Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 265-H.F.No. 700
An act relating to education; providing for general
education revenue, transportation, special programs,
community services, facilities and equipment,
education organization and cooperation, other aids and
levies, other education programs, miscellaneous
education matters, libraries, state education
agencies, maximum effort school loan bonds;
authorizing the issuance of bonds; appropriating
money; amending Minnesota Statutes 1990, sections
120.062, subdivisions 8a and 9; 120.08, subdivision 3;
120.101, by adding a subdivision; 120.17, subdivisions
3b, 7a, and 11a; 120.181; 120.59; 120.60; 120.61;
120.62; 120.63; 120.64; 120.65; 120.66; 120.67;
121.11, subdivision 12; 121.14; 121.148, subdivision
1; 121.15, subdivisions 7 and 9; 121.155; 121.165;
121.49, subdivision 1; 121.585, subdivision 3;
121.608; 121.609, subdivisions 2 and 3; 121.612,
subdivision 9; 121.88, subdivisions 9 and 10; 121.882,
subdivisions 2, 6, and by adding a subdivision;
121.904, subdivisions 4a and 4e; 121.912, by adding
subdivisions; 121.917, subdivision 3; 121.931,
subdivisions 6a, 7, and 8; 121.932, subdivisions 2, 3,
and 5; 121.933, subdivision 1; 121.934, subdivision 7;
121.935, subdivisions 1, 4, 6, and by adding
subdivisions; 121.936, subdivisions 1, 2, and 4;
121.937, subdivision 1; 122.22, subdivisions 7a and 9;
122.23, subdivisions 2 and 3; 122.241, subdivisions 1
and 2; 122.242, subdivision 9; 122.243, subdivision 2;
122.247, subdivision 3, and by adding a subdivision;
122.41; 122.531, by adding subdivisions; 122.535,
subdivision 6; 122.541, subdivision 7; 122.91,
subdivision 5; 122.94, subdivision 6, and by adding a
subdivision; 123.34, subdivisions 9 and 10; 123.35, by
adding subdivisions; 123.351, subdivision 8; 123.3514,
subdivisions 3, 4, 6, 6b, 8, and by adding a
subdivision; 123.38, subdivision 2b; 123.58, by adding
subdivisions; 123.702; 123.744; 123.951; 124.14,
subdivision 7; 124.17, subdivisions 1, 1b, and by
adding subdivisions; 124.19, subdivisions 1, 7, and by
adding a subdivision; 124.195, subdivisions 9 and 11;
124.223, subdivisions 1 and 8; 124.225, subdivisions
1, 3a, 7a, 7b, 7d, 8a, 8k, 10, and by adding a
subdivision; 124.26, subdivisions 1c and 2; 124.261;
124.2711; 124.2713, subdivisions 1, 3, 5, 6, and 9;
124.2721, subdivisions 2, 3, and by adding
subdivisions; 124.2725, subdivisions 4, 5, 6, 8, and
10; 124.273, subdivision 1b; 124.311, subdivision 4;
124.32, subdivisions 1b and 10; 124.332, subdivisions
1 and 2; 124.493, by adding a subdivision; 124.573,
subdivisions 2b and 3a; 124.574, subdivision 2b;
124.575, by adding subdivisions; 124.646; 124.6472,
subdivision 1; 124.83, subdivision 4; 124.86; 124A.02,
subdivisions 16 and 23; 124A.03; 124A.04; 124A.22,
subdivisions 2, 3, 4, 5, 8, 9, and by adding
subdivisions; 124A.23, subdivisions 1, 4, and 5;
124A.24; 124A.26, subdivision 1; 124A.29, subdivision
1; 124A.30; 124B.03, subdivision 2; 124C.03,
subdivisions 2 and 16; 125.09, subdivision 4; 125.12,
subdivision 3, and by adding subdivisions; 125.17,
subdivision 2, and by adding subdivisions; 125.185,
subdivisions 4 and 4a; 125.231; 126.113, subdivisions
1 and 2; 126.12, subdivision 1; 126.22, subdivisions
2, 3, 4, 8, and by adding subdivisions; 126.23;
126.266, subdivision 2; 126.51, subdivision 1a;
126.661, subdivision 5, and by adding a subdivision;
126.663, subdivisions 2 and 3; 126.665; 126.666,
subdivision 2, and by adding subdivisions; 126.67,
subdivision 2b; 126.70, subdivisions 1, 2, and 2a;
128A.02, subdivision 4; 128A.05, subdivision 3;
128B.03, subdivisions 4, 5, 7, and by adding a
subdivision; 128B.04; 128B.05, subdivisions 2 and 3;
128B.06, subdivision 1; 128B.08; 128B.09; 128B.10,
subdivisions 1 and 2; 128C.01, by adding a
subdivision; 128C.12, subdivision 3; 128C.20; 129C.10,
subdivisions 3, 3a, 4a, and 6; 134.001, subdivisions 2
and 3; 134.31, subdivision 4; 134.35; 134.351,
subdivision 7; 136D.22, by adding a subdivision;
136D.29; 136D.71; 136D.72, subdivision 1; 136D.76,
subdivision 2; 136D.82, by adding a subdivision;
136D.90; 141.25, subdivision 8; 141.26, subdivision 5;
145.926; 171.29, subdivision 2; 203B.085; 214.10, by
adding a subdivision; 245A.03, subdivision 2; 260.015,
subdivision 19; 268.08, subdivision 6; 272.02,
subdivision 8; 275.065, subdivisions 3, 5a, and 6;
275.125, subdivisions 4, 5, 5b, 5c, 11d, and by adding
a subdivision; 279.03, subdivision 1a; 281.17; 298.28,
subdivision 4; 364.09; 475.61, subdivision 3; and
631.40; Laws 1989, chapter 329, article 4, section 20;
and article 6, section 53, subdivision 6, as amended;
proposing coding for new law in Minnesota Statutes,
chapters 3; 120; 121; 122; 123; 124; 124C; 125; 127;
128B; 129C; 134; 136D; 171; 373; and 473; repealing
Minnesota Statutes 1990, sections 3.865; 3.866;
120.011; 120.104; 120.105; 121.111; 121.15,
subdivision 10; 121.91, subdivision 7; 121.932,
subdivision 1; 121.933, subdivision 2; 121.935,
subdivisions 3 and 5; 121.936, subdivision 5; 121.937,
subdivision 2; 122.43, subdivision 1; 122.531,
subdivision 5; 122.945, subdivision 4; 123.3514,
subdivisions 6 and 6b; 123.706; 123.707; 123.73;
123.744; 124.225, subdivisions 3, 4b, 7c, 8b, 8i, and
8j; 124.252; 124.26, subdivisions 7 and 8; 124.2713,
subdivision 4; 124.2721, subdivision 3a; 124.48,
subdivision 2; 124.493, subdivision 2; 124.535,
subdivision 3a; 124A.02, subdivision 19; 124C.01,
subdivision 2; 124C.02; 124C.41, subdivisions 6 and 7;
125.231, subdivision 6; 128B.01; 128B.03, subdivisions
3 and 8; 128B.07; 128B.10, subdivision 3; 128C.12,
subdivision 2; 129C.10, subdivision 5; 135A.10,
subdivision 2; 136A.044; 136D.27, subdivision 1;
136D.28; 136D.30; 136D.74, subdivision 2; 136D.87,
subdivision 1; 136D.89; 136D.91; and 275.125,
subdivisions 8b, 8c, and 8d; Laws 1989, chapter 329,
article 12, section 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1. Minnesota Statutes 1990, 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 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 31.0 37.0 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) 31.0 37.0 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 sections
124.2725, subdivision 15, 124.4945, and 275.125, subdivisions 4
and 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, amounts
levied for down payments under section 124.82, subdivision 3,
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 1990, section 121.904,
subdivision 4e, is amended 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) 31.0 37.0 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 1990, section 122.531, is
amended by adding a subdivision to read:
Subd. 5a. [SUPPLEMENTAL REVENUE.] (a) For purposes of
computing the supplemental revenue and the minimum allowance
under section 124A.22, subdivision 9, paragraph (b), in the case
of a consolidation, the newly created district's 1991-1992
revenue and 1991-1992 actual pupil units are the sum of the
1991-1992 revenue and 1991-1992 pupil units, respectively, of
the former districts comprising the new district.
(b) For purposes of computing the supplemental revenue and
the minimum allowance under section 124A.22, subdivision 9,
paragraph (b), in the case of a dissolution and attachment, a
district's 1991-1992 revenue is the revenue of the existing
district plus the result of the following calculation:
(1) the 1991-1992 revenue of the dissolved district divided
by
(2) the dissolved district's 1991-1992 actual pupil units,
multiplied by
(3) the pupil units of the dissolved district in the most
recent year before the dissolution allocated to the newly
created or enlarged district.
(c) In the case of a dissolution and attachment, the
department of education shall allocate the pupil units of the
dissolved district to the newly enlarged district based on the
allocation of the property on which the pupils generating the
pupil units reside.
Sec. 4. Minnesota Statutes 1990, section 124.17,
subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each resident
pupil in average daily membership shall be counted according to
this subdivision.
(a) A handicapped prekindergarten pupil who is enrolled for
the entire fiscal year in a program approved by the commissioner
and has an individual education plan that requires up to 437
hours of assessment and education services in the fiscal year is
counted as one-half of a pupil unit. If the plan requires more
than 437 hours of assessment and education services, the pupil
is counted as the ratio of the number of hours of assessment and
education service to 875, but not more than one.
(b) A handicapped prekindergarten pupil who is enrolled for
less than the entire fiscal year in a program approved by the
commissioner is counted as the greater of:
(1) one-half times the ratio of the number of instructional
days from the date the pupil is enrolled to the date the pupil
withdraws to the number of instructional days in the school
year,; or
(2) the ratio of the number of hours of assessment and
education service required in the fiscal year by the pupil's
individual education program plan to 875, but not more than one.
(c) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of
hours of assessment service to 875.
(d) A handicapped kindergarten pupil who is enrolled in a
program approved by the commissioner is counted as the ratio of
the number of hours of assessment and education services
required in the fiscal year by the pupil's individual education
program plan to 875, but not more than one.
(e) A kindergarten pupil who is not included in paragraph
(d) is counted as one-half of a pupil unit.
(f) A pupil who is in any of grades 1 to 6 is counted as
one pupil unit.
(g) A pupil who is in any of grades 7 to 12 is counted as
1.35 1.3 pupil units.
Sec. 5. Minnesota Statutes 1990, section 124.17,
subdivision 1b, is amended to read:
Subd. 1b. [FISCAL YEAR 1992 AFDC PUPIL UNITS.] AFDC pupil
units for fiscal year 1992 shall be computed according to this
subdivision. In a district in which the number of pupils from
families receiving aid to families with dependent children on
October 1 of the previous school year according to section 7
equals six percent or more of the actual pupil units in the
district for the current school year, as computed in subdivision
1, each such pupil shall be counted as an additional one-tenth
of a pupil unit for each percent of concentration over five
percent of such pupils in the district. The percent of
concentration shall be rounded down to the nearest whole
percent. In a district in which the percent of concentration is
less than six, additional pupil units may not be counted for
such pupils. A pupil may not be counted as more than .6
additional pupil unit under this subdivision. The weighting in
this subdivision is in addition to the weighting provided in
subdivision 1.
Sec. 6. Minnesota Statutes 1990, section 124.17, is
amended by adding a subdivision to read:
Subd. 1d. [AFDC PUPIL UNITS.] AFDC pupil units for fiscal
year 1993 and thereafter must be computed according to this
subdivision.
(a) The AFDC concentration percentage for a district equals
the product of 100 times the ratio of:
(1) the number of pupils enrolled in the district from
families receiving aid to families with dependent children
according to section 7; to
(2) the number of pupils in average daily membership
according to section 7 enrolled in the district.
(b) The AFDC pupil weighting factor for a district equals
the lesser of one or the quotient obtained by dividing the
district's AFDC concentration percentage by 11.5.
(c) The AFDC pupil units for a district for fiscal year
1993 and thereafter equals the product of:
(1) the number of pupils enrolled in the district from
families receiving aid to families with dependent children
according to section 7; times
(2) the AFDC pupil weighting factor for the district; times
(3) .65.
Sec. 7. Minnesota Statutes 1990, section 124.17, is
amended by adding a subdivision to read:
Subd. 1e. [AFDC PUPIL COUNTS.] AFDC pupil counts and
average daily membership for sections 5 and 6 shall be
determined according to this subdivision:
(a) For districts where the number of pupils from families
receiving aid to families with dependent children has increased
over the preceding year for each of the two previous years, the
number of pupils enrolled in the district from families
receiving aid to families with dependent children shall be those
counted on October 1 of the previous school year. The average
daily membership used shall be from the previous school year.
(b) For districts that do not meet the requirement of
paragraph (a), the number of pupils enrolled in the district
from families receiving aid to families with dependent children
shall be the average number of pupils on October 1 of the second
previous school year and October 1 of the previous school year.
The average daily membership used shall be the average number
enrolled in the previous school year and the second previous
school year.
Sec. 8. Minnesota Statutes 1990, section 124A.02,
subdivision 16, is amended to read:
Subd. 16. [PUPIL UNITS, AFDC.] "AFDC pupil units" for
fiscal year 1992 means pupil units identified in section 124.17,
subdivision 1b.
"AFDC pupil units" for fiscal year 1993 and thereafter
means pupil units identified in section 6.
Sec. 9. Minnesota Statutes 1990, section 124A.02,
subdivision 23, is amended to read:
Subd. 23. [TRAINING AND EXPERIENCE INDEX.] "Training and
experience index" means a measure of a district's teacher
training and experience relative to the education and experience
of teachers in the state. The measure shall be determined
pursuant to section 124A.04 and according to a method published
in the Minnesota Code of Administrative Rules. The published
method shall include the data used and a reasonably detailed
description of the steps in the method. The method shall not be
subject to the provisions of chapter 14. At least biennially,
the department shall recompute the index using complete new data.
Sec. 10. Minnesota Statutes 1990, section 124A.03, is
amended to read:
124A.03 [REFERENDUM LEVY REVENUE.]
Subd. 1b. [REFERENDUM ALLOWANCE.] A district's referendum
revenue allowance equals the referendum revenue authority for
that year divided by its actual pupil units for that school year.
Subd. 1c. [REFERENDUM ALLOWANCE LIMIT.] (a)
Notwithstanding subdivision 1b, a district's referendum
allowance must not exceed the greater of:
(1) the district's referendum allowance for fiscal year
1992; or
(2) 35 percent of the formula allowance for that fiscal
year.
Subd. 1d. [SPARSITY EXCEPTION.] A district that qualifies
for sparsity revenue under section 124A.22 is not subject to a
referendum allowance limit.
Subd. 1e. [TOTAL REFERENDUM REVENUE.] The total referendum
revenue for each district equals the district's referendum
allowance times the actual pupil units for the school year.
Subd. 1f. [REFERENDUM EQUALIZATION REVENUE.] A district's
referendum equalization revenue equals ten percent of the
formula allowance times the district's actual pupil units for
that year.
Referendum equalization revenue must not exceed a
district's referendum revenue allowance times the district's
actual pupil units for that year.
Subd. 1g. [REFERENDUM EQUALIZATION LEVY.] A district's
referendum equalization levy equals the district's referendum
equalization revenue times the lesser of one or the ratio of the
district's adjusted net tax capacity per actual pupil unit to 50
percent of the equalizing factor as defined in section 124A.02,
subdivision 8.
Subd. 1h. [REFERENDUM EQUALIZATION AID.] (a) A district's
referendum equalization aid equals the difference between its
referendum equalization revenue and levy.
(b) For fiscal year 1993, a district's referendum
equalization aid is equal to one-third of the amount calculated
in clause (a).
(c) For fiscal year 1994, a district's referendum
equalization aid is equal to two-thirds of the amount calculated
in clause (a).
(d) If a district's actual levy for referendum equalization
revenue is less than its maximum levy limit, aid shall be
proportionately reduced.
Subd. 1i. [UNEQUALIZED REFERENDUM LEVY.] Each year, a
district may levy an amount equal to the difference between its
total referendum revenue according to subdivision 1f and its
equalized referendum aid and levy according to subdivisions 1g
and 1h.
Subd. 2. [REFERENDUM LEVY REVENUE.] (a) The levy revenue
authorized by section 124A.23 124A.22, subdivision 2 1, may be
increased in the amount 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 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 revenue per actual pupil unit, the estimated net tax
capacity rate in the first year it is to be levied, and that the
local tax rate revenue shall be used to finance school
operations. The ballot shall designate the specific number of
years, not to exceed five, 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 revenue proposed by
(petition to) the board of ........., School District No. .., be
approved?"
If approved, the an amount provided by equal to the
approved local tax rate applied to the net tax capacity revenue
per actual pupil unit times the actual pupil units for the
school year preceding beginning in the year after 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.
(b) The school 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 referendum to each taxpayer at the address listed
on the school district's current year's assessment roll, a
notice of the referendum and the proposed levy revenue 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 tax increase in annual dollars and annual percentage
for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the school
district.
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."
(c) A referendum on the question of revoking or reducing
the increased levy revenue amount authorized pursuant to
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 A referendum to revoke
or reduce the levy amount must be based upon the dollar amount,
local tax rate, or amount per actual pupil unit, that was stated
to be the basis for the initial authorization. Revenue approved
by the voters of the district pursuant to paragraph (a) must
be made received at least once before it is subject to a
referendum on its revocation or reduction for subsequent years.
Only one revocation or reduction referendum may be held to
revoke or reduce a levy referendum revenue for any specific year
and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) shall be
effective if signed by a number of qualified voters in excess of
15 percent of the registered voters of the school district on
the day the petition is filed with the school board. A
referendum invoked by petition shall be held on the date
specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum authorized by this
subdivision.
(f) At least 15 days prior to the day of the referendum,
the district shall submit a copy of the notice required under
paragraph (b) to the commissioner of education. Within 15 days
after the results of the referendum have been certified by the
school board, or in the case of a recount, the certification of
the results of the recount by the canvassing board, the district
shall notify the commissioner of education of the results of the
referendum.
Sec. 11. Minnesota Statutes 1990, section 124A.04, is
amended to read:
124A.04 [TRAINING AND EXPERIENCE INDEX.]
Subdivision 1. [FISCAL YEAR 1992.] The training and
experience index for fiscal year 1992 shall be constructed in
the following manner:
(a) The department shall construct a matrix which
classifies teachers by the extent of training received in
accredited institutions of higher education, and by the years of
experience which the district takes districts take into account
in determining each teacher's salary teacher salaries.
(b) For all teachers in the state, the average salary per
full-time-equivalent shall be computed for each cell of the
matrix.
(c) For each cell of the matrix, the ratio of the average
salary in that cell to the average salary in the cell for
teachers with no prior years of experience and only a bachelor's
degree shall be computed. The department shall use statistical
methods to ensure continuously increasing ratios as cells are
higher in training or experience.
(d) The index for each district shall be equal to the
weighted average of the ratios assigned to the
full-time-equivalent teachers in each district.
Subd. 2. [1993 AND LATER.] The training and experience
index for fiscal year 1993 and later fiscal years must be
constructed in the following manner:
(a) The department shall construct a matrix that classifies
teachers by the extent of training received in accredited
institutions of higher education and by the years of experience
that districts take into account in determining teacher salaries.
(b) The average salary for each cell of the matrix must be
computed as follows using data from the second year of the
previous biennium:
(1) For each school district, multiply the salary paid to
full-time equivalent teachers with that combination of training
and experience according to the district's teacher salary
schedule by the number of actual pupil units in that district.
(2) Add the amounts computed in clause (1) for all
districts in the state and divide the resulting sum by the total
number of actual pupil units in all districts in the state that
employ teachers.
(c) For each cell in the matrix, compute the ratio of the
average salary in that cell to the average salary for all
teachers in the state. Cells of the matrix in lanes beyond the
master's degree plus 30 credits lane must receive the same ratio
as the cells in the master's degree plus 30 credits lane.
(d) The index for each district that employs teachers
equals the sum of the ratios for each teacher in that district
divided by the number of teachers in that district. The index
for a district that employs no teachers is zero.
Sec. 12. Minnesota Statutes 1990, 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 $2,838 for
fiscal year 1990. The formula allowance for 1992 and subsequent
fiscal years is $2,953 $3,050.
Sec. 13. Minnesota Statutes 1990, section 124A.22,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATORY EDUCATION REVENUE.] (a) For fiscal
year 1992, the compensatory education revenue for each district
equals the formula allowance times the AFDC pupil units counted
according to section 124.17, subdivision 1b, for the school year.
(b) For fiscal year 1993 and thereafter, the maximum
compensatory education revenue for each district equals the
formula allowance times the AFDC pupil units computed according
to section 124.17, subdivision 1d.
(c) For fiscal year 1993 and thereafter, the previous
formula compensatory education revenue for each district equals
the formula allowance times the AFDC pupil units computed
according to section 124.17, subdivision 1b.
(d) For fiscal year 1993, the compensatory education
revenue for each district equals the district's previous formula
compensatory revenue plus one-fourth of the difference between
the district's maximum compensatory education revenue and the
district's previous formula compensatory education revenue.
(e) For fiscal year 1994, the compensatory education
revenue for each district equals the district's previous formula
compensatory education revenue plus one-half of the difference
between the district's maximum compensatory education revenue
and the district's previous formula compensatory education
revenue.
(f) For fiscal year 1995, the compensatory education
revenue for each district equals the district's previous formula
compensatory education revenue plus three-fourths of the
difference between the district's maximum compensatory education
revenue and the district's previous formula compensatory
education revenue.
(g) For fiscal year 1996 and thereafter, the compensatory
education revenue for each district equals the district's
maximum compensatory education revenue.
Sec. 14. Minnesota Statutes 1990, section 124A.22,
subdivision 4, is amended to read:
Subd. 4. [TRAINING AND EXPERIENCE REVENUE.] (a) For fiscal
year 1992, the training and experience revenue for each district
equals the greater of zero or the result of the following
computation:
(a) (1) subtract 1.6 from the training and experience
index.;
(b) (2) multiply the result in clause (a) (1) by the
product of $700 times the actual pupil units for the school year.
(b) For 1993 and later fiscal years, the maximum training
and experience revenue for each district equals the greater of
zero or the result of the following computation:
(1) subtract .8 from the training and experience index;
(2) multiply the result in clause (1) by the product of
$575 times the actual pupil units for the school year.
(c) For 1993 and later fiscal years, the previous formula
training and experience revenue for each district equals the
amount of training and experience revenue computed for that
district according to the formula used to compute training and
experience revenue for fiscal year 1992.
(d) For fiscal year 1993, the training and experience
revenue for each district equals the district's previous formula
training and experience revenue plus one-fourth of the
difference between the district's maximum training and
experience revenue and the district's previous formula training
and experience revenue.
(e) For fiscal year 1994, the training and experience
revenue for each district equals the district's previous formula
training and experience revenue plus one-half of the difference
between the district's maximum training and experience revenue
and the district's previous formula training and experience
revenue.
(f) For fiscal year 1995, the training and experience
revenue for each district equals the district's previous formula
training and experience revenue plus three-fourths of the
difference between the district's maximum training and
experience revenue and the district's previous formula training
and experience revenue.
(g) For fiscal year 1996 and thereafter, the training and
experience revenue for each district equals the district's
maximum training and experience revenue.
Sec. 15. Minnesota Statutes 1990, section 124A.22, is
amended by adding a subdivision to read:
Subd. 4a. [TRAINING AND EXPERIENCE LEVY.] A district's
training and experience levy equals its training and experience
revenue times the lesser of one or the ratio of the district's
adjusted net tax capacity per actual pupil unit for the year
before the year the levy is certified to the equalizing factor
for the school year to which the levy is attributable.
Sec. 16. Minnesota Statutes 1990, section 124A.22, is
amended by adding a subdivision to read:
Subd. 4b. [TRAINING AND EXPERIENCE AID.] A district's
training and experience aid equals its training and experience
revenue minus its training and experience levy times the ratio
of the actual amount levied to the permitted levy.
Sec. 17. Minnesota Statutes 1990, section 124A.22,
subdivision 5, is amended to read:
Subd. 5. [DEFINITIONS.] The definitions in this
subdivision apply only to subdivision subdivisions 6 and 6a.
(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 19 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. 18. Minnesota Statutes 1990, section 124A.22,
subdivision 8, is amended to read:
Subd. 8. [SUPPLEMENTAL REVENUE.] (a) A district's
supplemental revenue for fiscal year 1992 equals the product of
the district's supplemental revenue for fiscal year 1991 times
the ratio of:
(1) the district's 1991-1992 actual pupil units; to
(2) the district's 1990-1991 actual pupil units adjusted
for the change in secondary pupil unit weighting from 1.35 to
1.3 made in section 4.
(b) If a district's minimum allowance exceeds the sum of
its basic revenue, previous formula compensatory education
revenue, previous formula training and experience revenue,
secondary sparsity revenue, and elementary sparsity revenue per
actual pupil unit for a school fiscal year, and the excess is
less than $250 per actual pupil unit, the district shall receive
supplemental revenue equal to the amount of the excess times the
actual pupil units for the school year. If the amount of the
excess is more than $250 per actual pupil unit, the district
shall receive the greater of (1) $250 times the actual pupil
units; or (2) the amount of the excess times the actual pupil
units less the sum of (i) the difference between the district's
training and experience revenue and its previous formula
training and experience revenue; and (ii) the difference between
the district's compensatory education revenue and its previous
formula compensatory education revenue.
Sec. 19. Minnesota Statutes 1990, section 124A.22,
subdivision 9, is amended to read:
Subd. 9. [DEFINITIONS DEFINITION FOR SUPPLEMENTAL
REVENUE.] (a) The definitions definition in this subdivision
apply applies 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 general education revenue for
fiscal year 1992, according to subdivision 1; divided by
(2) the district's 1987-1988 1991-1992 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) $143 for fiscal year 1990 and $258 for subsequent
fiscal years.
Sec. 20. Minnesota Statutes 1990, section 124A.23,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX RATE.] The general
education tax rate for fiscal year 1991 is 26.3 percent.
Beginning in 1990, The commissioner of revenue shall establish
the general education tax rate and certify it to the
commissioner of education by July 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 percent, that, when applied to the adjusted net tax
capacity for all districts, raises the amount specified in this
subdivision. The general education tax rate shall be the rate
that raises $845,000,000 for fiscal year 1992 and
$887,000,000 $916,000,000 for fiscal year 1993 and $961,800,000
for fiscal year 1994 and subsequent later fiscal years. The
general education tax rate certified by the commissioner of
revenue may not be changed due to changes or corrections made to
a district's adjusted net tax capacity after the tax rate has
been certified.
Sec. 21. Minnesota Statutes 1990, section 124A.23,
subdivision 4, is amended to read:
Subd. 4. [GENERAL EDUCATION AID.] A district's general
education aid is the sum of the following amounts:
(1) the product of (i) the difference between the general
education revenue, excluding supplemental revenue, and the
general education levy, times (ii) the ratio of the actual
amount levied to the permitted levy;
(2) the product of (i) the difference between the
supplemental revenue and the supplemental levy, times (ii) the
ratio of the actual amount levied to the permitted levy; and
(3) shared time aid according to section 124A.02,
subdivision 21;
(4) referendum aid according to section 10; and
(5) debt service equalization aid according to article 5,
section 8. * (The preceding paragraph beginning "(5)" was vetoed
by the governor.)
Sec. 22. Minnesota Statutes 1990, section 124A.23,
subdivision 5, is amended to read:
Subd. 5. [USES OF REVENUE.] (a) General education revenue
may be used during the regular school year and the summer for
general and special school purposes.
(b) General education revenue may not be used:
(1) for premiums for motor vehicle insurance protecting
against injuries or damages arising from the operation of
district-owned, leased, or controlled vehicles to transport
pupils for which state aid is authorized under section 124.223;
or
(2) for any purpose for which the district may levy
according to section 275.125, subdivision 5e.
Sec. 23. 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
124, 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. 24. Minnesota Statutes 1990, section 124A.26,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE REDUCTION.] A district's general
education revenue for a school year shall be reduced if the
estimated net unappropriated operating fund balance as of June
30 in the prior school year exceeds $600 times the fund balance
pupil units in the prior year. For purposes of this subdivision
only, fund balance pupil units means the number of resident
pupil units in average daily membership enrolled in the
district, including shared time pupils, according to section
124A.02, subdivision 20, plus
(1) pupils attending the district for which general
education aid adjustments are made according to section
124A.036, subdivision 5; minus
(2) the sum of the resident pupils attending other
districts for which general education aid adjustments are made
according to section 124A.036, subdivision 5, and excluding plus
pupils for whom payment is made according to section 126.22,
subdivision 8, or 126.23. The amount of the reduction shall
equal the lesser of:
(1) the amount of the excess, or
(2) $150 times the actual pupil units for the school year.
The final adjustment payments made under section 124.195,
subdivision 6, must be adjusted to reflect actual net operating
fund balances as of June 30 of the prior school year.
Sec. 25. Minnesota Statutes 1990, section 124A.29,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL STAFF DEVELOPMENT AND PARENTAL
INVOLVEMENT PROGRAMS.] (a) Of a district's basic revenue under
section 124A.22, subdivision 2, an amount equal to $10 $15 times
the number of actual pupil units shall be reserved and may be
used only to provide staff time for peer review under section
125.12 or 125.17 or staff development programs for outcome-based
education, according to section 126.70, subdivisions 1 and
2a. Staff development revenue may be used only for staff time
for peer review or outcome-based education activities. The
school board shall determine which programs the staff
development activities to provide, the manner in which they will
be provided, and the extent to which other money local funds may
be used for the programs to supplement staff development
activities that implement outcome-based education.
(b) Of a district's basic revenue under section 124A.22,
subdivision 2, an amount equal to $5 times the number of actual
pupil units must be reserved and may be used only to provide
parental involvement programs that implement section 124C.61.
Sec. 26. Minnesota Statutes 1990, section 124A.30, is
amended to read:
124A.30 [STATEWIDE AVERAGE REVENUE.]
By October 1 of each year the commissioner shall estimate
the statewide average general education revenue per actual pupil
unit and the range in general education revenue among pupils and
districts by computing the difference between the fifth and
ninety-fifth percentiles of general education revenue. The
commissioner must provide that information to all school
districts.
If the disparity in general education revenue as measured
by the difference between the fifth and ninety-fifth percentiles
increases in any year, the commissioner must propose a change in
the general education formula that will limit the disparity in
general education revenue to no more than the disparity for the
previous school year. The commissioner must submit the proposal
to the education committees of the legislature by January 15.
Sec. 27. Minnesota Statutes 1990, section 298.28,
subdivision 4, is amended to read:
Subd. 4. [SCHOOL DISTRICTS.] (a) 27.5 cents per taxable
ton plus the increase provided in paragraph (d) must be
allocated to qualifying school districts to be distributed,
based upon the certification of the commissioner of revenue,
under paragraphs (b) and (c).
(b) 5.5 cents per taxable ton must be distributed to the
school districts in which the lands from which taconite was
mined or quarried were located or within which the concentrate
was produced. The distribution must be based on the
apportionment formula prescribed in subdivision 2.
(c)(i) 22 cents per taxable ton, less any amount
distributed under paragraph (e), shall be distributed to a group
of school districts comprised of those school districts in which
the taconite was mined or quarried or the concentrate produced
or in which there is a qualifying municipality as defined by
section 273.134 in direct proportion to school district indexes
as follows: for each school district, its pupil units
determined under section 124.17 for the prior school year shall
be multiplied by the ratio of the average adjusted net tax
capacity per pupil unit for school districts receiving aid under
this clause as calculated pursuant to chapter 124A for the
school year ending prior to distribution to the adjusted net tax
capacity per pupil unit of the district. Each district shall
receive that portion of the distribution which its index bears
to the sum of the indices for all school districts that receive
the distributions.
(ii) Notwithstanding clause (i), each school district that
receives a distribution under sections 298.018; 298.23 to
298.28, exclusive of any amount received under this clause;
298.34 to 298.39; 298.391 to 298.396; 298.405; or any law
imposing a tax on severed mineral values that is less than the
amount of its levy reduction under section 275.125, subdivision
9, for the second year prior to the year of the distribution
shall receive a distribution equal to the difference; the amount
necessary to make this payment shall be derived from
proportionate reductions in the initial distribution to other
school districts under clause (i).
(d) On July 15, in years prior to 1988, an amount equal to
the increase derived by increasing the amount determined by
paragraph (c) in the same proportion as the increase in the
steel mill products index over the base year of 1977 as provided
in section 298.24, subdivision 1, clause (a), shall be
distributed to any school district described in paragraph (c)
where a levy increase pursuant to section 124A.03, subdivision
2, is authorized by referendum, according to the following
formula. On July 15, 1988, the increase over the amount
established for 1987 shall be determined as if there had been an
increase in the tax rate under section 298.24, subdivision 1,
paragraph (b), according to the increase in the implicit price
deflator. On July 15, 1989, and subsequent years, the increase
over the amount established for the prior year shall be
determined according to the increase in the implicit price
deflator as provided in section 298.24, subdivision 1, paragraph
(a). Each district shall receive the product of:
(i) $175 times the pupil units identified in section
124.17, subdivision 1, enrolled in the second previous year or
the 1983-1984 school year, whichever is greater, less the
product of 1.8 percent times the district's taxable net tax
capacity in the second previous year; times
(ii) the lesser of:
(A) one, or
(B) the ratio of the sum of the amount certified pursuant
to section 124A.03, subdivision 2 1g, in the previous year, plus
the amount certified pursuant to section 124A.03, subdivision
1i, in the previous year, plus the referendum aid according to
section 124A.03, subdivision 1h, for the current year, to the
product of 1.8 percent times the district's taxable net tax
capacity in the second previous year.
If the total amount provided by paragraph (d) is
insufficient to make the payments herein required then the
entitlement of $175 per pupil unit shall be reduced uniformly so
as not to exceed the funds available. Any amounts received by a
qualifying school district in any fiscal year pursuant to
paragraph (d) shall not be applied to reduce general education
aid which the district receives pursuant to section 124A.23 or
the permissible levies of the district. Any amount remaining
after the payments provided in this paragraph shall be paid to
the commissioner of iron range resources and rehabilitation who
shall deposit the same in the taconite environmental protection
fund and the northeast Minnesota economic protection trust fund
as provided in subdivision 11.
Each district receiving money according to this paragraph
shall reserve $25 times the number of pupil units in the
district. It may use the money only for outcome-based learning
programs that enhance the academic quality of the district's
curriculum. The programs must be approved by the commissioner
of education.
(e) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
Sec. 28. [MORATORIUM ON REFERENDUM INCREASES.]
A school district or an education district may not conduct
an election in 1991 under Minnesota Statutes, section 124A.03,
subdivision 2, paragraph (a), or 124B.03, subdivision 2,
paragraph (a), for property taxes payable in 1992. An election
may be conducted under section 124A.03, subdivision 2, paragraph
(c), or 124B.03, subdivision 2, paragraph (e).
Sec. 29. [1991 REFERENDUM APPROVAL.]
(a) Notwithstanding any law to the contrary, the
commissioner of education may authorize referendum levy
elections under Minnesota Statutes, section 124A.03, or any
successor section for 1991 taxes payable in 1992.
(b) The aggregrate amount of referendum levies authorized
by the commissioner may not exceed $10,000,000.
(c) A school district that desires to hold an election
under Minnesota Statutes, section 124A.03, must submit an
application to the commissioner by August 1, 1991.
(d) The commissioner shall prioritize applications and
grant authority to hold an election to districts in the
following order:
(1) districts that are in statutory operating debt and have
an approved plan or have received an extension from the
department to file a plan to eliminate the statutory operating
debt;
(2) districts that have referendum levy authority expiring
in fiscal year 1992 or that have a documented hardship; and
(3) all other districts.
(e) The commissioner must approve, deny, or modify each
district's application for referendum levy authority by August
31, 1991.
Sec. 30. [BADGER SCHOOL DISTRICT FUND BALANCE.]
If independent school district No. 676, Badger, receives
payment of delinquent property taxes and the payment is more
than five percent of the total property taxes paid in the fiscal
year in which the payment is received, general education revenue
for the district shall not be reduced according to Minnesota
Statutes, section 124A.26, subdivision 1, for an excess fund
balance for the following two fiscal years.
Sec. 31. [LEVY RECOGNITION DIFFERENCES.]
For each school district that levies under Minnesota
Statutes, section 124A.03, the commissioner of education shall
calculate the difference between:
(a) the total amount of the levy, under Minnesota Statutes,
section 124A.03, that is recognized as revenue for fiscal year
1992 according to section 1; and
(b) the amount of the levy, under Minnesota Statutes,
section 124A.03, that would have been recognized as revenue for
fiscal year 1992 had the percentage according to section 1 not
been increased.
The commissioner shall reduce other aids due the district
by the amount of the difference. The total reduction is
transferred to the appropriation for general and supplemental
education aid in this article.
Sec. 32. [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:
1,625,240,000 ..... 1992
1,725,543,000 ..... 1993
The 1992 appropriation includes $247,302,000 for 1991 and
$1,377,938,000 for 1992.
The 1993 appropriation includes $257,763,000 for 1992 and
$1,467,780,000 for 1993.
Sec. 33. [REPEALER.]
Minnesota Statutes 1990, sections 122.531, subdivision 5,
and 124A.02, subdivision 19, are repealed.
Sec. 34. [EFFECTIVE DATE.]
Sections 6; 10, subdivisions 1c, 1f, 1g, and 1h; 15; and 16
are effective July 1, 1992.
Section 26 is effective July 1, 1992, and applies beginning
with the 1992-1993 school year.
Sec. 35. [EFFECTIVE DATE.]
Section 17 is effective retroactively to July 1, 1989.
Section 18, paragraph (b), is effective for revenue for 1993 and
thereafter.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1990, section 120.062,
subdivision 9, is amended to read:
Subd. 9. [TRANSPORTATION.] If requested by the parent of a
pupil, the nonresident district shall provide transportation
within the district. The state shall pay transportation aid to
the district according to section 124.225.
The resident district is not required to provide or pay for
transportation between the pupil's residence and the border of
the nonresident district. A parent may be reimbursed by the
nonresident district for the costs of transportation from the
pupil's residence to the border of the nonresident district if
the pupil is from a family whose income is at or below the
poverty level, as determined by the federal government. The
reimbursement may not exceed the pupil's actual cost of
transportation or 15 cents per mile traveled, whichever is
less. Reimbursement may not be paid for more than 250 miles per
week.
At the time a nonresident district notifies a parent or
guardian that an application has been accepted under subdivision
5 or 6, the nonresident district must provide the parent or
guardian with the following information regarding the
transportation of nonresident pupils under this section:
(1) a nonresident district may transport a pupil within the
pupil's resident district under this section only with the
approval of the resident district; and
(2) a parent or guardian of a pupil attending a nonresident
district under this section may appeal under section 123.39,
subdivision 6, the refusal of the resident district to allow the
nonresident district to transport the pupil within the resident
district.
Sec. 2. Minnesota Statutes 1990, section 123.3514,
subdivision 8, is amended to read:
Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil
enrolled in a course for secondary credit may apply to the
pupil's district of residence for reimbursement for transporting
the pupil between the secondary school in which the pupil is
enrolled and the post-secondary institution that the pupil
attends. The state board of education shall establish
guidelines for providing state aid to districts to reimburse the
parent or guardian for the necessary transportation costs, which
shall be based on financial need. The reimbursement may not
exceed the pupil's actual cost of transportation or 15 cents per
mile traveled, whichever is less. Reimbursement may not be paid
for more than 250 miles per week. However, if the nearest
post-secondary institution is more than 25 miles from the
pupil's resident secondary school, the weekly reimbursement may
not exceed the reimbursement rate per mile times the actual
distance between the secondary school and the nearest
post-secondary institution times ten. The state shall pay aid
to the district according to the guidelines established under
this subdivision. Chapter 14 does not apply to the guidelines.
Sec. 3. 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. 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. 4. Minnesota Statutes 1990, section 124.223,
subdivision 1, is amended to read:
Subdivision 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 a
pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the
provider and the school, if the home and provider are within the
attendance area of the school. State transportation aid is not
authorized for late transportation home from school for pupils
involved in after school activities. State transportation aid
is not authorized for summer program transportation except as
provided in subdivision 8.
(b) For the purposes of this subdivision, a district may
designate a licensed day care facility, 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) (1) more than 50 percent of the pupils enrolled in the
school are eligible for free or reduced school lunch; and
(ii) (2) the pupil withdrawal rate for the last year is
more than 12 percent.
(d) A pupil withdrawal rate is determined by dividing:
(i) (1) 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) (2) 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.
Sec. 5. Minnesota Statutes 1990, section 124.223,
subdivision 8, is amended to read:
Subd. 8. [SUMMER INSTRUCTIONAL PROGRAMS.] State
transportation aid is authorized for services described in
subdivisions 1 to 7, 9, and 10 when provided for handicapped
pupils in conjunction with a summer program that meets the
requirements of section 124A.27, subdivision 9. State
transportation aid is authorized for services described in
subdivision 1 when provided during the summer in conjunction
with a learning year program established under section 121.585.
Sec. 6. Minnesota Statutes 1990, section 124.225,
subdivision 1, is amended to read:
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 paragraph (e) (c), 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) "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 as
follows:
(1) Regular transportation is transportation services
provided during the regular school year under section 124.223,
subdivisions 1 and 2, excluding the following transportation
services provided under section 124.223, subdivision 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;.
(2) Nonregular transportation is transportation services
provided under section 124.223, subdivision 1, that are excluded
from the regular category, and transportation services provided
under section 124.223, subdivisions 3, 4, 5, 6, 7, 8, 9, and 10;.
(3) Excess transportation is transportation to and from
school during the regular school year 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, drug, or crime
hazards; and.
(4) Desegregation transportation is transportation during
the regular school year 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.
(5) Handicapped transportation is transportation provided
under section 124.223, subdivision 4, for handicapped pupils
between home or a respite care facility and school or other
buildings where special instruction required by section 120.17
is provided.
(f) (d) "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) (e) "Current year" means the school year for which aid
will be paid.
(h) (f) "Base year" means the second school year preceding
the school year for which aid will be paid.
(i) (g) "Base cost" for the 1986-1987 and 1987-1988 base
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 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 FTE pupils transported 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 paragraph (b) plus
the actual cost in the base year for excess transportation as
defined in clause (e) paragraph (c);
(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) (h) "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) (i) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(o) (j) "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) (k) "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) (l) "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 lesser of one or the result in clause (1);.
(3) Multiply the district's percentage of regular FTE's
transported in the current year using vehicles that are not
owned by the school district by the result in clause (2).
(r) (m) "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) (n) "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).
Sec. 7. Minnesota Statutes 1990, section 124.225,
subdivision 3a, is amended to read:
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 and $421 for the 1989-1990 base year and $434 for the
1990-1991 base year.
(b) Multiply the result in clause paragraph (a) by the
district's density index raised to the 35/100 power.
(c) Multiply the result in clause paragraph (b) by the
district's contract transportation index raised to the 1/20
power.
Sec. 8. Minnesota Statutes 1990, section 124.225,
subdivision 7a, is amended to read:
Subd. 7a. [BASE YEAR SOFTENING FORMULA.] Each district's
predicted base cost determined for the 1986-1987 and 1987-1988
base years according to subdivision 3 shall be adjusted as
provided in this 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 110 105 percent, of the
base cost.
Sec. 9. Minnesota Statutes 1990, section 124.225,
subdivision 7b, is amended to read:
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 4.1
percent to determine the district's regular transportation
allowance 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 4.0 percent to determine the district's
regular transportation allowance for the 1990-1991 1991-1992
school year and by 2.0 percent to determine the district's
regular transportation allowance for the 1992-1993 school year,
but the regular transportation allowance for a district cannot
be less than the district's minimum regular transportation
allowance according to Minnesota Statutes 1990, section 124.225,
subdivision 1, paragraph (t).
Sec. 10. Minnesota Statutes 1990, section 124.225,
subdivision 7d, is amended to read:
Subd. 7d. [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,
and handicapped categories in the current school year.
(b) The nonregular transportation revenue for each district
for the 1991-1992 school year equals the lesser of the
district's actual costs in the 1991-1992 school year for
nonregular transportation services or the product of the
district's actual cost in the current 1990-1991 school year for
nonregular transportation services as defined for the 1991-1992
school year in subdivision 1, paragraph (c), times the ratio of
the district's average daily membership for the 1991-1992 school
year to the district's average daily membership for the
1990-1991 school year according to section 124.17, subdivision
2, times 1.03, minus the amount of regular transportation
revenue attributable to FTE's transported in the desegregation
category and handicapped categories in the current school year,
plus the excess nonregular transportation revenue for the
1991-1992 school year according to subdivision 7e.
(c) For the 1992-1993 and later school years, the
nonregular transportation revenue for each district equals the
lesser of the district's actual cost in the current school year
for nonregular transportation services or the product of the
district's actual cost in the base year for nonregular
transportation services as defined for the current year in
subdivision 1, paragraph (c), times the ratio of the district's
average daily membership for the current year to the district's
average daily membership for the base year according to section
124.17, subdivision 2, times the nonregular transportation
inflation factor for the current year, minus the amount of
regular transportation revenue attributable to FTE's transported
in the desegregation and handicapped categories in the current
school year, plus the excess nonregular transportation revenue
for the current year according to subdivision 7e. The
nonregular transportation inflation factor for the 1992-1993
school year is 1.061.
Sec. 11. Minnesota Statutes 1990, section 124.225, is
amended by adding a subdivision to read:
Subd. 7e. [EXCESS NONREGULAR TRANSPORTATION REVENUE.] (a)
A district's excess nonregular transportation revenue for the
1991-1992 school year equals an amount equal to 80 percent of
the difference between:
(1) the district's actual cost in the 1991-1992 school year
for nonregular transportation services as defined for the
1991-1992 school year in subdivision 1, paragraph (c), and
(2) the product of the district's actual cost in the
1990-1991 school year for nonregular transportation services as
defined for the 1991-1992 school year in subdivision 1,
paragraph (c), times 1.15, times the ratio of the district's
average daily membership for the 1991-1992 school year to the
district's average daily membership for the 1990-1991 school
year.
(b) A district's excess nonregular transportation revenue
for the 1992-1993 school year and later school years equals an
amount equal to 80 percent of the difference between:
(1) the district's actual cost in the current year for
nonregular transportation services as defined for the current
year in subdivision 1, paragraph (c), and
(2) the product of the district's actual cost in the base
year for nonregular transportation services as defined for the
current year in subdivision 1, paragraph (c), times 1.30, times
the ratio of the district's average daily membership for the
current year to the district's average daily membership for the
base year.
(c) The state total excess nonregular transportation
revenue must not exceed $2,000,000 for the 1991-1992 school year
and $2,000,000 for the 1992-1993 school year. If the state
total revenue according to paragraph (a) or (b) exceeds the
limit set in this paragraph, the excess nonregular
transportation revenue for each district equals the district's
revenue according to paragraph (a) or (b), times the ratio of
the limitation set in this paragraph to the state total revenue
according to paragraph (a) or (b).
Sec. 12. Minnesota Statutes 1990, section 124.225,
subdivision 8a, is amended to read:
Subd. 8a. [TRANSPORTATION AID.] (a) For the 1988-1989 and
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
permitted maximum levies under section 275.125, subdivisions 5
and 5c.
(c) (b) If the total appropriation for transportation aid
for any fiscal year is insufficient to pay all districts the
full amount of aid earned, the department of education shall
reduce each district's aid in proportion to the number of
resident pupils in average daily membership in the district to
the state total average daily membership, and shall reduce the
transportation levy of off-formula districts in the same
proportion.
Sec. 13. Minnesota Statutes 1990, section 124.225,
subdivision 8k, is amended to read:
Subd. 8k. [CONTRACTED SERVICES AID REDUCTION.] (a) Each
year, a 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, excluding revenue
based on the district's minimum regular transportation allowance
according to Minnesota Statutes 1990, section 124.225,
subdivision 1, paragraph (t), under two circumstances, once
including the factor specified in subdivision 3a, clause
paragraph (c), and once excluding the factor. The aid
subtraction equals the difference between the district's revenue
computed under the two circumstances.
Sec. 14. Minnesota Statutes 1990, section 124.225,
subdivision 10, is amended to read:
Subd. 10. [DEPRECIATION.] Any school district 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, 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 district's
transportation revenue under subdivision 7c 7d.
Sec. 15. Minnesota Statutes 1990, 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
rate times the adjusted net tax capacity of the district for the
preceding year. The basic transportation tax rate for fiscal
year 1991 is 2.04 percent. Beginning in 1990, The commissioner
of revenue shall establish the basic transportation tax rate and
certify it to the commissioner of education by July 1 of each
year for levies payable in the following year. The basic
transportation tax rate shall be a rate, rounded up to the
nearest hundredth of a percent, that, when applied to the
adjusted net tax capacity of taxable property for all districts,
raises the amount specified in this subdivision. The basic
transportation tax rate for transportation shall be the rate
that raises $66,700,000 $64,300,000 for fiscal year 1993 and
$68,000,000 for fiscal year 1992 1994 and subsequent fiscal
years. The basic transportation tax rate certified by the
commissioner of revenue must not be changed due to changes or
corrections made to a district's adjusted net tax capacity after
the tax rate has been certified.
Sec. 16. Minnesota Statutes 1990, section 275.125,
subdivision 5b, is amended to read:
Subd. 5b. [TRANSPORTATION LEVY OFF-FORMULA ADJUSTMENT.]
(a) In the 1989 and 1990 fiscal years, if the basic
transportation levy under subdivision 5 in a district
attributable to 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 second year following each 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 7d, 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 second year
following each fiscal year must be reduced by the amount of the
excess.
Sec. 17. Minnesota Statutes 1990, 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 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 7d, that is more
than the product of $30 $60 times the district's actual pupil
units average daily membership, by
(2) 60 50 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 net tax capacity of the district for the year before
the year the levy is certified by the actual pupil units average
daily membership in the district for the school year to which
the levy is attributable, to (ii) $7,258 $8,000.
Sec. 18. [LEVY ADJUSTMENT.]
The department of education shall adjust the 1991 levy for
each school district by the amount of the change in the
district's nonregular transportation levy for fiscal year 1992
according to Minnesota Statutes, section 275.125, subdivision
5c, resulting from the changes to nonregular transportation
revenue and levy under sections 5, 10, 11, and 17.
Notwithstanding Minnesota Statutes, section 121.904, the entire
amount of this levy must be recognized as revenue for fiscal
year 1992.
Sec. 19. [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
according to Minnesota Statutes, section 124.225:
$116,340,000 ..... 1992
$123,133,000 ..... 1993
The 1992 appropriation includes $17,679,000 for 1991 and
$98,661,000 for 1992.
The 1993 appropriation includes $17,146,000 for 1992 and
$105,987,000 for 1993.
$1,500,000 in fiscal year 1992 and $1,000,000 in fiscal
year 1993 are for desegregation costs not funded in the regular
or nonregular transportation formulas. The department shall
allocate these amounts in proportion to the unfunded
desegregation costs. Any excess of the 1992 amount is not
available for transfer under Minnesota Statutes, section 124.14,
subdivision 7 and is available for unfunded desegregation costs
in 1993.
Subd. 3. [TRANSPORTATION AID FOR POST-SECONDARY ENROLLMENT
OPTIONS.] For transportation of pupils attending post-secondary
institutions according to Minnesota Statutes, section 123.3514:
$45,000 ..... 1992
$45,000 ..... 1993
Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
transportation of pupils attending nonresident districts
according to Minnesota Statutes, section 120.0621:
$15,000 ..... 1992
$15,000 ..... 1993
Subd. 5. [TRANSFER AUTHORITY.] If the appropriation in
subdivision 3 or 4 for either year exceeds the amount needed to
pay the state's obligation for that year under that subdivision,
the excess amount may be used to make payments for that year
under the other subdivision.
Subd. 6. [TRANSFER AUTHORITY: FISCAL YEAR 1990
APPROPRIATION.] If the appropriation in Laws 1989, chapter 329,
article 2, section 8, subdivision 3 or 4 for fiscal year 1990,
exceeds the amount needed to pay the state's obligation under
that subdivision, the excess amount may be used to make payments
under the other subdivision.
Sec. 20. [REPEALER.]
Minnesota Statutes 1990, section 124.225, subdivisions 3,
4b, 7c, 8b, 8i, and 8j, are repealed.
Sec. 21. [EFFECTIVE DATE.]
Section 19, subdivision 6, is effective the day following
final enactment.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1990, 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) (e) 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) The commissioner shall establish a mediation process to
assist parents, school districts, or other parties to resolve
disputes arising out of the identification, assessment, or
educational placement of handicapped children. The mediation
process must be offered as an informal alternative to the due
process hearing provided under clause (e), but must not be used
to deny or postpone the opportunity of a parent or guardian to
obtain a due process hearing.
(e) 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 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) (f) The decision of the hearing officer pursuant to
clause (d) (e) 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) (g).
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) (g) Any local decision issued pursuant to clauses
(d) (e) and (e) (f) 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 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 independent decision based on an impartial review
of the local decision and the entire record within 30 60
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) (h) 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) (i) The commissioner of education, having delegated
general supervision of special education to the appropriate
staff, shall be select an individual who has the qualifications
enumerated in this paragraph to serve as the hearing review
officer except for appeals in which:
(1) the commissioner has individual must be knowledgeable
and impartial;
(2) the individual must not have a personal interest in or
specific involvement with the student who is a party to the
hearing;
(2) (3) the commissioner has individual must not have been
employed as an administrator by the district that is a party to
the hearing;
(3) (4) the commissioner has individual must not have been
involved in the selection of the administrators of the district
that is a party to the hearing;
(4) (5) the commissioner has individual must not have 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) (6) the appeal challenges individual must not have
substantial involvement in the development of a state or local
policy which was developed with substantial involvement of the
commissioner; or procedures that are challenged in the appeal;
(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 and
(7) the individual is not a current employee or board
member of a Minnesota public school district, education
district, intermediate unit or regional education agency, the
state department of education, the state board of education, or
a parent advocacy organization or group.
(j) 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) (k) 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) (l) The child's school district of residence, a
resident district, and providing district shall receive notice
of and may be a party to any hearings or appeals under this
subdivision.
Sec. 2. Minnesota Statutes 1990, section 120.17,
subdivision 7a, is amended to read:
Subd. 7a. [ATTENDANCE AT SCHOOL FOR THE HANDICAPPED.]
Responsibility for special instruction and services for a
visually disabled or hearing impaired child attending the
Minnesota state academy for the deaf or the Minnesota state
academy for the blind shall be determined in the following
manner:
(a) The legal residence of the child shall be the school
district in which the child's parent or guardian resides.
(b) When it is determined pursuant to section 128A.05,
subdivision 1 or 2 that the child is entitled to attend either
school, the state board shall provide the appropriate
educational program for the child. The state board shall make a
tuition charge to the child's district of residence for the cost
of providing the program. The amount of tuition charged shall
not exceed the basic revenue of the district for that child, for
the amount of time the child is in the program. For purposes of
this subdivision, "basic revenue" has the meaning given it in
section 124A.22, subdivision 2. The district of the child's
residence shall pay the tuition and may claim general education
aid for the child. The district of the child's residence shall
not receive aid pursuant to section 124.32, subdivision 5, for
tuition paid pursuant to this subdivision. All Tuition received
by the state board, except for tuition received under clause
(c), shall be deposited in the state treasury as provided in
clause (g).
(c) In addition to the tuition charge allowed in clause
(b), the academies may charge the child's district of residence
for the academy's unreimbursed cost of providing an
instructional aide assigned to that child, if that aide is
required by the child's individual education plan. Tuition
received under this clause must be used by the academies to
provide the required service.
(c) (d) When it is determined that the child can benefit
from public school enrollment but that the child should also
remain in attendance at the applicable school, the school
district where the institution is located shall provide an
appropriate educational program for the child and shall make a
tuition charge to the state board for the actual cost of
providing the program, less any amount of aid received pursuant
to section 124.32. The state board shall pay the tuition and
other program costs including the unreimbursed transportation
costs. Aids for handicapped children shall be paid to the
district providing the special instruction and services.
Special transportation shall be provided by the district
providing the educational program and the state shall reimburse
such district within the limits provided by law.
(d) (e) Notwithstanding the provisions of clauses (b) and
(c) (d), the state board may agree to make a tuition charge for
less than the amount specified in clause (b) for pupils
attending the applicable school who are residents of the
district where the institution is located and who do not board
at the institution, if that district agrees to make a tuition
charge to the state board for less than the amount specified in
clause (c) (d) for providing appropriate educational programs to
pupils attending the applicable school.
(e) (f) Notwithstanding the provisions of clauses (b) and
(c) (d), the state board may agree to supply staff from the
Minnesota state academy for the deaf and the Minnesota state
academy for the blind to participate in the programs provided by
the district where the institutions are located when the
programs are provided to students in attendance at the state
schools.
(g) On May 1 of each year, the state board shall count the
actual number of Minnesota resident elementary students and the
actual number of Minnesota resident secondary students enrolled
and receiving education services at the Minnesota state academy
for the deaf and the Minnesota state academy for the blind. The
state board shall deposit in the state treasury an amount equal
to all tuition received less:
(1) the total number of students on May 1 less 175, times
the ratio of the number of elementary students to the total
number of students on May 1, times the general education formula
allowance; plus
(2) the total number of students on May 1 less 175, times
the ratio of the number of secondary students on May 1 to the
total number of students on May 1, times 1.3, times the general
education formula allowance.
(h) The sum provided by the calculation in clause (g),
subclauses (1) and (2), must be deposited in the state treasury
and credited to the general operation account of the academy for
the deaf and the academy for the blind.
(i) There is annually appropriated to the department of
education for the Faribault academies the tuition amounts
received and credited to the general operation account of the
academies under this section.
Sec. 3. [120.173] [ALTERNATIVE DELIVERY OF SPECIALIZED
INSTRUCTIONAL SERVICES.]
Subdivision 1. [COMMISSIONER APPROVAL.] The commissioner
of education may approve applications from school districts to
provide prevention services as an alternative to special
education and other compensatory programs during three school
years. A district with an approved program may provide
instruction and services in a regular education classroom to
eligible pupils. Pupils eligible to participate in the program
are low-performing pupils who, based on documented experience,
the professional judgment of a classroom teacher, or a team of
licensed professionals, would eventually qualify for special
education instruction or related services under section 120.17
if the intervention services authorized by this section were
unavailable. Pupils may be provided services during extended
school days and throughout the entire year.
Subd. 2. [APPLICATION CONTENTS.] The application must set
forth:
(1) instructional services available to eligible pupils
under section 124.311, subdivision 3, and handicapped pupils
under section 120.03;
(2) criteria to select pupils for the program and the
assessment procedures to determine eligibility;
(3) involvement in the program of parents of pupils in the
program, parent advocates, and community special education
advocates;
(4) accounting procedures to document that federal special
education money is used to supplement or increase the level of
special education instruction and related services provided with
state and local revenue, but in no case to supplant the state
and local revenue, and that districts are expending at least the
amount for special education instruction and related services
required by federal law;
(5) the role of regular and special education teachers in
planning and implementing the program; and
(6) other information requested by the commissioner.
Subd. 3. [EVALUATION.] The application shall also set
forth the review and evaluation procedures to be used by the
district addressing at least the following:
(1) the number of handicapped and nonhandicapped pupils
served;
(2) the impact of the program on the academic progress and
social adjustment of the pupils;
(3) the level of satisfaction teachers, parents, and pupils
have with the program;
(4) the effect of the program on the number of referrals
for special education, federal chapter 1, and other programs;
(5) the amount of time spent by teachers on procedural
activities;
(6) the increased amount of time the pupil is in a regular
education classroom; and
(7) cost implications.
Subd. 4. [REVIEW FOR EXCESS EXPENDITURES.] The
commissioner shall review each application to determine whether
the personnel, equipment, supplies, residential aid, and summer
school are necessary to meet the district's obligation to
provide special instruction and services to handicapped children
according to section 120.17. The commissioner shall not approve
revenue for any expenditures determined to be unnecessary.
Subd. 5. [ANNUAL REPORT.] Each year the district must
submit to the commissioner a report containing the information
described in subdivision 3 and section 124.311, subdivision 7.
Subd. 6. [PUPIL RIGHTS.] A pupil participating in the
program must be individually evaluated according to the pupil's
actual abilities and needs. A pupil who is eligible for
services under section 120.17 is entitled to procedural
protections provided under Public Law Number 94-142 in any
matter that affects the identification, evaluation, placement,
or change in placement of a pupil. The district must ensure the
protection of a pupil's civil rights, provide equal educational
opportunities, and prohibit discrimination. Failure to comply
with this subdivision will at least cause a district to become
ineligible to participate in the program. Notwithstanding rules
of the state board of education, a pupil's rights under this
section cannot be waived by the state board.
Sec. 4. Minnesota Statutes 1990, section 120.181, is
amended to read:
120.181 [TEMPORARY PLACEMENTS FOR CARE AND TREATMENT OF
NONHANDICAPPED PUPILS.]
The responsibility for providing instruction and
transportation for a nonhandicapped pupil who has a short-term
or temporary physical or emotional illness or disability, as
determined by the standards of the state board, and who is
temporarily placed for care and treatment for that illness or
disability, shall be determined in the following manner:
(a) The school district of residence of the pupil shall be
the district in which the pupil's parent or guardian resides or
the district designated by the commissioner of education if
neither parent nor guardian is living within the state.
(b) Prior to the placement of a pupil for care and
treatment, the district of residence shall be notified and
provided an opportunity to participate in the placement
decision. When an immediate emergency placement is necessary
and time does not permit resident district participation in the
placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence,
shall notify the district of residence of the emergency
placement within 15 days of the placement.
(c) When a nonhandicapped pupil is temporarily placed for
care and treatment in a day program and the pupil continues to
live within the district of residence during the care and
treatment, the district of residence shall provide instruction
and necessary transportation for the pupil. The district may
provide the instruction at a school within the district of
residence, at the pupil's residence, or in the case of a
placement outside of the resident district, in the district in
which the day treatment program is located by paying tuition to
that district.
(d) When a nonhandicapped pupil is temporarily placed in a
residential program for care and treatment, the district in
which the pupil is placed shall provide instruction for the
pupil and necessary transportation within that district while
the pupil is receiving instruction, and in the case of a
placement outside of the district of residence, the nonresident
district shall bill the district of residence for the actual
cost of providing the instruction for the regular school year
and for summer school, excluding transportation costs. When a
nonhandicapped pupil is temporarily placed in a residential
program outside the district of residence, the administrator of
the court placing the pupil shall send timely written notice of
the placement to the district of residence.
(e) The district of residence shall receive general
education aid for the pupil and pay tuition and other
instructional costs, excluding transportation costs, to the
district providing the instruction. Transportation costs shall
be paid by the district providing the transportation and the
state shall pay transportation aid to that district. For
purposes of computing state transportation aid, pupils governed
by this subdivision shall be included in the handicapped
transportation category.
Sec. 5. Minnesota Statutes 1990, section 124.273,
subdivision 1b, is amended to read:
Subd. 1b. [TEACHERS SALARIES.] Each year the state shall
pay a school district a portion of the salary, calculated from
the date of hire, of one full-time equivalent teacher for each
45 pupils of limited English proficiency enrolled in the
district. Notwithstanding the foregoing, the state shall pay a
portion of the salary, calculated from the date of hire, of
one-half of a full-time equivalent teacher to a district with 22
or fewer pupils of limited English proficiency enrolled. The
portion for a full-time teacher shall be the lesser of 61 55.2
percent of the salary or $17,000 $15,320. The portion for a
part-time or limited-time teacher shall be the lesser of 61 55.2
percent of the salary or the product of $17,000 $15,320 times
the ratio of the person's actual employment to full-time
employment.
Sec. 6. Minnesota Statutes 1990, section 124.311,
subdivision 4, is amended to read:
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 8. If an assessment of pupils'
needs within a district demonstrates that the eligible pupils in
grades kindergarten through 8 are being appropriately served, a
district may serve eligible pupils in grades 9 through 12.
(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.
Sec. 7. Minnesota Statutes 1990, section 124.32,
subdivision 1b, is amended to read:
Subd. 1b. [TEACHERS SALARIES.] (a) 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 state shall
also pay to the Minnesota state academy for the deaf or the
Minnesota state academy for the blind a part of the salary of
each instructional aide assigned to a child attending the
academy, if that aide is required by the child's individual
education plan.
(b) For the 1991-1992 school year, the portion for a
full-time person shall be an amount not to exceed the lesser of
60 56.4 percent of the salary or $16,727 $15,700. The portion
for a part-time or limited-time person shall be an amount not to
exceed the lesser of 60 56.4 percent of the salary or the
product of $16,727 $15,700 times the ratio of the person's
actual employment to full-time employment.
(c) For the 1992-1993 school year and thereafter, the
portion for a full-time person is an amount not to exceed the
lesser of 55.2 percent of the salary or $15,320. The portion
for a part-time or limited-time person is an amount not to
exceed the lesser of 55.2 percent of the salary or the product
of $15,320 times the ratio of the person's actual employment to
full-time employment.
Sec. 8. Minnesota Statutes 1990, section 124.32,
subdivision 10, is amended to read:
Subd. 10. [SUMMER SCHOOL.] The state shall pay aid for
summer school programs for handicapped children on the basis of
subdivisions 1b, 1d, and 5 for the preceding current school
year. The state shall also pay to the Minnesota state academy
for the deaf or the Minnesota state academy for the blind a part
of the salary of each instructional aide assigned to a child
attending the academy, if that aide is required by the child's
individual education plan. By March 15 of each year, districts
shall submit separate applications for program and budget
approval for summer school programs. The review of these
applications shall be as provided in subdivision 7. By May 1 of
each year, the commissioner shall approve, disapprove or modify
the applications and notify the districts of the action and of
the estimated amount of aid for the summer school programs.
Sec. 9. [124.321] [SPECIAL EDUCATION LEVY EQUALIZATION
REVENUE.]
Subdivision 1. [LEVY EQUALIZATION REVENUE.] Special
education levy equalization revenue for a school district,
excluding an intermediate school district, equals the sum of the
following amounts:
(1) 66 percent of the salaries paid to essential personnel
in that district minus the amount of state aid and any federal
aid, if applicable, paid to that district for salaries of these
essential personnel under section 124.32, subdivisions 1b and
10, for the year to which the levy is attributable, plus
(2) 66 percent of the salaries paid to essential personnel
in that district minus the amount of state aid and any federal
aid, if applicable, paid to that district for salaries of those
essential personnel under section 124.574, subdivision 2b, for
the year to which the levy is attributable, plus
(3) 61 percent of the salaries paid to limited English
proficiency program teachers in that district minus the amount
of state aid and any federal aid, if applicable, paid to that
district for salaries of these teachers under section 124.273,
subdivision 1b, for the year to which the levy is attributable,
plus
(4) the alternative delivery levy revenue determined
according to section 10, subdivision 4, plus
(5) the amount allocated to the district by special
education cooperatives or intermediate districts in which it
participates according to subdivision 2.
A district that receives alternative delivery levy revenue
according to section 10, subdivision 4, shall not receive levy
equalization revenue under clause (1) or subdivision 2, clause
(1), for the same fiscal year.
Subd. 2. [REVENUE ALLOCATION FROM COOPERATIVES AND
INTERMEDIATE DISTRICTS.] (a) For purposes of this section, a
special education cooperative or an intermediate district shall
allocate to participating school districts the sum of the
following amounts:
(1) 66 percent of the salaries paid to essential personnel
in that cooperative or intermediate district minus the amount of
state aid and any federal aid, if applicable, paid to that
cooperative or intermediate district for salaries of these
essential personnel under section 124.32, subdivisions 1b and
10, for the year to which the levy is attributable, plus
(2) 66 percent of the salaries paid to essential personnel
in that district minus the amount of state aid and any federal
aid, if applicable, paid to that district for salaries of those
essential personnel under section 124.574, subdivision 2b, for
the year to which the levy is attributable, plus
(3) 61 percent of the salaries paid to limited English
proficiency program teachers in that cooperative or intermediate
district minus the amount of state aid and any federal aid, if
applicable, paid to that cooperative or intermediate district
for salaries of these teachers under section 124.273,
subdivision 1b, for the year to which the levy is attributable.
(b) A special education cooperative or an intermediate
district that allocates amounts to participating school
districts under this subdivision must report the amounts
allocated to the department of education.
(c) For purposes of this subdivision, the Minnesota state
academy for the deaf or the Minnesota state academy for the
blind each year shall allocate an amount equal to 66 percent of
salaries paid to instructional aides in either academy minus the
amount of state aid and any federal aid, if applicable, paid to
either academy for salaries of these instructional aides under
sections 124.32, subdivisions 1b and 10, for the year to each
school district that assigns a child with an individual
education plan requiring an instructional aide to attend either
academy. The school districts that assign a child who requires
an instructional aide may make a levy in the amount of the costs
allocated to them by either academy.
(d) When the Minnesota state academy for the deaf or the
Minnesota state academy for the blind allocates unreimbursed
portions of salaries of instructional aides among school
districts that assign a child who requires an instructional
aide, for purposes of the districts making a levy under this
subdivision, the academy shall provide information to the
department of education on the amount of unreimbursed costs of
salaries it allocated to the school districts that assign a
child who requires an instructional aide.
Subd. 3. [SPECIAL EDUCATION LEVY.] To receive special
education levy revenue, a district may levy an amount equal to
the district's special education levy equalization revenue as
defined in subdivision 1 multiplied by the lesser of one, or the
ratio of:
(1) the quotient derived by dividing the adjusted net 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) $3,540.
Subd. 4. [SPECIAL EDUCATION LEVY EQUALIZATION AID.] A
district's special education levy equalization aid is the
difference between its special education levy equalization
revenue and its special education levy. If a district does not
levy the entire amount permitted, special education levy
equalization aid must be reduced in proportion to the actual
amount levied.
Subd. 5. [PRORATION.] In the event that the special
education levy equalization aid 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. 10. [124.322] [ALTERNATIVE DELIVERY REVENUE.]
Subdivision 1. [ELIGIBILITY.] A district is eligible for
alternative delivery revenue if the commissioner of education
has approved the application of the district according to
section 3.
Subd. 2. [AMOUNT OF ALTERNATIVE DELIVERY REVENUE.] For the
first fiscal year after approval of an application, a district
shall receive the sum of the revenue it received for the
preceding fiscal year for its special education program under
sections 124.32, subdivisions 1b, 2, 5, and 10, and Minnesota
Statutes 1990, section 275.125, subdivision 8c, or section 9,
subdivisions 1 and 2, as applicable, multiplied by 1.03. For
each of the next two fiscal years, the district shall receive
the amount it received for the previous fiscal year multiplied
by 1.03.
Subd. 3. [ALTERNATIVE DELIVERY AID.] For the first fiscal
year after approval of an application, a district shall receive
the sum of the aid it received for the preceding fiscal year
under section 124.32, subdivisions 1b, 2, 5, and 10, multiplied
by 1.03. The aid for the first year of revenue shall not be
prorated. For each of the next two fiscal years, the district
shall receive the amount of aid it received for the previous
fiscal year multiplied by 1.03. A district that receives aid
under this subdivision shall not receive aid under section
124.32, subdivisions 1b, 2, 5, and 10, for the same fiscal year.
Subd. 4. [ALTERNATIVE DELIVERY LEVY REVENUE.] A district
shall receive alternative delivery levy revenue equal to the
difference between the alternative delivery revenue and the
alternative delivery aid. If the alternative delivery aid for a
district is prorated for the second or third fiscal years, the
alternative delivery levy revenue shall be increased by the
amount not paid by the state due to proration. For fiscal year
1993 and thereafter, the alternative delivery levy revenue shall
be included under section 9, subdivision 1, for purposes of
computing the special education levy under section 9,
subdivision 3, and the special education levy equalization aid
under section 9, subdivision 4.
Subd. 5. [USE OF REVENUE.] Revenue under this section
shall be used to implement the approved program.
Sec. 11. Minnesota Statutes 1990, section 124.332,
subdivision 1, is amended to read:
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 the April
15, 1990 preceding the year for which the district will receive
aid.
Sec. 12. Minnesota Statutes 1990, section 124.332,
subdivision 2, is amended to read:
Subd. 2. [AID AMOUNT.] An eligible district shall receive
individualized learning and development aid in an amount equal
to $62.25 $64 for 1991-1992 and $66 for 1992-1993 and thereafter
times the district's average daily membership in
kindergarten and grade 1 to grade 2 for the 1991-1992 school
year, and in kindergarten to grade 3 for the 1992-1993 school
year and thereafter. 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 1 the grades for which the district is
receiving aid. 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.
Sec. 13. Minnesota Statutes 1990, section 124.573,
subdivision 2b, is amended to read:
Subd. 2b. [SECONDARY VOCATIONAL AID.] For 1989-1990 and
later school years, A district's or cooperative center's
"secondary vocational aid" for secondary vocational education
programs for a school fiscal 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 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 that program; and
(b) 30 40 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. 14. Minnesota Statutes 1990, section 124.573,
subdivision 3a, is amended to read:
Subd. 3a. [AID FOR CONTRACTED SERVICES.] In addition to
the provisions of subdivisions 2 and 3, a school district or
cooperative center may contract with a public or private agency
other than a Minnesota school district or cooperative center for
the provision of secondary vocational education services. For
the 1986-1987 school year, the state shall pay each district or
cooperative center 40 percent of the amount of a contract
entered into pursuant to this subdivision. For the 1987-1988
school year, the state shall pay each district or cooperative
center 35 percent of the amount of a contract entered into under
this subdivision. The state board shall promulgate rules
relating to program 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
4, the district or cooperative center contracting for these
services shall be construed to be providing the services.
Sec. 15. Minnesota Statutes 1990, 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 fiscal
year for services rendered in that district or center's
secondary vocational education programs for handicapped children.
(a) For fiscal year 1992, the portion for a full-time
person shall be an amount not to exceed the lesser of 60 56.4
percent of the salary or $16,727 $15,700. The portion for a
part-time or limited-time person shall be the lesser of 60 56.4
percent of the salary or the product of $16,727 $15,700 times
the ratio of the person's actual employment to full-time
employment.
(b) For fiscal year 1993 and thereafter, the portion for a
full-time person is an amount not to exceed the lesser of 55.2
percent of the salary or $15,320. The portion for a part-time
or limited-time person is the lesser of 55.2 percent of the
salary or the product of $15,320 times the ratio of the person's
actual employment to full-time employment.
Sec. 16. Minnesota Statutes 1990, section 124.86, is
amended to read:
124.86 [STATE REVENUE FOR AMERICAN INDIAN TRIBAL CONTRACT
OR GRANT SCHOOLS.]
Subdivision 1. [AUTHORIZATION.] Each year each American
Indian-controlled tribal contract or grant 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 or grant 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 this
chapter and chapters 120, 121, 122, 123, 124A, 124C, 125, 126,
129, and 268A.
(b) The school must comply with all other state statutes
governing independent school districts.
(c) The state tribal contract or grant 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.] An American Indian-controlled
tribal contract or grant 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 or grant
school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under section
124A.22, subdivision 2, times the difference between (a) the
actual pupil units as defined in section 124A.02, subdivision
15, in attendance during the fall count week in average daily
membership and (b) the number of pupils for the current school
year, weighted according to section 124.17, subdivision 1,
receiving benefits under section 123.933 or 123.935 or for which
the school is receiving reimbursement under section 126.23;
(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, paragraph (b), for the base rate as applied to
kindergarten through twelfth grade, excluding small school
adjustments and additional weighting, 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 in average daily membership; and
(4) multiplying the actual pupil units in average daily
membership by the lesser of $1,500 or the result in clause (3).
Subd. 3. [LAW WAIVER.] Notwithstanding subdivision 1,
paragraphs (a) and (b), a tribal contract or grant 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 tribal contract or
grant school not be subject to specified statutes related to
independent school districts.
Subd. 4. [EARLY CHILDHOOD FAMILY EDUCATION REVENUE.] A
school receiving aid under this section is eligible to receive
early childhood family education revenue to provide early
childhood family education programs for parents and children who
are enrolled or eligible for enrollment in a federally
recognized tribe. The revenue equals 1.5 times the statewide
average expenditure per participant under section 124.2711,
times the number of children and parents participating full time
in the program. The program shall comply with section 121.882,
except that the school is not required to provide a community
education program or establish a community education advisory
council. The program shall be designed to improve the skills of
parents and promote American Indian history, language, and
culture. The school shall make affirmative efforts to encourage
participation by fathers. Admission may not be limited to those
enrolled in or eligible for enrollment in a federally recognized
tribe.
Sec. 17. [125.62] [GRANTS TO PREPARE INDIAN TEACHERS.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established 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 Duluth campus of the University of Minnesota and
independent school district No. 709, Duluth;
(2) Bemidji state university and independent school
district No. 38, Red Lake;
(3) Moorhead state university and one of the school
districts located within the White Earth reservation; and
(4) Augsburg college and special school district No. 1,
Minneapolis.
Subd. 2. [APPLICATION.] To obtain a joint grant, a joint
application shall be submitted to the state board of education.
The application must be developed with the participation of the
parent advisory committee, established according to section
126.51, and the Indian advisory committee at the post-secondary
institution. The joint application shall set forth:
(1) the in-kind, coordination, and mentorship services to
be provided by the post-secondary institution; and
(2) the coordination and mentorship services to be provided
by the school district.
Subd. 3. [REVIEW AND COMMENT.] The state board shall
submit the joint application to the Minnesota Indian scholarship
committee for review and comment.
Subd. 4. [GRANT AMOUNT.] The state board may award a joint
grant in the amount it determines to be appropriate. The grant
shall include money for the post-secondary institution, school
district, student scholarships, and student loans.
Subd. 5. [INFORMATION TO STUDENT APPLICANTS.] At the time
a student applies for a scholarship and loan, the student shall
be provided information about the fields of licensure needed by
school districts in the part of the state within which the
district receiving the joint grant is located. The information
shall be acquired and periodically updated by the recipients of
the joint grant. Information provided to students shall clearly
state that scholarship and loan decisions are not based upon the
field of licensure selected by the student.
Subd. 6. [ELIGIBILITY FOR SCHOLARSHIPS AND LOANS.] The
following Indian people are eligible for scholarships:
(1) a student, including a teacher aide employed by a
district receiving a joint grant, who intends to become a
teacher and who is enrolled in a post-secondary institution
receiving a joint grant;
(2) a licensed employee of a district receiving a joint
grant, who is enrolled in a master of education program; and
(3) a student who, after applying for federal and state
financial aid and an Indian scholarship according to section
124.48, has financial needs that remain unmet. Financial need
shall be determined according to the uniform methodology for
needs determination.
A person who has actual living expenses in addition to
those addressed by the uniform methodology for needs
determination may receive a loan according to criteria
established by the state board. A contract shall be executed
between the state and the student for the amount and terms of
the loan.
Subd. 7. [LOAN FORGIVENESS.] The loan may be forgiven if
the recipient is employed as a teacher, as defined in section
125.12 or 125.17, in an eligible school or program in
Minnesota. One-fifth of the principal of the outstanding loan
amount shall be forgiven for each year of eligible employment,
or a pro rata amount for eligible employment during part of a
school year, part-time employment as a substitute teacher, or
other eligible part-time teaching. The following schools and
programs are eligible for the purposes of loan forgiveness:
(1) a school or program operated by a school district;
(2) a tribal contract school eligible to receive aid
according to section 124.86;
(3) a head start program;
(4) an early childhood family education program; or
(5) a program providing educational services to children
who have not entered kindergarten.
If a person has an outstanding loan obtained through this
program, the duty to make payments of principal and interest may
be deferred during any time period the person is enrolled at
least one-half time in an advanced degree program in a field
that leads to employment by a school district. To defer loan
obligations, the person shall provide written notification to
the state board of education and the recipients of the joint
grant that originally authorized the loan. Upon approval by the
state board and the joint grant recipients, payments shall be
deferred.
The loan forgiveness program, loan deferral, and procedures
to administer the program shall be approved by the higher
education coordinating board.
Subd. 8. [REVOLVING FUND.] The Indian teacher preparation
loan repayment revolving account is established in the state
treasury. Any amounts repaid or contributed by a teacher who
received a scholarship or loan under this program shall be
deposited in the account. All money in the account is annually
appropriated to the state board of education and shall be used
to enable Indian students to participate in the program.
Sec. 18. Minnesota Statutes 1990, section 126.51,
subdivision 1a, is amended to read:
Subd. 1a. [RESOLUTION OF CONCURRENCE.] Each year by
September 15 and June 15 of each school year December 1, the
school board or American Indian school shall submit to the
department of education a copy of a resolution adopted by the
parent committee. The copy must be signed by the chair of the
committee and must state whether the committee concurs with the
educational programs for American Indian children offered by the
school board or American Indian school. If the committee does
not concur with the educational programs, the reasons for
nonconcurrence and recommendations shall be submitted with the
resolution. By resolution, the school board shall respond, in
cases of nonconcurrence, to each recommendation made by the
committee and state its reasons for not implementing the
recommendations.
Sec. 19. [127.281] [EXCLUSION AND EXPULSION OF HANDICAPPED
PUPILS.]
When a pupil who has an individual education plan is
excluded or expelled under sections 127.26 to 127.39 for
misbehavior that is not a manifestation of the pupil's
handicapping condition, the district shall provide special
education and related services after a period of suspension, if
suspension is imposed. The district shall initiate a review of
the pupil's individual education plan within ten days of the
commencement of an expulsion, exclusion, or a suspension of ten
days or more.
Sec. 20. [128B.011] [PINE POINT SCHOOL GOVERNANCE AND
STANDARDS.]
Subdivision 1. [GOVERNANCE.] The care, management, and
control of Pine Point school is vested in the White Earth
reservation tribal council. The council has the same powers and
duties as a school board under chapters 120 to 129 and other
provisions applicable to school boards. The tribal council may
delegate powers and duties for the operation of the school to
the Indian education committee. The committee may exercise
powers and duties delegated to it.
Subd. 2. [STANDARDS.] The school is a public school
providing instruction for pupils in kindergarten through the 8th
grade. Instruction shall meet the same standards for
instruction as are required for other public schools.
Subd. 3. [COOPERATION WITH SCHOOL DISTRICTS.] If the
council determines it cannot adequately provide certain
services, the council shall purchase or share services with one
or more school districts or other provider for instruction,
administration, or other requirements of operating the school,
including curriculum, teachers, support services, supervision,
administration, financial accounting and reporting, and other
instructional and noninstructional programs. The council is
encouraged to cooperate with school districts to increase and
improve instructional and support services available to the
pupils in the school.
Sec. 21. Minnesota Statutes 1990, section 128B.03, is
amended by adding a subdivision to read:
Subd. 3a. [STATE REVENUES.] The state shall pay to the
council for the support of the school all aids, revenues, and
grants available to a school district as though the school were
a school district. The aids, revenues, and grants include, but
are not limited to, the following:
(1) general education revenue, as defined in section
124A.22, subdivision 1, including at least compensatory revenue;
(2) transportation revenue;
(3) capital expenditure facilities revenue;
(4) capital expenditure equipment revenue;
(5) special education revenue;
(6) limited English proficiency aid;
(7) career teacher aid;
(8) assurance of mastery revenue;
(9) school lunch revenue;
(10) school milk revenue;
(11) health and safety revenue;
(12) Indian language and culture grants;
(13) arts planning grants; and
(14) all other aids, revenues, or grants available to a
school district.
If there are eligibility requirements for an aid, revenue,
or grant, the requirements shall be met in order to obtain the
aid, revenue, or grant, except that a requirement to levy shall
be waived. To compute the amount of aid, revenue, or grant
requiring a levy, the amount of the levy shall be zero.
If a school district obtains revenue from the proceeds of a
levy, the council shall be deemed to have levied and the state
shall pay aid equal to the amount that would have been levied.
The amount shall be approved by the commissioner of education.
The proceeds of any aid, grant, or revenue shall be used
only as provided in the applicable statute.
Sec. 22. Minnesota Statutes 1990, section 128B.03,
subdivision 4, is amended to read:
Subd. 4. [DISTRICT 309 FEDERAL AID.] (a) The school board
of independent school district No. 309 must transfer to the
council, to the extent permissible, any federal aids or grants
which the school district is eligible for or entitled to because
of:
(1) the population in the experimental school attendance
area;
(2) the pupils actually attending the experimental school;
(3) the program of the experimental school;
(4) the boundaries of the attendance area of the
experimental school; or
(5) a related reason.
(b) For the sole purpose of receiving federal impact aid,
the experimental school on the land comprising the former
independent school district No. 25 is a local education agency,
according to Code of Federal Regulations, title 34, section
222.80. The school and the land must not be included, for the
purpose of determining federal impact aid, in independent school
district No. 309.
Sec. 23. Minnesota Statutes 1990, section 128B.03,
subdivision 5, is amended to read:
Subd. 5. [AUDITS; STATE AUDITOR LAW.] The council must
have an audit done annually of the accounts of the experimental
school. The audit must be finished within one year after the
year for which the audit is made. The council is subject to
chapter 6, relating to the state auditor.
Sec. 24. Minnesota Statutes 1990, section 128B.03,
subdivision 7, is amended to read:
Subd. 7. [INSURANCE.] The council may buy the insurance
specified in sections 123.35, subdivision 13, and 123.41. The
council must buy insurance to the extent required by chapter 466
and is not liable beyond the extent provided by section 466.12,
subdivision 3a chapter 466. The term "average number of pupils"
in section 466.12, subdivision 3a, means, for this subdivision,
the average number of pupils attending the experimental school.
Sec. 25. Minnesota Statutes 1990, section 128B.04, is
amended to read:
128B.04 [ALL PUPILS IN AREA ARE RESIDENT PUPILS.]
For chapter 120, A pupil in kindergarten through 8th grade
who resides within former independent school district No. 25 is
a resident pupil of the experimental school attendance area, as
if the area were a school district for the purposes of chapter
120. Pupils enrolled in the school may not be counted by
independent school district No. 309 for the purposes of
receiving revenue according to chapters 120 to 129.
Sec. 26. Minnesota Statutes 1990, section 128B.05,
subdivision 2, is amended to read:
Subd. 2. [COUNCIL TEACHERS ARE UNIT.] Teachers employed by
the council are employees of the experimental school council and
are an "appropriate unit" or a "unit" under chapter 179A,
notwithstanding section 179A.03, subdivision 2.
Sec. 27. Minnesota Statutes 1990, section 128B.05,
subdivision 3, is amended to read:
Subd. 3. [DISTRICT 309 TEACHERS.] Teachers employed by the
school board of independent school district No. 309 who are
assigned by the board to the experimental school remain
employees of the board.
Sec. 28. Minnesota Statutes 1990, section 128B.06,
subdivision 1, is amended to read:
Subdivision 1. [EDUCATION CODE.] The management of the
experimental school by the council is governed by the education
code and other law affecting public school districts.
Sec. 29. Minnesota Statutes 1990, section 128B.08, is
amended to read:
128B.08 [REPORTS TO LEGISLATURE.]
Before December 1 of each year the council must submit a
report to the legislature on the experimental school established
by this chapter. The report must document the success or
failure of the experimental school.
Sec. 30. Minnesota Statutes 1990, section 128B.09, is
amended to read:
128B.09 [END OF EXPERIMENT; TRANSFER BACK TO DISTRICT 309.]
At any time before July 1, 1991, the experimental status of
The school may be ended on closed by unanimous vote of the
officers of the tribal council and 30 days' notice to the school
board of independent school district No. 309 effective June 30
of any year. Then The school board of independent school
district No. 309 must resume management of the entire
district shall assume responsibility for the pupils in the
school on the next July 1.
Sec. 31. Minnesota Statutes 1990, section 128B.10,
subdivision 1, is amended to read:
Subdivision 1. [EXTENSION.] This chapter is repealed July
1, 1991 1993.
Sec. 32. Minnesota Statutes 1990, section 128B.10,
subdivision 2, is amended to read:
Subd. 2. [STATE AUDIT.] The state auditor shall conduct an
audit of the school's finances for each even-numbered fiscal
years 1989 and 1990 year without charge to the school. A
preliminary or, if completed, a final The report for fiscal year
1989 of each audit shall be submitted by February 15, 1990, to
the White Earth reservation tribal council, the Pine Point
Indian education committee, and the commissioner of education
committees of the legislature, and the legislative reference
library.
Sec. 33. [CAPITAL EXPENDITURE REVENUE TRANSFER.]
Independent school district No. 309, Park Rapids, shall pay
to the White Earth reservation tribal council capital
expenditure facilities revenue and capital expenditure equipment
revenue that the school district received as a result of
including the pupils enrolled in Pine Point school in the school
district's pupil count for those revenues. By June 30, 1991,
Park Rapids shall pay the amount attributable to fiscal years
1988, 1989, 1990, and 1991. The amounts attributable to fiscal
years before 1988 shall be paid according to a schedule agreed
upon by the tribal council and the school board. The amounts to
be paid shall reflect total revenue and not state aid.
Upon request of the tribal council or the school district,
the amounts to be paid shall be approved by the state board of
education.
Sec. 34. [STATE AUDITOR'S BILLING FOR PINE POINT SCHOOL.]
The state auditor may not bill the White Earth tribal
council or the Pine Point Indian education committee for the
costs or expenses of audits conducted of the school's finances
for fiscal years 1989 and 1990. Any bills for the audits shall
not be paid by the tribal council or the Indian education
committee.
Sec. 35. [ESTABLISHMENT OF REVOLVING FUND AND
APPLICABILITY OF LOAN REPAYMENTS.]
All loan repayments made by a person according to Laws
1989, chapter 329, article 3, section 22, shall be deposited in
the Indian teacher preparation loan repayment revolving fund by
the commissioner of finance.
Sec. 36. [1992 SPECIAL EDUCATION LEVY ADJUSTMENT.]
A district's maximum special education levy for fiscal year
1992 equals the district's special education levy revenue for
fiscal year 1992 according to the provisions in this article for
special education levy equalization revenue. A district may
levy for taxes payable in 1992 an amount equal to the difference
between its maximum special education levy for fiscal year 1992
and the amount it levied for taxes payable in 1991 under
Minnesota Statutes 1990, section 275.125, subdivision 8c.
Notwithstanding Minnesota Statutes, section 121.904, the entire
amount of this levy shall be recognized as revenue for fiscal
year 1992.
Sec. 37. [INDIVIDUALIZED LEARNING AND DEVELOPMENT AID.]
Notwithstanding Minnesota Statutes, section 124.332,
subdivision 1, a district may submit its instructor learner
ratio to the commissioner for the 1991-1992 school year by
August 1, 1991.
Sec. 38. [INSTRUCTION TO THE REVISOR.]
In the next edition of Minnesota Statutes, the revisor of
statutes shall delete each term in column A and insert the term
in column B wherever the terms in column A appear within the
education code.
Column A Column B
Handicapped children Children with a disability
Handicapping conditions Disabling conditions
Handicapped pupil Pupil with a disability
Nonhandicapped pupil Pupil without a disability
Nonhandicapped children Children without a disability
Handicapped student Pupil with a disability
Handicapped child Child with a disability
Children with handicaps Children with disabilities
Handicapped youth Youth with a disability
Handicapped individuals Individuals with a disability
Sec. 39. [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 according to Minnesota Statutes, section 124.32:
$167,105,000 ..... 1992
$167,238,000 ..... 1993
The 1992 appropriation includes $24,996,000 for 1991 and
$142,109,000 for 1992.
The 1993 appropriation includes $25,078,000 for 1992 and
$142,160,000 for 1993.
Subd. 3. [SPECIAL PUPIL AID.] For special education aid
according to 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:
$395,000 ..... 1992
$436,000 ..... 1993
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 program aid according to Minnesota Statutes,
section 124.32, subdivision 10:
$4,885,000 ..... 1992
$4,865,000 ..... 1993
The 1992 appropriation is for 1991 summer programs.
The 1993 appropriation is for 1992 summer 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:
$66,000 ..... 1992
$71,000 ..... 1993
The 1992 appropriation includes $7,000 for 1991 and $59,000
for 1992.
The 1993 appropriation includes $10,000 for 1992 and
$61,000 for 1993.
Subd. 6. [RESIDENTIAL FACILITIES AID.] For residential
facilities aid under aid according to Minnesota Statutes,
section 124.32, subdivision 5:
$2,315,000 ..... 1992
$2,535,000 ..... 1993
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:
$3,853,000 ..... 1992
$3,994,000 ..... 1993
The 1992 appropriation includes $512,000 for 1991 and
$3,341,000 for 1992.
The 1993 appropriation includes $589,000 for 1992 and
$3,405,000 for 1993.
Subd. 8. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For American Indian post-secondary preparation grants
according to Minnesota Statutes, section 124.481:
$857,000 ..... 1992
$857,000 ..... 1993
Any balance in the first year does not cancel but is
available in the second year.
Subd. 9. [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:
$591,000 ..... 1992
$590,000 ..... 1993
The 1992 appropriation includes $89,000 for 1991 and
$502,000 for 1992.
The 1993 appropriation includes $88,000 for 1992 and
$502,000 for 1993.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 10. [SECONDARY VOCATIONAL; PUPILS WITH
DISABILITIES.] For aid for secondary vocational education for
pupils with disabilities according to Minnesota Statutes,
section 124.574:
$4,691,000 ..... 1992
$4,652,000 ..... 1993
The 1992 appropriation includes $729,000 for 1991 and
$3,962,000 for 1992.
The 1993 appropriation includes $699,000 for 1992 and
$3,953,000 for 1993.
Subd. 11. [ASSURANCE OF MASTERY.] For assurance of mastery
aid according to Minnesota Statutes, section 124.311:
$12,410,000 ..... 1992
$12,784,000 ..... 1993
The 1992 appropriation includes $1,751,000 for 1991 and
$10,659,000 for 1992.
The 1993 appropriation includes $1,881,000 for 1992 and
$10,903,000 for 1993.
Subd. 12. [INDIVIDUALIZED LEARNING AND DEVELOPMENT AID.]
For individualized learning and development aid according to
Minnesota Statutes, section 124.331:
$11,325,000 ..... 1992
$15,892,000 ..... 1993
The 1992 appropriation includes $1,068,000 for 1991 and
$10,257,000 for 1992.
The 1993 appropriation includes $1,810,000 for 1992 and
$14,082,000 for 1993.
Subd. 13. [SPECIAL PROGRAMS EQUALIZATION AID.] For special
education levy equalization aid according to section 9:
$9,215,000 ..... 1993
This appropriation is based on a formula entitlement of
$10,841,000.
Subd. 14. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships according to Minnesota Statutes, section
124.48:
$1,600,000 ..... 1992
$1,600,000 ..... 1993
Any unexpended balance remaining in the first year does not
cancel but is available in the second year.
Subd. 15. [AMERICAN INDIAN EDUCATION.] For certain
American Indian education programs in school districts:
$175,000 ..... 1992
$175,000 ..... 1993
The 1992 appropriation includes $26,000 for 1991 and
$149,000 for 1992.
The 1992 appropriation includes $26,000 for 1992 and
$149,000 for 1993.
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 or school under this subdivision unless
that school district or school is in compliance with all
applicable laws of this state.
Up to the following amounts may be distributed to the
following schools and school districts for each fiscal year:
$54,800 to 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 or school can receive money under this
subdivision, the district or school must submit to the
commissioner of education evidence that it has complied with the
uniform financial accounting and reporting standards act,
Minnesota Statutes, sections 121.90 to 121.917.
Subd. 16. [INDIAN TEACHER PREPARATION GRANTS.] For joint
grants to assist Indian people to become teachers:
$190,000 ..... 1992
$190,000 ..... 1993
Up to $70,000 each year is for a joint grant to the
University of Minnesota at Duluth and the Duluth school district.
Up to $40,000 each year is for a joint grant to each of the
following:
(1) Bemidji state university and the Red Lake school
district;
(2) Moorhead state university and a school district located
within the White Earth reservation; and
(3) Augsburg college and the Minneapolis school district.
Money not used for students at one location may be
transferred for use at another location.
Any unexpended balance remaining the first year does not
cancel but is available in the second year.
Subd. 17. [TRIBAL CONTRACT SCHOOLS.]
For tribal contract school aid according to Minnesota
Statutes, section 124.86:
$600,000 ..... 1992
$600,000 ..... 1993
Subd. 18. [EARLY CHILDHOOD PROGRAMS AT TRIBAL
SCHOOLS.] For early childhood family education programs at
tribal contract schools:
$68,000 ..... 1992
$68,000 ..... 1993
Subd. 19. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid according to Minnesota
Statutes, section 124.573:
$11,452,000 ..... 1992
$11,977,000 ..... 1993
The 1992 appropriation includes $1,758,000 for 1991 and
$9,694,000 for 1992.
The 1993 appropriation includes $1,710,000 for 1992 and
$10,267,000 for 1993.
Subd. 20. [COMMUNITY LIVING PROGRAMS FOR YOUTHS WITH
DISABILITIES.] For grants throughout the state to develop
programs to provide education-to-community living services for
youths with disabilities:
$500,000 ..... 1992
The appropriation shall be available until June 30, 1993.
Sec. 40. [REPEALER.]
Minnesota Statutes 1990, sections 128B.01; 128B.03,
subdivisions 3 and 8; 128B.07; and 275.125, subdivision 8c, are
repealed.
Sec. 41. [EFFECTIVE DATE.]
Section 9 is effective for revenue for fiscal year 1993 and
thereafter. Section 17, subdivision 8, is effective the day
following final enactment.
ARTICLE 4
COMMUNITY SERVICES
Section 1. Minnesota Statutes 1990, section 121.88,
subdivision 9, is amended to read:
Subd. 9. [YOUTH SERVICE PROGRAMS.] A school board may
offer, as part of a community education program with a youth
development program, a youth service program for pupils to
promote active citizenship and 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 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; and
(5) integration of youth community service with elementary
and secondary curriculum.
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. 2. Minnesota Statutes 1990, 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. Districts with
programs in operation before July 1, 1990, must adopt standards
before October 1, 1991. All other districts must adopt
standards within one year after the district first offers
services under a program authorized by this subdivision. The
state board of education may not adopt rules for extended day
programs.
Sec. 3. Minnesota Statutes 1990, 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;
(7) information on related community resources; or
(8) other programs or activities to improve the health,
development, and learning readiness of children.
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 1990, section 121.882,
subdivision 6, is amended to read:
Subd. 6. [COORDINATION.] A district is encouraged to
coordinate the program with its special education and vocational
education programs and with related services provided by other
governmental agencies and nonprofit agencies.
A district is encouraged to coordinate adult basic
education programs provided to parents and early childhood
family education programs provided to children to accomplish the
goals of section 124C.61.
Sec. 5. Minnesota Statutes 1990, section 121.882, is
amended by adding a subdivision to read:
Subd. 7a. [ALTERNATIVE COUNCIL.] A school board may direct
the community education council, required according to section
121.88, subdivision 2, to perform the functions of the advisory
council for early childhood family education.
Sec. 6. Minnesota Statutes 1990, section 123.702, is
amended to read:
123.702 [SCHOOL BOARD RESPONSIBILITIES.]
Subdivision 1. Every school board shall provide for a
voluntary mandatory program of early childhood health and
developmental screening for children once before entering
kindergarten who are four years old and older but who have not
entered kindergarten or first grade in a public school. This
screening program shall be established either by one board, by
two or more boards acting in cooperation, by educational
cooperative service units, by early childhood family education
programs, or by other existing programs. No school board may
make This screening examination is a mandatory prerequisite to
enroll enrolling a student in kindergarten or first grade in a
public school. A child need not submit to developmental
screening provided by a school board if the child's health
records indicate to the school board that the child has received
comparable developmental screening from a public or private
health care organization or individual health care provider.
The school districts are encouraged to reduce the costs of
preschool health developmental screening programs by utilizing
volunteers in implementing the program.
Subd. 1a. A child must not be enrolled in this state in a
public school until the parent or guardian of the child submits
to the school principal or other person having general control
and supervision of the school a record indicating the months and
year the child received developmental screening and the results
of the screening. If a child is transferred from one
kindergarten to another or from one first grade to another, the
parent or guardian of the child must be allowed 30 days to
submit the child's record, during which time the child may
attend school.
Subd. 1a 1b. A screening program shall include at least
the following components to the extent the school board
determines they are financially feasible: developmental
assessments, hearing and vision screening or referral, review of
health history and immunization status review and referral, and
assessments of height and weight review of any special family
circumstances that might affect development, identification of
additional risk factors that may influence learning, an
interview with the parent about the child, and referral for
assessment, diagnosis, and treatment when potential needs are
identified. All screening components shall be consistent with
the standards of the state commissioner of health for early and
periodic developmental screening programs. No child shall be
required to submit to any component of this screening program to
be eligible for any other component. No developmental screening
program shall provide laboratory tests, a health history or a
physical examination to any child who has been provided with
those laboratory tests or a health history or physical
examination within the previous 12 months. The school district
shall request from the public or private health care
organization or the individual health care provider the results
of any laboratory test, health history or physical examination
within the 12 months preceding a child's scheduled
screening clinic. If a child is without health coverage, the
school district shall refer the child to an appropriate health
care provider. A school board may offer additional components
such as nutritional, physical and dental assessments, blood
pressure, and laboratory tests. State aid shall not be paid for
additional components.
Subd. 2. If any child's screening indicates a condition
which requires diagnosis or treatment, the child's parents shall
be notified of the condition and the school board shall ensure
that an appropriate follow-up and referral process is available,
in accordance with procedures established pursuant to section
123.703, subdivision 1.
Subd. 3. The school board shall actively encourage
participation inform each resident family with a child eligible
to participate in the developmental screening program about the
availability of the program and the state's requirement that a
child receive developmental screening before enrolling in
kindergarten or first grade in a public school.
Subd. 4. Every A school board shall may contract with or
purchase service from an approved early and periodic
developmental screening program in the area wherever
possible. Developmental screening must be conducted by an
individual who is licensed as, or has the training equal to, 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. 4a. The school district shall provide the parent or
guardian of the child screened with a record indicating the
month and year the child received developmental screening and
the results of the screening. The district shall keep a
duplicate copy of the record of each child screened.
Subd. 5. Every school board shall integrate and utilize
volunteer screening programs in implementing sections 123.702 to
123.704 123.705 wherever possible.
Subd. 6. A school board may contract with health care
providers to operate the screening programs and shall consult
with local societies of health care providers.
Subd. 7. In selecting personnel to implement the screening
program, the school district shall give priority first to
qualified volunteers and second to other persons possessing the
minimum qualifications required by the rules adopted by the
state board of education and the commissioner of health.
Sec. 7. [123.7045] [DEVELOPMENTAL SCREENING AID.]
Each school year, the state shall pay a school district $25
for each child screened according to the requirements of section
123.702.
Sec. 8. Minnesota Statutes 1990, section 124.26,
subdivision 1c, is amended to read:
Subd. 1c. [PROGRAM APPROVAL.] To receive aid under this
section, a district must 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 different levels of 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 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.
Adult basic education programs may be approved under this
subdivision for up to two years. Two-year program approval
shall be granted to an applicant who has demonstrated the
capacity to:
(1) offer comprehensive learning opportunities and support
service choices appropriate for and accessible to adults at all
basic skill need levels;
(2) provide a participatory and experimental learning
approach based on the strengths, interests, and needs of each
adult, that enables adults with basic skill needs to:
(i) identify, plan for, and evaluate their own progress
toward achieving their defined educational and occupational
goals;
(ii) master the basic academic reading, writing, and
computational skills, as well as the problem-solving, decision
making, interpersonal effectiveness, and other life and learning
skills they need to function effectively in a changing society;
(iii) locate and be able to use the health, governmental,
and social services and resources they need to improve their own
and their families' lives; and
(iv) continue their education, if they desire, to at least
the level of secondary school completion, with the ability to
secure and benefit from continuing education that will enable
them to become more employable, productive, and responsible
citizens;
(3) plan, coordinate, and develop cooperative agreements
with community resources to address the needs that the adults
have for support services, such as transportation, flexible
course scheduling, convenient class locations, and child care;
(4) collaborate with business, industry, labor unions, and
employment-training agencies, as well as with family and
occupational education providers, to arrange for resources and
services through which adults can attain economic
self-sufficiency;
(5) provide sensitive and well trained adult education
personnel who participate in local, regional, and statewide
adult basic education staff development events to master
effective adult learning and teaching techniques;
(6) participate in regional adult basic education peer
program reviews and evaluations; and
(7) submit accurate and timely performance and fiscal
reports.
Sec. 9. Minnesota Statutes 1990, section 124.26,
subdivision 2, is amended to read:
Subd. 2. Each district or group of districts providing
adult basic and continuing education programs shall establish
and maintain accounts separate from all other district accounts
for the receipt and disbursement of all funds related to these
programs. All aid received pursuant to this section shall be
utilized solely for the purposes of adult basic and continuing
education programs. In no case shall federal and state aid
equal more than 90 percent of the actual cost of providing these
programs.
Sec. 10. [124.2601] [ADULT BASIC EDUCATION REVENUE.]
Subdivision 1. [FULL-TIME EQUIVALENT.] In this section
"full-time equivalent" means 408 contact hours for a student at
the adult secondary instructional level and 240 contact hours
for a student at a lower instructional level. "Full-time
equivalent" for an English as a second language student means
240 contact hours.
Subd. 2. [PROGRAMS FUNDED.] Adult basic education programs
established under section 124.26 and approved by the
commissioner are eligible for revenue under this section.
Subd. 3. [AID.] Adult basic education aid for each
district with an eligible program equals 65 percent of the
general education formula allowance times the number of
full-time equivalent students in its adult basic education
program.
Subd. 4. [LEVY.] A district with an eligible program may
levy an amount not to exceed the amount raised by .21 percent
times the adjusted tax capacity of the district for the
preceding year.
Subd. 5. [REVENUE.] Adult basic education revenue is equal
to the sum of a district's adult basic education aid and its
adult basic education levy.
Subd. 6. [AID GUARANTEE.] Any adult basic education
program that receives less state aid under subdivision 3 than
from the aid formula for fiscal year 1992 shall receive the
amount of aid it received in fiscal year 1992.
Subd. 7. [PRORATION.] If the total appropriation for adult
basic education aid is insufficient to pay all districts the
full amount of aid earned, the department of education shall
proportionately reduce each district's aid.
Sec. 11. [124.2605] [GED TEST FEES.]
The commissioner of education shall pay 60 percent of the
costs of a GED test taken by an eligible individual.
Sec. 12. Minnesota Statutes 1990, section 124.261, is
amended to read:
124.261 [ADULT HIGH SCHOOL GRADUATION AID.]
Subdivision 1. [AID ELIGIBILITY.] Adult high school
graduation aid for eligible pupils age 21 or over, equals 65
percent of the general education formula allowance times 1.35
1.30 times the average daily membership under section 124.17,
subdivision 2e. Adult high school graduation aid must be paid
in addition to any other aid to the district. Pupils age 21 or
over may not be counted by the district for any purpose other
than adult high school graduation aid.
Subd. 2. [AID FOLLOWS PUPIL.] Adult high school graduation
aid accrues to the account and the fund of the eligible
programs, under section 126.22, subdivision 3, that serve adult
diploma students.
Sec. 13. Minnesota Statutes 1990, section 124.2711, is
amended to read:
124.2711 [EARLY CHILDHOOD FAMILY EDUCATION AID REVENUE.]
Subdivision 1. [MAXIMUM REVENUE.] (a) The maximum revenue
for early childhood family education programs for 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 $96.50 for fiscal year 1992 or $101.25 for fiscal year
1993 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.
Subd. 2. [POPULATION.] For the purposes of subdivision 1,
data reported to the department of education according to the
provisions of section 120.095 may be used to determine the
number of people under five years of age residing in the
district. The commissioner, with the assistance of the state
demographer, shall review the number reported by any district
operating an early childhood family education program. If
requested, the district shall submit to the commissioner an
explanation of its methods and other information necessary to
document accuracy. If the commissioner determines that the
district has not provided sufficient documentation of accuracy,
the commissioner may request the state demographer to prepare an
estimate of the number of people under five years of age
residing in the district and may use this estimate for the
purposes of subdivision 1.
Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To
obtain early childhood family education revenue, a district may
levy an amount equal to the tax rate of .596 percent times the
adjusted tax capacity of the district for the year preceding the
year the levy is certified. If the amount of the early
childhood family education levy would exceed the early childhood
family education revenue, the early childhood family education
levy shall equal the early childhood family education revenue.
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION 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 early childhood
family education revenue, according to subdivision 1, and
the permitted early childhood family education 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. If the
district does not levy the entire amount permitted, the early
childhood family education aid shall be reduced in proportion to
the actual amount levied.
Subd. 4. [USE OF REVENUE RESTRICTED.] The proceeds of the
aid authorized by this section and the levy authorized by
section 275.125, subdivision 8b, shall Early childhood family
education revenue may be used only for early childhood family
education programs. Not more than five percent of early
childhood family education revenue may be used to administer
early childhood family education programs. The increase in
revenue for fiscal years 1992 and 1993 shall be used to:
(1) increase participation of families so that the total
participation in early childhood family education programs in
the district more nearly reflects the demographic, racial,
cultural, and ethnic diversity of the district; and
(2) provide programs for families who, because of poverty
and other barriers to learning, may need programs designed to
meet their needs.
Sec. 14. Minnesota Statutes 1990, section 124.2713,
subdivision 1, is amended to read:
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.
Sec. 15. Minnesota Statutes 1990, section 124.2713,
subdivision 3, is amended to read:
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.
Sec. 16. Minnesota Statutes 1990, section 124.2713,
subdivision 5, is amended to read:
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 75 cents for fiscal year 1992 and 85 cents for
fiscal year 1993 and thereafter, times the greater of 1,335 or
the population of the district.
Sec. 17. Minnesota Statutes 1990, section 124.2713,
subdivision 6, is amended to read:
Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community
education revenue, a district may levy the amount raised by a
tax rate of 1.07 percent for fiscal year 1992 and 1.095 percent
for fiscal year 1993 and thereafter, 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.
Sec. 18. Minnesota Statutes 1990, section 124.2713,
subdivision 9, is amended to read:
Subd. 9. [USE OF YOUTH SERVICE REVENUE.] Youth development
service revenue may be used only to implement the a youth
development plan approved by the school board. Youth service
revenue may be used only and to provide a youth service program
according to section 121.88, subdivision 9.
Sec. 19. Minnesota Statutes 1990, section 124C.03,
subdivision 2, is amended to read:
Subd. 2. [MEMBERS; MEETINGS; OFFICERS.] The interagency
adult learning advisory council shall have 16 20 to 18 22
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 chancellor of the state
board of technical colleges;
(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, the commissioner of the state planning agency
must appoint at least two six, but not more than four eight,
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.
Sec. 20. Minnesota Statutes 1990, 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, except
as indicated in clause (6), 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 satisfactorily
completing coursework or obtaining credits for graduation; or
(3) is pregnant or is a parent; or
(4) has been assessed as chemically dependent; or
(5) has been excluded or expelled according to sections
127.26 to 127.39; or
(6) is between the ages of 12 and 21 and has been referred
by a school district for enrollment in an eligible program or a
program pursuant to section 126.23; or
(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 fewer 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.
(e) an elementary school pupil who is determined by the
district of attendance to be at risk of not succeeding in school
is eligible to participate in the program.
Notwithstanding section 127.27, subdivision 7, the
provisions of section 127.29, subdivision 1, do not apply to a
pupil under age 21 who participates in the high school
graduation incentives program.
Sec. 21. Minnesota Statutes 1990, 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), (d), or (e),
may enroll in any program approved by the state board of
education under Minnesota Rules, part 3500.3500, or area
learning centers under sections 124C.45 to 124C.48, 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 post-secondary courses
under section 123.3514.
(c) A pupil who is eligible under subdivision 2, clause
(a), (b), (c), (d), or (e), may enroll in any public elementary
or secondary education program. However, a person who is
eligible according to subdivision 2, clause (d), may enroll only
if the school board has adopted a resolution approving the
enrollment.
(d) A pupil who is eligible under subdivision 2, clause
(a), (b), (c), or (e), may enroll part time or full time in any
nonprofit, nonpublic, nonsectarian school that has contracted
with the school district of residence to provide educational
services.
(e) An A pupil who is eligible institution providing
eligible programs as defined in this under subdivision 2, clause
(c) or (d), may contract with an entity providing enroll in any
adult basic education programs approved under section 124.26 and
operated under the community education program contained in
section 121.88 for actual program costs.
Sec. 22. Minnesota Statutes 1990, section 126.22, is
amended by adding a subdivision to read:
Subd. 3a. [ADDITIONAL ELIGIBLE PROGRAM.] A pupil who is at
least 16 years of age, who is eligible under subdivision 2,
clause (a), (b), or (c), and who has been enrolled only in a
public school, if the pupil has been enrolled in any school,
during the year immediately before transferring under this
subdivision, may transfer to any nonprofit, nonpublic school
that has contracted with the school district of residence to
provide nonsectarian educational services. Such a school must
enroll every eligible pupil who seeks to transfer to the school
under this program subject to available space.
Sec. 23. Minnesota Statutes 1990, section 126.22,
subdivision 4, is amended to read:
Subd. 4. [PUPIL ENROLLMENT.] Any eligible pupil under
subdivision 2 may apply to enroll in an eligible program under
subdivision 3, using the form specified in section 120.0752,
subdivision 2. Notwithstanding section 120.0752, Approval of
the resident district is not required for:
(1) an eligible pupil under subdivision 2 to enroll in a
nonresident district that has an any eligible program in a
nonresident district under subdivision 3 or an area learning
center established under section 124C.45; or
(2) an eligible pupil under subdivision 2, clause (c) or
(d), to enroll in an adult basic education program approved
under section 124.26.
Sec. 24. Minnesota Statutes 1990, section 126.22,
subdivision 8, is amended to read:
Subd. 8. [ENROLLMENT VERIFICATION.] For a pupil attending
an eligible program full time under subdivision 3, paragraph
(d), the department of education shall pay 85 88 percent of the
basic revenue of the district to the eligible program and 15 12
percent of the basic revenue to the resident district within 30
days after the eligible program verifies enrollment using the
form provided by the department. For a pupil attending an
eligible program part time, basic revenue shall be reduced
proportionately, according to the amount of time the pupil
attends the program, and the payments to the eligible program
and the resident district shall be reduced accordingly. A pupil
for whom payment is made according to this section may not be
counted by any district for any purpose other than computation
of basic revenue, according to section 124A.22, subdivision 2.
If payment is made for a pupil under this subdivision, a school
district shall not reimburse a program under section 126.23 for
the same pupil.
Sec. 25. Minnesota Statutes 1990, section 126.22, is
amended by adding a subdivision to read:
Subd. 9. [SEVERABILITY.] If for any reason any portion of
this section is found by a court to be unconstitutional, the
remaining portions of the section shall remain in effect.
Sec. 26. Minnesota Statutes 1990, section 145.926, is
amended to read:
145.926 [WAY TO GROW/SCHOOL READINESS PROGRAM.]
Subdivision 1. [ADMINISTRATION.] The commissioner of state
planning shall administer the way to grow/school readiness
program, in consultation collaboration with the commissioners of
health, human services and education, to promote intellectual,
social, emotional, and physical development and school readiness
of children prebirth to age five six by coordinating and
improving access to community-based and neighborhood-based
services that support and assist all parents in meeting the
health and developmental needs of their children at the earliest
possible age.
Subd. 2. [PROGRAM COMPONENTS.] (a) A way to grow/school
readiness program must:
(1) collaborate and coordinate delivery of services with
other community organizations and agencies serving children
prebirth to age six and their families;
(2) target services to families with children prebirth to
age six with services increasing based on need;
(3) build on existing services and coordinate a continuum
of prebirth to age six essential services, including but not
limited to prenatal health services, parent education and
support, and preschool programs;
(4) provide strategic outreach efforts to families using
trained paraprofessionals such as home visitors; and
(5) support of neighborhood oriented and culturally
specific social support, information, outreach, and other
programs to promote healthy development of children and to help
parents obtain the information, resources, and parenting skills
needed to nurture and care for their children.
(b) A way to grow/school readiness program may include:
(1) a program of home visitors to contact pregnant women
early in their pregnancies, encourage them to obtain prenatal
care, and provide social support, information, and referrals
regarding prenatal care and well-baby care to reduce infant
mortality, low birth weight, and childhood injury, disease, and
disability;
(2) a program of home visitors to provide social support,
information, and referrals regarding parenting skills and to
encourage families to participate in parenting skills programs
and other family supportive services;
(3) support of neighborhood-based or community-based
parent-child and family resource centers or interdisciplinary
resource teams to offer supportive services to families with
preschool children;
(4) staff training, technical assistance, and incentives
for collaboration designed to raise the quality of community
services relating to prenatal care, child development, health,
and school readiness;
(5) programs to raise general public awareness about
practices that promote healthy child development and school
readiness;
(6) support of neighborhood oriented and culturally
specific social support, information, outreach, and other
programs to promote healthy development of children and to help
parents obtain the information, resources, and parenting skills
needed to nurture and care for their children;
(7) programs to expand public and private collaboration to
promote the development of a coordinated and culturally specific
system of services available to all families;
(8) (7) support of periodic screening and evaluation
services for preschool children to assure adequate developmental
progress;
(9) (8) support of health, educational, and other
developmental services needed by families with preschool
children;
(10) (9) support of family prevention and intervention
programs needed to address risks of child abuse or neglect;
(11) (10) development or support of a jurisdiction-wide
coordinating agency to develop and oversee programs to enhance
child health, development, and school readiness with special
emphasis on neighborhoods with a high proportion of children in
need; and
(12) (11) other programs or services to improve the health,
development, and school readiness of children in target
neighborhoods and communities.
Subd. 3. [ELIGIBLE GRANTEES.] An application for a grant
may be submitted by any of the following entities:
(1) a city, town, county, school district, or other local
unit of government;
(2) two or more governmental units organized under a joint
powers agreement;
(3) a community action agency that satisfies the
requirements of section 268.53, subdivision 1; or
(4) a nonprofit organization, or consortium of nonprofit
organizations, that demonstrates collaborative effort with at
least one unit of local government.
Subd. 4. [PILOT PROJECTS DISTRIBUTION.] The commissioner
of state planning shall award grants for one pilot project in
each of the following areas of the state:
(1) a first class city located within the metropolitan area
as defined in section 473.121, subdivision 2;
(2) a second class city located within the metropolitan
area as defined in section 473.121, subdivision 2;
(3) a city with a population of 50,000 or more that is
located outside of the metropolitan area as defined in section
473.121, subdivision 2; and
(4) the area of the state located outside of the
metropolitan area as defined in section 473.121, subdivision
2 give priority to funding existing programs at their current
levels.
To the extent possible, the commissioner of state planning
shall award grants to applicants with experience or demonstrated
ability in providing comprehensive, multidisciplinary,
community-based programs with objectives similar to those listed
in subdivision 2, or in providing other human services or social
services programs using a multidisciplinary, community-based
approach.
Subd. 5. [APPLICATIONS.] Each grant application must
propose a five-year program designed to accomplish the purposes
of this section. The application must be submitted on forms
provided by the commissioner of state planning. The grant
application must include:
(1) a description of the specific neighborhoods that will
be served under the program and the name, address, and a
description of each community agency or agencies with which the
applicant intends to contract to provide services using grant
money;
(2) a letter of intent from each community agency
identified in clause (1) that indicates the agency's willingness
to participate in the program and approval of the proposed
program structure and components;
(3) a detailed description of the structure and components
of the proposed program and an explanation of how each component
will contribute to accomplishing the purposes of this section;
(4) a description of how public and private resources,
including schools, health care facilities, government agencies,
neighborhood organizations, and other resources, will be
coordinated and made accessible to families in target
neighborhoods, including letters of intent from public and
private agencies indicating their willingness to cooperate with
the program;
(5) a detailed, proposed budget that demonstrates the
ability of the program to accomplish the purposes of this
section using grant money and other available resources,
including funding sources other than a grant; and
(6) a comprehensive evaluation plan for measuring the
success of the program in meeting the objectives of the overall
grant program and the individual grant project, including an
assessment of the impact of the program in terms of at least
three of the following criteria:
(i) utilization rates of community services;
(ii) availability of support systems for families;
(iii) birth weights of newborn babies;
(iv) child accident rates;
(v) utilization rates of prenatal care;
(vi) reported rates of child abuse; and
(vii) rates of health screening and evaluation; and
(viii) school readiness of way to grow participants
compared to nonparticipants.
Subd. 6. [MATCH.] Each dollar of state money must be
matched with 50 cents of nonstate money. The pilot project
selected under subdivision 4, clause (4), Programs may match
state money with in-kind contributions, including volunteer
assistance.
Subd. 7. [ADVISORY COMMITTEES.] The commissioner of state
planning shall establish a program advisory committee consisting
of persons knowledgeable in child development, child health and
family services, and the needs of people of color and high risk
populations who reflect the geographic, cultural, racial, and
ethnic diversity of the state; and representatives of the
commissioners of state planning and, education, human services,
and health. This program advisory committee shall review grant
applications, assist in distribution of the grants, and monitor
progress of the way to grow/school readiness program. Each
grantee must establish a program advisory board of 12 or more
members to advise the grantee on program design, operation, and
evaluation. The board must include representatives of local
units of government and representatives of the project area who
reflect the geographic, cultural, racial, and ethnic diversity
of that community.
Subd. 8. [REPORT.] The commissioner of state planning
shall provide a biennial report to the legislature on the
program administration and the activities of projects funded
under this section. The advisory committee shall report to the
education committee of the legislature by January 15, 1993, on
the evaluation required in subdivision 5, clause (6), and shall
make recommendations for establishing successful way to grow
programs in unserved areas of the state.
Sec. 27. [REPORT REQUIRED.]
School districts contracting with a nonprofit, nonpublic
school must prepare for the department of education a report
describing the nonsectarian educational services provided to
eligible pupils under Minnesota Statutes, section 126.22,
subdivision 3a. The department shall report to the education
committees of the legislature at the end of each school year on
districts' experiences in contracting.
Sec. 28. [COMMISSIONER OF EDUCATION TO ESTABLISH
ELIGIBILITY STANDARDS.]
The commissioner of education shall establish standards to
determine the eligibility of an individual to take a GED test at
a reduced cost. The standards shall be established without
rulemaking under Minnesota Statutes, chapter 14. The standards
shall include the following:
(1) the individual shall have resided in Minnesota at least
90 days;
(2) the individual is not currently enrolled in a program
leading to a high school diploma; and
(3) the individual shall not take more than three tests at
a reduced cost.
Sec. 29. [EXPIRATION.]
Minnesota Statutes, section 126.22, subdivision 3a, expires
July 1, 1993.
Sec. 30. [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 BASIC EDUCATION AID.] For adult basic
education aid according to Minnesota Statutes, section 124.26 in
fiscal year 1992 and 124.2601 in fiscal year 1993:
$5,902,000 ..... 1992
$6,069,000 ..... 1993
The 1992 appropriation includes $761,000 for 1991 and
$5,141,000 for 1992.
The 1993 appropriation includes $907,000 for 1992 and
$5,162,000 for 1993.
Up to $275,000 each year may be used for contracts with
private, nonprofit organizations for approved programs.
Subd. 3. [ADULTS WITH DISABILITIES PROGRAM AID.] For
adults with disabilities programs according to Minnesota
Statutes, section 124.2715:
$670,000 ..... 1992
$670,000 ..... 1993
Any balance in the first year does not cancel and is
available for the second year.
Subd. 4. [COMMUNITY EDUCATION AID.] For community
education aid according to Minnesota Statutes, section 124.2713:
$3,636,000 ..... 1992
$3,464,000 ..... 1993
The 1992 appropriation includes $498,000 for 1991 and
$3,138,000 for 1992.
The 1993 appropriation includes $552,000 for 1992 and
$2,912,000 for 1993.
Subd. 5. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124.2711:
$12,856,000 ..... 1992
$12,624,000 ..... 1993
The 1992 appropriation includes $1,549,000 for 1991 and
$11,307,000 for 1992.
The 1993 appropriation includes $1,996,000 for 1992 and
$10,628,000 for 1993.
Subd. 6. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For
health and developmental screening aid according to Minnesota
Statutes, sections 123.702 and 123.7045:
$1,489,000 ..... 1992
$1,607,000 ..... 1993
The 1992 appropriation includes $86,000 for 1991 and
$1,403,000 for 1992.
The 1993 appropriation includes $247,000 for 1992 and
$1,360,000 for 1993.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [HEARING IMPAIRED ADULTS.] For programs for
hearing impaired adults according to Minnesota Statutes, section
121.201:
$70,000 ..... 1992
$70,000 ..... 1993
Subd. 8. [ADULT GRADUATION AID.] For adult graduation aid:
$1,331,000 ..... 1992
$1,364,000 ..... 1993
The 1992 appropriation includes $171,000 for 1991 and
$1,160,000 for 1992.
The 1993 appropriation includes $204,000 for 1992 and
$1,160,000 for 1993.
Subd. 9. [GED TESTS.] For payment of 60 percent of the
costs of GED tests:
$180,000 ..... 1993
Subd. 10. [EVALUATION OF BASIC SKILLS PROGRAMS.] For
continuing an independent statewide evaluation of basic skills
programs:
$75,000 ..... 1992
This appropriation is available until June 30, 1993. The
commissioner shall contract with an organization that is not
connected with the delivery system.
Subd. 11. [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 ..... 1992
$100,000 ..... 1993
The department may contract for these services.
Up to $10,000 of this appropriation for each fiscal year is
available to contract for these services.
Sec. 31. [APPROPRIATION.]
Subdivision 1. [STATE PLANNING AGENCY.] The sums indicated
in this section are appropriated from the general fund to the
state planning agency for the fiscal years designated.
Subd. 2. [WAY TO GROW.] For grants for way to grow
programs according to Minnesota Statutes, section 145.926:
$950,000 ..... 1992
This appropriation is available until June 30, 1993.
Sec. 32. Laws 1989, chapter 329, article 4, section 20, is
amended to read:
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
is repealed July 1, 1993 1992. Section 15 is repealed June 30,
1995.
Sec. 33. [REPEALER.]
Minnesota Statutes 1990, sections 123.706 and 123.707, are
repealed.
Minnesota Statutes 1990, sections 124.2713, subdivision 4;
and 275.125, subdivision 8b, are repealed. Minnesota Statutes
1990, section 124.26, subdivision 8, is repealed effective July
1, 1991. Minnesota Statutes 1990, section 124.26, subdivision
7, is repealed effective July 1, 1992.
Sec. 34. [EFFECTIVE DATE.]
Section 10, subdivision 4, is effective July 1, 1991.
Section 10, subdivisions 1, 2, 3, 5, 6, and 7, are effective
July 1, 1992. Reimbursements according to section 11 are
available July 1, 1992.
ARTICLE 5
FACILITIES AND EQUIPMENT
Section 1. Minnesota Statutes 1990, section 121.148,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER APPROVAL.] In determining
whether to give a school facility a positive, negative, or
unfavorable review and comment, the commissioner must evaluate
the proposals for facilities using the information provided
under section 121.15, subdivision 7.
The commissioner may submit a negative review and comment
for a project if the district has not submitted its capital
facilities plan required under section 124.243, subdivision 1,
to the commissioner.
Sec. 2. Minnesota Statutes 1990, section 121.15,
subdivision 7, is amended to read:
Subd. 7. [INFORMATION REQUIRED.] A school board proposing
to construct a facility described in subdivision 6 shall submit
to the commissioner a proposal containing information including
at least the following:
(a) the geographic area proposed to be served, whether
within or outside the boundaries of the school district;
(b) the people proposed to be served, including census
findings and projections for the next ten years of the number of
preschool and school-aged people in the area;
(c) the reasonably anticipated need for the facility or
service to be provided;
(d) a description of the construction in reasonable detail,
including: the expenditures contemplated; the estimated annual
operating cost, including the anticipated salary and number of
new staff necessitated by the proposal; and an evaluation of the
energy efficiency and effectiveness of the construction,
including estimated annual energy costs; and a description of
the telephone capabilities of the facility and its classrooms;
(e) a description of existing facilities within the area to
be served and within school districts adjacent to the area to be
served; the extent to which existing facilities or services are
used; the extent to which alternate space is available,
including other school districts, post-secondary institutions,
other public or private buildings, or other noneducation
community resources; and the anticipated effect that the
facility will have on existing facilities and services;
(f) the anticipated benefit of the facility to the area;
(g) if known, the relationship of the proposed construction
to any priorities that have been established for the area to be
served;
(h) the availability and manner of financing the facility
and the estimated date to begin and complete the facility;
(i) desegregation requirements that cannot be met by any
other reasonable means;
(j) the relationship of the proposed facility to the
cooperative integrated learning needs of the area; and
(k) the effects of the proposed facility on the district's
operating budget.
Sec. 3. Minnesota Statutes 1990, section 121.15,
subdivision 9, is amended to read:
Subd. 9. [PUBLICATION.] At least 20 days but not more than
60 days before a referendum for bonds or solicitation of bids to
construct a facility described in subdivision 6, for a project
that has received a positive or unfavorable review and comment
under section 121.148, the school board shall publish the
commissioner's review and comment of that project in the legal
newspaper of the district. Supplementary information shall be
available to the public.
Sec. 4. Minnesota Statutes 1990, section 121.155, is
amended to read:
121.155 [JOINT POWERS AGREEMENTS FOR EDUCATIONAL
FACILITIES.]
Subdivision 1. [INSTRUCTIONAL FACILITIES.] Any group of
districts may form a joint powers district under section 471.59
representing all participating districts to build or acquire a
facility to be used for instructional purposes. The joint
powers board must submit the project for review and comment
under section 121.15. The joint powers board must hold a
hearing on the proposal. The joint powers district must submit
the question of authorizing the borrowing of funds for the
project to the voters of the joint powers district at a special
election. The question submitted shall state the total amount
of funding needed from all sources. The joint powers board may
issue the bonds according to chapter 475 and certify the levy
required by section 475.61 only if a majority of those voting on
the question vote in the affirmative and only after the school
boards of each member district have adopted a resolution
pledging the full faith and credit of that district. The
resolution shall irrevocably commit that district to pay a
proportionate share, based on pupil units, of any debt levy
shortages that, together with other funds available, would allow
the joint powers board to pay the principal and interest on the
obligations. The district's payment of its proportionate share
of the shortfall shall be made from the district's capital
expenditure fund. The clerk of the joint powers board must
certify the vote of the bond election to the commissioner of
education.
Subd. 2. [SHARED FACILITIES.] A group of governmental
units may form a joint powers district under section 471.59
representing all participating units to build or acquire a
facility. The joint powers board must submit the project for
review and comment under section 121.15. The joint powers board
must hold a hearing on the proposal. The joint powers district
must submit the question of authorizing the borrowing of funds
for the project to the voters of the joint powers district at a
special election. The question submitted shall state the total
amount of funding needed from all sources. The joint powers
board may issue the bonds according to chapter 475 and certify
the levy required by section 475.61 only if a majority of those
voting on the question vote in the affirmative and only after
the boards of each member unit have adopted a resolution
pledging the full faith and credit of that unit. The resolution
must irrevocably commit that unit to pay an agreed upon share of
any debt levy shortages that, together with other funds
available, would allow the joint powers board to pay the
principal and interest on the obligations. The clerk of the
joint powers board must certify the vote of the bond election to
the commissioner of education.
Sec. 5. Minnesota Statutes 1990, 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; aid for the program for adults
with disabilities, according to section 124.271, subdivision 7;
school lunch aid, according to section 124.646; tribal contract
school aid, according to section 124.85; hearing impaired
support services aid, according to section 121.201; Indian
post-secondary preparation grants according to section 124.481;
and integration grants according to Laws 1989, chapter 329,
article 8, section 14, subdivision 3; and debt service aid
according to section 124.95, subdivision 5.
Sec. 6. Minnesota Statutes 1990, 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 lesser of one, or the ratio of:
(1) the quotient derived by dividing (a) the adjusted gross
tax capacity for fiscal year 1991, and (b) the adjusted net tax
capacity for 1992 and later fiscal years, 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) $7,103.60 for fiscal year 1991 and $5,304 for 1992 and
later fiscal years $3,515.
Sec. 7. [124.84] [HANDICAPPED ACCESS AND FIRE SAFETY
IMPROVEMENTS TO SCHOOL BUILDINGS.]
Subdivision 1. [REMOVAL OF ARCHITECTURAL BARRIERS.] If a
school board has insufficient money in its capital expenditure
fund to remove architectural barriers from a building it owns in
order to allow a pupil to attend a school in the pupil's
attendance area or to meet the needs of an employee with a
disability, a district may submit an application to the
commissioner of education containing at least the following:
(1) program modifications that the board considered, such
as relocating classrooms, providing an accessible unisex
bathroom, providing alternative library resources, or using
special equipment, such as bookcarts, and the reasons the
modifications were not feasible;
(2) a description of the proposed building modifications
and the cost of the modifications; and
(3) the age and market value of the building.
Individuals developing an application for a school district
shall complete a workshop, developed jointly by the commissioner
of education and the council on disability, about access
criteria.
In consultation with the council on disability, the
commissioner shall develop criteria to determine the cost
effectiveness of removing barriers in older buildings.
The commissioner shall approve or disapprove an application
within 60 days of receiving it.
Subd. 2. [FIRE SAFETY MODIFICATIONS.] If a school district
has insufficient money in its capital expenditure fund to make
modifications to a school building required by a fire inspection
conducted according to section 121.1502, the district may submit
an application to the commissioner of education containing
information required by the commissioner. The commissioner
shall approve or disapprove of the application according to
criteria established by the commissioner. The criteria shall
take into consideration the cost effectiveness of making
modifications to older buildings.
Subd. 3. [LEVY AUTHORITY.] The district may levy up to
$150,000 each year for two years, as approved by the
commissioner.
Sec. 8. [124.95] [DEBT SERVICE EQUALIZATION PROGRAM.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the required debt service levy of a district is defined
as follows:
(1) the amount needed to produce between five and six
percent in excess of the amount needed to meet when due the
principal and interest payments on the obligations of the
district, including the amounts necessary for repayment of
energy loans according to section 216C.37, debt service loans
and capital loans, minus
(2) the amount of any surplus remaining in the debt service
fund when the obligations and interest on them have been paid.
Subd. 2. [ELIGIBILITY.] To be eligible for debt service
equalization revenue, the following conditions must be met:
(1) the required debt service levy of a district must
exceed the amount raised by a level of eight percent times the
adjusted net tax capacity of the district;
(2) for bond issues approved after July 1, 1990, the
construction project must have received a positive review and
comment according to section 121.15;
(3) the commissioner has determined that the district has
met the criteria under section 124.431, subdivision 2, for new
projects; and
(4) the bond schedule must be approved by the commissioner
and, if necessary, adjusted to reflect a 20-year maturity
schedule.
Subd. 3. [DEBT SERVICE EQUALIZATION REVENUE.] (a) For
fiscal years 1995 and later, the debt service equalization
revenue of a district equals the required debt service levy
minus the amount raised by a levy of 12 percent times the
adjusted net tax capacity of the district.
(b) For fiscal year 1993, debt service equalization revenue
equals one-third of the amount calculated in paragraph (a).
(c) For fiscal year 1994, debt service equalization revenue
equals two-thirds of the amount calculated in paragraph (a).
Subd. 4. [EQUALIZED DEBT SERVICE LEVY.] To obtain debt
service equalization revenue, a district must levy an amount not
to exceed the district's debt service equalization revenue times
the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net 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
year to which the levy is attributable; or
(2) the equalizing factor as defined in section 124A.02,
subdivision 8, for the year to which the levy is attributable.
Subd. 5. [DEBT SERVICE EQUALIZATION AID.] A district's
debt service equalization aid is the difference between the debt
service equalization revenue and the equalized debt service
levy. A district's debt service equalization aid must not be
prorated.
Subd. 6. [DEBT SERVICE EQUALIZATION AID PAYMENT SCHEDULE.]
Debt service equalization aid must be paid as follows:
one-third before September 15, one-third before December 15, and
one-third before March 15 of each year.
Sec. 9. [124.96] [ANNUAL DEBT SERVICE EQUALIZATION AID
APPROPRIATION.]
There is annually appropriated from the general fund to the
department of education the amount necessary for debt service
equalization aid. This amount must be reduced by the amount of
any money specifically appropriated for the same purpose in any
year from any state fund. * (Section 9 was vetoed by the
governor.)
Sec. 10. [124.97] [DEBT SERVICE LEVY.]
A school district may levy the amounts necessary to make
payments for bonds issued and for interest on them, including
the bonds and interest on them, issued as authorized by
Minnesota Statutes 1974, section 275.125, subdivision 3, clause
(7)(C); and the amounts necessary for repayment of debt service
loans and capital loans, minus the amount of debt service
equalization revenue of the district.
Sec. 11. Minnesota Statutes 1990, section 272.02,
subdivision 8, is amended to read:
Subd. 8. [PROPERTY LEASED TO SCHOOL DISTRICTS.] Property
that is leased or rented to a school district is exempt from
taxation if it meets the following requirements:
(1) the lease must be for a period of at least 12
consecutive months;
(2) the terms of the lease must require the school district
to pay a nominal consideration for use of the building;
(3) the school district must use the property to provide
direct instruction in any grade from kindergarten through grade
12 or; special education for handicapped children or; adult
basic and continuing education as described in section 124.26;
preschool and early childhood family education; or community
education programs, including provision of administrative
services directly related to the educational program at that
site; and
(4) the lease must provide that the school district has the
exclusive use of the property during the lease period.
Sec. 12. 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 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. 13. Minnesota Statutes 1990, section 275.125,
subdivision 11d, is amended to read:
Subd. 11d. [EXTRA CAPITAL EXPENDITURE LEVY FOR LEASING
BUILDINGS TO LEASE A BUILDING AND LAND.] When a district finds
it economically advantageous to rent or lease a building or land
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 or land, 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 or land for approved
purposes. The proceeds of this levy must not be used for
leasing or renting a facility owned by a district or for
custodial or other maintenance services.
Sec. 14. [373.42] [COUNTY FACILITIES GROUP.]
Subdivision 1. [ESTABLISHMENT.] Each county outside of the
seven-county metropolitan area must establish a county
facilities group by July 1, 1992.
Subd. 2. [MEMBERSHIP.] A county facilities group consists
of at least one representative from the county board, one
representative from each city located within the county, one
representative from each school district located within the
county, up to three representatives of townships selected by the
county board, and two other members selected by the county board.
Subd. 3. [DUTIES.] The county facilities group shall
develop an inventory of all public buildings located within the
county. The inventory shall include an assessment of the
condition of each public building and document any under used
space in the buildings.
Subd. 4. [COMMENT.] The county facilities group shall
review and comment on any proposed joint facility and may submit
comments to the commissioner of education on any school district
facility that is proposed within the county.
Sec. 15. [473.23] [PUBLIC FACILITIES REVIEW.]
Subdivision 1. [INVENTORY.] The metropolitan council, in
consultation with appropriate state agencies and local
officials, must develop an inventory of all public buildings
located within the metropolitan area. The inventory must
include an assessment of the condition of each public building
and document any under used space in the buildings.
Subd. 2. [SHARED FACILITIES.] The metropolitan council
must review and comment on any joint facility proposed under
section 121.155 and may submit comments to the commissioner of
education on any school district facility that is proposed
within the metropolitan area.
Sec. 16. [APPLICATION.]
Section 15 applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 17. [HEALTH AND SAFETY LEVY ADJUSTMENT.]
The department of education shall adjust the 1991 payable
1992 levy for each school district or intermediate district by
the amount of the change in the district's health and safety
levy for fiscal year 1992 according to Minnesota Statutes,
section 124.83, subdivision 4, resulting from the change to the
health and safety equalizing factor. Notwithstanding Minnesota
Statutes, section 121.904, the entire amount of this levy must
be recognized as revenue for fiscal year 1992.
Sec. 18. [BONDS FOR CERTAIN CAPITAL FACILITIES.]
In addition to other bonding authority, with approval of
the commissioner, independent school districts No. 393, LeSueur,
No. 508, St. Peter, and No. 734, Henderson, may issue general
obligation bonds for certain capital projects under this
section. The bonds must be used only to make capital
improvements including equipping school buildings, improving
handicap accessibility to school buildings, and bringing school
buildings into compliance with fire codes.
Before a district issues bonds under this subdivision, it
must publish notice of the intended projects, related costs, and
the total amount of district indebtedness.
A bond issue tentatively authorized by the board under this
subdivision becomes finally authorized unless a petition signed
by more than 15 percent of the registered voters of the school
district is filed with the school board within 30 days of the
board's action. The percentage is to be determined with
reference to the number of registered voters in the school
district on the last day before the petition is filed with the
school board. The petition must call for a referendum on the
question of whether to issue the bonds for the projects under
this section. The approval of 50 percent plus one of those
voting on the question is required to pass a referendum
authorized by this section.
The bonds may be issued in a principal amount, that when
combined with interest thereon, will be paid off with 50 percent
of current and anticipated revenue for capital facilities under
this section or a successor section for the current year plus
projected revenue not greater than the current year for the next
ten years. Once finally authorized, the district must set aside
50 percent of the current year's revenue for capital facilities
under this section or a successor section each year in a
separate account until all principal and interest on the bonds
is paid. The district must annually transfer this amount from
its capital fund to the debt redemption fund. The bonds must be
paid off within ten years of issuance. The bonds must be issued
in compliance with Minnesota Statutes, chapter 475, except as
otherwise provided in this section.
Sec. 19. [HUTCHINSON SCHOOL DISTRICT LEASE PURCHASE LEVY.]
Notwithstanding Minnesota Statutes, section 275.125 or
other law, independent school district No. 423, Hutchinson, may
levy each year for the annual payments required on a lease
purchase agreement for a facility for level V emotionally and
behaviorally disturbed special education students.
Sec. 20. [ST. PAUL SCHOOL DISTRICT BONDS.]
Subdivision 1. [BONDING AUTHORIZATION.] To provide funds
to acquire or better school facilities, independent school
district No. 625 may by two-thirds majority vote of all the
members of the board of directors issue general obligation bonds
in one or more series in calendar years 1992 to 1996 as provided
in this section. The aggregate principal amount of any bonds
issued under this section in calendar year 1992 must not exceed
$12,700,000 and in calendar years 1993 to 1996 must not exceed
$9,000,000 each year. Issuance of the bonds is not subject to
Minnesota Statutes, section 475.58 or 475.59. As with other
bonds issued by independent school district No. 625, the first
sentence of Minnesota Statutes, section 475.53, subdivision 5,
does not apply to issuance of the bonds. The bonds must
otherwise be issued as provided in Minnesota Statutes, chapter
475. The authority to issue bonds under this section is in
addition to any bonding authority authorized by Minnesota
Statutes, chapter 124, or other law. The amount of bonding
authority authorized under this section must be disregarded in
calculating the bonding or net debt limits of Minnesota
Statutes, chapter 124, or any other law other than Minnesota
Statutes, section 475.53, subdivision 4.
Subd. 2. [TAX LEVY FOR DEBT SERVICE.] To pay the principal
of and interest on bonds issued under subdivision 1, independent
school district No. 625 must levy a tax annually in an amount
required under Minnesota Statutes, section 475.61, subdivisions
1 and 3. The tax authorized under this section is in addition
to the taxes authorized to be levied under Minnesota Statutes,
chapter 124A or 275, or other law.
Sec. 21. [TAXPAYER NOTIFICATION.]
Subdivision 1. [APPLICABILITY.] This section applies to
bonding authority granted under section 20.
Subd. 2. [NOTICE.] (a) A school board must prepare a
notice of the public meeting on the proposed sale of all or any
of the bonds and mail the notice to each postal patron residing
within the school district. The notice must be mailed at least
15 days but not more than 30 days before the meeting. Notice of
the meeting must also be posted in the administrative office of
the school district and must be published twice during the 14
days before the meeting in the official newspaper of the city in
which the school district is located.
(b) The notice must contain the following information:
(1) the proposed dollar amount of bonds to be issued;
(2) the dollar amount of the levy increase necessary to pay
the principal and interest on the newly authorized bonds;
(3) the estimated levy amount and net tax capacity rate
necessary to make the debt service payments on any existing
outstanding debt;
(4) the projected effects on individual property types; and
(5) the required levy and principal and interest on all
outstanding bonds in addition to the bonds proposed under clause
(1).
(c) To comply with paragraph (b), clause (4), the notice
must show the projected annual dollar increase and net tax
capacity rate increase for a representative range of residential
homestead, residential nonhomestead, apartments, and
commercial-industrial properties located within each state
senate district in the school district.
Subd. 3. [BOND AUTHORIZATION.] A school board may vote to
issue bonds newly authorized under section 20 only after
complying with the requirements of subdivision 2.
Sec. 22. [EFFECTIVE DATE; LOCAL APPROVAL.]
Sections 20 and 21 are effective the day after the
governing body of independent school district No. 625 complies
with Minnesota Statutes, sections 645.021, subdivision 3.
Sec. 23. [MAXIMUM EFFORT CAPITAL LOAN DEBT REDEMPTION
EXCESS.]
(a) Notwithstanding Minnesota Statutes, section 124.431,
subdivision 11, or any other law to the contrary, a school
district having an outstanding capital loan that has an excess
amount in the debt redemption fund as calculated according to
Minnesota Statutes, section 124.431, subdivision 11, may apply
to the commissioner for an adjustment to the amount of excess
owed to the state. The commissioner may reduce the excess that
a district owes the state if a district's capital loan is
outstanding and if the commissioner determines that any of the
following conditions apply:
(1) a district is likely to incur a substantial property
tax delinquency that will adversely affect the district's
ability to make its scheduled bond payments;
(2) a district's agreement with its bondholders or its
taxpayers could be impaired; or
(3) the district's tax capacity per pupil is less than
one-tenth of the equalizing factor as defined in Minnesota
Statutes, section 124A.02, subdivision 8.
(b) The amount of the excess that may be forgiven may not
exceed $200,000 in a single year for any district.
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. [CAPITAL EXPENDITURE FACILITIES AID.] For capital
expenditure facilities aid according to Minnesota Statutes,
section 124.243, subdivision 5:
$73,185,000 ..... 1992
$72,731,000 ..... 1993
The 1992 appropriation includes $10,920,000 for 1991 and
$62,265,000 for 1992.
The 1993 appropriation includes $10,988,000 for 1992 and
$61,743,000 for 1993.
Subd. 3. [CAPITAL EXPENDITURE EQUIPMENT AID.] For capital
expenditure equipment aid according to Minnesota Statutes,
section 124.244, subdivision 3:
$36,593,000 ..... 1992
$36,365,000 ..... 1993
The 1992 appropriation includes $5,460,000 for 1991 and
$31,133,000 for 1992.
The 1993 appropriation includes $5,493,000 for 1992 and
$30,872,000 for 1993.
Subd. 4. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 124.83, subdivision
5:
$11,560,000 ..... 1992
$11,351,000 ..... 1993
The 1992 appropriation includes $1,650,000 for 1991 and
$9,910,000 for 1992.
The 1993 appropriation includes $1,748,000 for 1992 and
$9,603,000 for 1993.
For fiscal year 1993, total health and safety revenue may
not exceed $58,800,000. The state board of education shall
establish criteria for prioritizing district health and safety
project applications not to exceed this amount. The criteria
may not discriminate between the number of pupils in and the
geographic location of school districts.
Subd. 5. [MAXIMUM EFFORT SCHOOL LOAN FUND.] For the
maximum effort school loan fund:
$ 6,139,000 ..... 1993
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 to the
general fund.
Subd. 6. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 124.95, subdivision 5:
$4,950,000* ..... 1993
* (The appropriation of $4,950,000 was vetoed by the
governor.)
Sec. 25. [EFFECTIVE DATE.]
Sections 5, 8, 9, 10, and 12 are effective for revenue for
fiscal year 1993.
Section 7 is effective for revenue for fiscal year 1994.
ARTICLE 6
EDUCATION ORGANIZATION AND COOPERATION
Section 1. Minnesota Statutes 1990, section 120.08,
subdivision 3, is amended to read:
Subd. 3. [SEVERANCE PAY.] A district shall pay severance
pay to a teacher who is:
(1) placed on unrequested leave of absence by the district
because the teacher's position is discontinued as a result of an
agreement under this section; and
(2) not employed by another district for the school year
following the teacher's placement on unrequested leave of
absence. A teacher is eligible under this subdivision if the
teacher:
(1) is a teacher, as defined in section 125.12, subdivision
1, but not a superintendent;
(2) has a continuing contract with the district according
to section 125.12, subdivision 4.
The amount of severance pay shall be equal to the teacher's
salary for the school year during which the teacher was placed
on unrequested leave of absence minus the gross amount the
teacher was paid during the 12 months following the teacher's
termination of salary, by an entity whose teachers by statute or
rule must possess a valid Minnesota teaching license, and minus
the amount a teacher receives as severance or other similar pay
according to a contract with the district or district policy.
These entities include, but are not limited to, the school
district that placed the teacher on unrequested leave of
absence, another school district in Minnesota, an education
district, an intermediate school district, an ECSU, a board
formed under section 471.59, a technical college, a state
residential academy, the Minnesota center for arts education, a
vocational center, or a special education cooperative. These
entities do not include a school district in another state, a
Minnesota public post-secondary institution, or a state agency.
Only amounts earned by the teacher as a substitute teacher or in
a position requiring a valid Minnesota teaching license shall be
subtracted. A teacher may decline any offer of employment as a
teacher without loss of rights to severance pay.
To determine the amount of severance pay that is due for
the first six months following termination of the teacher's
salary, the district may require the teacher to provide
documented evidence of the teacher's employers and gross
earnings during that period. The district shall pay the teacher
the amount of severance pay it determines to be due from the
proceeds of the levy for this purpose. To determine the amount
of severance pay that is due for the second six months of the 12
months following the termination of the teacher's salary, the
district may require the teacher to provide documented evidence
of the teacher's employers and gross earnings during that
period. The district shall pay the teacher the amount of
severance pay it determines to be due from the proceeds of the
levy for this purpose.
A teacher who receives severance pay under this subdivision
waives all further reinstatement rights under section 125.12,
subdivision 6a or 6b. If the teacher receives severance pay,
the teacher shall not receive credit for any years of service in
the district paying severance pay prior to the year in which the
teacher becomes eligible to receive severance pay.
The severance pay shall be equivalent to the teacher's
salary for one year and is subject to section 465.72. The
district may levy annually according to section 275.125,
subdivision 4, for the severance pay.
Sec. 2. Minnesota Statutes 1990, section 121.912, is
amended by adding a subdivision to read:
Subd. 6. [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.] A
school district that has reorganized according to section
122.22, 122.23, or sections 122.241 to 122.248 may make
permanent transfers between any of the funds in the newly
created or enlarged district with the exception of the debt
redemption fund. Fund transfers under this section may be made
only during the year following the effective date of
reorganization.
Sec. 3. [121.915] [REORGANIZATION OPERATING DEBT.]
The "reorganization operating debt" of a school district
means the net negative undesignated fund balance in all school
district funds, other than capital expenditure, building
construction, debt redemption, trust and agency, and
post-secondary vocational technical education funds, calculated
in accordance with the uniform financial accounting and
reporting standards for Minnesota school districts as of:
(1) June 30 of the fiscal year before the first year that a
district receives revenue according to section 124.2725; or
(2) June 30 of the fiscal year before the effective date of
reorganization according to section 122.22 or 122.23.
Sec. 4. Minnesota Statutes 1990, section 121.935, is
amended by adding a subdivision to read:
Subd. 5a. [DISTRICT COMPUTING SUBSIDIES.] The
appropriation for regional management information centers shall
be allocated among the centers according to the allocation for
fiscal year 1991. Any part of the appropriation for fiscal year
1991 that was not distributed directly to the centers shall be
added to the allocation according to the proportions each center
received for fiscal year 1991. Payment of the amount
appropriated shall be to school districts. Each school district
shall receive a payment equal to:
(1) the number of pupil units in the district divided by
the number of pupil units in all of the districts that are
members of the center; times
(2) the allocation for the center of which the district is
a member.
The payment shall be used by the district to purchase
services from a regional management information center, another
school district, or other provider, or to provide the services.
The payment shall be deposited in the district's capital
expenditure fund.
Sec. 5. Minnesota Statutes 1990, section 121.935, is
amended by adding a subdivision to read:
Subd. 7. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by any type
of formal or informal agreement, including a joint powers
agreement, or otherwise to participate in or provide financial
support for the purposes of the agreement for a time period in
excess of one fiscal year. Any agreement, part of an agreement,
or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred as a result of any agreement
before the effective date of this section. The school district
is liable only until the obligation or debt is discharged and
only according to the payment schedule in effect on the
effective date of this section, except that the payment schedule
may be altered for the purpose of restructuring debt or
refunding bonds outstanding on the effective date of this
section if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities relating to the
agreement or to terminate participation in the agreement, the
school board shall adopt a resolution and notify other parties
to the agreement of its decision on or before February 1 of any
year. The cessation or withdrawal shall be effective June 30 of
the same year or, at the option of the school board, June 30 of
the following fiscal year.
(d) Before issuing bonds or incurring other debt, the
governing body responsible for implementing the agreement shall
adopt a resolution proposing to issue bonds or incur other debt
and the proposed financial effect of the bonds or other debt
upon each participating district. The resolution shall be
adopted within a time sufficient to allow the school board to
adopt a resolution within the time permitted by this paragraph
and to comply with the statutory deadlines set forth in article
9, section 33, and sections 125.12 and 125.17. The governing
body responsible for implementing the agreement shall notify
each participating school board of the contents of the
resolution. Within 120 days of receiving the resolution of the
governing body, the school board of the participating district
shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to terminate participation in the
agreement.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the governing body implementing the agreement. A
school board adopting a resolution according to clause (2) is
not liable for the bonded indebtedness or other debt, as
proposed by the governing body, related to the services or
activities in which the district ceases participating or
providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the governing body
implementing the agreement.
(e) After the effective date of this section, a district is
liable according to paragraph (d) for its share of bonded
indebtedness or other debt incurred by the governing body
implementing the agreement to the extent that the bonds or other
debt are directly related to the services or activities in which
the district participates or for which the district provides
financial support. The district has continued liability only
until the obligation or debt is discharged and only according to
the payment schedule in effect at the time the governing body
implementing the agreement provides notice to the school board,
except that the payment schedule may be altered for the purpose
of refunding the outstanding bonds or restructuring other debt
if the annual payments of the district are not increased and if
the total obligation of the district for the outstanding bonds
or other debt is not increased.
Sec. 6. Minnesota Statutes 1990, section 122.22,
subdivision 7a, is amended to read:
Subd. 7a. Before the day of a hearing ordered pursuant to
this section, each district adjoining the district proposed for
dissolution shall provide the following information and
resolution to the county auditor of the county containing the
greatest land area of the district proposed for dissolution:
(a) The outstanding bonded debt, outstanding energy loans
made according to section 216C.37 or sections 298.292 to
298.298, and the capital loan obligation of the district;
(b) The net tax capacity of the district;
(c) The most current school tax rates for the district,
including any referendum, discretionary, or other optional
levies being assessed currently and the expected duration of the
levies;
(d) A resolution passed by the school board of the district
stating that if taxable property of the dissolved district is
attached to it, one of the following requirements is imposed:
(1) the taxable property of the dissolving district which is
attached to its district shall not be liable for the bonded
debt, outstanding energy loans made according to section 216C.37
or sections 298.292 to 298.298, or the capital loan obligation
of the district which existed as of the time of the attachment;
(2) the taxable property of the dissolving district which is
attached to its district shall be liable for the payment of the
bonded debt, outstanding energy loans made according to section
216C.37 or sections 298.292 to 298.298, or the capital loan
obligation of the district which existed as of the time of the
attachment in the proportion which the net tax capacity of that
part of the dissolving district which is included in the newly
enlarged district bears to the net tax capacity of the entire
district as of the time of attachment; or (3) the taxable
property of the dissolving district which is attached to its
district shall be liable for some specified portion of the
amount that could be requested pursuant to subclause (2).
An apportionment pursuant to subclause (2) or (3) shall be
made by the county auditor of the county containing the greatest
land area of the district proposed for transfer.
An apportionment of bonded indebtedness, outstanding energy
loans made according to section 216C.37 or sections 298.292 to
298.298, or capital loan obligation pursuant to subclause (2) or
(3) shall not relieve any property from any tax liability for
payment of any bonded or capital obligation, but taxable
property in a district enlarged pursuant to this section becomes
primarily liable for the payment of the bonded debt, outstanding
energy loans made according to section 216C.37 or sections
298.292 to 298.298, or capital loan obligation to the extent of
the proportion stated.
Sec. 7. Minnesota Statutes 1990, section 122.22,
subdivision 9, is amended to read:
Subd. 9. An order issued under subdivision 8, clause (b),
shall contain the following:
(a) A statement that the district is dissolved unless the
results of an election held pursuant to subdivision 11 provide
otherwise;
(b) A description by words or plat or both showing the
disposition of territory in the district to be dissolved;
(c) The outstanding bonded debt, outstanding energy loans
made according to section 216C.37 or sections 298.292 to
298.298, and the capital loan obligation of the district to be
dissolved;
(d) A statement requiring the fulfillment of the
requirements imposed by each adjoining district to which
territory in the dissolving district is to be attached regarding
the assumption of its outstanding preexisting bonded
indebtedness by any territory from the dissolving district which
is attached to it;
(e) An effective date for the order. The effective date
shall be at least three months after the date of the order, and
shall be July 1 of an odd-numbered year; and
(f) Other information the county board may desire to
include.
The auditor shall within ten days from its issuance serve a
copy of the order by mail upon the clerk of the district to be
dissolved and upon the clerk of each district to which the order
attaches any territory of the district to be dissolved and upon
the auditor of each other county in which all or any part of the
district to be dissolved or any district to which the order
attaches territory lies, and upon the commissioner.
Sec. 8. Minnesota Statutes 1990, section 122.23,
subdivision 2, is amended to read:
Subd. 2. (a) Upon a resolution of a school board in the
area proposed for consolidation or upon receipt of a petition
therefor executed by 25 percent of the voters resident in the
area proposed for consolidation or by 50 such voters, whichever
is lesser, the county auditor of the county which contains the
greatest land area of the proposed new district shall forthwith
cause a plat to be prepared. The resolution or petition shall
show the approximate area proposed for consolidation.
(b) The resolution or petition may propose either the
following:
(1) that the bonded debt of the component districts will be
paid according to the levies previously made for that debt under
chapter 475, as provided in subdivision 16a, or that the taxable
property in the newly created district will be taxable for the
payment of all or a portion of the bonded debt previously
incurred by any component district as provided in subdivision
16b. The resolution or petition may also propose;
(2) that obligations for a capital loan or an energy loan
made according to section 216C.37 or sections 298.292 to 298.298
outstanding in a preexisting district as of the effective date
of consolidation remain solely with the preexisting district
that obtained the loan, or that all or a portion of the loan
obligations will be assumed by the newly created or enlarged
district and paid by the newly created or enlarged district on
behalf of the preexisting district that obtained the loan;
(c) (3) that referendum levies previously approved by
voters of the component districts pursuant to section 124A.03,
subdivision 2, or its predecessor provision, be combined as
provided in section 122.531, subdivision 2a or 2b, or that the
referendum levies be discontinued. The resolution or petition
may also propose;
(4) that the board of the newly created district consist of
seven members, and may also propose the establishment of; or
(5) that separate election 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 be established. If a county auditor
receives more than one request for a plat and the requests
involve parts of identical districts, the auditor shall
forthwith prepare a plat which in the auditor's opinion best
serves the educational interests of the inhabitants of the
districts or areas affected.
(c) The plat shall show:
(a) (1) Boundaries of the proposed district, as determined
by the county auditor, and present district boundaries,
(b) (2) The location of school buildings in the area
proposed as a new district and the location of school buildings
in adjoining districts,
(c) (3) The boundaries of any proposed separate election
districts, and
(d) (4) Other pertinent information as determined by the
county auditor.
Sec. 9. Minnesota Statutes 1990, section 122.23,
subdivision 3, is amended to read:
Subd. 3. A supporting statement to accompany the plat
shall be prepared by the county auditor. The statement shall
contain:
(a) The adjusted net tax capacity of property in the
proposed district,
(b) If a part of any district is included in the proposed
new district, the adjusted net tax capacity of the property and
the approximate number of pupils residing in the part of the
district included shall be shown separately and the adjusted net
tax capacity of the property and the approximate number of
pupils residing in the part of the district not included shall
also be shown,
(c) The reasons for the proposed consolidation, including a
statement that at the time the plat is submitted to the state
board of education, no proceedings are pending to dissolve any
district involved in the plat unless all of the district to be
dissolved and all of each district to which attachment is
proposed is included in the plat,
(d) A statement showing that the jurisdictional fact
requirements of subdivision 1 are met by the proposal,
(e) Any proposal contained in the resolution or petition
regarding the disposition of the bonded debt, outstanding energy
loans made according to section 216C.37 or sections 298.292 to
298.298, capital loan obligations, or referendum levies of
component districts,
(f) Any other information the county auditor desires to
include, and
(g) The signature of the county auditor.
Sec. 10. Minnesota Statutes 1990, section 122.241,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] Sections 122.241 to 122.248
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 one or two years, if the districts cooperate
according to subdivision 2; and
(2) to combine into one district after cooperating.
Sec. 11. Minnesota Statutes 1990, section 122.241,
subdivision 2, is amended to read:
Subd. 2. [COOPERATION REQUIREMENTS.] Cooperating districts
shall:
(1) implement a written agreement according to section
122.541 no later than the first year of cooperation;
(2) all be members of one education district, if any one of
the districts is a member, no later than the end of the second
year of cooperation; and
(3) all be members of one ECSU, if any one of the districts
is a member.
Clause (1) does not apply to a district that implemented an
agreement for secondary education, according to section 122.535,
during any year before the 1991-1992 school year. If the
districts cooperate for one or more years, the agreement may be
continued during those years.
Sec. 12. Minnesota Statutes 1990, section 122.242,
subdivision 9, is amended to read:
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 all or a portion of 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) whether obligations for a capital loan or energy loan
made according to section 216C.37 or sections 298.292 to 298.298
outstanding at the time of combination remain solely with the
district that obtained the loan, or whether all or a portion of
all the loan obligations will be assumed by the combined
district and paid by the combined district on behalf of the
district that obtained the loan;
(3) the treatment of debt service levies and referendum
levies;
(3) (4) whether the cooperating or combined district will
levy for reorganization operating debt according to section 3,
clause (1); and
(5) 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.
Sec. 13. Minnesota Statutes 1990, section 122.243,
subdivision 2, is amended to read:
Subd. 2. [VOTER APPROVAL.] During the first or second year
of cooperation, A referendum on the question of combination
shall be conducted during the first or second year of
cooperation for districts that cooperate according to section
122.241, or no more than 18 months before the effective date of
combination for districts that do not cooperate. 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 districts shall modify their
cooperation and combination plan. A different question third
referendum may be submitted conducted on any date before October
1. Referendums shall be conducted on the same date in all
districts.
Sec. 14. Minnesota Statutes 1990, section 122.247, is
amended by adding a subdivision to read:
Subd. 2a. [CAPITAL LOAN.] The combined school board may
levy for the obligations for a capital loan outstanding at the
time of combination, consistent with the plan adopted according
to section 122.242 and any subsequent modifications. The
primary obligation to levy as required by the capital loan
remains with taxable property in the preexisting district that
obtained the capital loan. However, the obligation of a capital
loan may be extended to all of the taxable property in the
combined district.
Sec. 15. Minnesota Statutes 1990, section 122.247,
subdivision 3, is amended to read:
Subd. 3. [TRANSITIONAL LEVY.] The board of the combined
district, or the boards of combining districts that have
received voter approval for the combination under section
122.243, subdivision 2, 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 or boards
may levy this amount over three or fewer years. All expenses
must be approved by the state board of education.
Sec. 16. Minnesota Statutes 1990, section 122.531, is
amended by adding a subdivision to read:
Subd. 4a. [REORGANIZATION OPERATING DEBT LEVIES.] (a) A
district that is cooperating or has combined according to
sections 122.241 to 122.248 may levy to eliminate reorganization
operating debt as defined in section 3, clause (1). The amount
of the debt must be certified over a period of five years.
After the effective date of combination according to sections
122.241 to 122.248, the levy may be certified and spread only
either on the property in the combined district that would have
been taxable in the preexisting district that incurred the debt
or on all of the taxable property in the combined district.
(b) A district that has reorganized according to section
122.22 or 122.23 may levy to eliminate reorganization operating
debt as defined in section 3, clause (2). The amount of debt
must be certified over a period not to exceed five years and may
be spread either only on the property in the newly created or
enlarged district which was taxable in the preexisting district
that incurred the debt or on all of the taxable property in the
newly created or enlarged district.
Sec. 17. [122.5311] [OBLIGATIONS UPON DISTRICT
REORGANIZATION.]
Subdivision 1. [CAPITAL LOAN OBLIGATIONS.] If a district
has a capital loan outstanding at the time of reorganization
according to section 122.22, 122.23, or sections 122.241 to
122.248, and if the plan for reorganization provides for payment
of all or a portion of the capital loan obligation by the newly
created or enlarged district or makes no provision for payment,
all of the taxable property in the newly created or enlarged
district is taxable for the payment to the extent stated in the
plan. Notwithstanding any contract to the contrary, if all of
the taxable property in the newly created or enlarged district
is taxable for the payment of the capital loan and until the
capital loan is retired or canceled, the maximum effort debt
service levy shall be recalculated annually by the department of
education to be equal to the required debt service levy plus an
additional amount. The additional amount shall be the greater
of:
(i) zero, or
(ii) the maximum effort debt service levy of the
preexisting district minus the required debt service levy of the
preexisting district that received the capital loan.
For the purpose of the recalculation, additional bond
issues after the date of the reorganization shall not impact the
maximum effort debt service levy or the required debt service
levy.
Notwithstanding any contract to the contrary, the plan for
reorganization may specify that the obligation for a capital
loan remains solely with the preexisting district that incurred
the obligation. This subdivision does not relieve any property
from any tax liability for payment of any capital loan
obligation.
Subd. 2. [ENERGY LOAN OBLIGATIONS.] If a district has an
energy loan outstanding at the time of reorganization according
to section 122.22, 122.23, or sections 122.241 to 122.248, and
if the plan for reorganization provides for payment of all or a
portion of the energy loan obligation by the newly created or
enlarged district or makes no provision for payment, all of the
taxable property in the newly created or enlarged district is
taxable for the payment.
Notwithstanding any contract to the contrary, the plan for
reorganization may specify that the obligation for an energy
loan remains solely with the preexisting district that incurred
the obligation. This subdivision does not relieve any property
from any tax liability for payment of any energy loan obligation.
Sec. 18. Minnesota Statutes 1990, section 122.535,
subdivision 6, is amended to read:
Subd. 6. [SEVERANCE PAY.] A district shall pay severance
pay to a teacher who is:
(1) placed on unrequested leave of absence by the district
because the teacher's position is discontinued as a result of
the agreement; and
(2) not employed by another district for the school year
following the teacher's placement on unrequested leave of
absence. A teacher is eligible under this subdivision if the
teacher:
(1) is a teacher, as defined in section 125.12, subdivision
1, but not a superintendent;
(2) has a continuing contract with the district according
to section 125.12, subdivision 4.
The amount of severance pay shall be equal to the teacher's
salary for the school year during which the teacher was placed
on unrequested leave of absence minus the gross amount the
teacher was paid during the 12 months following the teacher's
termination of salary, by an entity whose teachers by statute or
rule must possess a valid Minnesota teaching license, and minus
the amount a teacher receives as severance or other similar pay
according to a contract with the district or district policy.
These entities include, but are not limited to, the school
district that placed the teacher on unrequested leave of
absence, another school district in Minnesota, an education
district, an intermediate school district, an ECSU, a board
formed under section 471.59, a technical college, a state
residential academy, the Minnesota center for arts education, a
vocational center, or a special education cooperative. These
entities do not include a school district in another state, a
Minnesota public post-secondary institution, or a state agency.
Only amounts earned by the teacher as a substitute teacher or in
a position requiring a valid Minnesota teaching license shall be
subtracted. A teacher may decline any offer of employment as a
teacher without loss of rights to severance pay.
To determine the amount of severance pay that is due for
the first six months following termination of the teacher's
salary, the district may require the teacher to provide
documented evidence of the teacher's employers and gross
earnings during that period. The district shall pay the teacher
the amount of severance pay it determines to be due from the
proceeds of the levy for this purpose. To determine the amount
of severance pay that is due for the second six months of the 12
months following the termination of the teacher's salary, the
district may require the teacher to provide documented evidence
of the teacher's employers and gross earnings during that
period. The district shall pay the teacher the amount of
severance pay it determines to be due from the proceeds of the
levy for this purpose.
A teacher who receives severance pay under this subdivision
waives all further reinstatement rights under section 125.12,
subdivision 6a or 6b. If the teacher receives severance pay,
the teacher shall not receive credit for any years of service in
the district paying severance pay prior to the year in which the
teacher becomes eligible to receive severance pay.
The severance pay shall be equivalent to the teacher's
salary for one year and is subject to section 465.72. The
district may levy annually according to section 275.125,
subdivision 4, for the severance pay.
Sec. 19. Minnesota Statutes 1990, section 122.91,
subdivision 5, is amended to read:
Subd. 5. [JOINDER AND WITHDRAWAL.] (a) A member school
district must not withdraw 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.
(b) Notwithstanding paragraph (a), a school district that
certified a levy under section 124.2725 for fiscal year 1991
124.2721 may apply to the department of education to transfer
from one the education district to another to comply with
section 122.241, subdivision 2, clause (2). which it currently
belongs to a different education district before June 1 of the
calendar year after the levy was certified if any of the
following conditions are met as a result of the transfer:
(1) all member school districts of a special education
cooperative established under section 120.17 or 471.59, or a
cooperative center for vocational education established under
section 123.351 become members of the same education district;
(2) the location of the school district allows the
education district into which the school district is applying to
transfer to provide services more effectively than the current
education district; or
(3) the number of boards governing special education
cooperatives established under section 120.17 or 471.59,
cooperative centers for vocational education established under
section 123.351, or other educational organizations that operate
within the geographic area of either education district is
reduced.
(c) The department of education must accept or reject an
application for transfer under this section within 30 days of
receiving the application. The commissioner must adjust the
revenue of both education districts so that the education
district revenue attributable to the transferring school
district is transferred from the previous education district to
the new education district.
(c) (d) By August 1 of each year, an education district
must notify the department of education concerning which school
districts will be members of the education district for the
purposes of certifying to the department of education the amount
of revenue to be raised under section 124.2721.
Sec. 20. Minnesota Statutes 1990, section 122.94, is
amended by adding a subdivision to read:
Subd. 1a. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No district shall be required by an agreement or
otherwise to participate in or provide financial support for a
education district for a time period in excess of one fiscal
year. Any agreement, part of an agreement, or other type of
requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of debt incurred by
the education district board before the effective date of this
section. The school district is liable only until the
obligation or debt is discharged and only according to the
payment schedule in effect on June 30, 1993, except that the
payment schedule may be altered for the purpose of restructuring
debt outstanding on the effective date of this section if the
annual payments of the school district are not increased and if
the total obligation of the school district for its share of
debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
education district or to withdraw from the education district,
the school board of the school district shall adopt a resolution
and notify the education district board of its decision on or
before February 1 of any year. The cessation or withdrawal
shall be effective June 30 of the same year or, at the option of
the school board, June 30 of the following fiscal year.
(d) Before incurring debt, the board of an education
district shall adopt a resolution proposing to incur debt and
the proposed financial effect of the debt upon each school
district. The resolution shall be adopted within a time
sufficient to allow the school board to adopt a resolution
within the time permitted by this paragraph and to comply with
the statutory deadlines set forth in article 9, section 33, and
sections 125.12 and 125.17. The board of the education district
shall notify each participating school board of the contents of
the resolution. Within 120 days of receiving the resolution of
the board of the education district, the school board of the
participating district shall adopt a resolution stating:
(1) its concurrence with incurring other debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
debt; or
(3) its intention to withdraw from the education district.
A school board adopting a resolution according to clause
(1) is liable for its share of debt as proposed by the education
district board. A school board adopting a resolution according
to clause (2) is not liable for the debt, as proposed by the
board of the education district, related to the services or
activities in which the school district ceases participating or
providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the debt
proposed by the education district board.
(e) On and after July 1, 1993, a school district is liable
according to paragraph (d) for its share of debt incurred by the
education district to the extent that the debt is directly
related to the services or activities in which the school
district participates or for which the school district provides
financial support. The school district has continued liability
only until the debt is discharged and only according to the
payment schedule in effect at the time the education district
board provides notice to the school board, except that the
payment schedule may be altered for the purpose of restructuring
debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the debt is not increased.
Sec. 21. Minnesota Statutes 1990, section 122.94,
subdivision 6, is amended to read:
Subd. 6. [COMMON ACADEMIC CALENDAR.] For 1991-1992 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 at least the same
number of instructional days in common as are offered by the
member district with the fewest number of instructional days;
(2) the same first and last days of instruction in a school
year; and
(3) the specific days reserved for staff development at
least the same number of staff development days in common as are
provided by the member district with the fewest number of staff
development days.
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 122.945. 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. 22. Minnesota Statutes 1990, section 123.35, is
amended by adding a subdivision to read:
Subd. 19. [LIMITATION ON ALL AGREEMENTS.] (a) No district
shall be required by an agreement or otherwise to participate in
or provide financial support for a regional center for a time
period in excess of one fiscal year. Any agreement, part of an
agreement, or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a district for its share of bonded indebtedness or
other debt incurred by the center before the effective date of
this section. The district is liable only until the obligation
or debt is discharged and only according to the payment schedule
in effect on June 30, 1993, except that the payment schedule may
be altered for the purpose of restructuring debt or refunding
bonds outstanding on the effective date of this section if the
annual payments of the district are not increased and if the
total obligation of the district for its share of outstanding
bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
center or to withdraw from the center, the school board shall
adopt a resolution and notify the center of its decision on or
before February 1 of any year. The cessation or withdrawal
shall be effective June 30 of the same year or, at the option of
the school board, June 30 of the following fiscal year.
(d) Before issuing bonds or incurring other debt, the board
of a center shall adopt a resolution proposing to issue bonds or
incur other debt and the proposed financial effect of the bonds
or other debt upon each participating district. The resolution
shall be adopted within a time sufficient to allow the school
board to adopt a resolution within the time permitted by this
paragraph and to comply with the statutory deadlines set forth
in article 9, section 33, and sections 125.12 and 125.17. The
board of the center shall notify each participating school board
of the contents of the resolution. Within 120 days of receiving
the resolution of the board of the center, the school board of
the participating district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the regional center.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the regional center. A school board
adopting a resolution according to clause (2) is not liable for
the bonded indebtedness or other debt, as proposed by the board
of the regional center, related to the services or activities in
which the district ceases participating or providing financial
support. A school board adopting a resolution according to
clause (3) is not liable for the bonded indebtedness or other
debt proposed by the board of the regional center.
(e) On and after July 1, 1993, a district is liable
according to paragraph (d) for its share of bonded indebtedness
or other debt incurred by the regional center to the extent that
the bonds or other debt are directly related to the services or
activities in which the district participates or for which the
district provides financial support. The district has continued
liability only until the obligation or debt is discharged and
only according to the payment schedule in effect at the time the
board of the regional center provides notice to the school
board, except that the payment schedule may be altered for the
purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the district are not
increased and if the total obligation of the district for the
outstanding bonds or other debt is not increased.
Sec. 23. Minnesota Statutes 1990, section 123.351,
subdivision 8, is amended to read:
Subd. 8. [ADDITION AND WITHDRAWAL OF DISTRICTS.] Upon
approval by majority vote of a school board, of the center
board, and of the state board of education, an adjoining school
district may become a member in the center and be governed by
the provisions of this section and the agreement in effect.
(a) No district shall be required by an agreement or
otherwise to participate in or provide financial support for a
center for a time period in excess of one fiscal year. Any
agreement, part of an agreement, or other type of requirement to
the contrary is void.
(b) This subdivision shall not affect the continued
liability of a district for its share of bonded indebtedness or
other debt incurred by the center before the effective date of
this section. The district is liable only until the obligation
or debt is discharged and only according to the payment schedule
in effect on June 30, 1993, except that the payment schedule may
be altered for the purpose of restructuring debt or refunding
bonds outstanding on the effective date of this section if the
annual payments of the district are not increased and if the
total obligation of the district for its share of outstanding
bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
center or to withdraw from the center, the school board shall
adopt a resolution and notify the center of its decision on or
before February 1 of any year. The cessation or withdrawal
shall be effective June 30 of the same year or, at the option of
the school board, June 30 of the following fiscal year.
(d) Before issuing bonds or incurring other debt, the board
of a center shall adopt a resolution proposing to issue bonds or
incur other debt and the proposed financial effect of the bonds
or other debt upon each participating district. The resolution
shall be adopted within a time sufficient to allow the school
board to adopt a resolution within the time permitted by this
paragraph and to comply with the statutory deadlines set forth
in article 9, section 33, and sections 125.12 and 125.17. The
board of the center shall notify each participating school board
of the contents of the resolution. Within 120 days of receiving
the resolution of the board of the center, the school board of
the participating district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the regional center.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the regional center. A school board
adopting a resolution according to clause (2) is not liable for
the bonded indebtedness or other debt, as proposed by the board
of the center, related to the services or activities in which
the district ceases participating or providing financial
support. A school board adopting a resolution according to
clause (3) is not liable for the bonded indebtedness or other
debt proposed by the board of the center.
(e) On and after July 1, 1993, a district is liable
according to paragraph (d) for its share of bonded indebtedness
or other debt incurred by the center to the extent that the
bonds or other debt are directly related to the services or
activities in which the district participates or for which the
district provides financial support. The district has continued
liability only until the obligation or debt is discharged and
only according to the payment schedule in effect at the time the
board of the center provides notice to the school board, except
that the payment schedule may be altered for the purpose of
refunding the outstanding bonds or restructuring other debt if
the annual payments of the district are not increased and if the
total obligation of the district for the outstanding bonds or
other debt is not increased.
Any participating district may withdraw from the center and
from the agreement in effect by a majority vote of the full
board membership of the participating school district desiring
withdrawal and upon compliance with provisions in the agreement
establishing the center. Upon receipt of the withdrawal
resolution reciting the necessary facts, the center board shall
file a certified copy with the county auditors of the counties
affected. The withdrawal shall become effective at the end of
the next following school year July 1 but the withdrawal shall
not affect the continued liability of the withdrawing district
for bonded indebtedness it incurred prior to the effective
withdrawal date.
Sec. 24. Minnesota Statutes 1990, section 123.58, is
amended by adding a subdivision to read:
Subd. 4a. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No district shall be required by an agreement or
otherwise to participate in or provide financial support for an
ECSU for a time period in excess of one fiscal year. Any
agreement, part of an agreement, or other type of requirement to
the contrary is void.
(b) This subdivision shall not affect the continued
liability of a district for its share of debts or obligations
incurred by the ECSU before the effective date of this section.
The district is liable only until the debt or obligation is
discharged and only according to the payment schedule in effect
on the effective date of this section, except that the payment
schedule may be altered for the purpose of restructuring or
refunding debt or obligations outstanding on the effective date
of this section if the annual payments of the district are not
increased and if the total obligation of the district for its
share of outstanding debt or obligations is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
ECSU or to withdraw from the ECSU, the school board shall adopt
a resolution and notify the ECSU of its decision on or before
February 1 of any year. The cessation or withdrawal shall be
effective June 30 of the same year or, at the option of the
school board, June 30 of the following fiscal year.
(d) Before incurring debt or obligations, the ECSU board
shall adopt a resolution proposing to incur debt or obligations
and the proposed financial effect of the debt or obligations
upon each participating district. The resolution shall be
adopted within a time sufficient to allow the school board to
adopt a resolution within the time permitted by this paragraph
and to comply with the statutory deadlines set forth in article
9, section 33, and sections 125.12 and 125.17. The ECSU board
shall notify each participating school board of the contents of
the resolution. Within 120 days of receiving the resolution of
the ECSU board, the school board of the participating district
shall adopt a resolution stating:
(1) its concurrence with incurring the debt or obligations;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
debt or obligations; or
(3) its intention to withdraw from the ECSU.
A school board adopting a resolution according to clause
(1) is liable for its share of debt or obligations as proposed
by the ECSU board. A school board adopting a resolution
according to clause (2) is not liable for the debt or
obligations, as proposed by the ECSU board, related to the
services or activities in which the district ceases
participating or providing financial support. A school board
adopting a resolution according to clause (3) is not liable for
the debt or obligations proposed by the ECSU board.
(e) After the effective date of this section, a district is
liable according to paragraph (d) for its share of debt or
obligations incurred by the ECSU to the extent that the debt or
obligations are directly related to the services or activities
in which the district participates or for which the district
provides financial support. The district has continued
liability only until the debt or obligation is discharged and
only according to the payment schedule in effect at the time the
ECSU board provides notice to the school board, except that the
payment schedule may be altered for the purpose of refunding or
restructuring debt or obligations if the annual payments of the
district are not increased and if the total obligation of the
district for the outstanding debt or obligation is not increased.
Sec. 25. Minnesota Statutes 1990, section 123.58, is
amended by adding a subdivision to read:
Subd. 9a. [ALLOCATION OF STATE APPROPRIATION.] The
appropriation for ECSUs shall be allocated among the ECSUs
according to the allocation for fiscal year 1991. Payment of
the amount appropriated shall be to school districts. Each
school district shall receive a payment equal to:
(1) the number of pupil units in the district divided by
the number of pupil units in all of the districts that are
members of the ECSU; times
(2) the allocation for the ECSU of which the district is a
member.
The payment shall be used by the district to purchase
educational services from an ECSU, another school district, or
other provider, or to provide other educational services.
Sec. 26. Minnesota Statutes 1990, section 124.2721, is
amended by adding a subdivision to read:
Subd. 1a. [ELIGIBILITY.] A school district is eligible for
education district revenue if the district certified a levy for
education district revenue in 1992 for taxes payable in 1993.
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.
Sec. 27. Minnesota Statutes 1990, section 124.2721,
subdivision 2, is amended to read:
Subd. 2. [REVENUE.] Each year the education district board
shall certify to the department of education the amount of
education district revenue to be raised. Education district
revenue shall be the lesser of:
(1) the amount certified by the education district board;,
or
(2) the sum of:
(i) $60 in basic education district revenue; and
(ii) $50 for education districts authorized to receive
revenue under Laws 1990, chapter 562, article 6, section 36,
subdivision 2, $50 times the actual pupil units in the education
district.
Sec. 28. Minnesota Statutes 1990, section 124.2721, is
amended by adding a subdivision to read:
Subd. 2a. [REVENUE.] For fiscal year 1994 and thereafter,
education district revenue shall be $50 times the number of
pupil units in the district.
Sec. 29. Minnesota Statutes 1990, section 124.2721,
subdivision 3, is amended to read:
Subd. 3. [LEVY.] 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 net tax capacity of the
education district divided by the number of actual pupil units
in the education district to an amount equal to the sum of
subdivision 2, clause (2), items (i) and (ii), for which the
education district is eligible $50 divided by 1.87 percent.
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. 30. Minnesota Statutes 1990, section 124.2721, is
amended by adding a subdivision to read:
Subd. 3a. [LEVY.] Beginning with the levy attributable to
fiscal year 1994 and thereafter, the education district levy for
a school district is equal to the following:
(1) the sum of the education district revenue according to
subdivision 2 for all member school districts of the education
district, times
(2) the lesser of
(a) one, or
(b) the ratio of the adjusted net tax capacity of the
education district divided by the number of actual pupil units
in the education district to the amount in clause (1) divided by
1.87 percent, times
(3) the ratio of the adjusted net tax capacity of the
school district to the total adjusted net tax capacity of the
education district.
Sec. 31. Minnesota Statutes 1990, section 124.2721, is
amended by adding a subdivision to read:
Subd. 4a. [AID.] For fiscal year 1994 and thereafter,
education district aid equals the education district revenue
minus the education district levy, times the ratio of the actual
amount levied to the permitted levy. If the permitted education
district levy exceeds the education district revenue, the
department shall reduce other aids due the district by the
amount equal to the difference between the permitted levy and
the revenue. The amount reduced is annually appropriated to the
department of education for aid payments under this subdivision.
Sec. 32. Minnesota Statutes 1990, section 124.2721, is
amended by adding a subdivision to read:
Subd. 5a. [USES OF REVENUE.] For fiscal year 1994 and
thereafter, education district revenue shall be used only for
one or more of the following purposes:
(1) purchase educational programs offered by another school
district, education district, secondary vocational cooperative,
special education cooperative, intermediate school district,
joint powers board, or an ECSU;
(2) provide educational programs offered by an education
district;
(3) provide additional revenue for early childhood family
education programs, head start programs, or other educational
programs for children who have not entered kindergarten;
(4) provide additional revenue for early childhood health
and developmental screening or other health services for
children from birth through 12th grade;
(5) provide services needed by pupils described in section
126.22 or children of any age who have characteristics, as
designated by the district, that may interfere with learning and
developing;
(6) provide secondary course offerings if the courses have
specific learner outcomes and teachers participate in
determining the outcomes;
(7) provide preparation time for elementary teachers or
additional revenue for staff development for outcome-based
education or site-based decision making;
(8) provide revenue for expenditures related to
interdistrict cooperation according to section 122.541,
agreements for secondary education according to section 122.535,
additional revenue for cooperation and combination according to
sections 122.241 to 122.248, dissolution and attachment
according to section 122.22, or consolidation according to
section 122.23;
(9) provide additional revenue for education programs for
adults to earn high school diplomas or equivalency certificates;
(10) collaborate with local health and human service
agencies to provide comprehensive and coordinated services for
children and families;
(11) implement a career teacher program according to
sections 124C.27 to 124C.31;
(12) provide extended day programs for children in
elementary school;
(13) pay fees charged by a regional management information
center, according to section 121.935, subdivision 6, or an
educational cooperative service unit, according to section
123.58, subdivision 9; or
(14) make repairs or improvements to buildings as required
by a fire safety inspection according to section 121.1502.
The school district may provide the programs and services
itself or contract with a public education organization or a
public or private health or human service organization. The
school district shall not use education district revenue to
increase the salaries of the employees of the school district.
Sec. 33. Minnesota Statutes 1990, section 124.2721, is
amended by adding a subdivision to read:
Subd. 5b. [FUND TRANSFER AUTHORIZED.] For fiscal year 1994
and thereafter, notwithstanding section 121.912, a district
using the education district revenue for fire safety
improvements required by fire inspections shall transfer each
year the amount needed to make the improvements from the general
fund to the capital expenditure fund. A district using
education district revenue for purposes that would otherwise be
paid from the community service fund shall transfer each year
the amount needed from the general fund to the community service
fund.
Sec. 34. Minnesota Statutes 1990, section 124.2725,
subdivision 4, is amended to read:
Subd. 4. [INCREASING LEVY.] (a) For districts that combine
without cooperating, the percentage in subdivision 3, clause
(2), shall be:
(1) 50 percent for the first year of combination; and
(2) 25 percent for the second year of combination.
(b) For districts that combine after one year of
cooperation, the percentage in subdivision 3, clause (2), shall
be:
(1) 100 percent for the first year of cooperation;
(2) 75 percent for the first year of combination;
(3) 50 percent for the second year of combination; and
(4) 25 percent for the third year of combination.
(b) (c) For districts that combine after two years of
cooperation, 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.
Sec. 35. Minnesota Statutes 1990, section 124.2725,
subdivision 5, is amended to read:
Subd. 5. [COOPERATION AND COMBINATION AID.] (a) Districts
that combine without cooperating shall receive cooperation and
combination aid for the first two years of combination.
Cooperation and combination aid shall not be paid after two
years of combining.
(b) Districts that combine after one year of cooperation
shall receive cooperation and combination aid for the first year
of cooperation and three years of combination. Cooperation and
combination aid is equal to the difference between the
cooperation and combination revenue and the cooperation and
combination levy. Aid shall not be paid after three years of
combining.
(b) (c) Districts that combine after two years of
cooperation shall receive 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
the cooperation and combination levy. Aid shall not be paid
after two years of combining.
(d) In each case, cooperation and combination aid is equal
to the difference between the cooperation and combination
revenue and the cooperation and combination levy.
Sec. 36. Minnesota Statutes 1990, section 124.2725,
subdivision 6, is amended to read:
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 according to the following:
(1) for districts that combine without cooperating, $100
times the actual pupil units in the district in the first year
of combination; or
(2) for districts that combine after one year of
cooperation, $100 times the actual pupil units in each district
for the first year of cooperation, for each resident and
nonresident pupil receiving instruction in the cooperating
district, and $100 times the actual pupil units in the combined
district for the first year of combination; or
(3) for districts that combine after two years of
cooperation, $100 times the actual pupil units in each district
for the first year of cooperation, for each resident and
nonresident pupil receiving instruction in the cooperating
district, and $100 times the actual pupil units in the combined
district for the first year of combination.
Sec. 37. Minnesota Statutes 1990, section 124.2725,
subdivision 8, is amended to read:
Subd. 8. [PERMANENT REVENUE.] (a) For the third year of
combination and thereafter, When a combined district is no
longer eligible for aid under subdivision 5, it may receive
revenue according to this subdivision. A combined district that
is not a member of an education district that receives revenue
under section 124.2721 may levy each year the lesser of
(i) $50 times the actual pupil units in the combined
district; or
(ii) $50,000.
(b) A combined district that is a member of an education
district receiving revenue under section 124.2721 must not
receive revenue under this subdivision.
Sec. 38. Minnesota Statutes 1990, section 124.2725,
subdivision 10, is amended to read:
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. Revenue
for cooperating districts subject to the limitation in this
subdivision shall be allocated according to the number of pupil
units in the districts.
Sec. 39. [124.2727] [INTERMEDIATE DISTRICT REVENUE.]
Subdivision 1. [ELIGIBILITY.] A school district is
eligible for intermediate school district revenue if the
property in the school district was subject to taxation by or on
behalf of an intermediate school district for taxes payable in
1991. Independent school district Nos. 138 and 141 are eligible
for intermediate school district revenue upon joining
intermediate district No. 916.
Subd. 2. [REVENUE.] Intermediate school district revenues
for an eligible school district are equal to the product of:
(1) the greater of:
(i) the quotient obtained by dividing five-sixths of the
levy certified by the intermediate school district for taxes
payable in 1989 by the sum of the actual pupil units of the
eligible school districts for the fiscal year to which the levy
is attributable; or
(ii) $50, times
(2) the actual pupil units in the school district for the
year to which the levy is attributable.
Subd. 3. [LEVY.] The intermediate school district levy for
an eligible school district is equal to the product of:
(1) the quotient obtained by dividing the sum of the
amounts computed in subdivision 2 for all eligible member
districts of the intermediate school district by the total
adjusted net tax capacity of the intermediate school district;
times
(2) the adjusted net tax capacity of the school district.
Subd. 4. [REVENUE ADJUSTMENTS.] The intermediate school
district revenue adjustment for an eligible school district is
equal to the intermediate school district revenue minus the
intermediate school district levy times the ratio of the actual
amount levied to the permitted levy. If the permitted
intermediate school district levy exceeds the intermediate
school district revenue, the department shall reduce other aid
due the district by the amount equal to the difference between
the permitted levy and the revenue. The amount reduced is
annually appropriated to the department of education for revenue
adjustments under this subdivision.
Subd. 5. [REVENUE USES.] Five-elevenths of the proceeds of
the revenue must be used for special education and six-elevenths
of the proceeds of the revenue must be used for secondary
vocational education. The district may provide special
education or secondary vocational education, or both. The
district may purchase some or all of either type of education
from the intermediate district, another school district, or any
other provider.
Subd. 6. [ALTERNATIVE LEVY AUTHORITY.] (a) An intermediate
school district may levy, as a single taxing district, according
to this paragraph, an amount that may not exceed the greater of:
(1) five-sixths of the levy certified for taxes payable in
1989; or
(2) the lesser of (i) $50 times the actual pupil units in
each participating district for the fiscal year to which the
levy is attributable, or (ii) 1.43 percent of the adjusted net
tax capacity. The levy shall be certified according to section
275.07. Upon such certification, the county auditors shall levy
and collect the levies and remit the proceeds of the levy to the
intermediate school district. The levies shall not be included
in computing the limitation upon the levy of any of the
participating districts.
(b) Five-sixths of the proceeds of the levy shall be used
for special education. Six-elevenths of the proceeds of the
levy shall be used for secondary vocational education.
(c) To levy according to paragraph (a), a majority of the
full membership of the school board of each member of the
intermediate school district shall adopt a resolution in August
of any year stating its decision not to levy according to this
section and authorizing the intermediate district to levy
according to paragraph (a). Any member district may adopt a
resolution by the following February 1 or February 1 of any
subsequent year to levy as a school district the amount
authorized by this section. The resolution may or may not also
contain the school board's decision to withdraw from the
intermediate school district or to cease participating in or
providing financial support for any of the services or
activities of the intermediate school district. Upon withdrawal
from or cessation of participation in or support for the
services or activities of the intermediate district, the board
of the intermediate district shall pay to the district $50 times
the number of actual pupil units in the school district, or a
prorated amount if the member district ceases participation in
or providing financial support for any activities or services of
the intermediate district.
Sec. 40. Minnesota Statutes 1990, section 124.493, is
amended by adding a subdivision to read:
Subd. 3. [APPLICATIONS.] Districts that apply for a
cooperative secondary facilities grant after May 1, 1991, shall:
(1) submit a plan as set forth in section 122.242 for
approval by the state board of education; and
(2) comply with the provisions of sections 122.243 to
122.247, applicable to combined districts.
The districts are not eligible for cooperation and
combination revenue under section 124.2725. Sections 124.494,
124.4945, and 124.4946 do not apply to districts applying for a
grant after May 1, 1991, except for provisions in the sections
relating to acquiring, constructing, remodeling, or improving a
building or site of a cooperative secondary facility.
Sec. 41. Minnesota Statutes 1990, section 124.575, is
amended by adding a subdivision to read:
Subd. 1a. [ELIGIBILITY.] Beginning in fiscal year 1994 a
school district is eligible for secondary vocational cooperative
revenue if the school district certified a levy for secondary
vocational cooperative revenue in 1992 for taxes payable in
1993. The pupil units of a district that is a member of
intermediate school district No. 287, 916, or 917 may not be
used to obtain revenue under this section. The pupil units of a
district may not be used to obtain revenue under this section
and section 124.2721.
Sec. 42. Minnesota Statutes 1990, section 124.575, is
amended by adding a subdivision to read:
Subd. 2a. [REVENUE.] For fiscal year 1994 and thereafter,
secondary vocational cooperative revenue shall be $20 times the
actual pupil units in the district.
Sec. 43. Minnesota Statutes 1990, section 124.575, is
amended by adding a subdivision to read:
Subd. 3a. [LEVY.] Beginning with the levy attributable to
fiscal year 1994 and thereafter, the secondary vocational
cooperative levy for a school district is equal to the following:
(1) the sum of the secondary vocational cooperative revenue
according to subdivision 2 for all member school districts of
the secondary vocational cooperative according to subdivision 1, times
(2) the lesser of
(a) one, or
(b) the ratio of the adjusted net tax capacity 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 .78 percent,times
(3) the ratio of the adjusted net tax capacity of the
school district to the total adjusted net tax capacity of the
secondary vocational cooperative.
Sec. 44. Minnesota Statutes 1990, section 124.575, is
amended by adding a subdivision to read:
Subd. 4a. [AID.] For fiscal year 1994 and thereafter,
secondary vocational cooperative aid equals the secondary
vocational cooperative revenue minus the secondary vocational
cooperative levy, times the ratio of the actual amount levied to
the permitted levy. If the permitted amount of the secondary
vocational cooperative levy exceeds the secondary vocational
cooperative revenue, the department shall reduce other aids due
the district by the amount equal to the difference between the
permitted levy and the revenue. The amount reduced is annually
appropriated to the department of education for aid payments
under this subdivision.
Sec. 45. Minnesota Statutes 1990, section 124.575, is
amended by adding a subdivision to read:
Subd. 5. [USE OF REVENUE.] Secondary vocational
cooperative revenue shall be used to provide or purchase
vocational offerings, special education for handicapped pupils,
or other educational programs or services offered by a secondary
vocational center, school district, or other provider.
Sec. 46. 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 per actual pupil unit, the total 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 proceeds of the levy must be
used to finance school operations. The ballot shall designate a
specific number of years for which the referendum authorization
applies which may not exceed five years. 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 An approved, the amount provided by the approved
local tax rate applied to the net tax capacity per actual pupil
unit times the number of actual pupil units in the education
district for the fiscal 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 tax 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 days after the education district holds a
referendum according to this subdivision, 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 may levy an amount up to
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. 47. Minnesota Statutes 1990, section 136D.22, is
amended by adding a subdivision to read:
Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by an
agreement or otherwise to participate in or provide financial
support for an intermediate school district for a time period in
excess of one fiscal year. Any agreement, part of an agreement,
or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred by the intermediate school
district before the effective date of this section. The school
district is liable only until the obligation or debt is
discharged and only according to the payment schedule in effect
on the effective date of this section, except that the payment
schedule may be altered for the purpose of restructuring debt or
refunding bonds outstanding on the effective date of this
section if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
intermediate district or to withdraw from the intermediate
district, the school board shall adopt a resolution and notify
the intermediate board of its decision on or before February 1
of any year. The cessation or withdrawal shall be effective
June 30 of the same year or, at the option of the school board,
June 30 of the following fiscal year.
(d) Before issuing bonds or incurring other debt, the board
of an intermediate district shall adopt a resolution proposing
to issue bonds or incur other debt and the proposed financial
effect of the bonds or other debt upon each participating school
district. The resolution shall be adopted within a time
sufficient to allow the school board to adopt a resolution
within the time permitted by this paragraph and to comply with
the statutory deadlines set forth in article 9, section 33, and
sections 125.12 and 125.17. The intermediate board shall notify
each participating school board of the contents of the
resolution. Within 120 days of receiving the resolution of the
intermediate board, the school board of the participating
district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the intermediate
district.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the intermediate district. A school
board adopting a resolution according to clause (2) is not
liable for the bonded indebtedness or other debt, as proposed by
the board of the intermediate district, related to the services
or activities in which the school district ceases participating
or providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the board of the
intermediate district.
(e) After the effective date of this section, a school
district is liable according to paragraph (d) for its share of
bonded indebtedness or other debt incurred by the intermediate
district to the extent that the bonds or other debt are directly
related to the services or activities in which the school
district participates or for which the school district provides
financial support. The school district has continued liability
only until the obligation or debt is discharged and only
according to the payment schedule in effect at the time the
board of the intermediate district provides notice to the school
board, except that the payment schedule may be altered for the
purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the outstanding bonds or other debt is not increased.
Sec. 48. [136D.281] [BONDS.]
Subdivision 1. [PURPOSE.] The intermediate school board,
acting in its own behalf, may issue bonds for the acquisition
and betterment of school facilities or equipment or for the
funding or refunding of outstanding bonds, warrants, orders, or
certificates of indebtedness.
Subd. 2. [GENERAL LAW.] Chapter 475 shall be applicable in
all respects.
Subd. 3. [RESOLUTION.] The purpose and the amount of any
borrowing shall first be approved by resolution of the school
board of the intermediate school district. When the resolution
has been adopted by the intermediate school board it shall be
published once in a newspaper of general circulation in said
district.
Subd. 4. [REFERENDUM.] The intermediate school board shall
not sell and issue bonds for acquisition or betterment purposes
until the question of their issuance has been submitted to the
voters of the intermediate school district at a special election
held in and for the intermediate district. The date of the
election, the question to be submitted, and all other necessary
conduct of the election shall be fixed by the intermediate
school board. The election shall be conducted and canvassed
under the direction of the intermediate school board in
accordance with chapter 205A, insofar as applicable.
If a majority of the total number of votes cast on the
question within the intermediate school district is in favor of
the question, the intermediate school board may proceed with the
sale and issuance of the bonds.
Subd. 5. [GENERAL OBLIGATION BONDS.] The full faith,
credit, and unlimited taxing powers of the intermediate school
district shall be pledged to the payment of all bonds and
certificates of indebtedness, and none of the obligations shall
be included in the net debt of any participating school district
as defined by section 475.51, subdivision 4, or any other
similar law.
Subd. 6. [LEVIES FOR PAYMENT.] The intermediate school
board upon awarding a contract for the sale of the bonds shall
certify to the county auditor or county auditors the years and
amounts of taxes required to be levied for the payment of the
bonds as provided by section 475.61. The county auditor shall
cause taxes to be spread in each year until bonds and interest
have been paid upon all of the assessable, taxable valuation of
the intermediate school district.
Subd. 7. [TAX EXEMPT SECURITIES.] In all other respects
chapter 475 shall apply and the bonds shall be deemed authorized
securities within the provisions of section 50.14 and shall be
deemed instruments of a public governmental agency.
Sec. 49. Minnesota Statutes 1990, section 136D.29, is
amended to read:
136D.29 [TERM OF AGREEMENT; DISSOLUTION, BOND TAXES.]
The agreement shall state the term of its duration and may
provide for the method of termination and distribution of assets
after payment of all liabilities of the joint school board. No
termination shall affect the obligation to continue to levy
taxes required for payment of any bonds issued as provided in
section 136D.28 before termination.
Sec. 50. Minnesota Statutes 1990, section 136D.71, is
amended to read:
136D.71 [LISTED DISTRICTS MAY FORM INTERMEDIATE DISTRICT.]
Subdivision 1. [AGREEMENT.] Notwithstanding any other law
to the contrary, two or more of the independent school districts
numbered 12 and 16 of Anoka county, independent school districts
numbered 621, 622, 623, and 624 of Ramsey county, and
independent school districts numbered 832, 833, and 834 of
Washington county, are hereby authorized to enter into an
agreement to establish a special intermediate school district
upon majority vote of the full membership of each of the boards
of the districts entering into the agreement. When such
resolution has been adopted by the board of one of the
districts, it shall be published once in a newspaper of general
circulation in said district. If a petition for referendum on
the question of said district entering into such agreement is
filed with the clerk of the said board within 60 days after
publication of such resolution, signed by the qualified voters
of said district equal to five percent of the number of voters
at the last annual school election. No board shall enter into
such agreement until the question of whether the district shall
enter into the agreement has been submitted to the voters of
said district at a special election. Said election shall be
conducted and canvassed in accordance with chapter 205A.
If a majority of the total number of votes cast on the
question within said district is in favor of the question, the
board of said school district may thereupon proceed to enter
into an agreement to establish the special intermediate school
district for purposes herein described. Such school district so
created shall be known as northeastern metropolitan intermediate
school district, state of Minnesota. The commissioner of
education shall assign an appropriate identification number as
provided by section 122.03.
Subd. 2. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by an
agreement or otherwise to participate in or provide financial
support for an intermediate school district for a time period in
excess of one fiscal year. Any agreement, part of an agreement,
or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred by the intermediate school
district before the effective date of this section. The school
district is liable only until the obligation or debt is
discharged and only according to the payment schedule in effect
on the effective date of this section, except that the payment
schedule may be altered for the purpose of restructuring debt or
refunding bonds outstanding on the effective date of this
section if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
intermediate district or to withdraw from the intermediate
district, the school board shall adopt a resolution and notify
the intermediate board of its decision on or before February 1
of any year. The cessation or withdrawal shall be effective
June 30 of the same year or, at the option of the school board,
June 30 of the following fiscal year.
(d) Before issuing bonds or incurring other debt, the board
of an intermediate district shall adopt a resolution proposing
to issue bonds or incur other debt and the proposed financial
effect of the bonds or other debt upon each participating school
district. The resolution shall be adopted within a time
sufficient to allow the school board to adopt a resolution
within the time permitted by this paragraph and to comply with
the statutory deadlines set forth in article 9, section 33, and
sections 125.12 and 125.17. The intermediate board shall notify
each participating school board of the contents of the
resolution. Within 120 days of receiving the resolution of the
intermediate board, the school board of the participating
district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the intermediate
district.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the intermediate district. A school
board adopting a resolution according to clause (2) is not
liable for the bonded indebtedness or other debt, as proposed by
the board of the intermediate district, related to the services
or activities in which the school district ceases participating
or providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the board of the
intermediate district.
(e) After the effective date of this section, a school
district is liable according to paragraph (d) for its share of
bonded indebtedness or other debt incurred by the intermediate
district to the extent that the bonds or other debt are directly
related to the services or activities in which the school
district participates or for which the school district provides
financial support. The school district has continued liability
only until the obligation or debt is discharged and only
according to the payment schedule in effect at the time the
board of the intermediate district provides notice to the school
board, except that the payment schedule may be altered for the
purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the outstanding bonds or other debt is not increased.
Sec. 51. Minnesota Statutes 1990, 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. The board shall consist consisting of at least one
member from each of the school districts within the special
intermediate school district. Board members shall be members of
the school boards of the respective school districts and shall
be appointed by their respective school boards. Members shall
serve at the pleasure of their respective school boards and may
be subject to recall by a majority vote of the school board.
They shall report at least quarterly to their boards on the
activities of the intermediate district.
Sec. 52. Minnesota Statutes 1990, section 136D.76,
subdivision 2, is amended to read:
Subd. 2. [JOINDER.] An independent school district must
receive the approval of the state board of education and the
state board of technical colleges to become a participant in the
intermediate school district. Thereafter, upon approval of the
majority vote of its board and of the intermediate school
board as well as approval of the state board of education and
without the requirement for an election, independent school
district No. 138 of Chisago and Isanti counties and independent
school district No. 141 of Chisago and Washington counties, and
any other independent school district adjoining the territory
embraced in the intermediate school district may become a
participant in the intermediate school district and be governed
by the provisions of sections 136D.71 to 136D.77 thereafter.
The net tax capacity of the property within the geographic
confines of such district shall become proportionately liable
for any indebtedness issued, outstanding or authorized of the
intermediate school district.
Sec. 53. Minnesota Statutes 1990, section 136D.82, is
amended by adding a subdivision to read:
Subd. 3. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by an
agreement or otherwise to participate in or provide financial
support for an intermediate school district for a time period in
excess of one fiscal year. Any agreement, part of an agreement,
or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred by the intermediate school
district before the effective date of this section. The school
district is liable only until the obligation or debt is
discharged and only according to the payment schedule in effect
on the effective date of this section, except that the payment
schedule may be altered for the purpose of restructuring debt or
refunding bonds outstanding on the effective date of this
section if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
intermediate district or to withdraw from the intermediate
district, the school board shall adopt a resolution and notify
the intermediate board of its decision on or before February 1
of any year. The cessation or withdrawal shall be effective
June 30 of the same year or, at the option of the school board,
June 30 of the following fiscal year.
(d) Before issuing bonds or incurring other debt, the board
of an intermediate district shall adopt a resolution proposing
to issue bonds or incur other debt and the proposed financial
effect of the bonds or other debt upon each participating school
district. The resolution shall be adopted within a time
sufficient to allow the school board to adopt a resolution
within the time permitted by this paragraph and to comply with
the statutory deadlines set forth in article 9, section 33, and
sections 125.12 and 125.17. The intermediate board shall notify
each participating school board of the contents of the
resolution. Within 120 days of receiving the resolution of the
intermediate board, the school board of the participating
district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the intermediate
district.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the intermediate district. A school
board adopting a resolution according to clause (2) is not
liable for the bonded indebtedness or other debt, as proposed by
the board of the intermediate district, related to the services
or activities in which the school district ceases participating
or providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the board of the
intermediate district.
(e) After the effective date of this section, a school
district is liable according to paragraph (d) for its share of
bonded indebtedness or other debt incurred by the intermediate
district to the extent that the bonds or other debt are directly
related to the services or activities in which the school
district participates or for which the school district provides
financial support. The school district has continued liability
only until the obligation or debt is discharged and only
according to the payment schedule in effect at the time the
board of the intermediate district provides notice to the school
board, except that the payment schedule may be altered for the
purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the outstanding bonds or other debt is not increased.
Sec. 54. [136D.88] [BONDS.]
Subdivision 1. [PURPOSE.] The intermediate school board,
acting in its own behalf, may issue bonds for the acquisition
and betterment of school facilities or equipment or for the
funding or refunding of outstanding bonds, warrants, orders, or
certificates of indebtedness.
Subd. 2. [GENERAL LAW.] Chapter 475 shall be applicable in
all respects.
Subd. 3. [RESOLUTION.] The purpose and the amount of any
borrowing shall first be approved by resolution of the school
board of the intermediate school district. When the resolution
has been adopted by the intermediate school board it shall be
published once in a newspaper of general circulation in the
district.
Subd. 4. [REFERENDUM.] The intermediate school board shall
not sell and issue bonds for acquisition or betterment purposes
until the question of their issuance has been submitted to the
voters of the intermediate school district at a special election
held in and for the intermediate district. The date of the
election, the question to be submitted, and all other necessary
conduct of the election shall be fixed by the intermediate
school board. The election shall be conducted and canvassed
under the direction of the intermediate school board in
accordance with chapter 205A, insofar as applicable.
If a majority of the total number of votes cast on the
question within the intermediate school district is in favor of
the question, the intermediate school board may thereupon
proceed with the sale and issuance of the bonds.
Subd. 5. [GENERAL OBLIGATION BONDS.] The full faith,
credit, and unlimited taxing powers of the intermediate school
district shall be pledged to the payment of all bonds and
certificates of indebtedness, and none of the obligations shall
be included in the net debt of any participating school district
as defined by section 475.51, subdivision 4, or any other
similar law.
Subd. 6. [LEVIES FOR PAYMENT.] The intermediate school
board upon awarding a contract for the sale of the bonds shall
certify to the county auditor or county auditors the years and
amounts of taxes required to be levied for the payment of the
bonds as provided by section 475.61. The county auditor shall
cause taxes to be spread in each year until bonds and interest
have been paid upon all of the assessable, taxable valuation of
the intermediate school district.
Subd. 7. [TAX EXEMPT SECURITIES.] In all other respects
chapter 475 shall apply and the bonds shall be deemed authorized
securities within the provisions of section 50.14, and shall be
deemed instruments of a public governmental agency.
Sec. 55. Minnesota Statutes 1990, section 136D.90, is
amended to read:
136D.90 [TERM OF AGREEMENT, DISSOLUTION, BOND TAXES.]
Subdivision 1. [TERM OF AGREEMENT AND TERMINATION.] The
agreement shall state the term of its duration and may provide
for the method of termination and distribution of assets after
payment of all liabilities of the joint school board. No
termination shall affect the obligation to continue to levy
taxes required for payment of any bonds issued as provided in
section 136D.89 before termination.
Subd. 2. [WITHDRAWAL.] (a) No school district shall be
required by an agreement or otherwise to participate in or
provide financial support for an intermediate school district
for a time period in excess of one fiscal year. Any agreement,
part of an agreement, or other type of requirement to the
contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred by the intermediate school
district before the effective date of this section. The school
district is liable only until the obligation or debt is
discharged and only according to the payment schedule in effect
on the effective date of this section, except that the payment
schedule may be altered for the purpose of restructuring debt or
refunding bonds outstanding on the effective date of this
section if the annual payments of the school district are not
increased and if the total obligation of the school district for
its share of outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities provided by the
intermediate district or to withdraw from the intermediate
district, the school board shall adopt a resolution and notify
the intermediate board of its decision on or before February 1
of any year. The cessation or withdrawal shall be effective
June 30 of the same year or, at the option of the school board,
June 30 of the following fiscal year.
(d) Before issuing bonds or incurring other debt, the board
of an intermediate district shall adopt a resolution proposing
to issue bonds or incur other debt and the proposed financial
effect of the bonds or other debt upon each participating school
district. The resolution shall be adopted within a time
sufficient to allow the school board to adopt a resolution
within the time permitted by this paragraph and to comply with
the statutory deadlines set forth in article 9, section 33, and
sections 125.12 and 125.17. The intermediate board shall notify
each participating school board of the contents of the
resolution. Within 120 days of receiving the resolution of the
intermediate board, the school board of the participating
district shall adopt a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to withdraw from the intermediate
district.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the board of the intermediate district. A school
board adopting a resolution according to clause (2) is not
liable for the bonded indebtedness or other debt, as proposed by
the board of the intermediate district, related to the services
or activities in which the school district ceases participating
or providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the board of the
intermediate district.
(e) After the effective date of this section, a school
district is liable according to paragraph (d) for its share of
bonded indebtedness or other debt incurred by the intermediate
district to the extent that the bonds or other debt are directly
related to the services or activities in which the school
district participates or for which the school district provides
financial support. The school district has continued liability
only until the obligation or debt is discharged and only
according to the payment schedule in effect at the time the
board of the intermediate district provides notice to the school
board, except that the payment schedule may be altered for the
purpose of refunding the outstanding bonds or restructuring
other debt if the annual payments of the school district are not
increased and if the total obligation of the school district for
the outstanding bonds or other debt is not increased.
Sec. 56. Minnesota Statutes 1990, section 275.125, by
adding a subdivision.
Subd. 11g. [EXTRA CAPITAL EXPENDITURE LEVY FOR INTERACTIVE
TELEVISION.] A school district with its central administrative
office located within economic development region one, two,
three, four, five, seven, eight, and ten may levy up to .5
percent of the adjusted net tax capacity of the district for the
construction, maintenance, and lease costs of an interactive
television system for instructional purposes. The approval by
the commissioner of education and the application procedures set
forth in subdivision 11d shall apply to the levy authority in
this subdivision.
Sec. 57. Laws 1989, chapter 329, article 6, section 53,
subdivision 6, as amended by Laws 1990, chapter 562, article 7,
section 13, is amended to read:
Subd. 6. [TELECOMMUNICATIONS GRANT.] For grants of up to
$20,000 each to independent school districts Nos. 356, 353, 444,
441, 524, 564, 592, 440, 678, 676, 682, 690, 390, 593, 595, 630,
600, 599, 447, 742, 627, 628, 561, and 454 to support
cooperative educational technology programs:
$340,000 ..... 1991.
The amount appropriated shall not cancel but shall be
available until June 30, 1992.
After June 30, 1991, any remaining amount is available for
grants of up to $20,000 each to independent school districts
Nos. 402, 403, 404, 409, 411, 412, 413, 414, 418, 584, 601, 603,
791, 891, and 896. Any other district listed in this section
that have not received a grant prior to June 30, 1991, may apply
for a grant from any remaining amount. The department may
establish a deadline for grant applications.
Sec. 58. [AID PAYMENTS.]
(a) Notwithstanding Minnesota Statutes, section 122.541, or
any other law to the contrary, it is the intent of the
legislature that all pupils residing in independent school
district No. 483, Motley, who are enrolled and attending school
in kindergarten through grade 12 in independent school district
No. 793, Staples, be treated as nonresident pupils enrolled and
attending school in independent school district No. 793,
Staples, under Minnesota Statutes, section 120.062 beginning
with the 1990-1991 school year.
(b) The department of education shall:
(1) determine the amount of state education aid calculated
under Minnesota Statutes, section 120.062, subdivision 12, due
district No. 793 as a result of this section;
(2) reduce state education aid for district No. 483 in an
amount equal to the amount of aid due district No. 793 under
clause (1) plus $110,198.19 for the cost to district No. 793 of
educating 48 resident pupils of district No. 483 who attended
kindergarten through grade 6 in district No. 793 during the
1989-1990 school year; and
(3) deposit the amount of state education aid calculated
under clauses (1) and (2) in a separate account in the state
treasury.
Notwithstanding any law to the contrary, the state
treasurer shall use the revenue deposited in the account under
clause (3) to pay to independent school district No. 793 that
amount of state education aid, plus a proportionate share of the
interest earned on the account, representing partial or total
satisfaction of any final judgment entered against independent
school district No. 483 in the cases of independent school
district No. 483, Motley v. Tom Nelson, in his official capacity
as commissioner of education, file numbers C8-90-9736 and
C6-90-2671, and independent school district No. 793 v. Ervin
Bjergarfile number C6-90-2059, after all time for appeal from
the judgments has expired. The treasurer shall pay any
remaining revenue plus proportionate interest to independent
school district No. 483. For independent school district No. 793
or independent school district No. 483 to receive payment, the
attorney representing the district shall submit to the state
treasurer a certified copy of the judgment and an affidavit
stating that the judgment is a final judgment and the time for
appeal from the judgment has expired.
Sec. 59. [RUSHFORD-PETERSON FUND TRANSFER AUTHORIZATION.]
Independent school district No. 239, Rushford-Peterson, may
make permanent transfers between any of the funds in the
district, with the exception of the debt redemption fund, during
the 90 days following the effective date of this section.
Sec. 60. [REVENUE ADJUSTMENTS.]
(a) The department of education shall adjust the 1991
payable 1992 levy for each school district by the amount of the
change in the district's education district levy for fiscal year
1992 according to Minnesota Statutes, section 124.2721,
subdivision 3, resulting from the change to education district
revenue under this article. Notwithstanding Minnesota Statutes,
section 121.904, the entire amount of this levy shall be
recognized as revenue for fiscal year 1992.
(b) The department of education shall adjust the 1991
payable 1992 levy for each member district of an intermediate
district that levies according to section 39, subdivision 3, by
the amount of the change in the school district's intermediate
district levy for fiscal year 1992 according to section 39,
subdivision 3, resulting from the change to intermediate
district revenue under this article. Notwithstanding Minnesota
Statutes, section 121.904, the entire amount of this levy shall
be recognized as revenue for fiscal year 1992.
The department of education shall adjust the 1991 payable
1992 levy for each intermediate district that levies according
to section 39, subdivision 6, by the amount of the change in the
intermediate district's levy for fiscal year 1992 according to
section 39, subdivision 2, resulting from the change to
intermediate district revenue under this article.
Notwithstanding Minnesota Statutes, section 121.904, the entire
amount of this levy shall be recognized as revenue for fiscal
year 1992.
Sec. 61. [DISTRICTS WITH SECONDARY EDUCATION AGREEMENTS.]
A district that has had an agreement for secondary
education according to Minnesota Statutes, section 122.535, with
one or more districts continuously since the 1987-1988 school
year is eligible for cooperation and combination revenue if it
meets the requirements of Minnesota Statutes, sections 122.241
to 122.248, not later than the first year of cooperation. The
department of education shall extend the deadline for submitting
a plan in 1991.
Sec. 62. [FINLAYSON AND HINCKLEY COOPERATION AND
COMBINATION.]
Independent school district Nos. 570, Finlayson, and 573,
Hinckley, may cooperate and combine under Minnesota Statutes,
sections 122.241 to 122.248, and receive revenue under Minnesota
Statutes, section 124.2725, even if the districts are not
contiguous. The districts shall comply with all other
requirements for cooperation and combination.
Sec. 63. [APPLICABILITY.]
The provisions relating to capital loans for cooperating
and combining districts apply to all districts that have
contracts for capital loans the day following final enactment of
this act.
Sec. 64. [PREK-12 AND COMMUNITY EDUCATION SERVICE DELIVERY
SYSTEM.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to design and implement a statewide delivery system for
educational services that will reduce the number of different
cooperative organizations and the multiple levels of
administration that accompany those organizations.
Subd. 2. [SCOPE OF THE SYSTEM.] (a) A new statewide
delivery system must be designed and implemented by the state
board of education by June 30, 1995, for all prekindergarten
through grade 12 and community education services provided by
the organizations enumerated in this paragraph:
(1) the Minnesota department of education;
(2) educational cooperative service units established under
Minnesota Statutes, section 123.58;
(3) intermediate school districts established under
Minnesota Statutes, chapter 136D;
(4) education districts established under Minnesota
Statutes, section 122.91;
(5) regional management information centers established
under Minnesota Statutes, section 121.935;
(6) secondary vocational cooperatives established under
Minnesota Statutes, section 123.351;
(7) special education cooperatives established under
Minnesota Statutes, section 120.17 or 471.59;
(8) technology cooperatives; and
(9) other joint powers agreements established under
Minnesota Statutes, section 471.59.
(b) The state board shall compile a list of services and
programs provided or administered by each type of organization
listed in paragraph (a), clauses (1) to (9).
Subd. 3. [REQUIREMENTS FOR THE SYSTEM.] The new statewide
delivery system must provide for no more than three
organizations for education service delivery:
(1) a school district, as defined in Minnesota Statutes,
chapter 123;
(2) an area education organization to provide those
programs and services most efficiently and effectively provided
through a joint effort of school districts; and
(3) a state level administrative organization comprised of
a state board of education and a state department of education
with central and regional delivery centers.
Subd. 4. [LOCAL SCHOOL DISTRICT PLANNING.] To assist the
state board in designing a new education delivery system as
described in subdivision 3, each school district shall develop a
plan for the efficient and effective delivery of educational
programs and services within the new education delivery system.
The plan developed by each district must contain the following
components enumerated in this subdivision:
(1) a list of necessary services provided by the
organizations listed in subdivision 2;
(2) a description of the necessary services to be provided
by the school district, the area education organization, and the
central and regional delivery centers of the department of
education described in subdivision 3;
(3) a specification of the optimal number of school
districts and number of pupils that an area education
organization and regional center of the department of education
should serve;
(4) a method for determining the boundaries of area
education organizations and regional centers of the department;
(5) a description of how services provided in the area
education organizations should be funded;
(6) a determination of the role of the school district, the
area education organization, and the central and regional
centers of the department in ensuring that health and other
social services necessary to maximize a pupil's ability to learn
are provided to pupils; and
(7) any additional information requested by the state board
of education.
In the development of its plan, each district shall confer
with teachers and residents within the district, hold public
meetings as necessary, and inform the public concerning its plan
and any recommendations. School districts must meet jointly to
discuss aspects of the plan which involve multiple school
districts. Each district must submit the plan to the state
board by a date specified by the board. School districts
cooperating under Minnesota Statutes, sections 122.241 to
122.248, 122.535, or 122.541 must submit a joint plan.
Subd. 5. [STATE BOARD OF EDUCATION TO DIRECT LOCAL SCHOOL
DISTRICT PLANNING.] The state board of education shall direct
local school district efforts to develop the plan described in
subdivision 4. To assist school districts in planning, the
board shall provide each school district with the list of
services and programs compiled according to subdivision 2. The
commissioner of education shall provide staff assistance to the
state board as required by the board to direct this planning
process.
Subd. 6. [STATE BOARD OF EDUCATION REPORTS TO THE
LEGISLATURE.] (a) The state board of education shall set a date
by which school districts must submit their plan to the board.
The board shall report to the legislature by February 1, 1992,
on school district progress in the planning process. The board
shall make a final report to the legislature by January 1,
1993. The final report must contain recommendations for the
design of an education service delivery system in accordance
with this section and recommendations for legislation required
to implement the system.
(b) The report must include recommendations specifying at
which organizational level of the education delivery system
described in subdivision 3 collective bargaining could take
place most effectively and efficiently. The board must consult
with the bureau of mediation services in developing these
recommendations.
(c) The final report must include recommendations of the
legislative commission on children, youth, and their families
established according to article 8, section 1 on coordinating
local health, correctional, educational, job, and human services
to improve the efficiency and effectiveness of services to
children and families and to eliminate duplicative and
overlapping services.
Sec. 65. [EARLY RECOGNITION OF COOPERATION REVENUE.]
Independent school district Nos. 543, Deer Creek, and 819,
Wadena, may recognize cooperation revenue received for fiscal
year 1993 according to Minnesota Statutes, section 124.2725,
subdivision 6, in fiscal year 1992.
Sec. 66. [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 according to Minnesota Statutes, section 124.2721:
$2,798,000 ..... 1992
$2,290,000 ..... 1993
The 1992 appropriation includes $555,000 for 1991 and
$2,243,000 for 1992.
The 1993 appropriation includes $395,000 for 1992 and
$1,895,000 for 1993. * (The language "$1,895,000 for 1993" was
vetoed by the governor.)
Subd. 3. [COOPERATION AND COMBINATION AID.] For aid for
districts that cooperate and combine according to Minnesota
Statutes, section 124.2725:
$2,327,000 ..... 1992
$4,148,000 ..... 1993
The 1992 appropriation includes $210,000 for 1991 and
$2,116,000 for 1992.
The 1993 appropriation includes $373,000 for 1992 and
$3,775,000 for 1993.
Subd. 4. [SECONDARY VOCATIONAL COOPERATIVE AID.] For
secondary vocational cooperative aid according to Minnesota
Statutes, section 124.575:
$178,000 ..... 1992
$165,000 ..... 1993
The 1992 appropriation includes $24,000 for 1991 and
$154,000 for 1992.
The 1993 appropriation includes $27,000 for 1992 and
$138,000 for 1993. * (The language "$138,000 for 1993" was
vetoed by the governor.)
Subd. 5. [EDUCATIONAL COOPERATIVE SERVICE UNITS.] For
educational cooperative service units:
$748,000 ..... 1992
$748,000 ..... 1993
The 1992 appropriation includes $112,000 for 1991 and
$636,000 for 1992.
The 1993 appropriation includes $112,000 for 1992 and
$636,000 for 1993.
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 ensure 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 part 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 ..... 1992
$3,411,000 ..... 1993
$356,000 each year is for software support of the ESV
information system.
Sec. 67. [REPEALER.]
Subdivision 1. [JULY 1, 1991.] Minnesota Statutes 1990,
124C.02; 136D.27, subdivision 1; 136D.74, subdivision 2;
136D.87, subdivision 1; and 275.125, subdivisions 8d, are
repealed.
Subd. 2. [IMMEDIATE.] Minnesota Statutes 1990, sections
124.493, subdivision 2; 136D.28; 136D.30; 136D.89; 136D.91; and
Laws 1990, chapter 562, article 6, section 36, are repealed.
The repeal of Minnesota Statutes, sections 136D.28 and
136D.89, shall not affect any rights or duties relating to bonds
issued according to the repealed sections.
Subd. 3. [July 1, 1993.] Minnesota Statutes 1990, sections
121.935, subdivision 5; 121.91, subdivision 7; 122.945,
subdivision 4; 124.2721, subdivision 3a; and 124.535,
subdivision 3a.
Sec. 68. [EFFECTIVE DATE.]
Sections 2, 3, 6, 7, 8, 9, 12, 14, 16, and 17 are effective
for school districts with an effective date of reorganization
according to Minnesota Statutes, section 122.22 or 122.23 after
June 30, 1990, and for school districts that certified a levy
according to Minnesota Statutes, section 124.2725 after July 1,
1989.
Sections 39, 47, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58,
59, and 67, subdivision 2, are effective the day following final
enactment.
Sections 4, 5, 20, 22, 23, 24, 25, 26, 28, 30, 31, 32, 33,
41, 42, 43, 44, 45, and 67, subdivision 3, are effective July 1,
1993.
Sec. 69. [RETROACTIVE EFFECT.]
Notwithstanding the effective date of Laws 1990, chapter
562, article 6, section 6, a district shall pay severance pay,
according to section 18, to a teacher who was placed on
unrequested leave of absence as a result of an agreement for
secondary education according to Minnesota Statutes 1990,
section 122.535, effective on or about the close of the
1989-1990 school year, if the teacher is otherwise eligible
according to section 18. The amount of the severance pay is the
amount specified in section 18.
ARTICLE 7
OTHER AIDS AND LEVIES
Section 1. [120.0111] [MISSION STATEMENT.]
The mission of public education in Minnesota, a system for
lifelong learning, is to ensure individual academic achievement,
an informed citizenry, and a highly productive work force. This
system focuses on the learner, promotes and values diversity,
provides participatory decision-making, ensures accountability,
models democratic principles, creates and sustains a climate for
change, provides personalized learning environments, encourages
learners to reach their maximum potential, and integrates and
coordinates human services for learners.
Sec. 2. Minnesota Statutes 1990, section 120.101, is
amended by adding a subdivision to read:
Subd. 5b. [INSTRUCTIONAL DAYS.] Every child required to
receive instruction according to subdivision 5 shall receive
instruction for at least the number of days per year required in
the following schedule:
(1) 1995-1996, 172;
(2) 1996-1997, 174;
(3) 1997-1998, 176;
(4) 1998-1999, 178;
(5) 1999-2000, 180;
(6) 2000-2001, 182;
(7) 2001-2002, 184;
(8) 2002-2003, 186;
(9) 2003-2004, 188; and
(10) 2004-2005, and later school years, 190.
Sec. 3. Minnesota Statutes 1990, section 121.585,
subdivision 3, is amended to read:
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 the
number of days of instruction required under section 120.101,
subdivision 5b. Hours of instruction that occur after the close
of the instructional year in June shall be attributed to the
following fiscal year.
Sec. 4. Minnesota Statutes 1990, section 121.608, is
amended to read:
121.608 [EDUCATIONAL EFFECTIVENESS PLAN.]
The commissioner of education shall develop a comprehensive
statewide plan for maintaining and improving educational
effectiveness in the schools early childhood family education
programs through secondary education programs. The plan shall
include provisions for the participation of post-secondary
teacher preparation programs and early childhood family
education programs. The plan shall encourage implementation of
educational effectiveness strategies based on research findings
in the area, develop in-service programs for school district
staff, integrate developments in educational technology with
classroom instruction, and develop a mechanism for establishing
a statewide network to coordinate and disseminate information on
research in educational effectiveness. The commissioner may
employ consultants and specialists to assist in the development
of the plan, and, to the extent possible, shall utilize the
information provided by the planning, evaluation, and reporting
process and the statewide assessment program. The plan shall be
revised as necessary.
Sec. 5. Minnesota Statutes 1990, section 121.609,
subdivision 2, is amended to read:
Subd. 2. [RESEARCH AND DEVELOPMENT OF IN-SERVICE PROGRAM.]
The commissioner shall administer a research and development
program of educational effectiveness and outcome-based education
in-service. The advisory task force established in subdivision
1 may recommend modifications in the in-service program as
necessary.
Sec. 6. [121.831] [LEARNING READINESS PROGRAMS.]
Subdivision 1. [ESTABLISHMENT.] A district or a group of
districts may establish a learning readiness program for
eligible children.
Subd. 2. [CHILD ELIGIBILITY.] A child is eligible to
participate in a learning readiness program if the child is:
(1) at least four years old but has not entered
kindergarten; and
(2) has participated or will participate in an early
childhood screening program according to section 123.702.
A child may participate in a program provided by the
district in which the child resides or by any other district.
Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness
program shall include the following:
(1) a comprehensive plan to coordinate social services to
provide for the needs of participating families and for
collaboration with agencies or other community-based
organizations providing services to families with young
children;
(2) a development and learning component to help a child
develop socially, intellectually, physically, and emotionally in
a manner appropriate to the child;
(3) health referral services to address the medical,
dental, mental health, and nutritional needs of the children;
(4) a nutrition component to meet the nutritional needs of
the children; and
(5) involvement of parents in the educational, health,
social service, and other needs of the children.
Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness
programs may include the following:
(1) an individualized service plan to meet the individual
needs of each child;
(2) participation by families who are representative of the
racial, cultural, and economic diversity of the community;
(3) parent education to increase parents' knowledge,
understanding, skills, and experience in child development and
learning;
(4) substantial parent involvement, that may include
developing curriculum or serving as a paid or volunteer
educator, resource person, or other staff;
(5) identification of the needs of families with respect to
the child's learning readiness;
(6) a plan to expand collaboration with public
organizations, businesses, nonprofit organizations, or other
private organizations to promote the development of a
coordinated system of services available to all families with
eligible children;
(7) coordination of treatment and follow-up services for
all identified physical and mental health problems;
(8) staff and program resources, including interpreters,
that reflect the racial and ethnic population of the children in
the program;
(9) transportation for eligible children and their parents
for whom other forms of transportation are not available or
would constitute an excessive financial burden; and
(10) substantial outreach efforts to assure participation
by families with greatest needs.
Subd. 5. [PURCHASE OR CONTRACT FOR SERVICES.] Whenever
possible, a district may contract with a public organization or
nonprofit organization providing developmentally appropriate
services meeting one or more of the program requirements in
subdivision 3, clauses (1) to (4). A district may also pay
tuition or fees to place an eligible child in an existing
program or establish a new program. Services may be provided in
a site-based program or in the home of the child or a
combination of both. The district may not limit participation
to residents of the district.
Subd. 6. [COORDINATION WITH OTHER PROVIDERS.] The district
shall optimize coordination of the learning readiness program
with existing service providers located in the community. To
the extent possible, resources shall follow the children based
on the services needed, so that children have a stable
environment and are not moved from program to program.
Subd. 7. [ADVISORY COUNCIL.] Each learning readiness
program shall have an advisory council which shall advise the
school board in creating and administering the program and shall
monitor the progress of the program. The council shall ensure
that children at greatest risk receive appropriate services.
The school board shall:
(1) appoint parents of children enrolled in the program who
represent the racial, cultural, and economic diversity of the
district and representatives of early childhood service
providers as representatives to an existing advisory council; or
(2) appoint a joint council made up of members of existing
boards, parents of participating children, and representatives
of early childhood service providers.
Subd. 8. [PRIORITY CHILDREN.] The district shall give high
priority to providing services to eligible children identified,
through a means such as the early childhood screening process,
as being developmentally disadvantaged or experiencing risk
factors that could impede their learning readiness.
Subd. 9. [CHILD RECORDS.] A record of a child's progress
and development shall be maintained in the child's cumulative
record while enrolled in the learning readiness program. The
cumulative record shall be used for the purpose of planning
activities to suit individual needs and shall become part of the
child's permanent record.
Subd. 10. [SUPERVISION.] A program provided by a school
board shall be supervised by a licensed early childhood teacher
or a certified early childhood educator. A program provided
according to a contract between a school district and a
nonprofit organization or another private organization shall be
supervised according to the terms of the contract.
Subd. 11. [DISTRICT STANDARDS.] The school board of the
district shall develop standards for the learning readiness
program.
Subd. 12. [PROGRAM FEES.] A district may adopt a sliding
fee schedule based on a family's income but shall waive a fee
for a participant unable to pay. The fees charged must be
designed to enable eligible children of all socioeconomic levels
to participate in the program.
Subd. 13. [ADDITIONAL REVENUE.] A district or an
organization contracting with a district may receive money or
in-kind services from a public or private organization.
Sec. 7. Minnesota Statutes 1990, section 123.3514,
subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section, an
"eligible institution" means a Minnesota public post-secondary
institution, a private, nonprofit two-year trade and technical
school granting associate degrees, or a private, residential,
two-year or four-year, liberal arts, degree-granting college or
university located in Minnesota. "Course" means a course or
program.
Sec. 8. Minnesota Statutes 1990, section 123.3514, is
amended by adding a subdivision to read:
Subd. 11. [PUPILS AT A DISTANCE FROM AN ELIGIBLE
INSTITUTION.] A pupil who is enrolled in a secondary school that
is located 40 miles or more from the nearest eligible
institution may request that the resident district offer at
least one accelerated or advanced academic course within the
resident district in which the pupil may enroll for
post-secondary credit. A pupil may enroll in a course offered
under this subdivision for either secondary or post-secondary
credit according to subdivision 5.
A district must offer an accelerated or advanced academic
course for post-secondary credit if one or more pupils requests
such a course under this subdivision. The district may decide
which course to offer, how to offer the course, and whether to
offer one or more courses. The district must offer at least one
such course in the next academic period and must continue to
offer at least one accelerated or advanced academic course for
post-secondary credit in later academic periods.
Sec. 9. Minnesota Statutes 1990, section 123.951, is
amended to read:
123.951 [SCHOOL SITE MANAGEMENT AGREEMENT.]
(a) A school board may enter into an agreement with a
school site management team concerning the governance,
management, or control of a any school in the district. Upon a
written request from a proposed school site management team, an
initial school site management team shall be appointed by the
school board and shall may include the school principal,
representatives of teachers in the school, representatives of
other employees in the school, representatives of parents of
pupils in the school, representatives of pupils in the school,
representatives of other members in the community, and or others
determined appropriate by the board. The permanent school site
management team shall consist of at least include the school
principal and representatives elected by each group represented
on the initial team or other person having general control and
supervision of the school.
The school board may delegate any of its powers or duties
to the school site management team.
(b) School site management agreements must focus on
creating management teams and in involving staff members in
decision making.
(c) An agreement may include:
(1) a strategic plan for districtwide decentralization of
resources developed through staff participation;
(2) a decision-making structure that allows teachers to
identify problems and the resources needed to solve them; and
(3) a mechanism to allow principals, or other persons
having general control and supervision of the school, to make
decisions regarding how resources are best allocated and to act
as advocates for additional resources on behalf of the entire
school.
(d) Any powers or duties not specifically delegated to the
school site management team in the school site management
agreement shall remain with the school board.
(e) Approved agreements shall be filed with the
commissioner. If a school board denies a request to enter into
a school site management agreement, it shall provide a copy of
the request and the reasons for its denial to the commissioner.
Sec. 10. Minnesota Statutes 1990, section 124.19,
subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTIONAL TIME.] Every district shall
maintain school in session or provide instruction in other
districts for at least 175 the number of days required in
subdivision 1b, not including summer school, or the equivalent
in a district operating a flexible school year program. A
district that holds school for the required minimum number of
days and is otherwise qualified is entitled to state aid as
provided by law. If school is not held for the required minimum
number of days, state aid shall be reduced by the ratio that the
difference between 175 the required number of days and the
number of days school is held bears to 175 the required number
of days, multiplied by 60 percent of the basic revenue, as
defined in section 124A.22, subdivision 2, of the district for
that year. However, districts maintaining school for fewer than
the required minimum number of days do not lose state aid (1) if
the circumstances causing loss of school days below the required
minimum number of days are beyond the control of the board, (2)
if proper evidence is submitted, and (3) if a good faith attempt
made to make up time lost due to these circumstances. The loss
of school days resulting from a lawful employee strike shall not
be considered a circumstance beyond the control of the board.
Days devoted to meetings authorized or called by the
commissioner may not be included as part of the required minimum
number of days of school. For grades 1 to 12, not more than
five days may be devoted to parent-teacher conferences,
teachers' workshops, or other staff development opportunities as
part of the required minimum number of days must not exceed the
difference between the number of days required in subdivision 1b
and the number of instructional days required in subdivision
1b. For kindergarten, not more than ten days may be devoted to
parent-teacher conferences, teachers' workshops, or other staff
development opportunities as part of the required minimum number
of days must not exceed twice the number of days for grades 1 to
12.
Sec. 11. Minnesota Statutes 1990, section 124.19, is
amended by adding a subdivision to read:
Subd. 1b. [REQUIRED DAYS.] Each district shall maintain
school in session or provide instruction in other districts for
at least the number of days required for the school years listed
below:
(1) 1995-1996, 177;
(2) 1996-1997, 179;
(3) 1997-1998, 181;
(4) 1998-1999, 183;
(5) 1999-2000, 185;
(6) 2000-2001, 187;
(7) 2001-2002, 189;
(8) 2002-2003, 191;
(9) 2003-2004, 193; and
(10) 2004-2005, and later school years, 195.
Sec. 12. Minnesota Statutes 1990, section 124.19,
subdivision 7, is amended 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 124C.49.
(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.
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 paid for each hour of teacher contact time and each hour of
independent study time completed toward a credit necessary for
graduation. Average daily membership for a pupil shall equal
the number of hours of teacher contact time and independent
study time divided by 1,020 hours the product of the number of
instructional days required for that year and six, but not more
than one, except as otherwise provided in section 121.585.
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.
Sec. 13. [124.2615] [LEARNING READINESS AID.]
Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February
15, 1991, for the 1991-1992 school year or by January 1 of
subsequent school years, a district must submit to the
commissioners of education, health, human services, and jobs and
training:
(1) a description of the services to be provided;
(2) a plan to ensure children at greatest risk receive
appropriate services;
(3) a description of procedures and methods to be used to
coordinate public and private resources to maximize use of
existing community resources, including school districts, health
care facilities, government agencies, neighborhood
organizations, and other resources knowledgeable in early
childhood development;
(4) comments about the district's proposed program by the
advisory council required by section 6, subdivision 7; and
(5) agreements with all participating service providers.
Each commissioner may review and comment on the program,
and make recommendations to the commissioner of education,
within 30 days of receiving the plan.
Subd. 2. [AMOUNT OF AID.] A district is eligible to
receive learning readiness aid if the program plan as required
by subdivision 1 has been approved by the commissioner of
education. For fiscal year 1992, the aid is equal to:
(1) $200 times the number of eligible four-year old
children residing in the district, as determined according to
section 124.2711, subdivision 2; plus
(2) $100 times the result of;
(3) the ratio of the number of pupils enrolled in the
school district from families eligible for the free or reduced
school lunch program to the total number of pupils enrolled in
the school district; times
(4) the number of children in clause (1).
For fiscal year 1993 and thereafter, a district shall
receive learning readiness aid equal to:
(1) $500 times the number of all participating eligible
children; plus
(2) $200 times the number of participating eligible
children identified according to section 6, subdivision 8.
Subd. 3. [USE OF AID.] Learning readiness aid shall be
used only to provide a learning readiness program and may be
used to provide transportation. Not more than five percent of
the aid may be used for the cost of administering the program.
Aid must be used to supplement and not supplant local, state,
and federal funding. Aid may not be used to purchase land or
construct buildings, but may be used to lease or renovate
existing buildings.
Subd. 4. [SEPARATE ACCOUNTS.] The district shall deposit
learning readiness aid in a separate account within the
community education fund.
Sec. 14. [124C.10] [CITATION.]
Sections 15 and 16 may be cited as the Minnesota local
partnership act.
Sec. 15. [124C.11] [PURPOSE OF THE MINNESOTA LOCAL
PARTNERSHIP ACT.]
The purpose of the Minnesota local partnership act is to
design methods to focus on the development and learning of
children and youth in Minnesota in the 1990's and the next
century. Cooperation and collaboration of all services,
including education, health, and human services for children and
youth will be encouraged at the local and state level. The
program will provide incentives to design a system of
child-focused coordinated services to enhance the learning and
development of individual children and youth.
Sec. 16. [124C.12] [MINNESOTA LOCAL PARTNERSHIP PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A program is established
under the direction of the state board of education, with the
cooperation of the commissioners of education, health, and human
services. It is expected that participants and other districts
will become exemplary districts by the year 2000.
Subd. 2. [ELIGIBILITY.] An applicant for revenue may be
any one of the following:
(1) a school district located in a city of the first class
offering a program in cooperation with other districts or by
itself, in one or more areas in the district or in the entire
district;
(2) at least two cooperating school districts located in
the seven-county metropolitan area but not located in a city of
the first class;
(3) a group of school districts that are all members of the
same education district;
(4) an education district;
(5) a group of cooperating school districts none of which
are members of any education district; or
(6) a school district.
Subd. 3. [COMMUNITY EDUCATION COUNCIL.] Each revenue
recipient must establish one or more community education
councils. A community education council may be composed of
elected representatives of local governments, an education
district board, school boards, human service providers, health
providers, education providers, community service organizations,
clergy, local education sites, and local businesses. The
community education council shall plan for the education, human
service, and health needs of the community and collaborative
ways to modify or build facilities for use by all community
residents. A council formed under this subdivision may be an
expansion of and replace the community education advisory
council required by section 121.88, subdivision 2.
Subd. 4. [APPLICATION PROCESS.] To obtain revenue, a
district or districts must submit an application to the state
board in the form and manner established by the state board.
Additional information may be required by the state board.
Subd. 5. [REVENUE.] The state board may award revenue to
up to four applicants. The board may determine the size of the
award based upon the application. Recipients must be located
throughout the state.
Subd. 6. [PROCEEDS OF REVENUE.] Revenue may be used for
initial planning expenses and for implementing child-focused
learning and development programs.
Sec. 17. Minnesota Statutes 1990, section 125.185,
subdivision 4, is amended to read:
Subd. 4. The board shall adopt rules to license public
school teachers and interns subject to chapter 14. The board
shall adopt rules for examination of teachers, as defined in
section 125.03, subdivision 5. The rules may allow for
completion of the examination of skills in reading, writing, and
mathematics before entering or during a teacher education
program. The board shall adopt rules to approve teacher
education programs. The board of teaching shall provide the
leadership and shall adopt rules by October 1, 1988, for the
redesign of teacher education programs to implement a research
based, results-oriented curriculum that focuses on the skills
teachers need in order to be effective. The board shall
implement new systems of teaching education program evaluation
to assure program effectiveness based on proficiency of
graduates in demonstrating attainment of program outcomes.
These rules shall encourage require teacher educators to
work directly with elementary or secondary school teachers in
elementary or secondary schools to obtain a periodic exposure to
the elementary or secondary teaching experience environment.
The board shall also grant licenses to interns and to candidates
for initial licenses. The board shall design and implement an
assessment system which requires candidates for initial
licensure and first continuing licensure to demonstrate the
abilities necessary to perform selected, representative teaching
tasks at appropriate levels. The board shall receive
recommendations from local committees as established by the
board for the renewal of teaching licenses. The board shall
grant life licenses to those who qualify according to
requirements established by the board, and suspend or revoke
licenses pursuant to sections 125.09 and 214.10.
Notwithstanding any law or rule to the contrary, the board shall
not establish any expiration date for application for life
licenses. With regard to vocational education teachers the
board of teaching shall adopt and maintain as its rules the
rules of the state board of education and the state board of
technical colleges.
Sec. 18. Minnesota Statutes 1990, section 125.185,
subdivision 4a, is amended to read:
Subd. 4a. Notwithstanding section 125.05, or any other law
to the contrary, the authority of the board of teaching and the
state board of education to approve teacher education programs
and to issue teacher licenses expires on June 30, 1996. Any
license issued by the board of teaching or the state board of
education after the effective date of this section must expire
by June 30, 1996.
The board of teaching, in cooperation with the state board
of education and the higher education coordinating board, shall
develop policies and corresponding goals for making teacher
education curriculum more consistent with the purpose of state
public education. The revised teacher education curriculum must
be consistent with the board of teaching rules required under
subdivision 4 for redesigning teacher education programs to
implement a research-based, results-oriented curriculum. The
revised teacher education curriculum may include a requirement
that teacher education programs contain a one-year mentorship
program. The mentorship program must provide students with
elementary or secondary teaching experience and appropriate
professional support and evaluation from licensed classroom
teachers, including mentor teachers. By February 1, 1992, the
board of teaching shall provide the education committees of the
legislature with detailed written guidelines, strategies, and
programs to implement the revised teacher education curriculum.
By February 1, 1993, the board of teaching and the state board
of education shall adopt rules under chapter 14 that are
consistent with the guidelines, strategies, and programs
provided to the legislature, including amending board rules
governing the issuing, expiring, and renewing of teacher
licenses.
The higher education coordinating board shall assist the
state's teacher preparation institutions in developing teacher
education curriculum for their students that is consistent with
the guidelines, programs, and strategies approved by the
legislature. The institutions must use the revised teacher
education curriculum to instruct their students beginning in the
1996-1997 school year.
Subd. 4b. Prior to the adoption by the board of teaching
of any rule which must be submitted to public hearing, a
representative of the commissioner shall appear before the board
of teaching and at the hearing required pursuant to section
14.14, subdivision 1, to comment on the cost and educational
implications of that proposed rule.
Sec. 19. [125.1885] [ALTERNATIVE PREPARATION LICENSING FOR
ADMINISTRATORS.]
Subdivision 1. [REQUIREMENTS.] (a) A preparation program
that is an alternative to a graduate program in education
administration for public school administrators to acquire an
entrance license is established. The program may be offered in
any administrative field.
(b) To participate in the alternative preparation program,
the candidate must:
(1) have a master's degree in an administrative area;
(2) have been offered an administrative position in a
school district, group of districts, or an education district
approved by the state board of education to offer an alternative
preparation licensure program;
(3) have five years of experience in a field related to
administration; and
(4) document successful experiences working with children
and adults.
(c) An alternative preparation license is of one year
duration and is issued by the state board of education to
participants on admission to the alternative preparation program.
Subd. 2. [CHARACTERISTICS.] The alternative preparation
program has the characteristics enumerated in this subdivision:
(1) staff development conducted by a resident mentorship
team made up of administrators, teachers, and post-secondary
faculty members;
(2) an instruction phase involving intensive preparation of
a candidate for licensure before the candidate assumes
responsibility for an administrative position;
(3) formal instruction and peer coaching during the school
year;
(4) assessment, supervision, and evaluation of a candidate
to determine the candidate's specific needs and to ensure
satisfactory completion of the program;
(5) a research-based and results-oriented approach focused
on skills administrators need to be effective;
(6) assurance of integration of education theory and
classroom practices; and
(7) the shared design and delivery of staff development
between school district personnel and post-secondary faculty.
Subd. 3. [PROGRAM APPROVAL.] (a) The state board of
education shall approve alternative preparation programs based
on criteria adopted by the board, after receiving
recommendations from an advisory task force appointed by the
board.
(b) An alternative preparation program at a school
district, group of schools, or an education district must be
affiliated with a post-secondary institution that has a graduate
program in educational administration for public school
administrators.
Subd. 4. [APPROVAL FOR STANDARD ENTRANCE LICENSE.] The
resident mentorship team must prepare for the state board of
education an evaluation report on the performance of the
alternative preparation licensee during the school year and a
positive or negative recommendation on whether the alternative
preparation licensee shall receive a standard entrance license.
Subd. 5. [STANDARD ENTRANCE LICENSE.] The state board of
education shall issue a standard entrance license to an
alternative preparation licensee who has successfully completed
the school year in the alternative preparation program and who
has received a positive recommendation from the licensee's
mentorship team.
Subd. 6. [QUALIFIED ADMINISTRATOR.] A person with a valid
alternative preparation license is a qualified administrator
within the meaning of section 125.04.
Sec. 20. [125.189] [LICENSURE REQUIREMENTS.]
In addition to other requirements, a candidate for a
license or an applicant for a continuing license to teach
hearing-impaired students in kindergarten through grade 12 must
demonstrate the minimum level of proficiency in American sign
language as determined by the Quality Assurance Systems Project
of the department of education.
Sec. 21. Minnesota Statutes 1990, 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 eligible
pupils under section 126.22, subdivision 2, the resident
district must reimburse the provider an amount equal to at least
85 88 percent of the basic revenue of the district for each
pupil attending the program full time. For a pupil attending
the program part time, basic revenue paid to the program shall
be reduced proportionately, according to the amount of time the
pupil attends the program, and basic revenue paid to the
district shall be reduced accordingly. 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. If
payment is made to a district or program for a pupil under this
section, the department of education shall not make a payment
for the same pupil under section 126.22, subdivision 8.
Sec. 22. Minnesota Statutes 1990, section 126.661,
subdivision 5, is amended to read:
Subd. 5. [ESSENTIAL LEARNER OUTCOMES.] "Essential learner
outcomes" means the specific basic learning experiences
that must be are provided for all students and are used as the
basis for assessing educational progress statewide.
Sec. 23. Minnesota Statutes 1990, section 126.661, is
amended by adding a subdivision to read:
Subd. 7. [OUTCOME-BASED EDUCATION.] Outcome-based
education is a pupil-centered, results-oriented system premised
on the belief that all individuals can learn. In this system:
(1) what a pupil is to learn is clearly identified;
(2) each pupil's progress is based on the pupil's
demonstrated achievement;
(3) each pupil's needs are accommodated through multiple
instructional strategies and assessment tools; and
(4) each pupil is provided time and assistance to realize
her or his potential.
Sec. 24. Minnesota Statutes 1990, section 126.663,
subdivision 2, is amended to read:
Subd. 2. [STATE 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 learner goals, essential learner outcomes,
and integrated learner outcomes for curriculum areas, under
section 120.101, subdivision 6, including the curriculum areas
of communication skills, fine arts, mathematics, science, social
studies, and health and physical education, and for career
vocational curricula. Learner outcomes shall include thinking
and problem solving skills. Learner outcomes shall consist of a
sequence of outcomes beginning with early childhood programs
through secondary education programs.
Sec. 25. Minnesota Statutes 1990, section 126.663,
subdivision 3, is amended to read:
Subd. 3. [MODEL LEARNER OUTCOMES.] The department shall
develop and maintain model learner outcomes in state board
identified subject areas, including career vocational learner
outcomes. The department shall make learner outcomes available
upon request by a district. Learner outcomes shall be for
pupils in kindergarten to early childhood through 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. 26. Minnesota Statutes 1990, section 126.666,
subdivision 2, is amended to read:
Subd. 2. [CURRICULUM ADVISORY COMMITTEE.] Each school
board shall establish a curriculum advisory committee to permit
active community participation in all phases of the PER process.
The district advisory committee, to the extent possible, shall
be representative of the diversity of the community served by
the district and the learning sites within the district, and
include principals, teachers, parents, support staff, pupils,
and other community residents. The district may establish
building teams as subcommittees of the district advisory
committee. The district committee shall retain responsibility
for recommending to the school board districtwide learner
outcomes, assessments, and program evaluations. Learning sites
may establish expanded curriculum, assessments, and program
evaluations. Whenever possible, parents and other community
residents shall comprise at least two-thirds of the advisory
committee. The committee shall make recommendations to the
board about the programs enumerated in section 124A.27, that the
committee determines should be offered. The recommendations
shall be based on district and learning site needs and
priorities.
Sec. 27. Minnesota Statutes 1990, section 126.666, is
amended by adding a subdivision to read:
Subd. 4a. [STUDENT EVALUATION.] The school board shall
annually provide high school graduates or GED recipients who
received a diploma or its equivalent from the school district
with an opportunity to report to the board on the following:
(1) the quality of district instruction and services;
(2) the quality of district delivery of instruction and
services;
(3) the utility of district facilities; and
(4) the effectiveness of district administration.
Sec. 28. Minnesota Statutes 1990, section 126.666, is
amended by adding a subdivision to read:
Subd. 4b. [PERIODIC REPORT.] Each school district at least
once per six school years shall collect consumers' opinions,
including the opinions of currently enrolled students, parents,
and other district residents, regarding their level of
satisfaction with their school experience. The district shall
report the results of the consumer evaluation according to the
requirements of subdivision 4.
Sec. 29. Minnesota Statutes 1990, section 126.67,
subdivision 2b, is amended to read:
Subd. 2b. [DISTRICT ASSESSMENTS.] As part of the PER
process, each year a district shall, in at least three grades or
for three age levels, conduct assessments among at least a
sample of pupils for each subject area in that year of the
curriculum review cycle. The district's curriculum review cycle
shall not exceed six years. Assessments may not be conducted in
the same curriculum area for two consecutive years. The
district may use tests from the assessment item bank, the local
assessment program developed by the department, or other tests.
As they become available, districts shall use state developed
measures to assure state progress toward achieving the state
core board adopted essential learner outcomes in each subject
area at least once during the curriculum review cycle. Funds
are provided for districts that choose to use the local
assessment program or the assessment item bank.
Sec. 30. Minnesota Statutes 1990, section 126.70,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY FOR REVENUE.] A school board
may use the revenue authorized in section 124A.29 for staff time
for peer review under section 125.12 or 125.17, or if it
establishes a an outcome-based staff development advisory
committee and adopts a staff development plan on outcome-based
education according to this subdivision. A majority of the
advisory committee must be teachers representing various grade
levels and subject areas. The advisory committee must also
include representatives of parents, and administrators. The
advisory committee shall develop a staff development
plan containing proposed outcome-based education activities and
related expenditures and shall submit it the plan to the school
board. If the school board approves the plan, the district may
use the staff development revenue authorized in section
124A.29. Copies of approved plans must be submitted to the
commissioner.
Sec. 31. Minnesota Statutes 1990, section 126.70,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF THE PLAN.] The plan may include:
(1) procedures the district will use to analyze and
identify teaching and curricular outcome-based education needs,
including the need for mentor teachers;
(2) short- and long-term curriculum and staff development
needs;
(3) integration with in-service and curricular efforts
already in progress;
(4) (3) goals to be achieved and the means to be used; and
(5) (4) procedures for evaluating progress; and
(6) whether the school board intends to offer contracts
under the excellence in teaching program.
Sec. 32. Minnesota Statutes 1990, section 126.70,
subdivision 2a, is amended to read:
Subd. 2a. [PERMITTED USES.] A school board may approve a
plan for to accomplish any of the following purposes:
(1) for in-service education to increase the effectiveness
of teachers in responding to children and young people at risk
of not succeeding at school foster readiness for outcome-based
education by increasing knowledge and understanding of and
commitment to outcome-based education;
(2) to participate in the educational effectiveness program
according to section 121.609 facilitate organizational changes
by enabling a site-based team composed of pupils, parents,
school personnel, and community members to address pupils' needs
through outcome-based education;
(3) to provide in-service education for elementary and
secondary teachers to improve the use of technology in education
develop programs to increase pupils' educational progress by
developing appropriate outcomes and personal learning plans and
by encouraging pupils and their parents to assume responsibility
for their education;
(4) to provide subject area in-service education
emphasizing the academic content of curricular areas determined
by the district to be a priority area design and develop
outcome-based education programs containing various
instructional opportunities that recognize pupils' individual
needs and utilize family and community resources;
(5) to use experienced teachers, as mentors, to assist in
the continued development of new teachers; evaluate the
effectiveness of outcome-based education policies, processes,
and products through appropriate evaluation procedures that
include multiple criteria and indicators; and
(6) to increase the involvement of parents, business, and
the community in education, including training teachers to plan
and implement parental involvement programs that will more fully
involve parents in their children's learning development;
(7) for experimental delivery systems;
(8) for in-service education to increase the effectiveness
of principals and administrators;
(9) for in-service education or curriculum development for
programs for gifted and talented pupils;
(10) for in-service education or curriculum development for
cooperative efforts to increase curriculum offerings;
(11) for improving curriculum, according to the needs
identified under the planning, evaluation, and reporting process
set forth in section 126.666;
(12) for in-service education and curriculum development
designed to promote sex equity in all aspects of education, with
emphasis on curricular areas such as mathematics, science, and
technology programs;
(13) for in-service education or curriculum modification
for handicapped pupils and low-achieving pupils;
(14) for short-term contracts as described in section
126.72; or
(15) to employ teachers for an extended year to perform
duties directly related to improving curriculum or teaching
skills provide staff time for peer review of probationary,
continuing contract, and nonprobationary teachers.
Sec. 33. Minnesota Statutes 1990, section 260.015,
subdivision 19, is amended to read:
Subd. 19. [HABITUAL TRUANT.] "Habitual truant" means a
child under the age of 16 years through the 1999-2000 school
year and under the age of 18 beginning with the 2000-2001 school
year who is absent from attendance at school without lawful
excuse for seven school days if the child is in elementary
school or for one or more class periods on seven school days if
the child is in middle school, junior high school, or high
school.
Sec. 34. [LEARNING READINESS PROGRAM REPORT.]
Each school district receiving learning readiness aid shall
report to the commissioner of education by January 1 of 1992 and
1993 about the types of services provided through the program,
progress made by participating children, the number of
participating children receiving services without charge, the
number of participating children paying reduced fees, the number
of participating children paying the full fee, total
expenditures for services, and the amount of money and in-kind
services received from public or private organizations. A
district shall report actual information to the extent the
information is available, and other information as required in
section 13, subdivision 1.
Sec. 35. [STATE BOARD RECOMMENDATIONS.]
By February 1, 1993, the state board of education shall
present to the education committees of the legislature
recommendations for integrating education funding and the
achievement of state and local outcomes.
Sec. 36. [RULE REVIEW.]
Subdivision 1. [REPORT.] The state board of education
shall review each board rule to determine whether it is
necessary, reasonable, and cost-effective and whether it is
consistent with legislative policy adopted since the rule was
enacted. The board shall report to the education committees of
the legislature by January 1, 1993, on any amendment required to
make a rule necessary, reasonable, or cost-effective or
consistent with legislative policy and on any rule required to
be repealed.
Subd. 2. [STAFF.] The commissioner of education shall
provide staff assistance to the state board of education, at the
request of the board, to complete the report required under
subdivision 1.
Sec. 37. [OUTCOME-BASED EDUCATION PROGRAM CONTRACTS.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, outcome-based education has the meaning given it in
Minnesota Statutes, section 126.661, subdivision 7.
Subd. 2. [ESTABLISHMENT.] A process for contracting
between a public school, school district, or group of districts
and the department of education to develop outcome-based
education programs is established. The purpose of the contract
is to enable public schools, school districts, and groups of
districts to develop outcome-based programs that improve pupils'
educational achievement through instructional opportunities that
recognize pupils' individual needs.
Subd. 3. [ELIGIBILITY.] A school, school district, or
group of districts seeking to contract with the department to
develop an outcome-based education program must agree to serve
as a demonstration site during the term of the contract and for
a mimimum of one school year after the expiration date of the
contract.
Subd. 4. [CONTRACTING PROCESS.] The commissioner of
education shall establish an outcome-based education contract
committee of qualified department staff to determine the areas
to be included in the outcome-based education program contracts
and other contract terms and conditions. The committee, after
consulting with the commissioner and the state board of
education, shall determine the form and manner by which a
school, a school district, or a group of districts may seek a
contract. The committee shall disseminate information about the
contracts and the contracting process.
Subd. 5. [CONTRACT APPROVAL.] By October 1 of the current
school year, the committee shall award outcome-based education
program contracts to qualified schools, school districts, or
groups of districts. In awarding contracts, the committee shall
consider the geographical location of the school, school
district, or group of districts seeking the contract, whether
the outcome-based education program would be available to
elementary, middle, or secondary pupils and the areas to be
included in the outcome-based education program. For programs
addressing specific subject areas, the outcome-based education
contract committee shall consult with curriculum experts in
those subject areas to evaluate those program proposals.
Subd. 6. [CONTRACT FUNDS.] Any unexpended contract funds
awarded to a school, school district, or group of districts in
one fiscal year do not cancel but are available in the next
fiscal year.
Subd. 7. [EVALUATION.] The commissioner shall provide for
an evaluation of the demonstration site programs and shall
disseminate throughout the state information on the components
of successful outcome-based education programs.
Sec. 38. [AID TRANSFER.]
A district that has established a designated account for
early childhood programs in fiscal year 1991 for revenue from a
referendum levy authorized in November 1990 under Minnesota
Statutes, section 124A.03, may transfer learning readiness aid
from the community service fund to the general fund.
Sec. 39. [BOARD OF TEACHING APPROPRIATION.]
Subdivision 1. [BOARD OF TEACHING.] The sums indicated in
this section are appropriated from the general fund to the board
of teaching in the fiscal years indicated.
Subd. 2. [TEACHER EDUCATION IMPROVEMENT.] For board of
teaching responsibilities specified in Minnesota Statutes,
section 125.185, subdivisions 4 and 4a:
$165,000 ..... 1992
Any balance in the first year does not cancel but is
available in the second year. This appropriation is only
available if teacher license fees are increased to raise an
equivalent amount.
Sec. 40. [HECB 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 ..... 1992
$214,000 ..... 1993
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. 41. [DEPARTMENT OF EDUCATION 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. [AREA LEARNING CENTER GRANTS.] For grants to area
learning centers:
$150,000 ..... 1992
$150,000 ..... 1993
Subd. 3. [ARTS PLANNING GRANTS.] For grants for arts
planning according to Minnesota Statutes, section 124C.08:
$38,000 ..... 1992
$38,000 ..... 1993
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [OUTCOME-BASED EDUCATION PROGRAM CONTRACTS.] For
entering into contracts for outcome-based education programs
according to section 37:
$675,000 ..... 1992
$675,000 ..... 1993
$55,000 each year is for evaluation and administration of
the program.
Sec. 42. [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. [LEARNING READINESS PROGRAM REVENUE.] For revenue
for learning readiness programs:
$ 8,000,000 ..... 1992
$20,000,000* ..... 1993
* (The appropriation of $20,000,000 was vetoed by the
governor.)
Any excess appropriations from fiscal year 1992 shall be
allocated among school districts providing learning readiness
programs according to the proportion of aid determined under
section 13, subdivision 2, for a school district to the amount
of aid determined under section 13, subdivision 2, for all
school districts providing learning readiness programs. The
total amount of aid paid to a school district shall not exceed
$2,000 per participating eligible child.
The 1992 appropriation includes $8,000,000 for 1992.
The 1993 appropriation includes $3,000,000 for 1992 and
$17,000,000 for 1993. * (The preceding paragraph beginning "The
1993" was vetoed by the governor.)
Any unexpended balance in the first year does not cancel
but is available in the second year.
Subd. 3. [MINNESOTA LOCAL PARTNERSHIP REVENUE.] For
revenue for the Minnesota local partnership act:
$100,000 ..... 1992*
* (The appropriation of $100,000 in subdivision 3 was
vetoed by the governor.)
Up to $5,000 may be used for the expenses of a task force
to advise the state board about the program and to make
recommendations to the state board about revenue applications.
The amount appropriated is available until June 30, 1992.
Sec. 43. [REPEALER.]
(a) Minnesota Statutes 1990, sections 120.011 and 121.111
are repealed.
(b) Minnesota Statutes 1990, section 124C.41, subdivisions
6 and 7, are repealed effective July 1, 1991. In the next
edition of Minnesota Statutes, the revisor of statutes shall
change the first grade and section headnotes to read "Teacher
Centers" to reflect the changes made by the repealer in this
paragraph.
Sec. 44. [EFFECTIVE DATE.]
Section 8 is effective July 1, 1993. Section 20 is
effective August 1, 1994.
ARTICLE 8
OTHER EDUCATION PROGRAMS
Section 1. [3.873] [LEGISLATIVE COMMISSION ON CHILDREN,
YOUTH, AND THEIR FAMILIES.]
Subdivision 1. [ESTABLISHMENT.] A legislative commission
on children, youth, and their families is established to study
state policy and legislation affecting children and youth and
their families. The commission shall make recommendations about
how to ensure and promote the present and future well-being of
Minnesota children and youth and their families, including
methods for helping state and local agencies to work together.
Subd. 2. [MEMBERSHIP AND TERMS.] The commission consists
of 16 members that reflect a proportionate representation from
each party. Eight members from the house shall be appointed by
the speaker of the house and eight members from the senate shall
be appointed by the subcommittee on committees of the committee
on rules and administration. The membership must include
members of the following committees in the house and the
senate: health and human services, governmental operations,
education, judiciary, and appropriations or finance. The
commission must have representatives from both rural and
metropolitan areas. The terms of the members are for two years
beginning on January 1 of each odd-numbered year.
Subd. 3. [OFFICERS.] The commission shall elect a chair
and vice-chair from among its members. The chair must alternate
biennially between a member of the house and a member of the
senate. When the chair is from one body, the vice-chair must be
from the other body.
Subd. 4. [STAFF.] The commission may use existing
legislative staff to provide legal counsel, research, fiscal,
secretarial, and clerical assistance.
Subd. 5. [INFORMATION COLLECTION; INTERGOVERNMENTAL
COORDINATION.] (a) The commission may conduct public hearings
and otherwise collect data and information necessary to its
purposes.
(b) The commission may request information or assistance
from any state agency or officer to assist the commission in
performing its duties. The agency or officer shall promptly
furnish any information or assistance requested.
(c) Before implementing new or substantially revised
programs relating to the subjects being studied by the
commission under subdivision 7, the commissioner responsible for
the program shall prepare an implementation plan for the program
and shall submit the plan to the commission for review and
comment. The commission may advise and make recommendations to
the commissioner on the implementation of the program and may
request the changes or additions in the plan it deems
appropriate.
(d) By July 1, 1991, the responsible state agency
commissioners, including the commissioners of education, health,
human services, jobs and training, and corrections, shall
prepare data for presentation to the commission on the state
programs to be examined by the commission under subdivision 7,
paragraph (a).
(e) To facilitate coordination between executive and
legislative authorities, the governor shall appoint a person to
act as liaison between the commission and the governor.
Subd. 6. [LEGISLATIVE REPORTS AND RECOMMENDATIONS.] The
commission shall make recommendations to the legislature to
implement combining education, and health and human services and
related support services provided to children and their families
by the departments of education, human services, health and
other state agencies into a single state department of children
and families to provide more effective and efficient services.
The commission also shall make recommendations to the
legislature or committees, as it deems appropriate to assist the
legislature in formulating legislation. To facilitate
coordination between executive and legislative authorities, the
commission shall review and evaluate the plans and proposals of
the governor and state agencies on matters within the
commission's jurisdiction and shall provide the legislature with
its analysis and recommendations. Any analysis and
recommendations must integrate recommendations for the design of
an education service delivery system under article 6, section
31. The commission shall report its final recommendations under
this subdivision and subdivision 7, paragraph (a), by January 1,
1993. The commission shall submit a progress report by January
1, 1992.
Subd. 7. [PRIORITIES.] The commission shall give priority
to studying and reporting to the legislature on the matters
described in this subdivision.
(a) The commission must study and report on methods of
improving legislative consideration of children and family
issues and coordinating state agency programs relating to
children and families, including the desirability, feasibility,
and effects of creating a new state department of children's
services, or children and family services, in which would be
consolidated the responsibility for administering state programs
relating to children and families.
(b) The commission must study and report on methods of
consolidating or coordinating local health, correctional,
educational, job, and human services, to improve the efficiency
and effectiveness of services to children and families and to
eliminate duplicative and overlapping services. The commission
shall evaluate and make recommendations on programs and projects
in this and other states that encourage or require local
jurisdictions to consolidate the delivery of services in schools
or other community centers to reduce the cost and improve the
coverage and accessibility of services.
(c) The commission must study and report on methods of
improving and coordinating educational, social, and health care
services that assist children and families during the early
childhood years. The commission's study must include an
evaluation of the following: early childhood health and
development screening services, headstart, child care, and early
childhood family education.
(d) The commission must study and report on methods of
improving and coordinating the practices of judicial,
correctional, and social service agencies in placing juvenile
offenders and children who are in need of protective services or
treatment.
Subd. 8. [EXPENSES AND REIMBURSEMENTS.] The per diem and
mileage costs of the members of the commission must be
reimbursed as provided in section 3.101. The health and human
services, governmental operations, education, judiciary, and
appropriations or finance committees in the house and the senate
shall share equally the responsibility to pay commission
members' per diem and mileage costs from their committee budgets.
Subd. 9. [EXPIRATION.] The commission expires on June 30,
1994.
Sec. 2. Minnesota Statutes 1990, section 121.912, is
amended by adding a subdivision to read:
Subd. 7. [UNEMPLOYMENT RESERVE BALANCE.] The reserved fund
balance for unemployment insurance as of June 30 of each year
may not exceed $10 times the number of pupil units for that
year. The department shall reduce the levy certified by the
district, according to section 275.125, subdivision 4, the
following year for obligations under section 268.06, subdivision
25, by the amount of the excess.
Sec. 3. [123.709] [CHEMICAL ABUSE PREVENTION PROGRAM.]
Subdivision 1. [DEFINITION.] "Targeted children and young
people" means those individuals, whether or not enrolled in
school, who are under 21 years of age and who are susceptible to
abusing chemicals. Included among these individuals are those
who:
(1) are the children of drug or alcohol abusers;
(2) are at risk of becoming drug or alcohol abusers;
(3) are school dropouts;
(4) are failing in school;
(5) have become pregnant;
(6) are economically disadvantaged;
(7) are victims of physical, sexual, or psychological
abuse;
(8) have committed a violent or delinquent act;
(9) have experienced mental health problems;
(10) have attempted suicide;
(11) have experienced long-term physical pain due to
injury;
(12) have experienced homelessness;
(13) have been expelled or excluded from school under
sections 127.26 to 127.39; or
(14) have been adjudicated children in need of protection
or services.
Subd. 2. [PURPOSE.] Schools, school districts, groups of
school districts, community groups, or other regional public or
nonprofit entities may contract with the commissioner of
education to provide programs to prevent chemical abuse and meet
the developmental needs of targeted children and young people,
and to help these individuals overcome barriers to learning.
Subd. 3. [OBJECTIVES.] The commissioner of education may
enter into contracts to:
(1) train individuals to work with targeted children and
young people;
(2) expand the ability of the community to meet the needs
of targeted children and young people and their families by
locating appropriated services and resources at or near a school
site; and
(3) involve the parents and other family members of these
targeted children and young people more fully in the education
process.
Subd. 4. [CONTRACT TERMS.] The commissioner may enter into
contracts for programs that the commissioner determines are
meritorious and appropriate and for which revenue is available.
All contractors must offer vocational training or employment
services, health screening referrals, and mental health or
family counseling. A contractor receiving funds in one fiscal
year may carry forward any unencumbered funds into the next
fiscal year.
Subd. 5. [COMMISSIONER'S ROLE.] (a) The commissioner shall
develop criteria, which the commissioner shall periodically
evaluate, for entering into program contracts.
(b) The criteria must include:
(1) targeted families confronting social or economic
adversity;
(2) offering programs to targeted children and young people
during and after school hours and during the summer;
(3) integrating the cultural and linguistic diversity of
the community into the school environment;
(4) involving targeted children and young people and their
families in planning and implementing programs;
(5) facilitating meaningful collaboration among the service
providers located at or near a school site;
(6) locating programs throughout the state; and
(7) serving diverse populations of targeted children and
young people, with a focus on children through grade 3.
Subd. 6. [EVALUATION.] The commissioner shall evaluate
contractors' programs and shall disseminate successful program
components statewide.
Sec. 4. [124.278] [MINORITY TEACHER INCENTIVES.]
Subdivision 1. [ELIGIBLE DISTRICT.] A district is eligible
for reimbursement under this section if the district has:
(1) a minority enrollment of more than ten percent; or
(2) a desegregation plan approved by the state board of
education.
Subd. 2. [ELIGIBLE EMPLOYEE.] The following employees are
eligible for reimbursement under this section:
(1) a teacher who is a member of a minority group and who
has not taught in a Minnesota school district during the school
year before the year the teacher is employed according to this
section; and
(2) an aide or an education assistant who is a member of a
minority group and who has not been employed as an aide or an
education assistant in a Minnesota school district during the
school year before the year the aide or education assistant is
employed according to this section.
Subd. 3. [REIMBURSEMENT.] 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
a minority teacher, aide, or education assistant is employed.
The department of education shall establish application or other
procedures for districts to obtain the reimbursement. The
department shall not prorate the reimbursement.
Subd. 4. [MINORITY GROUP.] For the purposes of this
section, a person is a member of a minority group if the person
is African American, American Indian, Asian Pacific American, or
an American of Mexican, Puerto Rican, or Spanish origin or
ancestry.
Sec. 5. Minnesota Statutes 1990, section 124.646, is
amended to read:
Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] Each school
year, school districts participating in the national school
lunch program shall be paid by the state in the amount of 7.5
6.5 cents for each full paid, reduced, and free student lunch
served to students in the district.
Subd. 2. School districts shall not be paid by the state
for free or reduced price type "A" lunches served by the
district.
Subd. 3. School districts shall apply to the state
department of education for this payment on forms provided by
the department.
Subd. 4. [SCHOOL FOOD SERVICE FUND.] (a) The expenses
described in this subdivision must be recorded as provided in
this subdivision.
(b) In each school district, the expenses for a school food
service program for pupils must be attributed to a school food
service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in
connection with school or community service activities.
(c) Revenues and expenditures for food service activities
must be recorded in the food service fund. The costs of
processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other
expenses involving the preparing of meals or the kitchen section
of the lunchroom may be charged to the food service fund or to
the general fund of the district. The costs of lunchroom
supervision, lunchroom custodial services, lunchroom utilities,
and other administrative costs of the food service program,
including the costs attributable to the superintendent and the
financial manager must be charged to the general fund.
(d) Capital expenditures for the purchase of food service
equipment must be made from the capital fund and not the food
service fund, unless two conditions apply:
(1) the unreserved balance in the food service fund at the
end of the last fiscal year is greater than the cost of the
equipment to be purchased; and
(2) the department of education has approved the purchase
of the equipment.
(e) If the two conditions set out in paragraph (d) apply,
the equipment may be purchased from the food service fund.
(f) If a deficit in the food service fund exists at the end
of a fiscal year, and the deficit is not eliminated by revenues
from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the
general fund at the end of that second fiscal year.
Sec. 6. Minnesota Statutes 1990, section 124.6472,
subdivision 1, is amended to read:
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 second preceding 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.
Sec. 7. Minnesota Statutes 1990, section 125.231, is
amended to read:
125.231 [TEACHER ASSISTANCE THROUGH MENTORSHIP PROGRAM.]
Subdivision 1. [TEACHER MENTORING PROGRAM.] School
districts are encouraged to participate in a competitive grant
program that explores the potential of various teacher mentoring
programs for teachers new to the profession or district, or for
teachers with special needs.
Subd. 2. [TEACHER MENTORING TASK FORCE.] The commissioner
shall appoint and work with a teacher mentoring task force
including representatives of the two teachers unions, the two
principals organizations, school boards association,
administrators association, board of teaching, parent teacher
association, post-secondary institutions, foundations, and the
private sector. Representation on the task force by minority
populations of color shall reflect the proportion of minorities
people of color in the public schools.
The task force shall:
(1) make recommendations for a system of incentives at the
state and local level to assure that highly capable individuals
are attracted to and retained in the teaching profession;
(2) determine ways in which teachers can be empowered
through expanding to new and more professional roles; and
(3) develop the application forms, criteria, and procedures
for the mentorship program;
(2) select sites to receive grant funding; and
(3) provide ongoing support and direction for program
implementation.
Subd. 3. [APPLICATIONS.] The commissioner of education
shall make application forms available by October 1, 1987 to
sites interested in developing or expanding a mentorship
program. By December 1, 1987, A school district, a group of
school districts, or a coalition of districts, teachers and
teacher education institutions may apply for a teacher
mentorship program grant. By January 1, 1988, The commissioner,
in consultation with the teacher mentoring task force, shall
approve or disapprove the applications. To the extent possible,
the approved applications must reflect a variety of mentorship
program models effective mentoring components, include a variety
of coalitions and be geographically distributed throughout the
state. The commissioner of education shall encourage the
selected sites to consider the use of the assessment procedures
developed by the board of teaching.
Subd. 4. [CRITERIA FOR SELECTION.] At a minimum,
applicants must express commitment to:
(1) allow staff participation;
(2) assess skills of both beginning and mentor teachers;
(3) provide appropriate in-service to needs identified in
the assessment;
(4) provide leadership to the effort;
(5) cooperate with higher education institutions;
(6) provide facilities and other resources; and
(7) share findings, materials, and techniques with other
school districts.
Subd. 5. [ADDITIONAL FUNDING.] Applicants are required to
seek additional funding and assistance from sources such as
school districts, post-secondary institutions, foundations, and
the private sector.
Subd. 6. [REPORT TO THE LEGISLATURE.] By January 1, 1991,
the commissioner of education shall report to the legislature on
how the teacher mentoring task force recommendations for a
system of incentives are being implemented at the state and
local level to assure that highly capable individuals are
attracted to and retained in the teaching profession and shall
recommend ways to expand and enhance the responsibilities of
teachers.
By January 1 of 1990 and 1991, the commissioner of
education shall report to the legislature on the design,
development, implementation, and evaluation of the mentorship
program.
Subd. 7. [PROGRAM IMPLEMENTATION.] New and expanding
mentorship sites that are funded to design, develop, implement,
and evaluate their program must participate in activities that
support program development and implementation. The department
of education must provide resources and assistance to support
new sites in their program efforts. These activities and
services may include, but are not limited to: planning,
planning guides, media, training, conferences, institutes, and
regional and statewide networking meetings. Nonfunded schools
or districts interested in getting started may participate in
some activities and services. Fees may be charged for meals,
materials, and the like.
Sec. 8. Minnesota Statutes 1990, section 126.113,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The Minnesota education in
agriculture leadership council is established to promote
education about agriculture.
Sec. 9. Minnesota Statutes 1990, section 126.113,
subdivision 2, is amended to read:
Subd. 2. [GOVERNANCE.] The council must be appointed by
the governor and has 12 members. One member must be appointed
from each congressional district and the remaining members must
be appointed at large. Council terms and removal of members are
as provided in section 15.0575. Council members may receive
reimbursement for expenses only if sources other than a direct
legislative appropriation are available to pay the costs of
members' reimbursement. The council is governed by an executive
board of directors. The council may organize and appoint
committees as it considers necessary.
Sec. 10. Minnesota Statutes 1990, 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 $510 $560 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 $380 $430.
(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. 11. Minnesota Statutes 1990, 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
$190 $210.
Sec. 12. Minnesota Statutes 1990, 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 driver education account.
Money in the account may be appropriated to the commissioner of
education for grants to develop alcohol-impaired driver
education and chemical abuse prevention programs in elementary
and, secondary, and post-secondary schools. The state board of
education shall establish guidelines for the distribution of the
grants. Each year the commissioner may use $100,000 to
administer the grant program and other traffic safety education
programs.
Sec. 13. Minnesota Statutes 1990, section 475.61,
subdivision 3, is amended to read:
Subd. 3. [IRREVOCABILITY.] Tax levies so made and filed
shall be irrevocable, except as provided in this subdivision.
In each year when there is on hand any excess amount in the
debt redemption fund of a school district at the time the
district makes its property tax levies, the amount of the excess
shall be certified by the school board to the county auditor and
the auditor shall reduce the tax levy otherwise to be included
in the rolls next prepared by the amount certified, unless. The
commissioner shall prescribe the form and calculation to be used
in computing the excess amount. The school board determines
that may, with the approval of the commissioner, retain the
excess amount if it is necessary to ensure the prompt and full
payment of the obligations and any call premium on the
obligations, or will be used for redemption of the obligations
in accordance with their terms. An amount shall be presumed to
be excess for a school district in the amount that it, together
with the levy required by subdivision 1, will exceed 106 percent
of the amount needed to meet when due the principal and interest
payments on the obligations due before the second following July
1. This subdivision shall not limit a school board's authority
to The school board may, with the approval of the commissioner,
specify a tax levy in a higher amount if necessary because of
anticipated tax delinquency or for cash flow needs to meet the
required payments from the debt redemption fund.
If the governing body, including the governing body of a
school district, in any year makes an irrevocable appropriation
to the debt service fund of money actually on hand or if there
is on hand any excess amount in the debt service fund, the
recording officer may certify to the county auditory the fact
and amount thereof and the auditor shall reduce by the amount so
certified the amount otherwise to be included in the rolls next
thereafter prepared.
Sec. 14. [NONOPERATING FUND TRANSFERS.]
On June 30, 1992, a school district may permanently
transfer money from the capital expenditure fund and from the
debt redemption fund, to the extent the transferred money is not
needed for principal and interest payments on bonds outstanding
at the time of transfer, to the transportation fund, capital
expenditure fund, or the debt redemption fund. No levies shall
be reduced as a result of a transfer. Each district
transferring money according to this section shall report to the
commissioner of education a report of each transfer. The
commissioner of education shall report to the chairs of the
education funding divisions of the house of representatives and
the senate the aggregate transfers, by fund, made by school
districts.
Sec. 15. [FUND TRANSFER.]
Notwithstanding Minnesota Statutes, section 121.912,
subdivision 1, in fiscal year 1992, the reserved fund balance
for unemployment insurance that exceeds $10 times the number of
pupil units in the district during the 1990-1991 school year as
of June 30, 1991, remaining, after the levy for unemployment
insurance is reduced by the department of education, shall be
transferred to the capital expenditure fund or the
transportation fund.
Sec. 16. [TASK FORCE ON EDUCATION AND EMPLOYMENT
TRANSITIONS.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, "education and employment transitions" means those
processes and structures that provide an individual with
awareness of employment opportunities, demonstrate the
relationship between education and employment and the
applicability of education to employment, identify an
individual's employment interests, and assist the individual to
make transitions between education and employment.
Subd. 2. [TASK FORCE ON EDUCATION AND EMPLOYMENT
TRANSITIONS.] The state council on vocational technical
education shall establish a task force on education and
employment transitions.
Subd. 3. [PLAN.] The task force shall develop a statewide
plan for implementing programs for education and employment
transitions. The plan shall identify:
(1) existing public and private efforts in Minnesota that
assist students to make successful transitions between education
and employment;
(2) programs in other states and countries that are
successfully preparing individuals for employment;
(3) how to overcome barriers that may prevent public and
private collaboration in planning and implementing programs for
education and employment transitions;
(4) the role of public and private groups in education and
employment transitions;
(5) new processes and structures to implement statewide
programs for education and employment transitions;
(6) how to integrate programs for education and employment
transitions and outcome-based education initiatives;
(7) how to implement programs for education and employment
transitions in Minnesota; and
(8) models for administrative and legislative action.
Subd. 4. [MEMBERSHIP.] The task force shall include:
(1) the members of the higher education advisory council
under Minnesota Statutes, section 136A.02, subdivision 6, or
members' designees;
(2) the executive director of the higher education
coordinating board or the executive director's designee;
(3) the commissioner of jobs and training or the
commissioner's designee;
(4) the commissioner of trade and economic development or
the commissioner's designee;
(5) the commissioner of human services or the
commissioner's designee;
(6) the commissioner of labor and industry or the
commissioner's designee;
(7) up to ten members who represent the interests of
education, labor, business, agriculture, trade associations,
local service units, private industry councils, and appropriate
community groups selected by the state council on vocational
technical education;
(8) two members from the house of representatives,
appointed by the speaker of the house of representatives; and
(9) two members from the senate, appointed by the
subcommittee on committees of the committee on rules and
administration.
Subd. 5. [PLAN DESIGN.] The state council on vocational
technical education shall select up to nine members appointed to
the task force who represent the interests of business, labor,
community, and education to serve as a plan design group to
develop the plan described in subdivision 3. The task force
shall make recommendations to the plan design group on the
merits of the plan design.
Subd. 6. [ASSISTANCE OF AGENCIES.] Task force members may
request information and assistance from any state agency or
office to enable the task force to perform its duties.
Subd. 7. [REPORT AND RECOMMENDATION.] The task force shall
provide an interim report describing its progress to the
legislature by February 15, 1992. The task force shall report
its plan and recommendations to the legislature by January 15,
1993.
Sec. 17. [BOARD OF TEACHING APPROPRIATION.]
Subdivision 1. [BOARD OF TEACHING.] The sums indicated in
this section are appropriated from the general fund to the board
of teaching in the fiscal year indicated.
Subd. 2. [FELLOWSHIP GRANTS.] For fellowship grants to
highly qualified minorities seeking alternative preparation for
licensure:
$100,000 ..... 1993
A grant must not exceed $5,000 with one-half paid each year
for two years. Grants must be awarded on a competitive basis by
the board. Grant recipients must agree to remain as teachers in
the district for two years if they satisfactorily complete the
alternative preparation program and if their contracts as
probationary teachers are renewed.
Sec. 18. [STATE BOARD OF TECHNICAL COLLEGES
APPROPRIATION.]
Subdivision 1. [STATE BOARD OF TECHNICAL COLLEGES.] The
sum indicated in this section is appropriated from the general
fund to the state board of technical colleges for the state
council on vocational technical education for the fiscal year
designated.
Subd. 2. [TASK FORCE ON EDUCATION AND EMPLOYMENT
TRANSITIONS.] For the task force on education and employment
transitions:
$40,000 ..... 1992
The appropriation is available until June 30, 1993.
The commissioner of education and the chancellor of the
technical college system shall provide additional resources, as
necessary, through the use of money appropriated to the state
under the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990, Public Law Number 101-392,
title II, part A, section 201.
Sec. 19. [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:
$6,018,000 ..... 1992
$6,018,000 ..... 1993
The 1992 appropriation includes $902,000 for 1991 and
$5,116,000 for 1992.
The 1993 appropriation includes $902,000 for 1992 and
$5,116,000 for 1993.
Subd. 3. [INTEGRATION GRANTS.] For grants to districts
implementing desegregation plans mandated by the state board:
$15,844,000 ..... 1992
$15,844,000 ..... 1993
$1,385,200 each year must be allocated to independent
school district No. 709, Duluth; $7,782,300 each year must be
allocated to special school district No. 1, Minneapolis; and
$6,676,500 each year must 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, to the border of the
resident district. A district may allocate a part of the grant
to the transportation fund for this purpose.
Subd. 4. [GRANTS FOR COOPERATIVE DESEGREGATION.] For
grants to develop interdistrict school desegregation programs:
$400,000 ..... 1992
$200,000 ..... 1993
The commissioner of education shall award grants to school
districts to develop pilot interdistrict cooperative programs to
reduce segregation, as defined in Minnesota Rules, part
3535.0200, subpart 4, in school buildings.
To obtain a grant, a district that is required to submit a
plan under Minnesota Rules, part 3535.0600, with the assistance
of at least one adjacent district that is not required to submit
a plan, shall submit an application to the commissioner.
The application shall contain a plan for:
(1) activities such as staff development, curriculum
development, student leadership, student services, teacher and
student exchanges, interdistrict meetings, and orientation for
school boards, parents, and the community;
(2) implementation of the activities in clause (1) before
possible student transfers occur; and
(3) possible voluntary transfer of students between
districts beginning with the 1991-1992 school year.
A grant recipient shall submit a report about its
activities.
Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123.931
to 123.947:
$8,892,000 ...... 1992
$8,892,000 ...... 1993
The 1992 appropriation includes $1,333,000 for 1991 and
$7,559,000 for 1992.
The 1993 appropriation includes $1,333,000 for 1992 and
$7,559,000 for 1993.
Subd. 6. [SCHOOL LUNCH AND FOOD STORAGE AID.] For school
lunch aid according to Minnesota Statutes, section 124.646, and
Code of Federal Regulations, title 7, section 210.17, and for
food storage and transportation costs for United States
Department of Agriculture 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
and for school milk aid according to Minnesota Statutes, section
124.648:
$5,925,000 ..... 1992
$5,925,000 ..... 1993
Any unexpended balance remaining from the appropriations in
this subdivision shall be prorated among participating schools
based on the number of free, reduced, and fully paid federally
reimbursable student lunches served during that school year.
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.
Not more than $800,000 of the amount appropriated each year
may be used for school milk aid.
Subd. 7. [TOBACCO USE PREVENTION.] For tobacco use
prevention aid according to Minnesota Statutes, section 124.252:
$100,000 ...... 1992
The 1992 appropriation includes $100,000 for 1991.
Subd. 8. [CAREER TEACHER AID.] For career teacher aid
according to Minnesota Statutes, section 124.276:
$750,000*..... 1992
* (The appropriation of $750,000 was vetoed by the
governor.)
Any unexpended balance remaining in the first year does not
cancel but is available in the second year.
Notwithstanding Minnesota Statutes 1989 Supplement, section
124.276, subdivision 2, the aid may be used for the increased
district contribution to the teachers' retirement association
and to FICA resulting from the portion of the teaching contract
that is in addition to the standard teaching contract of the
district.
Subd. 9. [MINORITY TEACHER INCENTIVES.] For minority
teacher incentives:
$1,000,000 ..... 1992
Any unexpended balance remaining in 1992 does not cancel
but is available in 1993.
Subd. 10. [TEACHER MENTORSHIP.] For grants to develop
mentoring programs in school districts according to Minnesota
Statutes, section 125.231:
$350,000 ..... 1992
$350,000 ..... 1993
Any balance in the first year does not cancel and is
available for the second year.
Subd. 11. [EDUCATION IN AGRICULTURE LEADERSHIP
COUNCIL.] For operating expenses of the Minnesota education in
agriculture leadership council:
$25,000 ..... 1992*
* (The appropriation of $25,000 was vetoed by the governor.)
Any balance in the first year does not cancel but is
available in the second year.
Subd. 12. [MINNESOTA PRINCIPAL ASSESSMENT CENTER.] For the
Minnesota principal assessment center:
$70,000 ..... 1992*
$70,000 ..... 1993*
* (The appropriations in subdivision 12 were vetoed by the
governor.)
Subd. 13. [COMPUTER ASSISTED INSTRUCTIONAL STRATEGY
GRANTS.] For grants to school districts of up to $10,000 for
each site in a district to purchase, lease, or lease purchase
computer assisted instructional strategy software and hardware:
$250,000 ..... 1992*
* (The appropriation of $250,000 was vetoed by the
governor.)
Software obtained with grant money shall include programmed
teaching instructions that allow for individualized student
learning. The commissioner shall give preference to districts
with a high level of low-achieving or at-risk pupils. A grant
is contingent upon a district providing money to match the grant
money.
The appropriation is available until June 30, 1993.
Subd. 14. [APPROPRIATIONS FOR DISTRICTS.] For grants to
certain school districts:
$115,000 ..... 1992
$ 20,000 ..... 1993
$25,000 in 1992 is for a grant to independent school
district No. 518, Worthington, for planning the construction of
new residential facilities for the Lakeview program for
handicapped students. The grant must be matched with money from
nonstate sources. * (The language "$25,000 in 1992" was vetoed
by the governor.)
$40,000 in 1992 is for a grant to independent school
district No. 707, Nett Lake, to pay insurance premiums under
Minnesota Statutes, section 466.06.
$30,000 in 1992 is for the payment of the obligation of
independent school district No. 707, Nett Lake, for transfer to
the appropriate state agency for unemployment compensation.
$20,000 in 1992 and $20,000 in 1993 is for a grant to
independent school district No. 695, Chisholm, for a leadership
program. * (The language "$20,000 in 1992 and $20,000 in 1993"
was vetoed by the governor.)
Subd. 15. [ALCOHOL-IMPAIRED DRIVER.] For grants with funds
received under Minnesota Statutes, section 171.29, subdivision
2, paragraph (b), clause (4):
$695,000 ..... 1992
$695,000 ..... 1993
These appropriations are from the alcohol-impaired driver
account of the special revenue fund. Any funds credited for the
department of education to the alcohol-impaired driver account
of the special revenue fund in excess of the amounts
appropriated in this subdivision are appropriated to the
department of education and available in fiscal year 1992 and
fiscal year 1993.
Up to $375,000 each year may be used by the department of
education to contract for services to school districts stressing
the dangers of driving after consuming alcohol. No more than
five percent of this amount may be used for administrative costs
by the contract recipients.
Up to $100,000 each year may be used for grants to support
student-centered programs to discourage driving after consuming
alcohol.
Up to $225,000 and any additional funds each year may be
used for chemical abuse prevention grants under section 3.
Subd. 16. [CHILDREN'S COMMISSION.] For the legislative
commission on children, youth, and their families:
$20,000 ..... 1992*
* (The appropriation of $20,000 was vetoed by the governor.)
Any balance in the first year does not cancel but is
available in the second year.
Sec. 20. [REPEALER.]
Minnesota Statutes 1990, sections 3.865; 3.866; 124.252;
124C.01, subdivision 2; and 124C.41, subdivision 7, are repealed.
ARTICLE 9
MISCELLANEOUS
Section 1. Minnesota Statutes 1990, section 120.062,
subdivision 8a, is amended to read:
Subd. 8a. [WAIVER OF EXCEPTIONS TO DEADLINES.] (a)
Notwithstanding subdivision 4, the following pupil application
procedures apply:
(a) Upon agreement of the resident and nonresident school
districts, a pupil may submit an application to a nonresident
district after January 1 15 for enrollment beginning the
following school year. The pupil, the pupil's parent or
guardian, the district of residence, and the district of
attendance must observe, in a prompt and efficient manner, the
application and notice procedures in subdivisions 4 and 6,
except that the application and notice deadlines do not apply.
(b) Notwithstanding subdivision 4, If, as a result of
entering into, modifying, or terminating an agreement under
section 122.541 or 122.535 entered into after January 1, a pupil
is assigned after December 1 to a different school, the pupil,
the pupil's siblings, or any other pupil residing in the pupil's
residence may submit an application to a nonresident
district after January 1 but at any time before June July 1 for
enrollment beginning the following school year.
(c) A pupil who becomes a resident of a school district
after December 1 may submit an application to a nonresident
district on January 15 or any time after that date for
enrollment beginning any time before the following December 1.
(d) If the commissioner of education and the commissioner
of human rights determine that the policies, procedures, or
practices of a school district are in violation of Title VI of
the Civil Rights Act of 1964 (Public Law Number 88-352) or
chapter 363, any pupil in the district may submit an application
to a nonresident district at any time for enrollment beginning
at any time.
For exceptions under this subdivision, the pupil applicant,
the pupil's applicant's parent or guardian, the district of
residence, and the district of attendance must observe, in a
prompt and efficient manner, the application and notice
procedures in subdivisions 4 and 6, except that the application
and notice deadlines do not apply.
Sec. 2. [120.0621] [ENROLLMENT OPTIONS PROGRAMS IN BORDER
STATES.]
Subdivision 1. [OPTIONS FOR ENROLLMENT IN ADJOINING
STATES.] Minnesota pupils and pupils residing in adjoining
states may enroll in school districts in the other state
according to:
(1) section 120.08, subdivision 2; or
(2) this section.
Subd. 2. [PUPILS IN MINNESOTA.] A Minnesota resident pupil
may enroll in a school district in an adjoining state if the
district is located in a county that borders Minnesota.
Subd. 3. [PUPILS IN BORDERING STATES.] A non-Minnesota
pupil who resides in an adjoining state in a county that borders
Minnesota may enroll in a Minnesota school district if either
the school board of the district in which the pupil resides or
state in which the pupil resides pays tuition to the school
district in which the pupil is enrolled. The tuition must be an
amount that is at least comparable to the tuition specified in
section 120.08, subdivision 1.
Subd. 4. [PROCEDURAL REQUIREMENTS.] Except as otherwise
provided in this section, the rights and duties set forth in
section 120.062 apply to pupils, parents, and school districts
if a pupil enrolls in a nonresident district according to this
section.
Subd. 5. [AID ADJUSTMENTS.] The state of Minnesota shall
make adjustments to general education aid, capital expenditure
facilities aid, and capital expenditure equipment aid according
to sections 124A.036, subdivision 5, and 124.245, subdivision 6,
respectively, for the resident district of a Minnesota pupil
enrolled in another state according to this section. The state
of Minnesota shall reimburse the nonresident district, according
to section 120.08, subdivision 1, in which a Minnesota pupil is
enrolled according to this section.
Subd. 6. [EFFECTIVE IF RECIPROCAL.] This section is
effective with respect to South Dakota upon enactment of
provisions by South Dakota that are essentially similar to the
rights and duties of pupils residing in districts located in all
South Dakota counties that border Minnesota. After July 1,
1993, this section is effective with respect to any other
bordering state upon enactment of provisions by the bordering
state that are essentially similar to the rights and duties of
pupils residing in and districts located in all counties that
border Minnesota.
Sec. 3. [120.064] [OUTCOME-BASED SCHOOLS.]
Subdivision 1. [PURPOSES.] The purpose of this section is
to:
(1) improve pupil learning;
(2) increase learning opportunities for pupils;
(3) encourage the use of different and innovative teaching
methods;
(4) require the measurement of learning outcomes and create
different and innovative forms of measuring outcomes;
(5) establish new forms of accountability for schools; or
(6) create new professional opportunities for teachers,
including the opportunity to be responsible for the learning
program at the school site.
Subd. 2. [APPLICABILITY.] This section applies only to
outcome-based schools formed and operated under this section.
Subd. 3. [SPONSOR.] (a) A school board may sponsor an
outcome-based school.
(b) A school board may authorize a maximum of two
outcome-based schools. No more than a total of eight
outcome-based schools may be authorized. The state board of
education shall advise potential sponsors when the maximum
number of outcome-based schools has been authorized.
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 215.182,
subdivision 2, to form and operate an outcome-based school
subject to approval by the state board of education. The
teachers shall organize and operate a school as a cooperative
under chapter 308A or nonprofit corporation under chapter 317A.
(b) Before a teacher may begin to form and operate a
school, the sponsor must file an affidavit with the state board
of education stating its intent to authorize an outcome-based
school. The affidavit must state the terms and conditions under
which the sponsor would authorize an outcome-based school. The
state board must approve or disapprove the sponsor's proposed
authorization within 30 days of receipt of the affidavit.
Failure to obtain state board approval precludes a sponsor from
authorizing the outcome-based school that was the subject of the
affidavit.
(c) The teachers authorized to organize and operate a
school shall hold an election for members of the school's board
of directors. All staff members employed at the school and all
parents of children enrolled in the school may participate in
the election. Licensed teachers employed at the school must be
a majority of the members of the board of directors.
(d) The sponsor's authorization for an outcome-based school
shall be in the form of a written contract signed by the sponsor
and the board of directors of the outcome-based school.
Subd. 5. [CONTRACT.] The contract for an outcome-based
school shall be in writing and contain at least the following:
(1) a description of a program that carries out one or more
of the purposes in subdivision 1;
(2) specific outcomes pupils are to achieve under
subdivision 10;
(3) admission policies and procedures;
(4) management and administration of the school;
(5) requirements and procedures for program and financial
audits;
(6) how the school will comply with subdivisions 8, 13, 15,
and 21;
(7) assumption of liability by the outcome-based school;
(8) types and amounts of insurance coverage to be obtained
by the outcome-based school; and
(9) the term of the contract which may be up to three years.
Subd. 6. [ADVISORY COMMITTEE.] (a) The state board of
education shall appoint an advisory committee comprised of ten
members. At least two members shall be African American, two
members shall be American Indian, two members shall be Asian
Pacific American, and two members shall be Hispanic. One of
each of the two members shall reside within the seven-county
metropolitan area and one shall reside within Minnesota but
outside of the seven-county metropolitan area. In addition, at
least one of each of the two members shall be a parent of a
child in any of the grades kindergarten through 12. As least
five of the ten members shall have family incomes that would
make them eligible for free or reduced school lunches.
(b) Each sponsor listed in subdivision 3 shall request the
advisory committee to review and make recommendations about a
proposal it receives from an individual or organization that is
predominately Caucasian to establish an outcome-based school in
which one-half or more of the pupils are expected to be
non-Caucasian.
(c) Each sponsor listed in subdivision 3 may request the
advisory committee to review and make recommendations about a
proposal it receives from an individual or organization that is
predominately non-Caucasian if requested to do so by the
individual or organization.
Subd. 7. [EXEMPTION FROM STATUTES AND RULES.] Except as
provided in this section, an outcome-based school is exempt from
all statutes and rules applicable to a school board or school
district, although it may elect to comply with one or more
provisions of statutes or rules.
Subd. 8. [REQUIREMENTS.] (a) An outcome-based school shall
meet the same health and safety requirements required of a
school district.
(b) The school must be located in Minnesota. Its specific
location may not be prescribed or limited by a sponsor or other
authority except a zoning authority.
(c) The school must be nonsectarian in its programs,
admission policies, employment practices, and all other
operations. A sponsor may not authorize an outcome-based school
or program that is affiliated with a nonpublic sectarian school
or a religious institution.
(d) The primary focus of the school must be to provide a
comprehensive program of instruction for at least one grade or
age group from five through 18 years of age. Instruction may be
provided to people younger than five years and older than 18
years of age.
(e) The school may not charge tuition.
(f) The school is subject to and shall comply with chapter
363 and section 126.21.
(g) The school is subject to and shall comply with the
pupil fair dismissal act, sections 127.26 to 127.39, and the
Minnesota public school fee law, sections 120.71 to 120.76.
(h) The school is subject to the same financial audits,
audit procedures, and audit requirements as a school district.
The audit must be consistent with the requirements of sections
121.901 to 121.917, except to the extent deviations are
necessary because of the program at the school. The department
of education, state auditor, or legislative auditor may conduct
financial, program, or compliance audits.
(i) The school is a school district for the purposes of
tort liability under chapter 466.
Subd. 9. [ADMISSION REQUIREMENTS.] The school may limit
admission to:
(1) pupils within an age group or grade level;
(2) people who are eligible to participate in the high
school graduation incentives program under section 126.22;
(3) pupils who have a specific affinity for the school's
teaching methods, the school's learning philosophy, or a subject
such as mathematics, science, fine arts, performing arts, or a
foreign language; or
(4) residents of a specific geographic area if the
percentage of the population of non-Caucasian people in the
geographic area is greater than the percentage of the
non-Caucasian population in the congressional district in which
the geographic area is located, as long as the school reflects
the racial and ethnic diversity of that area.
The school shall enroll an eligible pupil who submits a
timely application, unless the number of applications exceeds
the capacity of a program, class, grade level, or building. In
this case, pupils shall be accepted by lot.
The school may not limit admission to pupils on the basis
of intellectual ability, measures of achievement or aptitude, or
athletic ability.
Subd. 10. [PUPIL PERFORMANCE.] An outcome-based school
must design its programs to at least meet the outcomes adopted
by the state board of education. In the absence of state board
requirements, the school must meet the outcomes contained in the
contract with the sponsor. The achievement levels of the
outcomes contained in the contract may exceed the achievement
levels of any outcomes adopted by the state board.
Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] The
school's board of directors shall employ and contract with
necessary teachers, as defined by section 125.03, subdivision 1,
who hold valid licenses to perform the particular service for
which they are employed in the school. The board may employ
necessary employees who are not required to hold teaching
licenses to perform duties other than teaching and may contract
for other services. The board may discharge teachers and
nonlicensed employees.
The board of directors also shall decide matters related to
the operation of the school, including budgeting, curriculum and
operating procedures.
Subd. 12. [HANDICAPPED PUPILS.] The school must comply
with sections 120.03 and 120.17 and rules relating to the
education of handicapped pupils as though it were a school
district.
Subd. 13. [LENGTH OF SCHOOL YEAR.] An outcome-based school
shall provide instruction each year for at least the number of
days required by section 120.101, subdivision 5. It may provide
instruction throughout the year according to sections 120.59 to
120.67 or 121.585.
Subd. 14. [REPORTS.] An outcome-based school must report
at least annually to its sponsor and the state board of
education the information required by the sponsor or the state
board. The reports are public data under chapter 13.
Subd. 15. [TRANSPORTATION.] Transportation for pupils
enrolled at a school shall be provided by the district in which
the school is located, according to sections 120.062,
subdivision 9, and 123.39, subdivision 6, for a pupil residing
in the same district in which the outcome-based school is
located. Transportation may be provided by the district in
which the school is located, according to sections 120.062,
subdivision 9, and 123.39, subdivision 6, for a pupil residing
in a different district.
Subd. 16. [LEASED SPACE.] The school may lease space from
a board eligible to be a sponsor or other public or private
nonprofit nonsectarian organization.
Subd. 17. [INITIAL COSTS.] A sponsor may authorize a
school before the applicant has secured its space, equipment,
facilities, and personnel if the applicant indicates the
authority is necessary for it to raise working capital. A
sponsor may not authorize a school before the state board of
education has approved the authorization.
Subd. 18. [DISSEMINATE INFORMATION.] The department of
education must disseminate information to the public, directly
and through sponsors, on how to form and operate an
outcome-based school and how to utilize the offerings of an
outcome-based school.
Subd. 19. [LEAVE TO TEACH IN A SCHOOL.] If a teacher
employed by a school district makes a written request for an
extended leave of absence to teach at an outcome-based school,
the school district must grant the leave. The school district
must grant a leave for any number of years requested by the
teacher, and must extend the leave at the teacher's request.
The school district may require that the request for a leave or
extension of leave be made up to 90 days before the teacher
would otherwise have to report for duty. Except as otherwise
provided in this subdivision and except for section 125.60,
subdivision 6a, the leave is governed by section 125.60,
including, but not limited to, reinstatement, notice of
intention to return, seniority, salary, and insurance.
During a leave, the teacher may continue to aggregate
benefits and credits in the teachers' retirement association
account by paying both the employer and employee contributions
based upon the annual salary of the teacher for the last full
pay period before the leave began. The retirement association
may impose reasonable requirements to efficiently administer
this subdivision.
Subd. 20. [COLLECTIVE BARGAINING.] Employees of the board
of directors of the school may, if otherwise eligible, organize
under chapter 179A and comply with its provisions. The board of
directors of the school is a public employer, for the purposes
of chapter 179A, upon formation of one or more bargaining units
at the school. Bargaining units at the school are separate from
any other units.
Subd. 21. [CAUSES FOR NONRENEWAL OR TERMINATION.] (a) The
duration of the contract with a sponsor shall be for the term
contained in the contract according to subdivision 5. The
sponsor, subject to state board of education approval, may or
may not renew a contract at the end of the term for any ground
listed in paragraph (b). A sponsor or the state board may
unilaterally terminate a contract during the term of the
contract for any ground listed in paragraph (b). At least 60
days before not renewing or terminating a contract, the sponsor,
or the state board if the state board is acting to terminate a
contract, shall notify the board of directors of the school of
the proposed action in writing. The notice shall state the
grounds for the proposed action in reasonable detail and that
the school's board of directors may request in writing an
informal hearing before the sponsor or the state board within 14
days of receiving notice of nonrenewal or termination of the
contract. Failure by the board of directors to make a written
request for a hearing within the 14 day period shall be treated
as acquiescence to the proposed action. Upon receiving a timely
written request for a hearing, the sponsor or the state board
shall give reasonable notice to the school's board of directors
of the hearing date. The sponsor or the state board shall
conduct an informal hearing before taking final action. The
sponsor shall take final action to renew or not renew a contract
by the last day of classes in the school year.
(b) A contract may be terminated or not renewed upon any of
the following grounds:
(1) failure to meet the requirements for pupil performance
contained in the contract;
(2) failure to meet generally accepted standards of fiscal
management;
(3) for violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed, the school
shall be dissolved according to the applicable provisions of
chapter 308A or 317A.
Subd. 22. [PUPIL ENROLLMENT.] If a contract is not renewed
or is terminated according to subdivision 21, a pupil who
attended the school, siblings of the pupil, or another pupil who
resides in the same place as the pupil may enroll in the
resident district or may submit an application to a nonresident
district according to section 120.062 at any time. Applications
and notices required by section 120.062 shall be processed and
provided in a prompt manner. The application and notice
deadlines in section 120.062 do not apply under these
circumstances.
Subd. 23. [GENERAL AUTHORITY.] The board of directors of
an outcome-based school may sue and be sued. The board may not
levy taxes or issue bonds.
Subd. 24. [IMMUNITY.] The state board of education,
members of the state board, a sponsor, members of the board of a
sponsor in their official capacity, and employees of a sponsor
are immune from civil or criminal liability with respect to all
activities related to an outcome-based school they approve or
sponsor. The board of directors shall obtain at least the
amount of and types of insurance required by the contract,
according to subdivision 5.
Sec. 4. Minnesota Statutes 1990, section 120.59, is
amended to read:
120.59 [FLEXIBLE SCHOOL PURPOSE OF FLEXIBLE LEARNING YEAR
PROGRAMS; PURPOSE.]
The purpose of sections 120.59 to 120.67 is to authorize
school districts to evaluate, plan and employ the use of
flexible school learning year programs. It is anticipated that
the open selection of the type of flexible school learning year
operation from a variety of alternatives will allow each
district which seeks to utilize this concept to suitably fulfill
the educational needs of its pupils. These alternatives shall
include, but not be limited to, various 45-15 plans,
four-quarter plans, quinmester plans, extended school learning
year plans, flexible all-year plans, and four-day week plans.
Sec. 5. Minnesota Statutes 1990, section 120.60, is
amended to read:
120.60 [DEFINITION OF FLEXIBLE LEARNING YEAR.]
"Flexible school learning year program" means any school
district plan approved by the state board of education which
utilizes school buildings and facilities during the entire year
and/or which provides forms of optional scheduling of pupils and
school personnel during the school learning year in elementary
and secondary schools or residential facilities for handicapped
children.
Sec. 6. Minnesota Statutes 1990, section 120.61, is
amended to read:
120.61 [ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.]
The school board of any district, with the approval of the
state board of education, may establish and operate a flexible
school learning year program in one or more of the schools day
or residential facilities for handicapped children within the
district.
Sec. 7. Minnesota Statutes 1990, section 120.62, is
amended to read:
120.62 [DIVISION OF CHILDREN INTO GROUPS.]
The school board of any district operating a flexible
school learning year program in one or more of the schools
facilities within the district shall divide the students of each
selected school facility into as many groups as necessary to
accommodate this program. Students of the same family shall be
placed in the same group unless one or more of these students is
enrolled in a special education class or unless the parent or
guardian of these students requests that the students be placed
in different groups. No school board shall discriminate on the
basis of race, color, creed, religion, marital status, status
with regard to public assistance, sex, or national origin when
assigning pupils to attendance groups pursuant to this section.
Sec. 8. Minnesota Statutes 1990, section 120.63, is
amended to read:
120.63 [PUBLIC HEARING BEFORE IMPLEMENTATION.]
Prior to implementing a flexible school learning year
program in any school facility of the district, the school board
shall negotiate with the teachers, principals, assistant
principals, supervisory personnel and employees of the school to
the extent required by the public employment labor relations
act, and shall consult with the parents of pupils who would be
affected by the change, and with the community at large. These
procedures shall include at least three informational meetings
for which the board has given published notice to the teachers
and employees and to the parents of pupils affected.
Sec. 9. Minnesota Statutes 1990, section 120.64, is
amended to read:
120.64 [ASSIGNMENT OF TEACHERS.]
Subdivision 1. In school districts where a flexible school
learning year program is implemented in fewer than all of
the schools facilities maintained by the school district, the
board of the school district shall make every reasonable effort
to assign qualified teachers who prefer the regular school a
traditional schedule to schools facilities of the same level
retaining the regular school a traditional schedule.
Subd. 2. A full-time classroom teacher currently employed
by a school district which converts to a flexible school
learning year program shall not, without the teacher's written
consent, be required to teach under this program (1) more or
less than the number of scheduled days or their equivalent
the schools facilities of the district were maintained during
the year preceding implementation of the flexible school
learning year program; (2) in a period of the calendar year
substantially different from the period in which the teacher
taught during the year preceding implementation of the flexible
learning year program.
Subd. 3. In no event shall a teacher's continuing contract
rights to a position held the year preceding implementation of a
flexible school learning year program or teaching experience
earned during a probationary period the year preceding
implementation be lost or impaired upon adoption of a
flexible school learning year program. If the year of teaching
preceding implementation was the end of a probationary period,
the continuing contract right to a full year's contract which
normally would be acquired for the next succeeding school
learning year shall be acquired in the year of adoption of the
flexible program.
Subd. 4. Any school district operating a flexible school
learning year program shall enter into one contract governing
the entire school learning year with each teacher employed in a
flexible program. If individual teachers contract to teach less
than a period of 175 days during a school learning year, each
175 days of employment accrued during any five-year period after
the adoption of a flexible learning year program shall be deemed
consecutive and shall constitute a full year's employment for
purposes of establishing and retaining continuing contract
rights to a full school learning year position pursuant to
sections 125.12, subdivisions 3 and 4, and 125.17, subdivisions
2 and 3. A teacher who has not been discharged or advised of a
refusal to renew the teacher's contract by the applicable date,
as specified in section 125.12 or 125.17, in the year in which
the teacher will complete the requisite number of days for
securing a continuing contract shall have a continuing
full school learning year contract with the district.
Subd. 5. Continuing contract rights established pursuant
to this section shall not be impaired or lost by the termination
of a flexible school learning year program.
Sec. 10. Minnesota Statutes 1990, section 120.65, is
amended to read:
120.65 [ESTABLISHMENT AND APPROVAL.]
The state board of education shall:
(1) establish standards and requirements for the
qualification of school districts which may operate on a
flexible school learning year basis;
(2) establish standards and evaluation criteria for
flexible school learning year programs;
(3) prepare and distribute all necessary forms for
application by any school district for state authorization for a
flexible school learning year program;
(4) review the proposed flexible school learning year
program of any qualified school district as to conformity to
standards and the evaluation of appropriateness of priorities,
workability of procedure and overall value;
(5) approve or disapprove proposed flexible school learning
year programs.
Sec. 11. Minnesota Statutes 1990, section 120.66, is
amended to read:
120.66 [POWERS AND DUTIES OF THE STATE BOARD.]
Subdivision 1. The state board of education shall:
(1) Promulgate rules necessary to the operation of sections
120.59 to 120.67;
(2) Cooperate with and provide supervision of flexible
school learning year programs to determine compliance with the
provisions of sections 120.59 to 120.67, the state board
standards and qualifications, and the proposed program as
submitted and approved;
(3) Provide any necessary adjustments of (a) attendance and
membership computations and (b) the dates and percentages of
apportionment of state aids;
(4) Consistent with the definition of "average daily
membership" in section 124.17, subdivision 2, furnish the board
of a district implementing a flexible school learning year
program with a formula for computing average daily membership.
This formula shall be computed so that tax levies to be made by
the district, state aids to be received by the district, and any
and all other formulas based upon average daily membership are
not affected solely as a result of adopting this plan of
instruction.
Subd. 2. Sections 120.59 to 120.67 shall not be construed
to authorize the state board to require the establishment of a
flexible school learning year program in any district in which
the school board has not voted to establish, maintain, and
operate such a program.
Sec. 12. Minnesota Statutes 1990, section 120.67, is
amended to read:
120.67 [TERMINATION OF PROGRAM.]
The school board of any district, with the approval of the
state board of education, may terminate a flexible school
learning year program in one or more of the schools day or
residential facilities for handicapped children within the
district. This section shall not be construed to permit an
exception to section 120.101 or 124.19.
Sec. 13. Minnesota Statutes 1990, section 121.11,
subdivision 12, is amended to read:
Subd. 12. [ADMINISTRATIVE RULES.] The state board may
adopt new rules only upon specific authority other than under
this subdivision. The state board may amend or repeal any of
its existing rules. 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 that attempt to make better use of community
resources or available technology. Notwithstanding any law to
the contrary, and only upon receiving the agreement of the state
board of teaching, the state board of education may grant a
variance to its rules governing licensure of teachers for those
teachers licensed by the board of teaching. The state board may
grant a variance, without the agreement of the board of
teaching, to its rules governing licensure of teachers for those
teachers it licenses.
Sec. 14. [121.162] [RECEIPTS; FUNDS.]
Subdivision 1. [CONFERENCE AND WORKSHOP FEES.] The
commissioner may establish procedures to set and collect fees to
defray costs of conferences and workshops conducted by the
department. The commissioner may keep accounts as necessary
within the state's accounting system for the deposit of the
conference and workshop fee receipts.
Subd. 2. [APPROPRIATION.] The receipts collected under
subdivision 1 are appropriated for payment of expenses relating
to the workshops and conferences.
Subd. 3. [CARRY-OVER AUTHORITY.] Unobligated balances
under subdivision 1 may be carried over as follows:
(1) when expenditures for which the receipts have been
designated occur in the following fiscal year; or
(2) to allow retention of minor balances in accounts for
conferences that are scheduled annually.
Subd. 4. [RECEIPTS AND REIMBURSEMENTS.] The commissioner
may accept receipts and payments from public and nonprofit
private agencies for related costs for partnership or
cooperative endeavors involving education activities that are
for the mutual benefit of the state, the department, and the
other agency. The commissioner may keep accounts as necessary
within the state's accounting system. The receipts must be
deposited in the special revenue fund.
Sec. 15. Minnesota Statutes 1990, section 121.931,
subdivision 6a, is amended to read:
Subd. 6a. [DATA STANDARD COMPLIANCE.] The department shall
monitor and enforce compliance with the data standards. For
financial accounting data and property accounting data, the
department shall develop statistically based tests to determine
data quality. The department shall annually test the data
submitted by districts or regional centers and determine which
districts submit inaccurate data. The department shall require
these districts to review the data in question and, if found in
error, to submit corrected data. The department shall develop
standard editing checks for data submitted and shall provide
these to districts and regional centers.
Sec. 16. Minnesota Statutes 1990, 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; and
(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 management information systems 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. 17. Minnesota Statutes 1990, section 121.931,
subdivision 8, is amended to read:
Subd. 8. [RULES.] The state board shall adopt rules
prescribing criteria for its decisions pursuant to subdivision
7. These rules shall include at least the criteria specified in
section 121.937. The state board shall also adopt rules
specifying the criteria and the process for determining which
data and data elements are included in the data element
dictionary and the annual data acquisition calendar developed
pursuant to section 121.932, subdivisions 1 and subdivision 2.
The state board shall adopt rules requiring regional management
information centers to use cost accounting procedures which will
account by district for resources consumed at the center for
support of each ESV-IS subsystem and of any approved alternative
financial management information systems. The adoption of the
systems architecture plan and the long range plan pursuant to
subdivisions 3 and 4 shall be exempt from the administrative
procedure act but, to the extent authorized by law to adopt
rules, the board may use the provisions of section 14.38,
subdivisions 5 to 9.
Sec. 18. Minnesota Statutes 1990, section 121.932,
subdivision 2, is amended to read:
Subd. 2. [DATA ACQUISITION CALENDAR.] The department of
education shall maintain a current annual data acquisition
calendar specifying the reports which districts are required to
provide to the department, the reports which regional management
information centers are required to provide must be provided to
the department for their affiliated districts, and the dates
when these reports are due.
Sec. 19. Minnesota Statutes 1990, section 121.932,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTION FROM CHAPTER 14.] Except as provided
in section 121.931, subdivision 8, the data element dictionary,
annual data acquisition calendar, and the essential data
elements are exempt from the administrative procedure act but,
to the extent authorized by law to adopt rules, the board may
use the provisions of section 14.38, subdivisions 5 to 9.
Sec. 20. Minnesota Statutes 1990, section 121.932,
subdivision 5, is amended to read:
Subd. 5. [ESSENTIAL DATA.] The department shall maintain a
list of essential data elements which must be recorded and
stored about each pupil, licensed and nonlicensed staff member,
and educational program. Each school district shall send the
essential data to the ESV regional computer center to which it
belongs, where it shall be assembled and transmitted or to the
department in the form and format prescribed by the department.
Sec. 21. Minnesota Statutes 1990, section 121.933,
subdivision 1, is amended to read:
Subdivision 1. [PERMITTED DELEGATIONS.] The state board of
technical colleges, the state board of education, and the
department may provide, by the delegation of powers and duties
or by contract, for the implementation and technical support of
ESV-IS and SDE-IS, including the development of applications
software pursuant to section 121.931, subdivision 5, by the
Minnesota educational computing consortium, by a regional
management information center or by any other appropriate
provider.
Sec. 22. Minnesota Statutes 1990, section 121.934,
subdivision 7, is amended to read:
Subd. 7. [ADVISORY DUTIES.] (a) Pursuant to section
121.931, the ESV computer council shall advise and assist the
state board in:
(1) the development of the long-range plan and the systems
architecture plan;
(2) the development of applications software for ESV-IS and
SDE-IS;
(3) the approval of the creation and alteration of regional
management information centers;
(4) the approval of the use by districts of alternative
management information systems; and
(5) the statewide applicability of alternative management
information systems proposed by districts; and
(6) the approval of annual and biennial plans and budgets
of regional management information centers; and
(7) the monitoring and enforcement of compliance with data
standards.
(b) The council shall also review the data standards
recommended by the council on uniform financial accounting and
reporting standards and the advisory task forces on uniform
standards for student reporting and personnel/payroll reporting
and make recommendations to the state board concerning:
(1) the consistency of the standards for finance, property,
student and personnel/payroll data with one another;
(2) the implications of the standards for implementation of
ESV-IS and SDE-IS; and
(3) the consistency of the standards with the systems
architecture plan and the long-range plan.
(c) Pursuant to section 121.932, the council shall advise
the department in the development and operation of SDE-IS.
Sec. 23. Minnesota Statutes 1990, section 121.935,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] Any group of two or more
independent, special or common school districts may with the
approval of the state board pursuant to sections 121.931 and
121.937 create a regional management information center pursuant
to section 123.58 or 471.59 to provide computer services to
school districts. A regional management information center
which is not in existence on July 1, 1979 shall not come into
existence until the first July 1 of an odd-numbered year after
its creation is approved by the state board or until it can be
accommodated by state appropriations, whichever occurs
first. Each member of the center board shall be a current
member of a member school board.
Sec. 24. Minnesota Statutes 1990, section 121.935,
subdivision 4, is amended to read:
Subd. 4. [BIENNIAL ANNUAL BUDGET ESTIMATES.] Every
regional management information center shall submit to the
department by July 1 of each even-numbered year a biennial an
annual budget estimate for its administrative and management
computer activities. The biennial budget estimates shall be in
a program budget format and shall include all estimated and
actual revenues, expenditures, and fund balances of the
center for the appropriate fiscal years. Budget forms developed
pursuant to section 16A.10 may be used for these estimates. The
department of education shall assemble this budget information
into a supplemental biennial budget summary for the statewide
elementary, secondary, and vocational management information
system. Copies of this supplemental biennial the budget summary
shall be provided to the ESV computer council and the department
of finance, and shall be available to the legislature upon
request.
Sec. 25. Minnesota Statutes 1990, 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 obligations, as defined in section
475.51, for computer hardware. 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 obligation. The district is not liable for any
additional outstanding regional debt obligations that occurs
occur after written notice is given to transfer or use an
alternative finance system. 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. If a district transfers to another
regional center, the center shall transfer to the district
within 90 days after the end of the fiscal year the district's
per actual pupil share of the center's unreserved fund balance
in each fund. The fund balance shall be determined as of June
30 preceding the year the district transfers.
Sec. 26. Minnesota Statutes 1990, section 121.935, is
amended by adding a subdivision to read:
Subd. 8. [COMPUTER HARDWARE PURCHASE.] A regional
management information center may not purchase or enter into a
lease-purchase agreement for computer hardware in excess of
$100,000 without unanimous consent of the center board.
Sec. 27. Minnesota Statutes 1990, section 121.936,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY PARTICIPATION.] (a) Every
district shall perform financial accounting and reporting
operations on a financial management accounting and reporting
system utilizing multidimensional accounts and records defined
in accordance with the uniform financial accounting and
reporting standards adopted by the state board pursuant to
sections 121.90 to 121.917.
(b) Every school district shall be affiliated with one and
only one regional management information center. This
affiliation shall include at least the following components:
(1) the center shall provide financial management
accounting reports to the department of education for the
district to the extent required by the data acquisition
calendar;
(2) the district shall process every detailed financial
transaction using, at the district's option, either the ESV-IS
finance subsystem through the center or an alternative system
approved by the state board.
Notwithstanding the foregoing, a district may process and
submit its financial data to a region or the state in summary
form if it operates an approved alternative system or
participates in a state approved pilot test of an alternative
system and is reporting directly to the state as of January 1,
1987.
(c) The provisions of this subdivision shall not be
construed to prohibit a district from purchasing services other
than those described in clause (b) from a center other than the
center with which it is affiliated pursuant to clause (b).
Districts operating an approved alternative system may
transfer their affiliation from one regional management
information center to another. At least one year prior to July
1 of the year in which the transfer is to occur, the district
shall give written notice to its current region of affiliation
of its intent to transfer to another region. The one year
notice requirement may be waived if the two regions mutually
agree to the transfer.
Sec. 28. Minnesota Statutes 1990, section 121.936,
subdivision 2, is amended to read:
Subd. 2. [ALTERNATIVE MANAGEMENT INFORMATION SYSTEMS.] A
district may be exempted from the requirement in subdivision 1,
clause (b)(2), if it receives the approval of the state board to
use uses another financial management information system
approved by the state board. A district permitted before July
1, 1980, to submit its financial transactions in summary form to
a regional management information center pursuant to subdivision
1 may continue to submit transactions in the approved form
without obtaining the approval of the state board pursuant to
this subdivision. A district may be exempted from the
requirement in subdivision 1a, clause (b), if it receives the
approval of the state board to use an alternative fixed assets
property management information system. Any district desiring
to use another management information system not previously
approved by the state board shall submit a detailed proposal to
the state board and the ESV computer council. The detailed
proposal shall include a statement of all costs to the district,
regional management information center or state for software
development or operational services needed to provide data to
the regional management information center pursuant to the data
acquisition calendar.
Sec. 29. Minnesota Statutes 1990, section 121.936,
subdivision 4, is amended to read:
Subd. 4. [ALTERNATIVE SYSTEMS; STATE BOARD.] Upon approval
of the proposal by the state board the district may proceed in
accordance with its approved proposal. Except as provided in
section 121.931, subdivision 5, an alternative system approved
pursuant to this subdivision shall be developed and purchased at
the expense of the district. Notwithstanding any law to the
contrary, when an alternative system has been approved by the
state board, another district may use the system without state
board approval. A district which has submitted a proposal for
an alternative system which has been disapproved may not submit
another proposal for that fiscal year, but it may submit a
proposal for the subsequent fiscal year.
Sec. 30. Minnesota Statutes 1990, section 121.937,
subdivision 1, is amended to read:
Subdivision 1. [APPROVAL CRITERIA.] The criteria adopted
by the state board for approval of the creation of a regional
management information center, the transfer of a school
district's affiliation from one regional management information
center to another, and the approval of an alternative management
information system shall include:
(a) The provisions of the plans adopted by the state board
pursuant to section 121.931, subdivisions 3 and 4;
(b) The cost effectiveness of the proposed center, transfer
or alternative;
(c) The effect of the proposed center, transfer or
alternative on existing regional management information centers;
and
(d) Whichever of the following is applicable:
(i) The ability of a proposed center to comply with section
121.935, or the effect of a transfer on a center's ability to
comply with section 121.935, or
(ii) The ability of a proposed alternative financial
management information system to comply with section 121.936,
subdivision 1, clauses (a) and (b) (1), or
(iii) The ability of a proposed alternative fixed assets
property management information system to comply with sections
section 121.936, subdivision 1, clause (b)(1), and 121.936,
subdivision 1a, clause (a).
Sec. 31. Minnesota Statutes 1990, section 122.41, is
amended to read:
122.41 [POLICY DUTY TO MAINTAIN ELEMENTARY AND SECONDARY
SCHOOLS.]
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 Each school district shall
maintain classified elementary and secondary schools, grades 1
through 12, unless a the district is exempt according to section
122.34 or 122.355, has made an agreement with another district
or districts as provided in sections 122.535, 122.541, or
sections 122.241 to 122.248, or 122.93, subdivision 8, or has
received a grant under sections 124.492 to 124.495. A district
that has an agreement according to sections 122.241 to 122.248
or 122.541 shall operate a school with the number of grades
required by those sections. A district that has an agreement
according to section 122.535 or 122.93, subdivision 8, or has
received a grant under sections 124.492 to 124.495 shall operate
a school for the grades not included in the agreement, but not
fewer than three grades.
Sec. 32. Minnesota Statutes 1990, section 122.541,
subdivision 7, is amended to read:
Subd. 7. [MEETING LOCATION.] Notwithstanding any law to
the contrary, school boards that have an agreement may hold a
valid joint meeting at any location that would be permissible
for one of the school boards participating in the meeting. A
school board that has an agreement may hold a meeting in any
district that is a party to the agreement. The school board
shall comply with section 471.705 and any other law applicable
to a meeting of a school board.
Sec. 33. [122.895] [EMPLOYEES OF COOPERATIVE DISTRICTS
UPON DISSOLUTION OR WITHDRAWAL.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, "teacher" means a teacher as defined in section 125.12,
subdivision 1, who is employed by a district or center listed in
subdivision 2, except that it does not include a superintendent.
"Cooperative" means any district or center to which this section
applies.
Subd. 2. [APPLICABILITY.] This section applies to:
(1) an education district organized according to sections
122.91 to 122.95;
(2) a cooperative vocational center organized according to
section 123.351;
(3) a joint powers district or board organized according to
section 471.59 which employs teachers to provide instruction;
(4) a joint vocational technical district organized
according to sections 136C.60 to 136C.69;
(5) an intermediate district organized according to chapter
136D; and
(6) an educational cooperative service unit which employs
teachers to provide instruction.
Subd. 3. [NOTIFICATION OF TEACHERS.] In any year in which
a cooperative dissolves or a member withdraws from a
cooperative, the governing board of a cooperative shall provide
all teachers employed by the cooperative written notification by
March 10 of:
(1) the dissolution of the cooperative and the effective
date of dissolution; or
(2) the withdrawal of a member of the cooperative and the
effective date of withdrawal.
Subd. 4. [RIGHTS OF A TEACHER WITH A CONTINUING CONTRACT
IN A MEMBER DISTRICT UPON DISSOLUTION.] (a) This subdivision
applies to a teacher previously employed in a member district
who:
(1) had a continuing contract with that member district;
(2) has been continuously employed immediately after
leaving that member district by one or more cooperatives that
provided instruction to pupils enrolled in that member district;
and
(3) is either a probationary teacher or has a continuing
contract with the cooperative that is dissolving.
(b) A teacher may elect to resume the teacher's continuing
contract with the member district by which the teacher was
previously employed by filing a written notice of the election
with the member school board on or before March 20. Failure by
a teacher to file a written notice by March 20 of the year the
teacher receives a notice according to subdivision 3 constitutes
a waiver of the teacher's rights under this subdivision.
The member district shall make reasonable realignments of
positions to accommodate the seniority rights of a teacher
electing to resume continuing contract rights in the member
district according to this subdivision.
Upon returning the teacher shall receive credit for:
(1) all years of continuous service under contract with the
cooperative and the member district for all purposes relating to
seniority, compensation, and employment benefits; and
(2) the teacher's current educational attainment on the
member district's salary schedule.
(c) A teacher who does not elect to return to the member
district according to this subdivision may exercise rights under
subdivision 5.
Subd. 5. [RIGHTS OF OTHER TEACHERS UPON DISSOLUTION.] (a)
This subdivision applies to a teacher who:
(1) has a continuing contract with the cooperative; and
(2) either did not have a continuing contract with any
member district or does not return to a member district
according to the procedures set forth in subdivision 4,
paragraph (b).
(b) By May 10 of the school year in which the cooperative
provides the notice required by subdivision 3, clause (1), the
cooperative shall provide to each teacher described in
subdivision 4 and this subdivision a written notice of available
teaching positions in any member district to which the
cooperative was providing services at the time of dissolution.
Available teaching positions are all teaching positions that,
during the school year following dissolution:
(1) are positions for which the teacher is licensed; and
(2) are not assigned to a continuing contract teacher
employed by a member school district after any reasonable
realignments which may be necessary under the applicable
provisions of section 125.12, subdivision 6a or 6b, to
accommodate the seniority rights of teachers employed by the
member district.
(c) On or before June 1 of the school year in which the
cooperative provides the notice required by subdivision 3,
clause (1), any teacher wishing to do so must file with the
school board a written notice of the teacher's intention to
exercise the teacher's rights to an available teaching
position. Available teaching positions shall be offered to
teachers in order of their seniority within the dissolved
cooperative.
(d) Paragraph (e) applies to:
(1) a district that was a member of a dissolved
cooperative; or
(2) any other district that, except as a result of open
enrollment according to section 120.062, provides essentially
the same instruction provided by the dissolved cooperative to
pupils enrolled in a former member district.
(e) For five years following dissolution of a cooperative,
a district to which this subdivision applies may not appoint a
new teacher or assign a probationary or provisionally licensed
teacher to any position requiring licensure in a field in which
the dissolved cooperative provided instruction until the
following conditions are met:
(1) a district to which this subdivision applies has
provided each teacher formerly employed by the dissolved
cooperative, who holds the requisite license, written notice of
the position; and
(2) no teacher holding the requisite license has filed a
written request to be appointed to the position with the school
board within 30 days of receiving the notice.
If no teacher files a request according to clause (2), the
district may fill the position as it sees fit. During any part
of the school year in which dissolution occurs and the first
school year following dissolution, a teacher may file a request
for an appointment according to this paragraph regardless of
prior contractual commitments with other member districts.
Available teaching positions shall be offered to teachers in
order of their seniority on a combined seniority list of the
teachers employed by the cooperative and the appointing district.
(f) A teacher appointed according to this subdivision is
not required to serve a probationary period. The teacher shall
receive credit on the appointing district's salary schedule for
the teacher's years of continuous service under contract with
the cooperative and the member district and the teacher's
educational attainment at the time of appointment or shall
receive a comparable salary, whichever is less. The teacher
shall receive credit for accumulations of sick leave and rights
to severance benefits as if the teacher had been employed by the
member district during the teacher's years of employment by the
cooperative.
Subd. 6. [RIGHTS OF A TEACHER WITH A CONTINUING CONTRACT
IN A MEMBER DISTRICT UPON WITHDRAWAL OF THE DISTRICT.] (a) This
subdivision applies to a teacher previously employed by a member
district who:
(1) had a continuing contract with the member district
which withdraws from a cooperative;
(2) has been continuously employed immediately after
leaving that member district by one or more cooperatives that
provided instruction to pupils enrolled in that member district;
and
(3) is either a probationary teacher or has a continuing
contract with the cooperative from which the member district is
withdrawing.
(b) A teacher may elect to resume the teacher's continuing
contract with the withdrawing district by which the teacher was
previously employed by filing a written notice of the election
with the withdrawing school board on or before March 20.
Failure by a teacher to file written notice by March 20 of the
year the teacher receives a notice according to subdivision 3
constitutes a waiver of a teacher's rights under this
subdivision.
The member district shall make reasonable realignments of
positions to accommodate the seniority rights of a teacher
electing to resume continuing contract rights in the member
district according to this subdivision.
Upon returning, the teacher shall receive credit for:
(1) all years of continuous service under contract with the
cooperative and the member district for all purposes relating to
seniority, compensation, and employment benefits; and
(2) the teacher's current educational attainment on the
member district's salary schedule.
Subd. 7. [RIGHTS OF A TEACHER PLACED ON UNREQUESTED LEAVE
UPON WITHDRAWAL.] (a) This subdivision applies to a teacher who
is placed on unrequested leave of absence, according to section
125.12, subdivision 6a or 6b, in the year in which the
cooperative provides the notice required by subdivision 3,
clause (2), by a cooperative from which a member district is
withdrawing.
This subdivision applies to a district that, except as a
result of open enrollment according to section 120.062, provides
essentially the same instruction provided by the cooperative to
pupils enrolled in the withdrawing district.
(b) A teacher shall be appointed by a district to which
this subdivision applies to an available teaching position which:
(1) is in a field of licensure in which pupils enrolled in
the withdrawing district received instruction from the
cooperative; and
(2) is within the teacher's field of licensure.
For the purpose of this paragraph, an available teaching
position means any position that is vacant or would otherwise be
occupied by a probationary or provisionally licensed teacher.
(c) A board may not appoint a new teacher to an available
teaching position unless no teacher holding the requisite
license on unrequested leave from the cooperative has filed a
written request for appointment. The request shall be filed
with the board of the appointing district within 30 days of
receiving written notice from the appointing board that it has
an available teaching position. If no teacher holding the
requisite license files a request according to this paragraph,
the district may fill the position as it sees fit. Available
teaching positions shall be offered to teachers in order of
their seniority on a combined seniority list of the teachers
employed by the cooperative and the withdrawing member district.
(d) A teacher appointed according to this subdivision is
not required to serve a probationary period. The teacher shall
receive credit on the appointing district's salary schedule for
the teacher's years of continuous service under contract with
the cooperative and the member district and the teacher's
educational attainment at the time of appointment or shall
receive a comparable salary, whichever is less. The teacher
shall receive credit for accumulations of sick leave and rights
to severance benefits as if the teacher had been employed by the
member district during the teacher's years of employment by the
cooperative.
Subd. 8. [NONLICENSED EMPLOYEES UPON DISSOLUTION.] A
nonlicensed employee who is terminated by a cooperative that
dissolves shall be appointed by a district that is a member of
the dissolved cooperative to a position that is created within
12 months of the dissolution of the cooperative and is created
as a result of the dissolution of the cooperative. A position
shall be offered to a nonlicensed employee, who fulfills the
qualifications for that position, in order of the employee's
seniority within the dissolved cooperative.
Subd. 9. [NONLICENSED EMPLOYEES UPON WITHDRAWAL.] A
nonlicensed employee of a cooperative whose position is
discontinued as a result of the withdrawal of a member district
from the cooperative shall be appointed by the withdrawing
member district to a position that is created within 12 months
of the withdrawal and is created as a result of the withdrawal
of the member district. A position shall be offered to a
nonlicensed employee, who fulfills the qualifications for that
position, in order of the employee's seniority within the
cooperative from which a member district withdraws.
Sec. 34. Minnesota Statutes 1990, section 123.34,
subdivision 9, is amended to read:
Subd. 9. [SUPERINTENDENT.] All districts maintaining a
classified secondary school shall employ a superintendent who
shall be an ex officio nonvoting member of the school board.
The authority for selection and employment of a superintendent
shall be vested in the school board in all cases. An individual
employed by a school board as a superintendent shall have an
initial employment contract for a period of time no longer than
four three years from the date of employment. The initial
employment contract must terminate on June 30 of an odd-numbered
year. Any subsequent employment contract between a school board
and the same individual to serve as a superintendent may not
extend beyond June 30 of the next odd-numbered year. Any
subsequent employment contract must not exceed a period of three
years. A school board, at its discretion, may or may not renew,
at its discretion, an initial employment contract or a
subsequent employment contract. A school board may terminate a
superintendent during the term of an employment contract for any
of the grounds specified in section 125.12, subdivision 6 or 8.
A superintendent shall not rely upon an employment contract with
a school board to assert any other continuing contract rights in
the position of superintendent under section 125.12.
Notwithstanding the provisions of sections 122.532, 122.541,
125.12, subdivision 6a or 6b, or any other law to the contrary,
no individual shall have a right to employment as a
superintendent based on seniority or order of employment in any
district. If two or more school districts enter into an
agreement for the purchase or sharing of the services of a
superintendent, the contracting districts have the absolute
right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no
individual has a right to employment as the superintendent to
provide all or part of the services based on seniority or order
of employment in a contracting district. An individual who
holds a position as superintendent in one of the contracting
districts, but is not selected to perform the services, may be
placed on unrequested leave of absence or may be reassigned to
another available position in the district for which the
individual is licensed. The superintendent of a district shall
perform the following:
(1) visit and supervise the schools in the district, report
and make recommendations about their condition when advisable or
on request by the board;
(2) recommend to the board employment and dismissal of
teachers;
(3) superintend school grading practices and examinations
for promotions;
(4) make reports required by the commissioner of education;
and
(5) perform other duties prescribed by the board.
Sec. 35. Minnesota Statutes 1990, section 123.34,
subdivision 10, is amended to read:
Subd. 10. [PRINCIPALS.] Each public school building , as
defined by section 120.05, subdivision 2, clauses (1), (2) and
(3), in an independent school district shall be under the
supervision of a principal who is assigned to that
responsibility by the board of education in that school district
upon the recommendation of the superintendent of schools of that
school district. If pupils in kindergarten through grade 12
attend school in one building, one principal may supervise the
building.
Each principal assigned the responsibility for the
supervision of a school building shall hold a valid
certification license in the assigned position of supervision
and administration as established by the rules of the state
board of education.
The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of
the superintendent of schools of the school district and in
accordance with the policies, rules, and regulations of the
board of education, for the planning, management, operation, and
evaluation of the education program of the building or buildings
to which the principal is assigned.
Sec. 36. Minnesota Statutes 1990, section 123.35, is
amended by adding a subdivision to read:
Subd. 20. [LEGAL COUNSEL; REIMBURSEMENT.] If reimbursement
is requested by a school district employee, the board may, after
consulting with its legal counsel, reimburse the employee for
any costs and reasonable attorney fees incurred by the person to
defend criminal charges brought against the person arising out
of the performance of duties for the school district. A board
member who is a witness or an alleged victim in the case may not
vote on the reimbursement. If a quorum of the board is
disqualified from voting on the reimbursement, the reimbursement
shall be approved by a judge of the district court.
Sec. 37. Minnesota Statutes 1990, section 123.3514,
subdivision 4, is amended to read:
Subd. 4. [AUTHORIZATION; NOTIFICATION.] Notwithstanding
any other law to the contrary, an 11th or 12th grade pupil,
except a foreign exchange pupil enrolled in a district under a
cultural exchange program, may apply to an eligible institution,
as defined in subdivision 3, to enroll in nonsectarian courses
offered at that post-secondary institution. If an institution
accepts a secondary pupil for enrollment under this section, the
institution shall send written notice to the pupil, the pupil's
school district, and the commissioner of education within ten
days of acceptance. The notice shall indicate the course and
hours of enrollment of that pupil. If the pupil enrolls in a
course for post-secondary credit, the institution shall notify
the pupil about payment in the customary manner used by the
institution.
Sec. 38. Minnesota Statutes 1990, section 123.3514,
subdivision 6, is amended to read:
Subd. 6. [FINANCIAL ARRANGEMENTS.] At the end of each
school year, the department of education shall pay the tuition
reimbursement amount within 30 days to the post-secondary
institutions for courses that were taken for secondary credit.
The amount of tuition reimbursement shall equal the lesser of:
(1) the actual costs of tuition, textbooks, materials, and
fees directly related to the course taken by the secondary
pupil; or
(2) an amount equal to the difference between the basic
revenue of the district for that pupil and an amount computed by
multiplying the basic revenue of the district for that pupil by
a ratio. The ratio to be used is the total number of hours that
the pupil is enrolled in courses in the secondary school during
the regular school year over the total number of secondary
instructional hours per pupil in that pupil's resident district.
The amount paid for each pupil shall be subtracted from the
general education aid paid to the pupil's district of
attendance. If the amount to be subtracted is greater than the
amount of general education aid due the district, the excess
reduction shall be made from other state aids due to the
district. For fiscal year 1992, for a pupil attending a
post-secondary institution under this section, whether the pupil
is enrolled in the post-secondary institution for secondary
credit, post-secondary credit, or a combination of both, a
school district shall receive aid equal to the sum of:
(1) 12 percent of the formula allowance, according to
section 124.22, subdivision 2, times 1.3; plus
(2) for a pupil who attends a secondary school part time,
the formula allowance, according to section 124.22, subdivision
2, times 1.3, times the ratio of the total number of hours the
pupil is in membership for courses taken by the pupil for
credit, to 1020 hours.
If a pupil is enrolled in a course for post-secondary credit,
the school district shall include the pupil in the average daily
membership only for the portion of time during which the pupil
is enrolled in courses at the secondary school and enrolled in
courses at a post-secondary institution for secondary credit.
The department shall not pay any tuition reimbursement or
other costs of a course taken for post-secondary credit only.
For fiscal year 1993 and thereafter, a post-secondary
institution shall be reimbursed according to the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance,
multiplied by 1.3, and divided by 30.
For fiscal year 1993 and thereafter, a school district
shall receive:
(1) for a pupil who is not enrolled in classes at a
secondary school, 12 percent of the formula allowance, according
to section 124.22, subdivision 2, times 1.3; or
(2) for a pupil who attends a secondary school part time,
88 percent of the product of the formula allowance, according to
section 124.22, subdivision 2, times 1.3, times the ratio of the
total number of hours the pupil is in membership for courses
taken by the pupil for credit, to 1020 hours.
Sec. 39. Minnesota Statutes 1990, section 123.3514,
subdivision 6b, is amended to read:
Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.]
At the end of each school year, the department of education
shall pay the tuition reimbursement amount to the post-secondary
institutions for courses taken to fulfill high school graduation
requirements by pupils eligible for adult high school graduation
aid. The amount of the tuition reimbursement equals the lesser
of:
(1) the actual costs of tuition, textbooks, materials, and
fees directly related to the course or program taken by the
pupil; or
(2) an amount equal to the difference between the adult
high school graduation aid attributable to that pupil and an
amount computed by multiplying the adult high school graduation
aid by the ratio of the total number of hours that the pupil is
enrolled in courses in the secondary school during the regular
school year over the total number of secondary instructional
hours per pupil in that pupil's resident district.
The amount of tuition reimbursement paid for each pupil
shall be subtracted from the adult high school graduation aid
paid to the pupil's district of attendance. For fiscal year
1992, for a pupil attending a post-secondary institution under
this section, whether the pupil is enrolled in the
post-secondary institution for secondary credit, post-secondary
credit, or a combination of both, a school district shall
receive aid equal to the sum of:
(1) 12 percent of the formula allowance, according to
section 124.22, subdivision 2, times 1.3; plus
(2) for a pupil who attends a secondary school part time,
the adult high school graduation aid times 1.3, times the ratio
of the total number of hours the pupil is in membership for
courses taken by the pupil for credit, to 1020 hours.
If a pupil is enrolled in a course for post-secondary credit,
the school district shall include the pupil in average daily
membership as computed under section 120.17, subdivision 1, only
for the portion of time during which the pupil is enrolled in
courses at the secondary school and enrolled in courses at the
post-secondary institution for secondary credit.
The department must not pay any tuition reimbursement or
other costs of a course taken for post-secondary credit only.
For fiscal year 1993 and thereafter, a post-secondary
institution shall be reimbursed according to the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance
multiplied by 1.3, and divided by 30.
For fiscal year 1993 and thereafter, a school district
shall receive:
(1) for a pupil who is not enrolled in classes at a
secondary program, 12 percent of the adult high school
graduation aid, times 1.3; or
(2) for a pupil who attends classes at a secondary program
part time, 88 percent of the product of the adult high school
graduation aid, times 1.3, times the ratio of the total number
of hours the pupil is in membership for courses taken by the
pupil for credit to 1020 hours.
Sec. 40. Minnesota Statutes 1990, section 123.38,
subdivision 2b, is amended to read:
Subd. 2b. (a) The board may take charge of and control all
extracurricular activities of the teachers and children of the
public schools in the district. Extracurricular activities
shall mean all direct and personal services for public school
pupils for their enjoyment that are managed and operated under
the guidance of an adult or staff member.
(b) Extracurricular activities have all of the following
characteristics:
(a) (1) they are not offered for school credit nor required
for graduation;
(b) (2) they are generally conducted outside school hours,
or if partly during school hours, at times agreed by the
participants, and approved by school authorities;
(c) (3) the content of the activities is determined
primarily by the pupil participants under the guidance of a
staff member or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be
self-sustaining with all expenses, except direct salary costs
and indirect costs of the use of school facilities, met by dues,
admissions, or other student fundraising events. The general
fund or the technical colleges fund, if applicable, shall
reflect only those salaries directly related to and readily
identified with the activity and paid by public funds. Other
revenues and expenditures for extra curricular activities must
be recorded according to the "Manual of Instruction for Uniform
Student Activities Accounting for Minnesota School Districts and
Area Vocational-Technical Colleges." Extracurricular activities
not under board control must have an annual financial audit and
must also be audited annually for compliance with this section.
(d) If the board takes charge of and controls
extracurricular activities, any or all costs of these activities
may be provided from school revenues. and all revenues and
expenditures for these activities shall be recorded in the same
manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls
extracurricular activities, no such activity shall be
participated in by the teachers or pupils in the district, nor
shall the school name or any allied name be used in connection
therewith, except by consent and direction of the board.
Sec. 41. Minnesota Statutes 1990, section 123.744, is
amended to read:
123.744 [SCHOOL BOARDS; STUDENT MEMBERS.]
The board of directors of any school district may shall
appoint a student to serve as an advisory member to the school
board or shall establish a youth advisory council to make formal
and informal recommendations to the school board. If a student
advisory member is appointed to the board, the student shall
serve as an advisory member to the board only while attending
school in the district, and shall not receive any compensation
or be reimbursed for any expenses incurred while serving in this
capacity.
A student advisory member may shall be permitted to attend
school board meetings, to be furnished with agenda materials, to
introduce items for inclusion in the agenda, and to participate
in discussion but shall not be entitled to vote.
If a youth advisory council is established, the board shall
meet with council members at least three times per year to
discuss education matters and board actions affecting the
district student population.
Neither the student member nor youth advisory council
members may participate in any closed discussion concerning the
negotiation or implementation of a collective bargaining
agreement and must not be present at a closed meeting permitted
under section 471.705, subdivision 1a or 1d.
Sec. 42. Minnesota Statutes 1990, section 124.17, is
amended by adding a subdivision to read:
Subd. 1c. [FOREIGN EXCHANGE PUPILS.] Notwithstanding
section 123.35, subdivision 8c, or any other law to the
contrary, a foreign exchange pupil enrolled in a district under
a cultural exchange program may be counted as a resident pupil
for the purposes of chapters 124 and 124A and section 275.125
even if the pupil has graduated from high school or the
equivalent.
Sec. 43. [124.248] [REVENUE FOR AN OUTCOME-BASED SCHOOL.]
Subdivision 1. [GENERAL EDUCATION REVENUE.] General
education revenue shall be paid to an outcome-based school as
though it were a school district. The general education revenue
for each pupil unit is the state average general education
revenue per pupil unit, calculated without compensatory revenue,
plus compensatory revenue as though the school were a school
district.
Subd. 2. [CAPITAL EXPENDITURE EQUIPMENT REVENUE.] Capital
expenditure equipment aid shall be paid to an outcome-based
school according to section 124.245, subdivision 6, as though it
were a school district. Capital expenditure equipment aid shall
equal capital expenditure equipment revenue. Notwithstanding
section 124.244, subdivision 4, an outcome-based school may use
the revenue for any purpose related to the school.
Subd. 3. [SPECIAL EDUCATION AID.] Special education aid
shall be paid to an outcome-based school according to section
124.32 as though it were a school district. The school may
charge tuition to the district of residence as provided in
section 120.17, subdivision 4. The district of residence shall
levy as provided in section 275.125, subdivision 8c, as though
it were participating in a cooperative.
Subd. 4. [OTHER AID, GRANTS, REVENUE.] An outcome-based
school is eligible to receive other aids, grants, and revenue
according to chapters 120 to 129, as though it were a school
district. However, it may not receive aid, a grant, or revenue
if a levy is required to obtain the money, except as otherwise
provided in this section. Federal aid received by the state
must be paid to the school, if it qualifies for the aid as
though it were a school district.
Subd. 5. [USE OF STATE MONEY.] Money received from the
state may not be used to purchase land or buildings. The school
may own land and buildings if obtained through nonstate sources.
Sec. 44. Minnesota Statutes 1990, section 125.09,
subdivision 4, is amended to read:
Subd. 4. [MANDATORY REPORTING.] A school board shall
report to the board of teaching, the state board of education,
or the state board of technical colleges, whichever has
jurisdiction over the teacher's license, when its teacher is
discharged or resigns from employment after a charge is filed
with the school board under section 125.17, subdivisions 4,
clauses (1), (2), and (3), and 5, or after charges are filed
that are ground for discharge under section 125.12, subdivision
8, clauses (a), (b), (c), (d), and (e), or when a teacher is
suspended or resigns while an investigation is pending under
section 125.12, subdivision 8, clauses (a), (b), (c), (d), and
(e); 125.17, subdivisions 4, clauses (1), (2), and (3), and 5;
or 626.556. The report must be made to the board within ten
days after the discharge, suspension, or resignation has
occurred. The board to which the report is made shall
investigate the report for violation of subdivision 1 and the
reporting school board shall cooperate in the investigation.
Notwithstanding any provision in chapter 13 or any law to the
contrary, upon written request from the licensing board having
jurisdiction over the teacher's license, a school board or
school superintendent shall provide the licensing board with
information about the teacher from the school district's files,
any termination or disciplinary proceeding, any settlement or
compromise, or any investigative file. Upon written request
from the appropriate licensing board, a school board or school
superintendent may, at the discretion of the school board or
school superintendent, solicit the written consent of a student
and the student's parent to provide the licensing board with
information that may aid the licensing board in its
investigation and license proceedings. The licensing board's
request need not identify a student or parent by name. The
consent of the student and the student's parent must meet the
requirements of chapter 13 and Code of Federal Regulations,
title 34, section 99.30. The licensing board may provide a
consent form to the school district. Any data transmitted to
any board under this section shall be private data under section
13.02, subdivision 12, notwithstanding any other classification
of the data when it was in the possession of any other agency.
The board to which a report is made shall transmit to the
attorney general's office any record or data it receives under
this subdivision for the sole purpose of having the attorney
general's office assist that board in its investigation. When
the attorney general's office has informed an employee of the
appropriate licensing board in writing that grounds exist to
suspend or revoke a teacher's license to teach, that licensing
board must consider suspending or revoking or decline to suspend
or revoke the teacher's license within 45 days of receiving a
stipulation executed by the teacher under investigation or a
recommendation from an administrative law judge that
disciplinary action be taken.
Sec. 45. Minnesota Statutes 1990, section 125.12,
subdivision 3, is amended to read:
Subd. 3. [PROBATIONARY PERIOD.] The first three
consecutive years of a teacher's first teaching experience in
Minnesota in a single school district shall be deemed to be a
probationary period of employment, and after completion thereof,
the probationary period in each school district in which the
teacher is thereafter employed shall be one year. The school
site management team, or the school board if there is no school
site management team, shall adopt a plan for written evaluation
of teachers during the probationary period according to
subdivision 3a or 3b. Effective July 1, 1988, Evaluation by the
peer review committee charged with evaluating probationary
teachers under subdivision 3a shall occur at least three times
each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher
performing services on 60 to 119 school days, and at least one
time each year for a teacher performing services on fewer than
60 school days. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school shall not be
included in determining the number of school days on which a
teacher performs services. During the probationary period any
annual contract with any teacher may or may not be renewed as
the school board, after consulting with the peer review
committee charged with evaluating probationary teachers under
subdivision 3a, shall see fit; provided, however, that the
school board shall give any such teacher whose contract it
declines to renew for the following school year written notice
to that effect before June 1. If the teacher requests reasons
for any nonrenewal of a teaching contract, the school board
shall give the teacher its reason in writing, including a
statement that appropriate supervision was furnished describing
the nature and the extent of such supervision furnished the
teacher during the employment by the board, within ten days
after receiving such request. The school board may, after a
hearing held upon due notice, discharge a teacher during the
probationary period for cause, effective immediately, under
section 123.35, subdivision 5.
Sec. 46. Minnesota Statutes 1990, section 125.12, is
amended by adding a subdivision to read:
Subd. 3a. [PEER REVIEW FOR PROBATIONARY TEACHERS.] A
school must have a peer review committee charged with evaluating
each probationary teacher at least three times each year for a
period of three years as required under subdivision 3. The
purpose of the evaluation procedure is to improve the
probationary teacher's instructional effectiveness. The school
site management team, or the school board if there is no school
site management team, after consulting with a representative of
the peer review committee and the school principal or other
person having general control and supervision of the school,
shall adopt a procedure for written evaluations of probationary
teachers. The evaluation procedure must be structured as a
continuing and cooperative process between the probationary
teacher, the peer review committee, and the school principal or
other person having general control and supervision of the
school. The school site management team, or the school board if
there is no school site management team, shall make available a
written description of the evaluation procedure, including
evaluation policies and criteria, to each newly hired teacher
and to each probationary teacher. As part of the evaluation
procedure, the school and the school district shall provide the
necessary resources to assist a probationary teacher to improve
those areas of instruction identified by the teacher, the peer
review committee, or the principal or other person having
general control and supervision of the school as in need of
improvement. The school and the school district also shall
provide to each probationary teacher opportunities for
professional growth experiences, including in-service training.
Sec. 47. Minnesota Statutes 1990, section 125.12, is
amended by adding a subdivision to read:
Subd. 3b. [APPLICABILITY.] Subdivision 3a does not apply
to a school district that has formally adopted a probationary
teacher review process that has been mutually agreed upon by the
exclusive representative of the teachers in the district and the
school board.
Sec. 48. Minnesota Statutes 1990, section 125.12, is
amended by adding a subdivision to read:
Subd. 4a. [PEER REVIEW FOR CONTINUING CONTRACT
TEACHERS.] A school must have a peer review committee for
continuing contract teachers to provide the teachers with the
opportunity for positive interaction and professional growth to
help students learn more effectively. The peer review committee
must not judge teacher competency nor determine whether to
suspend or terminate a teacher. Members of the peer review
committee must be selected by the school site management team,
or by the exclusive bargaining representative if there is no
school site management team. The selecting body shall establish
an equitable process for selecting members of the peer review
committee and an orderly cycle for rotating members. Only
teachers with continuing contracts shall serve as members of the
peer review committee. The peer review committee shall review
once each school year each teacher with a continuing contract
performing services on 120 or more school days. The review
process must allow experienced teachers to improve instructional
effectiveness through professional learning and development
opportunities that include exchanging and internalizing ideas
about the components of competent teaching. An in-service
training session must be held at the beginning of each school
year to train members of the peer review committee to facilitate
teachers' reflections about the assumptions, beliefs, and
practices underlying teaching. The selecting body shall design
the training sessions and give the members of the peer review
committee the necessary time off from their classroom
responsibilities to perform the duties listed in this
subdivision.
Sec. 49. [125.135] [STAFF EXCHANGE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A staff exchange program
is established to allow local school districts to arrange
temporary and voluntary exchanges among 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 must determine the assignments 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 district.
(g) A participant is responsible for transportation to and
from the host school district.
(h) 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.
(i) 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.
Sec. 50. [125.138] [FACULTY EXCHANGE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A program of faculty
exchange is established to allow school districts and
post-secondary institutions to arrange temporary exchanges
between members of their instructional staffs. These
arrangements must be made on a voluntary cooperative basis
between a school district and post-secondary institution, or
between post-secondary institutions. Exchanges between
post-secondary institutions may occur among campuses in the same
system or in different systems.
Subd. 2. [USES OF PROGRAM.] Each participating school
district and post-secondary institution may determine the way in
which the instructional staff member's time is to be used, but
it must be in a way that promotes understanding of the needs of
each educational system or institution. For example, a public
school teacher may teach courses, provide counseling and
tutorial services, assist with the preparation of future
teachers, or take professional development courses. A
post-secondary teacher might teach advanced placement courses or
other classes to aid an underserved population at the school
district, counsel students about future educational plans, or
work with teachers to better prepare students for post-secondary
education. Participation need not be limited to one school or
institution and may involve other groups including educational
cooperative service units.
Subd. 3. [SALARIES; BENEFITS; CERTIFICATION.] Exchanges
made under the program must not have a negative effect on
participants' salaries, seniority, or other benefits.
Notwithstanding sections 123.35, subdivision 6, and 125.04, a
member of the instructional staff of a post-secondary
institution may teach in an elementary or secondary school or
perform a service, agreed upon according to this section, for
which a license would otherwise be required without holding the
applicable license. In addition, a licensed teacher employed by
a school district may teach or perform a service, agreed upon
according to this section, at a post-secondary institution
without meeting the applicable qualifications of the
post-secondary institution. A school district is not subject to
section 124.19, subdivision 3, as a result of entering into an
agreement according to this section that enables a
post-secondary instructional staff member to teach or provide
services in the district. All arrangements and details
regarding the exchange must be mutually agreed to by each
participating school district and post-secondary institution
before implementation.
Sec. 51. [125.1385] [EXCHANGES BETWEEN EDUCATION FACULTY.]
Subdivision 1. [AUTHORITY; LIMITS.] The state university
board and the board of regents of the University of Minnesota
may develop programs to exchange faculty between colleges or
schools of education and school districts, subject to section
125.138.
The programs must be used to assist in improving teacher
education by involving current teachers in education courses and
placing post-secondary faculty in elementary and secondary
classrooms. Programs must include exchanges that extend beyond
the immediate service area of the institution to address the
needs of different types of schools, students, and teachers.
Subd. 2. [COMPENSATION.] State money for faculty exchange
programs is to compensate for expenses that are unavoidable and
beyond the normal living expenses exchange participants would
incur if they were not involved in this exchange. The state
university board, the board of regents, or the University of
Minnesota, and their respective campuses, in conjunction with
the participating school districts, must control costs for all
participants as much as possible, through means such as
arranging housing exchanges, providing campus housing, and
providing university, state, or school district cars for
transportation. The boards and campuses may seek other sources
of funding to supplement these appropriations, if necessary.
Sec. 52. Minnesota Statutes 1990, section 125.17,
subdivision 2, is amended to read:
Subd. 2. [PROBATIONARY PERIOD; DISCHARGE OR DEMOTION.] All
teachers in the public schools in cities of the first class
during the first three years of consecutive employment shall be
deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be
renewed as the school board, after consulting with the peer
review committee charged with evaluating the probationary
teachers under subdivision 2a or 2b, shall see fit. The school
site management team or the school board if there is no school
site management team, shall adopt a plan for a written
evaluation of teachers during the probationary period according
to subdivision 2a. Effective July 1, 1988, Evaluation by the
peer review committee charged with evaluating probationary
teachers under subdivision 2a shall occur at least three times
each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher
performing services on 60 to 119 school days, and at least one
time each year for a teacher performing services on fewer than
60 school days. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school shall not be
included in determining the number of school days on which a
teacher performs services. The school board may, during such
probationary period, discharge or demote a teacher for any of
the causes as specified in this code. A written statement of
the cause of such discharge or demotion shall be given to the
teacher by the school board at least 30 days before such removal
or demotion shall become effective, and the teacher so notified
shall have no right of appeal therefrom.
Sec. 53. Minnesota Statutes 1990, section 125.17, is
amended by adding a subdivision to read:
Subd. 2a. [PEER REVIEW FOR PROBATIONARY TEACHERS.] A
school must have a peer review committee charged with evaluating
each probationary teacher at least three times each year for a
period of three years as required under subdivision 3. The
purpose of the evaluation procedure is to improve the
probationary teacher's instructional effectiveness. The school
site management team, or the school board if there is no school
site management team, after consulting with a representative of
the peer review committee and the school principal or other
person having general control and supervision of the school,
shall adopt a procedure for written evaluations of probationary
teachers. The evaluation procedure must be structured as a
continuing and cooperative process between the probationary
teacher, the peer review committee, and the school principal or
other person having general control and supervision of the
school. The school site management team, or the school board if
there is no school site management team, shall make available a
written description of the evaluation procedure, including
evaluation policies and criteria, to each newly hired teacher
and to each probationary teacher. As part of the evaluation
procedure, the school and the school district shall provide the
necessary resources to assist a probationary teacher to improve
those areas of instruction identified by the teacher, the peer
review committee, or the principal or other person having
general control and supervision of the school as in need of
improvement. The school and the school district also shall
provide to each probationary teacher opportunities for
professional growth experiences, including in-service training.
Sec. 54. Minnesota Statutes 1990, section 125.17, is
amended by adding a subdivision to read:
Subd. 2b. [APPLICABILITY.] Subdivision 2a does not apply
to a school district that has formally adopted a probationary
teacher review process that has been mutually agreed upon by the
exclusive representative of the teachers in the district and the
school board.
Sec. 55. Minnesota Statutes 1990, section 125.17, is
amended by adding a subdivision to read:
Subd. 3a. [PEER REVIEW FOR NONPROBATIONARY TEACHERS.] A
peer review committee for nonprobationary teachers shall exist
in each school to provide nonprobationary teachers with the
opportunity for positive interaction and professional growth to
help students learn more effectively. The peer review committee
must not judge teacher competency nor determine whether to
discharge or demote a teacher. Members of the peer review
committee must be selected by the school site management team,
or by the exclusive bargaining representative if there is no
school site management team. The selecting body shall establish
an equitable process for selecting members of the peer review
committee and an orderly cycle for rotating members. Only
nonprobationary teachers shall serve as members of the peer
review committee. The peer review committee shall review once
each school year each nonprobationary teacher performing
services on 120 or more school days. The review process must
allow experienced teachers to improve instructional
effectiveness through professional learning and development
opportunities that include exchanging and internalizing ideas
about the components of competent teaching. An in-service
training session must be held at the beginning of each school
year to train members of the peer review committee to facilitate
teachers' reflections about the assumptions, beliefs, and
practices underlying teaching. The selecting body shall design
the training session and give the members of the peer review
committee the necessary time off from the classroom
responsibilities to perform the duties listed in this
subdivision.
Sec. 56. [125.191] [LICENSE AND DEGREE EXEMPTION FOR HEAD
COACH.]
Notwithstanding section 125.03, subdivision 1, a school
district may employ as a head varsity coach of an
interscholastic sport at its secondary school a person who does
not have a license as head varsity coach of interscholastic
sports and who does not have a bachelor's degree if:
(1) in the judgment of the school board, the person has the
knowledge and experience necessary to coach the sport;
(2) the position has been posted as a vacancy within the
present teaching staff for a period of 30 days and no licensed
coaches have applied for the position;
(3) the person can verify completion of six quarter
credits, or the equivalent, or 60 clock hours of instruction in
first aid and the care and prevention of athletic injuries; and
(4) the person can verify completion of a coaching methods
or theory course.
Notwithstanding section 125.121, a person employed as a
head varsity coach under this section has an annual contract as
a coach that the school board may or may not renew as the board
sees fit, after annually posting the position as required in
clause (2) and no licensed coach has applied for the position.
Sec. 57. Minnesota Statutes, section 126.12, subdivision
1, is amended to read:
Subdivision 1. Except for learning programs during summer
and for, flexible school learning year programs authorized
pursuant to under sections 120.59 to 120.67, and learning year
programs under section 121.585, a school district shall not
commence an elementary or secondary school year prior to Labor
Day. Days which are devoted to teachers' workshops may be held
before Labor Day. Districts that enter into cooperative
agreements are encouraged to adopt similar school calendars.
Sec. 58. Minnesota Statutes 1990, section 126.266,
subdivision 2, is amended to read:
Subd. 2. A teacher serving under an exemption as provided
in subdivision 1 shall be granted a license as soon as that
teacher qualifies for it. Not more than one year of service by
a teacher under an exemption shall be credited to the teacher
for the purposes of section 125.12, and not more than two years
shall be credited to the teacher for purposes of section 125.17;
and the one or two years shall be deemed to precede immediately
and be consecutive with the year in which the teacher becomes
licensed. For purposes of section 125.17, a teacher shall
receive credit equal to the number of years the teacher served
under an exemption.
Sec. 59. Minnesota Statutes 1990, section 128C.01, is
amended by adding a subdivision to read:
Subd. 5. [CERTAIN COMMERCIAL RELATIONSHIPS
PROHIBITED.] The board may not enter into corporate partnerships
or similar agreements with any business or commercial
organization that sells products or services used by student or
adult participants in league activities while they participate
in activities regulated by the league. The board may sell
advertising to any such business or organization if the
advertising is clearly identified as advertising paid for by the
business or commercial organization.
Sec. 60. [171.3215] [CANCELING A SCHOOL BUS DRIVER'S
ENDORSEMENT FOR CRIMES AGAINST MINORS.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them.
(1) "School bus driver" means a person possessing a school
bus driver's endorsement on a valid Minnesota driver's license
or a person possessing a valid Minnesota driver's license who
drives a vehicle with a seating capacity of ten or less persons
used as a school bus.
(2) "Crime against a minor" means an act committed against
a minor victim that constitutes a violation of section 609.185,
609.19, 609.195, 609.20, 609.205, 609.21, subdivision 1,
609.221, 609.222, 609.223, 609.342, 609.343, 609.344, 609.345,
609.352, or a felony violation of section 609.322, 609.323,
609.324, or 609.377.
Subd. 2. [CANCELLATION.] The commissioner within 10 days
of receiving notice under section 631.40, subdivision 1a, that a
school bus driver has committed a crime against a minor shall
permanently cancel the school bus driver's endorsement on the
offender's driver's license. Upon canceling the offender's
school bus driver's endorsement, the department shall
immediately notify the licensed offender of the cancellation in
writing, by depositing in the United States post office a notice
addressed to the licensed offender at the licensed offender's
last known address, with postage prepaid thereon.
Subd. 3. [BACKGROUND CHECK.] Before issuing or renewing a
driver's license with a school bus driver's endorsement, the
department shall conduct an investigation to determine whether
the applicant has been convicted of committing a crime against a
minor. The department shall not issue a new bus driver's
endorsement and shall not renew an existing bus driver's
endorsement if the applicant has been convicted of committing a
crime against a minor.
Sec. 61. Minnesota Statutes 1990, section 203B.085, is
amended to read:
203B.085 [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN DURING
CERTAIN HOURS PRECEDING ELECTION.]
The county auditor's office in each county must be open for
acceptance of absentee ballot applications and casting of
absentee ballots between the hours of 1:00 to 3:00 p.m. on
Saturday and 5:00 to 7:00 p.m. on Monday immediately preceding a
primary or general election. The school district clerk, when
performing the county auditor's election duties, need not comply
with this section.
Sec. 62. Minnesota Statutes 1990, section 214.10, is
amended by adding a subdivision to read:
Subd. 9. [ACTS AGAINST MINORS.] (a) As used in this
subdivision, the following terms have the meanings given them.
(1) "Licensed person" means a person who is licensed under
this chapter by the board of nursing, the board of psychology,
the social work licensing board, the board of marriage and
family therapy, the board of unlicensed mental health service
providers, or the board of teaching.
(2) "Crime against a minor" means conduct that constitutes
a violation of section 609.185, 609.19, 609.195, 609.20,
609.205, 609.21, 609.215, 609.221, 609.222, 609.223, 609.342,
609.343, 609.345, or a felony violation of section 609.377.
(b) In any license revocation proceeding, there is a
rebuttable presumption that a licensed person who is convicted
in a court of competent jurisdiction of committing a crime
against a minor is unfit to practice the profession or
occupation for which that person is licensed.
Sec. 63. Minnesota Statutes 1990, section 245A.03,
subdivision 2, is amended to read:
Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to
245A.16 do not apply to:
(1) residential or nonresidential programs that are
provided to a person by an individual who is related;
(2) nonresidential programs that are provided by an
unrelated individual to persons from a single related family;
(3) residential or nonresidential programs that are
provided to adults who do not abuse chemicals or who do not have
a chemical dependency, a mental illness, mental retardation or a
related condition, a functional impairment, or a physical
handicap;
(4) sheltered workshops or work activity programs that are
certified by the commissioner of jobs and training;
(5) programs for children enrolled in kindergarten to the
12th grade and prekindergarten regular and special education
programs that are operated by the commissioner of education or a
school as defined in section 120.101, subdivision 4;
(6) nonresidential programs for children that provide care
or supervision for periods of less than three hours a day while
the child's parent or legal guardian is in the same building or
present on property that is contiguous with the physical
facility where the nonresidential program is provided;
(7) nursing homes or hospitals licensed by the commissioner
of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner
of health that provide services for five or more persons whose
primary diagnosis is mental illness who have refused an
appropriate residential program offered by a county agency.
This exclusion expires on July 1, 1990;
(9) homes providing programs for persons placed there by a
licensed agency for legal adoption, unless the adoption is not
completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that
operate for fewer than 40 calendar days in a calendar year;
(12) programs whose primary purpose is to provide social or
recreational activities, for adults or school-age children,
including children who will be eligible to enter kindergarten
within not more than four months, social and recreational
activities, such as scouting, boys clubs, girls clubs, sports,
or the arts; except that a program operating in a school
building is not excluded unless it is approved by the district's
school board;
(13) head start nonresidential programs which operate for
less than 31 days in each calendar year;
(14) noncertified boarding care homes unless they provide
services for five or more persons whose primary diagnosis is
mental illness or mental retardation;
(15) nonresidential programs for nonhandicapped children
provided for a cumulative total of less than 30 days in any
12-month period;
(16) residential programs for persons with mental illness,
that are located in hospitals, until the commissioner adopts
appropriate rules;
(17) the religious instruction of school-age children;
Sabbath or Sunday schools; or the congregate care of children by
a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its
regular worship;
(18) camps licensed by the commissioner of health under
Minnesota Rules, chapter 4630;
(19) mental health outpatient services for adults with
mental illness or children with emotional disturbance; or
(20) residential programs serving school-age children whose
sole purpose is cultural or educational exchange, until the
commissioner adopts appropriate rules.
For purposes of clause (5), the department of education,
after consulting with the department of human services, shall
adopt standards applicable to preschool programs administered by
public schools that are similar to Minnesota rules, parts
9503.005 to 9503.0175. These standards are exempt from
rulemaking under chapter 14.
Sec. 64. Minnesota Statutes 1990, section 275.065,
subdivision 3, is amended to read:
Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The
county auditor shall prepare and the county treasurer shall
deliver on or before November 10 each year, by first class mail
to each taxpayer at the address listed on the county's current
year's assessment roll, a notice of proposed property taxes and,
in the case of a town, final property taxes.
(b) The commissioner of revenue shall prescribe the form of
the notice.
(c) The notice must inform taxpayers that it contains the
amount of property taxes each taxing authority other than a town
proposes to collect for taxes payable the following year as
required in paragraph (d) or (e) and, for a town, the amount of
its final levy. It must clearly state that each taxing
authority, other than a town or special taxing district, will
hold a public meeting to receive public testimony on the
proposed budget and proposed or final property tax levy, or, in
case of a school district, on the current budget and proposed
property tax levy. It must clearly state the time and place of
each taxing authority's meeting and an address where comments
will be received by mail. It must state the time and place for
the continuation of the hearing if the hearing is not completed
on the original date.
(d) Except as provided in paragraph (e), for taxes levied
in 1990 and 1991, the notice must state by county, city or town,
and school district:
(1) the total proposed or, for a town, final property tax
levy for taxes payable the following year after reduction for
state aid;
(2) the percentage increase or decrease from the actual
property tax levy for taxes payable in the current year; and
(3) for counties, cities, and towns, the increase or
decrease in population from the second previous calendar year to
the immediately prior calendar year, and for school districts,
the increase or decrease in the number of pupils in average
daily membership from the second previous school year to the
immediately prior school year as determined by the commissioner
of education. The data used to determine the increase or
decrease in population under this clause must be the data used
for purposes of the population adjustment to the levy limit base
of the county, city, or town under section 275.51, subdivision 6.
For purposes of this paragraph, "proposed property taxes
after reduction for state aid" means the taxing authority's levy
certified under section 275.07, subdivision 1.
(e) In the case of a county containing a city of the first
class, or taxing authority lying wholly within a county or
counties containing a city of the first class, for taxes levied
in 1991, and thereafter, and for all counties for taxes levied
in 1992 and thereafter, the notice must state for each parcel:
(1) the market value of the property as defined under
section 272.03, subdivision 8, for property taxes payable in the
following year and for taxes payable the current year;
(2) by county, city or town, school district, the sum of
the special taxing districts, and as a total of the taxing
authorities, including special taxing districts, the proposed
or, for a town, final net tax on the property for taxes payable
the following year and the actual tax for taxes payable the
current year; and
(3) the increase or decrease in the amounts in clause (2)
from taxes payable in the current year to proposed or, for a
town, final taxes payable the following year, expressed as a
dollar amount and as a percentage.
(f) The notice must clearly state that the proposed or
final taxes do not include the following:
(1) special assessments;
(2) levies approved by the voters after the date the
proposed taxes are certified, including bond referenda, school
district levy referenda, and levy limit increase referenda;
(3) amounts necessary to pay cleanup or other costs due to
a natural disaster occurring after the date the proposed taxes
are certified; and
(4) amounts necessary to pay tort judgments against the
taxing authority that become final after the date the proposed
taxes are certified.
Sec. 65. Minnesota Statutes 1990, section 275.065,
subdivision 5a, is amended to read:
Subd. 5a. [PUBLIC ADVERTISEMENT.] (a) A city, county, or
school district shall advertise in a newspaper a notice of its
intent to adopt a budget and property tax levy or, in the case
of a school district, a property tax levy, to review its current
budget and proposed property taxes payable the following year at
a public hearing. The notice must be published not less than
two days nor more than six days before the hearing.
The advertisement must be at least one-eighth page in size
of a standard-size or a tabloid-size newspaper, and the
headlines in the advertisement stating the notice of proposed
property taxes and the notice of public hearing must be in a
type no smaller than 24-point. The text of the advertisement
must be no smaller than 18-point, except that the property tax
amounts and percentages may be in 14-point type. The
advertisement must not be placed in the part of the newspaper
where legal notices and classified advertisements appear. The
advertisement must be published in an official newspaper of
general circulation in the taxing authority. The newspaper
selected must be one of general interest and readership in the
community, and not one of limited subject matter. The
advertisement must appear in a newspaper that is published at
least once per week.
(b) The advertisement must be in the following form, except
that the notice for a school district must not may include
references to the current budget hearings or to adoption of a
budget: in regard to proposed property taxes.
"NOTICE OF
PROPOSED PROPERTY TAXES
(City/County/School District) of .........
The governing body of ........ will soon hold budget hearings
and vote on the property taxes for (city/county services that
will be provided in 199_/school district services that will be
provided in 199_ and 199_).
The property tax amounts below compare current
(city/county/school district) property taxes and the property
taxes that would be collected in 199_ if the budget now being
considered is approved.
199_ Proposed 199_ 199_ Increase
Property Taxes Property Taxes or Decrease
$........ $........ .....%
NOTICE OF PUBLIC HEARING:
All concerned citizens are invited to attend a public hearing
and express their opinions on the proposed (city/county/school
district) budget and property taxes, or in the case of a school
district, its current budget and proposed property taxes,
payable the following year. The hearing will be held on
(Month/Day/Year) at (Time) at (Location, Address).
A continuation of the hearing, if necessary, will be held on
(Month/Day/Year) at (Time) at (Location, Address).
Written comments may be directed to (Address)."
Sec. 66. 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 review its current budget and
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, 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. 67. Minnesota Statutes 1990, section 279.03,
subdivision 1a, is amended to read:
Subd. 1a. [RATE AFTER DECEMBER 31, 1990.] (a) Except as
provided in paragraph (b), interest on delinquent property
taxes, penalties, and costs unpaid on or after January 1, 1991,
shall be payable at the per annum rate determined in section
270.75, subdivision 5. If the rate so determined is less than
ten percent, the rate of interest shall be ten percent. The
maximum per annum rate shall be 14 percent if the rate specified
under section 270.75, subdivision 5, exceeds 14 percent. The
rate shall be subject to change on January 1 of each year.
(b) If a person is the owner of one or more parcels of
property on which taxes are delinquent, and the aggregate tax
capacity of that property exceeds 5 percent of the total tax
capacity of the school district in which the property is
located, interest on the delinquent property taxes, penalties,
and costs unpaid after January 1, 1992, shall be payable at
twice the rate determined under paragraph (a) for the year.
Sec. 68. Minnesota Statutes 1990, section 281.17, is
amended to read:
281.17 [PERIOD FOR REDEMPTION.]
The period of redemption for all lands sold to the state at
a tax judgment sale shall be three years from the date of sale
to the state of Minnesota if the land is within an incorporated
area unless it is: (a) nonagricultural homesteaded land as
defined in section 273.13, subdivision 22,; (b) homesteaded
agricultural land as defined in section 273.13, subdivision 23,
paragraph (a),; or (c) seasonal recreational land as defined in
section 273.13, subdivision 23, paragraph (c), or subdivision
25, paragraph (d)(1) or (c)(4), clause (5), in for which
event the period of redemption is five years from the date of
sale to the state of Minnesota.
The period of redemption for homesteaded lands as defined
in section 273.13, subdivision 22, located in a targeted
neighborhood as defined in Laws 1987, chapter 386, article 6,
section 4, and sold to the state at a tax judgment sale is three
years from the date of sale. The period of redemption for all
lands located in a targeted neighborhood as defined in Laws
1987, chapter 386, article 6, section 4, except homesteaded
lands as defined in section 273.13, subdivision 22, and sold to
the state at a tax judgment sale is one year from the date of
sale.
The period of redemption for all other lands sold to the
state at a tax judgment sale shall be five years from the date
of sale, except that the period of redemption for nonhomesteaded
agricultural land as defined in section 273.13, subdivision 23,
paragraph (b), shall be two years from the date of sale if at
that time that property is owned by a person who owns one or
more parcels of property on which taxes are delinquent, and the
aggregate tax capacity of that property exceeds 5 percent of the
total tax capacity of the school district in which the property
is located.
Sec. 69. Minnesota Statutes 1990, section 364.09, is
amended to read:
364.09 [EXCEPTIONS.]
(a) This chapter shall not apply to the practice of law
enforcement, to fire protection agencies, to eligibility for a
private detective or protective agent license, to eligibility
for a family day care license, a family foster care license, a
home care provider license, to eligibility for a license issued
or renewed by the board of teaching or state board of education,
to eligibility for school bus driver endorsements, or to
eligibility for juvenile corrections employment where the
offense involved child physical or sexual abuse or criminal
sexual conduct.
(b) This chapter does not apply to a school district.
(c) Nothing in this section shall be construed to preclude
the Minnesota police and peace officers training board or the
state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney
general's discretion to apply to law enforcement or fire
protection agencies.
Sec. 70. Minnesota Statutes 1990, section 631.40, is
amended to read:
631.40 [JUDGMENT ON CONVICTION; JUDGMENT ROLL DEFINED.]
Subdivision 1. When judgment upon a conviction is
rendered, the court administrator shall enter the judgment upon
the minutes, stating briefly the offense for which the
conviction was had. The court administrator shall then
immediately attach together and file the papers specified in
clauses (1) to (5). The judgment roll consists of the papers
specified in clauses (1) to (5):
(1) a copy of the minutes of challenge made by the
defendant to the panel of the grand jury, or to an individual
grand juror, and the proceedings and decisions on the
challenges;
(2) the indictment or complaint and a copy of the minutes
of the plea or motion to dismiss or to grant appropriate relief;
(3) a copy of the minutes of a challenge made to the panel
of the trial jury or to an individual juror, and the proceedings
and decision on the challenge;
(4) a copy of the minutes of the trial; and
(5) a copy of the minutes of the judgment.
Subd. 1a. When a person is convicted of committing a crime
against a minor as defined in section 171.3215, subdivision 1,
the court shall order that the presentence investigation include
information about whether the offender is a school bus driver as
defined in section 171.3215, subdivision 1, whether the offender
possesses a school bus driver's endorsement on the offender's
driver's license and in what school districts the offender
drives a school bus. If the offender is a school bus driver or
possesses a school bus driver's endorsement, the court
administrator shall send a certified copy of the conviction to
the department of public safety and to the school districts in
which the offender drives a school bus.
Subd. 2. [CRIMES AGAINST MINORS.] When a person is
convicted of committing a crime against a minor as defined in
section 214.10, subdivision 9, the court shall order that the
presentence investigation include information about any
professional or occupational license held by the offender. If
the offender is a licensed person under section 214.10,
subdivision 9, the court administrator shall send a certified
copy of the conviction to the board having jurisdiction over the
offender's license. Within 30 days of receiving notice of the
conviction, the appropriate licensing board must initiate
proceedings to consider revoking the offender's license.
Sec. 71. [RULEMAKING; TEACHER PREPARATION TIME.]
By May 1, 1992, the state board of education shall adopt a
rule under Minnesota Statutes, chapter 14, establishing
preparation time requirements for elementary school staff that
are comparable to the preparation time requirements for
secondary school staff established in Minnesota Rules, part
3500.3700, subpart 3. In adopting the rule, the state board
shall consider the length and structure of the elementary day
and, if appropriate, permit preparation time to be scheduled at
more than one time during the school day. The rule must be
effective for the 1992-1993 school year. The state board shall
establish a process and criteria for granting one-year variances
from the rule for districts that are unable to comply for the
1992-1993 school year.
Sec. 72. [SPECIAL EFFECTIVE DATE AND APPLICABILITY TO
MID-RANGE SPECIAL EDUCATION COOPERATIVE NO. 932.]
Section 122.895, subdivisions 4 and 5, are applicable to
the dissolution of the Mid-Range special education cooperative
No. 932 on the day following final enactment. The member
districts, independent school district No. 695, Chisholm,
independent school district No. 698, Floodwood, and independent
school district No. 701, Hibbing, shall be treated as if they
were equal partners in the dissolution. The deadline specified
in section 122.895, subdivision 4, paragraph (b), for notice of
a teacher's exercise of rights under that subdivision is 11 days
following the day following final enactment. The deadline
specified in section 122.895, subdivision 5, paragraph (b), for
notice to teachers of available positions is 21 days following
the day following final enactment. Teachers employed by the
Mid-Range special education cooperative No. 932 shall be
notified under section 122.895, subdivision 5, paragraph (b), of
available teaching positions as follows: teachers shall be
given written notice of available teaching positions only in the
member district or districts to which the teacher was providing
services through the cooperative at the time of dissolution.
The deadline specified in section 122.895, subdivision 5,
paragraph (c), for notice of a teacher's exercise of rights
under that subdivision is 37 days following the day following
final enactment.
Sec. 73. [REGIONAL CENTER EXPENDITURE LIMIT.]
For fiscal year 1993, a regional management information
center may not spend more money than the amount approved by the
state board in June 1992.
Sec. 74. [REGIONAL SUBSIDY DISTRIBUTION.]
Notwithstanding any law to the contrary, a regional
management information center may distribute regional subsidies
to the member districts.
Sec. 75. [REPEALER.]
Minnesota Statutes 1990, sections 120.105; 121.932,
subdivision 1; 121.933, subdivision 2; 121.935, subdivision 3;
121.937, subdivision 2; 122.43, subdivision 1; 123.3514,
subdivisions 6 and 6b; and 123.73, are repealed. Minnesota
Rules, parts 3560.0030, subparts 2(A), 4, and 5; 3560.0040,
subparts 2 and 4; and 3560.0060, are repealed.
Minnesota Statutes 1990, section 123.744, is repealed.
Laws 1988, chapter 703, article 1, section 23, as amended by
Laws 1989, chapter 293, section 81; and Laws 1989, chapters 293,
section 82, and 329, article 9, section 30, are repealed.
Sec. 76. [EFFECTIVE DATE.]
Section 123.38, subdivision 2b, is effective the day
following final enactment and applies to the 1990-1991 school
year and thereafter. Sections 123.33, subdivision 1; and
123.3514, subdivision 4 are effective the day following final
enactment and apply to 1991-1992 and later school years.
Sections 122.895; 123.35, subdivision 20; 125.09,
subdivision 4; 128C.01, subdivision 5; 214.10, subdivision 9 are
effective the day following final enactment. Section 122.41 is
effective July 1, 1992. Section 120.062, subdivision 8a,
paragraphs (b) and (c), are effective retroactively to December
1, 1990. Sections 123.3514, subdivision 4; and 124.17,
subdivision 1c are effective retroactively to July 1, 1990.
Section 281.17 is effective for taxes deemed delinquent after
December 31, 1991. Sections 125.12, subdivisions 3a and 4a; and
125.17, subdivisions 2a and 3a are effective July 1, 1993.
Sections 121.931, subdivisions 6a, 7, and 8; 121.932,
subdivisions 2, 3, and 5; 121.933, subdivision 1; 121.934,
subdivision 7; 121.935, subdivisions 1, 4, 6, and 8; 121.936,
subdivisions 1, 2, and 4; and 121.937, subdivision 1, are
effective July 1, 1993.
Under Minnesota Statutes, section 123.34, subdivision 9, a
contract executed before July 1, 1991, between a superintendent
and a school board that continues in effect beyond June 30,
1991, shall continue until terminated under those terms that
were lawful at the time the contract was executed.
Sections 15 to 30 are effective July 1, 1993. Section 74
is effective the day following final enactment.
ARTICLE 10
LIBRARIES
Section 1. Minnesota Statutes 1990, section 134.001,
subdivision 2, is amended to read:
Subd. 2. "Public library" means any library that provides
free access to all residents of a city or county without
discrimination, receives at least half of its financial support
from public funds and is organized under the provisions of
chapter 134. Except as provided in section 3, it does not
include libraries such as law, medical, school and academic
libraries organized to serve a special group of persons, or
libraries organized as a combination of a public library and
another type of library.
Sec. 2. Minnesota Statutes 1990, section 134.001,
subdivision 3, is amended to read:
Subd. 3. "Public library services" means services provided
by or on behalf of a public library and. Except as provided in
section 3, it does not include services for elementary schools,
secondary schools or post-secondary educational institutions.
Sec. 3. [134.195] [LIBRARY OPERATED BY CITY AND SCHOOL
DISTRICT.]
Subdivision 1. [ESTABLISHMENT.] A school district and a
city that has established a public library under sections 134.07
and 134.08, by ordinance or resolution, may jointly finance and
operate a public library for use by school students and the
public. If the city is already taxed for public library service
by a county, approval of the board of county commissioners is
required. If the city is served by a regional public library
system, approval of the regional public library system board is
required. Public library service established under this section
may be discontinued by action of the city council or the school
board upon one year's notice to the other party.
Subd. 2. [APPOINTMENT OF JOINT LIBRARY BOARD.] The
ordinance or resolution shall establish a library board of five,
seven, or nine members and shall state the number of members to
be appointed by the mayor, with the approval of the city
council, and the number of members to be appointed by the school
board. One member of the city council and one member of the
school board shall be appointed to the library board. The
remaining members of the library board may not be members of
either the city council or the school board. Board members
shall be residents of the city or the school district.
Subd. 3. [BOARD TERMS OF OFFICE.] The terms of office for
board members shall be established according to section 134.09,
subdivision 2.
Subd. 4. [REMOVAL OF BOARD MEMBERS.] The mayor, with the
approval of the council, or the school board may remove for
misconduct or neglect any member it has appointed to the library
board.
Subd. 5. [ABOLISHMENT OF BOARD.] Upon recommendation of a
majority of the library board established under subdivision 2,
the city council and the school board may abolish the library
board provided that the city council and the school district
shall immediately establish, by ordinance or resolution, a
successor library board of five, seven, or nine members. The
appointment of successor board members shall be as provided in
subdivision 2 and the terms shall be as provided in subdivision
3.
Subd. 6. [BOARD VACANCIES AND COMPENSATION.] The library
board president shall report a vacancy on the board to the
appointing authority who shall fill the vacancy by appointment
for the unexpired term. Library board members shall receive no
compensation for their services but may be reimbursed for actual
and necessary travel expenses incurred in the discharge of
library board duties and activities.
Subd. 7. [POWERS AND DUTIES OF BOARD.] Except as provided
in subdivision 9, the library board has the powers and duties
set forth in section 134.11, subdivision 2.
Subd. 8. [FUNDING.] The ordinance or resolution
establishing the library shall provide for joint financing of
the library by the school district and the city. The city shall
provide at least the minimum dollar amount established in
section 134.34, subdivision 1. The school district shall
provide money for staff and materials for the library at least
in proportion to the use related to curriculum, as determined by
the circulation statistics of the library. Neither the city nor
the school district shall reduce the financial support provided
for operation of library or media services below the level of
support provided in the preceding year.
Subd. 9. [CONTRACTS.] The library board may contract with
the school board, the regional library board, or the city in
which the library is situated to provide personnel, fiscal, or
administrative services. The contract shall state the
personnel, fiscal, and administrative services and payments to
be provided by each party.
Subd. 10. [CRITERIA.] Public library services established
according to this section, including materials, programs,
equipment, and other public library services, whether located in
an elementary or secondary school building or elsewhere, shall
be available for simultaneous use by students and residents of
the area. If public library services are located in an
elementary or secondary school building, a separate entrance,
accessible from the outside of the school building, shall be
provided for use by the residents. The library shall meet all
requirements in statutes and rules applicable to public
libraries and school media centers. A media supervisor licensed
by the board of teaching may be the director of the library.
The library shall be centrally located in the community and
available for use by residents during all hours the school is in
session, at least 15 additional hours each week during evenings,
and on Saturdays. The library shall continue to maintain
approximately the same hours of operation when the school is not
in session. The library shall have telephone service that is
separate from the telephone service for the school. Public
parking, restrooms, drinking water, and other necessities shall
be easily accessible to residents.
Sec. 4. Minnesota Statutes 1990, section 134.35, is
amended to read:
134.35 [REGIONAL LIBRARY BASIC SYSTEM SUPPORT GRANTS;
DISTRIBUTION FORMULA.]
Subdivision 1. [GRANT APPLICATION.] Any regional public
library system which qualifies according to the provisions of
section 134.34 may apply for an annual grant for regional
library basic system support. The amount of each grant for each
fiscal year shall be calculated as provided in this section.
Subd. 2. Sixty Fifty-seven and one-half percent of the
available grant funds shall be distributed to provide all
qualifying systems an equal amount per capita. Each system's
allocation pursuant to this subdivision shall be based on the
population it serves.
Subd. 3. Fifteen Twelve and one-half percent of the
available grant funds shall be distributed to provide all
qualifying systems an equal amount per square mile. Each
system's allocation pursuant to this subdivision shall be based
on the area it serves.
Subd. 4. Seven and one-half Five percent of the available
grant funds shall be paid to each system as a base grant for
basic system services.
Subd. 5. Seventeen and one-half Twenty-five percent of the
available grant funds shall be distributed to regional public
library systems which contain counties whose based upon the
adjusted net tax capacity per capita were below the state
average adjusted net tax capacity per capita for each member
county or participating portion of a county as calculated for
the second year preceding the fiscal year for which the grant is
made. Each system's entitlement shall be calculated as follows:
(a) subtract the adjusted net tax capacity per capita for
each eligible county or participating portion of a county from
the statewide average adjusted net tax capacity per capita;
(b) multiply the difference obtained in clause (a) for each
eligible county or participating portion of a county by the
population of that eligible county or participating portion of a
county;
(c) for each regional public library system, determine the
sum of the results of the computation in clause (b) for all
eligible counties or portions thereof in that system;
(d) determine the sum of the result of the computation in
clause (b) for all eligible counties or portions thereof in all
regional public library systems in the state;
(e) for each system, divide the result of the computation
in clause (c) by the result of the computation in clause (d) to
obtain the allocation factor for that system;
(f) multiply the allocation factor for each system as
determined in clause (e) times the amount of the remaining grant
funds to determine each system's dollar allocation pursuant to
this subdivision.
(a) Multiply the adjusted net tax capacity per capita for
each county or participating portion of a county by .0082.
(b) Add sufficient grant funds that are available under
this subdivision to raise the amount of the county or
participating portion of a county with the lowest value
calculated according to paragraph (a) to the amount of the
county or participating portion of a county with the next
highest value calculated according to paragraph (a). Multiply
the amount of the additional grant funds by the population of
the county or participating portion of a county.
(c) Continue the process described in paragraph (b) by
adding sufficient grant funds that are available under this
subdivision to the amount of a county or participating portion
of a county with the next highest value calculated in paragraph
(a) to raise it and the amount of counties and participating
portions of counties with lower values calculated in paragraph
(a) up to the amount of the county or participating portion of a
county with the next highest value, until reaching an amount
where funds available under this subdivision are no longer
sufficient to raise the amount of a county or participating
portion of a county and the amount of counties and participating
portions of counties with lower values up to the amount of the
next highest county or participating portion of a county.
(d) If the point is reached using the process in paragraphs
(b) and (c) at which the remaining grant funds under this
subdivision are not adequate for raising the amount of a county
or participating portion of a county and all counties and
participating portions of counties with amounts of lower value
to the amount of the county or participating portion of a county
with the next highest value, those funds are to be divided on a
per capita basis for all counties or participating portions of
counties that received grant funds under the calculation in
paragraphs (b) and (c).
Subd. 6. [POPULATION DETERMINATION.] Population shall be
determined according to section 477A.011, subdivision 3.
Sec. 5. [FISCAL YEAR 1992 BASIC SUPPORT SYSTEM GRANTS
POPULATION.]
For fiscal year 1992, the portions of the regional library
basic support system grants determined under Minnesota Statutes,
section 134.35, subdivisions 2 and 5, shall be based upon the
population established by the 1980 federal census.
Sec. 6. [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:
$6,118,000 ..... 1992
$7,563,000 ..... 1993
The 1992 appropriation includes $917,000 for 1991 and
$5,201,000 for 1992.
The 1993 appropriation includes $917,000 for 1992 and
$6,646,000 for 1993.
Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants according to Minnesota Statutes, sections 134.353 and
134.354, to multicounty, multitype library systems:
$486,000 ..... 1992
$527,000 ..... 1993
The 1992 appropriation includes $38,000 for 1991 and
$448,000 for 1992.
The 1993 appropriation includes $79,000 for 1992 and
$448,000 for 1993.
Sec. 7. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final
enactment. Section 4 is effective July 1, 1992.
ARTICLE 11
STATE EDUCATION AGENCIES
Section 1. Minnesota Statutes 1990, 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
children under age seven with handicaps, three representatives
of public or private providers of services for 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 children
with handicaps, at least one representative of a school district
or a school district cooperative, and other members
knowledgeable about 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 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 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
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. 2. Minnesota Statutes 1990, section 121.14, is
amended to read:
121.14 [RECOMMENDATIONS; BUDGET.]
The state board and the commissioner of education shall
recommend to the governor and legislature such modification and
unification of laws relating to the state system of education as
shall make those laws more readily understood and more effective
in execution. The state board and the commissioner of education
shall prepare a biennial education budget which shall be
submitted to the governor and legislature, such budget to
contain a complete statement of finances pertaining to the
maintenance of the state department and to the distribution of
state aid to public schools.
Sec. 3. Minnesota Statutes 1990, section 121.165, is
amended to read:
121.165 [REPORTS BY THE COMMISSIONER.]
Prior to January 15 of each year, the commissioner of
education shall gather and report to the committees on education
of the senate and house of representatives from presently
available reports or from new reports it may require of school
districts, the following types of information: the number of
classroom teachers in every district at each training,
experience and salary level; the ratio of pupils to full time
equivalent certified classroom teachers in every district; and
any other district staffing characteristics of fiscal import.
This information shall be gathered in such a manner as to render
it capable of district by district, regional and statewide
comparison and analysis.
Sec. 4. Minnesota Statutes 1990, section 121.49,
subdivision 1, is amended to read:
Subdivision 1. The department of education shall itemize
for each school district in the state the total amount of money
and the amount of money per pupil unit which accrues to the
district for each fiscal year from each type of state and
federal aid, refund, payment, credit, disbursement or monetary
obligation of any kind, including but not limited to each
special state aid, emergency aid, payments in lieu of taxes, and
pension and retirement obligations for the benefit of personnel
of the district. State agencies which that have information
necessary for the itemization required by this section shall
provide the information to the department of education. The
completed itemizations shall be reported to the appropriate
standing committees of the legislature in convenient reference
form not later than December 1 following the year for which they
are made.
Sec. 5. Minnesota Statutes 1990, section 121.609,
subdivision 3, is amended to read:
Subd. 3. [EVALUATION AND REPORT.] The commissioner shall
provide for independent evaluation of the effectiveness of this
section. The evaluation results shall be reported to the
education committees of the legislature by January 15 of each
year.
The commissioner, with the assistance of the advisory task
force, shall develop a long-term evaluation instrument for use
at the research and development sites and other districts
utilizing the educational effectiveness program. The long-term
evaluation instrument shall include a method for measuring
student achievement.
Sec. 6. Minnesota Statutes 1990, section 121.612,
subdivision 9, is amended to read:
Subd. 9. [REPORT.] The board of directors of the
foundation shall submit an annual report to the education
committees of the legislature state board of education on the
progress of its activities. The annual report shall contain a
financial report for the preceding year, including all receipts
and expenditures of the foundation.
Sec. 7. Minnesota Statutes 1990, section 121.917,
subdivision 3, is amended to read:
Subd. 3. If a school district does not limit its
expenditures in accordance with this section, the commissioner
shall may so notify the appropriate committees of the
legislature by no later than January 1 of the year following the
end of that fiscal year.
Sec. 8. Minnesota Statutes 1990, section 124.14,
subdivision 7, is amended to read:
Subd. 7. [APPROPRIATION TRANSFERS.] If a direct
appropriation from the general fund to the department of
education for any education aid or grant authorized in this
chapter and chapters 121, 123, 124A, 124C, 125, 126, and 134
exceeds the amount required, the commissioner of education may
transfer the excess to any education aid or grant appropriation
that is insufficient. However, section 124A.032 applies to a
deficiency in the direct appropriation for general education
aid. Excess appropriations shall be allocated proportionately
among aids or grants that have insufficient appropriations. The
commissioner of finance shall make the necessary transfers among
appropriations according to the determinations of the
commissioner of education. The commissioner of education shall
report appropriation transfers to the education committees of
the legislature each year by January 15. If the amount of the
direct appropriation for the aid or grant plus the amount
transferred according to this subdivision is insufficient, the
commissioner shall prorate the available amount among eligible
districts. The state is not obligated for any additional
amounts.
Sec. 9. Minnesota Statutes 1990, section 124C.03,
subdivision 16, is amended to read:
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. 10. Minnesota Statutes 1990, section 126.665, is
amended to read:
126.665 [STATE CURRICULUM ADVISORY COMMITTEE.]
The commissioner shall appoint a state curriculum advisory
committee of 11 members to advise the state board and the
department on the PER process. Nine members shall be from each
of the educational cooperative service units and two members
shall be at-large. The committee shall include representatives
from the state board of education, parents, teachers,
administrators, and school board members. Each member shall be
a present or past member of a district curriculum advisory
committee. The state committee shall provide information and
recommendations about at least the following:
(1) department procedures for reviewing and approving
reports and disseminating information;
(2) exemplary PER processes;
(3) recommendations for improving the PER process and
reports; and
(4) developing a continuous process for identifying and
attaining essential learner outcomes.
By February 1 of each year, the commissioner, in
cooperation with the state curriculum advisory committee, shall
prepare a report for the education committees of the
legislature. The report shall include the recommendations of
the state curriculum advisory committee. The committee expires
as provided in section 15.059, subdivision 5.
Sec. 11. Minnesota Statutes 1990, section 128A.02,
subdivision 4, is amended to read:
Subd. 4. [PLAN.] (a) The state board must have a two-year
plan for the academies and must update it annually.
(b) The plan must deal with:
(1) interagency cooperation;
(2) financial accounting;
(3) cost efficiencies;
(4) staff development;
(5) program and curriculum development;
(6) use of technical assistance from the department;
(7) criteria for program and staff evaluation;
(8) pupil performance evaluation;
(9) follow-up study of graduates;
(10) implementing this chapter;
(11) how to communicate with pupils' districts of
residence; and
(12) coordinating instructional and residential programs.
(c) The plan may deal with other matters.
(d) The state board must submit the plan and
recommendations for improvement of the academies to the
education committees of the legislature by January 15 of each
odd-numbered year.
Sec. 12. Minnesota Statutes 1990, section 128A.05,
subdivision 3, is amended to read:
Subd. 3. [OUT-OF-STATE ADMISSIONS.] An applicant from
another state who can benefit from attending either academy may
be admitted to the academy if the admission does not prevent an
eligible Minnesota resident from being admitted. The
commissioner state board of education must get reimbursed obtain
reimbursement from the other state for the costs of the
out-of-state admission. The commissioner state board may make
enter into an agreement with the appropriate authority in the
other state to get reimbursed for the reimbursement. Money
received from another state must be paid to the state treasurer
and deposited by the treasurer in the general fund and credited
to the general operating account of the academies. The money is
appropriated to the academies.
Sec. 13. Minnesota Statutes 1990, section 128C.12,
subdivision 3, is amended to read:
Subd. 3. [COPIES.] The state auditor must file copies of
the financial and compliance audit report with the commissioner
of education, the chairs of the house and senate education
committees and the director of the legislative reference library.
Sec. 14. Minnesota Statutes 1990, section 128C.20, is
amended to read:
128C.20 [COMMISSIONER TO REPORT ON REVIEW OF LEAGUE TO
LEGISLATURE.]
Subdivision 1. [ANNUALLY.] Each year the commissioner of
education must report to the legislature before each regular
session on the activities of the league. The report must
contain at least shall obtain and review the following
information about the league:
(1) an accurate and concise summary of the annual financial
and compliance audit prepared by the state auditor that includes
information about the compensation of and the expenditures by
the executive director of the league and league staff;
(2) a list of all complaints filed with the league and all
lawsuits filed against the league and the disposition of those
complaints and lawsuits;
(3) an explanation of the executive director's performance
review;
(4) information about the extent to which the league has
implemented its affirmative action policy, its comparable worth
plan, and its sexual harassment and violence policy and rules;
and
(5) an evaluation of any proposed changes in league policy.
Subd. 2. [RECOMMEND LAWS.] The commissioner must may
recommend to the legislature whether any legislation is made
necessary by league activities.
Sec. 15. Minnesota Statutes 1990, section 129C.10,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has
the powers necessary for the care, management, and control of
the Minnesota center for 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 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. The board shall adopt internal procedures to
administer and monitor aids and grants.
(d) The board may establish or coordinate evening,
continuing education, extension, and summer programs 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 an 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. The total number of pupils accepted under this clause and
clause (2) shall not exceed 300;
(2) additional instruction to pupils for a thirteenth grade.
Pupils eligible for this instruction are those enrolled in 12th
grade who need extra instruction and who apply to the board, or
pupils enrolled in the 12th grade who do not meet learner
outcomes established by the board. Criteria for admission into
the thirteenth grade shall not be subject to chapter 14;
(3) intensive arts seminars for one or two weeks for pupils
in grades 9 to 12;
(3) (4) summer arts institutes for pupils in grades 9 to
12;
(4) (5) artist mentor and extension programs in regional
sites; and
(5) (6) teacher education programs for indirect curriculum
delivery.
(g) The board may determine the location for the Minnesota
center for arts education and any additional facilities related
to the 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 center for arts education, including a
store, operating in connection with the center; theatrical
events; and other programs and services that, in the
determination of the board, serve the purposes of the center.
(m) The board may provide for transportation of pupils to
and from the center for 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 center for 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. If the board provides room and board, it shall charge a
reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections
120.71 to 120.76.
(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.
Sec. 16. Minnesota Statutes 1990, section 129C.10,
subdivision 3a, is amended to read:
Subd. 3a. [CENTER FUND APPROPRIATION ACCOUNT.] There is
established in the state treasury a center for arts education
fund account in the special revenue fund. All money collected
by the board, including rental income, shall be deposited in the
fund account. Money in the fund account, including interest
earned, is annually appropriated to the board for the operation
of its services and programs.
Sec. 17. Minnesota Statutes 1990, section 129C.10,
subdivision 4a, is amended to read:
Subd. 4a. [ADMISSION AND CURRICULUM REQUIREMENTS
GENERALLY.] (a) The board may adopt rules for admission to and
discharge from the full-time programs for talented pupils, rules
regarding discharge from the dormitory, and rules regarding the
operation of the center, including transportation of its
pupils. Rules covering admission 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 covering discharge from the
dormitory are not governed by the pupil fair dismissal act as
set forth in sections 127.26 to 127.39. Rules regarding
discharge and the operation of the center are not governed by
chapter 14.
(b) Proceedings concerning the full-time program for
talented pupils, including admission, discharge, a pupil's
program, and a pupil's progress, are governed by the rules
adopted by the board and are not contested cases governed by
chapter 14.
Sec. 18. Minnesota Statutes 1990, section 129C.10,
subdivision 6, is amended to read:
Subd. 6. [PUBLIC POST-SECONDARY INSTITUTIONS; PROVIDING
SPACE.] Public post-secondary institutions shall provide space
for programs offered by the Minnesota center for arts education
at no cost or reasonable cost to the center to the extent that
space is available at the public post-secondary institutions.
Sec. 19. [129C.15] [RESOURCE, MAGNET, AND OUTREACH
PROGRAMS.]
Subdivision 1. [RESOURCE AND OUTREACH.] The center shall
offer resource and outreach programs and services statewide
aimed at the enhancement of arts education opportunities for
pupils in elementary and secondary school. The programs and
services shall include:
(1) developing and demonstrating exemplary curriculum,
instructional practices, and assessment;
(2) disseminating information; and
(3) providing programs for pupils and teachers that develop
technical and creative skills in art forms that are
underrepresented and in geographic regions that are underserved.
Subd. 2. [MAGNET PROGRAMS.] The center shall identify at
least one school district in each congressional district with
interest and the potential to offer magnet arts programs using
the curriculum developed by the Minnesota center for arts
education.
Sec. 20. Minnesota Statutes 1990, section 134.31,
subdivision 4, is amended to read:
Subd. 4. The department shall collect statistics on the
receipts, expenditures, services, and use of the regional public
library systems and the public libraries of the state. It shall
also collect statistics on all activities undertaken pursuant to
sections 134.31 to 134.35. The department shall report its
findings to the legislature prior to November 15 of each
even-numbered year, together with a statement of its
expenditures relating to these activities and any other matters
as it deems appropriate.
Sec. 21. Minnesota Statutes 1990, section 134.351,
subdivision 7, is amended to read:
Subd. 7. [REPORTS.] Each multicounty, multitype system
receiving a grant pursuant to section 134.353 or 134.354 shall
provide an annual progress report to the department of
education. The department shall report before November 15 of
each even-numbered year to the legislature on all projects
funded under sections 134.353 and 134.354.
Sec. 22. Minnesota Statutes 1990, section 268.08,
subdivision 6, is amended to read:
Subd. 6. [SERVICES PERFORMED FOR STATE, MUNICIPALITIES OR
CHARITABLE CORPORATION.] Benefits based on service in employment
defined in section 268.04, subdivision 12, clauses (7), (8) and
(9), are payable in the same amount, on the same terms and
subject to the same conditions as benefits payable on the basis
of other service subject to this chapter; except that
(a) Benefits based upon service performed in an
instructional, research, or principal administrative capacity
for an institution of higher education or a public school, or a
nonpublic school, or the Minnesota state academy for the deaf or
Minnesota state academy for the blind, or the Minnesota center
for arts education, or in a public or nonpublic school for an
educational cooperative service unit established under section
123.58, or any other educational service agency as defined in
section 3304(a)(6)(A)(IV) of the Federal Unemployment Tax Act,
shall not be paid for any week of unemployment commencing during
the period between two successive academic years or terms, or
during a similar period between two regular but not successive
terms, or during a period of paid sabbatical leave provided for
in the individual's contract, to any individual if the
individual performs the services in the first of the academic
years or terms and if there is a contract or a reasonable
assurance that the individual will perform services in any such
capacity for any institution of higher education, public school,
nonpublic school, Minnesota state academies for the deaf and
blind, the Minnesota center for arts education, an educational
cooperative service unit, or other educational service agency,
in the second of the academic years or terms, and
(b) With respect to service performed in any capacity other
than those capacities described in clause (a) of this
subdivision, for an institution of higher education, or a public
school or nonpublic school, or the Minnesota state academy for
the deaf or Minnesota state academy for the blind, or the
Minnesota center for arts education, or in a public or nonpublic
school or for an educational cooperative service unit
established under section 123.58, or any other educational
service agency as defined in section 3304(a)(6)(A)(IV) of the
Federal Unemployment Tax Act, benefits shall not be paid on the
basis of these services to any individual for any week which
commences during a period between two successive academic years
or terms if the individual performs the services in the first of
the academic years or terms and there is a reasonable assurance
that the individual will perform the services in the second of
the academic years or terms. If benefits are denied to any
individual under this clause and the individual was not offered
an opportunity to perform the services in the second of the
academic years or term, the individual shall be entitled to a
retroactive payment of benefits for each week in which the
individual filed a timely claim for benefits, but the claim was
denied solely because of this clause; and
(c) With respect to services described in clauses (a) or
(b), benefits payable on the basis of the services shall not be
paid to any individual for any week which commences during an
established and customary vacation period or holiday recess if
the individual performs the services in the period immediately
before the vacation period or holiday recess, and there is a
reasonable assurance that the individual will perform the
services in the period immediately following the vacation period
or holiday recess.
Sec. 23. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] (a) 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.
(b) The amounts that may be spent for each program are
specified in the following subdivisions.
(c) The approved complement is:
1992 1993
General Fund 258.5 258.5
Federal 135.6 135.6
Other 28.9 28.9
Total 423.0 423.0
(d) 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 education finance division of the
education committee of the house of representatives and the
education funding division of the education committee of the
senate. 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.
(e) The commissioner of education may transfer complement
among funds if necessary and must provide a listing of the
transfers to the commissioner of finance at the end of each
fiscal year. Material changes must be approved by the
commissioner of finance and reported to the house education
finance division and the senate education funding division.
(f) The expenditures of federal grants and aids as shown in
the biennial budget document are approved and shall be spent as
indicated.
(g) The commissioner shall continue to enforce Minnesota
Statutes, section 126.21, and other civil rights laws as they
apply to programs supervised by the commissioner. This function
must not be performed by the same person who, with funding under
a federal grant, is providing technical assistance to school
districts in implementing nondiscrimination laws.
(h) It is the policy of the legislature to maximize the
delivery of educational services to students. If a reduction in
the number of employees of the department of education is
necessary, the commissioner must make the reduction to personnel
based on the following:
(1) Compute a ratio for each category of management,
supervisory, line, and support personnel equal to:
(i) the salaries paid to personnel in each category, for
the fiscal year ending June 30, 1991, divided by
(ii) the total salaries paid to employees in the department
for the fiscal year ending June 30, 1991.
(2) Reduce the personnel budget in each category of
personnel by an amount equal to the total budget reduction
determined by the department for personnel reduction, times the
ratio computed in clause (1).
(3) The total budget reduction is the difference between
the general fund appropriation for the department and the amount
recommended by the governor.
Subd. 2. [EDUCATIONAL SERVICES.]
$7,701,000 ..... 1992
$7,698,000 ..... 1993
$21,000 each year is from the trunk highway fund.
$75,000 each year is from the alcohol-impaired driver
education account in the special revenue fund.
$104,000 each year is for the academic excellence
foundation.
Subd. 3. [ADMINISTRATION AND FINANCIAL SERVICES.]
$7,023,000 ..... 1992
$7,033,000 ..... 1993
$1,308,000 in 1992 and $1,304,000 in 1993 are for the
education data systems section, of which $12,000 each year is
for the expenses of the ESV computer council. Any balance in
the first year does not cancel and is available for the second
year.
$1,298,000 in 1992 and $1,294,000 in 1993 are for the
education finance and analysis section.
$219,000 each year is for the state board of education.
$200,000 each year is for contracting with the state fire
marshal to provide the services required according to Minnesota
Statutes, section 121.1502.
The board of teaching budget is not exempt from internal
reallocations and reductions required to balance the budget of
the combined agencies.
The commissioner shall maintain no more than five total
complement in the categories of commissioner, deputy
commissioner, assistant commissioner, assistant to the
commissioner, and executive assistant.
Subd. 4. [EDUCATIONAL EFFECTIVENESS.] For educational
effectiveness programs according to Minnesota Statutes, sections
121.608 and 121.609:
$900,000 ..... 1992
$900,000 ..... 1993
Subd. 5. [ACADEMIC EXCELLENCE FOUNDATION.] For the
academic excellence foundation according to Minnesota Statutes,
section 121.612:
$260,000 ..... 1992
$260,000 ..... 1993
Up to $50,000 each year is contingent upon the match of $1
in the previous year from private sources consisting of either
direct monetary contributions or in-kind contributions of
related goods or services, for each $1 of the appropriation.
The commissioner of education must certify receipt of the money
or documentation for the private matching funds or in-kind
contributions. The unencumbered balance from the amount
actually appropriated from the contingent amount in 1992 does
not cancel but is available in 1993. The amount carried forward
must not be used to establish a larger annual base appropriation
for later fiscal years.
Subd. 6. [STATE PER ASSISTANCE.] For state assistance for
planning, evaluating, and reporting:
$601,000 ..... 1992
$601,000 ..... 1993
At least $45,000 each year must be used to assist districts
with the assurance of mastery program.
Sec. 24. [FARIBAULT ACADEMIES APPROPRIATION.]
The sums indicated in this section are appropriated from
the general fund to the department of education for the
Faribault Academies:
$7,801,000 ..... 1992
$7,773,000 ..... 1993
Any balance in the first year does not cancel and is
available for the second year.
The approved complement is:
1992 1993
General fund 185.6 185.6
Federal 8.0 8.0
Total 193.6 193.6
The state board of education may transfer complement among
funds if necessary and must provide a listing of the transfers
to the commissioner of finance at the end of each fiscal year.
Material changes must be approved by the commissioner of finance
and reported to the house education finance division and the
senate education funding division.
The state board of education, with the approval of the
commissioner of finance, may increase the complement above the
approved levels if funds are available for the academies in
addition to the amounts appropriated in this section.
Sec. 25. [MINNESOTA CENTER FOR ARTS EDUCATION
APPROPRIATION.]
The sums indicated in this section are appropriated from
the general fund to the Minnesota center for arts education for
the fiscal years indicated:
$5,064,000 ..... 1992
$5,057,000 ..... 1993
Any balance in the first year does not cancel but is
available in the second year.
The approved complement is:
1992 1993
General Fund 53 53
Total 53 53
The complement may be increased by the number of staff
currently on interchange agreements or contracts if adding these
staff to the center complement will result in cost savings. The
complement may also be increased if the board determines that
additional complement is necessary to protect the health and
safety of students.
Sec. 26. [REPEALER.]
Minnesota Statutes 1990, sections 120.104; 121.15,
subdivision 10; 121.936, subdivision 5; 124.48, subdivision 2;
125.231, subdivision 6; 128B.10, subdivision 3; 128C.12,
subdivision 2; 129C.10, subdivision 5; 135A.10, subdivision 2;
and 136A.044, are repealed.
Laws 1989, chapter 329, article 12, section 8, is repealed.
ARTICLE 12
MAXIMUM EFFORT SCHOOL LOAN BONDS
Section 1. [124.479] [BOND ISSUE; MAXIMUM EFFORT SCHOOL
LOANS, 1991.]
To provide money to be loaned to school districts as
agencies and political subdivisions of the state to acquire and
to better public land and buildings and other public
improvements of a capital nature, in the manner provided by the
maximum effort school aid law, the commissioner of finance shall
issue and sell school loan bonds of the state of Minnesota in
the maximum amount of $45,065,000, in addition to the bonds
already authorized for this purpose. The same amount is
appropriated to the maximum effort school loan fund and must be
spent under the direction of the commissioner of education to
make debt service loans and capital loans to school districts as
provided in sections 124.36 to 124.47. The bonds must be issued
and sold and provision for their payment must be made according
to section 124.46. Expenses incidental to the sale, printing,
execution, and delivery of the bonds, including, but without
limitation, actual and necessary travel and subsistence expenses
of state officers and employees for those purposes, must be paid
from the maximum effort school loan fund, and the money
necessary for the expenses is appropriated from that fund.
No bonds may be sold or issued under this section until all
bonds authorized by Laws 1990, chapter 610, sections 2 to 7, are
sold and issued and the authorized project contracts have been
initiated or abandoned.
Sec. 2. [1991 MAXIMUM EFFORT LOANS.]
The commissioner of education shall make capital loans to
independent school district No. 115, Cass Lake; independent
school district No. 192, Farmington; independent school district
No. 682, Roseau; independent school district No. 748, Sartell;
independent school district No. 345, New London-Spicer;
independent school district No. 533, Dover-Eyota; independent
school district No. 95, Cromwell; and independent school
district No. 255, Pine Island. Capital loans to these districts
are approved.
Districts approved in a law for a maximum effort loan shall
have their project plans and budgets reviewed by the
commissioner to determine optimum cost efficiency. The
commissioner may reduce the amount of the loans in accord with
this review. Costs incurred by the commissioner for
professional services associated with the review may be
recovered from the districts.
Notwithstanding any law to the contrary, if the available
funding is inadequate to meet the loan requests of all the
approved districts, the commissioner may reduce the amount of
the loan. The reduction to each district's loan must be
proportionate to the approved loan amount. Capital loans must
be made to all approved districts.
Except for reductions in the loans made according to this
section, the amount, terms, and forgiveness of the loans are
governed by Minnesota Statutes 1990, section 124.431.
Sec. 3. [BONDING AUTHORITY.]
Notwithstanding the election requirements of Minnesota
Statutes, chapter 475, or any other law to the contrary, any
school district with a capital loan approved in section 2 may
issue general obligation bonds without an election in an amount
not to exceed the difference between the state board approved
capital loan project cost and the sum of the amount of the
capital loan actually granted and the voter approved local
bonding authority. If a project has been previously approved by
the voters, changes in that project that do not change the total
project cost do not require further voter approval. To pay the
principal of and interest on bonds issued under this section,
the school district shall levy a tax in an amount sufficient
under Minnesota Statutes, section 475.61, subdivisions 1 and 3.
The tax authorized under this section is in addition to any
other taxes levied under Minnesota Statutes, chapter 124, 124A,
or 275, or any other law.
Sec. 4. [APPROPRIATION; MAXIMUM EFFORT SCHOOL LOAN FUND.]
$3,795,000 is appropriated from the general fund to the
department of education for fiscal year 1993 for the maximum
effort school loan fund. This appropriation is added to the
appropriation in article 5 for this purpose. All the conditions
that apply to the maximum effort school loan fund appropriation
in article 5 apply to this appropriation.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final
enactment.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 9:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes