdivision 1, the commissioner,
after the consultation required in subdivision 1, may require a
school district 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 commissioner shall
approve or disapprove the plans within 60 days after submission.
Final plans shall meet all applicable state laws, rules,
and codes concerning public buildings, including sections 16B.59
to 16B.73. The department may furnish to a school district
plans and specifications for temporary school buildings
containing two classrooms or less.
Sec. 3. Minnesota Statutes 1988, section 123.36,
subdivision 1, is amended to read:
Subdivision 1. According to section 14 or 16, when funds
are available therefor, the board may locate and acquire
necessary sites of schoolhouses or enlargements, or additions to
existing schoolhouse sites by lease, purchase or condemnation
under the right of eminent domain; it may erect schoolhouses
thereon; it may erect or purchase garages for district-owned
school buses. When property is taken by eminent domain by
authority of this subdivision when needed by the school district
for such purposes, the fact that the property so needed has been
acquired by the owner under the power of eminent domain or is
already devoted to public use, shall not prevent its acquisition
by the school district. The board may sell or exchange
schoolhouses or sites, and execute deeds of conveyance thereof.
Sec. 4. Minnesota Statutes 1988, section 123.36,
subdivision 13, as amended by Laws 1989, chapter 222, section
10, if enacted, is amended to read:
Subd. 13. [PROCEEDS OF SALE OR EXCHANGE.] Proceeds of the
sale or exchange of school buildings or real property of the
school district shall be used as provided in this subdivision.
(1) (a) In districts with outstanding bonds, the proceeds
of the sale or exchange shall first be deposited in the debt
retirement fund of the district in an amount sufficient to meet
when due that percentage of the principal and interest payments
for outstanding bonds which is ascribable to the payment of
expenses necessary and incidental to the construction or
purchase of the particular building or property which is sold.
(2) (b) After satisfying the requirements of clause
(1) paragraph (a), a district with outstanding bonds may deposit
proceeds of the sale or exchange in its capital expenditure fund
if the amount deposited is used for the following:
(a) for expenditures for the removal of asbestos from
school buildings or property or for asbestos encapsulation, if
the method for asbestos removal or encapsulation is approved by
the department of education;
(b) (1) for expenditures for the cleanup of polychlorinated
biphenyls, if the method for cleanup is approved by the
department of education;
(c) (2) for capital expenditures for the betterment, as
defined in section 475.51, subdivision 8, of district-owned
school buildings, other than as provided in clause (a); or
(d) (3) to replace the building or property sold.
The amount of the proceeds used for the purposes specified
in clauses (a) and (b) shall be deducted from the levy
limitation computed for the levy authorized in section 124.83,
subdivision 4, in the first year after the deposit and from levy
limitations computed for this levy in succeeding years until the
entire amount is deducted.
(3) (c) In a district with outstanding bonds, the amount of
the proceeds of the sale or exchange remaining after the
application of clauses (1) and (2) paragraphs (a) and (b), which
is sufficient to meet when due that percentage of the principal
and interest payments for the district's outstanding bonds which
is not governed by clause (1) paragraph (a), shall be deposited
in the debt retirement fund.
(4) (d) Any proceeds of the sale or exchange remaining in
districts with outstanding bonds after the application of
clauses (1), (2), and (3) paragraphs (a), (b), and (c), and all
proceeds of the sale or exchange in districts without
outstanding bonds shall be deposited in the capital expenditure
fund of the district.
(5) (e) Notwithstanding clauses (2) and (3) paragraphs (b)
and (c), a district with outstanding bonds may deposit in its
capital expenditure fund and use for any lawful capital
expenditure without the reduction of any levy limitation the
same percentage of the proceeds of the sale or exchange of a
building or property as the percentage of the initial cost of
purchasing or constructing the building or property which was
paid using revenue from the capital expenditure fund.
(6) Every district which sells or exchanges a building or
property shall report to the commissioner in the form and at the
time the commissioner prescribes on the disposition of the
proceeds of the sale or exchange.
Sec. 5. Minnesota Statutes 1988, section 124.243,
subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE FACILITIES REVENUE.] Capital
expenditure facilities revenue for a district equals the lesser
of:
(1) $137 $130 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.
Sec. 6. Minnesota Statutes 1988, section 124.243,
subdivision 3, is amended to read:
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 gross tax
capacity 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 70 percent of the equalizing factor for the school
year to which the levy is attributable.
Sec. 7. Minnesota Statutes 1988, section 124.243, is
amended by adding a subdivision to read:
Subd. 11. [INSTALLMENT PURCHASE CONTRACTS.] An installment
contract to purchase a facility in excess of $400,000 is subject
to the review and comment provisions of section 121.15.
Sec. 8. Minnesota Statutes 1988, section 124.244,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE AMOUNT.] The capital expenditure
equipment revenue for each district equals $70 $65 times its
actual pupil units counted according to section 124.17,
subdivision 1, for the school year.
Sec. 9. Minnesota Statutes 1988, section 124.244,
subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE EQUIPMENT LEVY.] To obtain
capital expenditure equipment revenue, a district may levy an
amount not to exceed 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 gross tax
capacity 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 70 percent of the equalizing factor for the school
year to which the levy is attributable.
Sec. 10. Minnesota Statutes 1988, section 124.245,
subdivision 3b, is amended to read:
Subd. 3b. [HAZARDOUS SUBSTANCE REVENUE AND AID.] (a) A
district's "hazardous substance revenue" for fiscal year 1989
equals the approved cost of the hazardous substance plan for the
school fiscal year to which the levy is attributable, minus the
unexpended portion of levies certified and aids earned by the
district in earlier years under section sections 124.245,
subdivision 3, and 275.125, subdivision 11c.
(b) A district's "hazardous substance levy limitation"
means its levy limitation computed according to section 275.125,
subdivision 11c.
(c) A district's "hazardous substance aid" for 1988-1989
and later school years equals:
(i) the difference between its hazardous substance revenue
and its hazardous substance levy limitation for the levy for
that school year, multiplied by
(ii) the ratio of the amount actually levied to the amount
of its hazardous substance levy limitation.
(d) Aid paid under this subdivision may be used only for
the purposes for which the proceeds of the levy authorized in
section 275.125, subdivision 11c, may be used.
(e) In the event that the 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. 11. Minnesota Statutes 1988, section 124.83,
subdivision 3, is amended to read:
Subd. 3. [HEALTH AND SAFETY REVENUE.] A district's health
and safety revenue for a fiscal year 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.:
(1) the sum of (a) the total approved cost of the
district's hazardous substance plan for fiscal years 1985
through 1989, plus (b) the total approved cost of the district's
health and safety program for fiscal year 1990 through the
fiscal year to which the levy is attributable, minus
(2) the sum of (a) the district's total hazardous substance
aid and levy for fiscal years 1985 through 1989 under sections
124.245 and 275.125, subdivision 11c, plus (b) the district's
health and safety revenue under this subdivision, for years
before the fiscal year to which the levy is attributable, plus
(c) the amount of other federal, state, or local receipts for
the district's hazardous substance or health and safety programs
for fiscal year 1985 through the fiscal year to which the levy
is attributable.
Sec. 12. Minnesota Statutes 1988, section 124.83,
subdivision 4, is amended to read:
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 gross tax
capacity 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 70 percent of the equalizing factor for the school
year to which the levy is attributable.
Sec. 13. Minnesota Statutes 1988, section 124.83,
subdivision 6, is amended to read:
Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and
safety revenue may be used only for approved 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.
Sec. 14. Minnesota Statutes 1988, section 275.125,
subdivision 11d, is amended to read:
Subd. 11d. [EXTRA CAPITAL EXPENDITURE LEVY FOR LEASING
BUILDINGS.] When a district finds it economically advantageous
to rent or lease a building, or to purchase a building and site
under an installment purchase agreement, lease purchase
agreement, or any other deferred payment agreement authorized
under section 465.71, for a secondary vocational cooperative
program any instructional purposes and it determines that the
capital expenditure facilities revenues authorized under section
124.243 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 or agreement, and a description of the space
to be leased or purchased according to any type of deferred
payment agreement, 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 or agreement to the laws and rules of the state of
Minnesota, and the appropriateness of the proposed lease or
agreement 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 or purchasing 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 or to purchase a
building newly constructed under an installment purchase
agreement, lease purchase agreement, or any other deferred
payment agreement authorized under section 465.71.
Sec. 15. Minnesota Statutes 1988, section 326.03,
subdivision 2, is amended to read:
Subd. 2. Nothing contained in sections 326.02 to 326.15
shall prevent persons from advertising and performing services
such as consultation, investigation, or evaluation in connection
with, or from making plans and specifications for, or from
supervising, the erection, enlargement, or alteration of any of
the following buildings:
(a) Dwellings for single families, and outbuildings in
connection therewith, such as barns and private garages;
(b) Two family dwellings;
(c) Any farm building or accessory thereto; or
(d) Temporary buildings or sheds used exclusively for
construction purposes, not exceeding two stories in height, and
not used for living quarters; or
(e) Any public work or public improvement done by a public
body in this state where the cost of the work or improvement
does not exceed $100,000.
Sec. 16. Minnesota Statutes 1988, section 465.71, is
amended to read:
465.71 [INSTALLMENT AND LEASE PURCHASES; CITIES; COUNTIES;
SCHOOL DISTRICTS.]
A home rule charter city, statutory city, county, town, or
school district may purchase real or personal property under an
installment contract, or lease real or personal property with an
option to purchase under a lease purchase agreement, by which
contract or agreement title is retained by the seller or vendor
or assigned to a third party as security for the purchase price,
including interest, if any, but such purchases are subject to
statutory and charter provisions applicable to the purchase of
real or personal property. For purposes of the bid requirements
contained in section 471.345, "the amount of the contract" shall
include the total of all lease payments for the entire term of
the lease under a lease-purchase agreement. The obligation
created by a lease purchase agreement or installment contract
shall not be included in the calculation of net debt for
purposes of section 475.53, shall be deemed to constitute the
issuance of an obligation under section 475.58, subdivision 1,
clause (6), and shall not constitute debt under any other
statutory provision. No election shall be required in
connection with the execution of a lease purchase agreement or
installment contract authorized by this section. The city,
county, town, or school district shall must have the right to
terminate a lease purchase agreement at the end of any fiscal
year during its term.
Sec. 17. Laws 1959, chapter 462, section 3, subdivision
10, as renumbered, as amended by Laws 1963, chapter 645, section
3, Laws 1967, chapter 661, section 3, Laws 1969, chapter 994,
section 1, Laws 1975, chapter 320, section 1, and Laws 1980,
chapter 525, section 2, is amended to read:
Subd. 10. [SPECIAL SCHOOL DISTRICT NO. 1; MINNEAPOLIS,
CITY OF; EXTENDING BONDING AUTHORITY.] As used in this act the
word "project" shall mean any proposed new or enlarged school
building site, any proposed new school building or any proposed
new addition to a school building, and "undertaking" shall mean
any other purpose for which bonds may be issued as authorized in
this subdivision. Subject to the limitations of subdivision 11,
the special independent school district of Minneapolis may issue
and sell bonds with the approval of 53 percent of the electors
voting on the question at a general school district election or
at a school district election held at the same time and place
within the district as a state general or primary election, as
determined by the board of education. Subject to the provisions
of subdivision 11, the school district may also by a two-thirds
majority vote of all the members of its board of education and
without any election by the voters of the district, issue and
sell in each calendar year bonds of the district in an amount
not to exceed one-half of one percent of the assessed value of
the taxable property in the district (plus, for each of the
calendar years 1980 through 1984 year 1990, an amount not to
exceed 50 percent of the amount of indebtedness to be retired
during the calendar year $7,500,000; with an additional
provision that any amount of bonds so authorized for sale in a
specific year and not sold can be carried forward and sold in
the year immediately following); provided, however, that the
board shall submit the list of projects and undertakings to be
financed by a proposed issue to the city planning commission as
provided in subdivision 11(c). All bonds of the school district
shall be payable in not more than 20 30 years. The proceeds of
the sale of the bonds shall be used only for the rehabilitating,
remodeling, expanding and equipping of existing school buildings
and for the acquisition of sites, construction and equipping of
new school buildings, and for acquisition and betterment
purposes, and no part of the proceeds shall be used for
maintenance. The provisions of this act shall apply to the
issuance and sale of the bonds and to the purposes for which the
bonds may be issued notwithstanding any provisions to the
contrary in any other existing law relating thereto.
Sec. 18. [HANDICAPPED ACCESSIBILITY LEVY: INDEPENDENT
SCHOOL DISTRICT NO. 228.]
For handicapped accessibility improvements, independent
school district No. 228, Harmony, may levy an amount not more
than the lesser of $100,000 or the costs of the handicapped
accessibility improvements. This levy is authorized for taxes
payable in 1990, 1991, or 1992. In no case may the sum of the
levies exceed $100,000.
Sec. 19. [INSTRUCTIONS TO THE DEPARTMENT.]
The department of education shall make adjustments to the
capital expenditure facilities levy, the capital expenditure
equipment levy, and the health and safety levy certified for
fiscal year 1991, according to sections 5, 6, 8, 9, and 12, for
revenue for fiscal year 1990.
Sec. 20. [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. Bonds may be issued under this section
without a referendum. 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. An
election on the question of issuing the bonds is not required.
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 Minnesota Statutes, 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 Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to Minnesota
Statutes, 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
Minnesota Statutes, 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. 21. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [CAPITAL EXPENDITURE FACILITIES AID.] For capital
expenditure facilities aid according to Minnesota Statutes,
section 124.243, subdivision 5:
$33,800,000 ..... 1990
$41,039,000 ..... 1991
The 1990 appropriation includes $33,800,000 for 1990.
The 1991 appropriation includes $5,965,000 for 1990 and
$35,074,000 for 1991.
Subd. 3. [CAPITAL EXPENDITURE EQUIPMENT AID.] For capital
expenditure equipment aid according to Minnesota Statutes,
section 124.244, subdivision 3:
$16,900,000 ..... 1990
$20,520,000 ..... 1991
The 1990 appropriation includes $16,900,000 for 1990.
The 1991 appropriation includes $2,983,000 for 1990 and
$17,537,000 for 1991.
Subd. 4. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 124.83, subdivision
5:
$8,168,000 ...... 1990
$10,796,000 ..... 1991
The 1990 appropriation includes $8,168,000 for 1990.
The 1991 appropriation includes $1,442,000 for 1990 and
$9,354,000 for 1991.
Subd. 8. [MAXIMUM EFFORT SCHOOL LOAN FUND.] For the
maximum effort school loan fund:
$855,500 ....... 1990
$2,100,000 ..... 1991
These appropriations shall be placed in the loan repayment
account of the maximum effort school loan fund for the payment
of the principal and interest on school loan bonds, as provided
in Minnesota Statutes, section 124.46, to the extent that money
in the fund is not sufficient to pay when due the full amount of
principal and interest due on school loan bonds. The purpose of
these appropriations is to ensure that sufficient money is
available in the fund to prevent a statewide property tax levy
as would otherwise be required pursuant to Minnesota Statutes,
section 124.46, subdivision 3. Notwithstanding the provisions
of Minnesota Statutes, section 124.39, subdivision 5, any amount
of the appropriation made in this section which is not needed to
pay when due the principal and interest due on school loan bonds
shall not be transferred to the debt service loan account of the
maximum effort school loan fund but instead shall cancel and
revert to the general fund.
The 1990 appropriation does not cancel and is available
until July 1, 1991.
Subd. 6. [HAZARDOUS SUBSTANCE AID.] For the final
adjustment payment of hazardous substance aid under Minnesota
Statutes 1987 Supplement, section 124.245, subdivision 3b:
$9,000 ..... 1990
The 1990 appropriation includes $9,000 for 1989.
Subd. 5. [CAPITAL EXPENDITURE AID.] For the final
adjustment payment of capital expenditure aid according to
Minnesota Statutes 1987 Supplement, section 124.244, subdivision
3:
$5,628,000 ..... 1990
The 1990 appropriation includes $5,628,000 for 1989.
Sec. 22. [REPEALER.]
Minnesota Statutes 1988, section 124.243, subdivision 4, is
repealed.
Sec. 23. [EFFECTIVE DATE.]
Section 10 is effective the day following final enactment.
ARTICLE 6
EDUCATION ORGANIZATION AND COOPERATION
Section 1. Minnesota Statutes 1988, section 121.904,
subdivision 4a, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district, including distributions
made pursuant to section 279.37, subdivision 7, and excluding
the amount levied pursuant to section sections 124.2721,
subdivision 3; 124.575, subdivision 3; and 275.125, subdivision
9a,; and Laws 1976, chapter 20, section 4.
(b) In June of each year, the school district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the June and July school district tax settlement
revenue received in that calendar year; or
(2) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2, which are for the fiscal year
payable in that fiscal year plus 27 27.8 percent of the amount
of the levy certified in the prior calendar year according to
section 124A.03, subdivision 2, plus or minus auditor's
adjustments, not including levy portions that are assumed by the
state; or
(3) 27 27.8 percent of the amount of the levy certified in
the prior calendar year, plus or minus auditor's adjustments,
not including levy portions that are assumed by the state, which
remains after subtracting, by fund, the amounts levied for the
following purposes:
(i) reducing or eliminating projected deficits in the
reserved fund balance accounts for unemployment insurance and
bus purchases;
(ii) statutory operating debt pursuant to section 275.125,
subdivision 9a, and Laws 1976, chapter 20, section 4; and
(iii) retirement and severance pay pursuant to section
sections 124.4945 and 275.125, subdivision 6a, and Laws 1975,
chapter 261, section 4; and
(iv) amounts levied for bonds issued and interest thereon,
amounts levied for debt service loans and capital loans, and
amounts levied pursuant to section 275.125, subdivision 14a.
(c) In July of each year, the school district shall
recognize as revenue that portion of the school district tax
settlement revenue received in that calendar year and not
recognized as revenue for the previous fiscal year pursuant to
clause (b).
(d) All other school district tax settlement revenue shall
be recognized as revenue in the fiscal year of the settlement.
Portions of the school district levy assumed by the state,
including prior year adjustments and the amount to fund the
school portion of the reimbursement made pursuant to section
273.425, shall be recognized as revenue in the fiscal year
beginning in the calendar year for which the levy is payable.
Sec. 2. Minnesota Statutes 1988, section 121.904, is
amended by adding a subdivision to read:
Subd. 4e. [COOPERATION LEVY RECOGNITION.] (a) A
cooperative district is a district or cooperative that receives
revenue according to section 124.2721 or 124.575.
(b) In June of each year, the cooperative district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2, that are for the fiscal year
payable in that fiscal year; or
(2) 27.8 percent of the difference between
(i) the sum of the amount of levies certified in the prior
year according to sections 124.2721, subdivision 3, and 124.575,
subdivision 3; and
(ii) the amount of transition aid paid to the cooperative
unit according to section 273.1392 for the fiscal year to which
the levy is attributable.
Sec. 3. Minnesota Statutes 1988, section 121.908,
subdivision 5, is amended to read:
Subd. 5. All governmental units formed by joint powers
agreements entered into by districts pursuant to section 120.17,
123.351, 471.59, or any other law and all educational
cooperative service units and education districts shall be
subject to the provisions of this section.
Sec. 4. Minnesota Statutes 1988, section 122.23, is
amended by adding a subdivision to read:
Subd. 13a. [CONSOLIDATION IN AN EVEN-NUMBERED YEAR.]
Notwithstanding subdivision 13, school districts may consolidate
during an even-numbered year if the school board and the
exclusive bargaining representative of the teachers in each
affected district agree to the effective date of the
consolidation. The agreement must be in writing and submitted
to the commissioner of education.
Sec. 5. [122.241] [COOPERATION AND COMBINATION.]
Subdivision 1. [SCOPE.] Sections 5 to 12 establish
procedures for school boards that adopt, by resolution, a
five-year written agreement:
(1) to provide at least secondary instruction cooperatively
for at least two years; and
(2) to combine into one district after cooperating.
Subd. 2. [COOPERATION REQUIREMENTS.] Cooperating districts
shall:
(1) have a written agreement according to section 122.541;
(2) all be members of one education district, if any one of
the districts is a member; and
(3) all be members of one ECSU, if any one of the districts
is a member.
Subd. 3. [COMBINATION REQUIREMENTS.] Combining districts
must be contiguous and meet one of the following requirements at
the time of combination:
(1) at least two districts with at least 400 resident
pupils enrolled in grades 7 through 12 in the combined district
and projections, approved by the department of education, of
enrollment at least at that level for five years;
(2) at least two districts, both of which qualify for
sparsity revenue under section 124A.22, subdivision 6, and have
an average isolation index over 23; or
(3) at least three districts with fewer than 420 resident
pupils enrolled in grades 7 through 12 in the combined district.
A combination under clause (3) must be approved by the
state board of education. The state board shall disapprove a
combination under clause (3) if the combination is educationally
unsound or would not reasonably enable the districts to fulfill
statutory and rule requirements.
Sec. 6. [122.242] [COOPERATION AND COMBINATION PLAN.]
Subdivision 1. [ADOPTION AND STATE BOARD REVIEW.] Each
school board must adopt, by resolution, a plan for cooperation
and combination. The plan must address each item in this
section. The plan must be specific for any item that will occur
within three years and may be general or set forth alternative
resolutions for an item that will occur in more than three
years. The plan must be submitted to the state board of
education for review and comment. Significant modifications and
specific resolutions of items must be submitted to the state
board for review and comment. In the official newspaper of each
district proposed for combination, the school board must publish
at least a summary of the adopted plans, each significant
modification and resolution of items, and each state board
review and comment.
Subd. 2. [RULE EXEMPTIONS.] The plan must identify the
rules of the state board of education from which the district
intends to request exemption, according to Minnesota Rules, part
3500.1000. The plan may provide information about state laws
that deter or impair cooperation or combination.
Subd. 3. [BOARD FORMATION.] The plan must state:
(1) whether the new district would have one elected school
board or whether it would have one elected school board and one
elected board for each elementary school exercising powers and
duties delegated to it by the school board of the entire
district;
(2) how many of the existing members of each district would
become members of the school board of the combined district and,
if so, a method to gradually reduce the membership to six or
seven; and
(3) if desired, election districts that include the
establishment of separate areas from each of the combining
districts from which school board members will be elected, the
boundaries of these election districts, and the initial term of
the member elected from each of these election districts.
Subd. 4. [ADMINISTRATION.] The plan must provide for:
(1) selection of one superintendent for the combined
district at a specified time, according to section 123.34,
subdivision 9; and
(2) alterations, if any, in administrative personnel and
duties.
Subd. 5. [EMPLOYEES.] The plan must state:
(1) procedures needed, at the time of combination, to
combine teachers into one bargaining unit, with the exclusive
representative determined according to section 122.532;
(2) procedures needed, at the time of combination, to
combine other bargaining units;
(3) procedures to negotiate, with the assistance of the
bureau of mediation services, an employment plan for licensed
employees affected by the agreement;
(4) procedures to negotiate, with the assistance of the
bureau of mediation services, an employment plan for nonlicensed
employees affected by the agreement; and
(5) incentives that may be offered to superintendents,
principals, teachers, and other licensed and nonlicensed
employees, such as early retirement, severance pay, and health
insurance benefits.
Subd. 6. [ACADEMIC PROGRAMS.] The plan must set forth:
(1) elementary curriculum and programs;
(2) improvements in secondary course offerings in at least
communications, mathematics, science, social studies, foreign
languages, physical education, health, and career education;
(3) procedures for involving parents, teachers, and other
interested people in developing learner outcomes in curricular
areas;
(4) procedures for involving teachers in determining levels
of learner outcomes;
(5) implications for special education cooperatives,
secondary vocational cooperatives, joint powers agreements,
education districts, and other cooperative arrangements if the
districts combined and if they did not; and
(6) a description of the long-range educational services of
the combined district and of the individual districts if the
combination is not achieved.
Subd. 7. [PUPIL ACTIVITIES.] The plan must provide for
combining extracurricular and cocurricular activities.
Subd. 8. [REFERENDUM.] The plan must set forth:
(1) procedures for a referendum, held prior to the year of
the proposed combination, to approve combining the school
districts; and
(2) whether a majority of those voting in each district
proposed for combination or a majority of those voting on the
question in the entire area proposed for combination would be
needed to pass the referendum.
Subd. 9. [FINANCES.] The plan must state:
(1) whether debt service for the bonds outstanding at the
time of combination remains solely with the district that issued
the bonds or whether the debt service for the bonds will be
assumed by the combined district and paid by the combined
district on behalf of the district that issued the bonds;
(2) the treatment of debt service levies and referendum
levies;
(3) two-, five-, and ten-year projections, prepared by the
department of education upon the request of any district, of
revenues, expenditures, and property taxes for each district if
it cooperated and combined and if it did not.
Subd. 10. [BUILDING SITES.] The plan must provide for:
(1) locations for elementary schools which need not be
altered and may contain assurances that, to the extent feasible,
elementary schools will be retained for at least the number of
years specified in the plan; and
(2) one location, if possible, for a secondary school.
Subd. 11. [TIMING.] The plan must contain a time schedule
for implementation.
Sec. 7. [122.243] [STATE BOARD AND VOTER APPROVAL.]
Subdivision 1. [STATE BOARD APPROVAL.] Before submitting
the question of combining school districts to the voters at a
referendum, the cooperating districts shall submit the proposed
combination to the state board of education. The state board
shall determine the date for submission and may require any
information it determines necessary. The state board shall
disapprove the proposed combination if it is educationally
unsound, will not reasonably enable the combined district to
fulfill statutory and rule requirements, or if the plan or
modifications are incomplete. If disapproved by the state
board, the referendum shall be postponed, but not canceled, by
the school boards.
Subd. 2. [VOTER APPROVAL.] During the second year of
cooperation, a referendum on the question of combination shall
be conducted. The referendum shall be on a date called by the
school boards. The referendum shall be conducted by the school
boards according to the Minnesota election law, as defined in
section 200.01. If the referendum fails, the same question or a
modified question may be submitted the following school year.
If a question is submitted, the second referendum must be
conducted on a date before October 1. If the referendum fails
again, the same question may not be submitted. A different
question may be submitted on any date before October 1.
Referendums shall be conducted on the same date in all districts.
Sec. 8. [122.244] [EFFECTIVE DATE OF COMBINATION.]
The effective date for combination of districts shall be
July 1.
Sec. 9. [122.245] [EMPLOYEES OF COOPERATING AND COMBINING
DISTRICTS.]
Subdivision 1. [COMBINED SENIORITY LIST.] During the
school year before the cooperation begins and during the school
years of cooperation, the districts shall comply with section
122.541, subdivision 5, unless compatible plans are negotiated
according to section 122.541, subdivision 4. The districts
shall comply with section 122.532.
Subd. 2. [NONLICENSED EMPLOYEES TERMINATION.] If
compatible plans are not negotiated according to section 6,
subdivision 5, the school boards shall comply with this
subdivision with respect to nonlicensed employees. Nonlicensed
employees whose positions are discontinued as a result of
cooperation or combination, as applicable, shall be:
(1) employed by a cooperating board or the combined board,
if possible;
(2) assigned to work in a cooperating district or the
combined district, if possible; or
(3) terminated in the inverse order in which they were
employed in a district, according to a combined seniority list
of nonlicensed employees in the cooperating or combined
district, as applicable.
Subd. 3. [EMPLOYMENT LAWS.] Unless otherwise explicitly
provided, chapter 179A governs the rights and duties of
employers and employees. Either party may promptly submit
questions of procedure, interpretation, or application to the
commissioner of mediation services.
Sec. 10. [122.246] [COUNTY AUDITOR PLAT.]
Upon the request of two or more districts that have adopted
a resolution to cooperate and combine, the county auditor shall
prepare a plat. If the proposed combined district is located in
more than one county, the request shall be submitted to the
county auditor of the county that has the greatest land area in
the proposed district. The plat shall show:
(1) the boundaries of each of the present districts;
(2) the boundaries of the proposed district;
(3) the boundaries of proposed election districts, if
requested; and
(4) other information deemed pertinent by the school boards
or the county auditor.
Sec. 11. [122.247] [LEVIES FOR DISTRICTS AT THE TIME OF
COMBINATION.]
Subdivision 1. [REFERENDUM LEVIES.] The referendum levy
authorization of the combined district shall be one of the
methods set forth in section 122.531, subdivision 2a, 2b, or 2c,
and must be consistent with the plan adopted according to
section 6, and any subsequent modifications.
Subd. 2. [BONDED DEBT.] Debt service for bonds outstanding
at the time of the combination may be levied by the combined
school board consistent with the plan adopted according to
section 6, and any subsequent modifications, subject to section
475.61. The primary obligation to pay the bonded indebtedness
that is outstanding on the effective date of combination remains
with the district that issued the bonds. However, the combined
district may make debt service payments on behalf of a
preexisting district.
Subd. 3. [TRANSITIONAL LEVY.] The board of the combined
district may levy for the expenses of negotiation,
administrative expenses directly related to the transition from
cooperation to combination, and the cost of necessary new
athletic and music uniforms. The board may levy this amount
over three or fewer years. All expenses must be approved by the
state board of education.
Sec. 12. [122.248] [REPORTS TO DEPARTMENT OF EDUCATION.]
Cooperating districts may submit joint reports and jointly
provide information required by the department of education.
The joint reports must allow information to be attributed to
each district. A combined district must report and provide
information as a single unit.
Sec. 13. Minnesota Statutes 1988, section 122.41, is
amended to read:
122.41 [POLICY.]
The policy of the state is to encourage organization of
school districts into units of administration to afford better
educational opportunities for all pupils, make possible more
economical and efficient operation of the schools, and insure
more equitable distribution of public school revenue. To this
end all area of the state shall be included in an independent or
special school district maintaining classified elementary and
secondary schools, grades 1 through 12, unless a district has
made an agreement with another district or districts as provided
in section sections 122.535 or, 122.541, or sections 5 to 12,
or 27, or has received a grant under sections 124.492 to 124.495.
Sec. 14. Minnesota Statutes 1988, section 122.43,
subdivision 1, is amended to read:
Subdivision 1. Any organized school district not a part of
an independent A school district maintaining classified shall
maintain elementary and secondary schools, grades 1 through
12 is dissolved, unless the district has made an agreement with
another district or districts as provided in section sections
122.535 or, 122.541, 5 to 12, or 27, or has received a grant
under sections 124.492 to 124.495.
Sec. 15. Minnesota Statutes 1988, section 122.532,
subdivision 3, is amended to read:
Subd. 3. The organization certified as the exclusive
bargaining representative for the teachers in the particular
preexisting district which employed the largest proportion of
the teachers who are assigned to a new employing district
according to subdivision 2 shall be certified as the exclusive
bargaining representative for the teachers assigned to that new
employing district, until that organization is decertified or
another organization is certified in its place pursuant to
sections 179A.01 to 179A.25. If no new contract has been
executed as of the effective date of the consolidation or
dissolution and attachment, the terms and conditions of
employment of teachers assigned to the new employing district
shall be temporarily governed by the contract executed by that
exclusive bargaining representative and that particular
preexisting district, until a new contract is executed between
the newly elected board or the board of the district to which a
dissolved district is attached and the exclusive bargaining
representative. For purposes of negotiation of a new contract
with the board of the new employing district and the
certification of an exclusive bargaining representative for
purposes of that negotiation, the teachers assigned to that
district shall be considered an appropriate unit of employees of
that district as of the date the county board orders its
interlocutory order of dissolution and attachment to be final
and effective or as of the date the commissioner assigns an
identification number to a new district created by
consolidation. During the school year before the consolidation
becomes effective, the newly elected board or the board of the
district to which a dissolved district is attached, may place
teachers assigned to it on unrequested leave of absence as
provided in section 125.12 according to: (a) a plan negotiated
in a new master contract between it and the exclusive bargaining
representative of the teachers assigned to it, or (b) if no such
plan exists, an applicable plan negotiated in the contract which
according to this subdivision will temporarily govern the terms
and conditions of employment of teachers assigned to it, or (c)
if no plan exists pursuant to either (a) or (b), the provisions
of section 125.12, subdivision 6b, on the basis of a combined
seniority list of all teachers assigned to it.
Sec. 16. Minnesota Statutes 1988, section 122.532, is
amended by adding a subdivision to read:
Subd. 3a. [INTERIM CONTRACTUAL AGREEMENTS.] (a) Until a
successor contract is executed between the new school board and
the exclusive representative of the teachers of the new
district, the school boards of both districts and the exclusive
representatives of the teachers of both districts may agree:
(1) to comply with the contract of either district with
respect to all of the teachers assigned to the new district; or
(2) that each of the contracts shall apply to the teachers
previously subject to the respective contract.
(b) In the absence of an agreement according to paragraph
(a), the following shall apply:
(1) if the effective date is July 1 of an even-numbered
year, each of the contracts shall apply to the teachers
previously subject to the respective contract and shall be
binding on the new school board; or
(2) if the effective date is July 1 of an odd-numbered
year, the contract of the district that previously employed the
largest proportion of teachers assigned to the new district
applies to all of the teachers assigned to the new district and
shall be binding on the new school board.
Sec. 17. Minnesota Statutes 1988, section 122.532,
subdivision 4, is amended to read:
Subd. 4. Except as provided in this section, the
provisions of section 125.12 or 125.17 shall apply to the
employment of each teacher by the new employing district on the
same basis as they would have applied to the employment if the
teacher had been employed by that new district before the
effective date of the consolidation or dissolution and
attachment. For the purpose of applying the provisions of
subdivision 3, clause (b) (c), and the provisions of section
125.12, subdivision 6b, pursuant to this section, a teacher's
date of first employment shall be the date of beginning
continuous employment in the preexisting district which employed
the teacher each school district must be considered to have
started school each year on the same date.
Sec. 18. Minnesota Statutes 1988, section 122.541, is
amended to read:
122.541 [INTERDISTRICT COOPERATION.]
Subdivision 1. [DISTRICT REQUIREMENTS.] The school boards
of two or more school districts may, after consultation with the
department of education, enter into an agreement providing
for the:
(1) discontinuance by a district all districts except one
of any of at least the 10th, 11th, and 12th grades kindergarten
through 12 or portions of those grades; and the
(2) instruction in a cooperating district of the pupils in
the discontinued grades or portions of grades; provided, the
board of a district discontinuing a grade pursuant to the
agreement in one of the cooperating districts. Each district
shall continue to maintain operate a school enrolling pupils
in with at least three grades. Before making entering into a
final an agreement permitted by this subdivision, the boards
shall provide a copy of this agreement to the commissioner of
education.
Subd. 2. [AID; TRANSPORTATION.] A (a) Each district
entering into an agreement permitted in subdivision 1 shall:
(1) continue to count its resident pupils who are educated
in a cooperating district as resident pupils in the calculation
of pupil units for all purposes, including the calculation of
state aids and levy limitations. Notwithstanding section
124.18, subdivision 2, an The agreement permitted by subdivision
1 shall provide for the tuition payments between or among the
cooperating districts determine are necessary and equitable to
compensate each district for the instruction of nonresident
pupils; and.
(2) (b) Each district shall continue to provide
transportation and collect transportation aid for its resident
pupils pursuant to sections 123.39, 124.223, and 124.225. This
clause shall not be construed to prohibit A district from
providing may provide some or all transportation to its resident
pupils by contracting with a cooperating district that has
entered the agreement. For purposes of aid calculations
pursuant to section 124.225, the commissioner may adjust the
base cost per eligible pupil transported to reflect changes in
costs resulting from an the agreement which provides for a
district to discontinue at least one grade.
Subd. 3. [TEACHER DEFINED.] As used in this section, the
term "teacher" shall have has the meaning given it in section
125.12, subdivision 1.
Subd. 4. [NEGOTIATED PLAN FOR DISCONTINUED TEACHERS.] The
school board and exclusive bargaining representative of the
teachers in each district discontinuing grades pursuant to an
agreement permitted by subdivision 1 may negotiate a plan for
the assignment to assign or employment employ in a cooperating
district or the placement to place on unrequested leave of
absence of all teachers whose positions are discontinued as a
result of the agreement. The school board and exclusive
bargaining representative of the teachers in each district
providing instruction to nonresident pupils pursuant to an
agreement permitted by subdivision 1 may negotiate a plan for
the employment of to employ teachers from a cooperating district
whose positions are discontinued as a result of the agreement.
If such plans are negotiated in cooperating districts and if the
boards determine the plans are compatible with one another, the
boards of the districts shall include the plans in their
agreement.
Subd. 5. [COMBINED SENIORITY LIST.] If compatible plans
are not negotiated pursuant to subdivision 4 before the March 1
preceding any year of the agreement permitted by subdivision 1,
the cooperating districts shall be governed by the provisions of
this subdivision. Insofar as possible, teachers who have
acquired continuing contract rights and whose positions are
discontinued as a result of the agreement shall be employed by a
cooperating district or assigned to teach in a cooperating
district as exchange teachers pursuant to section 125.13. If
necessary, teachers whose positions are discontinued as a result
of the agreement and who have acquired continuing contract
rights shall be placed on unrequested leave of absence in fields
in which they are licensed in the inverse order in which they
were employed by a cooperating district, according to a combined
seniority list of teachers in the cooperating districts. For
the purpose of establishing a combined seniority list, each
school district must be considered to have started school each
year on the same date.
Subd. 6. [NOTICE AND HEARING.] Prior to making entering
into an agreement permitted by subdivision 1, the school
board of a district participating in the agreement shall consult
with the community at an informational meeting. The board shall
publish notice of the meeting in the official newspaper of the
district and may send written notice of the meeting to parents
of pupils who would be affected by the plan.
Subd. 7. [MEETING LOCATION.] Notwithstanding any law to
the contrary, the school boards of districts with that have an
agreement under this section may hold a valid joint meeting at
any location that would be permissible for one of the school
boards participating in the meeting.
Sec. 19. Minnesota Statutes 1988, section 122.91,
subdivision 1, is amended to read:
122.91 [EDUCATION DISTRICT ESTABLISHMENT.]
Subdivision 1. [PURPOSE.] The purpose of an education
district is to increase educational opportunities for pupils
learners by increasing cooperation and coordination among school
districts and post-secondary institutions.
Sec. 20. Minnesota Statutes 1988, section 122.91, is
amended by adding a subdivision to read:
Subd. 2a. [AGREEMENT; SPECIAL PROVISIONS.] The education
district agreement may contain a special provision adopted by
the vote of a majority of the full membership of each of the
boards of the member school districts to allow a post-secondary
institution to become a member of the education district.
Sec. 21. Minnesota Statutes 1988, section 122.91,
subdivision 3, is amended to read:
Subd. 3. [REQUIREMENTS FOR FORMATION.] An education
district must have one of the following at the time of formation:
(1) at least five districts;
(2) at least four districts with a total of at least 5,000
pupils in average daily membership; or
(3) at least four districts with a total of at least 2,000
square miles.
Members of an education district must be contiguous.
Districts with a cooperation agreement according to section 18
may belong to an education district only as a unit.
A noncontiguous district may be a member of an education
district if the state board of education determines that:
(1) a district between the education district and the
noncontiguous district has considered and is unwilling to become
a member; or
(2) a noncontiguous configuration of member districts has
sufficient technological or other resources to offer effective
levels of programs and services required under sections 122.94,
subdivision 2, and 122.945.
Sec. 22. Minnesota Statutes 1988, section 122.91, is
amended by adding a subdivision to read:
Subd. 3a. [MEETING WITH REPRESENTATIVES.] Before entering
into an agreement, the school board of each member district must
meet and confer with the exclusive representatives of the
teachers of each school district proposing to enter the
education district.
Sec. 23. Minnesota Statutes 1988, section 122.91,
subdivision 5, is amended to read:
Subd. 5. [JOINDER AND WITHDRAWAL.] A process for a
district to join or withdraw from an education district shall be
included in the education district agreement.
If a school district withdraws from an education district
that receives revenue under section 124.2721 before the end of
the fiscal year for which a levy under section 124.2721 has been
certified, a reduction in the school district's general
education aid for the fiscal year to which the levy is
attributable must be made. The amount of aid reduction equals
the amount that the school district certified for that year
under section 124.2721 minus transition aid allocated for that
levy according to section 273.1398, subdivision 6. The amount
of the aid reduction shall be paid to the education district.
The school district need not transfer the revenue required under
section 36, subdivision 3a.
Sec. 24. Minnesota Statutes 1988, section 122.92, is
amended to read:
122.92 [EDUCATION DISTRICT BOARD.]
Subdivision 1. [SCHOOL DISTRICT REPRESENTATION.] The
education district board shall be composed of at least one
representative appointed by the school board of each member
district. The Each representative shall reside in the school
district must be a member of the appointing school board. The
Each representative shall serve at the pleasure of the
appointing school board and may be recalled by a majority vote
of the appointing school board. Each representative shall serve
for the term that is specified in the agreement. The board
shall select its officers from among its members and shall
determine the terms of the officers. The board shall adopt
bylaws for the conduct of its business.
Subd. 2. [POST-SECONDARY REPRESENTATION.] The education
district board may appoint, with the approval of the member
post-secondary institution, a representative from one or more
member post-secondary institutions as a member of the education
district board. Each post-secondary representative shall serve
at the pleasure of the education district board and may be
recalled by a majority vote of the education district board.
The education district agreement may specify issues on which a
post-secondary representative may vote.
Sec. 25. Minnesota Statutes 1988, section 122.93,
subdivision 2, is amended to read:
Subd. 2. [PERSONNEL.] The board may employ personnel as
necessary to provide and support the programs and services of
the education district. Education district staff shall
participate in retirement programs. Notwithstanding section
123.34, subdivision 9, a member district of an education
district may contract with the education district to obtain the
services of a superintendent. The person to provide the
services need not be employed by the education district or a
member district at the time the contract is entered into.
Sec. 26. Minnesota Statutes 1988, section 122.93, is
amended by adding a subdivision to read:
Subd. 7. [BUDGET.] The education district board must adopt
a budget for the expenditure of revenue received by the
education district. The budget must be included in the
five-year plan required under section 30.
Sec. 27. Minnesota Statutes 1988, section 122.93, is
amended by adding a subdivision to read:
Subd. 8. [DISCONTINUING GRADES.] The board of a school
district that is a member of an education district may
discontinue any of kindergarten through grade 12 or part of
those grades and provide instruction for those grades or parts
of grades within the education district.
Sec. 28. Minnesota Statutes 1988, section 122.94,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] An education district
board shall adopt a comprehensive agreement for continuous
learning. The agreement must address methods to improve the
educational opportunities available in the education district.
It must be submitted for review by all the educational
cooperative service units serving unit within which the majority
of the education district membership lies. The education
district board shall review the agreement annually and propose
necessary amendments to the member districts.
Sec. 29. Minnesota Statutes 1988, section 122.94, is
amended by adding a subdivision to read:
Subd. 6. [COMMON ACADEMIC CALENDAR.] For 1990-1991 and
later school years, the agreement must require a common academic
calendar for all member districts of an education district. For
purposes of this subdivision, a common academic calendar must
include at least the following:
(1) the number of days of instruction;
(2) the first and last days of instruction in a school
year; and
(3) the specific days reserved for staff development.
Before the 1990-1991 school year, each education district
must report to the state board of education on ways that other
components of the academic calendar in each member district will
affect the implementation of the five-year plan described in
section 30. Other components include the length of the school
day, the time the school day begins and ends, and the number of
periods in the day.
Sec. 30. [122.945] [EDUCATION DISTRICT PLAN.]
Subdivision 1. [FIVE-YEAR PLAN.] Each education district
must develop a five-year plan to increase educational
opportunities for all learners. The plan must give priority to
the mandated programs and services under section 122.94,
subdivision 2, with an emphasis on new, improved, or expanded
programs or services. The plan must emphasize the integration
of all aspects of education, including community education.
Teachers must be involved in developing the plan. The plan must
include at least the following components:
(1) a detailed description of the proposed increased
educational opportunities for pupils resulting from the new,
improved, or expanded programs or services;
(2) a budget for the current fiscal year and an estimated
budget for the next fiscal year;
(3) an estimate of the number of school districts and
pupils affected by program and service expenditures; and
(4) any other information required by the state board.
Subd. 2. [SUBMISSION AND APPROVAL OF FIVE-YEAR PLAN.] Each
education district must submit a five-year plan developed
according to subdivision 1 to the state board of education. An
education district established before January 1, 1990, must
submit a plan to the state board by April 1, 1990. An education
district established after December 31, 1989, must submit a plan
to the state board by April 1 of the first year that the
education district will certify the amount of education district
revenue to be raised under section 36. The board must approve
or disapprove the plan within 60 days of receiving it from the
education district.
Subd. 3. [UPDATING EDUCATION DISTRICT PLAN.] The state
board of education may require education districts to submit
updated five-year plans.
Subd. 4. [EDUCATION DISTRICT REVENUE.] An education
district must receive state board of education approval of its
five-year plan to be eligible for education district revenue
under section 124.2721, subdivision 6, for fiscal year 1991 and
thereafter.
Subd. 5. [EVALUATION OF FIVE-YEAR PLAN.] The state board
of education must annually evaluate the programs and services in
a selected number of education districts to determine compliance
with the five-year plan and any updated plans submitted to the
board under this section.
Sec. 31. Minnesota Statutes 1988, section 122.95, is
amended by adding a subdivision to read:
Subd. 1a. [FILLING POSITIONS; NEGOTIATED AGREEMENTS.] The
school boards in all member districts and exclusive bargaining
representatives of the teachers in all member districts may
negotiate a plan for filling positions resulting from
implementation of the education district agreement. If the plan
is negotiated among the member school districts and the
exclusive bargaining representative of each member school
district and unanimously agreed upon, in writing, the education
district shall include the plan in the education district
agreement. If a plan is not negotiated, the education district
is governed by subdivision 2.
Sec. 32. Minnesota Statutes 1988, section 122.95,
subdivision 2, is amended to read:
Subd. 2. [FILLING POSITIONS.] (a) When an education
district board or a member board is filling a position resulting
from implementation of the agreement, the board may offer the
position to a teacher currently employed by a member district
according to the exchange teacher provisions of section 125.13.
(b) If the position is not filled by a currently employed
teacher, the board shall offer the position to an available
teacher in the order of seniority in fields of licensure on a
combined seniority list of all available teachers in the member
districts. For the purpose of establishing a combined seniority
list, each school district must be considered to have started
school each year on the same date. An available teacher is a
teacher in a member district who:
(1) was placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
was terminated according to section 125.17, subdivision 11, not
more than one year before the initial formation of an education
district as a result of an intention to enter into an education
district agreement;
(2) was placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
was terminated according to section 125.17, subdivision 11, as a
result of implementing the education district agreement, after
the formation of the education district; or
(3) is placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
is terminated according to section 125.17, subdivision 11, as a
result of implementing the education district, in the same year
the position is filled.
(c) If no currently employed teacher or available teacher
accepts the position, the board may fill the position with any
other teacher.
(d) Any teacher who has been placed on unrequested leave of
absence or who has been terminated has a right to a position
only as long as the teacher has a right to reinstatement in a
member district under section 125.12, subdivision 6a or 6b, or
125.17, subdivision 11.
Sec. 33. Minnesota Statutes 1988, section 123.58,
subdivision 4, is amended to read:
Subd. 4. [MEMBERSHIP AND PARTICIPATION.] Full membership
in an ECSU shall be limited to public school districts of the
state but nonvoting associate memberships shall be available to
nonpublic school administrative units within the ECSU.
Participation in programs and services provided by the ECSU
shall be discretionary and. No school district shall be
compelled to participate in these services under authority of
this section, except that. However, all school districts whose
central administrative offices are within that ECSU whose
boundaries coincide with those of development region 11 shall
participate in the planning and planning research functions of
that ECSU. All of the members of an education district shall
belong to the same ECSU, if any members belong to an ECSU. No
planning or planning research decision of that ECSU shall be
binding on these region 11 districts. Nonpublic school students
and personnel are encouraged to participate in programs and
services to the extent allowed by law.
Sec. 34. Minnesota Statutes 1988, section 124.155,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF ADJUSTMENT.] In fiscal year 1984
and Each year thereafter, state aids and credits enumerated in
subdivision 2 payable to any school district, education
district, or secondary vocational cooperative for that fiscal
year shall be adjusted, in the order listed, by an amount equal
to (1) the amount the district, education district, or secondary
vocational cooperative recognized as revenue for the prior
fiscal year pursuant to section 121.904, subdivision 4a, clause
(b), plus revenue recognized according to section 2, minus (2)
the amount the district recognizes as revenue for the current
fiscal year pursuant to section 121.904, subdivision 4a, clause
(b), plus revenue recognized according to section 2. For the
purposes of making the aid adjustment under this subdivision,
the amount the district recognizes as revenue for either the
prior fiscal year or the current fiscal year pursuant to section
121.904, subdivision 4a, clause (b), plus revenue recognized
according to section 2, shall not include any amount levied
pursuant to section 124A.03, subdivision 2. Payment from the
permanent school fund shall not be adjusted pursuant to this
section. The school district shall be notified of the amount of
the adjustment made to each payment pursuant to this section.
Sec. 35. Minnesota Statutes 1988, section 124.155,
subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(a) general education aid authorized in section 124A.23;
(b) secondary vocational aid authorized in section 124.573;
(c) special education aid authorized in section 124.32;
(d) secondary vocational aid for handicapped children
authorized in section 124.574;
(e) aid for pupils of limited English proficiency
authorized in section 124.273;
(f) transportation aid authorized in section 124.225;
(g) community education programs aid authorized in section
124.271;
(h) adult education aid authorized in section 124.26;
(i) early childhood family education aid authorized in
section 124.2711;
(j) capital expenditure aid authorized in sections 124.244
and 124.245;
(k) education district aid according to section 124.2721;
(l) secondary vocational cooperative aid according to
section 124.575;
(m) homestead credit under section 273.13 for taxes payable
in 1989 and under section 273.1398 for taxes payable in 1990 and
thereafter;
(l) (n) agricultural credit under section 273.132 for taxes
payable in 1989 and under section 273.1398 for taxes payable in
1990 and thereafter; and
(m) (o) transition aid and disparity reduction aid
authorized in section 273.1398;
(n) (p) attached machinery aid authorized in section
273.138, subdivision 3.
The commissioner of education shall schedule the timing of
the adjustments to state aids and credits specified in
subdivision 1, as close to the end of the fiscal year as
possible.
Sec. 36. Minnesota Statutes 1988, section 124.2721, is
amended to read:
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, and section 30. The pupil units of
a school 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 school district may not be used
to obtain revenue under this section and section 124.575.
Subd. 2. [REVENUE.] Education district revenue is $60 per
actual pupil unit in each district that is a member of an
education district. Each year the education district board
shall certify to the department of education the amount of
revenue to be raised. Revenue for the education district shall
be the lesser of:
(1) $60 times the actual pupil units in the education
district, or
(2) the amount certified by the education district board.
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 gross tax capacity 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. The education
district levy is equal to the following:
(1) the education district revenue according to subdivision
2, times
(2) the lesser of
(a) one, or
(b) the ratio of the adjusted gross tax capacity for taxes
payable in 1990 and adjusted net tax capacity for taxes payable
in 1991 and thereafter of the education district divided by the
number of actual pupil units in the education district to an
amount equal to $60 divided by 1.5 percent for taxes payable in
1990 and 1.87 percent for taxes payable in 1991 and thereafter.
The department of education shall allocate the levy amount
proportionately among the member districts based on adjusted tax
capacity. The member districts shall levy the amount allocated.
Subd. 3a. [REVENUE TRANSFER.] Each year a member district
shall transfer revenue to the education district board according
to this subdivision. By June 20 and November 30 of each year,
an amount shall be transferred equal to:
(1) 50 percent times
(2) the amount certified in subdivision 3 minus transition
aid allocated for that levy according to section 273.1398,
subdivision 6.
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 is
under the control of the education district board. 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.
The education district board may pay to member school
districts a part of the education district revenue received by
the education district under this section only for programs that
are (1) available to all member districts, and (2) included in
the five-year plan under section 30.
Subd. 6. [CONSOLIDATION.] If all member districts of an
education district receiving revenue under this section or a
group of member districts of an education district receiving
revenue under this section that would qualify as an education
district under section 122.91, subdivision 3, consolidate into a
single independent school district by proceedings taken in
accordance with section 122.23, that consolidated district may
continue to receive education district revenue according to this
section.
Sec. 37. [124.2725] [COOPERATION AND COMBINATION REVENUE.]
Subdivision 1. [ELIGIBILITY.] A school district is
eligible for cooperation and combination revenue if it has a
plan approved by the state board of education according to
section 7.
Subd. 2. [COOPERATION AND COMBINATION REVENUE.]
Cooperation and combination revenue equals, for each resident
and nonresident pupil receiving instruction in a cooperating or
combined district, $100 times the actual pupil units. A
district may not receive revenue under this section if it levies
under section 275.125, subdivision 8e.
Subd. 3. [COOPERATION AND COMBINATION LEVY.] To obtain
cooperation and combination revenue, a district may levy an
amount equal to the cooperation and combination revenue
multiplied by the lesser of one or the following ratio:
(1) the quotient derived by dividing the adjusted gross tax
capacity for the district in the year preceding the year the
levy is certified by the actual pupil units in the district for
the year to which the levy is attributable, to
(2) the percentage, specified in subdivision 4, of the
equalizing factor for the school year to which the levy is
attributable.
Subd. 4. [INCREASING LEVY.] The percentage in subdivision
3, clause (2), shall be:
(1) 100 percent for the first year of cooperation;
(2) 75 percent for the second year of cooperation;
(3) 50 percent for the first year of combination; and
(4) 25 percent for the second year of combination.
Subd. 5. [COOPERATION AND COMBINATION AID.] For the first
two years of cooperation and the first two years of combination,
cooperation and combination aid is equal to the difference
between the cooperation and combination revenue and cooperation
and combination levy. Aid shall not be paid after two years of
combining.
Subd. 6. [ADDITIONAL AID.] In addition to the aid in
subdivision 5, districts shall receive aid under this
subdivision. For the first year of cooperation, a district
shall receive, for each resident and nonresident pupil receiving
instruction in a cooperating district, $100 times the actual
pupil units. For the first year of combination, the combined
district shall receive, for each resident and nonresident pupil
receiving instruction in the combined district, $100 times the
actual pupil units.
Subd. 7. [PROPORTIONAL AID.] If a district does not levy
the entire amount permitted under subdivision 3, the aid in
subdivisions 5 and 6 must be reduced in proportion to the actual
amount levied.
Subd. 8. [PERMANENT REVENUE.] For the third year of
combination and thereafter, a combined district may levy an
amount equal to the cooperation and combination revenue, defined
in subdivision 2.
Subd. 9. [SUBSEQUENT DISTRICTS.] If a district
subsequently cooperates or combines with districts that have
previously received revenue under this section, the new district
shall receive revenue, according to subdivision 4 or 6, as
though it had been a party to the initial agreement. The
previously cooperating or combined districts may not receive
revenue, according to subdivision 6 or 10, as though parties to
a new agreement.
Subd. 10. [REVENUE LIMIT.] Revenue under this section
shall not exceed the revenue received by cooperating districts
or a combined district with 2,000 actual pupil units.
Subd. 11. [USE OF REVENUE.] Revenue under this section
shall be used for expenses of cooperating and combining school
districts, including, but not limited to:
(1) secondary course offerings in communications,
mathematics, science, social studies, foreign languages,
physical education, health, and career education if the courses
have specific learner outcomes;
(2) participation by teachers in determining the learner
outcomes;
(3) staff in-service related to cooperation and
combination;
(4) any of the purposes set forth in section 124.243,
subdivision 6, clauses (3), (4), and (15), and section 124.244,
subdivision 4, clauses (2), (3), (4), (5), and (6), if the
purposes are related to courses offered cooperatively; and
(5) incentives for superintendents, principals, teachers,
and other licensed and nonlicensed employees, such as early
retirement, severance pay, and health insurance benefits.
Subd. 12. [JOINT PURPOSES.] Cooperating district revenue
may only be used for purposes of joint efforts between
cooperating districts. The revenue shall be in a separate
account. School boards shall mutually determine cooperative
expenditures.
Subd. 13. [REVENUE FOR EXTENDED COOPERATION.] If the state
board disapproves of the plan according to section 7,
subdivision 1, or if a second referendum fails under section 7,
subdivision 2, cooperation and combination revenue shall equal
$60 times the actual pupil units. Cooperation and combination
aid must be reduced by an amount equal to the aid paid under
subdivision 6 plus the difference between the aid paid under
subdivision 5 for the first two years of the agreement and the
aid that would have been paid if the revenue had been $60 times
the actual pupil units. If the aid is insufficient to recover
the entire amount, the department of education shall reduce
other aids due the district to recover the entire amount. The
cooperation and combination levy shall be reduced by an amount
equal to the difference between the levy for the first two years
of the agreement and the levy that would have been authorized if
the revenue had been $60 times the actual pupil units. A
district that receives revenue under this subdivision may not
also receive revenue according to sections 124.2721 and 124.575.
Subd. 14. [CESSATION OF REVENUE.] At any time the
districts cease cooperating, aid shall not be paid and the
authority to levy ceases.
Subd. 15. [RETIREMENT AND SEVERANCE LEVY.] A cooperating
or combined district may levy for severance pay or early
retirement incentives for licensed and nonlicensed employees who
retire early as a result of the cooperation or combination.
Sec. 38. Minnesota Statutes 1988, section 124.494,
subdivision 2, is amended to read:
Subd. 2. [REVIEW BY COMMISSIONER.] (a) Any group of
districts that submits an application for a grant shall submit a
proposal to the commissioner for review and comment under
section 121.15, and the commissioner shall prepare a review and
comment on the proposed facility, regardless of the amount of
the capital expenditure required to acquire, construct, remodel
or improve the secondary facility. The commissioner must not
approve an application for an incentive grant for any secondary
facility unless the facility receives a favorable review and
comment under section 121.15 and the following criteria are met:
(1) a minimum of three or more districts, with kindergarten
to grade 12 enrollments in each district of no more than 1,000
pupils, enter into a joint powers agreement;
(2) a joint powers board representing all participating
districts is established under section 471.59 to govern the
cooperative secondary facility;
(3) the planned secondary facility will result in the joint
powers district meeting the requirements of Minnesota Rules,
parts 3500.2010 and 3500.2110;
(4) at least 240 pupils would be served in grades 10 to 12,
320 pupils would be served in grades 9 to 12, or 480 pupils
would be served in grades 7 to 12;
(5) no more than one superintendent is employed by the
joint powers board as a result of the cooperative secondary
facility agreement;
(6) a statement of need is submitted, that may include
reasons why the current secondary facilities are inadequate,
unsafe or inaccessible to the handicapped;
(7) an educational plan is prepared, that includes input
from both community and professional staff;
(8) a combined seniority list for all participating
districts is developed by the joint powers board;
(9) an education program is developed that provides for
more learning opportunities and course offerings for students
than is currently available in any single member district; and
(10) a plan is developed for providing instruction of any
resident students in other districts when distance to the
secondary education facility makes attendance at the facility
unreasonably difficult or impractical.
(b) To the extent possible, the joint powers board is
encouraged to provide for severance pay or for early retirement
incentives under section 125.611, for any teacher or
administrator, as defined under section 125.12, subdivision 1,
who is placed on unrequested leave as a result of the
cooperative secondary facility agreement.
(c) For the purpose of paragraph (a), clause (8), each
school district must be considered to have started school each
year on the same date.
Sec. 39. [124.4946] [TRANSPORTATION.]
The joint powers board representing the districts that have
entered into a joint powers agreement under section 124.494,
subdivision 2, or the boards of the districts that are
contiguous to the districts that have entered into a joint
powers agreement, may transport nonresident pupils without
charge between a school within the district and a point within a
district that has entered into a joint powers agreement chosen
by the pupil on a route traveled by a bus from the district.
Sec. 40. Minnesota Statutes 1988, section 124.575,
subdivision 2, is amended to read:
Subd. 2. [REVENUE.] Secondary vocational cooperative
revenue is $20 per actual pupil unit in the participating school
districts of a secondary vocational cooperative. Each year the
secondary vocational cooperative board shall certify to the
department of education the amount of revenue to be raised.
Revenue for the secondary vocational cooperative shall be the
lesser of:
(1) $20 times the actual pupil units in the secondary
vocational cooperative, or
(2) the amount certified by the secondary vocational
cooperative board.
Sec. 41. Minnesota Statutes 1988, section 124.575,
subdivision 3, is amended to read:
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 gross tax capacity 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. The secondary
vocational cooperative levy is equal to the following:
(1) the secondary vocational cooperative revenue according
to subdivision 2, times
(2) the lesser of
(a) one, or
(b) the ratio of the adjusted gross tax capacity for taxes
payable in 1990 and adjusted net tax capacity for taxes payable
in 1991 and thereafter of the secondary vocational cooperative
divided by the number of actual pupil units in the secondary
vocational cooperative to an amount equal to $20 divided by .6
percent for taxes payable in 1990 and .74 percent for taxes
payable in 1991 and thereafter.
The department of education shall allocate the levy amount
proportionately among the member districts based on adjusted tax
capacity. The member districts shall levy the amount allocated.
Sec. 42. Minnesota Statutes 1988, section 124.575, is
amended by adding a subdivision to read:
Subd. 3a. [REVENUE TRANSFER.] Each year a member district
shall transfer revenue to the secondary vocational cooperative
according to this subdivision. By June 20 and November 30 of
each year, an amount shall be transferred equal to:
(1) 50 percent times
(2) the amount certified in subdivision 3 minus transition
aid allocated for that levy according to section 273.1398,
subdivision 6.
Sec. 43. [129B.12] [GRANTS FOR COOPERATION AND
COMBINATION.]
Subdivision 1. [ELIGIBILITY.] Two or more districts that
have adopted a plan according to section 6 may apply for a grant
under this section. The grant shall be awarded after the
districts combine according to sections 5 to 12.
Subd. 2. [PROCEDURES.] The state board shall establish
procedures and deadlines for the grants. The state board shall
review each application for a grant and may require
modifications consistent with sections 5 to 12.
Subd. 3. [GRANT AMOUNT.] The state board shall determine
the amount of a grant according to the needs of the districts to
effectuate combination. A grant may not exceed $250,000.
Subd. 4. [USE OF GRANT MONEY.] The grant money may be used
for any purpose related to combining school districts,
including, but not limited to:
(1) secondary course offerings in communications,
mathematics, science, social studies, foreign languages,
physical education, health, and career education if the courses
have specific learner outcomes;
(2) staff development related to cooperation; and
(3) any of the purposes set forth in section 124.243,
subdivision 6, clauses (3), (4), and (15), and section 124.244,
subdivision 4, clauses (2), (3), (4), (5), and (6), in all cases
only if related to courses offered cooperatively.
Sec. 44. Minnesota Statutes 1988, section 136D.27,
subdivision 1, is amended to read:
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 gross tax capacity for special
education and .7 mills on each dollar of adjusted gross tax
capacity for expenses for secondary vocational education. the
greater of:
(a) the amount of levy certified for taxes payable in 1989;
or
(b) the lesser of (1) $60 times the actual pupil units in
the participating district for the fiscal year to which the levy
is attributable, or (2) 1.1 percent of adjusted gross tax
capacity. Each participating school district shall include
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. These
levies shall not be included in computing the limitations upon
the levy of any participating district. The board may, any time
after 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.
Five-elevenths of the proceeds of the levy must be used for
special education and six-elevenths of the proceeds of the levy
must be used for secondary vocational education.
Sec. 45. Minnesota Statutes 1988, section 136D.74,
subdivision 2, is amended to read:
Subd. 2. [TAX LEVY.] Each year the intermediate school
board may certify to each county auditor of each county in which
said intermediate school district shall lie, as a single taxing
district, tax levies that shall not in any year exceed .6 mills
on each dollar of adjusted gross tax capacity for expenses for
special education and .7 mills on each dollar of adjusted gross
tax capacity for expenses for secondary vocational education.
the greater of:
(a) the amount of levy certified for taxes payable in 1989;
or
(b) the lesser of (1) $60 times the actual pupil units in
the participating district for the fiscal year to which the levy
is attributable, or (2) 1.1 percent of adjusted gross tax
capacity. Said annual tax levies shall be certified pursuant to
section 275.07. Upon such certification the county auditor or
auditors and other appropriate county officials shall levy and
collect such levies and remit the proceeds of collection thereof
to the intermediate school district as in the case with
independent school districts. Such levies shall not be included
in computing the limitations upon the levy of any of the
participating districts.
Five-elevenths of the proceeds of the levy must be used for
special education and six-elevenths of the proceeds of the levy
must be used for secondary vocational education.
Sec. 46. Minnesota Statutes 1988, section 136D.87,
subdivision 1, is amended to read:
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 gross tax capacity for expenses for
special education and .7 mills on each dollar of adjusted gross
tax capacity for expenses for secondary vocational education.
the greater of:
(a) the amount of levy certified for taxes payable in 1989;
or
(b) the lesser of (1) $60 times the actual pupil units in
the participating district for the fiscal year to which the levy
is attributable, or (2) 1.1 percent of adjusted gross tax
capacity. Each participating school district shall include
these tax levies in the next tax roll which it shall certify to
the county auditor or auditors and shall remit the collections
of these levies to the board promptly when received. These
levies shall not be included in computing the limitations upon
the levy of any participating district. The board may, any time
after these levies have been certified to the participating
school districts, issue and sell certificates of indebtedness in
anticipation of the collection of levies, but in aggregate
amounts that will not exceed the portion of the levies which is
then not collected and not delinquent.
Five-elevenths of the proceeds of the levy must be used for
special education and six-elevenths of the proceeds of the levy
must be used for secondary vocational education.
Sec. 47. Minnesota Statutes 1988, section 273.1398,
subdivision 6, is amended to read:
Subd. 6. [PAYMENT.] The commissioner shall certify the
aids provided in subdivisions 2 and 3 before September 30 of the
year preceding the distribution year to the county auditor of
the affected local government and pay them and the credit
reimbursements to local governments other than school districts
at the times provided in section 477A.015 for payment of local
government aid to taxing jurisdictions. Aids and credit
reimbursements to school districts must be certified to the
commissioner of education and paid under section 273.1392.
Except for education districts and secondary cooperatives that
receive revenue according to section 124.2721 or 124.575,
payment shall not be made to any taxing jurisdiction that has
ceased to levy a property tax nor shall transition aid be
payable on the part of a levy to which transition aid was
separately allocated under subdivision 2, paragraph (b), clause
(2), which is no longer levied.
Sec. 48. Minnesota Statutes 1988, section 275.125,
subdivision 8e, is amended to read:
Subd. 8e. [INTERDISTRICT COOPERATION LEVY.] (a) 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.
(b) 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
124.2721; or
(2) has a written 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.
(c) The levy must not exceed the amount raised by one mill
times the adjusted gross tax capacity of the district for the
preceding year $50 times the actual pupil units, the cost of the
agreement to expand curricular offerings, or $50,000, whichever
is the smallest.
(d) A district that is a member of a secondary vocational
cooperative that levies under section 124.575, may levy the
difference between (1) the smallest amount raised by one mill
times the adjusted gross tax capacity of the district for the
preceding year and under paragraph (c), and (2) the amount
levied under section 124.575.
(e) 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. 49. Minnesota Statutes 1988, section 275.125, is
amended by adding a subdivision to read:
Subd. 11e. [EXTRA CAPITAL EXPENDITURE LEVY FOR COOPERATING
DISTRICTS.] A district that has an agreement according to
section 122.535 or 122.541 may levy for the repair costs, as
approved by the department of education, of a building located
in another district that is a party to the agreement.
Sec. 50. [1988-1989 INTERDISTRICT COOPERATION AGREEMENTS.]
Notwithstanding section 18, independent school district Nos.
424, Lester Prairie; 427, Winsted; and 880, Howard Lake, may
renew or continue an agreement according to Minnesota Statutes
1988, section 122.541, providing for instruction of pupils in
10th, 11th, and 12th grades in two districts.
Sec. 51. [BOARD OF CONSOLIDATED DISTRICT.]
Subdivision 1. [SCHOOL BOARD COMPOSITION.] Notwithstanding
any other law to the contrary, independent school districts Nos.
232, Peterson, and 234, Rushford, may elect a seven-member
school board in the first election after consolidation in the
following manner:
(1) two members elected from the Peterson school district,
one member for a one-year term and one member for a two-year
term;
(2) two members elected from the Rushford school district,
one member for a one-year term and one member for a two-year
term; and
(3) three members elected at large, each for a three-year
term.
Subsequent elections must comply with the general
provisions of law governing the election of school board members.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective upon
approval of the board of independent school district No. 232 and
the board of independent school district No. 234 the day
following compliance with Minnesota Statutes, section 645.021,
subdivision 3, by the board of independent school district No.
232 and the board of independent school district No. 234.
Sec. 52. [TECHNOLOGY REPORT.]
Subdivision 1. Between July 1, 1989 and February 15, 1990,
each school district, education district, intermediate district,
ECSU, and school district that is party to a cooperative
agreement must submit a report to the information policy office
in the department of administration for review and comment
before purchasing, contracting for, or otherwise committing to
new two-way interactive television equipment, or to a system or
service agreement other than a maintenance agreement, that
expands the capacity of two-way interactive television.
Subd. 2. Between July 1, 1989 and February 15, 1990, a
school district must file a report as specified in subdivision 1
of this section before receiving grant funds received under
section 53, subdivisions 5, 6, and 7.
Sec. 53. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [EDUCATION DISTRICT AID.] For education district
aid:
$4,653,000 ..... 1990
$3,967,000 ..... 1991
The 1990 appropriation includes $0 for 1989 and $4,652,000
for 1990.
The 1991 appropriation includes $822,000 for 1990 and
$3,145,000 for 1991.
Subd. 3. [COOPERATION AND COMBINATION AID.] For aid for
districts that cooperate and combine there is appropriated:
$75,000 ..... 1991.
Subd. 4. [SECONDARY VOCATIONAL COOPERATIVE AID.] For
secondary vocational cooperative aid:
$495,000 ..... 1990
$224,000 ..... 1991
The 1990 appropriation includes $0 for 1989 and $495,000
for 1990.
The 1991 appropriation includes $88,000 for 1990 and
$136,000 for 1991.
Subd. 5. [TELECOMMUNICATIONS GRANT.] For a grant to the
Wasioja cooperative, involving independent school district Nos.
201, Claremont; 202, Dodge Center; 205, West Concord; 253,
Goodhue; 254, Kenyon; 255, Pine Island; 258, Wanamingo; and 260,
Zumbrota, to support the cooperative educational technology
program:
$150,000 ..... 1990.
Subd. 6. [TELECOMMUNICATIONS GRANT.] For a grant to
independent school districts Nos. 356, 353, 444, 441, 524, 564,
592, 440, 678, 676, 682, 690, 390, 593, 595, 630, and 600 to
support a cooperative educational technology program:
$340,000 ..... 1990.
Subd. 7. [COMMUNICATIONS LINK GRANT.] For a grant to
independent school district No. 240, Blue Earth, to pay for the
cost of a communications link between the Blue Earth school
district and Mankato:
$4,500 ..... 1990.
The appropriation does not cancel but is available until
June 30, 1991.
Sec. 54. [TIME OF EFFECT.]
The changes in the composition of an education district
board required by section 122.92 must be made as soon as
possible after the effective date of section 122.92 as vacancies
occur or terms of members expire.
Sec. 55. [REPEALERS.]
Minnesota Statutes 1988, sections 122.96 and 129B.11, are
repealed.
Sec. 56. [EFFECTIVE DATE.]
Section 37 is effective for revenue for fiscal year 1991
and thereafter.
ARTICLE 7
ACCESS TO EXCELLENCE
Section 1. Minnesota Statutes 1988, section 120.06, is
amended by adding a subdivision to read:
Subd. 2a. [EDUCATION OF HOMELESS.] Notwithstanding
subdivision 1, a school district must not deny free admission to
a homeless person of school age solely because the school
district cannot determine that the person is a resident of the
school district.
Sec. 2. Minnesota Statutes 1988, section 121.11,
subdivision 7, is amended to read:
Subd. 7. [GENERAL SUPERVISION OVER EDUCATIONAL AGENCIES.]
The state board of education shall adopt goals for and exercise
general supervision over public schools and public educational
agencies in the state, classify and standardize public
elementary and secondary schools, and prepare for them outlines
and suggestive suggested courses of study. The board shall
develop a plan to attain the adopted goals. At the board's
request, the commissioner may assign department of education
staff to assist the board in attaining its goals. The
commissioner shall explain to the board in writing any reason
for refusing or delaying a request for staff assistance. The
board shall establish rules relating to examinations, reports,
acceptances of schools, courses of study, and other proceedings
in connection with elementary and secondary schools applying for
special state aid. The state board may recognize educational
accrediting agencies for the sole purposes of sections 120.101,
120.102, and 120.103.
Sec. 3. [121.111] [OFFICE OF EDUCATIONAL LEADERSHIP.]
Subdivision 1. [ESTABLISHMENT.] The office of educational
leadership is established within the department of education.
The purpose of the office is to assist school districts,
education districts, and other education organizations in
developing education policies that maximize the learning of all
pupils.
Subd. 2. [OFFICE STRUCTURE.] The assistant commissioner of
instructional effectiveness, in consultation with the assistant
commissioner of development and partnership effectiveness, shall
administer the office of educational leadership. A director in
the unclassified service appointed by the assistant commissioner
of instructional effectiveness shall manage the office.
Subd. 3. [RESEARCH PROJECT ON LEARNER OUTCOMES.] The
office shall develop a plan for a two-year research project to
determine the effectiveness of a learner outcome-based system of
education in improving pupils' learning. The plan shall include:
(1) specific educational goals to be attained;
(2) various options for achieving the goals;
(3) the development of a hierarchy of learner outcomes
composed of state learner goals, integrated learner outcomes and
program learner outcomes, and course, unit, and lesson learner
outcomes;
(4) mechanisms for communicating the progress and the
results of the research;
(5) an objective process for evaluating the progress and
results of the research that is performed by an independent
evaluator;
(6) alternatives for evaluating pupils' progress at the
classroom level; and
(7) methods of assessing pupils' thinking and
problem-solving skills.
Subd. 4. [RESEARCH ADVISORY COMMITTEE.] The state board of
education shall appoint an advisory committee of seven members
to assist the office in developing its two year plan. Committee
members shall solicit and obtain information and ideas from
school districts, education districts, and other education
organizations. Committee members, or their designees, shall
include the chairs of the task force on education organization,
the state curriculum advisory committee, the state board of
education, the Minnesota association of colleges of teacher
education, the education effectiveness council, the council on
vocational technical education, and the minority education
partnership.
Sec. 4. [124.276] [CAREER TEACHER AID.]
Subdivision 1. [ELIGIBILITY.] A school district that has a
career teacher program, according to sections 129B.41 to
129B.46, for one or more of its teachers is eligible for aid to
extend the teaching contract of a career teacher.
Subd. 2. [STATE SHARE OF EXTENDED CONTRACT.] The state
shall pay two-thirds of the portion of the teaching contract,
excluding fringe benefits, that is in addition to the standard
teaching contract of the district. The district shall pay the
remaining portion.
Subd. 3. [STATE BOARD APPROVAL.] The state board may
approve plans and applications for districts throughout the
state for career teacher aid. Application procedures and
deadlines shall be established by the state board.
Subd. 4. [USE OF AID.] Career teacher aid may be used only
to implement a career teacher program.
Sec. 5. Minnesota Statutes 1988, section 124A.036, is
amended by adding a subdivision to read:
Subd. 1a. [REPORTING; REVENUE FOR HOMELESS.] For all
school purposes, unless otherwise specifically provided by law,
a homeless pupil must be considered a resident of the school
district that enrolls the pupil.
Sec. 6. Minnesota Statutes 1988, section 124A.29, is
amended to read:
124A.29 [RESERVED REVENUE FOR STAFF DEVELOPMENT.]
Subdivision 1. [GENERAL STAFF DEVELOPMENT PROGRAMS.] Of a
district's basic revenue under section 124A.22, subdivision 2,
an amount equal to $10 times the number of actual pupil units
shall be reserved and may be used only to provide staff
development programs, according to section 126.70, subdivisions
1 and 2a. 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.
Subd. 2. [CAREER TEACHER STAFF DEVELOPMENT.] Of a
district's basic revenue under section 124A.22, subdivision 2,
an amount equal to $5 times the number of actual pupil units
shall be reserved by a district operating a career teacher
program according to sections 129B.42 to 129B.46. The revenue
may be used only to provide staff development for the career
teacher program.
Sec. 7. [124A.291] [RESERVED REVENUE FOR CAREER TEACHER
PROGRAM.]
A district that has a career teacher program may reserve
part of the basic revenue under section 124A.22, subdivision 2,
for the district's share, according to section 4, of the portion
of the teaching contract that is in addition to the standard
teaching contract of the district.
Sec. 8. Minnesota Statutes 1988, section 126.22,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible
according to subdivision 2, clause (a), (b), (c), or (d), may
enroll in 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.
(b) A pupil who is eligible according to subdivision 2,
clause (b), (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.
(c) A pupil who is eligible under subdivision 2, clause
(a), (b), (c), or (d), may enroll in any public secondary
education program.
(d) A pupil who is eligible under subdivision 2, clause
(a), (b), or (c), may enroll in any nonprofit, nonpublic,
nonsectarian school that has contracted with the school district
of residence to provide educational services.
(e) 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. 9. Minnesota Statutes 1988, section 126.22, is
amended by adding a subdivision to read:
Subd. 8. [ENROLLMENT VERIFICATION.] For eligible programs
under subdivision 3, paragraph (d), the department of education
shall pay 85 percent of the basic revenue of the district to the
eligible program and 15 percent of the basic revenue to the
resident district within 30 days after enrollment verification.
The department of education shall provide a form for the
eligible program to use for enrollment verification.
Sec. 10. Minnesota Statutes 1988, 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
dropouts or other eligible students under section 126.22,
subdivision 2, the resident district must reimburse the provider
an amount equal to at least 50 85 percent of the 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. 11. Minnesota Statutes 1988, section 126.661, is
amended by adding a subdivision to read:
Subd. 3a. [STATE LEARNER GOALS.] "State learner goals"
means the knowledge, skills, processes, values, and attitudes
pupils can expect to attain.
Sec. 12. Minnesota Statutes 1988, section 126.663,
subdivision 2, is amended to read:
Subd. 2. [MODEL STATE CORE CURRICULUM LEARNER OUTCOMES.]
The state board of education, with the assistance of the state
curriculum advisory committee and the office on educational
leadership shall identify and adopt a set of learner outcomes
that it considers to be goals, essential for each subject
area learner outcomes, and integrated learner outcomes for
curriculum areas, under section 120.101, subdivision 6, and for
career vocational curricula. Learner outcomes shall include
thinking and problem solving skills. The department of
education, in cooperation with the state curriculum advisory
committee, shall develop a validated research-based process to
identify a set of learner outcomes that are essential for each
subject area.
Sec. 13. Minnesota Statutes 1988, section 126.663,
subdivision 3, is amended to read:
Subd. 3. [MODEL LEARNER OUTCOMES.] The department shall
develop and maintain sets of model learner outcomes in state
board identified subject areas that it considers to be model
learner outcomes, including career vocational learner outcomes.
The department shall make the sets learner outcomes
available for use by a district at the option of the
districts upon request by a district. The sets Learner outcomes
shall be for pupils in kindergarten to grade 12. The department
shall consult with each of the public post-secondary systems and
with the higher education coordinating board in developing model
learner outcomes appropriate for entry into post-secondary
institutions. Learner outcomes shall include thinking and
problem solving skills.
Sec. 14. Minnesota Statutes 1988, section 126.67,
subdivision 5, is amended to read:
Subd. 5. [ASSESSMENT ITEM BANK.] The department shall
maintain an assessment item bank to provide assessment programs
items that are tailored designed to measure pupils' attainment
of state essential learner outcomes and specific educational
objectives learner outcomes of an individual school or
district. The department shall develop an item bank for at
least two curriculum areas each year. The department shall
develop and maintain an item bank for at least ten different
curriculum areas.
Sec. 15. Minnesota Statutes 1988, section 129B.41, is
amended to read:
129B.41 [CITATION.]
Sections 129B.41 129B.42 to 129B.47 129B.46 may be cited as
the "Minnesota improved learning and principal-teacher,
counselor-teacher, and career teacher act."
Sec. 16. Minnesota Statutes 1988, section 129B.42, is
amended to read:
129B.42 [PURPOSE OF THE CAREER TEACHER ACT.]
The legislature recognizes the unique and lifelong learning
and development process of all human beings. The legislature is
committed to the goal of maximizing the individual growth
potential of all students through the secondary
schools learners. The purposes of sections 129B.41 to
129B.47 the career teacher act are:
(a) (1) to offer improved learning career teacher programs
which emphasize basic and applied learning skills and the
liberal arts learning and development based on learner outcomes;
(b) (2) to recognize and utilize the unique skills that
teachers, students, family, and the community have in both the
teaching process and the learning and development process; and
(c) (3) to provide an opportunity for maximum use of
principals and teachers, principals, and counselors.
Sec. 17. Minnesota Statutes 1988, section 129B.44, is
amended to read:
129B.44 [ADVISORY COUNCIL.]
The school board of a district providing an improved
learning a career teacher program shall appoint an advisory
council. Council members shall be selected from the school
attendance area in which programs are provided. Members of the
council may include students, teachers, principals,
administrators and community members. A majority of the members
shall be parents with children participating in the local
program. The local advisory council shall advise the school
board in the development, coordination, supervision, and review
of the improved learning career teacher program. The council
shall meet at least two times each year with any established
community education advisory council in the district. Members
of the council may be members of the community education
advisory council. The council shall report to the school board.
Sec. 18. Minnesota Statutes 1988, section 129B.45, is
amended to read:
129B.45 [CAREER TEACHER PROGRAM COMPONENTS.]
Subdivision 1. [MANDATORY COMPONENTS.] An improved
learning A career teacher program shall include:
(a) (1) participation by a designated individual as a
career teacher, principal-teacher, career or counselor teacher,
or counselor-teacher, as defined in sections 129B.46 and
129B.47;
(b) a plan (2) an emphasis on each individual child's
unique learning and development needs;
(3) procedures to give the career teacher a major
responsibility for leadership of the instructional and
noninstructional activities of each child beginning with early
childhood family education;
(4) procedures to involve parents in planning the
educational learning and development experiences of their
children;
(c) an annual plan for the district to evaluate program
goals and objectives;
(d) a plan (5) procedures to implement outcome based
education by focusing on the needs of the learner;
(6) procedures to coordinate and integrate the
instructional program with all community education programs;
(7) procedures to concentrate career teacher programs at
sites that provide early childhood family education and
subsequent learning and development programs; and
(8) procedures for the district to fund the program after
the third year of the program.
Subd. 2. [OPTIONAL COMPONENTS.] An improved learning A
career teacher program may include:
(a) (1) efforts to improve curricula strategies,
instructional strategies, and use of materials which that
respond to the individual educational needs and learning styles
of each pupil in order to enable each pupil to make continuous
progress and to learn at a rate appropriate to that pupil's
abilities;
(b) (2) efforts to develop student abilities in basic
skills; applied learning skills; and, when appropriate, arts;
humanities; physical, natural, and social sciences;
multicultural education; physical, emotional, and mental health;
consumer economics; and career education;
(c) (3) use of community resources and communications media
to pursue improved learning and development opportunities for
pupils;
(d) (4) staff development for teachers and other school
personnel;
(e) (5) improvements to the learning and development
environment, including use of the community in general, to
enhance the learning and development process;
(f) (6) cooperative efforts with other agencies involved
with human services or child development and development of
alternative community based learning and development
experiences;
(g) apprenticeship (7) post-secondary education components
for pupils who are able to accelerate or programs for pupils
with special abilities and interests who are given advanced
learning and development opportunities within existing programs;
(h) (8) use of volunteers in the learning and development
program;
(i) (9) flexible attendance schedules for pupils;
(j) (10) adult education component;
(k) (11) coordination with early childhood and family
education and community education programs;
(l) (12) variable student/faculty ratios for special
education students to provide for special programming;
(m) (13) inclusion of nonpublic pupils as part of the ratio
in the career teacher, principal-teacher, and career counselor
teacher component;
(n) (14) application of educational research findings;
(o) (15) summer learning and development experiences for
students as recommended by the career teacher, principal-teacher
, and career counselor teacher;
(p) (16) use of educational education assistants, teacher
aides, or paraprofessionals as part of the improved learning
career teacher program;
(q) (17) establishment of alternative criteria for high
school graduation; and
(r) (18) variable age and class learning size groupings of
students.
Sec. 19. Minnesota Statutes 1988, section 129B.46, is
amended to read:
129B.46 [PRINCIPAL-TEACHER AND CAREER TEACHER COMPONENT.]
Subdivision 1. [STATUS.] An improved learning A career
teacher program may include a career teacher, principal-teacher
and career teacher, and counselor teacher component. The career
teacher, principal-teacher, and career counselor teacher shall
not be the exclusive teacher for students assigned to them but
shall serve as a primary teacher and perform the function of
developing and implementing a student's overall learning and
development program. The career teacher, principal-teacher, and
career counselor teacher may be responsible for
regular classroom assignments as well as learning and
development programs for other assigned students.
Subd. 2. [QUALIFICATIONS.] (a) An individual employed as a
principal-teacher must be licensed as a principal by the state
board of education and shall be considered a principal as
defined in section 179A.03, subdivision 12, for purposes of the
public employment labor relations act.
(b) An individual employed as a career teacher must be
licensed as a teacher by the state board of teaching and shall
be considered a teacher as defined in section 179A.03,
subdivision 18, for purposes of the public employment labor
relations act chapter 179A.
(b) An individual employed as a principal teacher must be
licensed as a teacher and shall be considered a principal, as
defined in section 179A.03, subdivision 12, for purposes of
chapter 179A.
(c) An individual employed as a counselor teacher must be
licensed as a counselor and shall be considered a teacher, as
defined in section 179A.03, subdivision 18, for purposes of
chapter 179A.
Subd. 3. [STAFF/STUDENT RATIO.] (a) Except as provided in
clause (b), one career teacher, principal-teacher, or career
counselor teacher shall be assigned for every 125 students. For
each special education student included in the assignment, the
1:125 ratio shall be reduced by one.
(b) One principal-teacher shall be assigned for every 50
students when the principal-teacher is also the principal of the
school.
Subd. 4. [SELECTION; RENEWAL.] (a) The school board shall
establish procedures for teachers and, principals, and
counselors to apply for the position of career teacher,
principal-teacher and career, or counselor teacher. The
authority for selection of career teachers, principal-teachers,
and career counselor teachers shall be vested in the board and
no individual shall have a right to employment as a career
teacher, principal-teacher, or career counselor teacher based on
seniority or order of employment in the district.
(b) Employment of the career teacher, principal-teacher,
and career counselor teacher shall may be on a 12-month basis
with vacation time negotiated individually with the board. The
annual contract of a career teacher, principal-teacher, or
career counselor teacher may not be renewed, as the board shall
see fit; provided, however, the board shall give any such
teacher whose contract as a career teacher, principal-teacher,
or career counselor teacher it declines to renew for the
following year written notice to that effect before April 15.
If the board fails to renew the contract of a career teacher,
principal-teacher, or career counselor teacher, that individual
shall be reinstated to another position in the district if
eligible pursuant to section 125.12 or 125.17.
Subd. 5. [DUTIES.] The career teacher, principal-teacher,
and career counselor teacher shall be responsible for:
(a) (1) the overall education and, learning, and
development plan of assigned students. This plan shall be
designed by the career teacher, principal-teacher, and career
counselor teacher with the student, parents, and other faculty,
and shall seek to maximize the learning and development
potential and maturation level of each pupil;
(b) (2) measuring the proficiency of the assigned students
and assisting other staff in identifying pupil needs and making
appropriate educational and subject groupings;
(c) (3) when part of the district's plan, taking
responsibility for the parent and early childhood education of
assigned students;
(d) (4) designing and being responsible for program
components which meet special learning needs of high potential
and talented students; and
(e) (5) coordinating the ongoing, year-to-year learning and
development program for assigned students; and
(6) developing learning and development portfolios.
Sec. 20. [MINORITY TEACHER INCENTIVES.]
During the biennium, a school district that has a minority
enrollment of more than ten percent or that has a desegregation
plan approved by the state board shall be reimbursed if it
employs a minority teacher who has not taught in a Minnesota
school district during the school year before the year the
teacher is employed according to this section. The
reimbursement shall equal one-half of the salary and fringe
benefits, but not more than $20,000. The district shall receive
reimbursement for each year during the biennium that a minority
teacher is employed.
The department of education shall contract with an outside
agency, school district, or group of districts to assist in
recruiting minority teachers from outside the state.
The department of education shall establish application or
other procedures for districts to obtain the entire
reimbursement amount. The department shall not prorate the
reimbursement amount.
For the purposes of this section, a minority person is an
African American, American Indian, Asian Pacific American, or an
American of Mexican, Puerto Rican, or Spanish origin or ancestry.
Sec. 21. [RESEARCH AND DEVELOPMENT SITES.]
Subdivision 1. [SITE CHARACTERISTICS.] The state board of
education shall select up to ten sites, including public schools
or classrooms, school districts, and education districts, to
serve as research and development sites to examine and implement
learner outcome-based education policies.
The office of educational leadership shall coordinate the
learner outcome-based education efforts of each research and
development site and shall provide technical assistance upon
request.
The educational activities and policies of each site must
conform with the research plan of the office developed under
section 121.111, subdivision 3. The sites must be located in
different geographical areas of the state, and include school
populations of various sizes and schools at various stages of
implementing a learner outcome-based system of education. The
sites must establish and maintain an affiliation with a teacher
preparation institution that incorporates a learner
outcome-based system of education in training beginning
teachers. The sites may have been pilot or demonstration sites
for other education improvement programs. Sites may be chosen
to demonstrate how vocational outcomes can be integrated into a
comprehensive education curriculum.
Subd. 2. [SELECTION CRITERIA.] The office of educational
leadership, in consultation with the research advisory
committee, shall develop criteria the state board shall use to
award two year grants. The office shall determine the form and
manner by which to apply for grants. The office may consider
the following in developing selection criteria, including:
(1) building upon the PER process for curriculum
development under sections 126.661 to 126.67;
(2) identifying or developing district resources and
management policies under section 126.666, subdivision 1;
(3) developing policies for involving teachers in
identifying and integrating learner outcomes and establishing
levels of attainment of learner outcomes by classroom, by school
and by district;
(4) incorporating alternative technology-based learning
models and administrative practices that promote individualized
learning;
(5) incorporating staffing alternatives, including a career
teacher program and teacher mentors;
(6) developing and using multiple assessment indicators;
(7) identifying and incorporating into district or
site-based education programs the career vocational learner
outcomes that ensure the articulation of secondary and
post-secondary vocational programs;
(8) examining state board of education and state board of
teaching rules that affect learner outcome-based education;
(9) developing site-based management and collaborative
decision making;
(10) identifying the professional needs of education staff
and designing staff programs to implement outcome based
education; and
(11) developing alternative models for grouping pupils
according to their attainment of learner outcomes.
Sites may use staff development revenue under section 126.70 to
accomplish clauses (3) and (10).
Subd. 3. [REQUIREMENTS OF SITES.] To be considered for
selection as a site by the state board, an applicant must
develop a written proposal that describes the activities to be
conducted at the site. The site proposal must include:
(1) plans for a two-year project;
(2) specific goals to be achieved in the first and second
years;
(3) documentation that will allow other districts to
replicate the activities of the proposed site;
(4) procedures to involve the community in the project; and
(5) a budget.
The state board, in consultation with the office, shall
select the sites and determine the amount of the grant to be
awarded to each site by October 1, 1989.
Sec. 22. [REPORT OF OFFICE OF EDUCATIONAL LEADERSHIP.]
By January 15, 1991, the office of educational leadership
shall submit to the education committees of the legislature an
interim evaluation of the progress of the ten sites in
implementing their plans. By January 15, 1992, the office shall
submit a final evaluation of the efforts of the ten sites to
implement learner outcome-based education.
Sec. 23. [APPROPRIATIONS FOR THE OFFICE OF EDUCATIONAL
LEADERSHIP.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the office of educational
leadership for the fiscal years indicated.
Subd. 2. [RESEARCH AND DEVELOPMENT GRANTS.] For grants for
research and development sites:
$1,050,000 ..... 1990
Up to $50,000 may be used for administration and evaluation.
Any unexpended balance remaining from fiscal year 1990 does
not cancel and is available for fiscal year 1991.
Subd. 3. [TECHNICAL ASSISTANCE; RESEARCH AND DEVELOPMENT
SITES.] For technical assistance to research and development
sites:
$250,000 ..... 1990
$250,000 ..... 1991
Sec. 24. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [ADULT GRADUATION AID.] For adult graduation aid:
$1,238,000 ..... 1990
$1,573,000 ..... 1991
The 1990 appropriation includes $0 for 1989 and $1,238,000
for 1990.
The 1991 appropriation includes $219,000 for 1990 and
$1,354,000 for 1991.
Subd. 3. [AREA LEARNING CENTER GRANTS.] For grants to area
learning centers:
$150,000 ..... 1990
$150,000 ..... 1991
Subd. 4. [ARTS PLANNING GRANTS.] For grants for arts
planning according to Minnesota Statutes, section 129B.20:
$38,000 ..... 1990,
$38,000 ..... 1991.
Any unexpended balance in the first year does not cancel
but is available for fiscal year 1991.
Subd. 5. [PER PROCESS AID.] For the planning, evaluating,
and reporting process according to Minnesota Statutes, section
124.274:
$1,038,000 ..... 1990
$1,046,000 ..... 1991
Subd. 6. [CAREER TEACHER AID.] For career teacher aid:
$1,000,000 ..... 1990
This appropriation is available until June 30, 1991.
Subd. 7. [MINORITY TEACHER INCENTIVES.] For minority
teacher incentives:
$1,000,000 ..... 1990
This appropriation is available until June 30, 1991.
Sec. 25. [REPEALER.]
Minnesota Statutes 1988, section 129B.47, is repealed.
ARTICLE 8
OTHER EDUCATION PROGRAMS
Section 1. Minnesota Statutes 1988, section 121.11,
subdivision 14, is amended to read:
Subd. 14. [SCHOOL LUNCH PROGRAM, REVOLVING FUND.] The
commissioner of finance shall establish for the state board a
revolving fund for deposit of storage and handling charges paid
by recipients of donated foods shipped by the school lunch
section of the department of education. These funds are to be
used only to pay storage and related charges as they are
incurred for United States Department of Agriculture foods.
The commissioner of finance shall also establish a
revolving fund for the department of education to deposit
charges paid by recipients of processed commodities and for any
authorized appropriation transfers for the purpose of this
subdivision. These funds are to be used only to pay for
commodity processing and related charges as they are incurred
using United States Department of Agriculture donated
commodities.
Sec. 2. Minnesota Statutes 1988, section 124.195,
subdivision 8, is amended to read:
Subd. 8. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One
hundred percent of the aid for the last fiscal year must be paid
for the following aids: abatement aid according to section
124.214, subdivision 2; special education residential aid
according to section 124.32, subdivision 5; special education
pupil aid according to section 124.32, subdivision 6; special
education summer school aid, according to section 124.32,
subdivision 10; and planning, evaluating, and reporting process
aid according to section 124.274.
Sec. 3. Minnesota Statutes 1988, section 124.195,
subdivision 9, is amended to read:
Subd. 9. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] One
hundred percent of the aid for the current fiscal year must be
paid for the following aids: management information center
subsidies, according to section 121.935; reimbursement for
transportation to post-secondary institutions, according to
section 123.3514, subdivision 8; handicapped adult program aid,
according to section 124.271, subdivision 7; school lunch aid,
according to section 124.646; tribal contract school aid,
according to article 3, section 15; hearing impaired support
services aid, according to section 121.201; Indian
post-secondary preparation grants according to section 124.481;
and desegregation integration grants according to Laws 1987,
chapter 398, article 6, section 18 section 14, subdivision 3.
Sec. 4. Minnesota Statutes 1988, section 124.252,
subdivision 3, is amended to read:
Subd. 3. [DISTRICT AID.] An eligible district shall
receive 54 cents in fiscal year 1987 and each year thereafter
for each pupil, in average daily membership enrolled in a public
elementary, secondary, or technical institute or nonpublic
elementary or secondary school. Aid for nonpublic school pupils
shall be paid to the district upon request by or on behalf of
the pupils. No school district shall receive less than $1,040
in fiscal year 1987 and each year thereafter.
Sec. 5. [124.6472] [SCHOOL BREAKFAST PROGRAM]
Subdivision 1. [BREAKFAST REQUIRED.] A school district
shall offer a school breakfast program in every school building
in which:
(1) at least 40 percent of the school lunches served during
the 1989-1990 school year were served free or at a reduced
price; or
(2) at least 15 percent of the children in the school would
take part in the program, as indicated by a survey of the
parents in the school.
Subd. 2. [EXEMPTION.] Subdivision 1 does not apply to a
school in which fewer than 25 pupils are expected to take part
in the program.
Sec. 6. [SCHOOL BREAKFAST SURVEY.]
Subdivision 1. [SURVEY REQUIRED.] By October 1, 1990, a
school district shall complete a survey of parents of pupils
enrolled in each school to determine the number of parents who
are interested in having their children participate in a school
breakfast program.
Subd. 2. [APPLICABILITY.] This section does not apply to a
school building:
(1) that has a school breakfast program; or
(2) that is subject to section 5, subdivision 1, clause (1).
Subd. 3. [REPORTS.] Each school district shall report the
survey results, including anticipated costs of providing the
program, to the commissioner of education by November 1, 1990.
Sec. 7. [127.46] [SEXUAL HARASSMENT AND VIOLENCE POLICY.]
Each school board shall adopt a written sexual harassment
and sexual violence policy that conforms with sections 363.01 to
363.15. The policy shall apply to pupils, teachers,
administrators, and other school personnel, include reporting
procedures, and set forth disciplinary actions that will be
taken for violation of the policy. Disciplinary actions must
conform with collective bargaining agreements and sections
127.27 to 127.39. The policy must be conspicuously posted in
each school building and included in each school's student
handbook on school policies.
Sec. 8. [127.455] [MODEL POLICY.]
The commissioner of education shall maintain and make
available to school boards a model sexual harassment and
violence policy. The model policy shall address the
requirements of section 127.45.
Each school board shall submit to the commissioner of
education a copy of the sexual harassment and sexual violence
policy the board has adopted.
Sec. 9. Minnesota Statutes 1988, section 129.121, is
amended by adding a subdivision to read:
Subd. 6. [SEXUAL HARASSMENT AND VIOLENCE POLICY AND
RULES.] The board of the league shall adopt a policy, rules,
penalties, and recommendations addressing sexual harassment and
sexual violence toward and by participants in league activities.
Sec. 10. Minnesota Statutes 1988, section 171.29,
subdivision 2, is amended to read:
Subd. 2. (a) A person whose drivers license has been
revoked as provided in subdivision 1, except under section
169.121 or 169.123, shall pay a $30 fee before the person's
drivers license is reinstated.
(b) A person whose drivers license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $200 fee before the person's drivers license is reinstated
to be credited as follows:
(1) 25 percent shall be credited to the trunk highway fund;
(2) 50 percent shall be credited to a separate account to
be known as the county probation reimbursement account. Money
in this account may be appropriated to the commissioner of
corrections for the costs that counties assume under Laws 1959,
chapter 698, of providing probation and parole services to wards
of the commissioner of corrections. This money is provided in
addition to any money which the counties currently receive under
section 260.311, subdivision 5;
(3) ten percent shall be credited to a separate account to
be known as the bureau of criminal apprehension account. Money
in this account may be appropriated to the commissioner of
public safety and shall be divided as follows: eight percent
for laboratory costs; two percent for carrying out the
provisions of section 299C.065;
(4) 15 percent shall be credited to a separate account to
be known as the alcohol impaired alcohol-impaired driver
education account. Money in the account may be appropriated to
the commissioner of education for grants to develop alcohol
impaired alcohol-impaired driver education programs in
elementary, secondary, and post-secondary schools. The state
board of education shall establish guidelines for the
distribution of the grants. The commissioner of education shall
report to the legislature by January 15, 1988, on the
expenditure of grant funds under this clause. Each year the
commissioner may use $100,000 to administer the grant program
and other traffic safety education programs.
Sec. 11. Minnesota Statutes 1988, section 363.06,
subdivision 3, is amended to read:
Subd. 3. [TIME FOR FILING CLAIM.] A claim of an unfair
discriminatory practice must be brought as a civil action
pursuant to section 363.14, subdivision 1, clause (a), filed in
a charge with a local commission pursuant to section 363.116, or
filed in a charge with the commissioner within one year after
the occurrence of the practice. The running of the one-year
limitation period is suspended during the time a potential
charging party and respondent are voluntarily engaged in a
dispute resolution process involving a claim of unlawful
discrimination under this chapter, including arbitration,
conciliation, mediation or grievance procedures pursuant to a
collective bargaining agreement or statutory, charter, or
ordinance provisions for a civil service or other employment
system or a school board sexual harassment or sexual violence
policy. A potential respondent who participates in such a
process with a potential charging party before a charge is filed
or a civil action is brought shall notify the department and the
charging party in writing of the participation in the process
and the date the process commenced and shall also notify the
department and the charging party of the ending date of the
process. A respondent who fails to provide this notification is
barred from raising the defense that the statute of limitations
has run unless one year plus a period of time equal to the
suspension period has passed.
Sec. 12. [SPECIAL LEVY.]
Independent school district No. 232, Peterson, may levy an
amount not more than $100,000 for purposes of retiring operating
debt. This levy is authorized for taxes payable in 1990, 1991,
or 1992. In no case may the sum of the levies exceed $100,000.
Sec. 13. [1989 RULE COMPLIANCE LEVY.]
In 1989, special school district No. 1, Minneapolis, and
independent school district No. 709, Duluth, may each levy an
amount up to a gross tax capacity rate of .80 percent times the
adjusted gross tax capacity of the district for taxes payable in
1990. Each district may levy according to Minnesota Statutes,
section 275.125, subdivision 6i, and this section.
Notwithstanding Minnesota Statutes, 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 Minnesota
Statutes, section 124.155.
Sec. 14. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums in this
section are appropriated, unless otherwise indicated, from the
general fund to the department of education for the fiscal years
designated.
Subd. 2. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 124.214:
$5,111,000 ..... 1990
$6,018,000 ..... 1991
The 1990 appropriation includes $0 for 1989 and $5,111,000
for 1990.
The 1991 appropriation includes $902,000 for 1990 and
$5,116,000 for 1991.
Subd. 3. [INTEGRATION GRANTS.] For grants to districts
implementing desegregation plans mandated by the state board:
$14,944,000 ..... 1990
$14,944,000 ..... 1991
$1,285,200 each year shall be allocated to independent
school district No. 709, Duluth; $7,382,300 each year shall be
allocated to special school district No. 1, Minneapolis; and
$6,276,500 each year shall be allocated to 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. 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. These grants may be used to
transport students attending a nonresident district under
Minnesota Statutes, section 120.062 or 123.3515, to the border
of the resident district. A district may allocate a portion of
the grant to the transportation fund for this purpose.
Subd. 4. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123.931
to 123.947:
$8,524,000 ...... 1990
$8,847,000 ...... 1991
The 1990 appropriation includes $1,229,000 for 1989 and
$7,295,000 for 1990.
The 1991 appropriation includes $1,288,000 for 1990 and
$7,559,000 for 1991.
Subd. 5. [SCHOOL LUNCH AND FOOD STORAGE AID.] For school
lunch aid according to Minnesota Statutes, section 124.646, and
for food storage and transportation costs for USDA donated
commodities; and for a temporary transfer to the commodity
processing revolving fund to provide cash flow to permit schools
and other recipients of donated commodities to take advantage of
volume processing rates:
$4,625,000 ..... 1990
$4,625,000 ..... 1991
Any unexpended balance remaining from the appropriations in
this subdivision shall be prorated among participating schools
based on the number of fully paid lunches served during that
school year in order to meet the state revenue matching
requirement of the USDA National School Lunch Program.
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each fully paid student
lunch shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year.
Any temporary transfer processed in accordance with this
subdivision to the commodity processing fund will be returned by
June 30 in each year so that school lunch aid and food storage
costs can be fully paid as scheduled.
Subd. 6. [SCHOOL MILK AID.] For school milk aid according
to Minnesota Statutes, section 124.648:
$800,000 ..... 1990
$800,000 ..... 1991
Subd. 7. [TOBACCO USE PREVENTION.] For tobacco use
prevention aid according to Minnesota Statutes, section 124.252:
$565,000 ...... 1990
$672,000 ...... 1991
The 1990 appropriation includes $0 for 1989 and $565,000
for 1990.
The 1991 appropriation includes $100,000 for 1990 and
$572,000 for 1991.
Subd. 8. [WEST ST. PAUL.] For a grant to independent
school district No. 197, West St. Paul:
$500,000 ...... 1990
The proceeds of this grant must be deposited in the
district's debt redemption fund.
Subd. 9. [ALCOHOL-IMPAIRED DRIVER EDUCATION GRANTS.] For
grants for alcohol-impaired driver education according to
Minnesota Statutes, section 171.29, subdivision 2, paragraph
(b), clause (4):
$620,000 ..... 1990
$620,000 ..... 1991
This appropriation is from the special revenue fund.
Subd. 10. [NETT LAKE LIABILITY INSURANCE.] For a grant to
independent school district No. 707, Nett Lake, to pay insurance
premiums under Minnesota Statutes, section 466.06:
$40,000 ..... 1990
This sum is available until June 30, 1991.
Subd. 11. [NETT LAKE UNEMPLOYMENT COMPENSATION.] For
payment of the obligation of independent school district No.
707, Nett Lake, for transfer to the appropriate state agency for
unemployment compensation:
$40,000 ..... 1990
This sum is available until June 30, 1991.
Subd. 12. [PETERSON OPERATING DEBT.] For a grant to
independent school district No. 232, Peterson to retire
operating debt.
$50,000 ..... 1990
Sec. 15. [EFFECTIVE DATE.]
Subdivision 1. Section 5 is effective September 1, 1991.
Subd. 2. Each school board shall adopt a written sexual
harassment and sexual violence policy required under section
127.45 before September 1, 1991. Each school board shall submit
a copy of its adopted sexual harassment and sexual violence
policy required under section 127.455 to the education
commissioner by September 1, 1991.
ARTICLE 9
MISCELLANEOUS
Section 1. Minnesota Statutes 1988, section 120.062,
subdivision 4, is amended to read:
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. Before submitting an application, the
pupil and the pupil's parent or guardian must explore with a
school guidance counselor, or other appropriate staff member
employed by the district the pupil is currently attending, the
pupil's academic or other reason for applying to enroll in a
nonresident district. The pupil's application must identify the
reason for enrolling in 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 initial enrollment during
beginning 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. Once enrolled in a nonresident
district, the pupil may remain enrolled and is not required to
submit annual or periodic applications. To return to the
resident district or to transfer to a different nonresident
district, the parent or guardian of the pupil must provide
notice to the resident district or apply to a different
nonresident district by January 1 for enrollment beginning the
following school year.
Sec. 2. Minnesota Statutes 1988, section 120.062,
subdivision 5, is amended to read:
Subd. 5. [DESEGREGATION PLANS DISTRICT TRANSFERS.] (a)
This subdivision applies to a transfer into or out of a district
that has a desegregation plan approved by the state board of
education.
(b) An application to transfer may be submitted at any time
for enrollment beginning at any time.
(c) The parent or guardian of a pupil who is a resident of
a district that has a desegregation plan must submit an
application to the resident district. If the district accepts
the application, it must forward the application to the
nonresident district.
(d) The parent or guardian of a pupil who applies for
enrollment in a nonresident district that has a desegregation
plan must submit an application to the nonresident district.
(e) Each district must accept or reject an application it
receives and notify the parent or guardian in writing within 30
calendar days of receiving the application. A notification of
acceptance must include the date enrollment can begin.
(f) If an application is rejected, the district must state
the reason for rejection in the notification. If a district
that has a desegregation plan rejects an application for a
reason related to the desegregation plan, the district must
state with specificity how acceptance of the application would
result in noncompliance with state board rules with respect to
the school or program for which application was made.
(g) If an application is accepted, the parent or guardian
must notify the nonresident district in writing within 15
calendar days of receiving the acceptance whether the pupil
intends to enroll in the nonresident district. Notice of
intention to enroll obligates the pupil to enroll in the
nonresident district, unless the school boards of the resident
and nonresident districts agree otherwise. If a parent or
guardian does not notify the nonresident district, the pupil may
not enroll in that nonresident district at that time, unless the
school boards of the resident and nonresident district agree
otherwise.
(h) Within 15 calendar days of receiving the notice from
the parent or guardian, the nonresident district shall notify
the resident district in writing of the pupil's intention to
enroll in the nonresident district.
(i) A pupil enrolled in a nonresident district under this
subdivision is not required to make annual or periodic
application for enrollment but may remain enrolled in the same
district. A pupil may transfer to the resident district at any
time.
(j) A pupil enrolled in a nonresident district and applying
to transfer into or out of a district that has a desegregation
plan must follow the procedures of this subdivision. For the
purposes of this type of transfer, "resident district" means the
nonresident district in which the pupil is enrolled at the time
of application.
(k) 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 must accept or
reject applications each individual application in a manner that
will enable compliance with the its desegregation plan. The
district shall notify the parent or guardian and the resident
district according to the requirements of subdivision 6.
Sec. 3. Minnesota Statutes 1988, section 120.062,
subdivision 6, is amended to read:
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 by
February 1 whether the application has been accepted or rejected.
If an application is rejected, the district must state in the
notification the reason for rejection. The parent or guardian
shall notify the nonresident district by February 15 whether the
pupil intends to enroll in the nonresident district. Notice of
intent to enroll in the nonresident district obligates the pupil
to attend the nonresident district during the following school
year, unless the school boards of the resident and the
nonresident districts agree in writing to allow the pupil to
transfer back to the resident district, or the pupil's parents
or guardians change residence to another district. If a parent
or guardian does not notify the nonresident district, the pupil
may not enroll in that nonresident district during the following
school year, unless the school boards of the resident and
nonresident district agree otherwise. The nonresident district
shall notify the resident district by March 1 of the pupil's
intent to enroll in the nonresident district. The same
procedures apply to a pupil who applies to transfer from one
participating nonresident district to another participating
nonresident district.
Sec. 4. Minnesota Statutes 1988, section 121.11,
subdivision 12, is amended to read:
Subd. 12. [ADMINISTRATIVE RULES.] The state board
shall may adopt and enforce rules, consistent with this code,
appropriate for the administration and enforcement thereof only
upon specific authority other than under this subdivision.
Notwithstanding the provisions of section 14.05, subdivision 4,
the state board may grant a variance to its rules upon
application by a school district for purposes of implementing
experimental programs in learning or school management which
that attempt to make better use of community resources or
available technology.
Sec. 5. [121.585] [LEARNING YEAR PROGRAMS.]
Subdivision 1. [PROGRAM ESTABLISHED.] A learning year
program provides instruction throughout the year. A pupil may
participate in the program and accelerate attainment of grade
level requirements or graduation requirements. A learning year
program may begin after the close of the regular school year in
June. The program may be for students in one or more grade
levels from kindergarten through twelfth grade.
Students may participate in the program if they reside in:
(1) a district that has been designated a learning year
site under subdivision 2;
(2) a district that is a member of the same education
district as a site; or
(3) a district that participates in the same area learning
center program as a site.
Subd. 2. [STATE BOARD DESIGNATION.] An area learning
center designated by the state must be a site. Up to an
additional ten learning year sites may be designated by the
state board of education. To be designated, a district or
center must demonstrate to the commissioner of education that it
will:
(1) provide a program of instruction that permits pupils 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
pupils participating in the program. The record system and
identification must ensure that the program will not have the
effect of increasing the total number of pupil units
attributable to an individual pupil as a result of a learning
year program.
Subd. 3. [HOURS OF INSTRUCTION.] Pupils participating in a
program must be able to receive the same total number of hours
of instruction they would receive if they were not in the
program. If a pupil has not completed the graduation
requirements of the district after completing the minimum number
of secondary school hours of instruction, the district may allow
the pupil to continue to enroll in courses needed for graduation.
For the purposes of section 120.101, subdivision 5, the
minimum number of hours for a year determined for the
appropriate grade level of instruction shall constitute 170 days
of instruction. Hours of instruction that occur after the close
of the instructional year in June shall be attributed to the
following fiscal year.
Subd. 4. [STUDENT PLANNING.] A district must inform all
pupils and their parents about the learning year program. A
continual learning plan must be developed for each pupil with
the participation of the pupil, parent or guardian, teachers,
and other staff. The plan must specify the learning experiences
that must occur each year and, for secondary students, for
graduation. The plan may be modified to conform 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 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 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 section 125.12 or 125.17.
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 the minimum number
of hours for a year determined for the appropriate grade level.
Hours of participation that occur after the close of the regular
instructional year and before July 1 shall be attributed to the
following fiscal year. Thirty hours may be used for teacher
workshops, staff development, or parent-teacher conferences. As
part of each pilot program, the department 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 year 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. 6. Minnesota Statutes 1988, section 121.88,
subdivision 10, is amended 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 6 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 school board of the district shall develop
standards for school age child care programs. The state board
of education may not adopt rules for extended day programs.
Sec. 7. Minnesota Statutes 1988, section 123.33,
subdivision 7, is amended to read:
Subd. 7. The board shall superintend and manage the
schools of the district; adopt, modify, or repeal rules for
their organization, government, and instruction and for the
keeping of; keep registers; and prescribe textbooks and courses
of study. The board may arrange for courses for secondary
pupils that are offered by a post-secondary institution.
Sec. 8. Minnesota Statutes 1988, section 123.3514,
subdivision 4c, is amended to read:
Subd. 4c. [LIMIT ON PARTICIPATION.] A pupil who first
enrolls in grade 11 may not enroll in post-secondary courses
under this section for secondary credit for more than the
equivalent of two academic years. A pupil who first enrolls in
grade 12 may not enroll in post-secondary courses under this
section for secondary credit for more than the equivalent of one
academic year. If a pupil in grade 11 or 12 first enrolls in a
post-secondary course for secondary credit during the school
year, the time of participation shall be reduced proportionately.
A pupil who has graduated from high school cannot participate in
a program under this section. A pupil who has completed course
requirements for graduation but who has not received a diploma
may participate in the program under this section.
Sec. 9. Minnesota Statutes 1988, section 123.3514,
subdivision 5, is amended to read:
Subd. 5. [CREDITS.] A pupil may enroll in a course under
this section for either secondary credit or post-secondary
credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or
post-secondary credit. A pupil taking several courses may
designate some for secondary credit and some for post-secondary
credit. A pupil must not audit a course under this section.
A school district shall grant academic credit to a pupil
enrolled in a course for secondary credit if the pupil
successfully completes the course. Nine quarter or six semester
college credits equal at least one full year of high school
credit. Fewer college credits may be prorated. A school
district shall also grant academic credit to a pupil enrolled in
a course for post-secondary credit if secondary credit is
requested by a pupil. If no comparable course is offered by the
district, the district shall, as soon as possible, notify the
state board of education, which shall determine the number of
credits that shall be granted to a pupil who successfully
completes a course. If a comparable course is offered by the
district, the school board shall grant a comparable number of
credits to the pupil. If there is a dispute between the
district and the pupil regarding the number of credits granted
for a particular course, the pupil may appeal the school board's
decision to the state board of education. The state board's
decision regarding the number of credits shall be final.
The secondary credits granted to a pupil shall be counted
toward the graduation requirements and subject area requirements
of the school district. Evidence of successful completion of
each course and secondary credits granted shall be included in
the pupil's secondary school record. A pupil must provide the
school with a copy of the pupil's grade in each course taken for
secondary credit under this section. Upon the request of a
pupil, the pupil's secondary school record shall also include
evidence of successful completion and credits granted for a
course taken for post-secondary credit. In either case, the
record shall indicate that the credits were earned at a
post-secondary institution.
If a pupil enrolls in a post-secondary institution after
leaving secondary school, the post-secondary institution shall
award post-secondary credit for any course successfully
completed for secondary credit at that institution. Other
post-secondary institutions may award, after a pupil leaves
secondary school, post-secondary credit for any courses
successfully completed under this section. An institution may
not charge a pupil for the award of credit.
Sec. 10. Minnesota Statutes 1988, section 123.3514,
subdivision 7, is amended to read:
Subd. 7. [FEES; TEXTBOOKS; MATERIALS.] A post-secondary
institution that receives reimbursement for a pupil under
subdivision 6 may not charge that pupil for fees, textbooks,
materials, or other necessary costs of the course or program in
which the pupil is enrolled if the charge would be prohibited
under section 120.74, except for equipment purchased by the
pupil that becomes the property of the pupil. An institution
may require the pupil to pay for fees, textbooks, and materials
for a course taken for post-secondary credit.
Sec. 11. Minnesota Statutes 1988, section 123.3514, is
amended by adding a subdivision to read:
Subd. 7a. [TEXTBOOKS; MATERIALS.] All textbooks and
equipment provided to a pupil, and paid for under subdivision 6,
are the property of the pupil's school district of residence.
Each pupil is required to return all textbooks and equipment to
the school district after the course has ended.
Sec. 12. Minnesota Statutes 1988, section 123.3514,
subdivision 10, is amended to read:
Subd. 10. [LIMIT; STATE OBLIGATION.] The provisions of
subdivisions 6, 7, 8, and 9 shall not apply for any
post-secondary courses in which a pupil is enrolled in addition
to being enrolled full time in that pupil's district or for any
post-secondary course in which a pupil is enrolled for
post-secondary credit. The pupil is enrolled full time if the
pupil attends credit-bearing classes in the high school or high
school program for all of the available hours of instruction.
Sec. 13. [126.1995] [SAFETY REQUIREMENT GUIDELINES.]
The department of education, in cooperation with the
Minnesota fire marshal's division, shall develop guidelines for
school lab safety. The guidelines shall include a list of
safety requirements and an explanation of the minimum state and
national laws, codes, and standards affecting school lab safety
the Minnesota fire marshal considers necessary for schools to
implement. The district superintendent must ensure that every
school lab within the district complies with the school lab
safety requirements. Lack of funding is not an excuse for
noncompliance.
Sec. 14. Minnesota Statutes 1988, section 126.22,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] The following pupils are
eligible to participate in the high school graduation incentives
program:
(a) any pupil who is between the ages of 12 and 16 and who:
(1) is at least two grade levels below the performance
level for 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 more than 15 consecutive school days in the
preceding or current school year excluded or expelled according
to sections 127.26 to 127.39; or
(6) has been referred by a school district for enrollment
in an eligible program or a program pursuant to section 126.23;
(b) any 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 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 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
(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. 15. Minnesota Statutes 1988, section 126.67,
subdivision 8, is amended to read:
Subd. 8. [CAREER INFORMATION; APPROPRIATION.] The
department of education may provide career information to school
districts and other educational systems organizations,
employment and training services, human service agencies,
libraries, and families. The department may shall collect
reasonable fees for subscriptions to necessary to recover all
expenditures related to the operation of the Minnesota career
information service. Grants may be accepted and used for the
improvement or operation of the program.
Sec. 16. Minnesota Statutes 1988, section 129.121, is
amended by adding a subdivision to read:
Subd. 7. The Minnesota state high school league shall
establish, conduct and regulate championship high school
tournament activities. The league shall determine the number of
classes in all interscholastic athletic activities under its
jurisdiction. The league shall adopt league rules and
regulations governing the athletic participation of pupils
attending school in a nonresident district under section 120.062.
Notwithstanding the date and time of day of final
enactment, this section supersedes any inconsistent provision of
H.F. 372.
Sec. 17. Minnesota Statutes 1988, section 136D.22,
subdivision 1, is amended to read:
Subdivision 1. [BOARD.] The agreement may shall provide
for a joint school board which shall represent representing the
parties to the agreement, and. The agreement shall specify the
name of the board, the number and manner of election or
appointment of its members, their terms and qualifications, and
other necessary and desirable provisions; provided, that. Each
member of the board shall be a voter of one school board member
of the a school districts which district that is a party to the
agreement.
Sec. 18. Minnesota Statutes 1988, section 136D.72,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The district shall be operated
by a school board of not less than six nor more than 12 members
which. The board shall consist of at least one member from each
of the school districts within the special intermediate school
district created. Board members shall be residents of the
respective school districts represented, may be members of the
school boards of the respective school districts and shall be
appointed by their respective school boards. Members so
appointed shall serve at the pleasure of their respective school
districts boards and may be subject to recall by a majority vote
of the participating school district board. They shall report
at least quarterly to their appointing boards on the activities
of the intermediate district and shall attend no less than one
meeting of their respective appointing boards each month.
Sec. 19. Minnesota Statutes 1988, section 136D.82,
subdivision 1, is amended to read:
Subdivision 1. [BOARD.] The agreement may shall provide
for a joint school board which shall represent representing the
parties to the agreement, and. The agreement shall specify the
name of the board, the number and manner of election or
appointment of its members, their terms and qualifications, and
other necessary and desirable provisions; provided, that. Each
member of the board shall be a voter of one school board member
of the a school districts which district that is a party to the
agreement.
Sec. 20. Minnesota Statutes 1988, section 354.094,
subdivision 1, is amended to read:
Subdivision 1. [SERVICE CREDIT CONTRIBUTIONS.] A member
granted an extended leave of absence pursuant to section 125.60
or 136.88, except as provided in subdivision 1a or 1b, may pay
employee contributions and receive allowable service credit
toward annuities and other benefits under this chapter, for each
year of the leave provided the member and the employing board
make the required employer contribution in any proportion they
may agree upon, during the period of the leave which shall not
exceed five years. Except as provided in subdivision 1a or 1b,
The state shall not pay employer contributions into the fund for
any year for which a member is on extended leave. The employee
and employer contributions shall be based upon the rates of
contribution prescribed by section 354.42 for the salary
received during the year immediately preceding the extended
leave. Payments for the years for which a member is receiving
service credit while on extended leave shall be made on or
before the later of June 30 of each fiscal year for which
service credit is received or within 30 days after first
notification of the amount due, if requested by the member, is
given by the association. No payment is permitted after the
following September 30. Payments received after June 30 must
include six percent interest from June 30 through the end of the
month in which payment is received.
Sec. 21. Minnesota Statutes 1988, section 354.094,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP; RETENTION.] Notwithstanding section
354.49, subdivision 4, clause (3), a member on extended leave
whose employee and employer contributions are paid into the fund
pursuant to subdivisions subdivision 1 and 1a shall retain
membership in the association for as long as the contributions
are paid, under the same terms and conditions as if the member
had continued to teach in the district, the community college
system or the state university system.
Sec. 22. Minnesota Statutes 1988, section 354.66,
subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position pursuant to this section shall continue to make
employee contributions to and to accrue allowable service credit
in the retirement fund during the period of part-time employment
on the same basis and in the same amounts as would have been
paid and accrued if the teacher had been employed on a full-time
basis provided that, except as provided in subdivision 4a, prior
to June 30 each year, or within 30 days after notification by
the association of the amount due, whichever is later, the
member and the employing board make that portion of the required
employer contribution to the retirement fund, in any proportion
which they may agree upon, that is based on the difference
between the amount of compensation that would have been paid if
the teacher had been employed on a full-time basis and the
amount of compensation actually received by the teacher for the
services rendered in the part-time assignment. The employing
unit shall make that portion of the required employer
contributions to the retirement fund on behalf of the teacher
that is based on the amount of compensation actually received by
the teacher for the services rendered in the part-time
assignment in the manner described in section 354.43,
subdivision 3. The employee and employer contributions shall be
based upon the rates of contribution prescribed by section
354.42. Full accrual of allowable service credit and employee
contributions for part-time teaching service pursuant to this
section and section 354A.094 shall not continue for a period
longer than ten years.
Sec. 23. Minnesota Statutes 1988, section 354A.091,
subdivision 1, is amended to read:
Subdivision 1. [RETIREMENT CONTRIBUTIONS.] Notwithstanding
any provision to the contrary of this chapter or the articles of
incorporation or bylaws of an association relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, except as provided in subdivision 1a
or 1b, an elementary, secondary or technical institute teacher
in the public schools of a city of the first class who is
granted an extended leave of absence pursuant to section 125.60,
may pay employee contributions to the applicable association and
shall be entitled to receive allowable service credit in that
association for each year of leave, provided the member and the
employing board make the required employer contributions, in any
proportion they may agree upon, to that association during the
period of leave which shall not exceed five years. Except as
provided in subdivision 1a or 1b The state shall not make an
employer contribution on behalf of the teacher. The employee
and employer contributions shall be based upon the rates of
contribution prescribed by section 354A.12 as applied to a
salary figure equal to the teacher's actual covered salary for
the plan year immediately preceding the leave. Payment of the
employee and employer contributions authorized pursuant to this
section shall be made on or before June 30 of the fiscal year
for which service credit is to be received. No allowable
service with respect to a year of extended leave of absence
shall be credited to a teacher until payment of the required
employee and employer contributions has been received by the
association.
Sec. 24. Minnesota Statutes 1988, section 354A.091,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP RETENTION.] A teacher on extended
leave pursuant to section 125.60 whose employee and employer
contributions are made to the applicable teachers retirement
fund association pursuant to subdivisions subdivision 1 and 1a
shall retain membership in the association for each year during
which the contributions are made, under the same terms and
conditions as if the teacher had continued to teach in the
district.
Sec. 25. Minnesota Statutes 1988, section 354A.094,
subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter or the articles of
incorporation or bylaws of an association relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position pursuant to this section shall continue to make
employee contributions to and to accrue allowable service credit
in the applicable association during the period of part-time
employment on the same basis and in the same amounts as would
have been paid and accrued if the teacher had been employed on a
full-time basis provided that, except as provided in subdivision
4a, prior to June 30 each year the member and the employing
board make that portion of the required employer contribution to
the applicable association in any proportion which they may
agree upon, that is based on the difference between the amount
of compensation that would have been paid if the teacher had
been employed on a full-time basis and the amount of
compensation actually received by the teacher for services
rendered in the part-time assignment. The employer
contributions to the applicable association on behalf of the
teacher shall be based on the amount of compensation actually
received by the teacher for the services rendered in the
part-time assignment in the manner described in section 354.43,
subdivisions 1 and 5. The employee and employer contributions
shall be based upon the rates of contribution prescribed by
section 354A.12. Full membership, accrual of allowable service
credit and employee contributions for part-time teaching service
by a teacher pursuant to this section and section 354.66 shall
not continue for a period longer than ten years.
Sec. 26. Minnesota Statutes 1988, section 363.01, is
amended by adding a subdivision to read:
Subd. 41. [BUSINESS.] The term "business" includes any
partnership, association, corporation, legal representative,
trustee, trustee in bankruptcy, or receiver, but excludes the
state and its departments, agencies, and political subdivisions.
Sec. 27. Minnesota Statutes 1988, section 363.073,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE OF APPLICATION.] No department or
agency of the state shall receive, enter into, or accept any bid
or proposal for a contract nor or agreement or execute any
contract or agreement for goods, or services, or the performance
of any function, or any agreement to transfer funds for any
reason in excess of $50,000 with any person business having more
than 20 full-time employees in Minnesota at any time during the
previous 12 months, unless the person firm or business has an
affirmative action plan for the employment of minority persons,
women, and the disabled that has been approved by the
commissioner of human rights. Receipt of a certificate of
compliance issued by the commissioner shall signify that
a person firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be
valid for a period of two years. A municipality as defined in
section 466.01, subdivision 1, that receives state funds for any
reason is encouraged to prepare and implement an affirmative
action plan for the employment of minority persons, women, and
the disabled and submit the plan to the commissioner of human
rights.
Sec. 28. Minnesota Statutes 1988, 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. 29. Minnesota Statutes 1988, section 471.38,
subdivision 3, is amended to read:
Subd. 3. [ELECTRONIC FUNDS TRANSFER.] Electronic funds
transfer is the process of value exchange via mechanical means
without the use of checks, drafts or similar negotiable
instruments. A school district may make an electronic funds
transfer for the following:
(1) for a claim for a payment from an imprest payroll bank
account or investment of excess money;
(2) for a payment of tax or aid anticipation certificates;
(3) for a payment of contributions to pension or retirement
fund;
(4) for vendor payments; and
(5) for payment of bond principal, bond interest and a
fiscal agent service charge from the debt redemption fund. This
Subd. 3a. [SCHOOL DISTRICT ELIGIBILITY.] The authorization
in subdivision 3 extends only to a school district which that
has enacted all of the following policy controls:
(a) The school board shall annually delegate the authority
to make electronic funds transfers to a designated business
administrator;
(b) The dispersing bank shall keep on file a certified copy
of the delegation of authority;
(c) The initiator of the electronic transfer shall be
identified;
(d) The initiator shall document the request and obtain an
approval from the designated business administrator before
initiating the transfer;
(e) A written confirmation of the transaction shall be made
no later than one business day after the transaction and shall
be used in lieu of a check, order check or warrant required to
support the transaction;
(f) A list of all transactions made by electronic funds
transfer shall be submitted to the school board at its next
regular meeting after the transaction.
Sec. 30. [STAFF EXCHANGE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A staff exchange program
for the 1989-1990 and 1990-1991 school years is established to
allow local school districts to arrange temporary and voluntary
exchanges between members of their kindergarten through grade 12
instructional and administrative staffs. The purpose of the
program is to provide participants with an understanding of the
educational concerns of other local school districts, including
concerns of class organization, curriculum development,
instructional practices, and characteristics of the student
population.
The educational needs and interests of the host school
district and the training, experience, and interests of the
participants shall determine the assignment of the participants
in the host district. Participants may teach courses, provide
counseling and tutorial services, work with teachers to better
prepare students for future educational experiences, serve an
underserved population in the district, or assist with
administrative functions. The assignments participants perform
for the host district must be comparable to the assignments the
participants perform for the district employing the
participants. Participation in the exchange program need not be
limited to one school or one school district and may involve
other education organizations including education districts and
ECSUs.
Subd. 2. [PROGRAM REQUIREMENTS.] All staff exchanges made
under this section are subject to the requirements in this
subdivision.
(a) A school district employing a participating staff
member must not adversely affect the staff member's salary,
seniority, or other employment benefits, or otherwise penalize
the staff member for participating in the program.
(b) Upon completion or termination of an exchange, a school
district employing a participating staff member must permit the
staff member to return to the same assignment the staff member
performed in the district before the exchange, if available, or,
if not, a similar assignment.
(c) A school district employing a participating staff
member must continue to provide the staff member's salary and
other employment benefits during the period of the exchange.
(d) A participant must be licensed and tenured.
(e) Participation in the program must be voluntary.
(f) The length of participation in the program must be no
less than one-half of a school year and no more than one school
year, and any premature termination of participation must be
upon the mutual agreement of the participant and the
participating school districts.
(g) A participant is responsible for transportation to and
from the host school district.
This subdivision does not abrogate or change rights of
staff members participating in the staff exchange program or the
terms of an agreement between the exclusive representative of
the school district employees and the school district.
Participating school districts may enter into supplementary
agreements with the exclusive representative of the school
district employees to accomplish the purpose of this section.
Subd. 3. [APPLICATION PROCEDURES.] The school board of a
school district must decide by resolution to participate in the
staff exchange program. A staff member wishing to participate
in the exchange program must submit an application to the school
district employing the staff member. The district must, in a
timely and appropriate manner, provide to the exclusive
bargaining representatives of teachers in the state the number
and names of prospective participants within the district, the
assignments available within the district, and the length of
time for each exchange. The exclusive bargaining
representatives are requested to cooperatively participate in
the coordination of exchanges to facilitate exchanges across all
geographical regions of the state. Prospective participants
must contact teachers and districts with whom they are
interested in making an exchange. The prospective participants
must make all arrangements to accomplish their exchange and the
superintendents of the participating districts must approve the
arrangements for the exchange in writing.
Subd. 4. [REPORT.] By January 1, 1991, the school
districts participating in the staff exchange program shall
report to the commissioner of education on the number and
location of staff members participating in the exchange, the
assignments of the participants, and other matters of interest,
including the advisability of continuing the exchange.
Sec. 31. [APPLICABILITY.]
Section 4 applies to rules for which the intention to adopt
rules is published in the State Register after August 1, 1989.
Sec. 32. [LAB SAFETY TIMELINES.]
The state department of education shall send the guidelines
on school lab safety to district superintendents before
September 1, 1989. Each district superintendent must inform the
department by January 1, 1990, of its efforts to comply with the
safety requirements.
Sec. 33. [REPEALER.]
Minnesota Statutes 1988, section 120.062, subdivision 8, is
repealed effective for the 1989-1990 school year.
Sec. 34. [REPEALER.]
Minnesota Statutes 1988, sections 120.05, subdivision 1;
120.13; 120.15; 120.16; 120.77; 121.09; 121.12; 121.151; 121.35,
subdivision 5; 121.496, subdivision 1; 121.83; 121.84; 121.843;
121.844; 121.845; 121.86; 121.882, subdivision 10; 121.902,
subdivision 2; 121.9121, subdivision 6; 121.914, subdivisions 9
and 10; 122.86; 122.87; 122.88; 123.3511; 123.3512; 123.581,
subdivisions 1 and 6; 123.60; 123.601; 123.68; 124.12,
subdivision 1; 124.2138, subdivisions 3 and 4; 124.496; 124A.27,
subdivision 7; 125.241, subdivision 3; 125.60, subdivision 7;
126.03; 126.07; 126.10; 126.11; 126.39, subdivision 11; 126.52,
subdivision 11; 126.70, subdivision 3; 126.80; 275.128; and Laws
1988, chapter 718, article 7, section 61, are repealed July 1,
1989.
Sec. 35. [EFFECTIVE DATE.]
Sections 17, 18, and 19 are effective July 1, 1992.
Section 28 is effective retroactively to May 7, 1988.
Section 30 is effective for the 1989-1990 school year.
Sections 1 and 3 are effective for the 1990-1991 school
year and thereafter.
ARTICLE 10
LIBRARIES
Section 1. Minnesota Statutes 1988, section 134.31, is
amended by adding a subdivision to read:
Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall
appoint an advisory committee of five members to advise the
staff of the Minnesota library for the blind and physically
handicapped on long-range plans and library services. Members
shall be people who use the library. Section 15.059 governs
this committee.
Sec. 2. Minnesota Statutes 1988, section 134.34,
subdivision 2, is amended to read:
Subd. 2. [REQUIRED INCREASES; LIMIT.] Notwithstanding the
provisions of section 134.33 and subdivision 1 of this section,
after the second year of participation by a city or county, the
dollar amount of the minimum level of support for that city or
county shall not be required to increase by more than ten
percent over the dollar amount of the minimum level of support
required of it in the previous year. If a participating city or
county which has been providing for public library service
support in an amount equivalent to .67 mill times the gross tax
capacity of the taxable property of that city or county for the
year preceding that calendar year would be required to increase
the dollar amount of such support by more than ten percent to
reach the equivalent of .4 mill times the adjusted gross tax
capacity of the taxable property of that participating city or
county as determined by the commissioner of revenue for the
second year preceding that calendar year or the per capita
amount calculated under the provisions of subdivision 1, it
shall only be required to increase the dollar amount of such
support by ten percent per year until such time as it reaches an
amount equivalent to .4 mill times the adjusted gross tax
capacity of that taxable property as determined by the
commissioner of revenue for the second year preceding that
calendar year or the per capita amount calculated under the
provisions of subdivision 1.
Sec. 3. Minnesota Statutes 1988, section 134.34,
subdivision 3, is amended to read:
Subd. 3. [REGIONAL DESIGNATION.] Regional library basic
system support grants shall be made only to those regional
public library systems officially designated by the state board
of education as the appropriate agency to strengthen, improve
and promote public library services in the participating areas.
The state board of education shall designate no more than one
such regional public library system located entirely within any
single development region existing under sections 462.381
to 462.396 462.398 or chapter 473.
Sec. 4. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
according to Minnesota Statutes, sections 134.32 to 134.35:
$5,801,000 ..... 1990
$6,093,000 ..... 1991
The 1990 appropriation includes $747,000 for 1989 and
$5,054,000 for 1990.
The 1991 appropriation includes $892,000 for 1990 and
$5,201,000 for 1991.
Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants according to Minnesota Statutes, sections 134.353 and
134.354, to multicounty, multitype library systems:
$247,000 ..... 1990
$256,000 ..... 1991
The 1990 appropriation includes $34,000 for 1989 and
$213,000 for 1990.
The 1991 appropriation includes $38,000 for 1990 and
$218,000 for 1991.
Subd. 4. [STATE AGENCY ON-LINE SYSTEM.] For the ongoing
cost of operating a computer library catalog system in state
agency libraries:
$43,000 ..... 1990
$43,000 ..... 1991
Subd. 5. [MATERIALS FOR LIBRARIANS.] To update materials
on library information and services available to librarians
through the department of education:
$20,000 ..... 1990
This appropriation is available until June 30, 1991.
Subd. 6. [AUTOMATED LIBRARY SYSTEM.] For a computer system
to support operations of the Minnesota library for the blind and
physically handicapped and for an advisory committee:
$222,000 ..... 1990
$21,000 ...... 1991
Up to $4,000 each year may be used for the advisory
committee for the Minnesota library for the blind and physically
handicapped.
Sec. 5. [REPEALERS.]
Subdivision 1. [JULY 1, 1989.] Minnesota Statutes, section
134.34, subdivision 5, is repealed July 1, 1989.
Subd. 2. [JULY 1, 1991.] Minnesota Statutes, section
134.33, subdivision 1, is repealed July 1, 1991.
ARTICLE 11
EDUCATION AGENCY SERVICES
Section 1. Minnesota Statutes 1988, section 121.612, is
amended to read:
121.612 [CITATION MINNESOTA ACADEMIC EXCELLENCE
FOUNDATION.]
Subdivision 1. [CITATION.] This section may be cited as
the "Minnesota academic excellence act."
Subd. 1a 2. [CREATION OF FOUNDATION.] There is created the
Minnesota academic excellence foundation. The purpose of the
foundation shall be to promote academic excellence in Minnesota
public schools through a public-private partnership partnerships.
The foundation shall be a nonprofit organization. The board of
directors of the foundation and foundation activities are under
the direction of the state board of education.
Subd. 2 3. [BOARD OF DIRECTORS.] The board of directors of
the foundation shall consist of the governor or the governor's
designee; the chairs of the education committee and education
finance division in the house of representatives and the chairs
of the education committee and education subcommittee on
education aids in the senate; a minority member of the house of
representatives to be appointed by the house minority leader; a
minority member of the senate, to be appointed by the senate
minority leader; the commissioner of education;, a member of the
state board of education selected by the state board who shall
serve as chair and 15 members to be appointed by the governor.
Of the 15 members appointed by the governor, six shall represent
various education groups and nine shall represent various
business groups. The board of directors shall meet as soon as
possible after the effective date of this section. The
commissioner of education shall serve as secretary for the board
of directors and provide administrative support to the
foundation. An executive committee of the foundation board
composed of the board officers and chairs of board committees,
may only advise and make recommendations to the foundation board.
Subd. 3 4. [FOUNDATION PROGRAMS.] The foundation shall
plan for may develop programs which that advance the concept of
educational excellence. These may include, but are not limited
to:
(a) recognition programs and awards for students
demonstrating academic excellence;
(b) summer institute programs for students with special
talents;
(c) recognition programs for teachers, administrators, and
others who contribute to academic excellence;
(d) summer mentorship programs with business and industry
for students with special career interests and high academic
achievements; and
(e) governor's awards ceremonies to promote academic
competition; and
(f) an academic league to provide organized challenges
requiring cooperation and competition for public and nonpublic
pupils in elementary and secondary schools.
To the extent possible, the foundation shall make these
programs available to students in all parts of the state.
Subd. 3a. [ACADEMIC LEAGUE PLANS.] The academic excellence
foundation shall develop a plan for an academic league to
promote academic excellence through organized challenges
requiring both cooperation and competition for public and
nonpublic pupils in elementary and secondary schools. The
foundation shall develop the plan in consultation with
administrators of existing programs of academic competition and
cooperation, the Minnesota state high school league, and the
Minnesota association of secondary school principals. The
foundation shall submit the plans to the education committees of
the legislature by January 15, 1989.
Subd. 5. [POWERS AND DUTIES.] The foundation may:
(1) establish and collect membership fees;
(2) publish brochures or booklets relating to the purposes
of the foundation and collect reasonable fees for the
publications;
(3) receive money and grants from nonstate sources for the
purposes of the foundation;
(4) contract with consultants; and
(5) expend money for awards and other forms of recognition
and appreciation.
Subd. 6. [CONTRACTS.] The foundation board shall review
and approve each contract of the board. Each contract of the
foundation board shall be subject to the same review and
approval procedures as a contract of the state board of
education.
Subd. 7. [FOUNDATION STAFF.] The state board shall appoint
the executive director and other staff who shall perform duties
and have responsibilities solely related to the foundation.
Subd. 4 8. [PRIVATE FUNDING.] The foundation shall seek
private resources to supplement the available public money.
Individuals, businesses, and other organizations may contribute
to the foundation in any manner specified by the board of
directors. All money received shall be administered by the
board of directors.
Subd. 5 9. [REPORT.] The board of directors of the
foundation shall submit an annual report to the education
committees of the legislature on the progress of its activities
made pursuant to the provisions of this section. The annual
report shall contain a financial report for the preceding year,
including all receipts and expenditures of the foundation.
Subd. 6. [FOUNDATION PUBLICATIONS.] The foundation may
publish brochures or booklets relating to the purposes of the
foundation. The foundation may collect reasonable fees for the
publications.
Subd. 7 10. [APPROPRIATION.] There is annually
appropriated to the academic excellence foundation any and all
amounts received by the foundation pursuant to subdivision 6
this section.
Sec. 2. Minnesota Statutes 1988, section 121.931,
subdivision 3, is amended to read:
Subd. 3. [SYSTEMS ARCHITECTURE PLAN.] The state board,
with the advice and assistance of the ESV computer council,
shall develop a systems architecture plan for providing
administrative data processing to school districts, the
department of education, and the legislature. In developing the
plan, the state board shall consider at least the following:
user needs; systems design factors; telecommunication
requirements; computer hardware technology; and alternative
hardware purchase and lease arrangements. The plan shall be
completed by September 1, 1981.
Sec. 3. Minnesota Statutes 1988, section 121.931,
subdivision 4, is amended to read:
Subd. 4. [LONG-RANGE PLAN.] The state board, with the
advice and assistance of the ESV computer council and the
information policy office, shall develop a long-range plan for
providing administrative data processing to elementary,
secondary, and technical institute school districts, the
department of education, and the legislature. In developing the
plan, the state board shall consider at least the following:
desirable major enhancements to the ESV-IS and SDE-IS; new
system development proposals; new or modified approaches to
provide support services to districts; the responsibility of
regional management information centers to provide reports to
the department on behalf of affiliated districts; and related
development and implementation time schedules. The long-range
plan shall address the feasibility and practicability of
utilizing microcomputers, minicomputers, and larger computer
systems. The preliminary plan shall be prepared by November 1,
1981, and the plan shall be completed by January 1, 1982. The
plan shall be updated by September 15 of each even-numbered
year. The long-range plan shall consist of one document and
shall incorporate the systems architecture plan and all relevant
portions of previous documents which have been referred to as
the state computing plan.
Sec. 4. Minnesota Statutes 1988, section 121.931,
subdivision 7, is amended to read:
Subd. 7. [APPROVAL POWERS.] The state board, with the
advice and assistance of the ESV computer council and the
information policy office of the department of administration,
shall approve or disapprove the following, according to the
criteria in section 121.937 and rules adopted pursuant to
subdivision 8:
(a) the creation of regional management information centers
pursuant to section 121.935;
(b) the transfer by a district of its affiliation from one
regional management information center to another;
(c) the use by a district of a management information
system other than the ESV-IS subsystem through the regional
management information center or a state board approved
alternative system pursuant to section 121.936, subdivisions 2
to 4; and
(d) annual and biennial plans and budgets submitted by
regional management information centers pursuant to section
121.935, subdivisions 3 and 4.
Sec. 5. Minnesota Statutes 1988, section 121.934,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The council shall be composed of:
(a) four six representatives of school districts, including
one school district administrator from a rural school district,
one school district administrator from an urban school district,
one school board member from a rural school district, and one
school board member from an urban school district, one teacher
from a rural school district, and one teacher from an urban
school district;
(b) three persons employed in management positions in the
private sector, at least two of whom are data processing
managers or hold an equivalent position in the private sector;
(c) three persons employed in management positions in the
public sector other than elementary, secondary, or vocational
education, at least two of whom are data processing managers or
hold an equivalent position in the public sector;
(d) one person from the general public;
(e) one person representing post-secondary vocational
technical education; and
(f) (e) one person from the department of education.
Members selected pursuant to clauses (b) and (c) shall not
be employees or board members of local school districts or the
department of education. The council shall include at least one
resident of each congressional district.
Sec. 6. Minnesota Statutes 1988, section 121.935,
subdivision 6, is amended to read:
Subd. 6. [FEES.] Regional management information centers
may charge fees to affiliated districts for the cost of services
provided to the district and the district's proportionate share
of outstanding regional debt. If a district uses a state
approved alternative finance system for processing its detailed
transactions or transfers to another region, the district is
liable for its contracted proportionate share of the outstanding
regional debt. The district is not liable for any additional
outstanding regional debt that occurs after written notice is
given to transfer or use an alternative finance system. In no
event shall the annual fee of a district participating in a
state pilot program of an alternative financial management
information system exceed the annual fee chargeable to the
district in the absence of the pilot program. A regional
management information center must not charge a district for
transferring the district's summary financial data and essential
data elements to the state. The regional management information
center may charge the district for any service it provides to,
or performs on behalf of, a district to render the data in the
proper format for reporting to the state.
Sec. 7. Minnesota Statutes 1988, section 121.936,
subdivision 4a, is amended to read:
Subd. 4a. By July 1, 1984, The department of education
shall develop and implement an alternative reporting system for
submission of financial data in summary form. This system shall
accommodate the use of a microcomputer finance system to be
developed and maintained by the department of education. The
alternative reporting system must comply with sections 121.90 to
121.917. The provisions of this subdivision shall not be
construed to require the department to purchase computer
hardware nor to prohibit the department from purchasing services
from any regional management information center or the Minnesota
educational computing consortium.
Sec. 8. Minnesota Statutes 1988, section 123.58,
subdivision 9, is amended to read:
Subd. 9. [FINANCIAL SUPPORT FOR THE EDUCATIONAL
COOPERATIVE SERVICE UNITS.] (a) Financial support for ECSU
programs and services shall be provided by participating local
school districts and nonpublic school administrative units with
private, state and federal financial support supplementing as
available. The ECSU board of directors may, in each year, for
the purpose of paying any administrative, planning, operating,
or capital expenses incurred or to be incurred, assess and
certify to each participating school district and nonpublic
school administrative unit its proportionate share of any and
all expenses. This share shall be based upon the extent of
participation by each district or nonpublic school
administrative unit and shall be in the form of a service fee.
Each participating district and nonpublic school administrative
unit shall remit its assessment to the ECSU board as provided in
the ECSU bylaws. The assessments shall be paid within the
maximum levy limitations of each participating district. No
participating school district or nonpublic school administrative
unit shall have any additional liability for the debts or
obligations of the ECSU except that assessment which has been
certified as its proportionate share or any other liability the
school district or nonpublic school administrative unit agrees
to assume.
(b) Any property acquired by the ECSU board is public
property to be used for essential public and governmental
purposes which shall be exempt from all taxes and special
assessments levied by a city, county, state or political
subdivision thereof. If the ECSU is dissolved, its property
must be distributed to the member public school districts at the
time of the dissolution.
(c) A school district or nonpublic school administrative
unit may elect to withdraw from participation in the ECSU by a
majority vote of its full board membership and upon compliance
with the applicable withdrawal provisions of the ECSU
organizational agreement. Upon receipt of the withdrawal
resolution reciting the necessary facts, the ECSU board shall
file a certified copy with the state board of education. The
withdrawal shall be effective on the June 30 following receipt
by the board of directors of written notification of the
withdrawal at least six months prior to June 30.
Notwithstanding the withdrawal, the proportionate share of any
expenses already certified to the withdrawing school district or
nonpublic school administrative unit for the ECSU shall be paid
to the ECSU board.
(d) The ECSU is a public corporation and agency and its
board of directors may make application for, accept and expend
private, state and federal funds that are available for programs
of educational benefit approved by the state board of education
in accordance with rules adopted by the state board of education
pursuant to chapter 14. The state board of education shall not
distribute special state aid or federal aid directly to an ECSU
in lieu of distribution to a school district within the ECSU
which would otherwise qualify for and be entitled to this aid
without the consent of the school board of that district.
(e) The ECSU is a public corporation and agency and as
such, no earnings or interests of the ECSU may inure to the
benefit of an individual or private entity.
Sec. 9. Minnesota Statutes 1988, section 126.56,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE PROGRAMS INSTITUTIONS.] A scholarship
may be used only for an eligible program. An eligible program
shall be approved by the state board of education. An eligible
program shall be sponsored by at an eligible institution. A
Minnesota public post-secondary institution is an eligible
institution. A private post-secondary institution that is
eligible if it:
(1) is accredited by the North Central Association of
Colleges;
(2) offers at least an associate or baccalaureate degree
program approved under section 136A.65, subdivision 1; and
(3) is located in Minnesota.
An eligible program shall, as its primary purpose, provide
academic instruction for student enrichment in curricular areas
including, but not limited to, communications, humanities,
social studies, social science, science, mathematics, art, or
foreign language. The program shall not be offered for credit
to post-secondary students. It shall not provide remedial
instruction. Additional requirements for eligibility may be
established by the state board of education and the higher
education coordinating board.
Sec. 10. Minnesota Statutes 1988, section 126.56, is
amended by adding a subdivision to read:
Subd. 4a. [ELIGIBLE PROGRAMS.] A scholarship may be used
only for an eligible program. To be eligible, a program must:
(1) provide, as its primary purpose, academic instruction
for student enrichment in curricular areas including, but not
limited to, communications, humanities, social studies, social
science, science, mathematics, art, or foreign languages;
(2) not be offered for credit to post-secondary students;
(3) not provide remedial instruction;
(4) meet any other program requirements established by the
state board of education and the higher education coordinating
board; and
(5) be approved by the state board of education.
Sec. 11. [129B.481] [TEACHER CENTER GRANTS.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, "teacher" has the meaning given it in section 179A.03,
subdivision 18.
Subd. 2. [ESTABLISHMENT.] A teacher center may be
established by one or more school boards and the exclusive
representatives of the teachers. The teacher center shall serve
at least ten districts or 3,000 teachers.
Subd. 3. [POLICY BOARD MEMBERSHIP.] Representatives of
exclusive representatives and representatives of the school
boards shall mutually determine the composition of the policy
board according to the guidelines in this subdivision. A
majority of the policy board must be teachers. The number of
policy board members from each participating district must be in
proportion to the number of teachers in each district. The
board shall be composed of elementary teachers, secondary
teachers, and other teachers, parents, and representatives of
school boards, post-secondary education, business, and labor.
At least one teacher from each participating district shall be a
member of the board.
Subd. 4. [BOARD POWERS AND DUTIES.] The board shall
develop policy, designate a fiscal agent, adopt a budget, expend
funds to accomplish the purposes of the center, contract for
technical and other assistance, and perform other managerial or
supervisory activities consistent with the rules of the state
board of education. The board may employ staff or contract with
consultants for services.
Subd. 5. [CENTER FUNCTIONS.] A teacher center shall
perform functions according to this subdivision. The center
shall assist teachers, diagnose learning needs, experiment with
the use of multiple instructional approaches, assess pupil
outcomes, assess staff development needs and plans, and teach
school personnel about effective pedagogical approaches. The
center shall develop and produce curricula and curricular
materials designed to meet the educational needs of pupils being
served, by applying educational research and new and improved
methods, practices, and techniques. The center shall provide
programs to improve the skills of teachers to meet the special
educational needs of pupils. The center shall provide programs
to familiarize teachers with developments in curriculum
formulation and educational research, including how research can
be used to improve teaching skills. The center shall facilitate
sharing of resources, ideas, methods, and approaches directly
related to classroom instruction and improve teachers'
familiarity with current teaching materials and products for use
in their classrooms. The center shall provide in-service
programs.
Subd. 6. [TASK FORCE.] An advisory task force is
established to assist the board of teaching in various aspects
of teacher centers. The advisory task force consists of 14
persons appointed by the board of teaching as follows: (1) two
elementary, two secondary, and one special area teacher
recommended by the Minnesota federation of teachers; (2) two
elementary, two secondary, and one special area teacher
recommended by the Minnesota education association; (3) one
member recommended by the Minnesota school boards association;
(4) one member representing the faculty of post-secondary
colleges of education recommended by the higher education
coordinating board; (5) one member recommended by the
commissioner of education; and (6) one member recommended by the
state board of education.
Subd. 7. [GRANT APPLICATIONS AND AWARDS.] The board of
teaching, through the advisory task force, shall prescribe the
form and manner of applications for grants for teacher centers.
Each application must include the approval of the teachers'
exclusive representatives and the school boards of all
participating districts.
Upon approval of an application by the advisory task force,
the board of teaching shall award a planning grant of not more
than $75,000 for a teacher center. The grant shall be used to
develop a final plan of operation for a teacher center. The
advisory task force shall recommend the amount of a planning
grant based on the number of teachers to be served by the center.
Each grant recipient shall provide information to the board
of teaching about how the proceeds of the grant were used.
Sec. 12. [LOANS TO ECSUs.]
Subdivision 1. [ACCOUNT ESTABLISHED.] During the biennium,
an account in the state treasury shall be established to loan
money to an educational cooperative service unit to the extent a
loan is necessary to meet cash flow needs.
Subd. 2. [LOANS AND REPAYMENT.] The commissioner of
education, in consultation with the commissioner of finance,
shall establish criteria for determining cash flow needs and
conditions and procedures for a loan. The commissioner of
education, in consultation with the commissioner of finance,
shall approve or disapprove each loan application according to
the demonstrated need of the ECSU. An ECSU shall repay the
loan, with interest at the average monthly rate on invested
treasurer's cash, by June 30 of the fiscal year in which the
money was loaned. If the ECSU does not repay the loan according
to the terms of the loan, the commissioner of education shall
withhold state payments to the ECSU and aid to the school
districts that are members of the ECSU, in proportion to the
number of pupil units in each district, in an amount equal to
the outstanding loan amount.
Sec. 13. [APPROPRIATION.]
Subdivision 1. [HIGHER EDUCATION COORDINATING BOARD.] The
sums indicated in this section are appropriated from the general
fund to the higher education coordinating board for the fiscal
years designated.
Subd. 2. [SUMMER PROGRAM SCHOLARSHIPS.] To the higher
education coordinating board, for scholarship awards for summer
programs according to Minnesota Statutes, section 126.56:
$214,000 ..... 1990,
$214,000 ..... 1991.
Of this appropriation, any amount required by the higher
education coordinating board may be used for the board's costs
of administering the program.
Sec. 14. [APPROPRIATIONS.]
Subdivision 1. [BOARD OF TEACHING.] The sums indicated in
this section are appropriated from the general fund to the board
of teaching for the fiscal years designated. Any unexpended
balance from the appropriations in this section in the first
year does not cancel and is available for the second year.
Subd. 2. [TEACHER CENTER GRANTS.] To the board of teaching
for grants to teacher centers according to section 11:
$150,000 ..... 1990
$150,000 ..... 1991
A grant must be awarded to each existing teacher center
under Laws 1987, chapter 398, article 8, section 43.
Sec. 15. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [TEACHER MENTORSHIP.] For grants to develop
mentoring programs in school districts according to Minnesota
Statutes, section 125.231:
$250,000 ..... 1990
$250,000 ..... 1991
Any unexpended balance in the first year does not cancel
and is available for the second year.
Subd. 3. [ADMINISTRATOR'S ACADEMY.] For the
administrator's academy:
$168,000 ..... 1990
$168,000 ..... 1991
$24,000 must be used each year for the school management
assessment center at the University of Minnesota.
Subd. 4. [OFFICE ON TRANSITION SERVICES.] For the
interagency office on transition services according to Minnesota
Statutes, section 120.183:
$80,000 ..... 1990
$80,000 ..... 1991
Subd. 5. [EDUCATIONAL COOPERATIVE SERVICE UNITS.] For
educational cooperative service units:
$749,000 ..... 1990
$749,000 ..... 1991
The 1990 appropriation includes $113,000 for 1989 and
$636,000 for 1990.
The 1991 appropriation includes $113,000 for 1990 and
$636,000 for 1991.
Money from this appropriation may be transmitted to ECSU
boards of directors for general operations in amounts of up to
$68,000 per ECSU for each fiscal year. The ECSU whose
boundaries coincide with the boundaries of development region 11
and the ECSU whose boundaries encompass development regions six
and eight may receive up to $136,000 for each fiscal year.
Before releasing money to the ECSUs, the department of
education shall assure that the annual plan of each ECSU
explicitly addresses the specific educational services that can
be better provided by an ECSU than by a member district. The
annual plan must include methods to increase direct services to
school districts in cooperation with the state department of
education. The department may withhold all or a portion of the
money for an ECSU if the department determines that the ECSU has
not been providing services according to its annual plan.
Subd. 6. [MANAGEMENT INFORMATION CENTERS.] For management
information centers according to Minnesota Statutes, section
121.935, subdivision 5:
$3,411,000 ..... 1990
$3,411,000 ..... 1991
Subd. 7. [LEGISLATIVE COMMISSION ON PUBLIC EDUCATION.] To
the legislative commission on public education:
$250,000 ..... 1990.
The appropriation for fiscal year 1990 does not cancel and
is available until June 30, 1991.
Subd. 8. [STATE PER ASSISTANCE.] For state assistance for
planning, evaluating, and reporting:
$601,000 ..... 1990
$601,000 ..... 1991
At least $45,000 each year shall be used for assisting
districts with the assurance of mastery program.
Subd. 9. [EDUCATIONAL EFFECTIVENESS.] For educational
effectiveness programs according to Minnesota Statutes, sections
121.608 and 121.609:
$600,000 ..... 1990
$600,000 ..... 1991
Subd. 10. [CURRICULUM AND TECHNOLOGY INTEGRATION.] For
curriculum and technology services:
$600,000 ..... 1990,
$600,000 ..... 1991.
Up to $355,000 each year shall be used for courseware
integration centers.
Up to $215,000 each year shall be used for technology
services.
Up to $30,000 each year may be used for disseminating
information about technology innovations identified in the
technology demonstration sites.
Subd. 11. [ARTS PLANNING PROGRAM ASSISTANCE.] For
technical assistance for the comprehensive arts planning program
according to Minnesota Statutes, section 129B.21:
$38,000 ..... 1990,
$38,000 ..... 1991.
The appropriation for 1990 does not cancel but is available
for fiscal year 1991.
Subd. 12. [ACADEMIC EXCELLENCE FOUNDATION.] For the
academic excellence foundation according to Minnesota Statutes,
section 121.612:
$160,000 ..... 1990
$160,000 ..... 1991
Up to $50,000 each year is contingent upon the department's
receipt of $1 from private sources for each $1 of the
appropriation. The commissioner of education must certify
receipt of the private matching funds.
Subd. 13. [HEALTH AND WELLNESS CURRICULUM.] For the
development and dissemination of the comprehensive health and
wellness curriculum:
$30,000 ..... 1990
The appropriation is available until June 30, 1991.
Subd. 14. [ECSU LOANS.] For loans to ECSUs:
$500,000 ..... 1990
$500,000 ..... 1991
It is anticipated that loans of not more than the amount
appropriated will be repaid or otherwise recovered by June 30
each fiscal year.
Sec. 16. [APPROPRIATION.]
Subdivision 1. [STATE UNIVERSITY BOARD.] The sums
indicated in this section are appropriated from the general fund
to the state university board for the fiscal years designated.
Subd. 2. [FACULTY EXCHANGE.] For expenses incurred by
elementary and secondary teachers participating in the faculty
education exchange:
$25,000 ..... 1990
The appropriation is available until June 30, 1991.
Sec. 17. [APPROPRIATION.]
Subdivision 1. [BOARD OF REGENTS.] The sums indicated in
this section are appropriated from the general fund to the board
of regents of the University of Minnesota for the fiscal years
designated.
Subd. 2. [FACULTY EXCHANGE.] For expenses incurred by
elementary and secondary teachers participating in the faculty
education exchange:
$25,000 ..... 1990
The appropriation is available until June 30, 1991.
Sec. 18. [REPEALER.]
Minnesota Statutes 1988, section 126.81, is repealed. Laws
1988, chapter 718, article 5, section 4, is repealed.
Sec. 19. [EFFECTIVE DATE.]
Section 5 is effective the day following final enactment.
The changes in the composition of the ESV computer council shall
occur as vacancies occur or the terms of members expire.
ARTICLE 12
STATE AGENCIES'
APPROPRIATIONS FOR EDUCATION
Section 1. Minnesota Statutes 1988, section 43A.08,
subdivision 1a, is amended to read:
Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing
authorities for the following agencies may designate additional
unclassified positions according to this subdivision: the
departments of administration; agriculture; commerce;
corrections; jobs and training; education; employee relations;
trade and economic development; finance; health; human rights;
labor and industry; natural resources; office of administrative
hearings; public safety; public service; human services;
revenue; transportation; and veterans affairs; the housing
finance, state planning, and pollution control agencies; the
state board of investment; the waste management board; the
offices of the secretary of state, state auditor, and state
treasurer; the state board of vocational technical education;
the school and resource Minnesota center for the arts education;
and the Minnesota zoological board.
A position designated by an appointing authority according
to this subdivision must meet the following standards and
criteria:
(1) the designation of the position would not be contrary
to other law relating specifically to that agency;
(2) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated
as part of the agency head's management team;
(3) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;
(5) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with the
governor and the agency head, or the employing constitutional
officer;
(6) the position would be at the level of division or
bureau director or assistant to the agency head; and
(7) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 2. Minnesota Statutes 1988, section 128A.09, is
amended to read:
128A.09 [SERVICE, SEMINAR, AND CONFERENCE FEES.]
Subdivision 1. [DEPOSIT; CREDIT RENTAL INCOME;
APPROPRIATION.] Fees and Rental income, excluding rent for land
and living residences, collected by the academies for services,
seminars, and conferences must be deposited in the state
treasury and credited to the a revolving fund of the academies.
Money in the revolving fund for rental income is annually
appropriated to the academies for staff development purposes.
Payment from the revolving fund for rental income may be made
only according to vouchers authorized by the administrator of
the academies.
Subd. 2. [ADMINISTRATOR'S VOUCHERS FEES;
APPROPRIATION.] Payment may be made from the revolving fund only
according to vouchers authorized by the administrator of the
academies. Income from fees for conferences, seminars,
nondistrict technical assistance, and production of
instructionally-related materials must be deposited in the state
treasury and credited to a revolving fund of the academies.
Money in the revolving fund for fees from conferences, seminars,
nondistrict technical assistance, and production of
instructionally-related materials is annually appropriated to
the academies to defray expenses of the services conferences,
seminars, technical assistance, and conferences production of
materials. Payment from the revolving fund for conferences and
other fees may be made only according to vouchers authorized by
the administrator of the academies.
Sec. 3. Minnesota Statutes 1988, section 129C.10, is
amended to read:
129C.10 [MINNESOTA SCHOOL AND RESOURCE CENTER FOR THE
ARTS EDUCATION.]
Subdivision 1. [GOVERNANCE.] The board of the Minnesota
school and resource center for the arts education shall consist
of 15 persons. The members of the board shall be appointed by
the governor with the advice and consent of the senate. At
least one member must be appointed from each congressional
district.
Subd. 2. [TERMS, COMPENSATION, AND OTHER.] The membership
terms, compensation, removal of members, and filling of
vacancies shall be as provided for in section 15.0575. A member
may serve not more than two consecutive terms.
Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has
the powers necessary for the care, management, and control of
the Minnesota school and resource center for the arts education
and all its real and personal property. The powers shall
include, but are not limited to, those listed in this
subdivision.
(b) The board may employ and discharge necessary employees,
and contract for other services to ensure the efficient
operation of the school and resource center for arts education.
(c) The board may receive and award grants. The board may
establish a charitable foundation and accept, in trust or
otherwise, any gift, grant, bequest, or devise for educational
purposes and hold, manage, invest, and dispose of them and the
proceeds and income of them according to the terms and
conditions of the gift, grant, bequest, or devise and its
acceptance.
(d) The board may establish or coordinate evening,
continuing education, extension, and summer programs through the
resource center for teachers and pupils.
(e) The board may identify pupils in grades 9 to 12 who
have artistic talent, either demonstrated or potential, in
dance, literary arts, media arts, music, theater, and visual
arts, or in more than one art form.
(f) The board shall educate pupils with artistic talent by
providing:
(1) a pilot interdisciplinary academic and arts program for
pupils in the 11th and 12th grades, beginning with 135 pupils in
the 11th grade in September 1989, and 135 pupils in the 11th
grade and 135 pupils in the 12th grade in September 1990;
(2) intensive arts seminars for one or two weeks for 9th
and 10th grade pupils in grades 9 to 12;
(3) summer arts institutes for pupils in grades 9 to 12;
(4) artist mentor and extension programs in regional sites;
and
(5) teacher education programs for indirect curriculum
delivery.
(g) The board may determine the location for the Minnesota
school and resource center for the arts education and any
additional facilities related to the school center, including
the authority to lease a temporary facility.
(h) The board must plan for the enrollment of pupils on an
equal basis from each congressional district.
(i) The board may establish task forces as needed to advise
the board on policies and issues. The task forces expire as
provided in section 15.059, subdivision 6.
(j) The board may request the commissioner of education for
assistance and services.
(k) The board may enter into contracts with other public
and private agencies and institutions for residential and
building maintenance services if it determines that these
services could be provided more efficiently and less expensively
by a contractor than by the board itself. The board may also
enter into contracts with public or private agencies and
institutions, school districts or combinations of school
districts, or educational cooperative service units to provide
supplemental educational instruction and services.
(l) The board may provide or contract for services and
programs by and for the arts high school center for arts
education, including a school store, operating in connection
with the school center; theatrical events; and other programs
and services that, in the determination of the board, serve the
purposes of the arts high school center.
(m) The board may provide for transportation of pupils to
and from the school and resource center for the arts education
for all or part of the school year, as the board considers
advisable and subject to its rules. Notwithstanding any other
law to the contrary, the board may charge a reasonable fee for
transportation of pupils. Every driver providing transportation
of pupils under this paragraph must possess all qualifications
required by the state board of education. The board may
contract for furnishing authorized transportation under rules
established by the commissioner of education and may purchase
and furnish gasoline to a contract carrier for use in the
performance of a contract with the board for transportation of
pupils to and from the school and resource center for the arts
education. When transportation is provided, scheduling of
routes, establishment of the location of bus stops, the manner
and method of transportation, the control and discipline of
pupils, and any other related matter is within the sole
discretion, control, and management of the board.
(n) The board may provide room and board for its pupils.
(o) The board may establish and set fees for services and
programs without regard to chapter 14. If the board sets fees
not authorized or prohibited by the Minnesota public school fee
law, it may do so without complying with the requirements of
section 120.75, subdivision 1.
Subd. 3a. [ARTS HIGH SCHOOL CENTER FUND APPROPRIATION.]
There is established in the state treasury an a center for arts
high school education fund. All money collected by the board
shall be deposited in the fund. Money in the fund, including
interest earned, is annually appropriated to the board for the
operation of its services and programs.
Subd. 4. [EMPLOYEES.] (a) (1) The board shall appoint a
director of the school and resource center for the arts
education who shall serve in the unclassified service.
(2) The board shall employ, upon recommendation of the
director, a coordinator of the resource center programs who
shall serve in the unclassified service.
(3) The board shall employ, upon recommendation of the
director, up to six department chairs who shall serve in the
unclassified service. The chairs shall be licensed teachers
unless no licensure exists for the subject area or discipline
for which the chair is hired.
(4) The board may employ other necessary employees, upon
recommendation of the director.
(5) The board shall employ, upon recommendation of the
director, an executive secretary for the director, who shall
serve in the unclassified service.
(b) The employees hired under this subdivision and other
necessary employees hired by the board shall be state employees
in the executive branch.
Subd. 4a. [ADMISSION AND CURRICULUM REQUIREMENTS
GENERALLY.] (a) The board may adopt rules for admission to and
discharge from the school full-time programs for talented pupils
and rules regarding the operation of the school and resource
center, including transportation of its pupils. Rules covering
admission and discharge are governed by chapter 14. Rules
covering discharge from the full-time program for talented
pupils must be consistent with sections 127.26 to 127.39, the
pupil fair dismissal act. Rules regarding discharge and the
operation of the school center are not governed by chapter 14.
(b) Proceedings concerning the full-time program for
talented pupils, including admission to or, discharge from the
school, a pupil's program at the school, and a pupil's
progress at the school, are governed by the rules adopted by the
board and are not contested cases governed by chapter 14.
Subd. 5. [RESOURCE CENTER PROGRAMS.] The Resource center
shall offer programs that are must be directed at improving arts
education in elementary and secondary schools throughout the
state. The programs offered shall include at least summer
institutes offered to pupils in various regions of the state,
in-service workshops for teachers, and leadership development
programs for teachers. The board shall establish a
resource center programs advisory council composed of elementary
and secondary arts educators, representatives from
post-secondary educational institutions, department of
education, state arts board, regional arts councils, educational
cooperative service units, school district administrators,
parents, and other organizations involved in arts education.
The advisory council shall include representatives from a
variety of arts disciplines and from various areas of the
state. The advisory council shall advise the board about
the activities of the center resource programs. Programs
offered through the Resource center programs shall promote and
develop arts education programs offered by school districts and
arts organizations and shall assist school districts and arts
organizations in developing innovative programs programming.
The board may contract with arts organizations to
provide resource programs through the resource center. The
advisory council shall advise the board on contracts
and programs grants related to the operation of the resource
center programs.
Subd. 6. [PUBLIC POST-SECONDARY INSTITUTIONS; PROVIDING
SPACE.] Public post-secondary institutions shall provide space
for programs offered by the Minnesota school and resource center
for the arts education at no cost to the Minnesota school and
resource center for the arts to the extent that space is
available at the public post-secondary institutions.
Sec. 4. Minnesota Statutes 1988, section 141.25,
subdivision 8, is amended to read:
Subd. 8. [FEES AND TERMS OF LICENSE.] (a) Applications for
initial license under sections 141.21 to 141.36 shall be
accompanied by $440 $510 as a nonrefundable application fee.
(b) All licenses shall expire on December 31 of each year.
Each renewal application shall be accompanied by a nonrefundable
renewal fee of $330 $380.
(c) Application for renewal of license shall be made on or
before October 1 of each calendar year. Each renewal form shall
be supplied by the commissioner. It shall not be necessary for
an applicant to supply all information required in the initial
application at the time of renewal unless requested by the
commissioner.
Sec. 5. Minnesota Statutes 1988, section 141.26,
subdivision 5, is amended to read:
Subd. 5. [FEE.] The initial and renewal application for
each permit shall be accompanied by a nonrefundable fee of $165
$190.
Sec. 6. Minnesota Statutes 1988, section 297A.25,
subdivision 11, is amended to read:
Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from
all sales, including sales in which title is retained by a
seller or a vendor or is assigned to a third party under an
installment sale or lease purchase agreement under section
465.71, of tangible personal property to, and all storage, use
or consumption of such property by, the United States and its
agencies and instrumentalities, the University of Minnesota,
state universities, community colleges, technical institutes,
state academies, the Minnesota center for arts education, and
political subdivisions of the state are exempt. Sales exempted
by this subdivision include sales under section 297A.01,
subdivision 3, clause (f). This exemption shall not apply to
building, construction or reconstruction materials purchased by
a contractor or a subcontractor as a part of a lump-sum contract
or similar type of contract with a guaranteed maximum price
covering both labor and materials for use in the construction,
alteration or repair of a building or facility. This exemption
does not apply to construction materials purchased by tax exempt
entities or their contractors to be used in constructing
buildings or facilities which will not be used principally by
the tax exempt entities.
Sec. 7. [INSTRUCTION TO REVISOR.]
The revisor of statutes is requested to change the name of
Minnesota Statutes, chapter 129C, from "Minnesota School and
Resource Center for the Arts" to "Minnesota Center for Arts
Education."
Sec. 8. [MAGNET ARTS PROGRAMS.]
The center shall identify at least one school district in
each congressional district with the interest and potential to
offer magnet arts programs using the curriculum developed by the
Minnesota center for arts education. A report on legislative
action needed to implement magnet arts programs shall be
submitted to the education committees of the legislature by
February 1, 1990.
Sec. 9. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general
fund, unless otherwise indicated, to the department of education
for the fiscal years designated.
The amounts that may be spent for each program are
specified in the following subdivisions.
The approved complement is:
1990 1991
General Fund 262.5 262.5
Federal 128.4 129.4
Other 28.1 28.1
Total 419.0 420.0
The commissioner of education, with the approval of the
commissioner of finance, may transfer unencumbered balances
among the programs during the biennium. Transfers must be
reported immediately to the house education finance division and
the senate education funding division. During the biennium, the
commissioner may transfer money among the various objects of
expenditure categories and activities within each program,
unless restricted by executive order.
The commissioner of education, with the approval of the
commissioner of finance, may transfer complement among funds if
necessary. The commissioner must report material changes to the
house education finance division and the senate education
funding division.
Subd. 2. [EDUCATIONAL SERVICES.]
$8,302,000 ..... 1990
$7,571,000 ..... 1991
$21,000 each year is from the trunk highway fund.
$100,000 each year is from the alcohol-impaired driver
education account in the special revenue fund.
The federal complement of the community education section
is increased by 3.0.
The base in the learner support section is reduced by
$691,000 in 1991.
$1,191,000 in 1990 and $500,000 in 1991 are for the learner
support section. Any unexpended balance remaining in the first
year is available for the second year. For the purpose of
developing the fiscal years 1992-1993 biennial budget, the base
for the learner support section is $220,000 each year plus
allowable statewide department of finance base adjustments.
The state complement in the institutional approval section
is increased by 1.0.
The state complement in the equal opportunities section is
increased by 1.0.
The state complement of the Indian education section is
increased by 4.0.
$47,000 is added to the vocational student organization
base in 1990 only.
The state complement of the assessment and program
evaluation section is increased by 4.5. $495,000 each year is
for 2.0 of the 4.5 complement and for continued development of
the assessment item bank and for technical assistance to
districts in the use of assessment measures including the item
bank.
One complement in the curriculum services section is
transferred from the public health fund to the general fund.
$450,000 each year may be used for the identification and
integration of learner outcomes. Of these amounts, $175,000 in
fiscal year 1990 is for the identification and development of
vocational career learner outcomes.
The federal complement of the curriculum services section
is increased by 2.0.
The federal complement of the special education section is
increased by 1.0 in 1991.
The state complement includes 1.0 for the office of
educational leadership and the federal complement includes 3.0
for the office of educational leadership.
Subd. 3. [ADMINISTRATION AND FINANCIAL SERVICES.]
$8,851,700 ..... 1990
$8,906,700 ..... 1991
The state complement of the education finance and analysis
section is increased by 2.0 for processing pupil enrollment
transfers. The base in the education finance and analysis
section is reduced by $30,000 each year for program cost
analysis.
School districts shall report information on salary
schedules to the department of education in a manner prescribed
by the department.
$25,000 each year is for the development and distribution
of training videos for school bus drivers.
The state complement of the education data systems section
is increased by 6.0.
$1,267,000 in 1990 and $1,420,000 in 1991 are for the
education data systems section. $15,000 each year of these
amounts are for the expenses of the ESV computer council. Any
unexpended balance remaining in the first year does not cancel
and is available for the second year.
The ESV computer council shall study and evaluate the
current structure of regional management information centers.
The study shall include at least the following:
(1) the number and location of regional data processing
centers;
(2) the number, location, and administrative structure of
regional service centers;
(3) the relationship of regional computing centers to the
departments of administration and education;
(4) the administrative relationship of regional processing
or service centers to other regional administrative units,
including educational cooperative service units;
(5) the relationship of the development of regional
processing to state telecommunications networks; and
(6) other administrative or related issues, as determined
by the council.
The council shall report to the education committees of the
legislature by February 1, 1990, its recommendations for
changes. The report shall also include recommendations about
the role of the council in implementing the recommendations.
$50,000 in 1990 is for the ESV computer council to contract
with the information policy office in the department of
administration for this study.
The child nutrition section is reduced by $30,000 each year.
$14,000 each year is for internal auditing of the
department. The auditing shall include analysis of the payment
of credits and aids by the department to school districts.
The commissioner shall maintain no more than six total
complement in the categories of commissioner, deputy
commissioner, assistant commissioner, assistant to the
commissioner, or executive assistant.
$50,000 in 1990 is for development of an information
management policy within the department of education to analyze
the purpose and use of the integrated data base and other data
gathered by the department from school districts. The policy
shall consider uses of the information by the department of
education, other state departments, the public, and the
legislature. The department may contract with an independent
consultant to design an information management policy.
The state complement for the administrative support section
is increased by 2.5 including 0.5 for affirmative action and 2.0
for publications.
The state complement of the Minnesota academic excellence
foundation is increased by 0.5.
$168,000 each year is for the state board of education.
The state complement for the state board is increased by 1.0.
$179,700 in fiscal year 1990 and $179,700 in fiscal year
1991 are for expenses incurred for litigation of a challenge to
the constitutionality of the education financing system. Any
unencumbered balances must not be transferred to other programs.
Sec. 10. [FARIBAULT ACADEMIES APPROPRIATION.]
The sums indicated in this section are appropriated to the
department of education for the Faribault Academies:
$7,139,000 ..... 1990
$7,139,000 ..... 1991
$115,000 each year is for an extended year program.
$16,000 each year is for the resource center.
Any unexpended balance in the first year does not cancel
and is available for the second year.
The approved complement is:
1990 1991
General fund 185.6 185.6
Federal 8.0 8.0
Total 193.6 193.6
The state board of education, with the approval of the
commissioner of finance, may transfer complement among funds if
necessary. The state board must report material changes to the
house education finance division and the senate education
funding division.
Sec. 11. MINNESOTA CENTER
FOR ARTS EDUCATION
Total Appropriations $ 5,800,000 $ 6,200,000
Approved Complement - 1990 1991
General Fund - 39.0 49.0
Total - 39.0 49.0
The state complement for the Minnesota center for arts
education is increased by 18.0 for the first year and 28.0 the
second year.
Any unexpended balance from the appropriation in this
section in 1990 does not cancel but is available in 1991.
ARTICLE 13
TECHNICAL CHANGES
FOR SCHOOL DISTRICT PROPERTY TAXES
Section 1. Minnesota Statutes 1988, section 124.2131,
subdivision 1, is amended to read:
Subdivision 1. [ADJUSTED GROSS TAX CAPACITY.] (a) [
COMPUTATION.] The department of revenue shall annually conduct
an assessment/sales ratio study of the taxable property in each
school district in accordance with the procedures referenced in
paragraphs (b) and (c). Based upon the results of this
assessment/sales ratio study, the department of revenue shall
determine an aggregate equalized gross tax capacity and an
aggregate equalized net tax capacity for the various strata
classes of taxable property in each school district, which tax
capacity shall be designated as the adjusted gross tax
capacity and the adjusted net tax capacity, respectively. The
department of revenue shall take such steps as are necessary in
the performance of that duty and may incur such the expense as
is necessary therefor to make the determinations. The
commissioner of revenue is authorized to may reimburse any
county or governmental official for requested services performed
in ascertaining such the adjusted gross tax capacity and the
adjusted net tax capacity. On or before March 15 annually, the
department of revenue shall file with the chair of the tax
committee of the house of representatives and the chair of the
committee on taxes and tax laws of the senate a report of
adjusted gross tax capacities and adjusted net tax capacities.
On or before June 15, annually, the department of revenue shall
file its final report on the adjusted gross tax capacities and
adjusted net tax capacities established by the previous year's
assessment with the commissioner of education and each county
auditor for those school districts for which the auditor has the
responsibility for determination of mill tax capacity rates. A
copy of the adjusted gross tax capacity report so filed shall be
forthwith mailed to the clerk of each district involved and to
the county assessor or supervisor of assessments of the county
or counties in which each district is located.
(b) [METHODOLOGY.] In making its annual assessment/sales
ratio studies, the department of revenue shall use a methodology
consistent with the most recent Standard on Assessment Ratio
Studies published by the assessment standards committee of the
International Association of Assessing Officers. The
commissioner of revenue shall supplement this general
methodology with specific procedures necessary for proper
execution of the study in accordance with other Minnesota laws
impacting the assessment/sales ratio study. The commissioner
shall document these specific procedures in writing and shall
publish the procedures in the State Register, but these
procedures will not be considered "rules" pursuant to the
Minnesota administrative procedure act. By January 15, 1985,
the commissioner shall report to the chairs of the house tax
committee and the senate committee on taxes and tax laws the
results of a study which the commissioner shall prepare
comparing the 1983 sales ratio study based upon the original
1983 assessment/sales ratio study methodology with the new
methodology as provided in clause (b). The 1984 adjusted
assessed values which are certified to the commissioner of
education shall be computed using the 1983 assessment/sales
ratio study methodology unless the 1985 legislature directs
otherwise.
(c) [AGRICULTURAL LANDS.] For purposes of determining the
adjusted gross tax capacity and adjusted net tax capacity of
agricultural lands for the calculation of 1987 adjusted gross
tax capacities and thereafter adjusted net tax capacities, the
market value of agricultural lands shall be the price for which
the property would sell in an arms length transaction.
Sec. 2. Minnesota Statutes 1988, section 124.38,
subdivision 7, is amended to read:
Subd. 7. [MAXIMUM EFFORT DEBT SERVICE LEVY.] "Maximum
effort debt service levy" means the lesser of:
(1) A levy in whichever of the following amounts is
applicable:
(a) In any school district granted a debt service loan
after July 31, 1981 or granted a capital loan which is approved
after July 31, 1981, a levy in a total dollar amount computed as
16 mills a gross tax capacity rate of 13.08 percent on the
adjusted gross tax capacity for taxes payable in 1990 or a net
tax capacity rate of 16.27 percent on the adjusted net tax
capacity for taxes payable in 1991 and thereafter;
(b) In any school district granted a debt service loan
before August 1, 1981 or granted a capital loan which was
approved before August 1, 1981, a levy in a total dollar amount
computed as 15 mills a gross tax capacity rate of 12.26 percent
on the adjusted gross tax capacity for taxes payable in 1990 or
a net tax capacity rate of 15.26 percent on the net tax capacity
for taxes payable in 1991 and thereafter, until and unless the
district receives an additional loan; or
(2) A levy in whichever of the following amounts is
applicable:
(a) In any school district which received a debt service or
capital loan from the state before January 1, 1965, a levy in a
total dollar amount computed as 4.10 mills on the market value
in each year, unless the district applies or has applied for an
additional loan subsequent to January 1, 1965, or issues or has
issued bonds on the public market, other than bonds refunding
state loans, subsequent to January 1, 1967;
(b) In any school district granted a debt service or
capital loan between January 1, 1965, and July 1, 1969, a levy
in a total dollar amount computed as 5-1/2 mills on the market
value in each year, until and unless the district receives an
additional loan;
(c) In any school district granted a debt service or
capital loan between July 1, 1969 and July 1, 1975, a levy in a
total dollar amount computed as 6.3 mills on market value in
each year until and unless the district has received an
additional loan;
(d) In any school district for which a capital loan was
approved prior to August 1, 1981, a levy in a total dollar
amount equal to the sum of the amount of the required debt
service levy and an amount which when levied annually will in
the opinion of the commissioner be sufficient to retire the
remaining interest and principal on any outstanding loans from
the state within 30 years of the original date when the capital
loan was granted; provided, that the school board in any
district affected by the provisions of clause (2)(d) may elect
instead to determine the amount of its levy according to the
provisions of clause (1); provided further that if a district's
capital loan is not paid within 30 years because it elects to
determine the amount of its levy according to the provisions of
clause (2)(d), the liability of the district for the amount of
the difference between the amount it levied under clause (2)(d)
and the amount it would have levied under clause (1), and for
interest on the amount of that difference, shall not be
satisfied and discharged pursuant to section 124.43, subdivision
4.
Sec. 3. Minnesota Statutes 1988, section 124.43,
subdivision 1, is amended to read:
Subdivision 1. [REVIEW BY COMMISSIONER.] (a) 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.
(b) Any school board 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 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 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 gross tax
capacity over the term of the loan, shall assume a levy equal to
16 mills a gross tax capacity rate of 13.08 percent times the
adjusted gross tax capacity for taxes payable in 1990 or a net
tax capacity rate of 16.27 percent for taxes payable in 1991 and
thereafter, 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 requested by the district under subdivision
2;
(2) Plus the aggregate principal amount of general
obligation bonds of the district outstanding on 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 gross tax
capacity, the following amount:
(i) for the period October 1, 1988, to September 30, 1989,
197 percent of its adjusted gross tax capacity,
(ii) for any 12-month period beginning October 1 of any
year after 1988, 245 percent of its adjusted net tax capacity as
most recently determined, whichever is less;
(3) Less the maximum net debt permissible for the district
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 gross tax capacity available at the
time of application, the following amount:
(i) for the period October 1, 1988, to September 30, 1989,
197 percent of its adjusted gross tax capacity,
(ii) for any 12-month period beginning October 1 of any
year after 1988, 245 percent of its adjusted net tax capacity as
most recently determined, 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. 4. Minnesota Statutes 1988, section 124.82,
subdivision 3, is amended to read:
Subd. 3. [FACILITIES DOWN PAYMENT LEVY REFERENDUM.] A
district may levy the tax capacity rate 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 as a percentage
of net tax capacity, state the amount that will be raised by
that tax capacity rate 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 tax
capacity rate applied to each year's gross the net tax capacity
for the year preceding the year the levy is certified 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.
Sec. 5. Minnesota Statutes 1988, section 134.33,
subdivision 1, is amended to read:
Subdivision 1. An establishment grant as described in
section 134.32, subdivision 2, shall be made to any regional
public library system for the first two state fiscal years after
a board of county commissioners has contracted to join that
system and has agreed that the county will provide the levels of
support for public library service specified in this section.
In the first year of participation 1990, the county shall
provide an amount of support equivalent to .3 mill times 0.25
percent of the adjusted gross tax capacity of the taxable
property of the county as determined by the commissioner of
revenue for the second year preceding that calendar year or
two-thirds of the per capita amount established under the
provisions of section 134.34, subdivision 1, whichever amount is
less. In the second year of participation 1991 and in each year
thereafter, the county shall provide an amount of support
equivalent to .4 mill times 0.41 percent of the adjusted gross
net tax capacity of the taxable property of the county as
determined by the commissioner of revenue for the second year
preceding that calendar year or the per capita amount
established under the provisions of section 134.34, subdivision
1, whichever is less. The minimum level of support shall be
certified annually to the county by the department of
education. In no event shall the department of education
require any county to provide a higher level of support than the
level of support specified in this section in order for a system
to qualify for an establishment grant. This section shall not
be construed to prohibit any county from providing a higher
level of support for public libraries than the level of support
specified in this section.
Sec. 6. Minnesota Statutes 1988, section 134.34,
subdivision 1, is amended to read:
Subdivision 1. [LOCAL SUPPORT LEVELS.] A regional library
basic system support grant shall be made to any regional public
library system where there are at least three participating
counties and where each participating city and county, except in
the first year of participation as provided in section 134.33,
is providing for public library service support the lesser of
(a) an amount equivalent to .4 mill times 0.33 percent of the
adjusted gross tax capacity of the taxable property of that city
or county, as determined by the commissioner of revenue for the
second year preceding that calendar year in 1990 and an amount
equivalent to .41 percent of the net tax capacity of the taxable
property of that city or county, as determined by the
commissioner of revenue for the second year preceding that
calendar year in 1991 and later years or (b) a per capita amount
calculated under the provisions of this subdivision. The per
capita amount is established for calendar year 1980 1990 as
$3 $3.62. In succeeding calendar years, the per capita amount
shall be increased by a percentage equal to one-half of the
percentage by which the total state adjusted gross net tax
capacity of property as determined by the commissioner of
revenue for the second year preceding that calendar year
increases over that total adjusted gross net tax capacity for
the third year preceding that calendar year. The minimum level
of support shall be certified annually to the participating
cities and counties by the department of education. A city
which is a part of a regional public library system shall not be
required to provide this level of support if the property of
that city is already taxable by the county for the support of
that regional public library system. In no event shall the
department of education require any city or county to provide a
higher level of support than the level of support specified in
this section in order for a system to qualify for a regional
library basic system support grant. This section shall not be
construed to prohibit a city or county from providing a higher
level of support for public libraries than the level of support
specified in this section.
Sec. 7. Minnesota Statutes 1988, section 273.1102,
subdivision 3, is amended to read:
Subd. 3. [1988 ADJUSTMENT.] For School districts district
levy limitations or authorities expressed in terms of mills and
adjusted assessed value, their levy limitations in any special
law that is not codified in Minnesota Statutes shall be
converted by the department of education to "equalized gross tax
capacity rates." for taxes payable in 1989 and 1990 and
equalized net tax capacity rates for taxes payable in 1991 and
thereafter. For purposes of this calculation, the 1987 adjusted
assessed values of the district shall be converted to "adjusted
gross tax capacities" by multiplying the equalized market values
by class of property by the gross tax capacity rates provided in
section 273.13. Each county assessor and the city assessors of
Minneapolis, Duluth, and St. Cloud shall furnish the
commissioner of revenue the 1987 market value for taxes payable
in 1988 for any new classes of property established in this
article. The commissioner shall use those values, and estimate
values where needed, in developing the 1987 tax capacity for
each school district under this section. The requirements of
section 124.2131, subdivisions 1, paragraph (c), and 2 and 3,
shall remain in effect.
Sec. 8. Minnesota Statutes 1988, section 275.011,
subdivision 1, is amended to read:
Subdivision 1. The property tax levied for any purpose
under a special law that is not codified in Minnesota Statutes
or a city charter provision and that is subject to a mill rate
limitation imposed by statute or the special law, excluding
levies subject to mill rate limitations that use adjusted
assessed values determined by the commissioner of revenue under
section 124.2131, must not exceed the following amount for the
years specified:
(a) for taxes payable in 1988, the product of the
applicable mill rate limitation imposed by statute or special
law multiplied by the total assessed valuation of all taxable
property subject to the tax as adjusted by the provisions of
Minnesota Statutes 1986, sections 272.64; 273.13, subdivision
7a; and 275.49;
(b) for taxes payable in 1989, the product of (1) the
property tax levy limitation for the taxes payable year 1988
determined under clause (a) multiplied by (2) an index for
market valuation changes equal to the assessment year 1988 total
market valuation of all taxable property subject to the tax
divided by the assessment year 1987 total market valuation of
all taxable property subject to the tax; and
(c) for taxes payable in 1990 and subsequent years, the
product of (1) the property tax levy limitation for the previous
year determined pursuant to this subdivision multiplied by (2)
an index for market valuation changes equal to the total market
valuation of all taxable property subject to the tax for the
current assessment year divided by the total market valuation of
all taxable property subject to the tax for the previous
assessment year.
For the purpose of determining the property tax levy
limitation for the taxes payable year 1988 and subsequent years
under this subdivision, "total market valuation" means the total
market valuation of all taxable property subject to the tax
without valuation adjustments for fiscal disparities (chapter
473F), tax increment financing (sections 469.174 to 469.179),
and high voltage transmission lines (section 273.425).
Sec. 9. Minnesota Statutes 1988, section 275.125,
subdivision 6e, is amended to read:
Subd. 6e. [DESEGREGATION LEVY.] Each year, independent
school district No. 625, St. Paul, may levy an amount not to
exceed one mill a gross tax capacity rate of .80 percent times
the adjusted gross tax capacity of the district for taxes
payable in 1990 or a net tax capacity rate of 1.0 percent times
the adjusted net tax capacity of the district for taxes payable
in 1991 and thereafter. 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. 10. Minnesota Statutes 1988, section 275.125,
subdivision 6h, is amended to read:
Subd. 6h. [MINNEAPOLIS HEALTH INSURANCE SUBSIDY LEVY.]
Each year special school district No. 1, Minneapolis, may make
an additional levy not to exceed the amount raised by .1 mill a
gross tax capacity rate of .08 percent times the adjusted gross
tax capacity for taxes payable in 1990 or a net tax capacity
rate of .11 percent times the adjusted net tax capacity for
taxes payable in 1991 and thereafter of the property in the
district for the preceding year. In addition, in 1987 the
district may levy an amount not to exceed the amount raised by
.1 mill times the adjusted gross tax capacity of the property in
the district for the preceding year for health insurance
subsidies for fiscal year 1988. The proceeds may be used only
to subsidize health insurance costs for eligible teachers as
provided in this section.
"Eligible teacher" means a retired teacher who was a basic
member of the Minneapolis teachers retirement fund association,
who retired before May 1, 1974, and who is not eligible to
receive the hospital insurance benefits of the federal Medicare
program of the Social Security Act without payment of a monthly
premium. The district shall notify eligible teachers that a
subsidy is available. An eligible teacher may submit to the
school district a copy of receipts for health insurance premiums
paid during the previous 12-month period. The school district
shall disburse the health insurance premium subsidy to each
eligible teacher in a timely and efficient manner. An eligible
teacher may receive a subsidy up to an amount equal to the
lesser of 90 percent of the cost of the eligible teacher's
health insurance or up to 90 percent of the cost of the number
two qualified plan of health coverage for individual policies
made available by the Minnesota comprehensive health association
under chapter 62E.
If funds remaining from the previous year's health
insurance subsidy levy, minus the previous year's required
subsidy amount, are sufficient to pay the estimated current year
subsidy, the levy must be discontinued until the remaining funds
are estimated by the school board to be insufficient to pay the
subsidy.
Sec. 11. Minnesota Statutes 1988, section 275.125,
subdivision 6i, is amended 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 a gross tax capacity
rate of .80 percent times the adjusted gross tax capacity of the
district for taxes payable in 1990 or a net tax capacity rate of
1.0 percent times the adjusted net tax capacity of the district
for taxes payable in 1991 and thereafter. 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. 12. Minnesota Statutes 1988, section 275.125,
subdivision 8b, is amended to read:
Subd. 8b. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] A
district may levy for its early childhood family education
program. The amount levied shall not exceed the lesser of:
(a) .5 mill a gross tax capacity rate of .4 percent times
the adjusted gross tax capacity for taxes payable in 1990 or a
net tax capacity rate of .49 percent times the adjusted net tax
capacity for taxes payable in 1991 and thereafter of the
district for the year preceding the year the levy is certified,
or
(b) the maximum revenue as defined in section 124.2711,
subdivision 1, for the school year for which the levy is
attributable.
Sec. 13. Minnesota Statutes 1988, section 275.125,
subdivision 9, is amended to read:
Subd. 9. [LEVY REDUCTIONS; TACONITE.] (1) Reductions in
levies pursuant to subdivision 10, and section 273.138, shall be
made prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary,
districts which received payments pursuant to sections 298.018;
298.23 to 298.28, except an amount distributed under section
298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to
298.39; 298.391 to 298.396; 298.405; and any law imposing a tax
upon severed mineral values, or recognized revenue pursuant to
section 477A.15; shall not include a portion of these aids in
their permissible levies pursuant to those sections, but instead
shall reduce the permissible levies authorized by this section
and chapters 124 and 124A by the greater of the following:
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized pursuant to section 477A.15 in the previous
fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized pursuant to section 477A.15 in the previous fiscal
year less the product of the same dollar amount of payments or
revenue times the ratio of the maximum levy allowed the district
under Minnesota Statutes 1986, sections 124A.03, subdivision 2,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, and 124A.14,
subdivision 5a, to the total levy allowed the district under
this section and Minnesota Statutes 1986, sections 124A.03,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
5a, and 124A.20, subdivision 2, for levies certified in 1986.
(3) No reduction pursuant to this subdivision shall reduce
the levy made by the district pursuant to section 124A.23, to an
amount less than the amount raised by a levy of 12.5 mills a
gross tax capacity rate of 10.22 percent times the adjusted
gross tax capacity for taxes payable in 1990 or a net tax
capacity rate of 12.71 percent times the adjusted net tax
capacity for taxes payable in 1991 and thereafter of that
district for the preceding year as determined by the
commissioner. The amount of any increased levy authorized by
referendum pursuant to section 124A.03, subdivision 2, shall not
be reduced pursuant to this subdivision. The amount of any levy
authorized by subdivision 4, to make payments for bonds issued
and for interest thereon, shall not be reduced pursuant to this
subdivision.
(4) Before computing the reduction pursuant to this
subdivision of the capital expenditure levy authorized by
section 124.244, subdivision 2, and subdivisions 11c, 12, and
12a, and the community education levy authorized by subdivisions
8 and 8b, the commissioner shall ascertain from each affected
school district the amount it proposes to levy for capital
expenditures pursuant to section 124.244, subdivision 2, and
subdivisions 11c, 12, and 12a, and for community education
pursuant to subdivisions 8 and 8b. The reduction of the capital
expenditure levy and the community education levy shall be
computed on the basis of the amount so ascertained.
(5) Notwithstanding any law to the contrary, any amounts
received by districts in any fiscal year pursuant to sections
298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396;
298.405; or any law imposing a tax on severed mineral values;
and not deducted from general education aid pursuant to section
124A.035, subdivision 5, clause (2), and not applied to reduce
levies pursuant to this subdivision shall be paid by the
district to the St. Louis county auditor in the following amount
by March 15 of each year, the amount required to be subtracted
from the previous fiscal year's general education aid pursuant
to section 124A.035, subdivision 5, which is in excess of the
general education aid earned for that fiscal year. The county
auditor shall deposit any amounts received pursuant to this
clause in the St. Louis county treasury for purposes of paying
the taconite homestead credit as provided in section 273.135.
Sec. 14. Minnesota Statutes 1988, section 275.125,
subdivision 9a, is amended to read:
Subd. 9a. [STATUTORY OPERATING DEBT LEVY.] (1) In 1978 and
each year thereafter in which so required by this subdivision, a
district shall make an additional levy to eliminate its
statutory operating debt, determined as of June 30, 1977 and
certified and adjusted by the commissioner. This levy shall not
be made in more than 20 successive years and each year before it
is made, it must be approved by the commissioner and the
approval shall specify its amount. This levy shall in each year
be an amount which is equal to the amount raised by a levy
of 1.5 mills a gross tax capacity rate of 1.20 percent times the
adjusted gross tax capacity of the district for the preceding
year for taxes payable in 1990 or a net tax capacity rate of
1.50 percent times the adjusted net tax capacity of the district
for the preceding year for taxes payable in 1991 and thereafter;
provided that in the last year in which the district is required
to make this levy, it shall levy an amount not to exceed the
amount raised by a levy of 1.5 mills a gross tax capacity rate
of 1.20 percent times the adjusted gross tax capacity of the
district for the preceding year for taxes payable in 1990 or a
net tax capacity rate of 1.50 percent times the adjusted net tax
capacity of the district for the preceding year for taxes
payable in 1991 and thereafter. When the sum of the cumulative
levies made pursuant to this subdivision and transfers made
according to section 121.912, subdivision 4 equals an amount
equal to the statutory operating debt of the district, the levy
shall be discontinued.
(2) The district shall establish a special account in the
general fund which shall be designated "appropriated fund
balance reserve account for purposes of reducing statutory
operating debt" on its books and records. This account shall
reflect the levy authorized pursuant to this subdivision. The
proceeds of this levy shall be used only for cash flow
requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(3) Any district which is required to levy pursuant to this
subdivision shall certify the maximum levy allowable under
section 124A.23, subdivision 2 in that same year.
(4) Each district shall make permanent fund balance
transfers so that the total statutory operating debt of the
district is reflected in the general fund as of June 30, 1977.
Sec. 15. Minnesota Statutes 1988, section 275.125,
subdivision 9b, is amended to read:
Subd. 9b. [OPERATING DEBT LEVY.] (1) Each year, a district
may make an additional levy to eliminate a deficit in the net
unappropriated operating funds of the district, determined as of
June 30, 1983, and certified and adjusted by the commissioner.
This levy may in each year be an amount not to exceed the amount
raised by a levy of 1.5 mills a gross tax capacity rate of 1.20
percent times the adjusted gross tax capacity for taxes payable
in 1990 or a net tax capacity rate of 1.50 percent times the
adjusted net tax capacity for taxes payable in 1991 and
thereafter of the district for the preceding year as determined
by the commissioner. However, the total amount of this levy for
all years it is made shall not exceed the lesser of (a) the
amount of the deficit in the net unappropriated operating funds
of the district as of June 30, 1983, or (b) the amount of the
aid reduction, according to Laws 1981, Third Special Session
chapter 2, article 2, section 2, but excluding clauses (l), (m),
(n), (o), and (p), and Laws 1982, Third Special Session chapter
1, article 3, section 6, to the district in fiscal year 1983.
When the cumulative levies made pursuant to this subdivision
equal the total amount permitted by this subdivision, the levy
shall be discontinued.
(2) The proceeds of this levy shall be used only for cash
flow requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(3) Any district that levies pursuant to this subdivision
shall certify the maximum levy allowable under section 124A.23,
subdivisions 2 and 2a, in that same year.
Sec. 16. Minnesota Statutes 1988, section 275.125,
subdivision 9c, is amended to read:
Subd. 9c. [1985 OPERATING DEBT LEVY.] (1) Each year, a
district may levy to eliminate a deficit in the net
unappropriated balance in the general fund of the district,
determined as of June 30, 1985, and certified and adjusted by
the commissioner. Each year this levy may be an amount not to
exceed the amount raised by a levy of 1.5 mills a gross tax
capacity rate of 1.20 percent times the adjusted gross tax
capacity for taxes payable in 1990 or a net tax capacity rate of
1.50 percent times the adjusted net tax capacity for taxes
payable in 1991 and thereafter of the district for the preceding
year. However, the total amount of this levy for all years it
is made shall not exceed the amount of the deficit in the net
unappropriated balance in the general fund of the district as of
June 30, 1985. When the cumulative levies made pursuant to this
subdivision equal the total amount permitted by this
subdivision, the levy shall be discontinued.
(2) A district, if eligible, may levy under this
subdivision or subdivision 9b but not both.
(3) The proceeds of this levy shall be used only for cash
flow requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(4) Any district that levies pursuant to this subdivision
shall certify the maximum levy allowable under section 124A.23,
subdivision 2 in that same year.
Sec. 17. Minnesota Statutes 1988, section 275.125,
subdivision 14a, is amended to read:
Subd. 14a. [LEVY FOR LOCAL SHARE OF TECHNICAL INSTITUTE
CONSTRUCTION.] (a) The definitions in section 136C.02 apply to
this subdivision.
(b) A district maintaining a technical institute may levy
for its local share of the cost of construction of facilities
for the technical institute as provided in this subdivision.
(c) The construction must be authorized by a specific
legislative act pursuant to section 136C.07, subdivision 5,
after January 1, 1980. The specific legislative act must
require that part of the cost of construction for post-secondary
vocational purposes shall be financed by the state and that part
of the cost of construction for post-secondary vocational
purposes shall be financed by the school district operating the
technical institute.
(d) The district may levy an amount equal to the local
share of the cost of construction for post-secondary vocational
purposes, minus the amount of any unappropriated net balance in
the district's post-secondary vocational technical building
construction fund. A district may levy the total amount
authorized by this subdivision in one year, or a proportionate
amount of the total authorized amount each year for up to three
successive years.
(e) By the July 1 before a district certifies the first
levy pursuant to this subdivision for the local share of any
construction project, at least three weeks published notice of
the proposed levy shall be given in the legal newspaper with the
largest circulation in the district. The notice shall state the
purpose of the proposed levy, the duration of the proposed levy
and the amount of the proposed levy in dollars and mills in
terms of the tax capacity rate. Upon petition within 20 days
after the notice of the greater of (a) 50 voters, or (b) 15
percent of the number of voters who voted in the district at the
most recent regular school board election, the board shall call
a referendum on the proposed levy. The referendum shall be held
on a date set by the school board, but no later than the August
20 before the levy is certified. The question on the ballot
shall state the amount of the proposed levy in mills on the
district's adjusted gross tax capacity terms of the tax capacity
rate and in dollars in the first year of the proposed levy.
(f) For the purposes of this subdivision, "construction"
includes the acquisition and betterment of land, buildings and
capital improvements for technical institutes.
(g) A district may not levy for the cost of a construction
project pursuant to this subdivision if it issues any bonds to
finance any costs of the project.
Sec. 18. Laws 1965, chapter 705, as amended by Laws 1975,
chapter 261, section 4, and Laws 1980, chapter 609, article 6,
section 37, is amended to read:
Sec. 6. The school board, for the purpose of providing
moneys for the payment of its severance pay obligations under a
plan approved by resolution of the district, in addition to all
other powers possessed by the school district and in addition to
and in excess of any existing limitation upon the amount it is
otherwise authorized by law to levy as taxes, is authorized to
levy taxes annually not exceeding in any one year an amount
equal to two tenths of one mill upon each dollar of the assessed
valuation thereof a gross tax capacity rate of .17 percent for
taxes payable in 1990 or a net tax capacity rate of .21 percent
for taxes payable in 1991 and thereafter upon all taxable
property within the school district which taxes as levied shall
be spread upon the tax rolls, and all corrections thereof shall
be held by the school district, and allocated therefor to be
disbursed and expended by the school district in payment of any
public school severance pay obligations and for no other
purpose. Disbursements and expenditures previously authorized
on behalf of the school district for payment of severance pay
obligations shall not be deemed to constitute any part of the
cost of the operation and maintenance of the school district
within the meaning of any statutory limitation of any school
district expenditures.
The amount of such severance pay allowable or to become
payable in respect of any such employment or to any such
employee shall not exceed the amount permitted by Minnesota
Statutes, Section 465.72.
Sec. 19. Laws 1976, chapter 20, section 4, is amended to
read:
Sec. 4. [EXCESS LEVY.] In addition to all other levies
permitted by law, in 1976 and each year thereafter, Independent
School District No. 625 shall make an additional levy to
eliminate its statutory operating debt for the school year
ending June 30, 1976 as certified by the legislative auditor
pursuant to section 3. Each year the commissioner of education
shall certify to the county auditor and Independent School
District No. 625 the correct amount of this levy. This levy
shall in each year be an amount which is equal to the amount
raised by a levy of 1.5 mills a gross tax capacity rate of 1.20
percent times the adjusted assessed valuation gross tax capacity
for taxes payable in 1990 or a net tax capacity rate of 1.50
percent times the adjusted net tax capacity for taxes payable in
1991 and thereafter of the district for the preceding year as
determined by the equalization aid review committee, less any
amount necessary for the payment of principal and interest on
bonds sold pursuant to section 1. When the cumulative receipts
from the levies made pursuant to this section and the earnings
in the reserve account established under section 5 equal an
amount equal to the statutory operating debt, the levy shall be
discontinued.
Sec. 20. Laws 1988, chapter 719, article 5, section 84, is
amended to read:
Sec. 84. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the words "assessed
value" or "assessed valuation" wherever they appear in Minnesota
Statutes to "gross tax capacity" in Minnesota Statutes 1988 and
"net tax capacity" in Minnesota Statutes 1989 Supplement and
subsequent editions of the statutes except section 275.011, and
except in sections of Minnesota Statutes amended in this act.
The revisor of statutes shall change the words "mill rate"
wherever they appear in Minnesota Statutes to "tax capacity
rate" in Minnesota Statutes 1988 and subsequent editions of the
statutes except section 275.011.
Sec. 21. [EFFECTIVE DATE.]
Sections 1 to 20 are effective the day following final
enactment.
Presented to the governor May 30, 1989
Signed by the governor June 1, 1989, 10:18 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes