Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 130-S.F.No. 417
An act relating to education; making noncontroversial
clarifications and modifications to certain school
district and department of education provisions;
amending Minnesota Statutes 1990, sections 120.062,
subdivisions 4 and 6; 120.0752, subdivision 2;
121.612, subdivisions 2 and 5; 122.23, subdivision 18;
123.932, subdivision 3; 124.14, subdivision 1;
124.155, subdivision 2; 124.195, subdivisions 2, 3,
3a, 10, and 11; 124.2139; 124.214, subdivisions 2 and
3; 124.244, subdivision 3; 124.83, subdivisions 1 and
5; 124A.036, subdivision 5; 124A.24; 124B.03,
subdivision 2; 124C.03, subdivision 14; 124C.49;
125.12, subdivision 6b; 125.60, subdivision 3;
275.065, subdivision 6; 275.125, subdivisions 4, 11d,
18, and 20; 275.16; and 354.094, subdivision 1; and
Laws 1991, chapter 2, article 2, section 2; repealing
Minnesota Statutes 1990, sections 119.01; 119.02;
119.03; 119.04, subdivisions 1, 2, and 3; 119.05;
119.06; 119.07; 119.08; 119.09; 121.933, subdivision
2; 122.23, subdivision 17; 123.932, subdivision 4;
124A.02, subdivision 19; 124C.21; 275.125,
subdivisions 1, 4a, and 8d; and 354.094, subdivisions
1a and 1b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, 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 must submit an application by January 1 15
for initial enrollment beginning the following school year. 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 15 for enrollment beginning the following school year.
Sec. 2. Minnesota Statutes 1990, section 120.062,
subdivision 6, is amended to read:
Subd. 6. [NONRESIDENT DISTRICT PROCEDURES.] A district
that does not exclude nonresident pupils, according to
subdivision 3, shall notify the parent or guardian in writing by
February 1 15 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
March 1 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 15 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. 3. Minnesota Statutes 1990, section 120.0752,
subdivision 2, is amended to read:
Subd. 2. The pupil's parent or guardian must receive the
approval of the school board of the nonresident district and the
school board of the resident district. The approval shall be on
a form provided by the department of education. The
superintendent of the nonresident district shall forward a copy
of this form to the department of education within ten days of
its approval. If the student withdraws from the nonresident
district the superintendent of that district shall report the
fact to the department of education. The nonresident school
board shall notify the resident school board of the approval.
Sec. 4. Minnesota Statutes 1990, section 121.612,
subdivision 2, is amended to read:
Subd. 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 and nonpublic schools through public-private 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.
Sec. 5. Minnesota Statutes 1990, section 121.612,
subdivision 5, is amended to read:
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, grants, and in-kind goods or services
from nonstate sources for the purposes of the foundation,
without complying with section 7.09, subdivision 1;
(4) contract with consultants; and
(5) expend money for awards and other forms of recognition
and appreciation; and
(6) determine procedures and expenditures for awards and
recognitions to teachers, students, donors, and other people who
are not employees of the executive branch.
Sec. 6. Minnesota Statutes 1990, section 122.23,
subdivision 18, is amended to read:
Subd. 18. (a) If no board is provided for under the
foregoing provision, upon receipt of the assigned identification
number, The county auditor shall determine a date, not less than
20 nor more than 60 days from the date of the receipt of the
that the assigned identification number order setting the
effective date of the consolidation according to subdivision 13
was issued, upon which date shall be held a special election in
the district for the purpose of electing a board of six members
for terms as follows: two until the July 1 one year after the
effective date of the consolidation, two until the expiration of
one year from said July 1, and two until the expiration of two
years from said July 1, to hold office until a successor is
elected and qualifies according to provisions of law governing
the election of board members in independent districts. If the
resolution or petition for consolidation pursuant to subdivision
2 proposed that the board of the newly created district consists
of seven members, then seven members shall be elected at this
election for the terms provided in this clause except that three
members shall hold office until the expiration of two years from
said July 1. If the resolution or petition for consolidation
pursuant to subdivision 2 proposed the establishment of separate
election districts, these members shall be elected from separate
election districts according to the provisions of that
resolution or petition and of chapter 205A.
(b) The county auditor shall give ten days' posted notice
of election in the area in which the election is to be held and
also if there be a newspaper published in the proposed new
district, one weeks' published notice shall be given. The
notice shall specify the time, place, and purpose of the
election.
(c) The county may pay the election judges not to exceed $1
per hour for their services.
(d) Any person desiring to be a candidate for a school
election shall file an application with the county auditor to
have the applicant's name placed on the ballot for such office,
specifying the term for which the application is made. The
application shall be filed not less than 12 days before the
election.
(e) (d) The county auditor shall prepare, at the expense of
the county, necessary ballots for the election of officers,
placing thereon the names of the proposed candidates for each
office. The ballots shall be marked and signed as official
ballots and shall be used exclusively at the election. The
county auditor shall determine the number of voting precincts
and the boundaries of each. The county auditor shall determine
the location of polling places and the hours the polls shall be
open and shall appoint three election judges for each polling
place who shall act as clerks of election. Election judges
shall certify ballots and results to the county auditor for
tabulation and canvass.
(f) (e) After making a canvass and tabulation, the county
auditor shall issue a certificate of election to the candidate
for each office who received the largest number of votes cast
for the office. The county auditor shall deliver such
certificate to the person entitled thereto by certified mail,
and each person so certified shall file an acceptance and oath
of office with the county auditor within 30 days of the date of
mailing of the certificate. A person who fails to qualify prior
to the time specified shall be deemed to have refused to serve,
but such filing may be made at any time before action to fill
vacancy has been taken.
(g) (f) The board of each district included in the new
enlarged district shall continue to maintain school therein
until the effective date of the consolidation. Such boards
shall have power and authority only to make such contracts, to
do such things as are necessary to maintain properly the schools
for the period prior to that date, and to certify to the county
auditor according to levy limitations applicable to the
component districts the taxes collectible in the calendar year
when the consolidation becomes effective.
(h) (g) It shall be the immediate duty of the newly elected
board of the new enlarged district, when the members thereof
have qualified and the board has been organized, to plan for the
maintenance of the school or schools of the new district for the
next school year, to enter into the necessary negotiations and
contracts for the employment of personnel, purchase of equipment
and supplies, and other acquisition and betterment purposes,
when authorized by the voters to issue bonds under the
provisions of chapter 475; and on the effective date of the
consolidation to assume the full duties of the care, management
and control of the new enlarged district. The board of the new
enlarged district shall give due consideration to the
feasibility of maintaining such existing attendance centers and
of establishing such other attendance centers, especially in
rural areas, as will afford equitable and efficient school
administration and assure the convenience and welfare of the
pupils residing in the enlarged district. The obligations of
the new board to teachers employed by component districts shall
be governed by the provisions of section 122.532.
Sec. 7. Minnesota Statutes 1990, section 123.932,
subdivision 3, is amended to read:
Subd. 3. [NONPUBLIC SCHOOL DEFINED.] "Nonpublic school"
means any school within the state other than a public
school, church or religious organization, or home school wherein
a resident of Minnesota may legally fulfill the
compulsory school attendance instruction requirements of section
120.101, which is located within the state, and which meets the
requirements of Title VI of the Civil Rights Act of 1964 (Public
Law Number 88-352). It does not mean a public school.
Sec. 8. Minnesota Statutes 1990, section 124.14,
subdivision 1, is amended to read:
Subdivision 1. The state board shall supervise
distribution of school aids and grants in accordance with law.
It may make rules consistent with law for the distribution to
enable districts to perform efficiently the services required by
law and further education in the state, including reasonable
requirements for the reports and accounts to it as will assure
accurate and lawful apportionment of aids. State and federal
aids and discretionary or entitlement grants distributed by the
state board shall not be subject to the contract approval
procedures of the commissioner of administration or to chapter
16 16A or 16B. The commissioner of education shall adopt
internal procedures for administration and monitoring of aids
and grants.
Sec. 9. Minnesota Statutes 1990, 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 sections 124A.23
and 124B.20;
(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
124.2713;
(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 124.243,
124.244, and 124.83;
(k) education district aid according to section 124.2721;
(l) secondary vocational cooperative aid according to
section 124.575;
(m) assurance of mastery aid according to section 124.311;
(n) individual learning and development aid according to
section 124.331;
(o) homestead credit under section 273.13 for taxes payable
in 1989 and additional homestead and agricultural credit
guarantee under section 273.1398, subdivision 5, for taxes
payable in 1990 and thereafter;
(n) (p) agricultural credit under section 273.132 for taxes
payable in 1989 and additional homestead and agricultural credit
guarantee under section 273.1398, subdivision 5, for taxes
payable in 1990 and thereafter;
(o) (q) homestead and agricultural credit aid and disparity
reduction aid authorized in section 273.1398, subdivision 2; and
(p) (r) 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. 10. Minnesota Statutes 1990, section 124.195,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) The term "other district
receipts" means payments by county treasurers pursuant to
section 276.10, apportionments from the school endowment fund
pursuant to section 124.09, apportionments by the county auditor
pursuant to section 124.10, subdivision 2, and payments to
school districts by the commissioner of revenue pursuant to
chapter 298.
(b) The term "cumulative amount guaranteed" means the sum
of the following:
(1) one-third of the final adjustment payment according to
subdivision 6; plus
(2) the product of
(i) the cumulative disbursement percentage shown in
subdivision 3; times
(ii) the sum of
85 percent of the estimated aid and credit entitlements
paid according to subdivision 10; plus
100 percent of the entitlements paid according to
subdivisions 8 and 9; plus
the other district receipts; plus
the final adjustment payment according to subdivision 6.
(c) The term "payment date" means the date on which state
payments to school districts are made by the electronic funds
transfer method. If a payment date falls on a Saturday, the
payment shall be made on the immediately preceding business
day. If a payment date falls on a Sunday, the payment shall be
made on the immediately following business day. If a payment
date falls on a weekday which is a legal holiday, the payment
shall be made on the immediately preceding business day. The
commissioner of education may make payments on dates other than
those listed in subdivision 3, but only for portions of payments
from any preceding payment dates which could not be processed by
the electronic funds transfer method due to documented
extenuating circumstances.
Sec. 11. Minnesota Statutes 1990, section 124.195,
subdivision 3, is amended to read:
Subd. 3. [PAYMENT DATES AND PERCENTAGES.] The commissioner
of education shall pay to a school district on the dates
indicated an amount computed as follows: the cumulative amount
guaranteed minus the sum of (a) the district's other district
receipts through the current payment, and (b) the aid and credit
payments through the immediately preceding payment. For
purposes of this computation, the payment dates and the
cumulative disbursement percentages are as follows:
Payment date Percentage
Payment 1 First business day prior to July 15: 2.25
Payment 2 First business day prior to July 30: 4.50
Payment 3 First business day prior to August 15: 6.75
Payment 4 First business day prior to August 30: 9.0
Payment 5 First business day prior to September 15: the
greater of (a) one-half of the final adjustment
for the prior fiscal year for the state paid
property tax credits established in section
273.1392, or (b) the amount needed to provide
12.75 percent
Payment 6 First business day prior to September 30: the
greater of (a) one-half of the final adjustment
for the prior fiscal year for the state paid
property tax credits established in section
273.1392, or (b) the amount needed to provide 16.5
percent
Payment 7 First business day prior to October 15: the
greater of (a) one-half of the final adjustment
for the prior fiscal year for all aid entitlements
except state paid property tax credits, or
(b) the amount needed to provide 20.75 percent
Payment 8 First business day prior to October 30: the
greater of (a) one-half of the final adjustment
for the prior fiscal year for all aid
entitlements except state paid property tax
credits, or (b) the amount needed to provide
25.0 percent
Payment 9 First business day prior to November 15: 31.0
Payment 10 First business day prior to November 30: 37.0
Payment 11 First business day prior to December 15: 40.0
Payment 12 First business day prior to December 30: 43.0
Payment 13 First business day prior to January 15: 47.25
Payment 14 First business day prior to January 30: 51.5
Payment 15 First business day prior to February 15: 56.0
Payment 16 First business day prior to February 28: 60.5
Payment 17 First business day prior to March 15: 65.25
Payment 18 First business day prior to March 30: 70.0
Payment 19 First business day prior to April 15: 73.0
Payment 20 First business day prior to April 30: 79.0
Payment 21 First business day prior to May 15: 82.0
Payment 22 First business day prior to May 30: 90.0
Payment 23 First business day prior to June 20: 100.0
Sec. 12. Minnesota Statutes 1990, section 124.195,
subdivision 3a, is amended to read:
Subd. 3a. [APPEAL.] The commissioner may revise the
payment dates and percentages in subdivision 3 and Laws 1986,
First Special Session chapter 1, article 5, section 9 for a
district if it is determined that there is an emergency or there
are serious cash flow problems in the district that cannot be
resolved by issuing warrants or other forms of indebtedness.
The commissioner shall establish a process and criteria for
school districts to appeal the payment dates and percentages
established in subdivision 3 and Laws 1986, First Special
Session chapter 1 article 5, section 9.
Sec. 13. Minnesota Statutes 1990, section 124.195,
subdivision 10, is amended to read:
Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 8 and, 9, and 11, each fiscal year, all education
aids and credits in this chapter and chapters 121, 123, 124A,
124B, 125, 126, 134, and section 273.1392, except post-secondary
vocational shall be paid at 85 percent of the estimated
entitlement during the fiscal year of the entitlement, unless a
higher rate has been established according to section 121.904,
subdivision 4d. The amount of the actual entitlement, after
adjustment for actual data, minus the payments made during the
fiscal year of the entitlement shall be paid as the final
adjustment payment according to subdivision 6.
Sec. 14. Minnesota Statutes 1990, section 124.195,
subdivision 11, is amended to read:
Subd. 11. [NONPUBLIC AIDS.] The state shall pay aid
according to sections 123.931 to 123.947 for pupils attending
nonpublic schools by October 31 of each fiscal year. as follows:
(1) an advance payment by November 30 equal to 85 percent
of the estimated entitlement for the current fiscal year; and
(2) a final payment by October 31 of the following fiscal
year, adjusted for actual data.
If a payment advance to meet cash flow needs is requested
by a district and approved by the commissioner, the state shall
pay basic transportation aid according to section 124.225,
subdivision 8b attributable to pupils attending nonpublic
schools by October 31. This subdivision applies to both the
final adjustment payment for the prior fiscal year and the
payment for the current fiscal year, as established in
subdivision 10.
Sec. 15. Minnesota Statutes 1990, section 124.2139, is
amended to read:
124.2139 [REDUCTION OF PAYMENTS TO SCHOOL DISTRICTS.]
The commissioner of revenue shall reduce the homestead
credit payments under section 273.13 for fiscal year 1990, and
the sum of the additional homestead and agricultural credit
guarantee, homestead and agricultural credit aid, and disparity
reduction aid payments under section 273.1398 for fiscal years
1991 and thereafter made to school districts by the product of:
(1) the district's fiscal year 1984 payroll for coordinated
plan members of the public employees retirement association,
times
(2) the difference between the employer contribution rate
in effect prior to July 1, 1984, and the total employer
contribution rate in effect after June 30, 1984.
Sec. 16. Minnesota Statutes 1990, section 124.214,
subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278,
sections 270.07, 375.192, or otherwise, the net tax capacity of
any school district for any taxable year is changed after the
taxes for that year have been spread by the county auditor and
the local tax rate as determined by the county auditor based
upon the original net tax capacity is applied upon the changed
net tax capacities, the county auditor shall, prior to February
1 of each year, certify to the commissioner of education the
amount of any resulting net revenue loss that accrued to the
school district during the preceding year. Each year, the
commissioner shall pay an abatement adjustment to the district
in an amount calculated according to the provisions of this
subdivision. This amount shall be deducted from the amount of
the levy authorized by section 275.48. The abatement adjustment
shall be recognized as revenue in the fiscal year in which it is
received. The amount of the abatement adjustment shall be the
product of:
(1) the net revenue loss as certified by the county
auditor, times
(2) the ratio of:
(a) the sum of the amounts of the district's certified levy
in the preceding October year according to the following:
(i) section 124A.23 if the district receives general
education aid according to that section, or section 124B.20, if
the education district of which the district is a member
receives general education aid according to that section;
(ii) section 275.125, subdivisions 5 and 5c, if the
district receives transportation aid according to section
124.225;
(iii) section 124.243, if the district receives capital
expenditure facilities aid according to that section;
(iv) section 124.244, if the district receives capital
expenditure equipment aid according to that section;
(v) section 124.83, if the district receives health and
safety aid according to that section;
(vi) section 275.125, subdivision 8, clauses (a) and
(b) sections 124.2713, 124.2714, and 124.2715, if the district
receives community education aid for community education
programs according to section 124.271 any of those sections; and
(vii) section 275.125, subdivision 8b, if the district
receives early childhood family education aid according to
section 124.2711; and
(viii) section 275.125, subdivision 6f, if the district
receives exceptional need aid according to section 124.217;
(b) to the total amount of the district's certified levy in
the preceding October, plus or minus auditor's adjustments.
Sec. 17. Minnesota Statutes 1990, section 124.214,
subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX INCREMENT.] If a return of excess tax
increment is made to a school district pursuant to section
469.176, subdivision 2, or upon decertification of a tax
increment district, the school district's aid and levy
limitations must be adjusted for the fiscal year in which the
excess tax increment is paid under the provisions of this
subdivision.
(a) An amount must be subtracted from the school district's
aid for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to
the school district, times
(2) the ratio of:
(A) the sum of the amounts of the school district's
certified levy for the fiscal year in which the excess tax
increment is paid according to the following:
(i) section 124A.23, if the district receives general
education aid according to that section, or section 124B.20, if
the education district of which the district is a member
receives general education aid according to that section;
(ii) section 275.125, subdivisions 5 and 5c, if the school
district receives transportation aid according to section
124.225;
(iii) section 124.243, if the district receives capital
expenditure facilities aid according to that section;
(iv) section 124.244, if the district receives capital
expenditure equipment aid according to that section;
(v) section 124.83, if the district receives health and
safety aid according to that section;
(vi) section 275.125, subdivision 8, clauses (a) and
(b) sections 124.2713, 124.2714, and 124.2715, if the district
receives community education aid for community education
programs according to section 124.271 any of those sections; and
(vii) section 275.125, subdivision 8b, if the district
receives early childhood family education aid according to
section 124.2711; and
(viii) section 275.125, subdivision 6f, if the district
receives exceptional need aid according to section 124.217;
(B) to the total amount of the school district's certified
levy for the fiscal year, plus or minus auditor's adjustments.
(b) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the
difference between:
(1) the amount of the distribution of excess increment, and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district shall use the payment of excess tax increment to
replace the aid and levy revenue reduced under this subdivision.
This subdivision applies only to the total amount of excess
increments received by a school district for a calendar year
that exceeds $25,000.
Sec. 18. Minnesota Statutes 1990, section 124.244,
subdivision 3, is amended to read:
Subd. 3. [CAPITAL EXPENDITURE EQUIPMENT AID.] A district's
capital expenditure equipment aid is the difference between the
capital expenditure equipment revenue and the capital
expenditure equipment levy. If a district does not levy the
entire amount permitted, capital expenditure equipment aid must
be reduced in proportion to the actual amount levied. Capital
expenditure equipment aid must not be reduced as a result of a
reduction of its capital expenditure equipment levy under
section 121.912 or 124.2445.
Sec. 19. Minnesota Statutes 1990, section 124.83,
subdivision 1, is amended to read:
Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive
health and safety revenue for any fiscal year a district,
including an intermediate district, must submit to the
commissioner of education an application for aid and levy by
June 1 in the previous school year the date determined by the
commissioner. The application may be for hazardous substance
removal, fire code compliance, or life safety repairs. The
application must include a health and safety program adopted by
the school district board. The program must include the
estimated cost of the program by fiscal year.
Sec. 20. Minnesota Statutes 1990, section 124.83,
subdivision 5, is amended to read:
Subd. 5. [HEALTH AND SAFETY AID.] A district's health and
safety aid is the difference between its health and safety
revenue and its health and safety levy. If a district does not
levy the entire amount permitted, health and safety aid must be
reduced in proportion to the actual amount levied. Health and
safety aid may not be reduced as a result of reducing a
district's health and safety levy according to section 121.912.
Sec. 21. Minnesota Statutes 1990, section 124A.036,
subdivision 5, is amended to read:
Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
education aid for districts must be adjusted for each pupil,
excluding a handicapped pupil as defined in section 120.03 or a
nonhandicapped pupil as defined by section 120.181, attending a
nonresident district under sections 120.062, 120.075, 120.0751,
120.0752, 123.3515, 124C.45 to 124C.48, and 126.22. The
adjustments must be made according to this subdivision.
(a) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory revenue attributable to the pupil in
the resident district.
(b) General education aid paid to a district serving a
pupil in programs listed in this subdivision shall be increased
by an amount equal to the general education revenue exclusive of
compensatory revenue attributable to the pupil in the
nonresident district.
(c) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
(d) The district of residence shall pay tuition to a
district or an area learning center, operated according to
paragraph (e), providing special instruction and services to a
handicapped pupil, as defined in section 120.03, or a pupil, as
defined in section 120.181, who is enrolled in a program listed
in this subdivision. The tuition shall be equal to (1) the
actual cost of providing special instruction and services to the
pupil, including a proportionate amount for debt service and for
capital expenditure facilities and equipment, and debt service
but not including any amount for transportation, minus (2) the
amount of special education aid, attributable to that pupil,
that is received by the district providing special instruction
and services.
(e) An area learning center operated by an educational
cooperative service unit, intermediate district, education
district, or a joint powers cooperative may elect through the
action of the constituent boards to charge tuition for
nonhandicapped pupils rather than to calculate general education
aid adjustments under paragraph (a), (b), or (c). The tuition
must be equal to the greater of the average general education
revenue per pupil unit attributable to the student pupil, or the
average per pupil cost of operating the area learning
center actual cost of providing the instruction, excluding
transportation costs, if the pupil meets the requirements of
section 120.03 or 120.181 whichever is less.
Sec. 22. Minnesota Statutes 1990, section 124A.24, is
amended to read:
124A.24 [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined
according to section 124A.23, subdivision 3, an amount must be
deducted from state aid authorized in this chapter and chapter
chapters 124 and 124B, receivable for the same school year, and
from other state payments receivable for the same school year
authorized in chapter 273. The aid in section 124.646 must not
be reduced.
The amount of the deduction equals the difference between:
(1) the general education tax rate, according to section
124A.23, times the district's adjusted net tax capacity used to
determine the general education aid for the same school year;
and
(2) the district's general education revenue, excluding
supplemental revenue, for the same school year, according to
section 124A.22.
However, for fiscal year 1989, the amount of the deduction
shall be one-fourth of the difference between clauses (1) and
(2); for fiscal year 1990, the amount of the deduction shall be
one-third of the difference between clauses (1) and (2); for
fiscal year 1991, the amount of the deduction shall be one-half
of the difference between clauses (1) and (2); for fiscal year
1992, the amount of the deduction shall be four-sixths of the
difference between clauses (1) and (2); and for fiscal year
1993, the amount of the deduction shall be five-sixths of the
difference between clauses (1) and (2).
Sec. 23. Minnesota Statutes 1990, section 124B.03,
subdivision 2, is amended to read:
Subd. 2. [REFERENDUM LEVY.] (a) The amount of general
education revenue certified by an education district board under
section 124B.10 may be increased in any amount that is approved
by the voters of the education district at a referendum called
for the purpose. The referendum may be called by the education
district board or must be called by the education district board
upon written petition of qualified voters of the education
district. 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 as a percentage of net tax
capacity, the amount that will be raised by that local tax rate
in the first year it is to be levied, and that the local tax
rate must be used to finance school operations. The ballot
shall designate a specific number of years for which the
referendum authorization applies. The ballot may contain a text
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 ........., Education District No. .., be approved?"
(b) If approved, the amount provided by the approved local
tax rate applied to the net tax capacity for the year before the
year the levy is certified is authorized for certification for
the number of years approved, if applicable, or until revoked or
reduced by the voters of the education district at a later
referendum.
(c) The education district board shall prepare and deliver
by first class mail at least 15 days but no more than 30 days
prior to the day of the election to each taxpayer at the address
listed on each member district's current year's assessment roll,
a notice of the referendum and the proposed levy increase. For
the purpose of giving mailed notice under this subdivision,
owners shall be those shown to be owners on the records of the
county auditor or, in any county where tax statements are mailed
by the county treasurer, on the records of the county
treasurer. Every property owner whose name does not appear on
the records of the county auditor or the county treasurer shall
be deemed to have waived this mailed notice unless the owner has
requested in writing that the county auditor or county
treasurer, as the case may be, include the name on the records
for this purpose. The notice must project the anticipated
amount of increase in annual dollars and annual percentage for
typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the
education district.
(d) The notice must include the following statement: "In
1989, the legislature reduced property taxes for education by
increasing the state share of funding for education. However,
state aid for cities and townships was reduced by a
corresponding amount. As a result, property taxes for cities
and townships may increase. Passage of this referendum will
result in an increase in your property taxes."
(e) A referendum on the question of revoking or reducing
the increased levy amount authorized under paragraph (a) may be
called by the education district board and must be called by the
education district board upon the written petition of qualified
voters of the education district. A levy approved by the voters
of the education district under 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 election
may be held to revoke or reduce a levy for any specific year and
for later years.
(f) A petition authorized by paragraph (a) or (e) shall be
effective if signed by a number of qualified voters in excess of
15 percent of the average number of voters at the two most
recent districtwide school elections in all the member school
districts. A referendum invoked by petition must be held on the
day specified in paragraph (a).
(g) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum.
(h) Within 30 At least 15 days after before the referendum,
the education district holds a referendum according to this
subdivision, the education district shall notify submit a copy
of the notice required under paragraph (c) to the commissioner
of education of. Within 15 days after the results of the
referendum have been certified by the education district board,
or in the case of a recount, after the certification of the
results of the recount by the canvassing board, the education
district shall notify the commissioner of education of the
results of the referendum.
(i) The department shall allocate the amount certified by
the education district board under paragraph (a) or subdivision
1 proportionately among the member districts based on net tax
capacity. The member districts shall levy the amount allocated.
(j) Each year, a member district shall transfer referendum
revenue to the education district board according to this
subdivision. By June 20 and November 30 of each year, an amount
must be transferred equal to:
(1) 50 percent times
(2) the amount certified in this subdivision minus
homestead and agricultural credit aid allocated for that levy
according to section 273.1398, subdivision 6.
Sec. 24. Minnesota Statutes 1990, section 124C.03,
subdivision 14, is amended to read:
Subd. 14. [GRANT SCHEDULE.] The commissioner of the state
planning agency must shall award initial grants by April 1, 1990.
Beginning in 1991, grants must be awarded by July September 1 of
each year. Grants may be awarded for a period not to exceed 24
months.
Sec. 25. Minnesota Statutes 1990, section 124C.49, is
amended to read:
124C.49 [DESIGNATION AS CENTER.]
The commissioner of education, in cooperation with the
state board of education, shall establish a process for state
designation and approval of area learning centers that meet the
provisions of sections 124C.45 to 124C.48.
The four area learning centers designated in 1988 as
exemplary shall be subject to the state approval process
beginning July 1, 1990.
Area learning center designation shall begin July 1, 1988.
Sec. 26. Minnesota Statutes 1990, section 125.12,
subdivision 6b, is amended to read:
Subd. 6b. [UNREQUESTED LEAVE OF ABSENCE.] The school board
may place on unrequested leave of absence, without pay or fringe
benefits, as many teachers as may be necessary because of
discontinuance of position, lack of pupils, financial
limitations, or merger of classes caused by consolidation of
districts. The unrequested leave shall be effective at the
close of the school year. In placing teachers on unrequested
leave, the board shall be governed by the following provisions:
(a) The board may place probationary teachers on
unrequested leave first in the inverse order of their
employment. No teacher who has acquired continuing contract
rights shall be placed on unrequested leave of absence while
probationary teachers are retained in positions for which the
teacher who has acquired continuing contract rights is licensed;
(b) Teachers 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 the school district. In the case of equal
seniority, the order in which teachers who have acquired
continuing contract rights shall be placed on unrequested leave
of absence in fields in which they are licensed shall be
negotiable;
(c) Notwithstanding the provisions of clause (b), no
teacher shall be entitled to exercise any seniority when that
exercise results in that teacher being retained by the district
in a field for which the teacher holds only a provisional
license, as defined by the board of teaching, unless that
exercise of seniority results in the placement on unrequested
leave of absence of another teacher who also holds a provisional
license in the same field. The provisions of this clause shall
not apply to vocational education licenses;
(d) Notwithstanding clauses (a), (b) and (c), if the
placing of a probationary teacher on unrequested leave before a
teacher who has acquired continuing rights, the placing of a
teacher who has acquired continuing contract rights on
unrequested leave before another teacher who has acquired
continuing contract rights but who has greater seniority, or the
restriction imposed by the provisions of clause (c) would place
the district in violation of its affirmative action program, the
district may retain the probationary teacher, the teacher with
less seniority, or the provisionally licensed teacher;
(e) Teachers placed on unrequested leave of absence shall
be reinstated to the positions from which they have been given
leaves of absence or, if not available, to other available
positions in the school district in fields in which they are
licensed. Reinstatement shall be in the inverse order of
placement on leave of absence. No teacher shall be reinstated
to a position in a field in which the teacher holds only a
provisional license, other than a vocational education license,
while another teacher who holds a nonprovisional license in the
same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are
placed on unrequested leave in the same school year shall be
negotiable;
(f) No appointment of a new teacher shall be made while
there is available, on unrequested leave, a teacher who is
properly licensed to fill such vacancy, unless the teacher fails
to advise the school board within 30 days of the date of
notification that a position is available to that teacher who
may return to employment and assume the duties of the position
to which appointed on a future date determined by the board;
(g) A teacher placed on unrequested leave of absence may
engage in teaching or any other occupation during the period of
this leave;
(h) The unrequested leave of absence shall not impair the
continuing contract rights of a teacher or result in a loss of
credit for previous years of service;
(i) The unrequested leave of absence of a teacher who is
placed on unrequested leave of absence prior to January 1, 1978
and who is not reinstated shall continue for a period of two
years after which the right to reinstatement shall terminate.
The unrequested leave of absence of a teacher who is placed on
unrequested leave of absence on or after January 1, 1978 and who
is not reinstated shall continue for a period of five years,
after which the right to reinstatement shall terminate; provided
the teacher's right to reinstatement shall also terminate if the
teacher fails to file with the board by April 1 of any year a
written statement requesting reinstatement;
(j) The same provisions applicable to terminations of
probationary or continuing contracts in subdivisions 3 and 4
shall apply to placement on unrequested leave of absence;
(k) Nothing in this subdivision shall be construed to
impair the rights of teachers placed on unrequested leave of
absence to receive unemployment compensation if otherwise
eligible.
Sec. 27. Minnesota Statutes 1990, section 125.60,
subdivision 3, is amended to read:
Subd. 3. [REINSTATEMENT.] Except as provided in
subdivisions 6a and 6b, a teacher on an extended leave of
absence pursuant to this section shall have the right to be
reinstated to a position for which the teacher is licensed at
the beginning of any school year which immediately follows a
year of the extended leave of absence, unless the teacher fails
to give the required notice of intention to return or is
discharged or placed on unrequested leave of absence or the
contract is terminated pursuant to section 125.12 or 125.17
while the teacher is on the extended leave. The board shall not
be obligated to reinstate any teacher who is on an extended
leave of absence pursuant to this section, unless the teacher
advises the board of the intention to return before February 1
in the school year preceding the school year in which the
teacher wishes to return or by February 1 in the calendar year
in which the leave is scheduled to terminate. The board shall
notify the commissioner within 30 days of being notified that a
teacher intends to return from an extended leave.
Sec. 28. Minnesota Statutes 1990, section 275.065,
subdivision 6, is amended to read:
Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.]
Between November 15 and December 20, the governing bodies of the
city and county shall each hold a public hearing to adopt its
final budget and property tax levy for taxes payable in the
following year, and the governing body of the school district
shall hold a public hearing to adopt its property tax levy for
taxes payable in the following year.
At the hearing, the taxing authority, other than a school
district, may amend the proposed budget and property tax levy
and must adopt a final budget and property tax levy, and the
school district may amend the proposed property tax levy and
must adopt a final property tax levy.
The property tax levy certified under section 275.07 by a
city, county, or school district must not exceed the proposed
levy determined under subdivision 1, except by an amount up to
the sum of the following amounts:
(1) the amount of a school district levy whose voters
approved a referendum to increase taxes under section 124A.03,
subdivision 2, 124B.03, subdivision 2, or 124.82, subdivision 3,
after the proposed levy was certified;
(2) the amount of a city or county levy approved by the
voters under section 275.58 after the proposed levy was
certified;
(3) the amount of a levy to pay principal and interest on
bonds issued or approved by the voters under section 475.58
after the proposed levy was certified;
(4) the amount of a levy to pay costs due to a natural
disaster occurring after the proposed levy was certified, if
that amount is approved by the commissioner of revenue under
subdivision 6a;
(5) the amount of a levy to pay tort judgments against a
taxing authority that become final after the proposed levy was
certified, if the amount is approved by the commissioner of
revenue under subdivision 6a; and
(6) the amount of an increase in levy limits certified to
the taxing authority by the commissioner of revenue or the
commissioner of education after the proposed levy was certified.
At the hearing the percentage increase in property taxes
proposed by the taxing authority, if any, and the specific
purposes for which property tax revenues are being increased
must be discussed. During the discussion, the governing body
shall hear comments regarding a proposed increase and explain
the reasons for the proposed increase. The public shall be
allowed to speak and to ask questions prior to adoption of any
measures by the governing body. The governing body, other than
the governing body school districts, shall adopt its final
property tax levy prior to adopting its final budget.
The hearing must be held after 5:00 p.m. if scheduled on a
day other than Saturday. No hearing may be held on a Sunday.
The county auditor shall provide for the coordination of hearing
dates for all taxing authorities within the county.
By August 1, the county auditor shall notify the clerk of
each school district within the county of the dates that the
county board has designated for its hearing and any continuation
under subdivision 3. By August 15, each school board shall
certify to the county auditors of the counties in which the
school district is located the dates on which it elects to hold
its hearings and any continuations under subdivision 3. If a
school board does not certify the dates by August 15, the
auditor will assign the hearing date. The dates elected or
assigned must not conflict with the county hearing dates. By
August 20, the county auditor shall notify the clerks of the
cities within the county of the dates on which the county and
school districts have elected to hold their hearings. At the
time a city certifies its proposed levy under subdivision 1 it
shall certify the dates on which it elects to hold its hearings
and any continuations under subdivision 3. The city must not
select dates that conflict with those elected by or assigned to
the counties and school districts in which the city is located.
The hearing dates so elected or assigned must be designated
on the notices required under subdivision 3.
This subdivision does not apply to towns and special taxing
districts.
Sec. 29. Minnesota Statutes 1990, section 275.125,
subdivision 4, is amended to read:
Subd. 4. [MISCELLANEOUS LEVY AUTHORIZATIONS.] (a) A school
district may levy the amounts necessary to make payments for
bonds issued and for interest thereon, including the bonds and
interest thereon, issued as authorized by Minnesota Statutes
1974, section 275.125, subdivision 3, clause (7)(C); the amounts
necessary for repayment of debt service loans and capital loans;
the amounts necessary to pay the district's obligations under
section 6.62; the amount authorized for liabilities of dissolved
districts pursuant to section 122.45; the amounts necessary to
pay the district's obligations under section 268.06, subdivision
25; the amounts necessary to pay for job placement services
offered to employees who may become eligible for benefits
pursuant to section 268.08; the amounts necessary to pay the
district's obligations under section 127.05; the amounts
authorized by section 122.531; the amounts necessary to pay the
district's obligations under section 122.533; and for severance
pay required by this section sections 120.08, subdivision 3, and
section 122.535, subdivision 6.
(b) An education district that negotiates a collective
bargaining agreement for teachers under section 122.937 may
certify to the department of education the amount necessary to
pay all of the member districts' obligations and the education
district's obligations under section 268.06, subdivision 25.
The department of education must allocate the levy amount
proportionately among the member districts based on adjusted net
tax capacity. The member districts must levy the amount
allocated.
(c) Each year, a member district of an education district
that levies under this subdivision must transfer the amount of
revenue certified under paragraph (b) to the education district
board according to this subdivision. By June 20 and November 30
of each year, an amount must be transferred equal to:
(1) 50 percent times
(2) the amount certified in paragraph (b) minus homestead
and agricultural credit aid allocated for that levy according to
section 273.1398, subdivision 6.
Sec. 30. Minnesota Statutes 1990, 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 for 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, and a description of the
space to be leased and its proposed use. The criteria for
approval of applications to levy under this subdivision must
include: the reasonableness of the price, the appropriateness
of the space to the proposed activity, the feasibility of
transporting pupils to the leased building, conformity of the
lease to the laws and rules of the state of Minnesota, and the
appropriateness of the proposed lease to the space needs and the
financial condition of the district. The commissioner must not
authorize a levy under this subdivision in an amount greater
than the cost to the district of renting or leasing a building
for approved purposes. The proceeds of this levy must not be
used for leasing or renting a facility owned by a district or
for custodial or other maintenance services. A district may not
levy under this subdivision for the purpose of leasing or
renting a district-owned building to itself.
Sec. 31. Minnesota Statutes 1990, section 275.125,
subdivision 18, is amended to read:
Subd. 18. [LEVY INFORMATION.] By September 15 of each year
each district shall notify the commissioner of education of the
proposed levies in compliance with the levy limitations of this
section and chapters 124, 124A, and 124B, 136C, and 136D. By
January 15 of each year each district shall notify the
commissioner of education of the final levies certified. The
commissioner of education shall prescribe the form of these
notifications and may request any additional information
necessary to compute certified levy amounts.
Sec. 32. Minnesota Statutes 1990, section 275.125,
subdivision 20, is amended to read:
Subd. 20. [ESTIMATES.] The computation of levy limitations
pursuant to this section and chapter chapters 124, 124A, 124B,
136C, and 136D shall be based on estimates where necessary. If
as a result of using estimates for these computations the amount
of any levy is different from the amount which could actually
have been levied if actual data had been available, levy
limitations in the first year when the actual data is known
shall be adjusted to reflect for this difference. The amount of
any adjustment to levy limitations pursuant to this subdivision
shall be recognized as revenue in the school year when the levy
for which the levy limitation is so adjusted is recognized as
revenue.
Sec. 33. Minnesota Statutes 1990, section 275.16, is
amended to read:
275.16 [COUNTY AUDITOR TO FIX AMOUNT OF LEVY.]
If any such municipality shall return to the county auditor
a levy greater than permitted by chapters 124, 124A, 124B, 136C,
and 136D and sections 275.124 to 275.16, such county auditor
shall extend only such amount of taxes as the limitations herein
prescribed will permit; provided, if such levy shall include any
levy for the payment of bonded indebtedness or judgments, such
levies for bonded indebtedness or judgments shall be extended in
full, and the remainder of the levies shall be reduced so that
the total thereof, including levies for bonds and judgments,
shall not exceed such amount as the limitations herein
prescribed will permit.
Sec. 34. Minnesota Statutes 1990, 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 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. 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. 35. Laws 1991, chapter 2, article 2, section 2, is
amended to read:
Sec. 2. APPROPRIATION REDUCTIONS
The general fund appropriations in
Laws 1989, chapter 329, as amended
by Laws 1990, chapter 562,
articles 6, 7, and 9, are reduced
by the listed amounts. All
reductions are for fiscal year
1991 only.
(a) Transportation aid for enrollment options (25,400)
(25,300)
(b) Summer special education aid (759,800)
(727,900)
(c) Secondary vocational handicapped aid (1,500,400)
(1,836,400)
(d) Assurance of mastery aid (849,000)
(659,300)
(e) Individualized learning and development aid (429,000)
(350,500)
(f) Adult graduation aid (426,000)
(527,000)
(g) Health and developmental screening aid (1,360,800)
(1,232,900)
(h) Secondary vocational cooperative aid (5,300)
(200)
(i) Cooperation and combination aid (2,900)
(j) PER process aid (500)
(k) Tobacco use prevention aid (2,700)
(2,300)
(l) (j) Career teacher aid (222,600)
(m) (k) Educational cooperative service unit loans (500,000)
(n) (l) Adult education - basic skills evaluation (75,000)
(o) (m) Department of education (136,000)
None of this reduction shall be
taken from the appropriations for
the Faribault academies.
(p) (n) Minnesota center for arts education (200,000)
(q) (o) Task force on mathematics, science, technology,
and international education (33,000)
Sec. 36. [MECC SALES OR USE TAXES.]
Any sales or use taxes collected by the commissioner of
revenue from the Minnesota Educational Computing Consortium with
respect to transactions occurring prior to January 5, 1991 shall
be deposited in the permanent school fund.
Sec. 37. [INSTRUCTION TO REVISOR.]
In the next edition of Minnesota Statutes, the revisor of
statutes shall recodify:
(1) section 124C.01 as a section in chapter 120;
(2) sections 124C.22 to 124C.25 as sections in chapter 120,
121, or 126;
(3) sections 124C.26 to 124C.31 as sections in chapter 120,
121, or 125;
(4) section 124C.61 as a section in chapter 126;
(5) section 275.125, subdivisions 5, 5a, 5b, 5c, 5e, 5f,
5g, and 5h, as section 124.226; and
(6) section 275.125, subdivisions 4, 6a, 6e, 6h, 6i, 8c,
8e, 9, 9a, 9b, 9c, 10, 11d, 11e, 11f, 12a, 14a, 15, 17, 18, 20,
and 21, as a section in chapter 124.
The revisor shall change all cross-references to the
recodified subdivisions and sections.
Sec. 38. [REPEALER.]
Subdivision 1. [GENERAL PROVISIONS.] Minnesota Statutes
1990, sections 121.933, subdivision 2; 122.23, subdivision 17;
123.932, subdivision 4; 124A.02, subdivision 19; 124C.21;
275.125, subdivisions 1, 4a, and 8d; 354.094, subdivisions 1a
and 1b, are repealed.
Subd. 2. [MECC REPEAL.] Minnesota Statutes 1990, sections
119.01; 119.02; 119.03; 119.04, subdivisions 1, 2, and 3;
119.05; 119.06; 119.07; 119.08; and 119.09, are repealed.
The repeal of the sections in this subdivision shall not be
construed to mean that the commissioner of finance, on behalf of
the state of Minnesota, does not have the right to seek any
legal remedy to enforce the rights granted in any agreements
entered into according to the sections repealed.
Sec. 39. [EFFECTIVE DATE.]
Sections 9, 10, 11, and 35 are effective the day following
final enactment.
Presented to the governor May 17, 1991
Signed by the governor May 21, 1991, 5:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes