Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 224-H.F.No. 350
An act relating to education; prekindergarten through
grade 12; providing for general education revenue;
transportation; special programs; community programs;
facilities; organization and cooperation; commitment
to excellence; other education programs; miscellaneous
provisions; libraries; state agencies; and realignment
of responsibilities; mandate repeals; conforming
references to repealed law; appropriating money;
amending Minnesota Statutes 1992, sections 3.873,
subdivisions 4, 5, 6, 7, and 9; 6.65; 89.35,
subdivision 2; 120.06, subdivision 3; 120.062,
subdivisions 5 and 9; 120.0621; 120.064, subdivisions
1, 3, 4, 5, 8, 9, 11, 16, 18, 21, and by adding a
subdivision; 120.0751; 120.101, subdivisions 5 and 5b;
120.102, subdivision 1; 120.17, subdivisions 2, 3, 7a,
11a, 11b, 12, 14, 15, and by adding subdivisions;
120.73, subdivision 1; 120.75; 121.11, subdivisions 5,
7, 12, and by adding subdivisions; 121.14; 121.15,
subdivision 4; 121.16, subdivision 1, and by adding a
subdivision; 121.201, subdivision 1; 121.585,
subdivision 2; 121.612, subdivisions 2 and 4; 121.831;
121.88, subdivisions 1 and 7; 121.882, subdivision 2b;
121.904, subdivisions 4a and 14; 121.906; 121.908,
subdivisions 1, 2, and 6; 121.912, subdivision 6, and
by adding a subdivision; 121.9121, subdivisions 1, 2,
and 4; 121.931, subdivision 5; 121.932, subdivision 3;
121.935, subdivisions 2 and 5; 121.936, subdivisions 4
and 4a; 122.22, by adding a subdivision; 122.23,
subdivision 18, and by adding a subdivision; 122.241,
subdivision 3; 122.242, subdivision 9; 122.243,
subdivisions 1 and 2; 122.247, subdivision 3; 122.895,
subdivision 2, and by adding subdivisions; 123.33, by
adding a subdivision; 123.34, subdivisions 9 and 10;
123.35, subdivisions 1 and 17; 123.351, subdivisions
6, 8, and 9; 123.3513; 123.3514, subdivisions 5, 6,
6b, 6c, and 8; 123.36, by adding a subdivision;
123.39, by adding subdivisions; 123.58, subdivisions
6, 7, 8, and 9; 123.702, subdivisions 1, 1a, 1b, 3, 4,
and 5; 123.7045; 123.71, subdivision 1; 123.80,
subdivision 1; 123.932, subdivision 7; 123.935,
subdivision 7; 123.947; 123.951; 124.09; 124.10,
subdivision 1; 124.14, subdivisions 1 and 4; 124.155,
subdivision 2; 124.17, subdivisions 1, 2c, and by
adding a subdivision; 124.19, subdivisions 1, 4, and
5; 124.195, subdivisions 8, 9, and 10; 124.2131,
subdivision 1; 124.223, subdivision 3; 124.225,
subdivisions 1, 3a, 7b, 7d, 7e, and 10; 124.226,
subdivisions 3, 9, and by adding a subdivision;
124.243, subdivisions 1, 2, 2a, 6, 8, and by adding a
subdivision; 124.244, subdivision 1; 124.245,
subdivision 6; 124.248, subdivision 4; 124.26,
subdivisions 1c and 2; 124.2601, subdivisions 4 and 6;
124.2615, subdivisions 2 and 3; 124.2711, subdivisions
1, 2, 2a, and by adding a subdivision; 124.2713,
subdivisions 2, 5, 6, and by adding subdivisions;
124.2714; 124.2716; 124.2725, subdivisions 1, 2, 4, 5,
6, 9, 10, and 13; 124.2727; 124.273, subdivision 1b,
and by adding a subdivision; 124.276, subdivision 3;
124.32, subdivisions 1b, 1d, and by adding
subdivisions; 124.321, subdivisions 1 and 2; 124.322,
subdivisions 2, 3, 4, and by adding a subdivision;
124.37; 124.38, by adding a subdivision; 124.431,
subdivisions 1, 1a, 2, and 14; 124.48, subdivisions 1
and 3; 124.494, subdivisions 1, 2, and by adding a
subdivision; 124.573, subdivision 2b; 124.574,
subdivision 2b, and by adding subdivisions; 124.625;
124.73, subdivision 1; 124.83, subdivisions 1, 2, 4,
6, and by adding a subdivision; 124.85, subdivisions
1, 4, and 5; 124.91, subdivisions 3 and 5; 124.912,
subdivisions 2, 3, and by adding a subdivision;
124.914, by adding a subdivision; 124.916,
subdivisions 2 and 3; 124.95, subdivisions 1, 2, 2a,
and 3; 124.961; 124A.029, subdivision 4; 124A.03,
subdivisions 1c, 1f, 1g, and by adding a subdivision;
124A.036, subdivision 5; 124A.04, subdivision 2;
124A.22, subdivisions 2, 4, 5, 6, 8, and 9; 124A.23,
subdivisions 1 and 5; 124A.24; 124A.26, subdivision 1,
and by adding a subdivision; 124A.27, subdivision 2;
124A.291; 124A.70; 124C.08, subdivisions 1 and 2;
124C.09; 125.032, subdivision 2; 125.05, subdivision
1a; 125.12, subdivisions 3b and 4b; 125.138; 125.17,
subdivisions 2b and 3b; 125.185, subdivisions 4 and 6;
125.1885, subdivision 3; 125.189; 126.151, subdivision
2; 126.22, subdivisions 2, 3, 3a, 4, and 8; 126.239,
subdivision 3; 126.267; 126.52, subdivisions 8 and 9;
126.54, subdivisions 1 and 3; 126.56, subdivisions 4a
and 7; 126.665; 126.67, subdivision 8; 126.70;
126A.07, subdivision 1; 127.15; 127.20; 127.455;
127.46; 128A.024, subdivision 2; 128A.03, subdivision
2; 128B.10, subdivision 1; 128C.02, by adding a
subdivision; 134.31, subdivisions 1, 2, and 5; 134.32,
subdivision 8; 136C.04, subdivision 6; 144.29;
144.4165; 171.29, subdivision 2; 273.13, subdivision
23; 273.1398, subdivisions 1 and 2a; 275.065,
subdivision 6; 275.48; 298.28, subdivision 4; 471.88,
by adding a subdivision; 473F.02, by adding a
subdivision; 475.61, subdivision 3; and 609.685,
subdivision 3, and by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapters 4;
121; 124; 124A; 124C; 125; 126; and 128A; repealing
Minnesota Statutes 1992, sections 120.095; 120.101,
subdivisions 5a and 5b; 120.75, subdivision 2; 120.80,
subdivision 2; 121.11, subdivisions 6, 13, 15, and 16;
121.165; 121.19; 121.49; 121.585, subdivision 3;
121.609; 121.883; 121.90; 121.901; 121.902; 121.904,
subdivisions 5, 6, 8, 9, 10, 11a, and 11c; 121.908,
subdivision 4; 121.9121, subdivisions 3 and 5; 121.93,
subdivision 5; 121.931, subdivisions 6, 6a, 7, and 8;
121.934; 121.936, subdivisions 1, 2, and 3; 121.937;
121.94; 121.941; 121.942; 121.943; 123.33,
subdivisions 10, 14, 15, and 16; 123.35, subdivision
14; 123.352; 123.36, subdivisions 2, 3, 4, 4a, 6, 8,
9, and 12; 123.40, subdivisions 4 and 6; 123.61;
123.67; 123.709; 123.744; 124.19, subdivisions 1, 1b,
6, and 7; 124.195, subdivision 13; 124.2721; 124.2725,
subdivision 8; 124.32, subdivision 5; 124.331;
124.332; 124.333; 124.573, subdivisions 2c and 2d;
124.575, subdivisions 2 and 4; 124.615; 124.62;
124.64; 124.645; 124.67; 124.68; 124.69; 124.79;
124.912, subdivisions 4 and 5; 124A.27, subdivision 1;
125.12, subdivisions 3a and 4a; 125.17, subdivisions
2a and 3a; 125.185, subdivision 4a; 126.02; 126.025;
126.031; 126.06; 126.08; 126.09; 126.111; 126.112;
126.12, subdivision 2; 126.20, subdivision 4; 126.22,
subdivision 2a; 126.24; 126.268; 126.662; 126.663;
126.664; 126.665; 126.666; 126.67; 126.68; 126A.01;
126A.02; 126A.03; 126A.04; 126A.05; 126A.07; 126A.08;
126A.09; 126A.10; 126A.11; 126A.12; 128B.03,
subdivision 2; and 145.926.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1. Minnesota Statutes 1992, 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 124.914, subdivision 1; 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 May, 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 an amount equal to the levy
recognized as revenue in June of the prior year plus 50.0
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) 50.0 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 124.914,
subdivision 1, and Laws 1976, chapter 20, section 4; and
(iii) retirement and severance pay pursuant to sections
122.531, subdivision 9, 124.2725, subdivision 15, 124.4945,
124.912, subdivision 1, and 124.916, subdivision 3, 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 136C.411; and
(v) amounts levied under section 124.755.
(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 1992, 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 prekindergarten pupil with a disability 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 prekindergarten pupil with a disability 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 kindergarten pupil with a disability 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 1.03 pupil unit for fiscal year 1994 and 1.06
pupil unit for fiscal year 1995 and thereafter.
(g) A pupil who is in any of grades 7 to 12 is counted as
1.3 pupil units.
Sec. 3. Minnesota Statutes 1992, section 124.19,
subdivision 4, is amended to read:
Subd. 4. In a school where the number of instructional
hours in the school day is greater than the number of
instructional hours prescribed in the rules of the state board
for the school day, the excess number of instructional hours for
those days may be included in calculating the required number of
days school is in session for purposes of fulfilling the
requirements of subdivision 1, provided that the school is in
session for not less than 160 days during the school year, and
provided that no instructional hours are included from half-day
sessions or any school day which has less instructional hours
than the number of instructional hours prescribed in the rules
of the state board unless the average number of instructional
hours for all school days in the school year equals or exceeds
the number of instructional hours prescribed in the rules of the
state board. The district shall notify the department of each
adjustment.
Sec. 4. Minnesota Statutes 1992, section 124.2131,
subdivision 1, is amended to read:
Subdivision 1. [ADJUSTED GROSS TAX CAPACITY; ADJUSTED NET
TAX CAPACITY.] (a) [COMPUTATION.] The department of revenue
shall annually conduct an assessment/sales ratio study of the
taxable property in each school district in accordance with the
procedures in paragraphs (b) and (c). Based upon the results of
this assessment/sales ratio study, the department of revenue
shall determine an aggregate equalized gross tax capacity and an
aggregate equalized net tax capacity for the various classes of
taxable property in each school district, which tax capacity
shall be designated as the adjusted gross tax capacity and the
adjusted net tax capacity, respectively. The adjusted net tax
capacities shall be determined using the net tax capacity
percentages in effect for the assessment year following the
assessment year of the study. The department of revenue shall
make whatever estimates are necessary to account for changes in
the classification system. The department of revenue may incur
the expense necessary to make the determinations. The
commissioner of revenue may reimburse any county or governmental
official for requested services performed in ascertaining the
adjusted gross tax capacity and the adjusted net tax capacity.
On or before March 15 annually, the department of revenue shall
file with the chair of the tax committee of the house of
representatives and the chair of the committee on taxes and tax
laws of the senate a report of adjusted gross tax capacities and
adjusted net tax capacities. On or before April 15 June 15
annually, the department of revenue shall file its final report
on the adjusted gross tax capacities and adjusted net tax
capacities established by the previous year's
assessment assessments and the current year's net tax capacity
percentages with the commissioner of education and each county
auditor for those school districts for which the auditor has the
responsibility for determination of local tax rates. A copy of
the report so filed shall be mailed to the clerk of each
district involved and to the county assessor or supervisor of
assessments of the county or counties in which each district is
located.
(b) [METHODOLOGY.] In making its annual assessment/sales
ratio studies, the department of revenue shall use a methodology
consistent with the most recent Standard on Assessment Ratio
Studies published by the assessment standards committee of the
International Association of Assessing Officers. The
commissioner of revenue shall supplement this general
methodology with specific procedures necessary for execution of
the study in accordance with other Minnesota laws impacting the
assessment/sales ratio study. The commissioner shall document
these specific procedures in writing and shall publish the
procedures in the State Register, but these procedures will not
be considered "rules" pursuant to the Minnesota administrative
procedure act. For purposes of this section, section 270.12,
subdivision 2, clause (8), and section 278.05, subdivision 4,
the commissioner of revenue shall exclude from the
assessment/sales ratio study the sale of any nonagricultural
property which does not contain an improvement, if (1) the
statutory basis on which the property's taxable value as most
recently assessed is less than market value as defined in
section 273.11, or (2) the property has undergone significant
physical change or a change of use since the most recent
assessment.
(c) [AGRICULTURAL LANDS.] For purposes of determining
the adjusted gross tax capacity and adjusted net tax capacity of
agricultural lands for the calculation of adjusted gross tax
capacities and adjusted net tax capacities, the market value of
agricultural lands shall be the price for which the property
would sell in an arms length transaction.
(d) [FORCED SALES.] The commissioner may include forced
sales in the assessment/sales ratio studies if it is determined
by the commissioner that these forced sales indicate true market
value.
(e) [STIPULATED VALUES.] The estimated market value to be
used in calculating sales ratios shall be the value established
by the assessor before any stipulations resulting from appeals
by property owners.
(f) [SALES OF INDUSTRIAL PROPERTY.] Separate sales ratios
shall be calculated for commercial property and for industrial
property. These two classes shall be combined only in
jurisdictions in which there is not an adequate sample of sales
in each class.
Sec. 5. Minnesota Statutes 1992, section 124.73,
subdivision 1, is amended to read:
Subdivision 1. The board of any school district may borrow
money upon negotiable tax anticipation certificates of
indebtedness, in the manner and subject to the limitations set
forth in sections 124.71 to 124.76, for the purpose of
anticipating general taxes theretofore levied by the district
for school purposes, but the aggregate of such borrowing under
this subdivision shall never exceed 50 75 percent of such taxes
which are due and payable in the calendar year, and as to which
taxes no penalty for nonpayment or delinquency has attached. In
determining the amount of taxes due and payable in the calendar
year, any amounts paid by the state to replace such taxes,
whether paid in that calendar year or not, shall be included.
Sec. 6. [124.755] [STATE PAYMENT OF DEBT OBLIGATION UPON
POTENTIAL DEFAULT; REPAYMENT; STATE OBLIGATION NOT DEBT.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the term "debt obligation" means either a tax or aid
anticipation certificate of indebtedness or a general obligation
bond.
Subd. 2. [NOTIFICATIONS; PAYMENT; APPROPRIATION.] (a) If a
school district believes that it may be unable to make a
principal or interest payment on any outstanding debt obligation
on the date that payment is due, it must notify the commissioner
of education of that fact as soon as possible, but not less than
15 working days before the date that principal or interest
payment is due. The notice shall include the name of the school
district, an identification of the debt obligation issue in
question, the date the payment is due, the amount of principal
and interest due on the payment date, the amount of principal or
interest that the school district will be unable to repay on
that date, the paying agent for the debt obligation, the wire
transfer instructions to transfer funds to that paying agent,
and an indication as to whether a payment is being requested by
the district under this section. If a paying agent becomes
aware of a potential default, it shall inform the commissioner
of education of that fact. After receipt of a notice which
requests a payment under this section, after consultation with
the school district and the paying agent, and after verification
of the accuracy of the information provided, the commissioner of
education shall notify the commissioner of finance of the
potential default.
(b) Except as provided in subdivision 9, upon receipt of
this notice from the commissioner of education, which must
include a final figure as to the amount due that the school
district will be unable to repay on the date due, the
commissioner of finance shall issue a warrant and authorize the
commissioner of education to pay to the paying agent for the
debt obligation the specified amount on or before the date due.
The amounts needed for the purposes of this subdivision are
annually appropriated to the department of education from the
state general fund.
(c) The departments of education and finance shall jointly
develop detailed procedures for school districts to notify the
state that they have obligated themselves to be bound by the
provisions of this section, procedures for school districts and
paying agents to notify the state of potential defaults and to
request state payment under this section, and procedures for the
state to expedite payments to prevent defaults. The procedures
are not subject to chapter 14.
Subd. 3. [SCHOOL DISTRICT BOUND; INTEREST RATE ON STATE
PAID AMOUNT.] If, at the request of a school district, the state
has paid part or all of the principal or interest due on a
school district's debt obligation on a specific date, the school
district is bound by all provisions of this section and the
amount paid shall bear taxable interest from the date paid until
the date of repayment at the state treasurer's invested cash
rate as it is certified by the commissioner of finance.
Interest shall only accrue on the amounts paid and outstanding
less the reduction in aid under subdivision 4 and other payments
received from the district.
Subd. 4. [PLEDGE OF DISTRICT'S FULL FAITH AND CREDIT.] If,
at the request of a school district, the state has paid part or
all of the principal or interest due on a school district's debt
obligation on a specific date, the pledge of the full faith and
credit and unlimited taxing powers of the school district to
repay the principal and interest due on those debt obligations
shall also, without an election or the requirement of a further
authorization, become a pledge of the full faith and credit and
unlimited taxing powers of the school district to repay to the
state the amount paid, with interest. Amounts paid by the state
shall be repaid in the order in which the state payments were
made.
Subd. 5. [AID REDUCTION FOR REPAYMENT.] Except as provided
in this subdivision, the state shall reduce the state aid
payable to the school district under chapters 124, 124A, and
273, according to the schedule in section 124.155, subdivision
2, by the amount paid by the state under this section on behalf
of the school district, plus the interest due on it, and the
amount reduced shall revert from the appropriate account to the
state general fund. Payments from the school endowment fund or
any federal aid payments shall not be reduced. If, after review
of the financial situation of the school district, the
commissioner of education advises the commissioner of finance
that a total reduction of the aids would cause an undue hardship
on or an undue disruption of the educational program of the
school district, the commissioner of education, with the
approval of the commissioner of finance, may establish a
different schedule for reduction of those aids to repay the
state. The amount of aids to be reduced are decreased by any
amounts repaid to the state by the school district from other
revenue sources.
Subd. 6. [TAX LEVY FOR REPAYMENT.] (a) With the approval
of the commissioner of education, a school district may levy in
the year the state makes a payment under this section an amount
up to the amount necessary to provide funds for the repayment of
the amount paid by the state plus interest through the date of
estimated repayment by the school district. The proceeds of
this levy may be used only for this purpose unless they are in
excess of the amount actually due, in which case the excess
shall be used to repay other state payments made under this
section or shall be deposited in the debt redemption fund of the
school district. This levy shall be an increase in the levy
limits of the school district for purposes of section 275.065,
subdivision 6. The amount of aids to be reduced to repay the
state shall be decreased by the amount levied. This levy by the
school district is not eligible for debt service equalization
under section 124.95.
(b) If the state is not repaid in full for a payment made
under this section by November 30 of the calendar year following
the year in which the state makes the payment, the commissioner
of education must require the school district to certify a
property tax levy in an amount up to the amount necessary to
provide funds for repayment of the amount paid by the state plus
interest through the date of estimated repayment by the school
district. To prevent undue hardship, the commissioner may allow
the district to certify the levy over a five-year period. The
proceeds of the levy may be used only for this purpose unless
they are in excess of the amount actually due, in which case the
excess shall be used to repay other state payments made under
this section or shall be deposited in the debt redemption fund
of the school district. This levy shall be an increase in the
levy limits of the school district for purposes of section
275.065, subdivision 6. If the commissioner orders the district
to levy, the amount of aids reduced to repay the state shall be
decreased by the amount levied. This levy by the school
district is not eligible for debt service equalization under
section 124.95 or any successor provision. A levy under this
subdivision must be explained as a specific increase at the
meeting required under section 275.065, subdivision 6.
Subd. 7. [ELECTION AS TO MANDATORY APPLICATION.] A school
district may covenant and obligate itself, prior to the issuance
of an issue of debt obligations, to notify the commissioner of
education of a potential default and to use the provisions of
this section to guarantee payment of the principal and interest
on those debt obligations when due. If the school district
obligates itself to be bound by this section, it shall covenant
in the resolution that authorizes the issuance of the debt
obligations to deposit with the paying agent three business days
prior to the date on which a payment is due an amount sufficient
to make that payment or to notify the commissioner of education
under subdivision 1 that it will be unable to make all or a
portion of that payment. A school district that has obligated
itself shall include a provision in its agreement with the
paying agent for that issue that requires the paying agent to
inform the commissioner of education if it becomes aware of a
potential default in the payment of principal or interest on
that issue or if, on the day two business days prior to the date
a payment is due on that issue, there are insufficient funds to
make the payment on deposit with the paying agent. If a school
district either covenants to be bound by this section or accepts
state payments under this section to prevent a default of a
particular issue of debt obligations, the provisions of this
section shall be binding as to that issue as long as any debt
obligation of that issue remain outstanding. If the provisions
of this section are or become binding for more than one issue of
debt obligations and a district is unable to make payments on
one or more of those issues, it shall continue to make payments
on the remaining issues.
Subd. 8. [MANDATORY PLAN; TECHNICAL ASSISTANCE.] If the
state makes payments on behalf of a district under this section
or the district defaults in the payment of principal or interest
on an outstanding debt obligation, it shall submit a plan to the
commissioner of education for approval specifying the measures
it intends to implement to resolve the issues which led to its
inability to make the payment and to prevent further defaults.
The department shall provide technical assistance to the school
district in preparing its plan. If the commissioner determines
that a school district's plan is not adequate, the commissioner
shall notify the school district that the plan has been
disapproved, the reasons for the disapproval, and that the state
shall not make future payments under this section for debt
obligations issued after the date specified in that notice until
its plan is approved. The commissioner may also notify the
school district that until its plan is approved, other aids due
the district will be withheld after a date specified in the
notice.
Subd. 9. [STATE BOND RATING.] If the commissioner of
finance determines that the credit rating of the state would be
adversely affected thereby, the commissioner shall not issue
warrants under subdivision 2 for the payment of principal or
interest on any debt obligations for which a school district did
not, prior to their issuance, obligate itself to be bound by the
provisions of this section.
Sec. 7. Minnesota Statutes 1992, section 124A.03,
subdivision 1c, is amended to read:
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; 1994; or
(2) the district's referendum allowance for fiscal year
1993;
(3) 30 25 percent of the formula allowance for the fiscal
year for which it is attributable; or
(4) for a district that held a successful referendum levy
election in calendar year 1991, 35 percent of the formula
allowance for the fiscal year to which it is attributable 1995
and later.
(b) The allowance calculated in paragraph (a) must be
reduced by the amount of the referendum allowance reduction
computed in subdivision 3b.
Sec. 8. Minnesota Statutes 1992, section 124A.03,
subdivision 1f, is amended to read:
Subd. 1f. [REFERENDUM EQUALIZATION REVENUE.] A district's
referendum equalization revenue equals ten percent of the
formula allowance $315 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 total referendum revenue for that year.
Sec. 9. Minnesota Statutes 1992, section 124A.03,
subdivision 1g, is amended to read:
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
100 percent of the equalizing factor as defined in section
124A.02, subdivision 8.
Sec. 10. Minnesota Statutes 1992, section 124A.03, is
amended by adding a subdivision to read:
Subd. 3b. [REFERENDUM ALLOWANCE REDUCTION.] A district's
referendum allowance under subdivision 1c is reduced by the
amounts calculated in paragraphs (a), (b), and (c).
(a) The referendum allowance reduction equals the amount by
which a district's supplemental revenue reduction exceeds the
district's supplemental revenue allowance for fiscal year 1993.
(b) Notwithstanding paragraph (a), if a district's initial
referendum allowance is less than ten percent of the formula
allowance for that year, the reduction equals the lesser of (1)
an amount equal to $100, or (2) the amount calculated in
paragraph (a).
(c) Notwithstanding paragraph (a) or (b), a school
district's referendum allowance reduction equals (1) an amount
equal to $100, times (2) one minus the ratio of 20 percent of
the initial referendum allowance limit minus the district's
initial referendum allowance limit to 20 percent of the formula
allowance for that year if:
(i) the district's adjusted net tax capacity for assessment
year 1992 per actual pupil unit for fiscal year 1995 is less
than $3,000;
(ii) the district's net unappropriated operating fund
balance as of June 30, 1993, divided by the actual pupil units
for fiscal year 1995 is less than $200;
(iii) the district's supplemental revenue allowance for
fiscal year 1993 is equal to zero; and
(iv) the district's initial referendum revenue authority
for the current year divided by the district's net tax capacity
for assessment year 1992 is greater than ten percent.
Sec. 11. Minnesota Statutes 1992, section 124A.04,
subdivision 2, is amended to read:
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 1992, 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 for 1992 and
subsequent fiscal years 1993 and 1994 is $3,050. The formula
allowance for fiscal year 1995 and subsequent fiscal years is
$3,150.
Sec. 13. Minnesota Statutes 1992, section 124A.22,
subdivision 4, is amended to read:
Subd. 4. [TRAINING AND EXPERIENCE REVENUE.] (a) For fiscal
year 1992, The previous formula training and experience revenue
for each district equals the greater of zero or the result of
the following computation:
(1) subtract 1.6 from the training and experience index;
(2) multiply the result in clause (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 $660 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) (d) 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) (e) For fiscal year 1996 and thereafter, the training
and experience revenue for each district equals the district's
maximum training and experience revenue.
Sec. 14. Minnesota Statutes 1992, section 124A.22,
subdivision 5, is amended to read:
Subd. 5. [DEFINITIONS.] The definitions in this
subdivision apply only to 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. For a district that does not operate a high
school and is less than 19 miles from the nearest operating high
school, the attendance area equals zero.
(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 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. 15. Minnesota Statutes 1992, section 124A.22,
subdivision 6, is amended to read:
Subd. 6. [SECONDARY SPARSITY REVENUE.] (a) A district's
secondary sparsity revenue for a school year equals the sum of
the results of the following calculation for each qualifying
high school in the district:
(1) the formula allowance for the school year, multiplied
by
(2) the secondary average daily membership of the high
school, multiplied by
(3) the quotient obtained by dividing 400 minus the
secondary average daily membership by 400 plus the secondary
daily membership, multiplied by
(4) the lesser of one or the quotient obtained by dividing
the isolation index minus 23 by ten.
(b) A newly formed school district that is the result of
districts combining under the cooperation and combination
program or consolidating under section 122.23 shall receive
secondary sparsity revenue equal to the greater of: (1) the
amount calculated under paragraph (a) for the combined district;
or (2) the sum of the amounts of secondary sparsity revenue the
former school districts had in the year prior to consolidation,
increased for any subsequent changes in the secondary sparsity
formula.
Sec. 16. Minnesota Statutes 1992, section 124A.22,
subdivision 8, is amended to read:
Subd. 8. [SUPPLEMENTAL REVENUE.] (a) A district's
supplemental revenue allowance for fiscal year 1992 1994 and
later fiscal years equals the product of the district's
supplemental revenue for fiscal year 1991 times the ratio of:
(1) 1993 divided by the district's 1991-1992 1992-1993
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 124.17, subdivision 1.
(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 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. A district's
supplemental revenue allowance is reduced for fiscal year 1995
and later according to subdivision 9.
(c) A district's supplemental revenue equals the
supplemental revenue allowance, if any, times its actual pupil
units for that year.
Sec. 17. Minnesota Statutes 1992, section 124A.22,
subdivision 9, is amended to read:
Subd. 9. [DEFINITION FOR SUPPLEMENTAL REVENUE
REDUCTION.] (a) The definition in this subdivision applies only
to subdivision 8.
(b) "Minimum allowance" for a district means:
(1) the district's general education revenue for fiscal
year 1992, according to subdivision 1; divided by
(2) the district's 1991-1992 actual pupil units. A
district's supplemental revenue allowance is reduced by the sum
of:
(1) the sum of one-fourth of the difference of:
(i) the sum of the district's training and experience
revenue and compensatory revenue per actual pupil unit for that
fiscal year, and
(ii) the sum of district's training and experience revenue
and compensatory revenue per actual pupil unit for fiscal year
1994; and
(2) the difference between the formula allowance for the
current fiscal year and $3,050.
A district's supplemental revenue allowance may not be less
than zero.
Sec. 18. [124A.225] [LEARNING AND DEVELOPMENT REVENUE
AMOUNT AND USE.]
Subdivision 1. [REVENUE.] Of a district's general
education revenue an amount equal to the sum of the number of
elementary pupil units defined in section 124.17, subdivision 1,
clause (f) and kindergarten pupil units as defined in section
124.17, subdivision 1, clause (e), times .03 for fiscal year
1994 and .06 for fiscal year 1995 and thereafter times the
formula allowance must be reserved according to this section. A
district that is not subject to a supplemental revenue reduction
under section 17 or a referendum revenue reduction under section
10 must reserve an additional amount of revenue equal to $100
times the district's actual pupil units times the ratio of the
district's elementary average daily membership to the district's
average daily membership according to this section. The revenue
must be placed in a learning and development reserved account
and may only be used according to this section. The ratio for
fiscal year 1995 is adjusted by adding an amount equal to the
ratio of the difference between the formula allowance for fiscal
year 1995 minus 3,150 to 10,000.
Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a
public employee licensed by the board of teaching whose duties
are full-time instruction, excluding a teacher for whom
categorical aids are received pursuant to sections 124.273 and
124.32. Except as provided in section 125.230, subdivision 6,
instructor does not include supervisory and support personnel,
except school social workers as defined in section 125.03. An
instructor whose duties are less than full-time instruction must
be included as an equivalent only for the number of hours of
instruction in grades K through 6.
Subd. 3. [INSTRUCTION CONTACT TIME.] Instruction may be
provided by a primary instructor, by a team of instructors, or
by teacher resident supervised by a primary instructor. The
district must maximize instructor to learner average
instructional contact time.
Subd. 4. [REVENUE USE.] Revenue shall be used to reduce
and maintain the district's instructor to learner ratios in
kindergarten through grade 6 to a level of 1 to 17 on average.
The district must prioritize the use of the revenue to attain
this level initially in kindergarten and grade 1 and then
through the subsequent grades as revenue is available. The
revenue may be used to prepare and use an individualized
learning plan for each learner. A district must not increase
the district wide instructor-learner ratios in other grades as a
result of reducing instructor-learner ratios in kindergarten
through grade 6. Revenue may not be used to provide instructor
preparation time or to provide the district's share of revenue
required under section 124.311. Revenue may be used to continue
employment for nonlicensed staff employed in the district on the
effective date of this act under Minnesota Statutes 1992,
section 123.331, subdivision 2.
Subd. 5. [ADDITIONAL REVENUE USE.] If the school board of
a school district determines that the district has achieved and
is maintaining the instructor-learner ratios specified in
subdivision 4 and is using individualized learning plans, the
school board may use the revenue to purchase material and
services or provide staff development needed for reduced
instructor-learner ratios. If additional revenue remains, the
district must use the revenue to improve program offerings,
including programs provided through interactive television,
throughout the district or other general education purposes.
Sec. 19. Minnesota Statutes 1992, section 124A.23,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX RATE.] The
commissioner shall establish the general education tax rate 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 $916,000,000 for fiscal year 1993
and $969,800,000 for fiscal year 1994, $1,044,000,000 for fiscal
year 1995 and later fiscal years. The general education tax
rate may not be changed due to changes or corrections made to a
district's adjusted net tax capacity after the tax rate has been
established.
Sec. 20. Minnesota Statutes 1992, section 124A.23,
subdivision 5, is amended to read:
Subd. 5. [USES OF REVENUE.] Except as provided in section
124A.225, general education revenue may be used during the
regular school year and the summer for general and special
school purposes.
Sec. 21. Minnesota Statutes 1992, 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 chapters
124 and 124B, receivable for the same school year, and from
other state payments receivable for the same school year
authorized in chapter 273. The aid in section 124.646 must not
be reduced.
The amount of the deduction equals the difference between:
(1) the general education tax rate, according to section
124A.23, times the district's adjusted net tax capacity used to
determine the general education aid for the same school year;
and
(2) the district's general education revenue, excluding
training and experience revenue and supplemental revenue, for
the same school year, according to section 124A.22.
However, 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. 22. Minnesota Statutes 1992, 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 25 percent of the
formula allowance for the current fiscal year times the fund
balance pupil units in the prior year. For purposes of this
subdivision and section 124.243, subdivision 2, fund balance
pupil units means the number of resident pupil units in average
daily membership, 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, 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 $250 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. 23. Minnesota Statutes 1992, section 124A.26, is
amended by adding a subdivision to read:
Subd. 4. [ALLOCATION AMONG OPERATING FUNDS.] The revenue
reduction required under this section must be allocated to the
transportation fund and the community service fund in the
following manner:
(1) each year, a school district shall calculate the ratio
of the transportation net unappropriated operating fund balance
and the community service net unappropriated operating fund
balance to the total net unappropriated operating fund balance;
(2) multiply the ratios computed in clause (1) by the total
fund balance reduction required under this section;
(3) the school district shall transfer the amounts, if any,
calculated in clause (2) from the transportation and community
service funds to the general fund.
Sec. 24. [124A.698] [POLICY.]
Financing the education of our children is one of state
government's most important functions. In performing this
function, the state seeks to provide sufficient funding while
encouraging equity, accountability, and incentives toward
quality improvement. To help achieve these goals and to help
control future spending growth, the state will fund core
instruction and related support services, will facilitate
improvement in the quality and delivery of programs and
services, and will equalize revenues raised locally for
discretionary purposes.
Sec. 25. Minnesota Statutes 1992, section 124A.70, is
amended to read:
124A.70 [BASIC CORE INSTRUCTIONAL AID.]
Subdivision 1. [BASIC OUTCOMES.] Basic outcomes are
defined as learner outcomes that must be achieved as a
requirement for graduation, specified in rule by the state board
of education. Basic outcomes are those outcomes that have
standards of achievement determined by the state board the basic
knowledge and skills determined necessary by the board for
graduates to become productive employees, parents, and
citizens. The board shall review and amend, if necessary, its
graduation rule every two years.
Subd. 2. [AID AMOUNT.] Basic Core instructional aid is
equal to the aid allowance cost determined necessary by the
legislature to achieve the basic outcomes for each student times
the number of actual pupil units for the school year plus
support services aid for the district as determined under
section 124A.711. The core instructional aid allowance for
fiscal year 2000 1998 and thereafter is zero.
Subd. 3. [SPECIAL NEED AID.] Each district shall receive
special need aid equal to zero times the number of actual pupil
units for the school year times the district's special need
index.
Subd. 4. [COST DIFFERENTIAL AID.] Each district shall
receive aid equal to zero times the number of actual pupil units
for the school year times its cost differential index. This aid
is only available if the district has implemented a career
teacher program.
Subd. 3a. [AID TO LEARNING SITES.] Each district is
encouraged to direct core instructional aid to the learning
sites in the district and minimize the core instructional aid
used for other programs or services. Each district shall, to
the extent possible, facilitate allocation of each learning
site's core instructional aid by site management teams
consisting of site administrators, teachers, parents, and other
interested persons.
Subd. 5. [AID USES.] Aid received under this section may
only be used to deliver instructional services needed to assure
that all pupils in the district achieve the basic outcomes
through the following uses programs and services:
(1) salaries and benefits for licensed and nonlicensed
instructional staff used to instruct or direct instructional
delivery or provide academic instructional support services;
(2) instructional supplies and resources including, but not
limited to, curricular materials, maps, individualized
instructional materials, test materials, and other related
supplies;
(3) tuition payments to other service providers for direct
instruction or instructional materials; and
(4) computers, interactive television, and other
technologically related equipment used in the direct delivery of
instruction.;
(5) programs and services related to students' academic and
career progression including, but not limited to, community- and
work-based learning through mentoring, community service, and
youth apprenticeships;
(6) early childhood education programs designed to ensure
that students are ready to learn when they enter the education
system; and
(7) activities related to measurement of student progress
toward basic outcomes.
Sec. 26. [124A.711] [SUPPORT SERVICES AID.]
Subdivision 1. [SUPPORT SERVICES.] "Support services"
means services and programs beyond the core instruction
considered essential to allow students to achieve the basic
outcomes including, but not limited to, the following:
(1) counselors, psychologists, and social workers;
(2) services and programs for students needing special
education and handicapped children aged zero to three;
(3) health care, including early childhood screening;
(4) transportation;
(5) nutrition programs;
(6) libraries and other media and information centers;
(7) programs for specialized curricula relating to programs
such as violence prevention, AIDS awareness and prevention, and
drug abuse prevention; and
(8) programs and services for students judged to be at high
risk of not completing their education or otherwise having a
social or economic problems in excess of other students.
Subd. 2. [DETERMINATION OF AID.] The total amount of
support services aid shall be determined according to indices
for each service recommended by the commissioner of education
after consultations with appropriate state agencies, educators,
and other interested persons. The commissioner shall recommend
indices and aid amounts to the legislature by February 1 of each
odd-numbered year. The indices shall reflect the need for each
service based on the economic, geographic, demographic, and
other appropriate characteristics of each district.
Sec. 27. Minnesota Statutes 1992, section 273.13,
subdivision 23, is amended to read:
Subd. 23. [CLASS 2.] (a) Class 2a property is agricultural
land including any improvements that is homesteaded. The market
value of the house and garage and immediately surrounding one
acre of land has the same class rates as class 1a property under
subdivision 22. If the market value of the house, garage, and
surrounding one acre of land is less than $115,000, The value of
the remaining land including improvements equal up to the
difference between $115,000 and the market value of the house,
garage, and surrounding one acre of land has a net class rate of
.45 percent of market value and a gross class rate of 1.75
percent of market value. The remaining value of class 2a
property over $115,000 of market value that does not exceed 320
acres has a net class rate of 1.3 one percent of market value,
and a gross class rate of 2.25 percent of market value. The
remaining property over the $115,000 market value in excess of
320 acres has a class rate of 1.6 1.5 percent of market value,
and a gross class rate of 2.25 percent of market value.
(b) Class 2b property is (1) real estate, rural in
character and used exclusively for growing trees for timber,
lumber, and wood and wood products; and (2) real estate that is
nonhomestead agricultural land. Class 2b property has a net
class rate of 1.6 1.5 percent of market value, and a gross class
rate of 2.25 percent of market value.
(c) Agricultural land as used in this section means
contiguous acreage of ten acres or more, primarily used during
the preceding year for agricultural purposes. Agricultural use
may include pasture, timber, waste, unusable wild land, and land
included in state or federal farm programs. "Agricultural
purposes" as used in this section means the raising or
cultivation of agricultural products.
(d) Real estate of less than ten acres used principally for
raising or cultivating agricultural products, shall be
considered as agricultural land, if it is not used primarily for
residential purposes.
(e) The term "agricultural products" as used in this
subdivision includes:
(1) livestock, dairy animals, dairy products, poultry and
poultry products, fur-bearing animals, horticultural and nursery
stock described in sections 18.44 to 18.61, fruit of all kinds,
vegetables, forage, grains, bees, and apiary products by the
owner;
(2) fish bred for sale and consumption if the fish breeding
occurs on land zoned for agricultural use;
(3) the commercial boarding of horses if the boarding is
done in conjunction with raising or cultivating agricultural
products as defined in clause (1); and
(4) property which is owned and operated by nonprofit
organizations used for equestrian activities, excluding racing.
(f) If a parcel used for agricultural purposes is also used
for commercial or industrial purposes, including but not limited
to:
(1) wholesale and retail sales;
(2) processing of raw agricultural products or other goods;
(3) warehousing or storage of processed goods; and
(4) office facilities for the support of the activities
enumerated in clauses (1), (2), and (3),
the assessor shall classify the part of the parcel used for
agricultural purposes as class 1b, 2a, or 2b, whichever is
appropriate, and the remainder in the class appropriate to its
use. The grading, sorting, and packaging of raw agricultural
products for first sale is considered an agricultural purpose.
A greenhouse or other building where horticultural or nursery
products are grown that is also used for the conduct of retail
sales must be classified as agricultural if it is primarily used
for the growing of horticultural or nursery products from seed,
cuttings, or roots and occasionally as a showroom for the retail
sale of those products. Use of a greenhouse or building only
for the display of already grown horticultural or nursery
products does not qualify as an agricultural purpose.
The assessor shall determine and list separately on the
records the market value of the homestead dwelling and the one
acre of land on which that dwelling is located. If any farm
buildings or structures are located on this homesteaded acre of
land, their market value shall not be included in this separate
determination.
Sec. 28. Minnesota Statutes 1992, section 273.1398,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) In this section, the
terms defined in this subdivision have the meanings given them.
(b) "Unique taxing jurisdiction" means the geographic area
subject to the same set of local tax rates.
(c) "Gross tax capacity" means the product of the gross
class rates and estimated market values. "Total gross tax
capacity" means the gross tax capacities for all property within
the unique taxing jurisdiction. The total gross tax capacity
used shall be reduced by the sum of (1) the unique taxing
jurisdiction's gross tax capacity of commercial industrial
property as defined in section 473F.02, subdivision 3,
multiplied by the ratio determined pursuant to section 473F.08,
subdivision 6, for the municipality, as defined in section
473F.02, subdivision 8, in which the unique taxing jurisdiction
is located, (2) the gross tax capacity of the captured value of
tax increment financing districts as defined in section 469.177,
subdivision 2, and (3) the gross tax capacity of transmission
lines deducted from a local government's total gross tax
capacity under section 273.425. Gross tax capacity cannot be
less than zero.
(d) "Net tax capacity" means the product of (i) the
appropriate net class rates for the year in which the aid is
payable, except that for aids payable in 1992 the class rate
applied to class 4b property shall be 2.9 percent; the class
rate applied to class 4a property shall be 3.55 percent; the
class rate applied to noncommercial seasonal recreational
residential property shall be 2.25 percent; and the class rates
applied to portions of class 1a, 1b, and 2a property shall be 2
percent for the market value between $68,000 and $110,000 and
2.5 percent for the market value over $110,000; for aid payable
in 1993 the class rate applicable to class 4a shall be 3.5
percent; and the class rate applicable to class 4b shall be 2.65
percent; and for aid payable in 1994 the class rate applicable
to class 4b shall be 2.4 percent and the class rate applicable
to class 2a property over $115,000 market value and less than
320 acres is 1.15 percent, and (ii) estimated market values for
the assessment two years prior to that in which aid is payable.
The exclusion of the value of the house, garage, and one acre
from the first tier of agricultural homestead property must not
be considered in determining net tax capacity for purposes of
this paragraph for aids payable in 1994. The reclassification
of mobile home parks as class 4c shall not be considered in
determining net tax capacity for purposes of this paragraph for
aids payable in 1991 or 1992. Any reclassification of property
by Laws 1991, chapter 291, shall not be considered in
determining net tax capacity for aids payable in 1992. "Total
net tax capacity" means the net tax capacities for all property
within the unique taxing jurisdiction. The total net tax
capacity used shall be reduced by the sum of (1) the unique
taxing jurisdiction's net tax capacity of commercial industrial
property as defined in section 473F.02, subdivision 3,
multiplied by the ratio determined pursuant to section 473F.08,
subdivision 6, for the municipality, as defined in section
473F.02, subdivision 8, in which the unique taxing jurisdiction
is located, (2) the net tax capacity of the captured value of
tax increment financing districts as defined in section 469.177,
subdivision 2, and (3) the net tax capacity of transmission
lines deducted from a local government's total net tax capacity
under section 273.425. For purposes of determining the net tax
capacity of property referred to in clauses (1) and (2), the net
tax capacity shall be multiplied by the ratio of the highest
class rate for class 3a property for taxes payable in the year
in which the aid is payable to the highest class rate for class
3a property in the prior year. Net tax capacity cannot be less
than zero.
(e) (d) "Previous net tax capacity" means the product of
the appropriate net class rates for the year previous to the
year in which the aid is payable, and estimated market values
for the assessment two years prior to that in which aid is
payable. "Total previous net tax capacity" means the previous
net tax capacities for all property within the unique taxing
jurisdiction. The total previous net tax capacity shall be
reduced by the sum of (1) the unique taxing jurisdiction's
previous net tax capacity of commercial-industrial property as
defined in section 473F.02, subdivision 3, multiplied by the
ratio determined pursuant to section 473F.08, subdivision 6, for
the municipality, as defined in section 473F.02, subdivision 8,
in which the unique taxing jurisdiction is located, (2) the
previous net tax capacity of the captured value of tax increment
financing districts as defined in section 469.177, subdivision
2, and (3) the previous net tax capacity of transmission lines
deducted from a local government's total net tax capacity under
section 273.425. Previous net tax capacity cannot be less than
zero.
(f) (e) "Equalized market values" are market values that
have been equalized by dividing the assessor's estimated market
value for the second year prior to that in which the aid is
payable by the assessment sales ratios determined by class in
the assessment sales ratio study conducted by the department of
revenue pursuant to section 124.2131 in the second year prior to
that in which the aid is payable. The equalized market values
shall equal the unequalized market values divided by the
assessment sales ratio.
(g) "1989 local tax rate" means the quotient derived by
dividing the gross taxes levied within a unique taxing
jurisdiction for taxes payable in 1989 by the gross tax capacity
of the unique taxing jurisdiction for taxes payable in 1989.
For computation of the local tax rate for aid payable in 1991
and subsequent years, gross taxes for taxes payable in 1989
exclude equalized levies as defined in subdivision 2a. For
purposes of computation of the local tax rate only, gross taxes
shall not be adjusted by inflation or household growth.
(h) (f) "Equalized school levies" means the amounts levied
for:
(1) general education under section 124A.23, subdivision 2;
(2) supplemental revenue under section 124A.22, subdivision
8a;
(3) capital expenditure facilities revenue under section
124.243, subdivision 3;
(4) capital expenditure equipment revenue under section
124.244, subdivision 2;
(5) basic transportation under section 124.226, subdivision
1; and
(6) referendum revenue under section 124A.03.
(g) "Current local tax rate" means the quotient derived by
dividing the taxes levied within a unique taxing jurisdiction
for taxes payable in the year prior to that for which aids are
being calculated by the net tax capacity of the unique taxing
jurisdiction.
(i) For purposes of calculating the homestead and
agricultural credit aid authorized pursuant to subdivision 2,
the "subtraction factor" is the product of (i) a unique taxing
jurisdiction's 1989 local tax rate; (ii) its total net tax
capacity; and (iii) 0.9767.
(j) (h) For purposes of calculating and allocating
homestead and agricultural credit aid authorized pursuant to
subdivision 2 and the disparity reduction aid authorized in
subdivision 3, "gross taxes levied on all properties," "gross
taxes," or "taxes levied" means the total taxes levied on all
properties except that levied on the captured value of tax
increment districts as defined in section 469.177, subdivision
2, and that levied on the portion of commercial industrial
properties' assessed value or gross tax capacity, as defined in
section 473F.02, subdivision 3, subject to the areawide tax as
provided in section 473F.08, subdivision 6, in a unique taxing
jurisdiction. Gross taxes levied on all properties or gross
taxes are before reduction by any credits for taxes payable in
1989. "Gross taxes" are before any reduction for disparity
reduction aid but "taxes levied" are after any reduction for
disparity reduction aid. Gross taxes levied or taxes levied
cannot be less than zero.
"Taxes levied" excludes actual amounts levied for purposes
listed in subdivision 2a equalized school levies.
(k) (i) "Human services aids" means:
(1) aid to families with dependent children under sections
256.82, subdivision 1, and 256.935, subdivision 1;
(2) medical assistance under sections 256B.041, subdivision
5, and 256B.19, subdivision 1;
(3) general assistance medical care under section 256D.03,
subdivision 6;
(4) general assistance under section 256D.03, subdivision
2;
(5) work readiness under section 256D.03, subdivision 2;
(6) emergency assistance under section 256.871, subdivision
6;
(7) Minnesota supplemental aid under section 256D.36,
subdivision 1;
(8) preadmission screening and alternative care grants;
(9) work readiness services under section 256D.051;
(10) case management services under section 256.736,
subdivision 13;
(11) general assistance claims processing, medical
transportation and related costs; and
(12) medical assistance, medical transportation and related
costs.
(l) "Cost-of-living adjustment factor" means the greater of
one or one plus the percentage increase in the consumer price
index minus .36 percent. In no case may the cost of living
adjustment factor exceed 1.0394.
(m) The percentage increase in the consumer price index
means the percentage, if any, by which:
(1) the consumer price index for the calendar year
preceding that in which aid is payable, exceeds
(2) the consumer price index for calendar year 1989.
(n) "Consumer price index for any calendar year" means the
average of the consumer price index as of the close of the
12-month period ending on May 31 of such calendar year.
(o) "Consumer price index" means the last consumer price
index for all-urban consumers published by the department of
labor. For purposes of the preceding sentence, the revision of
the consumer price index which is most consistent with the
consumer price index for calendar year 1989 shall be used.
(p) (j) "Household adjustment factor" means the number of
households for the second most recent year preceding that in
which the aids are payable divided by the number of households
for the third most recent year. The household adjustment factor
cannot be less than one.
(q) (k) "Growth adjustment factor" means the household
adjustment factor in the case of counties, cities, and towns.
In the case of school districts the growth adjustment factor
means the average daily membership of the school district under
section 124.17, subdivision 2, for the school year ending in the
second most recent year preceding that in which the aids are
payable divided by the average daily membership for the third
most recent year. In the case of special taxing districts, the
growth adjustment factor equals one. The growth adjustment
factor cannot be less than one.
(r) (l) For aid payable in 1992 and subsequent years,
"homestead and agricultural credit base" means the previous
year's certified homestead and agricultural credit aid
determined under subdivision 2 less any permanent aid reduction
in the previous year to homestead and agricultural credit aid
under section 477A.0132, plus, for aid payable in 1992, fiscal
disparity homestead and agricultural credit aid under
subdivision 2b.
(s) (m) "Net tax capacity adjustment" means (1) the total
previous net tax capacity minus the total net tax capacity,
multiplied by (2) the unique taxing jurisdiction's current local
tax rate. The net tax capacity adjustment cannot be less than
zero.
(t) (n) "Fiscal disparity adjustment" means the difference
between (1) a taxing jurisdiction's fiscal disparity
distribution levy under section 473F.08, subdivision 3, clause
(a), for taxes payable in the year prior to that for which aids
are being calculated, and (2) the same distribution levy
multiplied by the ratio of the highest class rate for class 3
property for taxes payable in the year prior to that for which
aids are being calculated to the highest class rate for class 3
property for taxes payable in the second prior year to that for
which aids are being calculated. In the case of school
districts, the fiscal disparity distribution levy shall exclude
that part of the levy attributable to equalized school levies as
defined in subdivision 2a.
Sec. 29. Minnesota Statutes 1992, section 273.1398,
subdivision 2a, is amended to read:
Subd. 2a. [EDUCATION LEVY REDUCTION.] (a) As used in this
subdivision, "equalized levies" means the sum of the maximum
amounts that may be levied for:
(1) general education under section 124A.23, subdivision 2;
(2) supplemental revenue under section 124A.23, subdivision
2a;
(3) capital expenditure facilities revenue under section
124.243, subdivision 3;
(4) capital expenditure equipment revenue under section
124.44, subdivision 2; and
(5) basic transportation under section 124.226, subdivision
1; and
(6) referendum revenue under section 124A.03.
(b) By December 1, the commissioner of education shall
determine and certify to the commissioner of revenue the amount
of the education levy reduction. The reduction shall be equal
to the amount by which:
(1) the amount that would have been computed as the
district's total maximum levy for property taxes payable in
1990, if the equalized levies had been based upon the district's
adjusted gross tax capacity, the general education tax rate had
been 29.1 percent, the taconite levy reduction limit according
to section 124.918, subdivision 8, had been 10.22 percent of
adjusted gross tax capacity, and the capital expenditure
equipment and facilities levies had been calculated using 70
percent of the equalizing factor, exceeds
(2) the amount that would have been computed as the
district's total maximum levy for property taxes payable in
1990, if the equalized levies had been based upon the district's
adjusted net tax capacity, the general education tax rate had
been 29.1 percent, the taconite levy reduction limit according
to section 124.918, subdivision 8, had been 10.22 percent of
adjusted net tax capacity, and the capital expenditure equipment
and facilities levies had been calculated using 70 percent of
the equalizing factor.
(c) For property taxes payable in 1990, the amount of the
education levy reduction shall be deducted from the homestead
and agricultural credit aid payable to each school district
under subdivision 2.
Homestead and agricultural credit aid shall not be reduced
below zero.
Sec. 30. Minnesota Statutes 1992, section 275.065,
subdivision 6, is amended to read:
Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.]
Between November 29 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 124.82,
subdivision 3, 124A.03, subdivision 2, 124B.03, subdivision 2,
or 136C.411, after the proposed levy was certified;
(2) the amount of a city or county levy approved by the
voters 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;
and
(7) the amount required under section 124.755.
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 of a school district, shall adopt its final
property tax levy prior to adopting its final budget.
If the hearing is not completed on its scheduled date, the
taxing authority must announce, prior to adjournment of the
hearing, the date, time, and place for the continuation of the
hearing. The continued hearing must be held at least five
business days but no more than 14 business days after the
original hearing.
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 governing body of a county shall hold its hearing on the
second Tuesday in December each year. The county auditor shall
provide for the coordination of hearing dates for all cities and
school districts within the county.
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. 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 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. The city must not select dates that conflict
with the county hearing dates or with those elected by or
assigned to the school districts in which the city is located.
The county hearing dates and the city and school district
hearing dates must be designated on the notices required under
subdivision 3. The continuation dates need not be stated on the
notices.
This subdivision does not apply to towns and special taxing
districts.
Sec. 31. Minnesota Statutes 1992, 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 second previous
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 124.918, subdivision
8, 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 1994, 1990, and 1991, 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). In 1992 and 1993, the amount distributed per ton shall be
the same as that determined for distribution in 1991. In 1994,
the amount distributed per ton shall be equal to the amount per
ton distributed in 1991 increased in the same proportion as the
increase between the fourth quarter of 1988 and the fourth
quarter of 1992 in the implicit price deflator as defined in
section 298.24, subdivision 1. On July 15, 1995, and subsequent
years, and subsequent years, an amount equal to the increase
derived by increasing the amount determined by paragraph (c)
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, 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 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 for early childhood programs or
for outcome-based learning programs that enhance the academic
quality of the district's curriculum. The outcome-based
learning 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. 32. Minnesota Statutes 1992, section 473F.02, is
amended by adding a subdivision to read:
Subd. 24. [LOCAL TAX RATE.] "Local tax rate" means a
governmental unit's levy, including any portion levied against
market value under section 124A.03, subdivision 2a, divided by
its net tax capacity.
Sec. 33. [SPECIAL DEFINITION OF A PUPIL UNIT IN ONAMIA.]
Notwithstanding Minnesota Statutes, section 124.17, for
fiscal year 1994 only, a resident pupil of independent school
district No. 480, Onamia, who enrolls in a nonpublic school
located on a reservation shall be counted as one-half of a pupil
unit in average daily membership.
Sec. 34. [GENERAL EDUCATION REVENUE REDUCTION; SLAYTON.]
Subdivision 1. [QUALIFICATION.] Independent school
district No. 504, Slayton, is eligible for revenue under this
section if the district has an approved plan for cooperation and
combination. If the referendum required under Minnesota
Statutes, section 122.243, subdivision 2, fails, the aid
adjustment required in subdivision 2 cancels and the department
of education shall make a negative adjustment to the following
year's aid payments for any amount actually paid to the
district. If the referendum fails, the district's levy
authority under subdivision 3 is canceled. If the levy has
already been certified, the department of education shall make a
negative levy adjustment to the following year's general
education levy limitations.
Subd. 2. [AID ADJUSTMENT.] For fiscal year 1994 only, the
department of education shall include in the general education
aid calculation for independent school district No. 504,
Slayton, the sum of the amounts by which the district's general
education aid was reduced for fiscal years 1992 and 1993 under
Minnesota Statutes, section 124A.26.
Subd. 3. [LEVY ADJUSTMENT.] For 1993 taxes payable in 1994
only, independent school district No. 504, Slayton, or its
successor district, may levy an amount not to exceed the sum of
the levy reductions for fiscal years 1992 and 1993 resulting
from the general education revenue fund balance reduction under
Minnesota Statutes, section 124A.26.
Sec. 35. [COALITION FOR EDUCATION REFORM AND
ACCOUNTABILITY; TRANSITION PROVISIONS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] The coalition for
educational reform and accountability is established to promote
public understanding of and support for policies and practices
that help Minnesota students attain world-class education
outcomes and succeed in the 21st century. The coalition shall
promote innovation and sustainable reform in education.
Subd. 2. [MEMBERSHIP.] The coalition shall consist of 24
members. The coalition is encouraged to seek private donations
and may hire an executive director if funds are available. The
members, appointed by the panel in subdivision 3, must include
eight people directly involved in public education including
higher education, six people who represent state and local
governments, and ten people who are public members, including
parents, business leaders, labor leaders, government leaders,
educators, journalists, and others who have demonstrated a
commitment to excellence in Minnesota public schools.
Membership terms and removal are governed by Minnesota Statutes,
section 15.059.
Subd. 3. [PANEL.] A panel, composed of one person
appointed by the governor, one person appointed by the speaker
of the House of Representatives, one person appointed by the
subcommittee on committees of the Senate committee on rules and
administration, and the commissioner of education, shall appoint
the members of the coalition. The members of the panel
appointed by the speaker and the subcommittee on committees
shall serve as two of the six members of the coalition
representing state and local government. The panel shall
consider gender and geographical and racial diversity in the
appointments. The commissioner of education shall chair and
convene the panel. The panel must make the first appointments
to the coalition by September 1, 1993.
Subd. 4. [ACTIVITIES TO PROMOTE INNOVATION.] Coalition
activities to promote innovation and sustainable reform in
education include:
(1) developing a strategic plan and corresponding target
dates for implementing major reform goals and practices;
(2) encouraging and supporting policies to bring systemic
change into the state's public schools;
(3) assisting in implementing various reform and
accountability initiatives adopted by the state;
(4) reporting annually on the state's progress in
developing and implementing student and system outcomes; and
(5) working with all stakeholders to identify and monitor
their respective responsibilities for helping students and the
public education system achieve educational objectives.
Subd. 5. [FINANCIAL PLAN.] The coalition must deliver to
the legislature by January 31, 1995, a plan to achieve the
purposes of Minnesota Statutes, sections 124A.698 to 124A.72.
The plan shall at least include:
(1) proposed definitions and estimated costs of core
instruction, support services, and local discretionary services;
(2) an implementation schedule for realizing this section
by fiscal year 2000;
(3) a process to monitor the development of education
outcomes and make proposals for rewarding the progress that
learning sites make toward achieving the outcomes and assisting
those learning sites unable to make such progress;
(4) consideration of whether the delivery system for
implementing the proposed changes is more appropriately a
prekindergarten through grade 10 system combined with a revised
post-secondary system or the current prekindergarten through
grade 12 system, and an examination of the most effective
delivery system for programs such as youth apprenticeship,
enrollment options, technical preparation, and secondary
vocational programs, and area learning centers; and
(5) other law and rule changes necessary to accomplish the
purposes of this section.
Subd. 6. [STUDY.] The coalition, in conjunction with the
Minnesota state high school league, the Minnesota academic
excellence foundation, and the Minnesota school board
association shall study the cost of and accounting for
co-curricular and extracurricular activities and the
implications of how the activities are funded. The coalition
shall deliver the results of the study to the legislature with
the plan required under subdivision 5.
Subd. 7. [EXPIRATION.] Notwithstanding Minnesota Statutes,
section 15.059, subdivision 5, the coalition expires June 30,
2000.
Sec. 36. [LEVY ADJUSTMENT; APPLETON.]
Notwithstanding any law to the contrary, independent school
district No. 784, Appleton, must not receive a negative levy
adjustment for any referendum levy certified for taxes payable
in 1992. For taxes payable in 1994 only, independent school
district No. 784, Appleton, shall make a positive levy
adjustment in an amount equal to the amount of the negative levy
adjustment attributable to the district's referendum levy made
to the district's 1992 taxes payable in 1993.
Sec. 37. [REFERENDUM AUTHORITY.]
Unless scheduled to expire sooner, a referendum levy
authorized under section 124A.03, expires July 1, 1997.
Sec. 38. [TAX CREDIT ADJUSTMENT.]
Prior to the computation of homestead and agricultural aid
for taxes payable in 1994, the commissioner of revenue shall
reduce a school district's homestead and agricultural aid by an
amount equal to the homestead and agricultural aid for calendar
year 1993 times the ratio of referendum levy certified for 1993
to the certified unequalized levies for 1993. The department of
education shall determine the change in referendum levies
payable in 1994 attributable to the increase in equalization
under sections 8 and 9. Notwithstanding any law to the
contrary, a district may recognize revenue equal to one-half of
the levy reduction in the fiscal year the levy is certified and
each year thereafter.
Sec. 39. [PAYMENT DATES.]
Upon notification from the commissioner of finance of the
need to reduce or avoid state short-term borrowing in fiscal
year 1995, the commissioner of education shall delay payments
due under section 124.195, subdivision 3, by up to ten business
days. For purposes of this section, the commissioner of
education may make adjustments in the amount of delayed payments
to a school district if it is determined that the district's
cash balances will not be sufficient to cover payroll during the
15-day period following the due date.
Sec. 40. [GENERAL EDUCATION REVENUE CORRECTION.]
Subdivision 1. [DULUTH RECOMPUTATION.] The department of
education shall recompute the base revenue in fiscal year 1988
for supplemental revenue determination for fiscal year 1994 and
thereafter for the omission of supplemental pension
contributions for independent school district No. 709, Duluth.
Subd. 2. [COMPUTATION.] The department of education, with
consultation of the legislative commission on pensions and
retirement, shall determine the pension contribution amounts in
subdivision 1.
Sec. 41. [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:
$1,795,024,000 ..... 1994
$2,040,181,000 ..... 1995
The 1994 appropriation includes $257,551,000 for 1993 and
$1,537,473,000 for 1994.
The 1995 appropriation includes $270,110,000 for 1994 and
$1,770,071,000 for 1995.
Sec. 42. [REPEALER.]
Laws 1988, chapter 486, section 59, is repealed. Minnesota
Statutes 1992, section 124.197, is repealed July 1, 1993.
Sec. 43. [EFFECTIVE DATE.]
Section 16 is effective for supplemental revenue beginning
July 1, 1993. Sections 7, 8, 9, 10, 11, 13, 14, 15, 17, 22, and
23 are effective for revenue for fiscal year 1995.
Section 6 is effective the day following final enactment
and shall be applicable to all school district debt obligations
issued on or after its effective date.
Section 4 is effective for assessment year 1992 and
subsequent years. Section 28 is effective for taxes payable in
1994 and subsequent years. Section 29 is effective for aids
payable in 1994 and subsequent years.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1992, section 120.062,
subdivision 9, is amended to read:
Subd. 9. [TRANSPORTATION.] (a) 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.
(b) Notwithstanding paragraph (a) and section 124.225,
subdivision 8l, transportation provided by a nonresident
district between home and school for a pupil attending school
under this section is authorized for nonregular transportation
revenue under section 124.225, if the following criteria are met:
(1) the school that the pupil was attending prior to
enrolling in the nonresident district under this section was
closed;
(2) the distance from the closed school to the next nearest
school in the district that the student could attend is at least
20 miles;
(3) the pupil's residence is at least 20 miles from any
school that the pupil could attend in the resident district; and
(4) the pupil's residence is closer to the school of
attendance in the nonresident district than to any school the
pupil could attend in the resident district.
Sec. 2. Minnesota Statutes 1992, section 120.73,
subdivision 1, is amended to read:
Subdivision 1. A school board is authorized to require
payment of fees in the following areas:
(a) in any program where the resultant product, in excess
of minimum requirements and at the pupil's option, becomes the
personal property of the pupil;
(b) admission fees or charges for extra curricular
activities, where attendance is optional;
(c) a security deposit for the return of materials,
supplies, or equipment;
(d) personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it
meets reasonable requirements and standards relating to health
and safety established by the school board;
(e) items of personal use or products which a student has
an option to purchase such as student publications, class rings,
annuals, and graduation announcements;
(f) fees specifically permitted by any other statute,
including but not limited to section 171.04, subdivision 1,
clause (1);
(g) field trips considered supplementary to a district
educational program;
(h) any authorized voluntary student health and accident
benefit plan;
(i) for the use of musical instruments owned or rented by
the district, a reasonable rental fee not to exceed either the
rental cost to the district or the annual depreciation plus the
actual annual maintenance cost for each instrument;
(j) transportation of pupils to and from extra curricular
activities conducted at locations other than school, where
attendance is optional;
(k) transportation of pupils to and from school for which
aid is not authorized under section 124.223, subdivision 1, and
for which levy is not authorized under section 124.226,
subdivision 5, if a district charging fees for transportation of
pupils establishes guidelines for that transportation to ensure
that no pupil is denied transportation solely because of
inability to pay;
(l) motorcycle classroom education courses conducted
outside of regular school hours; provided the charge shall not
exceed the actual cost of these courses to the school district;
(m) transportation to and from post-secondary institutions
for pupils enrolled under the post-secondary enrollment options
program under section 123.39, subdivision 16. Fees collected
for this service must be reasonable and shall be used to reduce
the cost of operating the route. Families who qualify for
mileage reimbursement under section 123.3514, subdivision 8, may
use their state mileage reimbursement to pay this fee. If no
fee is charged, districts shall allocate costs based on the
number of pupils riding the route.
Sec. 3. Minnesota Statutes 1992, section 123.39, is
amended by adding a subdivision to read:
Subd. 15. [PUPIL TRANSPORT ON STAFF DEVELOPMENT DAYS.] A
school district may provide bus transportation between home and
school for pupils on days devoted to parent-teacher conferences,
teacher's workshops, or other staff development opportunities.
If approved by the commissioner as part of a program of
educational improvement, the cost of providing this
transportation, as determined by generally accepted accounting
principles, must be considered part of the authorized cost for
regular transportation for the purposes of section 124.225. The
commissioner shall approve inclusion of these costs in the
regular transportation category only if the total number of
instructional hours in the school year divided by the total
number of days for which transportation is provided equals or
exceeds the number of instructional hours per day prescribed in
the rules of the state board.
Sec. 4. Minnesota Statutes 1992, section 123.39, is
amended by adding a subdivision to read:
Subd. 16. [POST-SECONDARY ENROLLMENT OPTIONS
PUPILS.] School districts may provide bus transportation along
school bus routes established to provide nonregular
transportation as defined in section 124.225, subdivision 1,
paragraph (c), clause (2), when space is available, for pupils
attending programs at a post-secondary institution under the
post-secondary enrollment options program. The transportation
is permitted only if it does not increase the district's
expenditures for transportation. Fees collected for this
service under section 120.73, subdivision 1, paragraph (m),
shall be subtracted from the authorized cost for nonregular
transportation for the purpose of section 124.225.
Sec. 5. Minnesota Statutes 1992, 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 (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
169.01, subdivision 6, paragraph (c), 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) "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;
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.
(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 pupils with a
disability between home or a respite care facility and school or
other buildings where special instruction required by section
120.17 is provided.
(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.
(e) "Current year" means the school year for which aid will
be paid.
(f) "Base year" means the second school year preceding the
school year for which aid will be paid.
(g) "Base cost" means the ratio of:
(1) the sum of the authorized cost in the base year for
regular transportation as defined in paragraph (b) plus the
actual cost in the base year for excess transportation as
defined in paragraph (c);
(2) to the sum of the number of weighted FTE pupils
transported FTE's in the regular and excess categories in the
base year.
(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 FTE's 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.
(i) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(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.
(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.
(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).
(m) "Adjusted predicted base cost" means the predicted base
cost as computed in subdivision 3a as adjusted under subdivision
7a.
(n) "Regular transportation allowance" means the adjusted
predicted base cost, inflated and adjusted under subdivision 7b.
Sec. 6. Minnesota Statutes 1992, section 124.225,
subdivision 3a, is amended to read:
Subd. 3a. [PREDICTED BASE COST.] A district's predicted
base cost 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 $421 $447 for the 1989-1990
1991-1992 base year and $434 $463 for the 1990-1991 1992-1993
base year.
(b) Multiply the result in paragraph (a) by the district's
density index raised to the 35/100 power.
(c) Multiply the result in paragraph (b) by the district's
contract transportation index raised to the 1/20 power.
Sec. 7. Minnesota Statutes 1992, section 124.225,
subdivision 7b, is amended to read:
Subd. 7b. [INFLATION FACTORS.] The adjusted predicted base
cost determined for a district under subdivision 7a for the base
year must be increased by 4.0 2.35 percent to determine the
district's regular transportation allowance for the 1991-1992
1993-1994 school year and by 2.0 3.425 percent to determine the
district's regular transportation allowance for the 1992-1993
1994-1995 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. 8. Minnesota Statutes 1992, section 124.225,
subdivision 7d, is amended to read:
Subd. 7d. [TRANSPORTATION REVENUE.] 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, 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 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
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 is 1.0435 for the
1992-1993 1993-1994 school year is 1.061 and 1.03425 for the
1994-1995 school year.
Sec. 9. Minnesota Statutes 1992, section 124.225,
subdivision 7e, is amended 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. 10. Minnesota Statutes 1992, section 124.226,
subdivision 3, is amended to read:
Subd. 3. [OFF-FORMULA ADJUSTMENT.] In a district if the
basic transportation levy under subdivision 1 attributable to
that fiscal year is more than the difference between (1) the
district's transportation revenue under section 124.225,
subdivision 7d, and (2) the sum of the district's maximum
nonregular levy under subdivision 4 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 difference
between the amount of the excess and the amount of the aid
reduction for the same fiscal year according to subdivision 3a.
Sec. 11. Minnesota Statutes 1992, section 124.226, is
amended by adding a subdivision to read:
Subd. 3a. [TRANSPORTATION LEVY EQUITY.] (a) If a
district's basic transportation levy for a fiscal year is
adjusted according to subdivision 3, an amount must be deducted
from the state payments that are authorized in chapter 273 and
that are receivable for the same fiscal year. The amount of the
deduction equals the difference between:
(1) the district's transportation revenue under section
124.225, subdivision 7d; and
(2) the sum of the district's maximum basic transportation
levy under subdivision 1, the district's maximum nonregular levy
under subdivision 4, the district's maximum excess
transportation levy under subdivision 5, 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.
(b) Notwithstanding paragraph (a), for fiscal year 1995,
the amount of the deduction is one-fourth of the difference
between clauses (1) and (2); for fiscal year 1996, the amount of
the deduction is one-half of the difference between clauses (1)
and (2); and for fiscal year 1997, the amount of the deduction
is three-fourths of the difference between clauses (1) and (2).
(c) The amount of the deduction in any fiscal year must not
exceed the amount of state payments that are authorized in
chapter 273 and that are receivable for the same fiscal year in
the district's transportation fund.
Sec. 12. Minnesota Statutes 1992, section 124.226,
subdivision 9, is amended to read:
Subd. 9. [LATE ACTIVITY BUSES.] (a) A school district may
levy an amount equal to the lesser of:
(1) the actual cost of late transportation home from
school, between schools within a district, or between schools in
one or more districts that have an agreement under sections
122.241 to 122.248, 122.535, 122.541, or 124.494, for pupils
involved in after school activities for the school year
beginning in the year the levy is certified; or
(2) two percent of the district's regular transportation
revenue for that school year according to section 124.225,
subdivision 7d, paragraph (a).
(b) A district that levies under this section must provide
late transportation home from school for students participating
in any academic-related activities provided by the district if
transportation is provided for students participating in
athletic activities.
(c) A district may levy under this subdivision only if the
district provided late transportation home from school during
fiscal year 1991.
Sec. 13. Laws 1991, chapter 265, article 2, section 19,
subdivision 2, is amended to read:
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 $2,000,000 in fiscal year 1992 and
$1,000,000 $500,000 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.
In fiscal year 1992, only, for purposes of this
subdivision, "desegregation costs" means all expenditures for
desegregation transportation as defined in Minnesota Statutes,
section 124.225, subdivision 1, paragraph (c), clause (4), for
which aid is authorized in Minnesota Statutes, section 124.223,
plus an amount equal to one year's depreciation, computed
according to Minnesota Statutes, section 124.225, subdivision 1,
paragraph (b), clauses (2), (3), and (4), on district school
buses used primarily for desegregation transportation.
Sec. 14. [ADDITIONAL LATE ACTIVITY LEVY.]
A school district that is eligible to certify a levy under
section 12 and was not eligible to certify a levy in 1992 under
Minnesota Statutes, section 124.226, subdivision 9, may certify
an additional amount in 1993 for taxes payable in 1994 equal to
the amount it would have been authorized to certify in 1992 for
taxes payable in 1993 had it been eligible. A levy authorized
under this section must be recognized according to Minnesota
Statutes, section 124.918, subdivision 6.
Sec. 15. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [TRANSPORTATION AID.] For transportation aid
according to Minnesota Statutes, section 124.225:
$127,889,000 ..... 1994
$141,658,000 ..... 1995
The 1994 appropriation includes $18,327,000 for 1993 and
$108,706,000 for 1994.
The 1995 appropriation includes $19,183,000 for 1994 and
$120,410,000 for 1995.
Subd. 3. [TRANSPORTATION AID FOR POST-SECONDARY ENROLLMENT
OPTIONS.] For transportation of pupils attending post-secondary
institutions according to Minnesota Statutes, section 123.3514:
$52,000 ..... 1994
$58,000 ..... 1995
Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
transportation of pupils attending nonresident districts
according to Minnesota Statutes, section 120.0621:
$15,000 ..... 1994
$19,000 ..... 1995
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.
Sec. 16. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Sections 10 and 11 are effective July 1, 1994.
Sections 12 and 14 are effective for levies certified in
1993 for taxes payable in 1994.
Section 13 is effective for fiscal years 1992 and 1993 only.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1992, section 120.17,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF SPECIAL INSTRUCTION.] (a) Special
instruction and services for children with a disability must be
based on the assessment and individual education plan. The
instruction and services may be provided by one or more of the
following methods:
(1) in connection with attending regular elementary and
secondary school classes;
(2) establishment of special classes;
(3) at the home or bedside of the child;
(4) in other districts;
(5) instruction and services by special education
cooperative centers established under this section, or in
another member district of the cooperative center to which the
resident district of the child with a disability belongs;
(6) in a state residential school or a school department of
a state institution approved by the commissioner;
(7) in other states;
(8) by contracting with public, private or voluntary
agencies;
(9) for children under age five and their families,
programs and services established through collaborative efforts
with other agencies;
(10) for children under age five and their families,
programs in which children with a disability are served with
children without a disability; and
(11) any other method approved by the commissioner.
(b) Preference shall be given to providing special
instruction and services to children under age three and their
families in the residence of the child with the parent or
primary caregiver, or both, present.
(c) The primary responsibility for the education of a child
with a disability shall remain with the district of the child's
residence regardless of which method of providing special
instruction and services is used. If a district other than a
child's district of residence provides special instruction and
services to the child, then the district providing the special
instruction and services shall notify the child's district of
residence before the child's individual education plan is
developed and shall provide the district of residence an
opportunity to participate in the plan's development. The
district of residence must inform the parents of the child about
the methods of instruction that are available.
(d) Paragraphs (e) to (i) may be cited as the "blind
persons' literacy rights and education act."
(e) The following definitions apply to paragraphs (f) to
(i).
"Blind student" means an individual who is eligible for
special educational services and who:
(1) has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision such
that the widest diameter subtends an angular distance of no
greater than 20 degrees; or
(2) has a medically indicated expectation of visual
deterioration.
"Braille" means the system of reading and writing through
touch commonly known as standard English Braille.
"Individualized education plan" means a written statement
developed for a student eligible for special education and
services pursuant to this section and section 602(a)(20) of part
A of the Individuals with Disabilities Education Act, United
States Code, title 20, section 1401(a).
(f) In developing an individualized education plan for each
blind student the presumption must be that proficiency in
Braille reading and writing is essential for the student to
achieve satisfactory educational progress. The assessment
required for each student must include a Braille skills
inventory, including a statement of strengths and deficits.
Braille instruction and use are not required by this paragraph
if, in the course of developing the student's individualized
education program, team members concur that the student's visual
impairment does not affect reading and writing performance
commensurate with ability. This paragraph does not require the
exclusive use of Braille if other special education services are
appropriate to the student's educational needs. The provision
of other appropriate services does not preclude Braille use or
instruction. Instruction in Braille reading and writing shall
be available for each blind student for whom the
multidisciplinary team has determined that reading and writing
is appropriate.
(g) Instruction in Braille reading and writing must be
sufficient to enable each blind student to communicate
effectively and efficiently with the same level of proficiency
expected of the student's peers of comparable ability and grade
level.
(h) The student's individualized education plan must
specify:
(1) the results obtained from the assessment required under
paragraph (f);
(2) how Braille will be implemented through integration
with other classroom activities;
(3) the date on which Braille instruction will begin;
(4) the length of the period of instruction and the
frequency and duration of each instructional session;
(5) the level of competency in Braille reading and writing
to be achieved by the end of the period and the objective
assessment measures to be used; and
(6) if a decision has been made under paragraph (f) that
Braille instruction or use is not required for the student:
(i) a statement that the decision was reached after a
review of pertinent literature describing the educational
benefits of Braille instruction and use; and
(ii) a specification of the evidence used to determine that
the student's ability to read and write effectively without
Braille is not impaired.
(i) Instruction in Braille reading and writing is a service
for the purpose of special education and services under this
section.
(j) Paragraphs (e) to (i) shall not be construed to
supersede any rights of a parent or guardian of a child with a
disability under federal or state law.
Sec. 2. Minnesota Statutes 1992, section 120.17,
subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] The state board shall
promulgate rules relative to qualifications of essential
personnel, courses of study, methods of instruction, pupil
eligibility, size of classes, rooms, equipment, supervision,
parent consultation, and any other rules it deems necessary for
instruction of children with a disability. These rules shall
provide standards and procedures appropriate for the
implementation of and within the limitations of subdivisions 3a
and 3b. These rules shall also provide standards for the
discipline, control, management and protection of children with
a disability. The state board shall not adopt rules for pupils
served in level 1, 2, or 3, as defined in Minnesota Rules, part
3525.2340, establishing either case loads or the maximum number
of pupils that may be assigned to special education teachers.
The state board, in consultation with the departments of health
and human services, shall adopt permanent rules for instruction
and services for children under age five and their families.
These rules are binding on state and local education, health,
and human services agencies. The state board shall adopt rules
to determine eligibility for special education services. The
rules shall include procedures and standards by which to grant
variances for experimental eligibility criteria. The state
board shall, according to section 14.05, subdivision 4, notify a
district applying for a variance from the rules within 45
calendar days of receiving the request whether the request for
the variance has been granted or denied. If a request is
denied, the board shall specify the program standards used to
evaluate the request and the reasons for denying the request.
Sec. 3. Minnesota Statutes 1992, section 120.17,
subdivision 11a, is amended to read:
Subd. 11a. [STATE INTERAGENCY COORDINATING COUNCIL.] An
interagency coordinating council of at least 15 members 17, but
not more than 25 members is established, in compliance with
Public Law Number 102-119, section 682. The members shall be
appointed by the governor. Council members shall elect the
council chair. The representative of the commissioner of
education may not serve as the chair. The council shall be
composed of at least five parents, including persons of color,
of children with disabilities under age 12, including at least
three parents of a child with a disability under age
seven, three five representatives of public or private providers
of services for children with disabilities under age five,
including a special education director, county social service
director, and a community health services or public health
nursing administrator, one member of the senate, one member of
the house of representatives, one representative of teacher
preparation programs in early childhood-special education or
other preparation programs in early childhood intervention, at
least one representative of advocacy organizations for children
with disabilities under age five, one physician who cares for
young children with special health care needs, one
representative each from the commissioners of commerce,
education, health, human services, and jobs and training, and a
representative from Indian health services or a tribal council.
Section 15.059, subdivisions 2 to 5, apply to the council. The
council shall meet at least quarterly.
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 disabilities 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
disabilities 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.
Each year by June 1, the council shall recommend to the
governor and the commissioners of education, health, human
services, commerce, and jobs and training policies for a
comprehensive and coordinated system.
Sec. 4. Minnesota Statutes 1992, section 120.17,
subdivision 11b, is amended to read:
Subd. 11b. [RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
DISTRICTS BOARDS.] It is the joint responsibility of county
boards and school districts boards to coordinate, provide, and
pay for appropriate services, and to facilitate payment for
services from public and private sources. Appropriate
services for children eligible under section 120.03 must be
determined in consultation with parents, physicians, and other
educational, medical, health, and human services providers. The
services provided must be in conformity with an individual
family service plan (IFSP) as defined in code of federal
regulations, title 34, sections 303.340, 303.341a, and 303.344
for each eligible infant and toddler from birth through age two
and its family, or an individual education plan (IEP) or
individual service plan (ISP) for each eligible child ages three
through four. County boards and school boards shall not be
required to provide any services under an individual family
service plan that are not required in an individual education
plan or individual service plan. Appropriate services include
family education and counseling, home visits, occupational and
physical therapy, speech pathology, audiology, psychological
services, special instruction, case management including service
coordination, medical services for diagnostic and evaluation
purposes, early identification, and screening, assessment, and
health services necessary to enable children with disabilities
to benefit from early intervention services. School districts
must be the primary agency in this cooperative effort. County
and school boards shall jointly determine the primary agency in
this cooperative effort and must notify the commissioner of
education of their decision.
Sec. 5. Minnesota Statutes 1992, section 120.17,
subdivision 12, is amended to read:
Subd. 12. [INTERAGENCY EARLY INTERVENTION COMMITTEE
COMMITTEES.] (a) A school district, group of districts, or
special education cooperative, in cooperation with the health
and human service agencies located in the county or counties in
which the district or cooperative is located, shall establish an
interagency early intervention committee for children with a
disability disabilities under age five and their
families. Members of the committee Committees shall be include
representatives of local and regional health, education, and
county human service agencies; county boards; school boards;
early childhood family education programs; parents of young
children with disabilities under age twelve; current service
providers; parents of young children with a disability; and may
also include representatives from other private or public
agencies. The committee shall elect a chair from among its
members and shall meet at least quarterly.
(b) The committee shall perform develop and implement
interagency policies and procedures concerning the following
ongoing duties:
(1) identify current services and funding being provided
within the community for children with a disability under the
age of five and their families develop public awareness systems
designed to inform potential recipient families of available
programs and services;
(2) implement interagency child find systems designed to
actively seek out, identify, and refer infants and young
children with, or at risk of, disabilities and their families;
(3) establish and evaluate the identification, referral,
child and family assessment systems, procedural safeguard
process, and community learning systems to recommend, where
necessary, alterations and improvements;
(3) facilitate (4) assure the development of individualized
family service plans for all eligible infants and toddlers with
disabilities from birth through age two, and their families, and
individual education plans and individual service plans when
necessary to appropriately serve children with a disability
under the age of five disabilities, age three and older, and
their families and recommend assignment of financial
responsibilities to the appropriate agencies. Agencies are
encouraged to develop individual family service plans for
children with disabilities, age three and older;
(4) (5) implement a process for assuring that services
involve cooperating agencies at all steps leading to
individualized programs;
(5) review and comment on the early intervention section of
the total special education system for the district and the
county social services plan; and
(6) facilitate the development of a transitional plan if a
service provider is not recommended to continue to provide
services.;
(7) identify the current services and funding being
provided within the community for children with disabilities
under age five and their families; and
(8) develop a plan for the allocation and expenditure of
additional state and federal early intervention funds under
United States Code, title 20, section 1471 et seq. (Part H,
Public Law Number 102-119) and United States Code, title 20,
section 631, et seq. (Chapter I, Public Law Number 89-313).
(c) The local committee shall also:
(1) participate in needs assessments and program planning
activities conducted by local social service, health and
education agencies for young children with disabilities and
their families;
(2) review and comment on the early intervention section of
the total special education system for the district, the county
social service plan, the section or sections of the community
health services plan that address needs of and service
activities targeted to children with special health care needs,
and the section of the maternal and child health special project
grants that address needs of and service activities targeted to
children with chronic illness and disabilities; and
(3) prepare a yearly summary on the progress of the
community in serving young children with disabilities, and their
families, including the expenditure of funds, the identification
of unmet service needs identified on the individual family
services plan and other individualized plans, and local, state,
and federal policies impeding the implementation of this section.
(d) The summary must be organized following a format
prescribed by the commissioner of education and must be
submitted to each of the local agencies and to the state
interagency coordinating council by October 1 of each year.
The departments of education, health, and human
services are encouraged to must provide assistance to the local
agencies in developing cooperative plans for providing services.
Sec. 6. Minnesota Statutes 1992, section 120.17,
subdivision 14, is amended to read:
Subd. 14. [MAINTENANCE OF EFFORT.] A county human services
agency or county board shall continue to provide services set
forth in their county social service agency plan for. The
county human services agency or county board shall serve
children with a disability disabilities under age five, and
their families, or as specified in the individualized family
service plan for children with disabilities, birth through age
two, or the individual service plan of each child. Special
instruction and related services for which a child with a
disability is eligible under this section are not are the
responsibility of the local human services agency or county
school board. It is the joint responsibility of county boards
and school districts boards to coordinate, provide, and pay for
all appropriate services not required under this section in
subdivision 11b and to facilitate payment for services from
public and private sources. School districts and counties are
encouraged to enter into agreements to cooperatively serve and
provide funding for children with a disability under age five
and their families.
Sec. 7. Minnesota Statutes 1992, section 120.17, is
amended by adding a subdivision to read:
Subd. 14a. [LOCAL INTERAGENCY AGREEMENTS.] School boards
and the county board may enter into agreements to cooperatively
serve and provide funding for children with disabilities, under
age five, and their families within a specified geographic area.
The local interagency agreement must address, at a minimum,
the following issues:
(1) responsibilities of local agencies on local interagency
early intervention committees (IEIC's), consistent with
subdivision 12;
(2) assignment of financial responsibility for early
intervention services;
(3) methods to resolve intra-agency and interagency
disputes;
(4) identification of current resources and recommendations
about the allocation of additional state and federal early
intervention funds under the auspices of United States Code,
title 20, section 1471 et seq. (Part H, Public Law Number
102-119) and United State Code, title 20, section 631, et seq.
(Chapter I, Public Law Number 89-313);
(5) data collection; and
(6) other components of the local early intervention system
consistent with Public Law Number 102-119.
Sec. 8. Minnesota Statutes 1992, section 120.17,
subdivision 15, is amended to read:
Subd. 15. [THIRD PARTY PAYMENT.] Nothing in this section
relieves an insurer or similar third party from an otherwise
valid obligation to pay, or changes the validity of an
obligation to pay, for services rendered to a child with a
disability, and the child's family.
Sec. 9. Minnesota Statutes 1992, section 120.17, is
amended by adding a subdivision to read:
Subd. 17. [STATE INTERAGENCY AGREEMENT.] (a) The
commissioners of the departments of education, health, and human
services shall enter into an agreement to implement this section
and Part H, Public Law Number 102-119, and as required by Code
of Federal Regulations, title 34, section 303.523, to promote
the development and implementation of interagency, coordinated,
multidisciplinary state and local early childhood intervention
service systems for serving eligible young children with
disabilities, birth through age two, and their families. The
agreement must be reviewed annually.
(b) The state interagency agreement shall outline at a
minimum the conditions, procedures, purposes, and
responsibilities of the participating state and local agencies
for the following:
(1) membership, roles, and responsibilities of a state
interagency committee for the oversight of priorities and budget
allocations under Part H, Public Law Number 102-119, and other
state allocations for this program;
(2) child find;
(3) establishment of local interagency agreements;
(4) review by a state interagency committee of the
allocation of additional state and federal early intervention
funds by local agencies;
(5) fiscal responsibilities of the state and local
agencies;
(6) intra-agency and interagency dispute resolution;
(7) payor of last resort;
(8) maintenance of effort;
(9) procedural safeguards, including mediation;
(10) complaint resolution;
(11) quality assurance;
(12) data collection; and
(13) other components of the state and local early
intervention system consistent with Public Law Number 102-119.
Written materials must be developed for parents, IEIC's, and
local service providers that describe procedures developed under
this section as required by Code of Federal Regulations, title
34, section 303.
Sec. 10. Minnesota Statutes 1992, section 124.245,
subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] The capital
expenditure facilities aid under section 124.243 and the capital
expenditure equipment aid under section 124.244 for districts
must be adjusted for each pupil, excluding a pupil with a
disability as defined in section 120.03, attending a nonresident
district under sections 120.062, 120.075, 120.0751, 120.0752,
124C.45 to 124C.48, and 126.22. The adjustments must be made
according to this subdivision.
(a) Aid paid to a district of the pupil's residence must be
reduced by an amount equal to the revenue amount per actual
pupil unit of the resident district times the number of pupil
units of pupils enrolled in nonresident districts.
(b) Aid paid to a district serving nonresidents must be
increased by an amount equal to the revenue amount per actual
pupil unit of the nonresident district times the number of pupil
units of nonresident pupils enrolled in the district.
(c) If the amount of the reduction to be made from the aid
of a district is greater than the amount of aid otherwise due
the district, the excess reduction must be made from other state
aids due the district.
Sec. 11. Minnesota Statutes 1992, 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 of one full-time
equivalent teacher for each 45 40 pupils of limited English
proficiency enrolled in the district. Notwithstanding the
foregoing, the state shall pay a portion of the salary of
one-half of a full-time equivalent teacher to a district with 22
20 or fewer pupils of limited English proficiency enrolled. The
portion for a full-time teacher shall be the lesser of 55.2
percent of the salary or $15,320. The portion for a part-time
or limited-time teacher shall be 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. For the
purposes of this subdivision, a teacher includes nonlicensed
personnel who provide direct instruction to students of limited
English proficiency under the supervision of a licensed teacher.
Sec. 12. Minnesota Statutes 1992, section 124.273, is
amended by adding a subdivision to read:
Subd. 2c. [SUPPLY AND EQUIPMENT AID.] Each year the state
shall pay a school district for supplies and equipment purchased
or rented for use in the instruction of pupils of limited
English proficiency an amount equal to 47 percent of the sum
actually spent by the district but not to exceed an average of
$47 in any one school year for each pupil of limited English
proficiency receiving instruction.
Sec. 13. Minnesota Statutes 1992, 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 children
with a disability 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
56.4 percent of the salary or $15,700. The portion for a
part-time or limited-time person shall be an amount not to
exceed the lesser of 56.4 percent of the salary or the product
of $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. 14. Minnesota Statutes 1992, section 124.32,
subdivision 1d, is amended to read:
Subd. 1d. [CONTRACT SERVICES.] For special instruction and
services provided to any pupil by contracting with public,
private, or voluntary agencies other than school districts, in
place of special instruction and services provided by the
district, the state shall pay each district 52 percent of the
difference between the amount of the contract and the basic
revenue of the district for that pupil for the amount of time
fraction of the school day the pupil receives services under the
contract. For special instruction and services provided to any
pupil by contracting for services with public, private, or
voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the
school district, the state shall pay each district 52 percent of
the amount of the contract for that pupil.
Sec. 15. Minnesota Statutes 1992, section 124.32, is
amended by adding a subdivision to read:
Subd. 1f. [ESSENTIAL PERSONNEL.] For the purposes of this
section and section 124.321, essential personnel means teachers,
related services and support services staff providing direct
services to students.
Sec. 16. Minnesota Statutes 1992, section 124.32, is
amended by adding a subdivision to read:
Subd. 12. [ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of this section, a special
education cooperative or an intermediate district shall allocate
its approved expenditures for special education programs among
participating school districts. Special education aid for
services provided by a cooperative or intermediate district
shall be paid to the participating school districts.
Sec. 17. Minnesota Statutes 1992, section 124.321,
subdivision 1, is amended to read:
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 68 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 68 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 68 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 124.321 124.322, 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 124.322, subdivision 4, shall not receive
levy equalization revenue under clause (1) or subdivision 2,
clause (1), for the same fiscal year.
Sec. 18. Minnesota Statutes 1992, section 124.321,
subdivision 2, is amended to read:
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 68 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 68 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 68 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 68 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.
Sec. 19. Minnesota Statutes 1992, section 124.322, is
amended by adding a subdivision to read:
Subd. 1a. [DEFINITIONS.] In this section, the definitions
in this subdivision apply.
(a) "Base revenue" means the following:
(1) for the first fiscal year after approval of the
district's application, base revenue means the sum of the
district's revenue for the preceding fiscal year for its special
education program under sections 124.32, subdivisions 1b, 1d, 2,
5, and 10, and 124.321, subdivision 1;
(2) for the second fiscal year after approval of a
district's application, base revenue means the sum of the
district's revenue for the second prior fiscal year for its
special education program under sections 124.32, subdivisions
1b, 1d, 2, 5, and 10, and 124.321, subdivision 1; and
(3) for the third fiscal year after approval of a
district's application, and thereafter, base revenue means the
sum of the revenue a district would have been entitled to in the
second prior fiscal year for its special education program under
sections 124.32, subdivisions 1b, 1d, 2, 5, and 10, and 124.321,
subdivision 1, based on activities defined as reimbursable under
state board rules for special education and nonspecial education
students, and additional activities as detailed and approved by
the commissioner of education.
(b) "Base aid" means the following:
(1) for the first fiscal year after approval of a
district's application, base aid means the sum of the district's
gross aid for the preceding fiscal year for its special
education program under section 124.32, subdivisions 1b, 1d, 2,
5, and 10;
(2) for the second fiscal year after approval of a
district's application, base aid means the sum of the district's
gross aid for the second prior fiscal year for its special
education program under section 124.32, subdivisions 1b, 1d, 2,
5, and 10; and
(3) for the third fiscal year after approval of a
district's application and thereafter, base aid means the sum of
the gross aid the district would have been entitled to in the
second prior fiscal year for its special education program under
section 124.32, subdivisions 1b, 1d, 2, 5, and 10, based on
activities defined as reimbursable under state board of
education rules for special education and nonspecial education
students, and additional activities as detailed and approved by
the commissioner of education in the application plan.
(c) Notwithstanding paragraphs (a) and (b), base revenue
and base aid for 1995 and later fiscal years must not include
revenue and aid under section 124.32, subdivision 5.
(d) "Alternative delivery revenue inflator" means:
(1) For the first fiscal year after approval of a
district's application, the greater of 1.017 or the ratio of (i)
the statewide average special education revenue under sections
124.32 and 124.321 per pupil in average daily membership for the
current fiscal year, to (ii) the statewide average special
education revenue per pupil in average daily membership for the
previous fiscal year.
(2) For the second and later fiscal years, the greater of
1.034 or the ratio of (i) the statewide average special
education revenue under sections 124.32 and 124.321 per pupil in
average daily membership for the current fiscal year, to (ii)
the statewide average special education revenue per pupil in
average daily membership for the second prior fiscal year.
(e) The commissioner of education shall adjust each
district's base revenue and base aid to reflect any changes in
special education services required by rule or statute.
Sec. 20. Minnesota Statutes 1992, section 124.322,
subdivision 2, is amended to read:
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
section 124.32, subdivisions 1b, 2, 5, and 10, and Minnesota
Statutes 1990, section 275.125, subdivision 8c, or section
124.321, subdivisions 1 and 2, as applicable, district's
alternative delivery revenue equals its base revenue multiplied
by 1.03 the product of the alternative delivery revenue inflator
times the ratio of the district's average daily membership for
the current fiscal year to the district's average daily
membership for the immediately preceding fiscal year. 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. For the second and later fiscal years a district's
alternative delivery revenue equals its base revenue multiplied
by the product of the alternative delivery revenue inflator
times the ratio of the district's average daily membership for
the current fiscal year to the district's average daily
membership for the second preceding fiscal year.
Sec. 21. Minnesota Statutes 1992, section 124.322,
subdivision 3, is amended to read:
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, district's
alternative delivery aid equals its base aid multiplied by 1.03
the product of 1.017 times the ratio of the district's average
daily membership for the current fiscal year to the district's
average daily membership for the preceding fiscal year. For the
second and later fiscal years a district's alternative delivery
aid equals its base aid multiplied by the product of 1.034 times
the ratio of the district's average daily membership for the
current fiscal year to the district's average daily membership
for the second preceding fiscal year. 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, 1d, 2, 5, and
10, for the same fiscal year.
Sec. 22. Minnesota Statutes 1992, section 124.322,
subdivision 4, is amended to read:
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 124.321, subdivision 1, for purposes
of computing the special education levy under section 124.321,
subdivision 3, and the special education levy equalization aid
under section 124.321, subdivision 4.
Sec. 23. [124.323] [SPECIAL EDUCATION EXCESS COST AID.]
Subdivision 1. [DEFINITIONS.] In this section, the
definitions in this subdivision apply.
(a) "Unreimbursed special education cost" means the sum of
the following:
(1) expenditures for teachers' salaries, contracted
services, supplies, and equipment eligible for revenue under
sections 124.32, subdivisions 1b, 1d, 2, and 10, and 124.322,
subdivision 2; plus
(2) expenditures for tuition bills received under section
120.17; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under sections 124.32, subdivisions 1b,
1d, 2, and 10; 124.321, subdivision 1, clause (1); and 124.322,
subdivision 2; minus
(4) tuition receipts under section 120.17.
(b) "General revenue" means the sum of the general
education revenue according to section 124A.22, subdivision 1,
plus the total referendum revenue according to section 124A.03,
subdivision 1e.
Subd. 2. [EXCESS COST AID.] For 1995 and later fiscal
years, a district's special education excess cost aid equals the
product of:
(1) 70 percent of the difference between (i) the district's
unreimbursed special education cost per actual pupil unit and
(ii) six percent of the district's general revenue per actual
pupil unit, times
(2) the district's actual pupil units for that year.
Sec. 24. Minnesota Statutes 1992, section 124.573,
subdivision 2b, is amended to read:
Subd. 2b. [SECONDARY VOCATIONAL AID.] A district's or
cooperative center's "secondary vocational aid" for secondary
vocational education programs for a 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) 40 percent of approved expenditures for the following:
(1) salaries paid to essential, licensed personnel
providing direct instructional services to students in that
fiscal year for services rendered in the district's approved
secondary vocational education programs;
(2) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under subdivision 3a;
(2) (3) necessary travel between instructional sites by
licensed secondary vocational education personnel;
(3) (4) necessary travel by licensed secondary vocational
education personnel for vocational student organization
activities held within the state for instructional purposes;
(4) (5) curriculum development activities that are part of
a five-year plan for improvement based on program assessment;
(5) (6) necessary travel by licensed secondary vocational
education personnel for noncollegiate credit bearing
professional development; and
(6) (7) specialized vocational instructional supplies.
Sec. 25. Minnesota Statutes 1992, section 124.573, is
amended by adding a subdivision to read:
Subd. 2e. [ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of subdivision 2b,
paragraph (b), a cooperative center or an intermediate district
shall allocate its approved expenditures for secondary
vocational education programs among participating school
districts.
Sec. 26. Minnesota Statutes 1992, section 124.574,
subdivision 2b, is amended to read:
Subd. 2b. [SALARIES.] (a) Each year the state shall pay to
any district or cooperative center a portion of the salary of
each essential licensed person who provides direct instructional
services to students, employed during that fiscal year for
services rendered in that district or center's district's
secondary vocational education programs for children with a
disability.
(a) For fiscal year 1992, the portion for a full-time
person shall be an amount not to exceed the lesser of 56.4
percent of the salary or $15,700. The portion for a part-time
or limited-time person shall be the lesser of 56.4 percent of
the salary or the product of $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. 27. Minnesota Statutes 1992, section 124.574, is
amended by adding a subdivision to read:
Subd. 4a. [ADDITIONAL AID.] A school district may contract
with another Minnesota school district or cooperative center for
vocational evaluation services for children with a disability
for children that are not yet enrolled in grade 12. The state
shall pay the school district an amount equal to 52 percent of
the amount of the contract for that pupil. The contracts must
be approved by the commissioner.
Sec. 28. Minnesota Statutes 1992, section 124.574, is
amended by adding a subdivision to read:
Subd. 9. [ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of this section, a
cooperative center or an intermediate district shall allocate
its approved expenditures for secondary vocational programs for
children with a disability among participating school
districts. Aid for secondary vocational programs for children
with a disability for services provided by a cooperative or
intermediate district shall be paid to the participating school
districts.
Sec. 29. Minnesota Statutes 1992, section 124A.036,
subdivision 5, is amended to read:
Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
education aid for districts must be adjusted for each pupil,
excluding a pupil with a disability as defined in section 120.03
or a pupil without a disability as defined by section 120.181,
attending a nonresident district under sections 120.062,
120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22.
The adjustments must be made according to this subdivision.
(a) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory revenue attributable to the pupil in
the resident district.
(b) General education aid paid to a district serving a
pupil in programs listed in this subdivision shall be increased
by an amount equal to the general education revenue exclusive of
compensatory revenue attributable to the pupil in the
nonresident district.
(c) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
(d) The district of residence shall pay tuition to a
district or an area learning center, operated according to
paragraph (e), providing special instruction and services to a
pupil with a disability, as defined in section 120.03, or a
pupil, as defined in section 120.181, who is enrolled in a
program listed in this subdivision. The tuition shall be equal
to (1) the actual cost of providing special instruction and
services to the pupil, including a proportionate amount for debt
service and for capital expenditure facilities and equipment,
and debt service but not including any amount for
transportation, minus (2) the amount of general education aid,
the amount of capital expenditure facilities aid and capital
expenditure equipment aid received under section 124.245,
subdivision 6, and special education aid, attributable to that
pupil, that is received by the district providing special
instruction and services.
(e) An area learning center operated by an educational
cooperative service unit, intermediate district, education
district, or a joint powers cooperative may elect through the
action of the constituent boards to charge tuition for pupils
rather than to calculate general education aid adjustments under
paragraph (a), (b), or (c). The tuition must be equal to the
greater of the average general education revenue per pupil unit
attributable to the pupil, or the actual cost of providing the
instruction, excluding transportation costs, if the pupil meets
the requirements of section 120.03 or 120.181.
Sec. 30. Minnesota Statutes 1992, section 125.189, is
amended to read:
125.189 [LICENSURE REQUIREMENTS.]
In addition to other requirements, The board of teaching
will review and determine appropriate licensure requirements for
a candidate for a license or an applicant for a continuing
license to teach hearing-impaired deaf and hard of hearing
students in kindergarten prekindergarten through grade 12. In
addition to other requirements, a candidate must demonstrate the
minimum level of proficiency in American sign language as
determined by the Quality Assurance Systems Project of the
department of education board.
Sec. 31. Minnesota Statutes 1992, section 128B.10,
subdivision 1, is amended to read:
Subdivision 1. [EXTENSION.] This chapter is repealed July
1, 1993 1995.
Sec. 32. [ASL GUIDELINES.]
(a) In determining appropriate licensure requirements for
teachers of deaf and hard of hearing students under Minnesota
Statutes, section 125.189, the board of teaching shall develop
the requirements according to the guidelines described in this
section.
(b) Each teacher must complete the American sign language
sign communication proficiency interview or a comparable
American sign language evaluation that the board of teaching,
the Minnesota association of deaf citizens, and the Minnesota
council for the hearing impaired accept as a means for
establishing the teacher's baseline level of American sign
language skills. A teacher shall not be charged for this
evaluation.
(c) Each teacher must complete 60 continuing education
credits in American sign language, American sign language
linguistics, or deaf culture for every 120 continuing education
credits the teacher is required to complete to renew a teaching
license.
(d) As a condition of obtaining an initial license to teach
deaf and hard of hearing students, a person must demonstrate in
the sign communication proficiency interview an intermediate
plus level of proficiency in American sign language.
(e) Each teacher applying to renew a teaching license and
each teacher holding a teaching license from another state who
wishes to apply for a Minnesota teaching license must take the
American sign language sign communication proficiency interview
or a comparable American sign language evaluation every five
years until the teacher demonstrates a minimum, or survival
plus, level of proficiency in American sign language.
(f) A teacher working directly with students whose primary
language is American sign language should demonstrate at least
an advanced level of proficiency in American sign language. The
board should not consider a minimum, or survival plus, level of
proficiency adequate for providing direct instruction to
students whose primary language is American sign language.
(g) To renew a teaching license, a teacher must comply with
paragraphs (c) and (e) in addition to other applicable board
requirements. A teacher's ability to demonstrate a minimum, or
survival plus, level of proficiency in American sign language is
not a condition for renewing the teacher's license.
(h) A teacher who demonstrates an increased proficiency in
American sign language skill in the American sign language sign
communication proficiency interview or a comparable American
sign language evaluation shall receive credit toward completing
the requirements of paragraph (c). The number of continuing
education credits the teacher receives is based on the teacher's
increased level of proficiency from the teacher's baseline level:
(1) 35 continuing education credits for demonstrating an
intermediate level of proficiency;
(2) 40 continuing education credits for demonstrating an
intermediate plus level of proficiency;
(3) 45 continuing education credits for demonstrating an
advanced level of proficiency;
(4) 50 continuing education credits for demonstrating an
advanced plus level of proficiency;
(5) 55 continuing education credits for demonstrating a
superior level of proficiency; and
(6) 60 continuing education credits for demonstrating a
superior plus level of proficiency.
Sec. 33. [DEVELOPING GREATER FLEXIBILITY IN DELIVERING
SPECIAL EDUCATION SERVICES.]
Subdivision 1. [PURPOSE; AUTHORIZATION.] In an effort to
change the overall emphasis in special education from complying
with laws and rules to also improving educational opportunities
for a wide range of students, including those who are disabled,
those for whom English is a second language, and those with
unique learning styles, a pilot project is established to permit
independent school district No. 625, St. Paul, to develop and
implement an integrated service model for delivering special
education services and programs to eligible students under
Minnesota Statutes, section 120.17, and alternative delivery of
specialized instructional services under Minnesota Statutes,
section 120.173. As part of the pilot project, the state board
of education shall waive those state special education rules the
district includes in its approved plan to implement the
integrated service model if the district complies with the
requirements in subdivision 2. In developing and implementing
the integrated service model, the district must adhere to the
intent of each rule for which it seeks a waiver and the
procedural and substantive protections afforded eligible and
low-performing students under law. Nothing in this section
shall be construed to permit the waiver of any provision
required under federal law.
Subd. 2. [PROJECT REQUIREMENTS.] (a) To participate in the
pilot project, the district must:
(1) notify the commissioner of education, the state board
of education, and the advisory council under paragraph (c) by
June 15, 1993, of its intent to develop and implement an
integrated service model for delivering special education
services and programs to eligible and low-performing students
that complies with all applicable federal rules and the outcomes
of all state rules governing the delivery of special education;
(2) complete by November 30, 1993, with assistance from the
commissioner as described in paragraph (b) and the advisory
council in paragraph (c), a proposed plan for realizing an
integrated service model, which includes a description of each
applicable federal and state rule and the approach the district
will use to effect that rule;
(3) include in the proposed plan measures to protect
students' civil rights, provide equal educational opportunities,
and prohibit discrimination as required under state and federal
law;
(4) receive approval from the advisory council in paragraph
(c) and the local school board for the proposed plan by December
31, 1993, and file a copy of the approved plan with the
commissioner;
(5) begin in-service training of district personnel on
February 1, 1994, to ensure that the district complies with all
applicable federal regulations governing the delivery of special
education; and
(6) implement the integrated service model beginning July
1, 1994.
(b) If the St. Paul school district indicates its intent to
develop an integrated service model under paragraph (a), clause
(1), the commissioner shall assist the district beginning August
1, 1993, in developing its plan to realize the integrated
service model by:
(1) providing technical assistance through the state
department of education; and
(2) using discretionary funds under Public Law Number
101-476 to contract for technical assistance as needed.
(c) The district must establish an advisory council for the
pilot project that reflects the demographic composition of the
district and is composed of members of existing special
education-related committees, parents of eligible students with
varying disabilities and of different ages enrolled in the
district, one local representative of advocacy agencies, and
district personnel affected by this section. Parents shall
compose the majority of council members. The district must
continuously consult with the advisory council on planning,
delivering, and modifying the district's special education
programs and services.
(d) The district shall not seek a variance to a special
education rule from the state board of education under Minnesota
Statutes, section 121.11, subdivision 12, during the term of the
project. This prohibition does not include any rule waived
under subdivision 1.
Subd. 3. [EVALUATION.] Upon implementing the integrated
service model, the district, with technical assistance provided
or contracted for by the commissioner, must annually evaluate
the programmatic outcomes and financial efficiency of the model
over at least a four-year period. The district must address in
its evaluation the seven points listed in Minnesota Statutes,
section 120.173, subdivision 3, and document parents' responses
to the model. The district must submit to the education
committees of the legislature a progress report by February 1,
1997, and a final report by February 1, 1999, on the efficacy of
the model.
Sec. 34. [FISCAL REPORTS; AUTHORIZATION REQUIRED.]
(a) The commissioner of education shall contract with an
independent consultant outside of state or local government for
a study of the short- and long-term fiscal impact to state and
local governments of providing a comprehensive and coordinated
system of services to infants and young children with
disabilities, from birth to age two, and their families under
United States Code, title 20, sections 1471 through 1485. The
commissioner shall submit a report on the results of the study
to the education committees of the legislature by January 15,
1994. At a minimum, the study shall include an estimate of the
number of infants and young children from birth to age two
eligible for services through the year 2000; the estimated
average cost for services per eligible child and the child's
family; the anticipated total additional annual cost to state
and local governments through the year 2000 of fully
implementing year 5 services; the anticipated amount of
additional federal early intervention funds available to the
state under United States Code, title 20, section 1471 et. seq.,
and United States Code, title 20, section 631 et seq.; what
definition of eligibility the education department proposes to
adopt; what the major components affecting the costs of
participation will be; the estimated costs of intake,
evaluation, assessment, monitoring, and program planning through
the year 2000 for a fully implemented year 5 program; the
estimated costs of child find, public awareness, complaints and
due process procedures, data management information systems,
state level supervision and monitoring, interagency
collaboration, local planning and coordination, technical
assistance, personnel standards and development, and surrogate
parent programs for a fully implemented year 5 program; and an
inventory of current expenditures by county boards, school
boards, and other local services providers for services provided
under Minnesota Statutes, section 120.17, subdivision 11b,
including social work, nursing, nutrition, vision, and
transportation services, assistive technology, parent-to-parent
support, and respite care. The cost of the contract shall not
exceed $75,000 and shall be paid for from revenue received from
federal grants for regular special education central
administration and state initiated discretionary projects.
(b) The state department of education may not apply to the
secretary of education under United States Code, title 20,
section 1471, et seq. (Part H, Public Law Number 102-119) to
participate in the fifth or any succeeding fiscal year of the
federal Part H program contained in the Individuals with
Disabilities Education Act until specifically authorized by law
to do so or until after April 1, 1994, whichever comes first.
Sec. 35. [TASK FORCE ON EDUCATION FOR CHILDREN WITH
DISABILITIES.]
Subdivision 1. [ESTABLISHMENT.] A task force to review the
state's special education rules is established to recommend to
the legislature changes that can be made to simplify the rules
while ensuring that the rules meet applicable federal
requirements and support the state's interest in education
outcomes.
Subd. 2. [MEMBERSHIP.] The task force on education for
children with disabilities consists of 15 members appointed by
the commissioner of education. The membership shall include
parents of children with disabilities, students with
disabilities, special education teachers and general education
teachers, school administrators, special education directors,
representatives of higher education, representatives of advocacy
organizations for children with disabilities, and no more than
one representative of state government. At least five members
shall be parents of children with disabilities or
representatives of advocacy groups. One member shall be a
student with a disability.
Subd. 3. [DUTIES.] The task force established under
subdivisions 1 and 2 shall review the educational needs of
children with disabilities and the current system of services,
including the state and federal regulatory scheme and associated
costs, and recommend ways to remove barriers to effective
education and improve measurable learner outcomes. The task
force shall make recommendations to:
(1) reduce paperwork and other administrative burdens on
classroom teachers to increase the amount of time they spend
educating students;
(2) improve access to effective education for children with
disabilities by increased coordination of special and general
education services, including staff development programs;
(3) assure that education for children with disabilities is
outcome-based while maintaining due process protections for
students and their families;
(4) eliminate duplication in the regulatory scheme; and
(5) state the outcomes of the state's special education
rules.
Subd. 4. [STAFF SUPPORT.] The department of education and
any other state agency shall provide information and other
assistance requested by the task force.
Subd. 5. [ADMINISTRATIVE RULES.] To accommodate the task
force's review of the state's special education rules, and
notwithstanding Minnesota Statutes, section 121.11, subdivision
12, or any other law to the contrary, the state board of
education shall not adopt, amend, or repeal a special education
rule until June 1, 1994, unless compelled by a newly enacted or
adopted federal requirement.
Subd. 6. [REPORT.] The task force shall submit its
recommendations for simplifying the state's special education
rules to the education committees of the legislature by February
1, 1994.
Sec. 36. [ALTERNATIVE DELIVERY OF SPECIAL EDUCATION
SERVICES AND PROGRAMS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE; GOAL.] A
three-year pilot project is established to permit 11 school
districts and one rural special education cooperative selected
by the commissioner of education to use an alternative process
for delivering certain special education services and programs
to eligible students under Minnesota Statutes, section 120.17.
The purpose of the project is to explore, in a deliberate way,
effective alternatives to the special education rules listed in
subdivision 3 while adhering to the intent of the rules and the
procedural and substantive protections afforded eligible
students under law. The ultimate goal of the project is to
improve the instructional services and educational outcomes and
opportunities available to eligible students and the cost
effectiveness of the services and programs. Nothing in this
section shall be construed to permit the waiver of any provision
required under federal law.
Subd. 2. [ELIGIBILITY; APPLICATIONS.] (a) The commissioner
shall make application forms available to school districts
interested in exploring effective alternatives for delivering
certain special education services and programs as described in
this section. Interested school districts must have their
application to participate in the project approved by their
local school board after a public hearing on the matter.
Applications must be submitted to the commissioner by January 1,
1995. The application must describe how the applicant proposes
to realize the purpose and goal of the project, including what
activities and procedures the applicant proposes and whether the
applicant seeks to be exempted from Minnesota Rules, part
3525.1341. The commissioner may require additional information
of an applicant. The commissioner shall approve 12 applications
before March 1, 1995. The commissioner shall ensure an
equitable geographical distribution of project participants
throughout the state.
(b) The commissioner shall make available to school
districts interested in applying to participate in the project
discretionary funds under Public Law Number 101-476 to allow the
districts to cover the costs of convening their advisory council
members under subdivision 6 to assist in developing an
application under this subdivision.
Subd. 3. [EXEMPTIONS.] (a) All school districts
participating in the project are exempt from the following
special education rules through the 1997-1998 school year:
(1) Minnesota Rules, part 3525.1335;
(2) Minnesota Rules, part 3525.2335;
(3) Minnesota Rules, part 3525.2750; and
(4) Minnesota Rules, part 3525.2925, subparts 2, item B, 4,
5, 6, 7, and 9.
(b) After reviewing the applications of the district
selected to participate in the project, the commissioner shall
exempt six of the 12 project participants from Minnesota Rules,
part 3525.1341.
(c) During the term of the project, participating school
districts exempt from the rules listed in this subdivision must
adhere to the intent of the rules and the procedural and
substantive safeguards afforded eligible students under the law.
(d) School districts participating in the pilot projects
shall not seek a variance to a special education rule from the
state board of education under Minnesota Statutes, section
121.11, subdivision 12, during the term of the project. This
prohibition does not include the rules listed in subdivision 3.
Subd. 4. [STUDENTS' RIGHTS.] School districts
participating in the project must individually evaluate eligible
students enrolled in the district to determine the students'
levels of performance. Eligible students are entitled to the
procedural protections provided under Public Law Number 101-476
in any matter that affects the students' identification,
evaluation, placement, or change in placement, and protections
provided under Minnesota Statutes, sections 127.26 to 127.39, in
a dismissal proceeding that may result in students' suspension,
exclusion, or expulsion. Participating school districts must
ensure the protection of students' 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 project.
Subd. 5. [TECHNICAL ASSISTANCE.] The commissioner, through
the office of compliance and monitoring, shall provide technical
assistance to the project participants. In addition, the
commissioner shall use discretionary funds available under
Public Law Number 101-476 to contract for technical assistance
from an independent evaluator in the field of special education
to assist project participants in developing and implementing a
valid and uniform procedure to evaluate their alternative
delivery process.
Subd. 6. [ADVISORY COMMITTEE.] Each project participant
shall have an advisory council that reflects the demographic
composition of the local community and is composed of members of
existing special education-related committees, parents of
eligible students with varying disabilities and of different
ages enrolled in a participating district, one local
representative of advocacy organizations, and district personnel
in the field of special education who are potentially affected
by the rule exemptions under subdivision 3. Participants that
are exempt, or school districts seeking to be exempt under
subdivision 2, paragraph (b), from Minnesota Rules, part
3525.1314, must include on the council either a parent of a
student with a specific learning disability or a local
representative of an organization that advocates on behalf of
students with specific learning disabilities. Parents shall
compose a majority of council members. The council shall advise
the district on planning, delivering, and modifying special
education programs and services under this section. The council
must approve the district's application to participate in the
project before it is submitted to the local school board for
approval under subdivision 2. If a project participant is
unable to have members of existing special education-related
committees on the council, it shall include on the council
additional parents of eligible students.
Subd. 7. [EVALUATION; REPORT.] (a) The commissioner shall
use the discretionary funds available under Public Law Number
101-476 to contract with an independent evaluator for technical
assistance to develop a uniform evaluation procedure for all
participants to use to complete a formative and summative
evaluation of their experiences in delivering special education
services and programs under this section. Participants shall
work with the independent evaluator to focus the evaluation on
the overall efficacy of the alternative delivery process,
including the extent to which the educational outcomes and
opportunities of eligible students are improved. The evaluation
must include a mechanism for documenting parents' responses to
the project. Project participants shall each select one member
of their advisory council to meet together periodically with the
independent evaluator to evaluate the participants' progress.
Project participants, in consultation with their advisory
council, shall use the interim evaluations and the responses of
affected parents to the alternative delivery process to modify
the process where appropriate.
(b) Each project participant shall submit to the
commissioner a progress report by September 1, 1996, and a final
report by January 1, 1998, evaluating the cost effectiveness of
the services and programs of its alternative delivery process.
The commissioner shall compile the results of the reports to
present to the education committees of the legislature by March
1, 1998. When presenting the reports, the commissioner, after
consulting with the independent evaluator, shall recommend
appropriate amendments to the rules listed in subdivision 3.
Sec. 37. [REALLOCATION.]
Any funds saved through the flexibility in special
education service delivery authorized by this article must be
reallocated by the district for the benefit of students with
special education needs in the district.
Sec. 38. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
or other named 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:
$176,257,000 ..... 1994
$186,649,000 ..... 1995
The 1994 appropriation includes $25,087,000 for 1993 and
$151,170,000 for 1994.
The 1995 appropriation includes $26,677,000 for 1994 and
$159,972,000 for 1995.
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:
$318,000 ..... 1994
$337,000 ..... 1995
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:
$4,472,000 ..... 1994
$4,530,000 ..... 1995
The 1994 appropriation is for 1993 summer programs.
The 1995 appropriation is for 1994 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:
$124,000 ..... 1994
$159,000 ..... 1995
The 1994 appropriation includes $10,000 for 1993 and
$114,000 for 1994.
The 1995 appropriation includes $19,000 for 1994 and
$140,000 for 1995.
Subd. 6. [RESIDENTIAL FACILITIES AID.] For residential
facilities aid under Minnesota Statutes, section 124.32,
subdivision 5:
$2,616,000 ..... 1994
$.. -0- .. ..... 1995
Subd. 7. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid according to Minnesota Statutes, section 124.322:
$..-0-.. ..... 1994
$5,555,000 ..... 1995
The 1995 appropriation includes $..-0-.. for 1994 and
$5,555,000 for 1995.
Subd. 8. [LIMITED ENGLISH PROFICIENCY PUPILS PROGRAM AID.]
For aid to educational programs for pupils of limited English
proficiency according to Minnesota Statutes, section 124.273:
$5,529,000 ..... 1994
$6,228,000 ..... 1995
The 1994 appropriation includes $600,000 for 1993 and
$4,929,000 for 1994.
The 1995 appropriation includes $870,000 for 1994 and
$5,358,000 for 1995.
$106,000 in fiscal year 1994 and $124,000 in fiscal year
1995 are for supplies and equipment for limited English
proficiency instruction according to section 12.
Subd. 9. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For American Indian post-secondary preparation grants
according to Minnesota Statutes, section 124.481:
$857,000 ..... 1994
$857,000 ..... 1995
Any balance in the first year does not cancel but is
available in the second year.
Subd. 10. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
For grants to American Indian language and culture education
programs according to Minnesota Statutes, section 126.54,
subdivision 1:
$591,000 ..... 1994
$591,000 ..... 1995
The 1994 appropriation includes $88,000 for 1993 and
$503,000 for 1994.
The 1995 appropriation includes $88,000 for 1994 and
$503,000 for 1995.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 11. [SECONDARY VOCATIONAL; STUDENTS WITH
DISABILITIES.] For aid for secondary vocational education for
pupils with disabilities according to Minnesota Statutes,
section 124.574:
$4,015,000 ..... 1994
$3,933,000 ..... 1995
The 1994 appropriation includes $684,000 for 1993 and
$3,331,000 for 1994.
The 1995 appropriation includes $588,000 for 1994 and
$3,345,000 for 1995.
Subd. 12. [ASSURANCE OF MASTERY.] For assurance of mastery
aid according to Minnesota Statutes, section 124.311:
$12,949,000 ..... 1994
$13,163,000 ..... 1995
The 1994 appropriation includes $1,904,000 for 1993 and
$11,045,000 for 1994.
The 1995 appropriation includes $1,948,000 for 1994 and
$11,215,000 for 1995.
Subd. 13. [INDIVIDUALIZED LEARNING AND DEVELOPMENT AID.]
For individualized learning and development aid according to
Minnesota Statutes, section 124.331:
$2,485,000 ..... 1994
The 1994 appropriation includes $2,485,000 for 1993.
Subd. 14. [SPECIAL PROGRAMS EQUALIZATION AID.] For special
education levy equalization aid according to Minnesota Statutes,
section 124.321:
$14,210,000 ..... 1994
$16,867,000 ..... 1995
The 1994 appropriation includes $1,626,000 for 1993 and
$12,584,000 for 1994.
The 1995 appropriation includes $2,221,000 for 1994 and
$14,646,000 for 1995.
Subd. 15. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships according to Minnesota Statutes, section
124.48:
$1,600,000 ..... 1994
$1,600,000 ..... 1995
Any unexpended balance remaining in the first year does not
cancel but is available in the second year.
Subd. 16. [AMERICAN INDIAN EDUCATION.] (a) For certain
American Indian education programs in school districts:
$175,000 ..... 1994
$175,000 ..... 1995
The 1994 appropriation includes $26,000 for 1993 and
$149,000 for 1994.
The 1994 appropriation includes $26,000 for 1994 and
$149,000 for 1995.
(b) These appropriations are available for expenditure with
the approval of the commissioner of the department of education.
(c) 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.
(d) 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 must be spent only for
the benefit of American Indian pupils and to meet established
state educational standards or statewide requirements.
(e) Before a district or school can receive money under
this subdivision, the district or school must submit, to the
commissioner, evidence that it has complied with the uniform
financial accounting and reporting standards act, Minnesota
Statutes, sections 121.90 to 121.917.
Subd. 17. [INDIAN TEACHER PREPARATION GRANTS.] (a) For
joint grants to assist Indian people to become teachers:
$190,000 ..... 1994
$190,000 ..... 1995
(b) Initially, $70,000 each year is for a joint grant to
the University of Minnesota at Duluth and the Duluth school
district.
(c) Initially, $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.
(d) Money not used for students at one location may be
transferred for use at another location.
(e) Any unexpended balance remaining the first year does
not cancel but is available in the second year.
Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid according to Minnesota Statutes, section 124.86:
$374,000 ..... 1994
$457,000 ..... 1995
The 1994 appropriation includes $..-0-.. for 1993 and
$374,000 for 1994.
The 1995 appropriation includes $66,000 for 1994 and
$391,000 for 1995.
If the 1994 appropriation is not sufficient, the amount
must be allocated to eligible schools in the same proportion as
the 1993 appropriation.
Subd. 19. [EARLY CHILDHOOD PROGRAMS AT TRIBAL
SCHOOLS.] For early childhood family education programs at
tribal contract schools:
$68,000 ..... 1994
$68,000 ..... 1995
Subd. 20. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid according to Minnesota
Statutes, section 124.573:
$12,079,000 ..... 1994
$13,244,000 ..... 1995
The 1994 appropriation includes $1,811,000 for 1993 and
$10,268,003 for 1994.
The 1995 appropriation includes $1,811,000 for 1994 and
$11,433,000 for 1995.
Subd. 21. [ADVISORY COUNCIL COSTS.] For the costs to
project participants of convening their advisory council members
during the term of the pilot project under section 15:
$15,000 ..... 1994
Subd. 22. [TEACHER EDUCATION; HEARING IMPAIRED.] To assist
school districts in greater Minnesota in educating teachers in
American sign language, American sign language linguistics, and
deaf culture as required under section 11, clause (c):
$25,000 ..... 1994
This appropriation is available until June 30, 1995.
Subd. 23. [PROFICIENCY EVALUATION.] To evaluate teachers'
baseline level of proficiency in American sign language under
section 11, clause (b):
$24,000 ..... 1994
The appropriation is available until June 30, 1995.
Sec. 39. [LCC FOR SPECIAL EDUCATION RULES REVIEW TASK
FORCE.]
$15,000 is appropriated from the general fund to the
legislative coordinating commission for the purposes of the
section establishing a task force to review the state's special
education rules. This appropriation expires February 15, 1994.
Sec. 40. [REPEALER.]
Minnesota Statutes 1992, section 124.32, subdivision 5, is
repealed effective July 1, 1994. Minnesota Statutes 1992,
sections 124.331; 124.332; 124.333; and 124.573, subdivisions 2c
and 2d, are repealed effective July 1, 1993.
Sec. 41. [EFFECTIVE DATE.]
Sections 10 and 29 are effective beginning with the
1992-1993 school year.
Section 33 is effective the day after final enactment and
applies through the 1998-1999 school year if the St. Paul school
district complies with the requirements in section 33,
subdivision 2.
Section 36 is effective the day following final enactment
and applies to participating school districts through the
1996-1997 school year.
Section 32, clause (b), is effective June 30, 1994, and
section 32, clauses (c) and (d), are effective June 30, 1995.
Section 35 is effective the day after final enactment and
shall remain in effect until February 15, 1994, except that
subdivision 5 shall remain in effect until June 1, 1994.
ARTICLE 4
COMMUNITY PROGRAMS
Section 1. Minnesota Statutes 1992, section 3.873,
subdivision 4, is amended to read:
Subd. 4. [STAFF.] The legislative coordinating commission
shall supply the commission with the necessary staff, office
space, and administrative services. The commission may use
existing legislative staff to provide legal counsel, research,
fiscal, secretarial, and clerical assistance.
Sec. 2. Minnesota Statutes 1992, section 3.873,
subdivision 5, is amended to read:
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) The secretary of the senate and the chief clerk of the
house shall provide the commission with a copy of each bill
introduced in the legislature concerning children, youth, and
their families.
(d) 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) (e) 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) (f) To facilitate coordination between executive and
legislative authorities, the governor shall appoint a person to
act as liaison between the commission and the governor shall
meet with the children's cabinet.
Sec. 3. Minnesota Statutes 1992, section 3.873,
subdivision 6, is amended to read:
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 Laws 1991, chapter
265, article 6, section 64. The commission shall report its
final recommendations under this subdivision and subdivision 7,
paragraph (a), by January 1, 1993 1994. The commission shall
submit a an annual progress report by January 1, 1992 of each
year.
Sec. 4. Minnesota Statutes 1992, section 3.873,
subdivision 7, is amended to read:
Subd. 7. [PRIORITIES.] The commission shall give priority
to studying and reporting to the legislature on the matters
described in this subdivision. To the extent possible, the
commission shall consult with knowledgeable individuals in
communities throughout the state when developing recommendations
or preparing reports on these matters.
(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. The commission must
study and recommend specific effectiveness measures to
accurately determine the efficacy of programs and services
provided to children and their families. The commission must
consider and recommend how to transform fragmented,
crisis-oriented delivery systems focused on remediation services
into flexible, comprehensive, well-coordinated, and
family-oriented delivery systems focused on prevention
services. The commission must review and evaluate what impact
the classification of data has on service providers' ability to
anticipate and meet the full range of families' needs. The
commission must report on any laws, rules, or procedures that
interfere with the effective delivery of community-based
services to children and families.
(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, and parents' involvement in programs
meeting the social, cognitive, physical, and emotional needs of
children.
(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.
(e) The commission must study and recommend constructive
changes in preventive, community-based programs that encourage
children and youth to responsibly serve their community.
(f) The legislative commission on children, youth, and
their families and the children's cabinet must study and make
joint recommendations regarding a state-level governance
structure to deliver funding and coordinate policy for children
and their families. These recommendations may include
structural changes to minimize barriers to and actively promote
collaborating and integrating services for children and families
in the community. The commission and cabinet must jointly
evaluate the need for a new cabinet-level agency for children.
The commission and cabinet shall report their findings and
recommendations to the legislature by January 15, 1994.
Sec. 5. Minnesota Statutes 1992, section 3.873,
subdivision 9, is amended to read:
Subd. 9. [EXPIRATION.] The commission expires on June
30, 1994 1995.
Sec. 6. [4.045] [CHILDREN'S CABINET.]
The children's cabinet shall consist of the commissioners
of education, human services, jobs and training, public safety,
corrections, finance, health, administration, housing finance
agency, transportation, and the director of the office of
strategic and long-range planning. The governor shall designate
one member to serve as cabinet chair. The chair is responsible
for ensuring that the duties of the children's cabinet are
performed.
Sec. 7. Minnesota Statutes 1992, section 120.06,
subdivision 3, is amended to read:
Subd. 3. [PUPILS, AT LEAST 21 YEARS OF AGE.] In addition
to those admitted under subdivision 1, admission to a public
secondary school is free to a person who is eligible under this
subdivision. In order to be eligible, a person must be:
(1) at least 21 years of age;
(2) a resident of the district where the secondary school
is located; and
(3) eligible under section 126.22, subdivision 2.
Free admission is limited to two school years or the
equivalent, or until the pupil completes the courses required to
graduate, whichever is less. A district that admits a person to
school under this section must have a reasonable expectation
that the person can obtain a diploma within two years.
Sec. 8. Minnesota Statutes 1992, section 121.831, is
amended to read:
121.831 [LEARNING READINESS PROGRAMS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A district or a
group of districts may establish a learning readiness program
for eligible children. The purpose of a learning readiness
program is to provide all eligible children adequate
opportunities to participate in child development programs that
enable the children to enter school with the necessary skills
and behavior and family stability and support to progress and
flourish.
Subd. 2. [CHILD ELIGIBILITY.] (a) A child is eligible to
participate in a learning readiness program offered by the
resident district or another district if the child is:
(1) at least four three and one-half years old but has not
entered kindergarten; and
(2) has participated or will participate in an early
childhood receives developmental screening program according to
under section 123.702.
A child may participate in a program provided by the
district in which the child resides or by any other district
within 90 days of enrolling in the program or the child's fourth
birthday.
(b) A child younger than three and one-half years old may
participate in a learning readiness program if the district or
group of districts that establishes the program determines that
the program can more effectively accomplish its purpose by
including children younger than three and one-half years old.
Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness
program shall include the following:
(1) a comprehensive plan to coordinate anticipate and meet
the needs of participating families by coordinating existing
social services to provide for the needs of participating
families programs and for by fostering collaboration with
among agencies or other community-based organizations providing
and programs that provide a full range of flexible,
family-focused services to families with young children;
(2) a development and learning component to help a child
children develop socially, intellectually, physically
appropriate social, cognitive, and physical skills,
and emotionally in a manner appropriate to the child emotional
well-being;
(3) health referral services to address the children's
medical, dental, mental health, and nutritional needs of the
children;
(4) a nutrition component to meet the children's daily
nutritional needs of the children; and
(5) parents' involvement of parents in the educational
meeting children's educational, health, social service, and
other needs of the children;
(6) community outreach to ensure participation by families
who represent the racial, cultural, and economic diversity of
the community; and
(7) community-based staff and program resources, including
interpreters, that reflect the racial and ethnic characteristics
of the children participating in the program.
Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness
programs may include the following are encouraged to:
(1) prepare an individualized service plan to meet the
individual needs of each child child's developmental and
learning needs;
(2) participation by families who are representative of the
racial, cultural, and economic diversity of the community;
(3) provide parent education to increase parents'
knowledge, understanding, skills, and experience in child
development and learning;
(4) (3) foster substantial parent involvement, that may
include developing having parents develop curriculum or serving
serve as a paid or volunteer educator, resource person, or other
staff;
(5) (4) identification of identify the needs of families
with respect to in the content of the child's learning
readiness;
(6) (5) a plan to expand collaboration with public
organizations, businesses, nonprofit organizations, or other
private organizations to promote the development of develop a
coordinated system of flexible, family-focused services
available to anticipate and meet the full range of needs of all
eligible children and their families with eligible children;
(7) (6) coordination of coordinate treatment and follow-up
services for all children's 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) (7) offer transportation for eligible children and
their parents families for whom other forms of transportation
are not available unavailable or would constitute an excessive
financial burden; and
(10) (8) make substantial outreach efforts to assure
significant participation by families with the greatest needs.,
including those families whose income level does not exceed the
most recent update of the poverty guidelines required by
sections 652 and 673(2) of the Omnibus Budget Reconciliation Act
of 1981 (Public Law Number 97-35);
(9) use community-based, trained home visitors serving as
paraprofessionals to provide social support, referrals, parent
education, and other services;
(10) create community-based family resource centers and
interdisciplinary teams; and
(11) enhance the quality of family or center-based child
care programs by providing supplementary services and resources,
staff training, and assistance with children with special needs.
Subd. 5. [PURCHASE OR CONTRACT FOR SERVICES.] Whenever
possible, A district may is encouraged to contract with a public
organization or nonprofit organization providing to provide
eligible children developmentally appropriate services meeting
one or more of that meet the program requirements in subdivision
3, clauses (1) to (4). In the alternative, a district may also
pay tuition or fees to place an eligible child in an existing
program or. A district may establish a new program where no
existing, reasonably accessible program meets the program
requirements in subdivision 3. 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 restrict participation to
district residents of the district.
Subd. 6. [COORDINATION WITH OTHER PROVIDERS.] (a) The
district shall optimize coordination of coordinate the learning
readiness program with existing service community-based social
services providers located in the community and foster
collaboration among agencies and other community-based
organizations and programs that provide flexible, family-focused
services to families with children. The district shall actively
encourage greater sharing of responsibility and accountability
among service providers and facilitate children's transition
between programs.
(b) To the extent possible, resources shall follow the
children based on the services needed, so that children have
receive appropriate services in a stable environment and are not
moved from one program location to program another. Where
geographically feasible, the district shall actively promote
colocating of services for children and their families.
Subd. 7. [ADVISORY COUNCIL.] Each learning readiness
program shall have an advisory council which composed of members
of existing early education-related boards, parents of
participating children, child care providers, culturally
specific service organizations, local resource and referral
agencies, and representatives of early childhood service
providers. The council 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. If the school
board is unable to appoint to the advisory council members of
existing early education-related boards, it 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
greatest 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. The cumulative record is private data
under chapter 13. Information in the record may be disseminated
to an educator or service provider only to the extent that that
person has a need to know the information.
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, or a licensed parent
educator. A program provided according to a contract between a
school district and a nonprofit organization or another private
organization shall be supervised and staffed 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 that reflect the eligibility criteria in subdivision 3.
The board shall consider including in the standards the program
characteristics in subdivision 4.
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. 9. [121.835] [WAY TO GROW/SCHOOL READINESS PROGRAM.]
Subdivision 1. [ADMINISTRATION.] The commissioner of
education shall administer the way to grow/school readiness
program, in collaboration with the commissioners of health and
human services, to promote intellectual, social, emotional, and
physical development and school readiness of children prebirth
to age 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) programs to expand public and private collaboration to
promote the development of a coordinated and culturally specific
system of services available to all families;
(7) support of periodic screening and evaluation services
for preschool children to assure adequate developmental
progress;
(8) support of health, educational, and other developmental
services needed by families with preschool children;
(9) support of family prevention and intervention programs
needed to address risks of child abuse or neglect;
(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
(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. [DISTRIBUTION.] The commissioner of education
shall give priority to funding existing programs.
To the extent possible, the commissioner 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 education. 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;
(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. Programs may match
state money with in-kind contributions, including volunteer
assistance.
Subd. 7. [ADVISORY COMMITTEES.] The commissioner of
education shall establish a program advisory committee
consisting of persons knowledgeable in child development, child
health, and family services, who reflect the geographic,
cultural, racial, and ethnic diversity of the state; and
representatives of the commissioners of 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 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. 10. [121.8355] [FAMILY SERVICES AND COMMUNITY-BASED
COLLABORATIVES.]
Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as
a family services collaborative, a minimum of one school
district, one county, and one public health entity must agree in
writing to provide coordinated family services and commit
resources to an integrated fund. Collaboratives are expected to
have broad community representation, which may include other
local providers, including additional school districts,
counties, and public health entities, other municipalities,
existing culturally specific community organizations, local
health organizations, private and nonprofit service providers,
child care providers, local foundations, community-based service
groups, businesses, local transit authorities or other
transportation providers, community action agencies under
section 268.53, senior citizen volunteer organizations, and
sectarian organizations that provide nonsectarian services.
(b) Community-based collaboratives composed of
representatives of schools, local businesses, local units of
government, parents, students, clergy, health and social
services providers, youth service organizations, and existing
culturally specific community organizations may plan and develop
services for children and youth. A community-based
collaborative must agree to collaborate with county, school
district, and public health entities. Their services may
include opportunities for children or youth to improve child
health and development, reduce barriers to adequate school
performance, improve family functioning, provide community
service, enhance self esteem, and develop general employment
skills.
Subd. 1a. [DEFINITION.] For purposes of this section,
"collaborative" means either a family services collaborative
described under subdivision 1, paragraph (a) or community-based
collaboratives described under subdivision 1, paragraph (b).
Subd. 2. [DUTIES.] (a) Each collaborative shall:
(1) establish, with assistance from families and service
providers, clear goals for addressing the health, developmental,
educational, and family-related needs of children and youth and
use outcome-based indicators to measure progress toward
achieving those goals;
(2) establish a comprehensive planning process that
involves all sectors of the community, identifies local needs,
and surveys existing local programs;
(3) integrate service funding sources so that children and
their families obtain services from providers best able to
anticipate and meet their needs;
(4) coordinate families' services to avoid duplicative and
overlapping assessment and intake procedures;
(5) focus primarily on family-centered services;
(6) encourage parents and volunteers to actively
participate by using flexible scheduling and actively recruiting
volunteers;
(7) provide services in locations that are readily
accessible to children and families;
(8) use new or reallocated funds to improve or enhance
services provided to children and their families;
(9) identify federal, state, and local institutional
barriers to coordinating services and suggest ways to remove
these barriers; and
(10) design and implement an integrated local service
delivery system for children and their families that coordinates
services across agencies and is client centered. The delivery
system shall provide a continuum of services for children birth
to age 18. The collaborative shall describe the community plan
for serving pregnant women and children from birth to age six.
(b) The outcome-based indicators developed in paragraph
(a), clause (1) may include the number of low birthweight
babies, the infant mortality rate, the number of children who
are adequately immunized and healthy, require out-of-home
placement or long-term special education services, and the
number of minor parents.
Subd. 3. [INTEGRATED LOCAL SERVICE DELIVERY SYSTEM.] A
collaborative shall design an integrated local service delivery
system that coordinates funding streams and the delivery of
services between existing agencies. The integrated local
service delivery system may:
(1) improve outreach and early identification of children
and families in need of services and intervene across service
systems on behalf of families;
(2) offer an inclusive service system that supports all
families within a community;
(3) coordinate services that eliminate the need to match
funding streams, provider eligibilities, or clients with
multiple providers;
(4) improve access to services by coordinating
transportation services;
(5) provide initial outreach to all new mothers and
periodic family visits to children who are potentially at risk;
(6) coordinate assessment across systems to determine which
children and families need coordinated multiagency services and
supplemental services;
(7) include multiagency service plans and coordinate
unitary case management; and
(8) integrate funding of services.
Subd. 4. [INTEGRATED FUND.] (a) A collaborative must
establish an integrated fund to help provide an integrated
service system and fund additional supplemental services. The
integrated fund may consist of federal, state, local, or private
resources. The collaborative agreement must specify a minimum
financial commitment by the contributors to an integrated fund.
Contributors may not reduce their financial commitment except as
specified in the agreement or by federal declaration.
(b) A collaborative must seek to maximize federal and
private funds by designating local expenditures for services
that can be matched with federal or private grant funds and by
designing services to meet the requirements for state or federal
reimbursement.
(c) Collaboratives may seek to maximize federal
reimbursement of funds under section 256F.10.
Subd. 5. [LOCAL PLANS.] The collaborative plan shall
describe how the collaborative will carry out the duties and
implement the integrated local services delivery system required
under this section. The plan shall include a list of the
collaborative participants, a copy of the agreement required
under subdivision 1, the amount and source of resources each
participant will contribute to the integrated fund, and methods
for increasing local participation in the collaborative,
involving parents and other community members in implementating
and operating the collaborative, and providing effective
outreach services to all families with young children in the
community. The plan shall also include specific goals that the
collaborative intends to achieve and methods for objectively
measuring progress toward meeting the goals.
Subd. 6. [PLAN APPROVAL BY THE CHILDREN'S CABINET.] (a)
The children's cabinet shall approve local plans for
collaboratives. In approving local plans, the children's
cabinet shall give highest priority to a plan that provides:
(1) early intervention and family outreach services;
(2) family visitation services;
(3) a continuum of services for children from birth to age
18;
(4) family preservation services;
(5) culturally sensitive approaches for delivering services
and utilizing culturally specific organizations;
(6) clearly defined outcomes and valid methods of
assessment;
(7) effective service coordination;
(8) participation by the maximum number of jurisdictions
and local, county, and state funding sources;
(9) integrated community service providers and local
resources;
(10) integrated transportation services;
(11) integrated housing services; and
(12) coordinated services that include a children's mental
health collaborative authorized by law.
(b) The children's cabinet shall ensure that the
collaboratives established under this section do not conflict
with any state or federal policy or program and do not
negatively impact the state budget.
Subd. 7. [RECEIPT OF FUNDS.] The office of strategic and
long-range planning may receive and administer public and
private funds for the purposes of this act.
Sec. 11. Minnesota Statutes 1992, section 121.882,
subdivision 2b, is amended to read:
Subd. 2b. [HOME VISITING PROGRAM.] (a) The commissioner of
education shall include as part of the early childhood family
education programs a parent education component to prevent child
abuse and neglect. This parent education component must include:
(1) expanding statewide the home visiting component of the
early childhood family education programs;
(2) training parent educators, child educators, community
outreach workers, and home visitors in the dynamics of child
abuse and neglect and positive parenting and discipline
practices; and
(3) developing and distributing disseminating education and
public information materials that promote positive parenting
skills and prevent child abuse and neglect.
(b) The parent education component must:
(1) offer to isolated or at-risk families direct home
visiting parent education services that at least address
parenting skills, a child's development and stages of growth,
communication skills, managing stress, problem-solving skills,
positive child discipline practices, methods of improving
parent-child interactions and enhancing self-esteem, using
community support services and other resources, and encouraging
parents to have fun with and enjoy their children;
(2) develop a risk assessment tool to determine the
family's level of risk;
(3) establish clear objectives and protocols for home
visits;
(4) determine the frequency and duration of home visits
based on a risk-need assessment of the client, with home visits
beginning in the second trimester of pregnancy and continuing,
based on client need, until a child is six years old;
(5) encourage families to make a transition from home
visits to site-based parenting programs to build a family
support network and reduce the effects of isolation;
(6) develop and distribute education materials on
preventing child abuse and neglect that may be used in home
visiting programs and parent education classes and distributed
to the public;
(7) initially provide at least 40 hours of training and
thereafter ongoing training for parent educators, child
educators, community outreach workers, and home visitors that
covers the dynamics of child abuse and neglect, domestic
violence and victimization within family systems, signs of abuse
or other indications that a child may be at risk of being abused
or neglected, what child abuse and neglect are, how to properly
report cases of child abuse and neglect, respect for cultural
preferences in child rearing, what community resources, social
service agencies, and family support activities and programs are
available, child development and growth, parenting skills,
positive child discipline practices, identifying stress factors
and techniques for reducing stress, home visiting techniques,
and risk assessment measures;
(8) provide program services that are community-based,
accessible, and culturally relevant; and
(9) foster collaboration among existing agencies and
community-based organizations that serve young children and
their families.
(c) Home visitors should reflect the demographic
composition of the community the home visitor is serving to the
extent possible.
Sec. 12. Minnesota Statutes 1992, section 123.702,
subdivision 1, is amended to read:
Subdivision 1. Every school board shall provide for a
mandatory program of early childhood developmental screening for
children who are four years old and older but who have not
entered kindergarten or first grade in a public school once
before school entrance, targeting children who are between 3-1/2
and 4 years old. 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. This screening examination is a mandatory requirement
for a student to continue attending 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 developmental screening programs by utilizing
volunteers in implementing the program.
Sec. 13. Minnesota Statutes 1992, section 123.702,
subdivision 1a, is amended to read:
Subd. 1a. A child must not be enrolled in kindergarten or
first grade in a public school unless 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 not later than 30
days after the first day of attendance. 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.
Sec. 14. Minnesota Statutes 1992, section 123.702,
subdivision 1b, is amended to read:
Subd. 1b. (a) A screening program shall include at least
the following components: developmental assessments, hearing
and vision screening or referral, immunization review and
referral, the child's 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. The school district and the person
performing or supervising the screening shall provide a parent
or guardian with clear written notice that the parent or
guardian may decline to answer questions or provide information
about family circumstances that might affect development and
identification of risk factors that may influence learning. The
notice shall clearly state that declining to answer questions or
provide information does not prevent the child from being
enrolled in kindergarten or first grade if all other screening
components are met. If a parent or guardian is not able to read
and comprehend the written notice, the school district and the
person performing or supervising the screening must convey the
information in another manner. The notice shall also inform the
parent or guardian that a child need not submit to the school
district screening program if the child's health records
indicate to the school that the child has received comparable
developmental screening performed within the preceding 365 days
by a public or private health care organization or individual
health care provider. The notice shall be given to a parent or
guardian at the time the district initially provides information
to the parent or guardian about screening and shall be given
again at the screening location.
(b) All screening components shall be consistent with the
standards of the state commissioner of health for early
developmental screening programs. No developmental screening
program shall provide laboratory tests or a physical examination
to any child. 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 or physical
examination within the 12 months preceding a child's scheduled
screening.
(c) If a child is without health coverage, the school
district shall refer the child to an appropriate health care
provider.
(d) A school board may offer additional components such as
nutritional, physical and dental assessments, review of family
circumstances that might affect development, blood pressure,
laboratory tests, and health history. State aid shall not be
paid for additional components.
(e) If a statement signed by the child's parent or guardian
is submitted to the administrator or other person having general
control and supervision of the school that the child has not
been screened because of conscientiously held beliefs of the
parent or guardian, the screening is not required.
Sec. 15. Minnesota Statutes 1992, section 123.702,
subdivision 3, is amended to read:
Subd. 3. The school board shall 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
not later than 30 days after the first day of attending
kindergarten or first grade in a public school.
Sec. 16. Minnesota Statutes 1992, section 123.702,
subdivision 4, is amended to read:
Subd. 4. A school board may contract with or purchase
service from an approved early developmental screening program
in the area. Developmental screening must be conducted
by either an individual who is licensed as, or has the training
equal that is similar 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.
Sec. 17. Minnesota Statutes 1992, section 123.702,
subdivision 5, is amended to read:
Subd. 5. Every school board shall integrate and utilize
volunteer screening programs in implementing sections 123.702 to
123.705 123.7045 wherever possible.
Sec. 18. Minnesota Statutes 1992, section 123.7045, is
amended to read:
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. If this amount of aid is insufficient, the district
may permanently transfer from the general fund an amount that,
when added to the aid, is sufficient.
Sec. 19. Minnesota Statutes 1992, section 124.26,
subdivision 2, is amended to read:
Subd. 2. Each district or group of districts providing
adult basic 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 education
programs. In no case shall federal and state aid equal more
than 90 100 percent of the actual cost of providing these
programs.
Sec. 20. Minnesota Statutes 1992, section 124.2601,
subdivision 4, is amended to read:
Subd. 4. [LEVY.] A district with an eligible program may
levy an amount not to exceed the amount raised by .21 .12
percent times the adjusted tax capacity of the district for the
preceding year.
Sec. 21. Minnesota Statutes 1992, section 124.2601,
subdivision 6, is amended to read:
Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any
adult basic education program that receives less state aid under
subdivisions 3 and 7 than from the aid formula for fiscal year
1992 shall receive the amount of aid it received in fiscal year
1992.
(b) For 1995 and later fiscal years, an adult basic
education program that receives aid shall receive at least the
amount of aid it received in fiscal year 1992 under subdivisions
3 and 7, plus aid equal to the amount of revenue that would have
been raised for taxes payable in 1994 under Minnesota Statutes
1992, section 124.2601, subdivision 4, minus the amount raised
under subdivision 4.
Sec. 22. Minnesota Statutes 1992, section 124.2615,
subdivision 2, is amended to read:
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. The aid is equal to:
(1) $200 for fiscal year 1992 and $300 for fiscal year 1993
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 for fiscal year 1992 and $300 for fiscal year 1993
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 1994 and thereafter, a district shall
receive learning readiness aid equal to:
(1) $500 times the number of all participating eligible
children; plus the number of eligible four-year old children in
the district times the ratio of 50 percent of the total learning
readiness aid for that year to the total number of eligible
four-year old children reported to the commissioner for that
year; plus
(2) $200 times the number of participating eligible
children identified according to section 121.831, subdivision
8 the number of participating eligible children times the ratio
of 15 percent of the total learning readiness aid for that year
to the total number of participating eligible children for that
year; plus
(3) the number of pupils enrolled in the school district
from families eligible for the free or reduced school lunch
program times the ratio of 35 percent of the total learning
readiness aid for that year to the total number of pupils in the
state from families eligible for the free or reduced school
lunch program.
Sec. 23. Minnesota Statutes 1992, section 124.2615,
subdivision 3, is amended to read:
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 for instruction and
services required under section 120.17. Aid may not be used to
purchase land or construct buildings, but may be used to lease
or renovate existing buildings.
Sec. 24. Minnesota Statutes 1992, section 124.2711,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] The revenue for early childhood
family education programs for a school district is the amount of
revenue earned by multiplying $96.50 for fiscal year 1992
or equals $101.25 for fiscal year 1993 and later fiscal years
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 previous
school year.
Sec. 25. Minnesota Statutes 1992, section 124.2711,
subdivision 2a, is amended to read:
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 .626 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.
Sec. 26. Minnesota Statutes 1992, section 124.2711, is
amended by adding a subdivision to read:
Subd. 5. [HOME VISITING LEVY.] A school district that
enters into a collaborative agreement to provide education
services and social services to families with young children may
levy an amount equal to $1.60 times the number of people under
five years of age residing in the district on September 1 of the
last school year. Levy revenue under this subdivision shall not
be included as revenue under subdivision 1. The revenue shall
be used for home visiting programs under section 121.882,
subdivision 2b.
Sec. 27. Minnesota Statutes 1992, 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 75 85 cents for fiscal year 1992 1994, $1 for
fiscal year 1995, and 85 cents for fiscal year 1993 1996 and
thereafter, times the greater of 1,335 or the population of the
district.
Sec. 28. Minnesota Statutes 1992, 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 1.13
percent for fiscal year 1993 1995 and thereafter, times the
adjusted net tax capacity of the district. If the amount of the
community education levy would exceed the community education
revenue, the community education levy shall equal the community
education revenue be determined according to subdivision 6a.
Sec. 29. Minnesota Statutes 1992, section 124.2713, is
amended by adding a subdivision to read:
Subd. 6a. [COMMUNITY EDUCATION LEVY; DISTRICTS OFF THE
FORMULA.] If the amount of the community education levy for a
district exceeds the district's community education revenue, the
amount of the community education levy is limited to the sum of:
(1) the district's community education revenue according to
subdivision 1; plus
(2) the amount of the aid reduction for the same fiscal
year according to subdivision 6b.
For purposes of statutory cross-reference, a levy made
according to this subdivision is the levy made according to
subdivision 6.
Sec. 30. Minnesota Statutes 1992, section 124.2713, is
amended by adding a subdivision to read:
Subd. 6b. [COMMUNITY EDUCATION LEVY EQUITY.] (a) If a
district's community education levy for a fiscal year is
determined according to subdivision 6a, an amount must be
deducted from state aid authorized in this chapter receivable
for the same fiscal year, and from state payments authorized in
chapter 273 and receivable for the same fiscal year, the amount
of the deduction equals the difference between:
(1) the district's community education revenue according to
subdivision 1; and
(2) the district's maximum community education levy
according to subdivision 6.
(b) The amount of the deduction in any fiscal year must not
exceed the amount of state payments authorized in chapters 124
and 273 and receivable for the same fiscal year in the
district's community service fund.
Sec. 31. Minnesota Statutes 1992, section 124.2714, is
amended to read:
124.2714 [ADDITIONAL COMMUNITY EDUCATION REVENUE.]
(a) A district that is eligible under section 124.2713,
subdivision 2, may levy an amount up to the amount authorized by
Minnesota Statutes 1986, section 275.125, subdivision 8, clause
(2).
(b) Beginning with levies for fiscal year 1995, this levy
must be reduced each year by the amount of any increase in the
levying district's general community education revenue under
section 124.2713, subdivision 3, for that fiscal year over the
amount received by the district under section 124.2713 for
fiscal year 1994.
(c) The proceeds of the levy may be used for the purposes
set forth in section 124.2713, subdivision 8.
Sec. 32. Minnesota Statutes 1992, section 124.2716, is
amended to read:
124.2716 [EXTENDED DAY LEVY REVENUE.]
Subdivision 1. [ELIGIBILITY.] A school district that
offers an extended day program according to section 121.88,
subdivision 10, may levy is eligible for extended day revenue
for the additional costs of providing services to children with
disabilities or to children experiencing family or related
problems of a temporary nature who participate in the extended
day program.
Subd. 2. [EXTENDED DAY REVENUE.] The extended day revenue
for an eligible school district equals the approved additional
cost of providing services to children with disabilities or
children experiencing family or related problems of a temporary
nature who participate in the extended day program.
Subd. 3. [EXTENDED DAY LEVY.] To obtain extended day
revenue, a school district may levy an amount equal to the
district's extended day revenue as defined in subdivision 2
multiplied by the lesser of one, or the ratio of 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 school year to
which the levy is attributable, to $3,700.
Subd. 4. [EXTENDED DAY AID.] A district's extended day aid
is the difference between its extended day revenue and its
extended day levy. If a district does not levy the entire
amount permitted, extended day aid must be reduced in proportion
to the actual amount levied.
Sec. 33. Minnesota Statutes 1992, section 124A.29,
subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT, AND VIOLENCE PREVENTION
, AND PARENTAL INVOLVEMENT PROGRAMS.] (a) Of a district's basic
revenue under section 124A.22, subdivision 2, an amount equal to
$15 times the number of actual pupil units shall be reserved and
may be used only to provide staff time for in-service education
for violence prevention programs under section 126.77,
subdivision 2, or staff development programs, including
outcome-based education, under section 126.70, subdivisions 1
and 2a. The school board shall determine the staff development
activities to provide, the manner in which they will be
provided, and the extent to which other local funds may be used
to supplement staff development activities.
(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 126.69. A
district may use up to $1 of the $5 times the number of actual
pupil units for promoting parental involvement in the PER
process. Parental involvement programs may include career
teacher programs, programs promoting parental involvement in the
PER process, coordination of volunteer services, and programs
designed to encourage community involvement.
Sec. 34. Minnesota Statutes 1992, 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) 21, or who is an elementary pupil,
and in either case, 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
(7) is a victim of physical or sexual abuse; or
(8) has experienced mental health problems; or
(9) has experienced homelessness sometime within six months
before requesting a transfer to an eligible program; 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 not completed the requirements for a high school
diploma; 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. 35. Minnesota Statutes 1992, 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), and who is between the ages of 16 and
21 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) (b), 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, if 16 years of age
or older, or full time in any nonprofit, nonpublic, nonsectarian
school that has contracted with the school district of residence
to provide educational services.
(e) A pupil who is eligible under subdivision 2, clause (c)
or (d), between the ages of 16 and 21 may enroll in any adult
basic education programs approved under section 124.26 and
operated under the community education program contained in
section 121.88.
Sec. 36. Minnesota Statutes 1992, section 126.22,
subdivision 3a, is amended 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. 37. Minnesota Statutes 1992, section 126.22,
subdivision 4, is amended to read:
Subd. 4. [PUPIL ENROLLMENT.] Any eligible pupil may apply
to enroll in an eligible program. Approval of the resident
district is not required for:
(1) an eligible pupil to enroll in 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. 38. Minnesota Statutes 1992, section 126.67,
subdivision 8, is amended to read:
Subd. 8. [CAREER INFORMATION; APPROPRIATION.] (a) The
department of education, through the Minnesota career
information system, may provide career information to school
districts and other educational organizations, employment and
training services, human service agencies, libraries, and
families. The department shall collect fees necessary to
recover all expenditures related to the operation of the
Minnesota career information service. Grants may be accepted
and used for the improvement or operation of the program. All
receipts must be deposited in a special account in the special
revenue fund. The money in the account, along with any interest
earned, is appropriated annually to the commissioner of
education for the Minnesota career information system.
Equipment, materials, and property purchased with Minnesota
career information system money must be for the sole use and
benefit of the system.
(b) The department must recognize that the Minnesota career
information system operates under a self-supporting directive,
and, accordingly, must be provided sufficient administrative
latitude within the confines of law to enable the system to
operate effectively.
Sec. 39. Laws 1992, chapter 571, article 10, section 29,
is amended to read:
Sec. 29. [124.2712] [ECFE REVENUE.]
In addition to the revenue in section 124.2711, subdivision
1, in fiscal year 1993 1994 a district is eligible for aid equal
to $1.60 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 last school year. This amount may be used only for
in-service education for early childhood family education parent
educators, child educators, and home visitors for violence
prevention programs and for home visiting programs under section
6 126.77. A district that uses revenue under this paragraph for
home visiting programs shall provide home visiting program
services through its early childhood family education program or
shall contract with a public or nonprofit organization to
provide such services. A district may establish a new home
visiting program only where no existing, reasonably accessible
home visiting program meets the program requirements in
section 6 126.77.
Sec. 40. [INTEGRATED CHILDREN'S DATABASE.]
Subdivision 1. [PLAN.] The departments of education,
administration, health and human services, and the office of
strategic and long-range planning shall jointly develop a plan
for an integrated statewide children's service database. The
plan must contain common essential data elements that include
all children from birth through kindergarten enrollment by July
1, 1995. The essential data elements shall be the basis for a
statewide children's service database. Initial service areas
shall include but are not limited to: early childhood and
family education, ECFE tribal schools, learning readiness, way
to grow, early childhood special education part H, even start,
school health, home visitor, lead poisoning screening, child
care resources and referral, child care service development,
child trust fund, migrant child care, dependent child care,
headstart and community resource program.
In developing a plan for a statewide integrated children's
database the joint planning team must:
(1) conduct a high-level needs analysis of service delivery
and reporting and decision making areas;
(2) catalogue current information systems;
(3) establish outcomes for developing systems;
(4) analyze the needs of individuals and organizations that
will use the system; and
(5) identify barriers to sharing information and recommend
changes to the Data Practices Act to remove those barriers.
Subd. 2. [DATA STORAGE.] The departments of education,
administration, corrections, health and human services, and the
office of strategic and long-range planning must provide to the
legislature by January 30, 1995, a plan for storing essential
data elements for family service centers to use. This plan will
include reporting of data to the state as a by-product of both
family service and school district internal operations.
Subd. 3. [AGENCY SYSTEM INTEGRATION.] Any state agency or
department with programs serving children that is designing or
redesigning its information system must ensure that the
resulting information system can be fully integrated into the
statewide children's service database by June 30, 1995.
Agencies or departments must submit plans to design or redesign
information systems for review by the information policy office
to ensure that agency or department information can be fully
integrated into the statewide children's service database.
Sec. 41. [REPORTS.]
By February 15, 1994, the children's cabinet shall report
to the chairs of the family services and education committees of
the legislature and to the legislative commission on children,
youth, and families the number of plans approved under section
10, subdivision 5, the amounts of the grants distributed, a
brief description of the proposals, and the status of the
collaboratives established under section 41, subdivision 3.
Sec. 42. [NORTH BRANCH COMMUNITY PARTICIPATION SCHOOL.]
Subdivision 1. [PILOT PROGRAM.] Independent school
district No. 138, North Branch, shall establish a pilot
outcome-based community participation school with the following
components:
(1) educational opportunities for preschool through grade 6
learners;
(2) social services located at the school, including
student and family counseling and appropriate referrals when
necessary;
(3) programs that focus on self-esteem, conflict
resolution, violence prevention, truancy, and other related
issues;
(4) health services located at the school to address the
health needs of learners, including prevention programs designed
to reduce health-related problems caused by drug and alcohol
use, poor nutrition, and other factors;
(5) community education programs designed to assist parents
with the challenges of parenting in today's society;
(6) regular contact with the families of students by
teachers, social workers, nurses, and other school personnel
through home visits, conferences at school or the workplaces of
family members, telephone contact, and written communication;
and
(7) a Saturday program designed to address issues such as
remedial work and family dynamics that impact student learning,
or to provide other learning opportunities for students and
their families.
Subd. 2. [FAMILY-SCHOOL PARTNERSHIP.] The families of
students attending the community participation school must agree
to participate in the program by:
(1) supporting the philosophy of the school;
(2) serving as volunteers at the school during the day, the
evening, or on weekends;
(3) attending family training and information sessions on
topics such as conflict resolution and parenting skills; and
(4) emphasizing the value of education at home through
activities such as reading to their children and encouraging
them to read, taking them to libraries, and reducing the
family's television viewing.
Subd. 3. [COMMUNITY LEARNING COMMITTEE.] A community
learning committee shall be formed with representatives from the
school district, city council, county, student groups, and
others to develop a community plan for the implementation of
this pilot program and to identify strategies for enhancing
community recognition of the value that needs to be placed on
education. The committee shall address how agencies will
combine resources to collaborate on service delivery to carry
out the purposes of the pilot school. The school board of
independent school district No. 138 shall convene the initial
meeting of this committee.
Subd. 4. [TIMELINES.] (a) The board of independent school
district No. 138 shall establish this program no later than
January 1, 1994. The community learning committee must be
convened within 30 days following enactment of this section.
(b) By July 15, 1994, independent school district No. 138
shall submit a report on the pilot program's status to the
commissioner of education, the state board of education, and the
education committees of the legislature.
(c) By February 1, 1995, independent school district No.
138 shall submit a report on the program's initial year to the
commissioner of education, the state board of education, and the
education committees of the legislature. The report must
document the impact of the pilot program on student performance
in meeting outcomes, changes in student social behaviors and
student health, family involvement in the school and the impact
of that involvement, agency collaboration in providing
school-based services, and other community participation.
Sec. 43. [COLLABORATIVE GRANTS.]
Subdivision 1. [APPLICATIONS FOR COLLABORATIVE PLANNING
GRANTS.] By August 1, 1993, the children's cabinet shall publish
procedures for applying for and awarding planning grants under
subdivision 2. Local collaboratives may obtain an application
from the commissioner of education, human services, or health
and must submit the completed application to the children's
cabinet. The applicant must indicate the amount of the planning
grant being sought and how the applicant will use the grant
funds.
Subd. 2. [DISTRIBUTION OF PLANNING GRANTS.] By February 1,
1994, the children's cabinet must ensure that planning grant
funds are distributed to collaboratives with approved
applications. The funds must be geographically distributed
throughout the state and balanced between the seven-county
metropolitan area and elsewhere throughout the state. No more
than 2.5 percent of the appropriation is available to the state
to administer and evaluate the grant program. An applicant
receiving a grant in fiscal year 1994 may use the grant money in
fiscal year 1994 and may carry forward any unencumbered money
into fiscal year 1995 or 1996. An applicant receiving a grant
in fiscal year 1995 may use the grant money in fiscal year 1995
and may carry forward any unencumbered money into fiscal year
1996.
Subd. 3. [COLLABORATIVE IMPLEMENTATION GRANTS;
EVALUATION.] To apply for an implementation grant, a
collaborative must submit a plan to the children's cabinet by
either December 1, 1993, or December 1, 1994. The plan must
indicate the amount of the implementation grant requested and
how the grant funds will be used. Grant recipients must use the
grant money solely to provide direct services to children and
families. Up to one-half of the appropriation available for
implementation grants may be awarded to collaboratives with
plans received by December 1, 1993, that the cabinet approves.
The remaining appropriation is available for grants to
collaboratives with plans received by December 1, 1994. The
children's cabinet shall review a plan and notify the
collaborative within 60 days of receiving the plan whether or
not the plan has been approved. No more than 2.5 percent of the
appropriation is available to the state to administer and
evaluate the grant program. An applicant receiving a grant in
fiscal year 1994 may use the grant money in fiscal year 1994 and
may carry forward any unencumbered money into fiscal year 1995
or 1996. An applicant receiving a grant in fiscal year 1995 may
use the grant money in fiscal year 1995 and may carry forward
any unencumbered money into fiscal year 1996.
Subd. 4. [REPORTS BY COLLABORATIVES.] Collaboratives
receiving implementation grants must submit a report to the
children's cabinet. The report shall describe the progress the
collaborative made toward implementing the local plan, how funds
received under subdivision 3 were used, the number and type of
clients served, and the types of services provided. The report
shall be submitted to the children's cabinet by December 31,
1994, by collaboratives whose local plan was approved no later
than February 1, 1994, and by December 31, 1995, for those
collaboratives whose local plan was approved no later than
February 1, 1995. Within two years of the date on which a
collaborative receives an implementation grant, a collaborative
shall submit a report to the children's cabinet describing the
extent to which the collaborative achieved the outcomes
developed under Minnesota Statutes, section 121.8355,
subdivision 1, clause (1).
Sec. 44. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
or other named 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 1994 and 124.2601 in fiscal year 1995:
$5,904,000 ..... 1994
$7,998,000 ..... 1995
The 1994 appropriation includes $911,000 for 1993 and
$4,993,000 for 1994.
The 1995 appropriation includes $880,000 for 1994 and
$7,118,000 for 1995.
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 ..... 1994
$670,000 ..... 1995
Any balance in the first year does not cancel and is
available for the second year.
Subd. 4. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with
funds received under Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), clause (4):
$514,000 ..... 1994
$514,000 ..... 1995
(b) 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 years 1994 and
1995.
(c) Up to $226,000 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. Of
this amount, up to $133,000 may be used for kids reaching kids
programs and up to $93,000 may be used for the driving under the
influence demonstration program. No more than five percent of
the amount received may be used for administrative costs by the
contract recipients.
(d) Up to $88,000 each year may be used for grants to
support student-centered programs to discourage driving after
consuming alcohol.
(e) Up to $200,000 and any additional funds each year may
be used for chemical abuse prevention grants.
Subd. 5. [COMMUNITY EDUCATION AID.] For community
education aid according to Minnesota Statutes, section 124.2713:
$3,182,000 ..... 1994
$3,319,000 ..... 1995
The 1994 appropriation includes $496,000 for 1993 and
$2,686,000 for 1994.
The 1995 appropriation includes $474,000 for 1994 and
$2,845,000 for 1995.
Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid:
$1,827,000 ..... 1994
$1,986,000 ..... 1995
The 1994 appropriation includes $204,000 for 1993 and
$1,623,000 for 1994.
The 1995 appropriation includes $286,000 for 1994 and
$1,700,000 for 1995.
In the event that the appropriation in either year is
insufficient, the adult graduation aid paid to a school district
and to a higher education institution shall be prorated equally.
Subd. 7. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For
health and developmental screening aid according to Minnesota
Statutes, section 123.7045:
$1,558,000 ..... 1994
$1,550,000 ..... 1995
The 1994 appropriation includes $240,000 for 1993 and
$1,318,000 for 1994.
The 1995 appropriation includes $232,000 for 1994 and
$1,318,000 for 1995.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 8. [HEARING IMPAIRED ADULTS.] For programs for
hearing impaired adults according to Minnesota Statutes, section
121.201:
$70,000 ..... 1994
$70,000 ..... 1995
Subd. 9. [VIOLENCE PREVENTION GRANTS.] For violence
prevention education grants under Minnesota Statutes, section
126.78:
$1,000,000 ..... 1994
Notwithstanding the geographical distribution requirement
in Minnesota Statutes, section 126.78, subdivision 3, the
commissioner shall give priority in awarding grants in fiscal
year 1994 to eligible school districts that did not receive a
grant in fiscal year 1993.
Subd. 10. [GED TESTS.] For payment of 60 percent of the
costs of GED tests:
$180,000 ..... 1994
$180,000 ..... 1995
Subd. 11. [GED COORDINATION.] For statewide coordination
of the GED program:
$60,000 ..... 1994
$60,000 ..... 1995
Subd. 12. [WAY TO GROW.] For grants for existing way to
grow programs according to Minnesota Statutes, section 145.926:
$950,000 ..... 1994
This appropriation is available until June 30, 1995.
Subd. 13. [SURVEY.] For a survey of students, including
those attending alternative education programs:
$150,000 ..... 1995
Subd. 14. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For
early childhood family education aid according to Minnesota
Statutes, section 124.2711:
$13,464,000 ..... 1994
$13,876,000 ..... 1995
The 1994 appropriation includes $1,875,000 for 1993 and
$11,589,000 for 1994.
The 1995 appropriation includes $2,044,000 for 1994 and
$11,832,000 for 1995.
$10,000 each year may be spent for evaluation of ECFE
programs.
Subd. 15. [ECFE HOME VISITING.] For the early childhood
family education program home visiting component according to
Minnesota Statutes, section 121.882, subdivision 2b:
$450,000 ..... 1994
The entire amount is available in 1994.
Subd. 16. [LEARNING READINESS PROGRAM REVENUE.] For
revenue for learning readiness programs:
$9,495,000 ..... 1994
$9,505,000 ..... 1995
The 1994 appropriation includes $1,412,000 for 1993 and
$8,083,000 for 1994.
The 1995 appropriation includes $1,426,000 for 1994 and
$8,079,000 for 1995.
Any balance in the first year does not cancel but is
available in the second year.
$10,000 each year may be spent for evaluation of learning
readiness programs.
Subd. 17. [VIOLENCE PREVENTION COUNCILS.] (a) For grants
to cities, counties, and school boards for community violence
prevention councils:
$200,000 ..... 1994
$200,000 ..... 1995
(b) During the biennium, councils shall identify community
needs and resources for violence prevention and development
services that address community needs related to violence
prevention.
(c) Any of the funds awarded to school districts but not
expended in fiscal year 1994, are available to the award
recipient in fiscal year 1995 for the same purposes and
activities.
(d) Any portion of the 1994 appropriation not spent in 1994
is available in 1995.
(e) One hundred percent of this aid must be paid in the
current fiscal year in the same manner as specified in Minnesota
Statutes, section 124.195, subdivision 9.
Subd. 18. [OMBUDSPERSONS.]
$80,000 ..... 1994
The appropriation is to be distributed in equal amounts to
the Indian Affairs Council, the Spanish-Speaking Affairs
Council, the Council on Black Minnesotans, and the Council on
Asian-Pacific Minnesotans, for purposes of funding the
activities of the ombudspersons authorized by Minnesota
Statutes, sections 257.0755 to 257.0768. Any balance in 1994 is
available until June 30, 1995.
Subd. 19. [NORTH BRANCH GRANT.] For a grant to independent
school district No. 138, North Branch, to develop a community
school program:
$200,000 ..... 1994
Any balance in the first year does not cancel but is
available in the second year.
Subd. 20. [LOCAL COLLABORATIVES.] For grants to local
collaboratives according to section 43, subdivisions 2 and 3:
$5,000,000 ..... 1994
$1,500,000 is for collaborative planning grants.
Up to $130,000 of the sum listed above is for the
legislative coordinating commission for purposes of carrying out
the responsibilities under Minnesota Statutes, section 3.873.
Up to $400,000 is for the office of strategic and
long-range planning for development of a statewide children's
service database and for staffing the children's cabinet.
Any portion of this sum not spent on planning grants shall
be used for implementation grants.
$3,500,000 is for collaborative implementation grants.
The amounts appropriated under this subdivision do not
cancel but are available until June 30, 1996.
Subd. 21. [EXTENDED DAY AID.] For extended day aid
according to Minnesota Statutes, section 124.2716:
$340,000 ..... 1995
Sec. 45. [REPEALER.]
Minnesota Statutes 1992, sections 126.22, subdivision 2a;
and 145.926, are repealed.
Sec. 46. [EFFECTIVE DATES.]
Section 33 is effective July 1, 1993, and apply to the
1993-1994 school year and later school years. Sections 26 and
30 are effective for the 1993, payable 1994 levies.
ARTICLE 5
FACILITIES
Section 1. Minnesota Statutes 1992, section 121.912, is
amended by adding a subdivision to read:
Subd. 8. [ENERGY CONSERVATION FUND TRANSFERS.] A school
district that has contracted with a provider of energy
conservation improvements, or a school district that has
received a loan from a public utility to make energy
conservation improvements may annually transfer from the general
fund to the capital expenditure fund, the amount related to the
energy savings of the energy conservation improvements.
Sec. 2. Minnesota Statutes 1992, section 123.36, is
amended by adding a subdivision to read:
Subd. 15. [USE OF BUILDINGS BY LOWER GRADES.] (a) In
addition to the protections provided in existing building and
fire code rules and standards, the following alternatives apply
for existing school buildings:
(1) rooms occupied by preschool, kindergarten, and first
and second grade students for classrooms, latchkey, day care,
early childhood family education or teen parent or similar
programs may be located on any floor level below the fourth
story of a school building if the building is protected
throughout by a complete automatic sprinkler system and a
complete automatic fire alarm system consisting of automatic
smoke detection throughout the exit system and approved smoke
detection in all rooms and areas other than classrooms and
offices;
(2) rooms used by preschool, kindergarten, or first grade
students for classrooms, latchkey, day care, early childhood
family education or teen parent or similar programs, must be
located on the story of exit discharge, and rooms used by second
grade students, for any purpose, must be located on the story of
exit discharge or one story above unless one of the following
conditions is met:
(i) a complete automatic sprinkler system is provided
throughout the building, the use of the affected room or space
is limited to one grade level at a time, and exiting is provided
from the affected room or space which is independent from the
exiting system used by older students; or
(ii) a complete approved automatic fire alarm system is
installed throughout the building consisting of automatic smoke
detection throughout the exit system and approved detection in
all rooms and areas other than classrooms and offices, the use
of the affected room or space is limited to one grade level at a
time and exiting is provided from the affected room or space
which is independent from the exiting system used by older
students.
(b) For purposes of paragraph (a), clause (2), pupils from
second grade down are considered one grade level.
(c) Accessory spaces, including gymnasiums, cafeterias,
media centers, auditoriums, libraries, and band and choir rooms,
which are used on an occasional basis by preschool,
kindergarten, and first and second grade students are permitted
to be located one level above or one level below the story of
exit discharge, provided the building is protected throughout by
a complete automatic sprinkler system or a complete approved
corridor smoke detection system.
(d) Paragraphs (a) and (c) supersede any contrary
provisions of the state fire code or state building code and
rules relating to those codes must be amended by the state
agencies having jurisdiction of them.
(e) Paragraphs (a) to (d) are effective for new school
buildings beginning July 1, 1994.
Sec. 3. [124.239] [ALTERNATIVE FACILITIES BONDING AND LEVY
PROGRAM.]
Subdivision 1. [TO QUALIFY.] An independent or special
school district qualifies to participate in the alternative
facilities bonding and levy program if the district has:
(1) more than 66 students per grade;
(2) over 1,850,000 square feet of space;
(3) average age of building space is 20 years or older;
(4) insufficient funds from projected health and safety
revenue and capital facilities revenue to meet the requirements
for deferred maintenance, to make accessibility improvements, or
to make fire, safety, or health repairs; and
(5) a ten-year facility plan approved by the commissioner
according to subdivision 2.
Subd. 2. [TEN-YEAR PLAN.] (a) A qualifying district must
have a ten-year facility plan approved by the commissioner that
includes an inventory of projects and costs that would be
eligible for:
(1) health and safety revenue;
(2) disabled access levy; and
(3) deferred capital expenditures and maintenance projects
necessary to prevent further erosion of facilities.
(b) The school district must:
(1) annually update the plan;
(2) biennially submit a facility maintenance plan; and
(3) indicate whether the district will issue bonds to
finance the plan or levy for the costs.
Subd. 3. [BOND AUTHORIZATION.] A school district, upon
approval of its school board and the commissioner, may issue
general obligation bonds under this section to finance approved
facilities plans. Chapter 475, except sections 475.58 and
475.59, must be complied with. The district may levy under
subdivision 5 for the debt service revenue. The authority to
issue bonds under this section is in addition to any bonding
authority authorized by this chapter, or other law. The amount
of bonding authority authorized under this section must be
disregarded in calculating the bonding or net debt limits of
this chapter, or any other law other than section 475.53,
subdivision 4.
Subd. 4. [LEVY PROHIBITED FOR CAPITAL PROJECTS.] A
district that participates in the alternative facilities bonding
and levy program is not eligible to levy and cannot receive aid
for any capital projects under sections 124.83 and 124.84. A
district may levy for health and safety environmental management
costs and health and safety regulatory, hazard assessment,
record keeping, and maintenance programs as defined in section
19 and approved by the commissioner.
Subd. 5. [LEVY AUTHORIZED.] A district, after local board
approval, may levy for costs related to an approved facility
plan as follows:
(a) if the district has indicated to the commissioner that
bonds will be issued, the district may levy for the principal
and interest payments on outstanding bonds issued according to
subdivision 3; or
(b) if the district has indicated to the commissioner that
the plan will be funded through levy, the district may levy
according to the schedule approved in the plan.
Subd. 6. [SEPARATE ACCOUNT.] A district must establish a
separate account under the uniform financial accounting and
reporting standards (UFARS) for this program. If the district's
levy exceeds the necessary interest and principal payments and
noncapital health and safety costs, the district must reserve
the revenue to replace future bonding authority, prepay bonds
authorized under this program, or make payments on principal and
interest.
Sec. 4. Minnesota Statutes 1992, section 124.243,
subdivision 1, is amended to read:
Subdivision 1. A school board annually shall, by
resolution adopted by a two-thirds vote of its governing body
and after notice and hearing, adopt a capital expenditure
facilities program. The district shall publish notice of the
hearing in its official newspaper at least 20 days before the
hearing. A school board may amend its capital expenditure
facilities program at any time. The program shall include plans
for repair and restoration of existing district-owned facilities
and plans for new construction. Plans for new construction and
plans for repairs and restoration funded through bond proceeds
must be included in the program before notice of the district's
intended debt service levy is given to the commissioner for the
project costs to be included in the district's required debt
service levy under section 124.95 for that year. The program
shall include specific provisions to correct any existing health
and safety hazards. The program must set forth the facilities
to be improved, a schedule of work not more than five years from
the adoption or amendment of the program, the estimated cost of
the improvements to be made, the estimated property tax effects
of the program for the next fiscal year, and the proposed
methods of financing the program. The program must be reviewed
by the district biennially before July 1 of each odd-numbered
year, after notice and hearing. After the review, the program
may be amended to include the ensuing five-year period.
Sec. 5. Minnesota Statutes 1992, section 124.243,
subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE FACILITIES REVENUE.] (a) For
fiscal years 1994 and 1995, capital expenditure facilities
revenue for a district equals $128 times its actual pupil units
for the school year.
(b) For fiscal years 1996 and later, capital expenditure
facilities revenue for a district equals $100 times the
district's maintenance cost index times its actual pupil units
for the school year.
(c) A district's capital expenditure facilities revenue for
a school year shall be reduced if the unreserved balance in the
capital expenditure facilities account on June 30 of the prior
school year exceeds $270 $675 times the fund balance pupil units
in the prior year as defined in section 124A.26, subdivision 1.
If a district's capital expenditure facilities revenue is
reduced, the reduction equals the lesser of (1) the amount that
the unreserved balance in the capital expenditure facilities
account on June 30 of the prior year exceeds $270 $675 times the
fund balance pupil units in the prior year, or (2) the capital
expenditure facilities revenue for that year.
(d) For 1996 and later fiscal years, the previous formula
revenue equals the amount of revenue computed for the district
according to section 124.243 for fiscal year 1995.
(e) Notwithstanding paragraph (b), for fiscal year 1996,
the revenue for each district equals 25 percent of the amount
determined in paragraph (b) plus 75 percent of the previous
formula revenue.
(f) Notwithstanding paragraph (b), for fiscal year 1997,
the revenue for each district equals 50 percent of the amount
determined in paragraph (b) plus 50 percent of the previous
formula revenue.
(g) Notwithstanding paragraph (b), for fiscal year 1998,
the revenue for each district equals 75 percent of the amount
determined in paragraph (b) plus 25 percent of the previous
formula revenue.
(h) The revenue in paragraph (b) for a district that
operates a program under section 121.585, is increased by an
amount equal to $15 times the number of actual pupil units at
the site where the program is implemented.
Sec. 6. Minnesota Statutes 1992, section 124.243,
subdivision 2a, is amended to read:
Subd. 2a. [EXCEPTION TO FUND BALANCE REDUCTION.] A
district may apply to the commissioner for approval for an
unreserved fund balance in its capital expenditure facilities
account that exceeds $270 per fund balance pupil unit for a
period not to exceed three five years. If the commissioner
approves the district's application, the district's capital
expenditure facilities revenue shall not be reduced according to
subdivision 2. The commissioner may approve a district's
application for an exception only if the use of the district's
capital expenditure facilities funds are consistent with plans
adopted according to subdivision 1.
Sec. 7. Minnesota Statutes 1992, section 124.243,
subdivision 6, is amended to read:
Subd. 6. [USES OF REVENUE.] Capital expenditure facilities
revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
if approved by the commissioner of education according to
applicable statutes and rules up to $400,000;
(3) to rent or lease buildings, including the costs of
building repair or improvement that are part of a lease
agreement;
(4) to improve and repair school sites and buildings, and
equip or reequip school buildings with permanent attached
fixtures;
(5) for a surplus school building that is used
substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school
buildings by individuals with a disability;
(7) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(10) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(11) for energy audits for school buildings and to modify
buildings if the audit indicates the cost of the modification
can be recovered within ten years;
(12) to improve buildings that are leased according to
section 123.36, subdivision 10;
(13) to pay special assessments levied against school
property but not to pay assessments for service charges;
(14) to pay principal and interest on state loans for
energy conservation according to section 216C.37 or loans made
under the northeast Minnesota economic protection trust fund act
according to sections 298.292 to 298.298; and
(15) to purchase or lease interactive telecommunications
equipment.
Sec. 8. Minnesota Statutes 1992, section 124.243,
subdivision 8, is amended to read:
Subd. 8. [FUND TRANSFERS.] (a) Money in the account for
capital expenditure facilities revenue must not be transferred
into any other account or fund, except that as specified in this
subdivision.
(b) The school board may, by resolution, transfer money
into the debt redemption fund to pay the amounts needed to meet,
when due, principal and interest payments on certain obligations
issued according to chapter 475.
(c) A school board may transfer all or a part of its
capital expenditure facilities revenue to its capital
expenditure equipment account if:
(1) the district has only one facility and that facility is
less than ten years old; or
(2) the district receives approval from the commissioner to
make the transfer.
(d) In considering approval of a transfer under paragraph
(c), clause (2), the commissioner must consider the district's
facility needs.
Sec. 9. Minnesota Statutes 1992, section 124.243, is
amended by adding a subdivision to read:
Subd. 12. [MAINTENANCE COST INDEX.] (a) A district's
maintenance cost index is equal to the ratio of:
(1) the total weighted square footage for all eligible
district-owned facilities; and
(2) the total unweighted square footage of these facilities.
(b) The department shall determine a district's maintenance
cost index annually. Eligible district owned facilities shall
include only instructional or administrative square footage
owned by the district. The commissioner of education may adjust
the age of a building or addition for major renovation projects.
(c) The square footage weighting factor for each original
building or addition equals the lesser of:
(1) one plus the ratio of the age in years to 100; or
(2) 1.5.
(d) The weighted square footage for each original building
or addition equals the product of the unweighted square footage
times the square footage weighting factor.
Sec. 10. Minnesota Statutes 1992, section 124.244,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE AMOUNT.] (a) For fiscal years 1994
and 1995, the capital expenditure equipment revenue for each
district equals $63 times its actual pupil units counted
according to section 124.17, subdivision 1, for the school year.
(b) For fiscal years 1996 and later, the capital
expenditure equipment revenue for each district equals $68 times
its actual pupil units for the school year.
Sec. 11. [124.2455] [BONDS FOR CERTAIN CAPITAL
FACILITIES.]
(a) In addition to other bonding authority, with approval
of the commissioner, a school district may issue general
obligation bonds for certain capital projects under this
section. The bonds must be used only to make capital
improvements including:
(1) under section 124.243, subdivision 6, capital
expenditure facilities revenue uses specified in clauses (4),
(6), (7), (8), (9), and (10);
(2) the cost of energy modifications;
(3) improving handicap accessibility to school buildings;
and
(4) bringing school buildings into compliance with life and
safety codes and fire codes.
(b) Before a district issues bonds under this subdivision,
it must publish notice of the intended projects, the amount of
the bond issue, and the total amount of district indebtedness.
(c) 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 adoption of a resolution stating the board's
intention to issue bonds. 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.
(d) The bonds may be issued in a principal amount, that
when combined with interest thereon, will be paid off with not
more than 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 that of
the current year for the next ten years. Once finally
authorized, the district must set aside the lesser of the amount
necessary to make the principal and interest payments or 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 chapter 475, except as otherwise provided in
this section.
Sec. 12. Minnesota Statutes 1992, section 124.37, is
amended to read:
124.37 [POLICY AND PURPOSE.]
The rates of increase in school population in Minnesota and
population shifts and economic changes in recent years, and
anticipated in future years, have required and will require
large expenditures for performing the duty of the state and its
subdivisions to provide a general and uniform system of public
schools. The state policy has been to require these school
costs to be borne primarily by the local subdivisions. In most
instances the local subdivisions have been, and will be, able to
provide the required funds by local taxation as supplemented by
the aids usually given to all school districts from state income
tax and other state aids. There are, however, exceptional cases
due to local conditions not found in most other districts where,
either temporarily or over a considerable period of years, the
costs will exceed the maximum which the local taxpayers can be
reasonably expected to bear. In some districts having bonds of
several issues outstanding, debt service tax levy requirements
are excessive for some years because of heavy bond principal
payments accumulating in some of the years due to overlapping or
short term issues. The policy and purpose of sections 124.36 to
124.47 is to utilize the credit of the state, to a limited
degree, to relieve those school districts, but only those, where
the maximum effort by the district is inadequate to provide the
necessary money. It is also the purpose of sections 124.36 to
124.47 to promote efficient use of school buildings. To that
end, a district that receives a maximum effort loan is
encouraged to design and use its facility to integrate social
services and library services.
Sec. 13. Minnesota Statutes 1992, section 124.38, is
amended by adding a subdivision to read:
Subd. 4a. [LEVY.] "Levy" means a district's net debt
service levy after the reduction of debt service equalization
aid under section 124.95, subdivision 5. For taxes payable in
1994 and later, each district's maximum effort debt service levy
for purposes of subdivision 7, shall be reduced by an equal
number of percentage points if the commissioner determines that
the levy reduction will not result in a statewide property tax
as would be required under Minnesota Statutes 1992, section
124.46, subdivision 3. A district's levy that is adjusted under
this section shall not be reduced below 18.74 percent of the
district's adjusted net tax capacity.
Sec. 14. Minnesota Statutes 1992, section 124.431,
subdivision 1, is amended to read:
Subdivision 1. [CAPITAL LOAN REQUESTS AND USES.] Capital
loans are available only to qualifying districts. Capital loans
must not be used for the construction of swimming pools, ice
arenas, athletic facilities, auditoriums, day care centers, bus
garages, or heating system improvements. Proceeds of the loans
may be used only for sites for education facilities and for
acquiring, bettering, furnishing, or equipping education
facilities. Contracts must be entered into within 18 months
after the date on which each loan is granted. For purposes of
this section, "education facilities" includes space for Head
Start programs and social service programs.
Sec. 15. Minnesota Statutes 1992, section 124.431,
subdivision 1a, is amended to read:
Subd. 1a. [CAPITAL LOANS ELIGIBILITY.] Beginning July 1,
1992, a district is not eligible for a capital loan unless the
district's estimated net debt tax rate as computed by the
commissioner after debt service equalization aid would be more
than 20 percent of adjusted net tax capacity. The estimate must
assume a 20-year maturity schedule for new debt.
Sec. 16. Minnesota Statutes 1992, section 124.431,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A
school district or a joint powers district that intends to apply
for a capital loan must submit a proposal to the commissioner
for review and comment according to section 121.15 on or before
July 1. The commissioner must prepare a review and comment on
the proposed facility, regardless of the amount of the capital
expenditure required to construct the facility. In addition to
the information provided under section 121.15, subdivision 7,
the commissioner shall consider the following criteria in
determining whether to make a positive review and comment.
(a) To grant a positive review and comment the commissioner
must determine that all of the following conditions are met:
(1) the facilities are needed for pupils for whom no
adequate facilities exist or will exist;
(2) the district will serve, on average, at least 80 pupils
per grade or is eligible for sparsity revenue;
(3) no form of cooperation with another district would
provide the necessary facilities;
(4) the facilities are comparable in size and quality to
facilities recently constructed in other districts that have
similar enrollments;
(5) the facilities are comparable in size and quality to
facilities recently constructed in other districts that are
financed without a capital loan;
(6) the district is projected to maintain or increase its
average daily membership over the next five years or is eligible
for sparsity revenue;
(7) the current facility poses a threat to the life,
health, and safety of pupils, and cannot reasonably be brought
into compliance with fire, health, or life safety codes;
(8) the district has made a good faith effort, as evidenced
by its maintenance expenditures, to adequately maintain the
existing facility during the previous ten years and to comply
with fire, health, and life safety codes and state and federal
requirements for handicapped accessibility; and
(9) the district has made a good faith effort to encourage
integration of social service programs within the new facility;
and
(10) evaluations by school boards of adjacent districts
have been received.
(b) The commissioner may grant a negative review and
comment if:
(1) the state demographer has examined the population of
the communities to be served by the facility and determined that
the communities have not grown during the previous five years;
(2) the state demographer determines that the economic and
population bases of the communities to be served by the facility
are not likely to grow or to remain at a level sufficient,
during the next ten years, to ensure use of the entire facility;
(3) the need for facilities could be met within the
district or adjacent districts at a comparable cost by leasing,
repairing, remodeling, or sharing existing facilities or by
using temporary facilities;
(4) the district plans do not include cooperation and
collaboration with health and human services agencies and other
political subdivisions; or
(5) if the application is for new construction, an existing
facility that would meet the district's needs could be purchased
at a comparable cost from any other source within the area.
Sec. 17. Minnesota Statutes 1992, section 124.431,
subdivision 14, is amended to read:
Subd. 14. [BOND SALE LIMITATIONS.] A district having an
outstanding state loan must not issue and sell any bonds on the
public market, except to refund state loans, unless it agrees to
make the maximum effort debt service levy in each later year at
the higher rate provided in section 124.38, subdivision 7, and
unless it schedules the maturities of the bonds according to
section 475.54, subdivision 2. A district that refunds bonds at
a lower interest rate may continue to make the maximum effort
debt service levy in each later year at the current rate
provided in section 124.38, subdivision 7, if the district can
demonstrate to the commissioner's satisfaction that the
district's repayments of the state loan will not be reduced
below the previous year's level. The district shall report each
sale to the commissioner of education.
After a district's capital loan has been outstanding for 20
years, the district must not issue bonds on the public market
except to refund the loan.
Sec. 18. Minnesota Statutes 1992, section 124.494,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFICATION.] Any group of school
districts that meets the criteria required under subdivision 2
may apply for an incentive grant in an amount not to exceed the
lesser of $6,000,000 $5,000,000 or 75 percent of the approved
construction costs of a cooperative secondary education facility.
Sec. 19. Minnesota Statutes 1992, section 124.494,
subdivision 2, is amended to read:
Subd. 2. [REVIEW BY COMMISSIONER.] (a) Any group of
districts that submits an application for a grant shall submit a
proposal to the commissioner for review and comment under
section 121.15, and the commissioner shall prepare a review and
comment on the proposed facility, regardless of the amount of
the capital expenditure required to acquire, construct, remodel
or improve the secondary facility. The commissioner must not
approve an application for an incentive grant for any secondary
facility unless the facility receives a favorable review and
comment under section 121.15 and the following criteria are met:
(1) a minimum of three or more districts, with kindergarten
to grade 12 enrollments in each district of no more than 1,200
pupils, enter into a joint powers agreement;
(2) a joint powers board representing all participating
districts is established under section 471.59 to govern the
cooperative secondary facility;
(3) the planned secondary facility will result in the joint
powers district meeting the requirements of Minnesota Rules,
parts 3500.2010 and 3500.2110;
(4) at least 198 pupils would be served in grades 10 to 12,
264 pupils would be served in grades 9 to 12, or 396 pupils
would be served in grades 7 to 12;
(5) no more than one superintendent is employed by the
joint powers board as a result of the cooperative secondary
facility agreement;
(6) a statement of need is submitted, that may include
reasons why the current secondary facilities are inadequate,
unsafe or inaccessible to the handicapped;
(7) an educational plan is prepared, that includes input
from both community and professional staff;
(8) a combined seniority list for all participating
districts is developed by the joint powers board;
(9) an education program is developed that provides for
more learning opportunities and course offerings, including the
offering of advanced placement courses, for students than is
currently available in any single member district;
(10) a plan is developed for providing instruction of any
resident students in other districts when distance to the
secondary education facility makes attendance at the facility
unreasonably difficult or impractical; and
(11) the joint powers board established under clause (2)
discusses with technical colleges located in the area how
vocational education space in the cooperative secondary facility
could be jointly used for secondary and post-secondary purposes.
(b) To the extent possible, the joint powers board is
encouraged to provide for severance pay or for early retirement
incentives under section 125.611, for any teacher or
administrator, as defined under section 125.12, subdivision 1,
who is placed on unrequested leave as a result of the
cooperative secondary facility agreement.
(c) For the purpose of paragraph (a), clause (8), each
school district must be considered to have started school each
year on the same date.
(d) The districts may develop a plan that provides for the
location of social service, health, and other programs serving
pupils and community residents within the cooperative secondary
facility. The commissioner shall consider this plan when
preparing a review and comment on the proposed facility.
(e) The districts shall schedule and conduct a meeting on
library services. The school districts, in cooperation with the
regional public library system and its appropriate member
libraries, shall discuss the possibility of including jointly
operated library services at the cooperative secondary facility.
Sec. 20. Minnesota Statutes 1992, section 124.494, is
amended by adding a subdivision to read:
Subd. 4a. [COLOCATION GRANT.] A group of districts that
receives a grant under subdivision 4 is also eligible to receive
an additional grant in the amount of $1,000,000. To receive the
additional grant, the group of districts must develop a plan
under subdivision 2, paragraph (d), that provides for the
location of a significant number of noneducational student and
community service programs within the cooperative secondary
facility.
Sec. 21. [124.829] [HEALTH, SAFETY, AND ENVIRONMENTAL
MANAGEMENT.]
"Health, safety, and environmental management" means school
district activities necessary for a district's compliance with
state law and rules of the departments of health, labor and
industry, public safety, and pollution control agency as well as
any related federal standards. These activities include hazard
assessment, required training, record keeping, and program
management.
Sec. 22. Minnesota Statutes 1992, section 124.83,
subdivision 1, is amended to read:
Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive
health and safety revenue for any fiscal year a district,
including an intermediate district, must submit to the
commissioner of education an application for aid and levy by the
date determined by the commissioner. The application may be for
hazardous substance removal, fire code compliance, or and life
safety code repairs, labor and industry regulated facility and
equipment violations, and health, safety, and environmental
management. The application must include a health and safety
program adopted by the school district board. The program must
include the estimated cost, per building, of the program by
fiscal year.
Sec. 23. Minnesota Statutes 1992, section 124.83,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF PROGRAM.] A district may must adopt
a health and safety program. The program may must include
plans, where applicable, for hazardous substance removal, fire
code compliance, or and life safety code repairs, regulated
facility and equipment violations, and health, safety, and
environmental management.
(a) A hazardous substance plan must contain provisions for
the removal or encapsulation of asbestos from school buildings
or property, asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property,
and cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline,
fuel, oil, and special fuel, as defined in section 296.01. If a
district has already developed a plan for the removal or
encapsulation of asbestos as required by the federal Asbestos
Hazard Emergency Response Act of 1986, a new plan is not
necessary the district may use a summary of that plan, which
includes a description and schedule of response actions, for
purposes of this section. The plan must also contain provisions
to make modifications to existing facilities and equipment
necessary to limit personal exposure to hazardous substances, as
regulated by the federal Occupational Safety and Health
Administration under Code of Federal Regulations, title 29, part
1910, subpart Z; or is determined by the commissioner to present
a significant risk to district staff or student health and
safety as a result of foreseeable use, handling, accidental
spill, exposure, or contamination.
(b) A fire and life safety plan must contain a description
of the current fire and life safety code violation violations, a
plan for the removal or repair of the fire and life safety
hazard, and a description of safety preparation and awareness
procedures to be followed until the hazard is fully corrected.
A life safety plan must contain a description of the life
safety hazard and a plan for its removal or repair.
(c) A facilities and equipment violation plan must contain
provisions to correct health and safety hazards as provided in
department of labor and industry standards pursuant to section
182.655.
(d) A health, safety, and environmental management plan
must contain a description of training, record keeping, hazard
assessment, and program management as defined in section 124.829.
(e) A plan to test for and mitigate radon produced hazards.
Sec. 24. Minnesota Statutes 1992, 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 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 $3,515 50 percent of the
equalizing factor.
Sec. 25. Minnesota Statutes 1992, section 124.83,
subdivision 6, is amended to read:
Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and
safety revenue may be used only for approved expenditures
necessary to correct fire safety hazards, life safety hazards,
or for the removal or encapsulation of asbestos from school
buildings or property, asbestos-related repairs, cleanup and
disposal of polychlorinated biphenyls found in school buildings
or property, or the cleanup, removal, disposal, and repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01, labor and industry regulated facility and
equipment hazards, and health, safety, and environmental
management. Health and safety revenue must not be used for the
construction of new facilities or the purchase of portable
classrooms. The revenue may not be used for a building or
property or part of a building or property used for
post-secondary instruction or administration or for a purpose
unrelated to elementary and secondary education.
Sec. 26. Minnesota Statutes 1992, section 124.83, is
amended by adding a subdivision to read:
Subd. 8. [HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT
COST.] (a) A district's cost for health, safety, and
environmental management is limited to the lesser of:
(1) actual cost to implement their plan; or
(2) an amount determined by the commissioner, based on
enrollment, building age, and size.
(b) Effective July 1, 1993, the department of education may
contract with regional service organizations, private
contractors, Minnesota safety council, or state agencies to
provide management assistance to school districts for health and
safety capital projects. Management assistance is the
development of written programs for the identification,
recognition and control of hazards, and prioritization and
scheduling of district health and safety capital projects.
(c) Notwithstanding paragraph (b), the department may
approve revenue, up to the limit defined in paragraph (a) for
districts having an approved health, safety, and environmental
management plan that uses district staff to accomplish
coordination and provided services.
Sec. 27. Minnesota Statutes 1992, section 124.85,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Energy conservation measure" means a training program
or facility alteration designed to reduce energy consumption or
operating costs and includes:
(1) insulation of the building structure and systems within
the building;
(2) storm windows and doors, caulking or weatherstripping,
multiglazed windows and doors, heat absorbing or heat reflective
glazed and coated window and door systems, additional glazing,
reductions in glass area, and other window and door system
modifications that reduce energy consumption;
(3) automatic energy control systems;
(4) heating, ventilating, or air conditioning system
modifications or replacements;
(5) replacement or modifications of lighting fixtures to
increase the energy efficiency of the lighting system without
increasing the overall illumination of a facility, unless such
increase in illumination is necessary to conform to the
applicable state or local building code for the lighting system
after the proposed modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(8) energy conservation measures that provide long-term
operating cost reductions.
(b) "Guaranteed energy savings contract" means a contract
for the evaluation and recommendations of energy conservation
measures, and for one or more energy conservation measures. The
contract must provide that all payments, except obligations on
termination of the contract before its expiration, are to be
made over time, but not to exceed ten 25 years from the date of
final installation, and the savings are guaranteed to the extent
necessary to make payments for the systems.
(c) "Qualified provider" means a person or business
experienced in the design, implementation, and installation of
energy conservation measures. A qualified provider to whom the
contract is awarded shall give a sufficient bond to the school
district for its faithful performance.
Sec. 28. Minnesota Statutes 1992, section 124.85,
subdivision 4, is amended to read:
Subd. 4. [DISTRICT ACTION.] A district may enter into a
guaranteed energy savings contract with a qualified provider if,
after review of the report, it finds that the amount it would
spend on the energy conservation measures recommended in the
report is not likely to exceed the amount to be saved in energy
and operation costs over ten 25 years from the date of
installation if the recommendations in the report were followed,
and the qualified provider provides a written guarantee that the
energy or operating cost savings will meet or exceed the costs
of the system. The guaranteed energy savings contract may
provide for payments over a period of time, not to exceed ten 25
years. Notwithstanding section 121.912, a district annually may
transfer from the general fund to the capital expenditure fund
an amount up to the amount saved in energy and operation costs
as a result of guaranteed energy savings contracts.
Sec. 29. Minnesota Statutes 1992, section 124.85,
subdivision 5, is amended to read:
Subd. 5. [INSTALLATION CONTRACTS.] A school district may
enter into an installment payment contract for the purchase and
installation of energy conservation measures. The contract must
provide for payments of not less than one-tenth 1/25 of the
price to be paid within two years from the date of the first
operation, and the remaining costs to be paid monthly, not to
exceed a ten-year 25-year term from the date of the first
operation.
Sec. 30. Minnesota Statutes 1992, section 124.91,
subdivision 3, is amended to read:
Subd. 3. [POST-JUNE 1992 LEASE PURCHASE, INSTALLMENT
BUYS.] (a) Upon application to, and approval by, the
commissioner in accordance with the procedures and limits in
subdivision 1, a district, as defined in this subdivision, may:
(1) purchase real property under an installment contract or
may lease real property with an option to purchase under a lease
purchase agreement, by which installment contract or lease
purchase agreement title is kept by the seller or vendor or
assigned to a third party as security for the purchase price,
including interest, if any; and
(2) annually levy the amounts necessary to pay the
district's obligations under the installment contract or lease
purchase agreement.
(b)(1) The obligation created by the installment contract
or the lease purchase agreement must not be included in the
calculation of net debt for purposes of section 475.53, and does
not constitute debt under other law.
(2) An election is not required in connection with the
execution of the installment contract or the lease purchase
agreement.
(3) The district may terminate the installment contract or
lease purchase agreement at the end of any fiscal year during
its term.
(c) The proceeds of the levy authorized by this subdivision
must not be used to acquire a facility to be primarily used for
athletic or school administration purposes.
(d) In this subdivision, "district" means:
(1) a school district required to have a comprehensive plan
for the elimination of segregation whose plan has been
determined by the commissioner to be in compliance with the
state board of education rules relating to equality of
educational opportunity and school desegregation; or
(2) a school district that participates in a joint program
for interdistrict desegregation with a district defined in
clause (1) if the facility acquired under this subdivision is to
be primarily used for the joint program.
(e) Notwithstanding subdivision 1, the prohibition against
a levy by a district to lease or rent a district-owned building
to itself does not apply to levies otherwise authorized by this
subdivision.
(f) Projects may be approved under this section by the
commissioner in fiscal years 1993, 1994, and 1995 only.
Sec. 31. Minnesota Statutes 1992, section 124.95,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the required eligible debt service levy revenue 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, excluding
obligations under section 124.2445, of the district for eligible
projects according to subdivision 2, including the amounts
necessary for repayment of energy loans according to section
216C.37 or sections 298.292 to 298.298, debt service loans and
capital loans, lease purchase payments under section 124.91,
subdivisions 2 and 3, minus
(2) the amount of debt service excess levy reduction for
that school year calculated according to the procedure
established by the commissioner.
(b) The obligations in this paragraph are excluded from
eligible debt service revenue:
(1) obligations under section 124.2445;
(2) the part of debt service principal and interest paid
from the taconite environmental protection fund or northeast
Minnesota economic protection trust; and
(3) obligations issued under Laws 1991, chapter 265,
article 5, section 18, as amended by Laws 1992, chapter 499,
article 5, section 24.
(c) For purposes of this section, if a preexisting school
district reorganized under section 122.22, 122.23, or 122.241 to
122.248 is solely responsible for retirement of the preexisting
district's bonded indebtedness, capital loans or debt service
loans, debt service equalization aid must be computed separately
for each of the preexisting school districts.
Sec. 32. Minnesota Statutes 1992, section 124.95,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) The following portions of a
district's debt service levy qualify for debt service
equalization:
(1) debt service for repayment of principal and interest on
bonds issued before July 2, 1992;
(2) debt service for bonds refinanced after July 1, 1992,
if the bond schedule has been approved by the commissioner and,
if necessary, adjusted to reflect a 20-year maturity schedule;
and
(3) debt service for bonds issued after July 1, 1992, for
construction projects that have received a positive review and
comment according to section 121.15, if the commissioner has
determined that the district has met the criteria under section
124.431, subdivision 2, and if the bond schedule has been
approved by the commissioner and, if necessary, adjusted to
reflect a 20-year maturity schedule.
(b) The criterion in section 124.431, subdivision 2,
paragraph (a), clause (2), shall be considered to have been met
if the district in the fiscal year in which the bonds are
authorized at an election conducted under chapter 475:
(i) serves an average of at least 66 pupils per grade in
the grades to be served by the facility; or
(ii) is eligible for sparsity revenue.
(c) The criterion described in section 124.431, subdivision
2, paragraph (a), clause (9), does not apply to bonds authorized
by elections held before July 1, 1992.
(d) Districts identified in Laws 1990, chapter 562, article
11, section 8, do not need to meet the criteria of section
124.431, subdivision 2, to qualify.
Sec. 33. Minnesota Statutes 1992, section 124.95,
subdivision 2a, is amended to read:
Subd. 2a. [NOTIFICATION.] A district eligible for debt
service equalization revenue under subdivision 2 must notify the
commissioner of the amount of its intended debt service levy
revenue calculated under subdivision 1 for all bonds sold prior
to the notification by July 1 of the calendar year the levy is
certified.
Sec. 34. Minnesota Statutes 1992, section 124.95,
subdivision 3, is amended to read:
Subd. 3. [DEBT SERVICE EQUALIZATION REVENUE.] (a) For
fiscal years 1995 and later, the debt service equalization
revenue of a district equals the required eligible debt service
levy revenue minus the amount raised by a levy of ten 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).
Sec. 35. Minnesota Statutes 1992, section 124.961, is
amended to read:
124.961 [DEBT SERVICE APPROPRIATION.]
(a) $6,000,000 is appropriated in fiscal year 1993 from the
general fund to the commissioner of education for payment of
debt service equalization aid under section 124.95. $17,000,000
in fiscal year 1994 and $21,000,000 $26,000,000 in fiscal year
1995 and each year thereafter is appropriated from the general
fund to the commissioner of education for payment of debt
service equalization aid under section 124.95. The 1994
appropriation includes $3,000,000 for 1993 and $14,000,000 for
1994.
(b) These amounts The appropriations in paragraph (a) must
be reduced by the amount of any money specifically appropriated
for the same purpose in any year from any state fund.
Sec. 36. [124C.60] [CAPITAL FACILITIES AND EQUIPMENT
GRANTS FOR COOPERATION AND COMBINATION.]
Subdivision 1. [ELIGIBILITY.] Two or more districts that
have a cooperation and combination plan approved by the state
board of education under section 122.242, may apply for a grant
of up to $100,000 under this section. The grant must be awarded
after the districts combine according to sections 122.241 to
122.248.
Subd. 2. [PROCEDURES.] The state board shall establish
procedures and deadlines for the grant application. The state
board shall review each application and may require
modifications consistent with sections 122.241 to 122.248.
Subd. 3. [USE OF GRANT MONEY.] The grant money may be used
for any capital expenditures specified in section 124.243 or
122.244.
Sec. 37. Minnesota Statutes 1992, section 134.31,
subdivision 1, is amended to read:
Subdivision 1. The state shall, as an integral part of its
responsibility for public education, support the provision of
library service for every citizen and, the development of
cooperative programs for the sharing of resources and services
among all libraries, and the establishment of jointly operated
library services at a single location where appropriate.
Sec. 38. Minnesota Statutes 1992, section 134.31,
subdivision 2, is amended to read:
Subd. 2. The department of education shall give advice and
instruction to the managers of any public library or to any
governing body maintaining a library or empowered to do so by
law upon any matter pertaining to the organization, maintenance,
or administration of libraries. The department may also give
advice and instruction, as requested, to post-secondary
educational institutions, state agencies, governmental units,
nonprofit organizations, or private entities. It shall assist,
to the extent possible, in the establishment and organization of
library service in those areas where adequate services do not
exist, and may aid in improving previously established library
services. The department shall also provide assistance to
school districts, regional library systems, and member libraries
interested in offering joint library services at a single
location.
Sec. 39. Minnesota Statutes 1992, section 134.32,
subdivision 8, is amended to read:
Subd. 8. (a) The state board shall promulgate rules
consistent with sections 134.32 to 134.35 governing:
(a) (1) applications for these grants;
(b) (2) computation formulas for determining the amounts of
establishment grants and regional library basic system support
grants; and
(c) (3) eligibility criteria for grants.
(b) To the extent allowed under federal law, a construction
grant applicant, in addition to the points received under
Minnesota Rules, part 3530.2632, shall receive an additional
five points if the construction grant is for a project combining
public library services and school district library services at
a single location.
Sec. 40. Minnesota Statutes 1992, 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
commissioner. The commissioner shall report the amount of the
excess 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. The commissioner shall prescribe the form
and calculation to be used in computing the excess amount. The
school board 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. 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 auditor 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. 41. [FACILITY REVENUE USE.]
Notwithstanding section 124.243, subdivision 6, for fiscal
years 1994 and 1995, a district may use up to one-third of its
capital expenditure facilities revenue for equipment uses under
section 124.244.
Sec. 42. [LEASE LEVY FOR ADMINISTRATIVE SPACE.]
Each year, upon approval of the commissioner of education,
independent school district No. 709, Duluth, may levy the amount
necessary to rent or lease administrative space so that space
being used for administrative purposes as of the effective date
of this section can be used for instructional purposes. In
granting approval under this section, the commissioner must
determine that the overall lease levy for the district would not
be higher than it would have been under Minnesota Statutes,
section 124.91, subdivision 1.
Sec. 43. [EXCEPTION TO LEASE LIMIT.]
Notwithstanding any law to the contrary, independent school
district No. 861, Winona, may enter into an agreement, for the
number of years stated in the agreement, with the city of
Rollingstone to lease space for educational purposes.
Upon approval by the commissioner of education, the
district may levy for as many years as required under the
agreement the amount necessary to make payments required by the
agreement. To obtain approval from the commissioner, the
district must demonstrate substantial collaboration with the
city in the use of the facility. The city must also agree to
contribute $100,000 toward the cost of the education portion of
the facility. The amount of the levy shall be annually included
in the district's debt service levy under Minnesota Statutes,
section 124.95, subdivision 1, for purposes of determining the
district's debt service equalization aid.
Sec. 44. [RADON TESTING; SCHOOL DISTRICTS.]
Subdivision 1. [VOLUNTARY PLAN.] The commissioners of
health and education may jointly develop a plan to encourage
school districts to accurately and efficiently test for the
presence of radon in public school buildings serving students in
kindergarten through grade 12. To the extent possible, the
commissioners shall base the plan on the standards established
by the United States Environmental Protection Agency.
Subd. 2. [RADON TESTING.] A school district may include
radon testing as a part of its health and safety plan. If a
school district receives authority to use health and safety
revenue to conduct radon testing, the district shall conduct the
testing according to the radon testing plan developed by the
commissioners of health and education.
Subd. 3. [REPORTING.] A school district that has tested
its school buildings for the presence of radon shall report the
results of its tests to the department of health in a form and
manner prescribed by the commissioner of health. A school
district that has tested for the presence of radon shall also
report the results of its testing at a school board meeting.
Sec. 45. [CAPITAL LOANS.]
Subdivision 1. [CAPITAL LOAN PRIORITIES.] Notwithstanding
Minnesota Statutes, section 124.431, subdivision 5, the capital
loan applications and the state board approvals of capital loans
for independent school districts No. 727, Big Lake, and No. 707,
Nett Lake, do not cancel until July 1, 1995. The school
districts listed in this section are the top priority for
funding capital loans until July 1, 1995. If either of these
capital loan projects remains unfunded, the commissioner shall
resubmit the loan application to the legislature by February 1,
1994, and February 1, 1995.
Subd. 2. [MAXIMUM EFFORT LOAN REVIEW.] When bonding is
authorized for the capital loans approved in this section, the
commissioner shall review the proposed plan and budgets of these
maximum effort school loan projects and may reduce the amount of
the loan to ensure that the project will be economical. The
commissioner may recover the cost incurred by the commissioner
for any professional services associated with the final review
by reducing the proceeds of the loan paid to the district.
Sec. 46. [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:
$73,290,000 ..... 1994
$75,980,000 ..... 1995
The 1994 appropriation includes $10,730,000 for 1993 and
$62,560,000 for 1994.
The 1995 appropriation includes $11,040,000 for 1994 and
$64,940,000 for 1995.
Subd. 3. [CAPITAL EXPENDITURE EQUIPMENT AID.] For capital
expenditure equipment aid according to Minnesota Statutes,
section 124.244, subdivision 3:
$36,049,000 ..... 1994
$37,390,000 ..... 1995
The 1994 appropriation includes $5,279,000 for 1993 and
$30,720,000 for 1994.
The 1995 appropriation includes $5,430,000 for 1994 and
$31,960,000 for 1995.
Subd. 4. [HEALTH AND SAFETY AID.] (a) For health and
safety aid according to Minnesota Statutes, section 124.83,
subdivision 5:
$11,260,000 ..... 1994
$18,924,000 ..... 1995
The 1994 appropriation includes $1,256,000 for 1993 and
$10,004,000 for 1994.
The 1995 appropriation includes $1,694,000 for 1994 and
$17,230,000 for 1995.
(b) $400,000 in fiscal year 1994 and $400,000 in fiscal
year 1995 is for health and safety management assistance
contracts under section 24.
(c) $60,000 of each year's appropriation shall be used to
contract with the state fire marshal to provide services under
Minnesota Statutes, section 121.502. This amount is in addition
to the amount for this purpose in article 11.
(d) For fiscal year 1995, the sum of total health and
safety revenue and levies under section 3 may not exceed
$64,000,000. The state board of education shall establish
criteria for prioritizing district health and safety project
applications not to exceed this amount.
(e) Notwithstanding section 124.14, subdivision 7, the
commissioner of education, with the approval of the commissioner
of finance, may transfer a projected excess in the appropriation
for health and safety aid for fiscal year 1995 to the
appropriation for debt service aid for the same fiscal year.
The projected excess amount and the projected deficit in the
appropriation for debt service aid must be determined and the
transfer made as of November 1, 1994. The amount of the
transfer is limited to the lesser of the projected excess in the
health and safety appropriation or the projected deficit in the
appropriation for debt service aid. Any transfer must be
reported immediately to the education committees of the house of
representatives and senate.
Subd. 5. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 124.95, subdivision 5:
$17,018,000 ..... 1994
$26,000,000 ..... 1995
$18,000 of the fiscal year 1994 appropriation is to correct
an erroneous proration of debt service equalization aid.
Subd. 6. [LIBRARY DEMONSTRATION GRANT.] For a
demonstration grant to encourage jointly operated library
services at a single location:
$30,000 ..... 1994
Within one year of receiving a grant under this
subdivision, the grant recipient must evaluate the jointly
operated library services and report the results of the
evaluation to the legislature.
Subd. 7. [PLANNING AND EXPENSES.] For a grant and
administrative expenses to facilitate planning for cooperative
secondary facilities for independent school district Nos. 341,
Atwater, 461, Cosmos, and 464, Grove City, acting under a joint
powers agreement:
$100,000 ..... 1994
Sec. 47. [EFFECTIVE DATE.]
Section 39 is effective July 1, 1996. Sections 18 and 20
are effective for cooperative secondary facilities grants
approved by the legislature after January 1, 1994.
ARTICLE 6
EDUCATION ORGANIZATION AND COOPERATION
Section 1. Minnesota Statutes 1992, section 120.0621, is
amended by adding a subdivision to read:
Subd. 3a. [CANADIAN PUPILS.] A pupil who resides in Canada
may enroll in a Minnesota school district if the province in
which the pupil resides pays tuition to the school district in
which the pupil is enrolled. A pupil may enroll either
full-time or part-time for all instructional programs and shall
be considered eligible for all other purposes for all other
programs offered by the district. The tuition must be an amount
that is at least comparable to the tuition specified in section
120.08, subdivision 1. A school district may accept funds from
any international agency for these programs.
Sec. 2. Minnesota Statutes 1992, section 121.912,
subdivision 6, is amended to read:
Subd. 6. [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.]
(a) 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, food service fund, and health and safety
account of the capital expenditure fund. Fund transfers under
this section may be made only during the year following the
effective date of reorganization.
(b) A district that has conducted a successful referendum
on the question of combination under section 122.243,
subdivision 2, may make permanent transfers between any of the
funds in the district with the exception of the debt redemption
fund, food service fund, and health and safety account of the
capital expenditure fund for up to one year prior to the
effective date of combination under sections 122.241 to 122.248.
Sec. 3. Minnesota Statutes 1992, section 121.931,
subdivision 5, is amended to read:
Subd. 5. [SOFTWARE DEVELOPMENT.] The state board, with the
advice of the ESV computer council, commissioner shall provide
for the development of applications software for ESV-IS and
SDE-IS. The state board may provide state or federal funds for
the development of software for an alternative management
information system only if it determines that this system may
have statewide applicability. Notwithstanding the foregoing,
the state board may, for innovative projects involving
computers, approve grants to districts pursuant to title IV of
the Elementary and Secondary Education Act of 1965 as amended,
or any other appropriate statute. The commissioner may charge
school districts or regional organizations for the actual cost
of software development used by the district or regional entity.
Any amount received is annually appropriated to the department
of education for this purpose.
Sec. 4. Minnesota Statutes 1992, section 122.22, is
amended by adding a subdivision to read:
Subd. 21. (a) In the year prior to the effective date of
the dissolution of a district, the school board of a district to
which all of the dissolving district is to be attached may adopt
a resolution directing the school board of the dissolving
district to certify levies for general education, basic
transportation, and capital expenditure equipment and facilities
in an amount not to exceed the maximum amount authorized for the
dissolving district for taxes payable in the year the
dissolution is effective. If the dissolving district is to be
attached to more than one school district, the boards of the
districts to which the dissolving district is to be attached may
adopt a joint resolution that accomplishes the purpose in this
paragraph.
(b) Notwithstanding any other law to the contrary, upon
receipt of a resolution under paragraph (a), the board of the
dissolving district must certify levies in the amounts specified
in the resolution for taxes payable in the year the dissolution
is effective.
Sec. 5. Minnesota Statutes 1992, 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, down payment
levies under section 124.82, and referendum levies;
(4) whether the cooperating or combined district will levy
for reorganization operating debt according to section 121.915,
clause (1); and
(5) two- and five-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. 6. Minnesota Statutes 1992, section 122.243,
subdivision 2, is amended to read:
Subd. 2. [VOTER APPROVAL.] 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 the referendum fails
again, the districts shall modify their cooperation and
combination plan. A third referendum may be conducted. If a
second or third referendum is conducted after October 1, the
newly combined district may not levy under section 124.2725
until the following year. Referendums shall be conducted on the
same date in all districts.
Sec. 7. Minnesota Statutes 1992, section 122.895, is
amended by adding a subdivision to read:
Subd. 10. [COOPERATIVES THAT MERGE.] Notwithstanding
subdivisions 1 to 9, the following paragraphs apply to
cooperatives that merge.
(a) If a cooperative enters into an agreement to merge with
another cooperative, the boards of the cooperatives and the
exclusive representatives of the teachers in the cooperatives
and the teachers in each member district may negotiate a plan to
assign or employ in a member district or to place on unrequested
leave of absence all teachers whose positions are discontinued
as a result of the agreement. If plans are negotiated and if
the boards determine the plans are compatible, the boards shall
include the plans in their agreement.
(b) If compatible plans are not negotiated under paragraph
(a) by the March 1 preceding the effective date of the merger of
the cooperatives, subdivisions 2 to 9 apply to teachers and
nonlicensed employees whose positions are terminated as a result
of an agreement to merge cooperatives.
Sec. 8. Minnesota Statutes 1992, 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 124.2715, subdivision 2;
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;
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. 9. Minnesota Statutes 1992, section 124.2725,
subdivision 2, is amended to read:
Subd. 2. [COOPERATION AND COMBINATION REVENUE.]
Cooperation and combination revenue equals, for each resident
and nonresident pupil receiving instruction in a cooperating or
combined district, $100 times the actual pupil units served in
the district. For purposes of this section, pupil units served
means the number of resident and nonresident pupil units in
average daily membership receiving instruction in the
cooperating or combined district. A district may not receive
revenue under this section if it levies under section 124.912,
subdivision 4.
Sec. 10. Minnesota Statutes 1992, section 124.2725,
subdivision 4, is amended to read:
Subd. 4. [INCREASING LEVY.] (a) For districts that did not
enter into an agreement under section 122.541 at least three
years before the date of a successful referendum held under
section 122.243, subdivision 2, and 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 entered into an agreement under
section 122.541 at least three years before the date of a
successful referendum held under section 122.243, subdivision 2,
and combine without cooperating, the percentages in subdivision
3, clause (2), shall be:
(1) 100 percent for the first year of combination;
(2) 75 percent for the second year of combination;
(3) 50 percent for the third year of combination; and
(4) 25 percent for the fourth year of combination.
(c) 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.
(c) (d) 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. 11. Minnesota Statutes 1992, section 124.2725,
subdivision 5, is amended to read:
Subd. 5. [COOPERATION AND COMBINATION AID.] (a) Districts
that did not enter into an agreement under section 122.541 at
least three years before the date of a successful referendum
held under section 122.243, subdivision 2, and 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 entered into an agreement under section
122.541 at least three years before the date of a successful
referendum held under section 122.243, subdivision 2, and
combine without cooperating shall receive cooperation and
combination aid for the first four years of combination. Aid
must not be paid after four years of combination.
(c) 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. Aid shall not be
paid after three years of combining.
(c) (d) 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. Aid shall not be paid after two years of combining.
(d) (e) 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. 12. Minnesota Statutes 1992, 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 according to the
following:
(1) for districts that did not enter into an agreement
under section 122.541 at least three years before the date of a
successful referendum held under section 122.243, subdivision 2,
and combine without cooperating, $100 times the actual pupil
units served in the district in the first year of combination;
or
(2) for districts that combine after one year or two years
of cooperation, $100 times the actual pupil units served 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 served 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 for districts that
entered into an agreement under section 122.541 at least three
years before the date of a successful referendum held under
section 122.243, subdivision 2, and combine without cooperating,
$100 times the pupil units served in the combined district for
the first two years of combination.
Sec. 13. Minnesota Statutes 1992, section 124.2725,
subdivision 9, is amended to read:
Subd. 9. [SUBSEQUENT DISTRICTS.] If a district
subsequently cooperates or combines with districts that have
previously received revenue under this section, the new district
shall receive revenue, according to subdivision 4 or 6, as
though it had been a party to the initial agreement follows:
(1) if the districts previously received revenue under
sections 10, paragraph (a), 11, paragraph (a), and 12, clause
(1), the new district will receive two years of revenue under
those provisions;
(2) if the districts previously received revenue under
sections 10, paragraph (b), (c), or (d), 11, paragraph (b), (c),
or (d), and 12, clause (2) or (3), the new district shall
receive four years of revenue under the applicable provisions of
sections 11 to 13. The previously cooperating or combined
districts may not receive revenue, according to subdivision 6 or
10, as though parties to a new agreement.
As of the effective date of a cooperation and combination
agreement between districts that have previously received
revenue under this section and a new district, the new group of
districts may not receive revenue in excess of the limit
specified in subdivision 10.
Sec. 14. Minnesota Statutes 1992, 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 served.
Revenue for cooperating districts subject to the limitation in
this subdivision shall be allocated according to the number of
pupil units served in the districts.
Sec. 15. Minnesota Statutes 1992, section 124.2725,
subdivision 13, is amended to read:
Subd. 13. [REVENUE FOR EXTENDED COOPERATION FAILURE TO
COMBINE.] A district has failed to combine if the state board
disapproves of the plan according to section 122.243,
subdivision 1, or if a second third referendum fails under
section 122.243, subdivision 2, cooperation and combination
revenue shall equal $50 times the actual pupil units or if the
commissioner of education determines that the districts involved
are not making sufficient progress toward combination.
(a) If a district has failed to combine, cooperation and
combination aid must be reduced by an amount equal to the aid
paid under subdivision 6 plus the difference between the aid
paid under subdivision 5 for the first two years of the
agreement and the aid that would have been paid if the revenue
had been $50 times the actual pupil units. If the aid is
insufficient to recover the entire amount, under subdivisions 5
and 6 shall not be paid and the authority to levy under
subdivision 4 ceases. The department of education shall reduce
other aids due the district to recover the entire an amount
equal to the aid paid under subdivision 6 plus the difference
between the aid paid under subdivision 5 and the aid that would
have been paid if the revenue had been $50 times the pupil units
served. The cooperation and combination levy shall be reduced
by an amount equal to the difference between the levy for the
first two years of the agreement and the levy that would have
been authorized if the revenue had been $50 times the actual
pupil units. A district that receives revenue under this
subdivision may not also receive revenue according to sections
124.2721 and 124.575.
(b) If a district has failed to combine, the authority to
levy for reorganization operating debt under section 122.531,
subdivision 4a, and for severance pay or early retirement
incentives under subdivision 15 ceases.
Sec. 16. Minnesota Statutes 1992, section 124.2727, is
amended to read:
124.2727 [INTERMEDIATE SCHOOL DISTRICT COOPERATION
REVENUE.]
Subd. 6. [LEVY AUTHORITY.] (a) For fiscal years prior to
fiscal year 1996, 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 special education
and secondary vocational education 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-elevenths 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) When a school district joins or withdraws from an
intermediate school district after July 1, 1991, the department
of education shall recalculate the levy certified for taxes
payable in 1989, for the purpose of determining the levy amount
authorized under paragraph (a), clause (1), to reflect the
change in membership of the intermediate school district. The
department shall recalculate the levy as though the intermediate
school district had certified the maximum permitted levy for
taxes payable in 1989.
This subdivision expires July 1, 1995.
Subd. 6a. [DISTRICT COOPERATION REVENUE.] A district's
cooperation revenue is equal to the greater of $50 times the
actual pupil units or $25,000.
Subd. 6b. [DISTRICT COOPERATION LEVY.] To receive district
cooperation revenue, a district may levy an amount equal to the
district's cooperation revenue multiplied by the lesser of one,
or the ratio of 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 $3,500.
Subd. 6c. [DISTRICT COOPERATION AID.] A district's
cooperation aid is the difference between its district
cooperation revenue and its district cooperation levy. If a
district does not levy the entire amount permitted, aid must be
reduced in proportion to the actual amount levied.
Subd. 6d. [REVENUE USES.] A district must place its
district cooperation revenue in a reserved account and may only
use the revenue to purchase goods and services from entities
formed for cooperative purposes or to otherwise provide
educational services in a cooperative manner. A district that
is a member of an intermediate school district organized
pursuant to chapter 136D may not access revenue under this
section.
Subd. 7. [CERTIFICATES OF INDEBTEDNESS.] After a levy has
been certified according to subdivision 6, an intermediate
school board may issue and sell certificates of indebtedness in
anticipation of the collection of levies, but in aggregate
amounts that will not exceed the portion of the levies which is
then not collected and not delinquent.
Subd. 8. [ADDITIONAL LEVY AUTHORITY.] A district other
than intermediate school district No. 287 on July 1, 1993, may
levy for taxes payable in 1995, $5 times the number of actual
pupil units, for taxes payable in 1996, $9 times the number of
actual pupil units, for taxes payable in 1997, $13 times the
number of actual pupil units and for taxes payable in 1998 and
thereafter, $17 times the number of actual pupil units in the
district for the year for which the levy is attributable.
(c) The levy revenue under this subdivision must be used
according to subdivision 6d. Of the levy revenue under
subdivision 8, paragraph (b), at least 55 percent must be spent
on secondary vocational programs.
Sec. 17. Minnesota Statutes 1992, section 124.914, is
amended by adding a subdivision to read:
Subd. 4. [1992 OPERATING DEBT.] (a) Each year, a district
that has filed a plan pursuant to section 121.917, subdivision
4, may levy, with the approval of the commissioner, to eliminate
a deficit in the net unappropriated balance in the operating
funds of the district, determined as of June 30, 1992, and
certified and adjusted by the commissioner. Each year this levy
may be an amount not to exceed the greater of:
(1) an amount raised by a levy of a net tax rate of one
percent times the adjusted net tax capacity; or
(2) $100,000.
This amount shall be reduced by referendum revenue authorized
under section 124A.03 pursuant to the plan filed under section
121.917. However, the total amount of this levy for all years
it is made shall not exceed the amount of the deficit in the net
unappropriated balance in the operating funds of the district as
of June 30, 1992. When the cumulative levies made pursuant to
this subdivision equal the total amount permitted by this
subdivision, the levy shall be discontinued.
(b) A district, if eligible, may levy under this
subdivision or subdivision 2 or 3, or under section 122.531,
subdivision 4a, or Laws 1992, chapter 499, article 7, sections
16 or 17, but not under more than one.
(c) The proceeds of this levy shall be used only for cash
flow requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(d) Any district that levies pursuant to this subdivision
shall certify the maximum levy allowable under section 124A.23,
subdivision 2, in that same year.
Sec. 18. [EDUCATION DISTRICT LEVY ADJUSTMENT FOR FISCAL
YEAR 1994.]
Notwithstanding any other law to the contrary, a school
district that certified a levy under Minnesota Statutes, section
124.2721, subdivision 3, in 1992 for taxes payable for 1993 may
levy in 1993 for taxes payable in 1994 up to an amount equal to:
(1) the difference between $50 times the actual pupil units
for fiscal year 1994 of the education district for which the
school district belonged, and the amount of the education
district levy calculated according to Minnesota Statutes,
section 124.2721, subdivision 3, for fiscal year 1994, times
(2) the ratio of the adjusted net tax capacity of the
school district to the adjusted net tax capacity of the
education district.
The amount of the levy permitted under this section must be
transferred to the education district board under Minnesota
Statutes, section 124.2721, subdivision 3a.
Sec. 19. [REFERENDUM EXCEPTION.]
Notwithstanding Minnesota Statutes, section 122.243,
subdivision 2, a referendum on the question of combination may
be held in independent school district No. 893, Echo, any time
after the state board approves its plan for cooperation and
combination.
Sec. 20. [FIRST YEAR OF COOPERATION SPECIFIED.]
For the purpose of receiving additional cooperation and
combination aid under Minnesota Statutes, section 124.2725,
subdivision 6, the first year of cooperation for independent
school district Nos. 918, Chandler-Lake Wilson, and 504,
Slayton, is fiscal year 1993.
Sec. 21. [VERDI DISSOLUTION; REFERENDUM REVENUE.]
Notwithstanding Minnesota Statutes, section 122.531,
subdivision 2, as of the effective date of the dissolution of
independent school district No. 408, Verdi, and the attachment
of part of its territory to independent school district No. 404,
Lake Benton, the authorization for all referendum revenues
previously approved by the voters of school district No. 404,
Lake Benton, is the tax rate times the net tax capacity of the
enlarged independent school district No. 404. Any new
referendum revenue is authorized only after approval is granted
by the voters of the entire enlarged district in an election
under Minnesota Statutes, section 124A.03, subdivision 2.
Sec. 22. [LAKE BENTON, PIPESTONE AGREEMENT.]
(a) The school board and exclusive bargaining
representative of the teachers in independent school districts
No. 404, Lake Benton, and No. 583, Pipestone, may negotiate a
plan to assign to district No. 583 up to 1.2 FTE positions of
the teachers in district No. 404, for up to five years following
the dissolution of independent school district No. 408, Verdi.
A teacher in district No. 583 who is placed on unrequested leave
of absence may not assert reinstatement, realignment, or bumping
rights to those 1.2 FTE positions.
(b) Paragraph (a) applies to employment agreements amended,
renewed, or entered into after the effective date of this
section.
Sec. 23. [LAC QUI PARLE VALLEY DISTRICT NO. 6011.]
Independent school districts that belong to joint powers
district No. 6011, Lac qui Parle Valley, may use cooperation and
combination revenue received under Minnesota Statutes, section
124.2725, for expenses specified in Minnesota Statutes, section
124.2725, subdivision 11, that were incurred in the process of
establishing or operating the cooperative secondary facility
operated by joint powers district No. 6011, Lac qui Parle
Valley, before cooperation and combination revenue was received.
Sec. 24. [ALTERNATIVE REFERENDUM COMBINATION METHOD.]
Subdivision 1. [ALTERNATIVE METHOD.] Notwithstanding
Minnesota Statutes, sections 122.247, subdivision 1, and
122.531, if independent school district No. 233,
Preston-Fountain, and No. 228, Harmony, consolidate effective
July 1, 1995, the referendum revenue authorization for the new
district created by that consolidation may be any local tax rate
that would raise an amount for the first year that does not
exceed the combined dollar amount of the referendum revenues
authorized by each of the component districts for fiscal year
1995.
Subd. 2. [INCLUDE REFERENDUM AUTHORIZATION IN COMBINATION
PLAN.] (a) Referendum revenue authorization may be calculated
under subdivision 1 only if:
(1) independent school district No. 233, Preston-Fountain
and No. 228, Harmony, specify the dollar amount of the
referendum revenue authority for the consolidated district and
the number of years that the referendum revenue authorization is
in effect in the cooperation and combination plan adopted under
Minnesota Statutes, section 122.242; and
(2) the referendum information in clause (1) is included in
the summary of the plan that is published in the official
newspaper of each district under Minnesota Statutes, section
122.242, subdivision 1.
(b) If the dollar amount of referendum revenue authority
required under paragraph (a), clause (1), is not available at
the time the cooperation and combination plan is submitted to
the department of education, the districts may use an estimate
calculated by the department.
Sec. 25. [EDUCATION DELIVERY SERVICE PLANNING AND REVIEW.]
Subdivision 1. [EDUCATION DELIVERY SERVICE PLANNING
PROCESS.] Each school district must submit a plan for the
delivery of education programs and services within the new
education delivery system required under Laws 1992, chapter 499,
article 6, section 33, subdivision 4, to the commissioner of
education by August 1, 1993. A group of districts may submit a
joint plan. The commissioner shall submit the plans to the
review panel established under subdivision 2.
Subd. 2. [REVIEW PANEL.] A panel is established to review
each of the plans submitted to the commissioner under
subdivision 1 and make recommendations to the legislature
concerning the design and implementation of a preK-12 and
community education service delivery system.
Subd. 3. [MEMBERSHIP OF THE PANEL.] The review panel
established under subdivision 2 shall consist of nine members:
(1) the commissioner of education or a designee appointed
by the commissioner;
(2) one representative of the Minnesota association of
school administrators;
(3) one representative of the Minnesota federation of
teachers;
(4) one representative of the Minnesota education
association;
(5) one representative of the Minnesota school boards
association;
(6) one representative of the Minnesota business
partnership; and
(7) one school principal jointly agreed on by the Minnesota
association of secondary school principals and the Minnesota
elementary school principals association.
Two members of the legislature shall be appointed to the
review panel. The subcommittee on committees of the committee
on rules and administration of the senate shall appoint one
member of the senate. The speaker of the house of
representatives shall appoint one member of the house.
Subd. 4. [REVIEW PANEL SELECTION PROCESS.] To determine
who shall serve as a representative of each organization listed
in subdivision 3, clauses (2) to (7), each organization shall
submit the names of three individuals for each representative
the organization shall have on the panel to the co-chairs of the
education committee of the senate, the chair of the house
education committee, and the chair of the house K-12 education
finance division. Each of the three individuals must represent
a different geographic area of the state. The house and senate
chairs shall jointly select one of the three names for each
representative submitted by each organization to serve on the
review panel. The chairs must consider geographic balance when
selecting the representatives.
Subd. 5. [REVIEW PANEL RESPONSIBILITIES.] The review panel
shall submit a summary of the school district plans received
from the commissioner under subdivision 1 and recommendations on
the following items to the legislature by January 15, 1994:
(1) the services that should be provided by each of the
three components of the education service delivery system that
is described in Laws 1992, chapter 499, article 6, section 33,
subdivision 3: the school district, the area education
organization, and the central and regional delivery centers of
the department of education;
(2) the optimal number of school districts and pupils that
an area education organization should serve;
(3) the boundaries of area education organizations;
(4) a funding mechanism for providing services through the
area education organization;
(5) 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
(6) the optimal process for implementing the new preK-12
and community education service delivery system by July 1, 1995.
The review panel shall also consider how services such as
special education, vocational education, technology
applications, joint purchasing, and management information are
provided to multiple school districts through joint powers
agreements under Minnesota Statutes, section 471.59.
Subd. 6. [EXPENSES AND REIMBURSEMENTS.] Members of the
review panel shall be reimbursed for expenses as provided under
Minnesota Statutes, section 15.059, subdivision 3. Members of
the panel shall not receive any per diem payments.
Subd. 7. [STAFF ASSISTANCE.] The education committees of
the legislature and the department of education shall provide
staff assistance to the review panel.
Sec. 26. [DIRECT REPORTING PILOT SITES.]
Notwithstanding sections 121.935 and 121.936, the
department of education may designate six local education
agencies as pilot sites to demonstrate the implementation of
direct reporting of uniform financial accounting and reporting
standards (UFARS) data elements as well as staff and student
essential data elements. The department shall specify the
criteria for local education agency participation and for vendor
system data and edit requirements utilized in the pilot.
Sec. 27. [REORGANIZATION OPERATING DEBT LEVY IN TAYLORS
FALLS-CHISAGO LAKES COMBINATION.]
Notwithstanding Minnesota Statutes 1992, section 122.531,
subdivision 4a, or any other law to the contrary, any
reorganization operating debt levy contained in the approved
cooperation and combination plan for independent school district
No. 140, Taylors Falls, and independent school district No. 141,
Chisago Lakes, may be certified over a period of seven years.
Sec. 28. [RETIRED EMPLOYEE HEALTH BENEFITS LEVY.]
Subdivision 1. Notwithstanding any other law to the
contrary, in the consolidated school district consisting in
whole or in part of former independent school district No. 692,
Babbitt, and independent school district No. 710, St. Louis
county, any amount levied under section 124.916, subdivision 2,
or any other law to pay the health insurance or unreimbursed
medical expenses of retirees of the former independent school
district No. 692, may only be certified and spread on property
which was taxable in the former independent school district No.
692.
Subd. 2. Any reduction in the levy of the consolidated
school district consisting in whole or in part of former
independent school district No. 692 and independent school
district No. 710 under section 124.918, subdivision 8, must be
applied first to the levy in subdivision 1 and then to any
remaining levy as provided under section 124.918, subdivision 8.
Sec. 29. [INTERMEDIATE GOVERNANCE STRUCTURE AND
TRANSITION.]
Subdivision 1. [PLAN.] School districts, based on the
planning process required under Laws 1992, chapter 499, article
6, section 33, may either purchase goods and services through
informal cooperative arrangements or may enter into agreements
through Minnesota Statutes, section 471.59, to act cooperatively.
Subd. 2. [TRANSITION.] Any unresolved disputes regarding
the allocation of assets and liabilities resulting from the
repeal of the enabling legislation for various entities by Laws
1992, chapter 499, article 6, section 39, subdivision 3, as
amended by Laws 1992, chapter 603, section 10, and not governed
by the applicable agreement or enabling legislation for that
entity may be appealed by any party to the dispute to the
commissioner of education. The determination of the
commissioner shall be final and binding.
Sec. 30. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
or other named fund to the department of education for the
fiscal years designated.
Subd. 2. [COOPERATION AND COMBINATION AID.] For aid for
districts that cooperate and combine according to Minnesota
Statutes, section 124.2725:
$3,516,000 ..... 1994
$3,979,000 ..... 1995
The 1994 appropriation includes $591,000 for 1993 and
$2,925,000 for 1994.
The 1995 appropriation includes $516,000 for 1994 and
$3,463,000 for 1995.
Subd. 3. [EDUCATIONAL COOPERATIVE SERVICE UNITS.] (a) For
educational cooperative service units:
$733,000 ..... 1994
$110,000 ..... 1995
The 1994 appropriation includes $110,000 for fiscal year
1993 and $623,000 for fiscal year 1994.
The 1995 appropriation includes $110,000 for 1994.
(b) Money from this appropriation may be transmitted to
ECSU boards of directors for general operations in amounts of up
to $66,700 per ECSU for fiscal year 1994. 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 $133,400 for fiscal year 1994.
(c) 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. 4. [MANAGEMENT INFORMATION CENTERS.] For management
information subsidies:
$3,275,000 ..... 1994
$356,000 in fiscal year 1994 is for software support of the
ESV information system.
Subd. 5. [SECONDARY VOCATIONAL COOPERATION AID.] For
secondary vocational cooperative aid according to Minnesota
Statutes, section 124.575:
$142,000 ..... 1994
$ 24,000 ..... 1995
The 1994 appropriation includes -$0- for 1993 and $142,000
for 1994.
The 1995 appropriation includes $24,000 for 1994.
Subd. 6. [DISTRICT COOPERATION REVENUE.] For cooperation
revenue according to section 16:
$7,960,000 ..... 1995
The 1995 appropriation is based on an entitlement of
$9,364,000 for fiscal year 1995.
Subd. 7. [MOUNTAIN IRON-BUHL SCHOOL DISTRICT.] For
independent school district No. 712, Mountain Iron-Buhl:
$75,000 ..... 1994
$75,000 ..... 1995
Sec. 31. [LEGISLATIVE COORDINATING COMMISSION.]
$15,000 is appropriated in fiscal year 1994 from the
general fund to the legislative coordinating commission to
reimburse the expenses of the review panel under the education
delivery service planning and review as provided in section 25.
Sec. 32. [REPEALER.]
Minnesota Statutes 1992, sections 124.2721; 124.2725,
subdivision 8; and 124.575, subdivisions 2 and 4; 124.912,
subdivisions 4 and 5, are repealed.
Sec. 33. [EFFECTIVE DATE.]
Sections 3 and 8 are effective July 1, 1994. Section 28,
subdivisions 1 and 2, are effective for taxes payable in 1994
and thereafter.
Sections 7, 13, 19, and 22 are effective the day following
final enactment.
ARTICLE 7
COMMITMENT TO EXCELLENCE
Section 1. [PURPOSE.]
The purpose of this article is to implement the mission of
public education in Minnesota as stated below through innovation
and systemic restructuring.
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. [121.602] [EDUCATIONAL EFFECTIVENESS PROGRAM.]
Subdivision 1. [PROGRAM OUTCOMES.] The outcomes of the
educational effectiveness program are to:
(1) increase meaningful parental involvement in site-based
decision making;
(2) improve results-oriented instructional processes;
(3) create flexible school-based organizational structures;
and
(4) improve student achievement.
Subd. 2. [ADVISORY TASK FORCE; PROGRAM
IMPLEMENTATION.] The commissioner of education shall develop and
maintain a program of educational effectiveness and
results-oriented instruction. The commissioner may appoint an
advisory task force to assist the department of education in
developing an implementation program for providing staff
development to school district staff in educational
effectiveness. The program shall be based on established
principles of instructional design and the essential elements of
effective instruction as determined by educational research.
The program shall take into account the diverse needs of the
school districts due to such factors as district size and
location.
Subd. 3. [EVALUATION AND REPORT.] The commissioner shall
annually provide for independent evaluation of the effectiveness
of this section. The evaluation shall measure the extent to
which the outcomes defined in subdivision 1 are met and the cost
effectiveness of any funding for the program. The evaluation
shall also determine to what extent the program has a measurable
impact on student achievement at the site level.
Subd. 4. [EDUCATIONAL EFFECTIVENESS STAFF
DEVELOPMENT.] The department of education shall provide
assistance to the school districts in implementing an
educational effectiveness program. In selecting an agency to
provide assistance to the school districts, the department shall
consider such factors as support of the proposal by the
participating school districts and the extent to which the
proposal provides for participation by school district staff.
The department shall evaluate the performance of the service
providers. The staff development shall be facilitated by
building level decision-making teams. The staff development
shall include clarification of individual school missions,
goals, expectations, enhancement of collaborative planning and
collegial relationships among the building staff, improvement of
curriculum, assessment, instructional and organizational skills,
improvement of financial and management skills, and planning of
other staff development programs.
Subd. 5. [SCHOOL IMPROVEMENT INCENTIVE GRANTS.] The state
board of education shall develop criteria to provide school
improvement incentive grants to schools sites. The criteria
must include the extent to which a site has implemented the
characteristics of the educational effectiveness program and
demonstrated improvement in student achievement of education
outcomes. Notwithstanding any law to the contrary, the grant
must remain under the control of the site decision-making team
or principal at the site and may be used for any purpose
determined by the team. A school board may not reduce other
funding otherwise due the site. A grant may not exceed $60,000
per site in any fiscal year.
Sec. 3. Minnesota Statutes 1992, section 121.612,
subdivision 2, is amended to read:
Subd. 2. [CREATION OF FOUNDATION.] There is created the
Minnesota academic excellence foundation. The purpose of the
foundation shall be to promote academic excellence in Minnesota
public and nonpublic schools and communities through
public-private partnerships. The foundation shall be a
nonprofit organization. The board of directors of the
foundation and foundation activities are under the direction of
the state board of education.
Sec. 4. Minnesota Statutes 1992, section 121.612,
subdivision 4, is amended to read:
Subd. 4. [FOUNDATION PROGRAMS.] The foundation may develop
programs that advance the concept of educational excellence.
These may include, but are not limited to:
(a) recognition programs and awards for students
demonstrating academic excellence;
(b) summer institute programs for students with special
talents;
(c) recognition programs for teachers, administrators, and
others who contribute to academic excellence;
(d) summer mentorship programs with business and industry
for students with special career interests and high academic
achievements;
(e) governor's awards ceremonies and special campaigns to
promote awareness and expectation for academic competition
achievement; and
(f) an academic league to provide organized challenges
requiring cooperation and competition for public and nonpublic
pupils in elementary and secondary schools;
(g) systemic transformation initiatives and assistance and
training to community teams to increase school performance in
the state's education institutions through strategic quality
planning for continuous improvement, empowerment of multiple
stakeholders, validation of results via customer-supplier
relationships, and a total system approach based on best
practices in key process areas; and
(h) activities to measure customer satisfaction for
delivery of services to education institutions in order to plan
for and implement continuous improvement.
To the extent possible, the foundation shall make these
programs available to students in all parts of the state.
Sec. 5. [121.919] [FINANCIAL MANAGEMENT ASSISTANCE AND
TRAINING TO SCHOOL DISTRICTS AND SCHOOL SITES.]
The department of education shall make available to school
districts and individual school sites assistance and training in
financial management. The assistance and training shall be in
at least the following areas:
(1) provision of an updated uniform financial and reporting
system manual in both hard copy and computerized form which will
be applicable to both the school district and to a school site
under site-based management;
(2) regularly scheduled training and assistance in
accounting and financial operations, and special assistance as
requested;
(3) long-term financial planning, including that involved
with district reorganization;
(4) district and school level expenditure and revenue
budgeting and other fiscal and organizational requirements,
including that under site-based management;
(5) assistance with school, district, and regional capital
budget planning; and
(6) the development of a model reporting system for school
sites for resource use and outcome achievement. The model shall
include characteristics about the student population, staffing
levels, and achievement results attributable to the
instructional and organizational structure of the school site.
Sec. 6. Minnesota Statutes 1992, section 123.33, is
amended by adding a subdivision to read:
Subd. 2a. [SCHOOL BOARD MEMBER TRAINING.] A member must
receive training in school finance and management developed in
consultation with the Minnesota school boards association and
consistent with section 9. The school boards association shall
make available to each newly-elected school board member
training in school finance and management consistent with
section 9 within 180 days of that member taking office. The
program shall be developed in consultation with the department
of education and appropriate representatives of higher education.
Sec. 7. Minnesota Statutes 1992, section 123.951, is
amended to read:
123.951 [SCHOOL SITE MANAGEMENT DECISION-MAKING AGREEMENT.]
(a) A school board may enter into an agreement with a
school site management decision-making team concerning the
governance, management, or control of any school in the
district. Upon a written request from a proposed school
site management decision-making team, an initial school
site management decision-making team shall be appointed by the
school board and 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, or others
determined appropriate by the board. The school site management
decision-making team shall include the school principal or other
person having general control and supervision of the school.
(b) School site management decision-making agreements must
focus on creating management delegate powers and duties to site
teams and in involving involve staff members, students as
appropriate, and parents in decision making.
(c) An agreement may include:
(1) a strategic plan for districtwide decentralization of
resources developed through staff participation; a mechanism to
implement flexible support systems for improvement in student
achievement of education outcomes;
(2) a decision-making structure that allows teachers to
identify instructional problems and control and apply 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 financial and personnel resources are
best allocated and to act as advocates for additional resources
on behalf of the entire school at the site and from whom goods
or services are purchased;
(4) a mechanism to implement parental involvement programs
under section 126.69 and to provide for effective parental
communication and feedback on this involvement at the site
level;.
(5) a provision that would allow the team to determine who
is hired into licensed and nonlicensed positions;
(6) a provision that would allow teachers to choose the
principal or other person having general control;
(7) direct contact with other social service providers;
(8) inservice training for site decision-making team
members for financial management of school sites; and
(9) any other powers and duties determined appropriate by
the board.
The school board of the district remains the legal employer
under clauses (5) and (6).
(d) Any powers or duties not 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. 8. Minnesota Statutes 1992, section 124.19,
subdivision 5, is amended to read:
Subd. 5. [SCHEDULE ADJUSTMENTS.] (a) It is the intention
of the legislature to encourage efficient and effective use of
staff and facilities by school districts. School districts are
encouraged to consider both cost and energy saving measures.
(b) Notwithstanding the provisions of subdivision 1 or 4,
any district operating a program pursuant to sections 120.59 to
120.67, 121.585 or 125.701 to 125.705, or operating a
commissioner-designated area learning center program under
section 124C.49, or that otherwise receives the approval of the
commissioner to operate its instructional program to avoid an
aid reduction in any year, may adjust the annual school schedule
for that program throughout the calendar year so long as the
number of instructional hours in the year is not less than the
number of instructional hours per day specified in the rules of
the state board multiplied by the minimum number of
instructional days required by subdivision 1.
Sec. 9. Minnesota Statutes 1992, section 124.195,
subdivision 10, is amended to read:
Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 8, 9, and 11, each fiscal year, all education aids
and credits in this chapter and chapters 121, 123, 124A, 124B,
125, 126, 134, and section 273.1392, shall be paid at 90 percent
for districts operating a program under section 121.585 for
grades 1 to 12 for all students in the district and 85 percent
for other districts of the estimated entitlement during the
fiscal year of the entitlement, unless a higher rate has been
established according to section 121.904, subdivision 4d. The
amount of the actual entitlement, after adjustment for actual
data, minus the payments made during the fiscal year of the
entitlement shall be paid as the final adjustment payment
according to subdivision 6.
Sec. 10. Minnesota Statutes 1992, 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 (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 15 percent per year for
districts operating a program under section 121.585 for grades 1
to 12 for all students in the district and 12-1/2 percent per
year for other districts 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
169.01, subdivision 6, paragraph (c), 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) "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;
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.
(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 pupils with a
disability between home or a respite care facility and school or
other buildings where special instruction required by section
120.17 is provided.
(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.
(e) "Current year" means the school year for which aid will
be paid.
(f) "Base year" means the second school year preceding the
school year for which aid will be paid.
(g) "Base cost" means the ratio of:
(1) the sum of the authorized cost in the base year for
regular transportation as defined in paragraph (b) plus the
actual cost in the base year for excess transportation as
defined in paragraph (c);
(2) to the sum of the number of weighted FTE pupils
transported in the regular and excess categories in the base
year.
(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.
(i) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(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.
(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.
(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).
(m) "Adjusted predicted base cost" means the predicted base
cost as computed in subdivision 3a as adjusted under subdivision
7a.
(n) "Regular transportation allowance" means the adjusted
predicted base cost, inflated and adjusted under subdivision 7b.
Sec. 11. Minnesota Statutes 1992, 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 15 percent per
year for districts operating a program under section 121.585 for
grades 1 to 12 for all students in the district and 12-1/2
percent per year for other districts 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 7d.
Sec. 12. Minnesota Statutes 1992, section 124.91,
subdivision 5, is amended to read:
Subd. 5. [INTERACTIVE TELEVISION.] (a) A school district
with its central administrative office located within economic
development region one, two, three, four, five, six, seven,
eight, nine, and ten may levy apply to the commissioner of
education for ITV revenue up to the greater of .5 percent of the
adjusted net tax capacity of the district or $20,000 $25,000 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 1 shall apply to the levy authority revenue
in this subdivision. In granting the approval, the commissioner
must consider whether the district is maximizing efficiency
through peak use and off-peak use pricing structures.
(b) To obtain ITV revenue, a district may levy an amount
not to exceed the district's ITV 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 prior to the year the levy is certified; to
(2) 100 percent of the equalizing factor as defined in
section 124A.02, subdivision 8, for the year to which the levy
is attributable.
(c) A district's ITV aid is the difference between its ITV
revenue and the ITV levy.
Sec. 13. Minnesota Statutes 1992, section 124.912, is
amended by adding a subdivision to read:
Subd. 8. [OUTPLACEMENT LEVY.] Upon the recommendation of a
school's mentoring team, a school district may levy the amounts
necessary to pay the cost of outplacement services for licensed
teachers, including counseling and job search costs.
Sec. 14. Minnesota Statutes 1992, section 124A.29,
subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT, AND VIOLENCE PREVENTION
PARENTAL INVOLVEMENT PROGRAMS REVENUE.] (a) Of a district's
basic revenue under section 124A.22, subdivision 2, an amount
equal to $15 one percent in fiscal year 1994, two percent in
fiscal year 1995, and thereafter times the formula allowance
times the number of actual pupil units shall be reserved and may
be used only to provide staff time for in-service education
for violence prevention programs under section 126.77,
subdivision 2, challenging instructional activities and
experiences or staff development programs, including
outcome-based education, for the purpose of improving student
achievement of education outcomes under section 126.70,
subdivisions 1 and 2a. The school board shall determine the
staff development activities to provide, the manner in which
they will be provided, and the extent to which other local funds
may be used to supplement staff development activities. The
school board shall initially allocate 50 percent of the revenue
to each school site in the district on a per teacher basis. The
board may retain 25 percent to be used for district wide staff
development efforts. The remaining 25 percent of the revenue
shall be used to make grants to school sites that demonstrate
exemplary use of allocated staff development revenue. A grant
may be used for any purpose determined by the site
decision-making team. The site decision-making team must
demonstrate to the school board the extent to which staff at the
site have met the outcomes of the program. The board may
withhold a portion of initial allocation of revenue if the staff
development outcomes are not being met.
(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 126.69. A
district may use up to $1 of the $5 times the number of actual
pupil units for promoting parental involvement in the PER
process.
Sec. 15. Minnesota Statutes 1992, section 124A.291, is
amended to read:
124A.291 [RESERVED REVENUE FOR CAREER CERTAIN TEACHER
PROGRAM.]
A district that has a career teacher program or a
mentor-teacher program may reserve part of the basic revenue
under section 124A.22, subdivision 2, for the district's
share, according to section 124.276, of the portion of the
teaching contract that is in addition to the standard teaching
contract of the district.
Sec. 16. [124A.292] [STAFF DEVELOPMENT INCENTIVE.]
Subdivision 1. [ELIGIBILITY.] A school site is eligible
for revenue under this section if it has implemented an
outplacement program on an ongoing basis to counsel staff and
has implemented a program according to section 125.231.
Subd. 2. [REVENUE.] Staff development incentive revenue is
equal to the number of teachers at the site times $25.
Subd. 3. [STAFF DEVELOPMENT LEVY.] A district's levy
equals its 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.
Subd. 4. [STAFF DEVELOPMENT AID.] A district's aid equals
its revenue minus its levy times the ratio of the actual amount
levied to the permitted levy.
Subd. 5. [USE.] The revenue must be used at the site for
staff development purposes.
Sec. 17. Minnesota Statutes 1992, section 125.05,
subdivision 1a, is amended to read:
Subd. 1a. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.]
(a) The board of teaching shall issue licenses under its
jurisdiction to persons the board finds to be qualified and
competent for their respective positions.
(b) The board shall require a person to successfully
complete an examination of skills in reading, writing, and
mathematics before being admitted to a post-secondary teacher
preparation program approved by the board if that person seeks
to qualify for an initial teaching license to provide direct
instruction to pupils in kindergarten, elementary, secondary, or
special education programs.
(c) Before admission to a pilot internship program, the
board shall require a person to successfully complete an
examination of general pedagogical knowledge. Before granting a
first continuing license to participants in the pilot projects,
the board shall require a person to successfully complete a
supervised and assessed internship in a professional development
school and an examination of licensure-specific teaching
skills. The board shall determine effective dates for the
examination of general pedagogical knowledge, the internship,
and examinations of licensure-specific skills.
Sec. 18. Minnesota Statutes 1992, section 125.138, is
amended to read:
125.138 [FACULTY EXCHANGE AND TEMPORARY ASSIGNMENT
PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A program of faculty
exchange is collaboration shall be established to allow school
districts and post-secondary institutions to arrange temporary
exchanges between members of their instructional
staffs placements in each other's institutions. 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 educator may teach courses, provide counseling
and tutorial services, assist with the preparation of future
teachers educators, 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 in school administration. 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 Temporary placements 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 educator 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
educator 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.
Subd. 4. [EDUCATORS' EMPLOYMENT; CONTINUATION.] An
educator who held a temporary position or an exchanged position
under section 125.138 shall be continued in or restored to the
position previously held, or to a position of like seniority,
status, and pay upon return. Retirement benefits under an
employer-sponsored pension or retirement plan shall not be
reduced because of time spent on an exchange or temporary
position under section 125.138.
Subd. 5. [ENTITLEMENT TO BENEFITS AND POSITION.] An
educator who is continued in or restored to a position in
accordance with subdivision 4:
(1) shall be continued or restored without loss of
seniority; and
(2) may participate in insurance or other benefits offered
by the employer under its established rules and practices.
Subd. 6. [GRANTS.] The department of education shall award
grants to public post-secondary teacher preparation programs and
school districts that collaborate on staff exchanges or
temporary placements. One institution must be identified as the
fiscal agent for the grant.
Subd. 7. [PURPOSE OF THE GRANTS.] School districts and
post-secondary institutions are encouraged to collaborate by
allowing educators to exchange positions, team teach, or hold
temporary positions of no longer than one academic year in the
other's institutions. No loss of salary or benefits shall
occur. Grants shall be used to ensure no loss of status,
retirement, and insurance benefits.
Subd. 8. [APPLICATION PROCESS.] The department of
education shall develop and publicize the process by which
school districts, the University of Minnesota and its campuses,
and the state universities which have teacher and administrator
preparation programs may apply for grants.
Subd. 9. [CRITERIA.] The department of education shall
evaluate proposals using the following criteria:
(1) evidence of collaborative arrangements between
post-secondary educators and early childhood through grade 12
educators;
(2) evidence that outstanding early childhood through grade
12 educators will be involved in post-secondary classes and
programs, including presentations, discussions, teaming, and
responsibility for teaching some post-secondary courses;
(3) evidence that post-secondary educators will have direct
experience working in a classroom or school district, including
presentations, discussions, teaming, and responsibility for
teaching some early childhood through grade 12 classes; and
(4) evidence of adequate financial support from employing
and receiving institutions.
Subd. 10. [EVALUATION.] The department of education shall
evaluate the results of the grants provided under subdivision 6
and make recommendations to the legislature and governor
regarding future funding in the 1995 biennial budget document.
Subd. 11. [GRANT LIMITATIONS; PROPOSALS.] All grants shall
be for salary and benefit costs beyond those normally covered by
each of the institutions involved in the exchange or temporary
assignment. Staff exchanging positions or placed in temporary
assignments shall not suffer loss of salary, benefits, or
retirement benefits. A grant from the department of education
shall cover 50 percent of the excess costs with the remainder of
the excess costs shared equally by the school district and the
post-secondary institution.
Sec. 19. [125.178] [ELEMENTARY PREPARATION TIME.]
The school board and the exclusive representative of the
teachers may negotiate an agreement to provide daily preparation
time for elementary school teachers. Failing to successfully
negotiate such an agreement, provisions of Minnesota Rules, part
3500.1400, subpart 3, apply.
Sec. 20. [125.230] [TEACHING RESIDENCY PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A school district with a
teaching residency plan approved by the board of teaching may
hire graduates of approved Minnesota teacher preparation
programs as teaching residents. A district shall employ each
resident for one school year. The district and the resident may
agree to extend the residency for one additional school year. A
school may employ no more than one teaching resident for every
eight full-time equivalent licensed teachers. No more than 600
eligible teachers may be employed as teacher residents in any
one school year.
Subd. 2. [TEACHER ELIGIBILITY.] Persons eligible to be
hired as teaching residents must have received their initial
license no more than two years prior to applying for a residency
and must have less than nine months of full-time equivalency
teaching experience as a licensed teacher.
Subd. 3. [PROGRAM COMPONENTS.] In order to be approved by
the board of teaching, a school district's residency program
must at minimum include:
(1) training to prepare teachers to serve as mentors to
teaching residents;
(2) a team mentorship approach to expose teaching residents
to a variety of teaching methods, philosophies, and classroom
environments;
(3) ongoing peer coaching and assessment;
(4) assistance to the teaching resident in preparing an
individual professional development plan that includes goals,
activities, and assessment methodologies; and
(5) involvement of resource persons from higher education
institutions, career teachers, and other community experts to
provide local or regional professional development seminars or
other structured learning experiences for teaching residents.
A teaching resident shall not be given direct classroom
supervision responsibilities that exceed 80 percent of the
instructional time required of a full-time equivalent teacher in
the district. During the remaining time, a teaching resident
shall participate in professional development activities
according to the individual plan developed by the resident in
conjunction with the school's mentoring team.
Subd. 4. [EMPLOYMENT CONDITIONS.] A school district shall
pay a teaching resident a salary equal to 75 percent of the
statewide average salary of a first-year teacher with a
bachelor's degree. The resident shall be a member of the local
bargaining unit and shall be covered under the terms of the
contract, except for salary and benefits, unless otherwise
provided in this subdivision. The school district shall provide
health insurance coverage for the resident if the district
provides it for teachers, and may provide other benefits upon
negotiated agreement.
Subd. 5. [APPLIES TOWARD PROBATIONARY PERIOD.] A teaching
residency shall count as one year of a teacher's probationary
period under section 125.12, subdivision 3, or section 125.17,
subdivision 2. A residency extended for one year shall not
count as an additional year under this subdivision.
Subd. 6. [LEARNING AND DEVELOPMENT REVENUE ELIGIBILITY.] A
school district with an approved teaching residency program may
use learning and development revenue for each teaching resident
in kindergarten through grade six. A district also may use the
revenue for a paraprofessional who is a person of color enrolled
in an approved teacher preparation program. A school district
shall not use a teaching resident to replace an existing
teaching position.
Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] (a)
The board of teaching shall develop for teachers of students in
pre-K through grade 12, model teaching residency outcomes and
assessments, and mentoring programs.
(b) The board of teaching shall report to the education
committees of the legislature by February 15, 1994, on
developing a residency program as part of teacher licensure.
The report shall at least discuss:
(1) whether a teacher residency program should be a
prerequisite to obtaining an initial teaching license or a
continuing teacher license;
(2) the number of teacher residency positions available
statewide by school district;
(3) how a teacher residency program and a mentorship
program for school teachers can be structured;
(4) whether additional state funding for teacher residency
programs is required;
(5) the interrelationship between existing teacher
preparation programs and a teacher residency program;
(6) issues related to implementing a teacher residency
program, including a timeline for implementing the program; and
(7) how a teacher residency program may impact upon a
teacher licensed in another state who seeks a teaching position
in Minnesota.
Sec. 21. Minnesota Statutes 1992, section 125.231, is
amended to read:
125.231 [TEACHER ASSISTANCE THROUGH MENTORSHIP PROGRAM.]
Subdivision 1. [TEACHER MENTORING PROGRAM PROGRAMS.]
School districts are encouraged to participate in a competitive
grant program that explores develop teacher mentoring programs
for teachers new to the profession or district, or for including
teaching residents, teachers with special needs, or experienced
teachers in need of peer coaching.
Subd. 2. [TEACHER MENTORING TASK FORCE.] The commissioner
board of teaching 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
department of education, parent teacher association,
post-secondary institutions, foundations, and the private
sector. Representation on the task force by populations of
color shall reflect the proportion of people of color in the
public schools.
The task force shall:
(1) develop the application forms, criteria, and procedures
for the grants for mentorship program programs;
(2) select sites to receive mentorship grant funding; and
(3) provide ongoing support and direction for mentorship
program implementation in school districts, including those that
do not receive mentorship grants.
Subd. 3. [APPLICATIONS.] The commissioner of education
board of teaching shall make application forms available to
sites interested in developing or expanding a mentorship
program. 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.
The commissioner board of teaching, in consultation with the
teacher mentoring task force, shall approve or disapprove the
applications. To the extent possible, the approved applications
must reflect effective mentoring components, include a variety
of coalitions and be geographically distributed throughout the
state. The commissioner of education board of teaching shall
encourage the selected sites to consider the use of the its
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. 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 board of teaching 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. 22. [126.019] [SCHOOL RESTRUCTURING PROGRAM.]
Subdivision 1. [LEVY AUTHORITY.] (a) The purpose of school
district restructuring pilots is to examine practices and
organizational structure for improvement of student achievement
of education outcomes through site decision-making. A school
district may submit an application to the department of
education for school district restructuring levy authority. The
authority may be for up to $50 times the number of actual pupil
units at the site. The levy is available for the fiscal year
for which the pilot receives approval and for the subsequent
four years. A district need only apply once for this
authority. The actual amount of levy authority given shall
depend on the level of power and control delegated to a site
under section 123.951. The state board, upon consultation of
the education chairs of the legislature, shall determine
criteria for measuring this level and allocating the appropriate
levy authority. The criteria may include a provision that would
allow the site decision-making team to request waivers from the
master contract between the school board and the collective
bargaining representative in the district. Notwithstanding any
law to the contrary, the state board of education and the state
board of teaching may grant waivers that would apply only to a
single site within the district from any board rule. The levy
authority may be increased or decreased by the state board if a
district changes implementation of this section. Revenue from
the levy must be under the control of local site decision-making
team and may be used for any purpose determined by the team.
All information about education achievement and effective
reduction in elementary learner-instructor ratios at the school
site must be made available to the public. Each school board
must communicate the availability of this authority to each
school site in the district.
(b) The local levy shall be matched dollar for dollar with
state aid. The commissioner shall not approve total levy
authority in excess of available state appropriations.
Subd. 2. [REPORT.] The state board shall report on the
implementation of this section and learning improvement results
to the education committees of the legislature on February 1 of
each year. The board shall also develop model reporting forms
for districts to use to report to local communities. The board
shall develop these forms in consultation with the department
and the chairs of the education committees of the legislature.
Sec. 23. Minnesota Statutes 1992, section 126.22,
subdivision 8, is amended to read:
Subd. 8. [ENROLLMENT VERIFICATION.] (a) For a pupil
attending an eligible program full time under subdivision 3,
paragraph (d), the department of education shall pay 88 percent
of the basic revenue of the district to the eligible program and
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.
(b) The department of education shall pay up to 100 percent
of the basic revenue to the eligible program if there is an
agreement to that effect between the school district and the
eligible program.
Sec. 24. Minnesota Statutes 1992, section 126.70, is
amended to read:
126.70 [STAFF DEVELOPMENT PLAN PROGRAM.]
Subdivision 1. [ELIGIBILITY FOR REVENUE STAFF DEVELOPMENT
COMMITTEE.] A school board may shall use the revenue authorized
in section 124A.29 for in-service education for violence
prevention programs under section 126.77, subdivision 2, or if
it establishes a staff development advisory committee and adopts
a for staff development plan under this subdivision. The board
must establish a staff development committee to develop the
plan, advise a site decision-making team about the plan, and
evaluate staff development efforts at the site level. A
majority of the advisory committee must be teachers representing
various grade levels and subject areas. The advisory committee
must also include parents and administrators. The advisory
committee shall develop a staff development plan that includes
related expenditures and shall submit 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. Districts must submit approved plans shall report
staff development results to the commissioner in the form and
manner determined by the commissioner.
Subd. 2. [CONTENTS OF THE PLAN.] The plan may must include:
(1) procedures the district will use to analyze education
needs;
(2) methods for integrating education needs with in-service
and curricular efforts already in progress;
(3) education goals and outcomes under subdivision 2a, the
means to achieve the goals; outcomes and
(4) procedures for evaluating progress at each school site
toward meeting education needs and goals outcomes.
Subd. 2a. [PERMITTED USES STAFF DEVELOPMENT OUTCOMES.] A
school board may approve a (a) The staff development committee
shall adopt a staff development plan to accomplish any of the
following purposes for the improvement of student achievement of
education outcomes. The plan must be consistent with education
outcomes determined by the school board. The plan shall include
the following outcomes:
(1) foster readiness for learning;
(2) facilitate organizational changes by enabling a
site-based team composed of pupils, parents, school personnel,
and community members to address pupils' needs;
(3) develop programs to increase pupils' educational
progress by developing appropriate outcomes and personal
learning goals and by encouraging pupils and their parents to
assume responsibility for their education;
(4) design and develop programs containing various
instructional opportunities that recognize pupils' individual
needs and utilize family and community resources;
(5) evaluate the effectiveness of education policies,
processes, and products through appropriate evaluation
procedures that include multiple criteria and indicators;
(6) provide staff time or mentorship oversight for peer
review of probationary, continuing contract, and nonprobationary
teachers;
(7) train elementary and secondary staff to help students
learn to resolve conflicts in effective, nonviolent ways; and
(8) encourage staff to teach and model violence prevention
policy and curricula that address issues of sexual and racial
harassment; and
(9) teach elementary and secondary staff to effectively
meet the needs of children with disabilities within the regular
classroom setting.
(b) If a school board approves a plan to accomplish any of
the purposes listed in paragraph (a), it must also provide
challenging instructional activities and experiences that
recognize and cultivate students' advanced abilities and talents.
Sec. 25. [SUPERVISORY LICENSURE.]
All administrative and supervisory licensure rules adopted
or amended by the state board of education must include outcomes
relating to financial management practices of school districts
and buildings.
Sec. 26. [TEACHER COMPENSATION TASK FORCE.]
Subdivision 1. [ESTABLISHED.] A teacher compensation task
force is established under the state board of education. The
board shall initially organize the task force and prepare any
reports to the legislature. The department of education shall
assist the board as required.
Subd. 2. [MEMBERSHIP.] The task force shall consist of the
following members:
One member each representing:
(1) the state board of education;
(2) the Minnesota business partnership;
(3) school principals;
(4) Minnesota association of school administrators;
(5) a parent of a student with disabilities;
(6) Minnesota congress of parents, teachers, and students;
and
(7) the bureau of mediation services.
Three members representing the Minnesota school boards
association and two members each representing the Minnesota
education association and the Minnesota federation of teachers.
Subd. 3. [PURPOSE AND DUTIES.] The purpose of the task
force is to study and recommend alternatives to a teacher
compensation system based on training and experience to one that
may include compensation based on knowledge, skills,
responsibilities, or other considerations. Specifically, the
task force must identify the knowledge, skills, and abilities
needed by teachers to:
(1) identify, communicate, and measure outcomes at a school
site;
(2) improve educational instruction to achieve expected
outcomes at a school site;
(3) evaluate peers and make other related personnel
decisions at a school site;
(4) manage organizational and financial needs at a school
site;
(5) undertake duties that would lead to the improvement in
the achievement of educational outcomes at either the district
level or the school site; and
(6) identify personal staff development and educational
needs to help students in achieving the student's educational
outcomes.
The task force shall make a preliminary report on February
1, 1994, and a final report on February 1, 1995, to the
education committees of the legislature.
Sec. 27. [GRADUATION RULE ACCELERATION.]
$5,188,000 in fiscal year 1994 and $5,188,000 in fiscal
year 1995 is appropriated to the department of education for
accelerated development of the state board of education high
school graduation rule. Of this amount, $5,000,000 each year is
from the general fund and $188,000 each year is from the special
revenue fund. The appropriation is to be used to fund
assessment and standards pilot sites; to broaden public
understanding of the rule through local public meeting and focus
groups, citizens forums, and other general communication; to
continue development of curriculum frameworks; for ongoing
statewide assessment efforts; and to develop system performance
standards. The appropriation from the special revenue fund may
be used for development efforts in health-related outcomes. Any
amount of this appropriation does not cancel and shall be
carried forward to the following fiscal year. Notwithstanding
any law to the contrary, the commissioner may contract for
national expertise and related services in each of the
development areas.
Sec. 28. [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 ..... 1994
$150,000 ..... 1995
Subd. 3. [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.] For the state advanced placement and
international baccalaureate programs, including training
programs, support programs, and examination fee subsidies:
$300,000 ..... 1994
$300,000 ..... 1995
Subd. 4. [NSF MATH-SCIENCE SYSTEMIC INITIATIVE.] To meet
requirements for a proposal to the National Science Foundation
for a systemic initiative in mathematics and science:
$1,500,000 ..... 1994
$1,500,000 ..... 1995
This appropriation is not contingent upon receiving funding
from the National Science Foundation.
Subd. 5. [EDUCATIONAL EFFECTIVENESS.] For educational
effectiveness programs according to Minnesota Statutes, sections
121.608 and 121.609:
$870,000 ..... 1994
$870,000 ..... 1995
Subd. 6. [INTERNET.] To provide statewide access to
INTERNET for elementary and secondary schools:
$200,000 ..... 1994
$200,000 ..... 1995
Any balance remaining in the first year does not cancel but
is available in the second year.
Subd. 7. [ACADEMIC EXCELLENCE FOUNDATION.] (a) For the
academic excellence foundation according to Minnesota Statutes,
section 121.612:
$525,000 ..... 1994
$525,000 ..... 1995
(b) 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 1994 does
not cancel but is available in 1995. The amount carried forward
must not be used to establish a larger annual base appropriation
for later fiscal years.
(c) Approximately $265,000 each year is for the
foundation's partners for quality initiative.
Subd. 8. [ENVIRONMENTAL EDUCATION.] For distributing
materials and conducting workshops to implement model K-12
environmental education curriculum integration described in Laws
1991, chapter 254, article 1, section 14, subdivision 5,
paragraph (a):
$60,000 ..... 1994
Any balance remaining in the first year does not cancel but
is available in the second year.
Subd. 9. [ITV LEVY AID.] For ITV levy aid under section 24:
$2,681,000 ..... 1995
The appropriation anticipates an entitlement of $3,154,200
for fiscal year 1995.
Subd. 10. [SCHOOL IMPROVEMENT INCENTIVE GRANTS.] For
grants to school improvement incentive sites under section 3:
$125,000 ..... 1994
$125,000 ..... 1995
Subd. 11. [SCHOOL RESTRUCTURING GRANTS.] For school
restructuring grants under section 22:
$500,000 ..... 1995
This appropriation does not cancel.
Up to $100,000 of this amount may be used for a grant to a
nonstate organization to develop systemic site decision making
models.
Subd. 12. [EXCHANGE AND TEMPORARY ASSIGNMENT PROGRAMS.]
For faculty exchange, and temporary assignment programs
according to Minnesota Statutes, section 125.138:
$75,000 ..... 1994
This appropriation is available until June 30, 1995.
Subd. 13. [STAFF DEVELOPMENT INCENTIVE.] For staff
development incentives:
$100,000 ..... 1994
This appropriation is available until June 30, 1995.
Sec. 29. [APPROPRIATIONS.]
Subdivision 1. [HECB.] The sums appropriated 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.] For scholarship
awards for summer programs according to Minnesota Statutes,
section 126.56:
$214,000 ..... 1994
$214,000 ..... 1995
Of this appropriation, any amount required by the higher
education coordinating board may be used for the costs of
administering the program.
Sec. 30. [MINNESOTA HUMANITIES COMMISSION.]
(a) $325,000 in fiscal year 1994 and $325,000 in fiscal
year 1995 is appropriated from the general fund to the Minnesota
Humanities Commission for the Minnesota Institute for the
Advancement of Teaching.
(b) The money is for the institute to conduct noncredit
seminars for Minnesota's K-12 teachers. The seminars must be
interdisciplinary, employ varied methods of teaching and
learning, incorporate community resources in a creative and
instructive manner, and be dedicated to the professional
development of K-12 teachers.
(c) The money is also for the institute to begin an alumni
program to assist teachers who have attended the seminars to
provide programs for teachers in their districts who cannot
attend the residential seminars.
(d) The humanities commission may seek and accept private
sector money for the institute to supplement these
appropriations.
Sec. 31. [REPEALER.]
Minnesota Statutes 1992, sections 121.609; 124A.27,
subdivisions 1 to 9; and 125.185, subdivision 4a, are repealed
July 1, 1993.
Sec. 32. [EFFECTIVE DATE.]
Section 19 remains in effect until July 1, 1995.
ARTICLE 8
OTHER EDUCATION PROGRAMS
Section 1. Minnesota Statutes 1992, 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 124.2715, subdivision 2;
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;
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. 2. [124.6469] [SCHOOL BREAKFAST PROGRAM.]
Subdivision 1. [PURPOSE.] The purpose of the school
breakfast program is to provide affordable morning nutrition to
children so that they can effectively learn.
Subd. 2. [PROGRAM.] The state school breakfast program
enables schools participating in the federal School Breakfast
Program to cover their costs for breakfast.
Subd. 3. [PROGRAM REIMBURSEMENT.] State funds are provided
to reimburse school breakfasts. Each school year, the state
shall reimburse schools in the amount of 5.1 cents for each
fully paid breakfast and for each free and reduced price
breakfast not eligible for the "severe need" rate.
Sec. 3. Minnesota Statutes 1992, section 124.912,
subdivision 2, is amended to read:
Subd. 2. [DESEGREGATION.] Each year, special school
district No. 1, Minneapolis, may levy an amount not to exceed
$197 times its actual pupil units for that fiscal year;
independent school district No. 625, St. Paul, may levy an
amount not to exceed a gross tax rate of .80 percent times the
adjusted gross tax capacity of the district for taxes payable in
1990 or a net tax rate of 1.0 percent times the adjusted net tax
capacity of the district for taxes payable in 1991 and
thereafter $197 times its actual pupil units for that fiscal
year; and independent school district No. 709, Duluth, may levy
an amount not to exceed the sum of $660,000 and the amount
raised by a tax rate of 2.0 percent times the adjusted net tax
capacity of the district. Notwithstanding section 121.904, the
entire amount of this levy shall be recognized as revenue for
the fiscal year in which the levy is certified. This levy shall
not be considered in computing the aid reduction under section
124.155.
Sec. 4. Minnesota Statutes 1992, section 124.912,
subdivision 3, is amended to read:
Subd. 3. [RULE COMPLIANCE.] Each year a district that is
required to implement a plan according to the requirements of
Minnesota Rules, parts 3535.0200 to 3535.2200, may levy an
amount not to exceed a net tax rate of 2.0 percent times the
adjusted net tax capacity of the district for taxes payable in
1991 and thereafter. Independent school district No. 625, St.
Paul, A district that levies according to subdivision 2 may not
levy according to this subdivision. Notwithstanding section
121.904, the entire amount of this levy shall be recognized as
revenue for the fiscal year in which the levy is certified.
This levy shall not be considered in computing the aid reduction
under section 124.155.
Sec. 5. Minnesota Statutes 1992, section 124.916,
subdivision 2, is amended to read:
Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.] For taxes
payable in 1993 and 1994 and 1995 only, a school district may
levy an amount up to the amount the district is required by the
collective bargaining agreement in effect on March 30, 1992, to
pay for health insurance or unreimbursed medical expenses for
licensed and nonlicensed employees who have terminated services
in the employing district and withdrawn from active teaching
service or other active service, as applicable, before July 1,
1992. The total amount of the levy each year may not exceed
$300,000.
Notwithstanding section 121.904, 50 percent of the proceeds
of this levy shall be recognized in the fiscal year in which it
is certified.
Sec. 6. Minnesota Statutes 1992, section 124.916,
subdivision 3, is amended to read:
Subd. 3. [MINNEAPOLIS CIVIL SERVICE RETIREMENT LEVIES.] (1)
In addition to the excess levy authorized in 1976 any district
within a city of the first class which was authorized in 1975 to
make a retirement levy under Minnesota Statutes 1974, section
275.127 and chapter 422A may levy an amount per pupil unit which
is equal to the amount levied in 1975 payable 1976, under
Minnesota Statutes 1974, section 275.127 and chapter 422A,
divided by the number of pupil units in the district in
1976-1977.
(2) In 1979 and each year thereafter, any district which
qualified in 1976 for an extra levy under clause (1) shall be
allowed to levy the same amount as levied for retirement in 1978
under this clause reduced each year by ten percent of the
difference between the amount levied for retirement in 1971
under Minnesota Statutes 1971, sections 275.127 and 422.01 to
422.54 and the amount levied for retirement in 1975 under
Minnesota Statutes 1974, section 275.127 and chapter 422A.
(3) In 1991 and each year thereafter, a district to which
this subdivision applies may levy an additional amount required
for contributions to the Minneapolis employees retirement fund
as a result of the maximum dollar amount limitation on state
contributions to the fund imposed under section 422A.101,
subdivision 3. The additional levy shall not exceed the most
recent amount certified by the board of the Minneapolis
employees retirement fund as the district's share of the
contribution requirement in excess of the maximum state
contribution under section 422A.101, subdivision 3.
(4) For taxes payable in 1994 and thereafter, special
school district No. 1, Minneapolis, and independent school
district No. 625, St. Paul, may levy for the increase in the
employer retirement fund contributions, under Laws 1992, chapter
598, article 5, section 1. Notwithstanding section 121.904, the
entire amount of this levy may be recognized as revenue for the
fiscal year in which the levy is certified. This levy shall not
be considered in computing the aid reduction under section
124.155.
(5) If the employer retirement fund contributions under
section 354A.12, subdivision 2a, are increased for fiscal year
1994 or later fiscal years, special school district No. 1,
Minneapolis, and independent school district No. 625, St. Paul,
may levy in payable 1994 or later an amount equal to the amount
derived by applying the net increase in the employer retirement
fund contribution rate of the respective teacher retirement fund
association between fiscal year 1993 and the fiscal year
beginning in the year after the levy is certified to the total
covered payroll of the applicable teacher retirement fund
association. Notwithstanding section 121.904, the entire amount
of this levy may be recognized as revenue for the fiscal year in
which the levy is certified. This levy shall not be considered
in computing the aid reduction under section 124.155. If an
applicable school district levies under this paragraph, they may
not levy under paragraph (4).
(6) In addition to the levy authorized under paragraph 5,
special school district No. 1, Minneapolis, may also levy in
payable 1994 or later an amount equal to the state aid
contribution under section 354A.12, subdivision 3b.
Notwithstanding section 121.904, the entire amount of this levy
may be recognized as revenue for the fiscal year in which the
levy is certified. This levy shall not be considered in
computing the aid reduction under section 124.155.
Sec. 7. Minnesota Statutes 1992, section 125.05,
subdivision 1a, is amended to read:
Subd. 1a. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.]
(a) The board of teaching shall issue licenses under its
jurisdiction to persons the board finds to be qualified and
competent for their respective positions.
(b) The board shall require a person to successfully
complete an examination of skills in reading, writing, and
mathematics before being admitted to a post-secondary teacher
preparation program approved by the board if that person seeks
to qualify for an initial teaching license to provide direct
instruction to pupils in kindergarten prekindergarten,
elementary, secondary, or special education programs. The board
shall require colleges and universities offering a board
approved teacher preparation program to provide remedial
assistance to persons enrolled in their institution who did not
achieve a qualifying score on the skills examination, including
those for whom English is a second language. The colleges and
universities must provide assistance in the specific academic
areas of deficiency in which the person did not achieve a
qualifying score. School districts must provide similar,
appropriate, and timely remedial assistance to those persons
employed by the district who completed their teacher education
program outside the state of Minnesota, received a one-year
license to teach in Minnesota and did not achieve a qualifying
score on the skills examination, including those persons for
whom English is a second language.
(c) Before admission to a pilot internship program, the
board shall require a person to successfully complete an
examination of general pedagogical knowledge. Before granting a
first continuing license to participants in the pilot projects,
the board shall require a person to successfully complete a
supervised and assessed internship in a professional development
school and an examination of licensure-specific teaching
skills. The board shall determine effective dates for the
examination of general pedagogical knowledge, the internship,
and examinations of licensure-specific skills.
Sec. 8. Minnesota Statutes 1992, section 125.185,
subdivision 4, is amended to read:
Subd. 4. [LICENSE AND RULES.] (a) The board shall adopt
rules to license public school teachers and interns subject to
chapter 14.
(b) The board shall adopt rules requiring successful
completion of an examination of skills in reading, writing, and
mathematics before being admitted to a teacher preparation
program. Such rules shall require college and universities
offering a board approved teacher preparation program to provide
remedial assistance to persons who did not achieve a qualifying
score on the skills examination, including those for whom
English is a second language.
(c) The board shall adopt rules to approve teacher
preparation programs.
(d) The board shall provide the leadership and shall adopt
rules 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 teacher preparation
program evaluation to assure program effectiveness based on
proficiency of graduates in demonstrating attainment of program
outcomes.
(e) The board shall adopt rules requiring successful
completion of an examination of general pedagogical knowledge
and examinations of licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board,
but not later than July 1, 1999.
(f) Until July 1, 1998, the board may select schools to be
pilot professional development schools according to initial
criteria adopted by the board. Initial criteria are not subject
to chapter 14. Upon specific legislative authorization to
implement a statewide restructured licensure program, the board
shall adopt rules to approve or disapprove professional
development schools.
(g) The board shall adopt rules requiring teacher educators
to work directly with elementary or secondary school teachers in
elementary or secondary schools to obtain periodic exposure to
the elementary or secondary teaching environment.
(h) The board shall grant licenses to interns and to
candidates for initial licenses.
(i) The board shall design and implement an assessment
system which requires a candidate for an initial license and
first continuing license to demonstrate the abilities necessary
to perform selected, representative teaching tasks at
appropriate levels.
(j) The board shall receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.
(k) 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. The board shall not establish any expiration date for
application for life licenses.
(l) With regard to post-secondary vocational education
teachers the board of teaching shall adopt and maintain as its
rules the rules of the state board of technical colleges.
Sec. 9. [125.623] [TEACHERS OF COLOR PROGRAM.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"people of color" means permanent United States residents who
are African-American, American Indian or Alaskan native, Asian
or Pacific Islander, or Hispanic.
Subd. 2. [GRANTS.] The commissioner of education in
consultation with the multicultural advisory committee
established in section 126.81 shall award grants for
professional development programs to recruit and educate people
of color in the field of education, including early childhood
and parent education. Grant applicants must be a school
district with a growing minority population working in
collaboration with a state institution of higher education with
an approved teacher licensure program or an approved early
childhood or parent education licensure program.
Subd. 3. [PROGRAM REQUIREMENTS.] (a) A grant recipient
shall recruit persons of color to be teachers in elementary,
secondary, early childhood or parent education, and provide
support in linking program participants with jobs in the
recipient's school district.
(b) A grant recipient shall establish an advisory council
composed of representatives of communities of color.
(c) A grant recipient, with the assistance of the advisory
council, shall recruit high school students and other persons,
support them through the higher education application and
admission process, advise them while enrolled and link them with
support resources in the college or university and the community.
(d) A grant recipient shall award stipends to students of
color enrolled in an approved licensure program to help cover
the costs of tuition, student fees, supplies, and books.
Stipend awards must be based on a student's financial need and
students must apply for any additional financial aid they are
eligible for to supplement this program. No more than ten
percent of the grant may be used for costs of administering the
program. Students must agree to teach in the grantee school
district for at least two years after licensure. If the
district has no licensed positions open, the student may teach
in another district in Minnesota.
(e) The commissioner of education shall consider the
following criteria in awarding grants:
(1) whether the program is likely to increase the
recruitment and retention of students of color in teaching;
(2) whether grant recipients will recruit paraprofessionals
from the district to work in its schools; and
(3) whether grant recipients will establish or have a
mentoring program for students of color.
Sec. 10. [126.82] [STATE MULTICULTURAL EDUCATION ADVISORY
COMMITTEE.]
(a) The commissioner shall appoint a state multicultural
education advisory committee to advise the department and the
state board on multicultural education. The committee must have
12 members and be composed of representatives from among the
following groups and community organizations: African-American,
Asian-Pacific, Hispanic, and American Indian.
(b) The state committee shall provide information and
recommendations on:
(1) department procedures for reviewing and approving
district plans and disseminating information on multicultural
education;
(2) department procedures for improving inclusive education
plans, curriculum and instruction improvement plans, and
performance-based assessments;
(3) developing learner outcomes which are multicultural;
and
(4) other recommendations that will further inclusive,
multicultural education.
(c) The committee shall also participate in determining the
criteria for and awarding the grants established under section
16, subdivision 10.
Sec. 11. Minnesota Statutes 1992, section 275.48, is
amended to read:
275.48 [ADDITIONAL TAX LEVIES IN CERTAIN MUNICIPALITIES.]
When by virtue of chapter 278, sections 270.07, 375.192, or
otherwise, the net tax capacity of a city, township or school
district for a taxable year is reduced after the taxes for the
year have been spread by the county auditor, and when the local
tax rate determined by the county auditor based on the original
net tax capacity is applied on the reduced net tax capacity and
does not produce the full amount of taxes actually levied and
certified for that taxable year on the original net tax
capacity, the city, township or school district may include an
additional amount in its tax levy made following final
determination and notice of the reduction in net tax capacity.
The amount shall equal the difference between the total amount
of taxes actually levied and certified for that taxable year
upon the original net tax capacity, not exceeding the maximum
amount which could be raised on the net tax capacity as reduced,
within existing local tax rate limitations, if any, and the
amount of taxes collected for that taxable year on the reduced
net tax capacity. The total tax levy authorized for a school
district by this section may also include an amount equal to any
interest paid on the abatement refunds. The levy for a school
district shall be reduced by the total amount of any abatement
adjustments received by the district pursuant to section
124.214, subdivision 2, in the same calendar year in which the
levy is certified. As part of the certification required by
section 124.918, subdivision 1, the commissioner of education
shall certify the amount of the abatement levy limitation
adjustment for each school district headquartered in that county.
Except for school districts, the amount of taxes so
included shall be levied separately and shall be levied in
addition to all limitations imposed by law; and further shall
not result in any penalty in the nature of a reduction in state
aid of any kind.
Sec. 12. Minnesota Statutes 1992, 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
commissioner. The commissioner shall report the amount of the
excess 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. The commissioner shall prescribe the form
and calculation to be used in computing the excess amount. The
school board 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. 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 auditor 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. 13. [COMMISSIONER APPROVAL; INTEREST ON PAYMENTS.]
For taxes payable in 1994, the commissioner of education
must grant approval of all levies for interest payments on
abatement refunds. If the total amount of levy would exceed
$1,000,000, the commissioner shall proportionately reduce each
district's interest on abatements levy.
Sec. 14. [PLAN FOR STATE SKILLS EXAM.]
Subdivision 1. [PLAN CONTENT.] The board of teaching shall
develop a plan to assure that questions contained in the skills
examination in reading, writing, and mathematics, which persons
must successfully complete before being admitted to an approved
teacher preparation program under Minnesota Statutes, section
125.05, subdivision 1a, clause (b) are culturally sensitive.
The board shall include in the plan how it proposes to assure
that the examination questions are culturally sensitive,
evaluate interpersonal skills, and more comprehensively assess
general knowledge and skills. The board shall seek the
assistance of organizations representing diverse cultures in
developing the plan. The board shall submit its plan to the
education committees of the legislature by February 15, 1994.
Subd. 2. [PROVISIONAL LICENSES.] Persons who have
successfully completed an approved teacher preparation program
and obtained a provisional license to teach, but have not
completed the skills examination required under Minnesota
Statutes, section 125.05, subdivision 1a, clause (b), may
continue to teach under a provisional license until the plan
required under subdivision 1 is implemented.
Sec. 15. Laws 1991, chapter 256, article 8, section 14, as
amended by Laws 1992, chapter 499, article 7, section 14, is
amended to read:
Sec. 14. [NONOPERATING FUND TRANSFERS.]
By June 30, 1992, and by June 30, 1993, a school district
may permanently transfer money from the capital expenditure
facilities or equipment accounts 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. A transfer may not be made
from the capital expenditure facilities or equipment accounts
that results in a deficit account balance in either account or a
deficit in the combined account balance for facilities and
equipment as of June 30, 1992, or as of June 30, 1993. No
levies and no state aids shall be reduced as a result of a
transfer. Each district transferring money from the capital
expenditure facilities or equipment accounts shall report to the
commissioner of education on each transfer. A district may not
transfer money from the debt redemption fund to the capital
expenditure fund or to the transportation fund without prior
approval from the commissioner of education. The commissioner
shall approve a transfer from the debt redemption fund only if:
(1) the district retired its bonded indebtedness during fiscal
year 1992 or 1993 or an earlier fiscal year and the district's
general education levy was not reduced under Minnesota Statutes,
section 475.61, subdivision 4, for taxes payable in 1993, or an
earlier year, or (2) the district's 1991 payable 1992 or 1992
payable 1993 debt service levy was reduced to zero according to
Minnesota Statutes, section 475.61, subdivision 3. 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. 16. [FUND TRANSFERS.]
Subdivision 1. [SPRINGFIELD.] Notwithstanding Minnesota
Statutes, sections 121.912 and 121.9121 or other law,
independent school district No. 85, Springfield, may permanently
transfer a total of up to $600,000, as necessary, from its
general fund to its capital expenditure fund before July 1, 1995.
Subd. 2. [REMER-LONGVILLE.] Notwithstanding Minnesota
Statutes, section 121.912, subdivision 1, or any other law to
the contrary, independent school district No. 118,
Remer-Longville, may permanently transfer $125,000 in fiscal
year 1993 from the bus purchase account to the capital
expenditure fund without making a levy reduction.
Subd. 3. [HOLDINGFORD.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, and 475.61, subdivision 4,
or any other law, on June 30, 1993, independent school district
No. 738, Holdingford, may permanently transfer up to $51,000
from its debt redemption fund to its general fund.
Subd. 4. [MANKATO.] Notwithstanding Minnesota Statutes,
section 124.2713, subdivision 8, or any other law to the
contrary, independent school district No. 77, Mankato, may
expend up to $250,000 from the community service fund for the
purpose of removing architectural barriers from the Lincoln
community center to provide access to persons with disabilities.
Subd. 5. [ST. MICHAEL-ALBERTVILLE.] Notwithstanding
Minnesota Statutes, section 121.912, subdivision 1, or any other
law to the contrary, independent school district No. 885, St.
Michael-Albertville, may permanently transfer up to $105,000 in
fiscal year 1993 from its debt redemption fund to the capital
expenditure equipment fund.
Subd. 6. [SARTELL.] Notwithstanding Minnesota Statutes,
sections 121.912, 121.9121, and 475.61, subdivision 4, or any
other law, on June 30, 1993, independent school district No.
748, Sartell, may permanently transfer any amount not currently
needed from its debt redemption fund to the building
construction fund.
Subd. 7. [GLENCOE.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121 or other law, independent school
district No. 422, Glencoe, may permanently transfer a total of
up to $100,000, as necessary, from its early childhood family
education fund to its capital expenditure facilities fund before
July 1, 1994.
Subd. 8. [COLD SPRING.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, and 475.61, subdivision 4,
or any other law, on June 30, 1993 independent school district
No. 750, Cold Spring, may permanently transfer an amount not to
exceed $66,000 from its debt redemption fund to the
transportation fund.
Subd. 9. [GRYGLA.] Notwithstanding Minnesota Statutes
1992, section 121.912, subdivision 1, or any other law to the
contrary, on June 30, 1993, independent school district No. 447,
Grygla, may permanently transfer an amount not to exceed
$100,000 from its debt redemption fund to the capital
expenditure fund.
Sec. 17. [EARLY RETIREMENT INCENTIVE.]
Subdivision 1. [BOARD MUST OFFER.] A school board, a joint
vocational technical district under Minnesota Statutes, section
136C.60, or an intermediate school district under Minnesota
Statutes, chapter 136D, must offer the early retirement
incentive provided in this section to a teacher, as defined in
Minnesota Statutes, section 354.05, subdivision 2, or 354A.011,
subdivision 27, who is eligible under subdivision 2.
Subd. 2. [ELIGIBILITY.] A teacher is eligible to receive
the incentive if the person:
(1) has at least 25 years of combined service credit in any
Minnesota public pension plans governed by Minnesota Statutes,
section 356.30, subdivision 3, or is at least 65 years old and
has at least one year of combined service credit in these
pension plans;
(2) upon retirement is immediately eligible for a
retirement annuity from a defined benefit plan;
(3) is at least 55 years of age; and
(4) retires on or after May 17, 1993, and before August 1,
1993.
Subd. 3. [INCENTIVE.] For a person who selects the
incentive under this section, the multiplier percentage used to
calculate the retirement annuity must be increased by .10 for
each year of allowable service credit up to 30 years.
Subd. 4. [CONDITIONS.] For purposes of this section, a
person retires when the person terminates active employment and
applies for retirement benefits. An employee who retires under
this section using the rule of 90 must not be included in the
calculations required by Minnesota Statutes, section 356.85.
Sec. 18. [EMPLOYER-PAID HEALTH INSURANCE.]
Subdivision 1. [PUBLIC EMPLOYEES.] A school district,
intermediate school district, or joint vocational technical
district formed under Minnesota Statutes, sections 136C.60 to
136C.69, shall provide employer-paid hospital, medical, and
dental benefits to a person who:
(1) is eligible for employer-paid insurance under
collective bargaining agreements or personnel plans in effect on
the day before the effective date of this section;
(2) has at least 25 years of combined service credit in any
Minnesota public pension plans other than volunteer firefighter
plans;
(3) has at least as many months of service with the current
employer as the number of months younger than age 65 the person
is at the time of retirement;
(4) upon retirement is immediately eligible for a
retirement annuity if the person is a member of a defined
benefit plan;
(5) is at least 55 and not yet 65 years of age; and
(6) in the case of a school district employee, retires on
or after May 15, 1993, and before July 21, 1993; and in the case
of an employee of another employer in this subdivision, retires
on or after July 1, 1993, and before October 1, 1993.
Subd. 2. [CONDITIONS; COVERAGE.] For purposes of this
section, a person retires when the person terminates active
employment and applies for retirement benefits. The retired
employee is eligible for single and dependent coverages and
employer payments to which the person was entitled immediately
before retirement, subject to any changes in coverage and
employer and employee payments through collective bargaining or
personnel plans, for employees in positions equivalent to the
position from which the employee retired. The retired employee
is not eligible for employer-paid life insurance. Eligibility
ceases when the retired employee attains the age of 65, or when
the employee chooses not to receive the retirement benefits for
which the employee has applied, or when the employee is eligible
for employer-paid health insurance from a new employer.
Coverages must be coordinated with relevant health insurance
benefits provided through the federally sponsored Medicare
program.
Subd. 3. [RULE OF 90.] An employee who retires under this
section using the rule of 90 must not be included in the
calculations required by Minnesota Statutes, section 356.85.
Subd. 4. [APPLICATION OF OTHER LAWS.] Unilateral
implementation of this section by a public employer is not an
unfair labor practice for purposes of Minnesota Statutes,
chapter 179A. The authority provided in this section for an
employer to pay health insurance costs for certain retired
employees is not subject to the limits in Minnesota Statutes,
section 179A.20, subdivision 2a.
Subd. 5. [SCHOOL DISTRICT LEVY.] A school district may
levy the amount necessary to make employer contributions for
insurance for retired employees under this section.
Notwithstanding Minnesota Statutes, section 121.904, 50 percent
of the amount levied must be recognized as revenue for the
fiscal year in which the levy is certified. This levy must not
be considered in computing the aid reduction under Minnesota
Statutes, section 124.155. If a school district levies
according to this section, it may not also levy according to
Minnesota Statutes, section 122.531, subdivision 9, for eligible
employees.
Sec. 19. Laws 1991, chapter 265, article 1, section 30, is
amended to read:
Sec. 30. [BADGER SCHOOL DISTRICT FUND BALANCE.]
If independent school district No. 676, Badger, receives
payment of delinquent property taxes from one taxpayer 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 attributed to the payment for the
following two five fiscal years.
Sec. 20. [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.] (a) For fellowship grants to
highly qualified minorities seeking alternative preparation for
licensure:
$100,000 ..... 1994
$100,000 ..... 1995
(b) 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.
Subd. 3. [TEACHER EDUCATION IMPROVEMENT.] For board of
teaching responsibilities relating to implementation of the
teaching residency program:
$300,000 ..... 1994
$300,000 ..... 1995
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [TEACHER MENTORING PROGRAMS.] For teacher
mentoring programs according to Minnesota Statutes, section
125.131:
$340,000 ..... 1994
$340,000 ..... 1995
Any balance in the first year does not cancel but is
available in the second year.
Sec. 21. [MINNESOTA CENTER FOR ARTS EDUCATION
APPROPRIATION.]
Subdivision 1. [ARTS CENTER.] The sums indicated in this
section are appropriated from the general fund to the Minnesota
center for arts education in the fiscal year designated:
$387,000 ..... 1994
$421,000 ..... 1995
Of the fiscal year 1994 appropriation, $225,000 is to fund
artist and arts organization participation in the education
residency project, $75,000 is for school support for the
residency project, and $87,000 is for further development of the
partners: arts and school for students (PASS) program,
including pilots. Of the fiscal year 1995 appropriation,
$215,000 is to fund artist and arts organizations participation
in the education residency project, $75,000 is for school
support for the residency project, and $121,000 is to fund the
PASS program, including additional pilots. The guidelines for
the education residency project and the pass program shall be
developed and defined by the Minnesota arts board. The
Minnesota arts board shall participate in the review and
allocation process. The center for arts education shall
cooperate with the Minnesota arts board to fund these projects.
Sec. 22. [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:
$7,334,000 ..... 1994
$7,567,000 ..... 1995
The 1994 appropriation includes $902,000 for 1993 and
$6,432,000 for 1994.
The 1995 appropriation includes $1,135,000 for 1994 and
$6,432,000 for 1995.
Subd. 3. [INTEGRATION GRANTS.] (a) For grants to districts
implementing desegregation plans mandated by the state board:
$18,844,000 ..... 1994
$18,844,000 ..... 1995
(b) $1,385,000 each year must be allocated to independent
school district No. 709, Duluth; $9,368,300 each year must be
allocated to special school district No. 1, Minneapolis; and
$8,090,500 each year must be allocated to independent school
district No. 625, St. Paul. As a condition of receiving a
grant, each district must deposit any increase in state aid over
the fiscal year 1993 amount in a separate account. Each
district must continue to report its costs according to the
uniform financial accounting and reporting system. Each
district must use the increase in aid to provide educational
programs including assurance of mastery under Minnesota
Statutes, section 124.311, English as a second language,
individualized learning and development under Minnesota
Statutes, sections 124.331 to 124.333, and reading recovery.
Each district must submit a report to the chairs of the
education committees of the legislature about the actual
expenditures it made to integrate schools using the grant
money. The report must indicate changes in student performance
as a result of the expenditure of these grants. 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. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123.931
to 123.947:
$9,623,000 ..... 1994
$9,696,000 ..... 1995
The 1994 appropriation includes $1,333,000 for 1993 and
$8,290,000 for 1994.
The 1995 appropriation includes $1,463,000 for 1994 and
$8,233,000 for 1995.
Subd. 5. [SCHOOL LUNCH AND FOOD STORAGE AID.] (a) 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:
$6,525,000 ..... 1994
$6,525,000 ..... 1995
(b) 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.
(c) If the appropriation amount attributable to either year
is insufficient, the rate of payment for each 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.
(d) 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.
(e) Not more than $800,000 of the amount appropriated each
year may be used for school milk aid.
Subd. 6. [SCHOOL BREAKFAST.] To operate the school
breakfast program:
$200,000 ..... 1994
$200,000 ..... 1995
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each student breakfast
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 unexpected balance
remaining shall be used to subsidize the payments made for
school lunch aid per Minnesota Statutes, section 124.646.
Subd. 7. [MINORITY TEACHER INCENTIVES.] For minority
teacher incentives according to Minnesota Statutes, section
124.278:
$600,000 ..... 1994
Any unexpended balance remaining in 1994 does not cancel
but is available in 1995.
Subd. 8. [CROSS-CULTURAL INITIATIVES.] For cross-cultural
initiatives:
$135,000 ..... 1994.
(a) $10,000 is for the State Multicultural Education
Advisory Council.
(b) $125,000 is for four groups of grants, each group in
the total amount of $31,250. The grants shall be awarded by the
department of education to community groups representing persons
of the following racial-ethnic heritages:
(1) African-American;
(2) American Indian;
(3) Asian-Pacific; and
(4) Hispanic.
At least one grant shall be awarded on behalf of persons in
each racial-ethnic group in clauses (1) to (4).
The grants shall be used to enhance cross-cultural
understanding among K-12 students and staff. The community
groups that receive grants shall work with school districts to
present or develop programs for students or staff.
The department shall develop criteria in consultation with
the State Multicultural Education Advisory Council for awarding
grants to community groups to develop cross-cultural
understanding. Community groups must meet the criteria
developed by the department and the committee in order to
receive a grant.
(c) Any balance from the 1994 appropriation does not cancel
but is available for fiscal year 1995.
Subd. 9. [APPROPRIATIONS FOR SCHOOL DISTRICTS.] For grants
to certain school districts:
$ 50,000 ..... 1994
$ 50,000 ..... 1995
$20,000 in 1994 and $20,000 in 1995 are for grants to
independent school district No. 707, Nett Lake, to pay insurance
premiums under Minnesota Statutes, section 466.06.
$30,000 in 1994 and $30,000 in 1995 are for grants to
independent school district No. 707, Nett Lake, for the payment
of obligations of the school district for unemployment
compensation. The appropriation must be paid to the appropriate
state agency for such purposes in the name of the school
district.
Subd. 10. [SUMMER FOOD SERVICE INCENTIVES.] For an
increase of up to 30 in the number of department approved summer
food service programs:
$30,000 ..... 1994
The appropriation is available until June 30, 1995.
Each new program sponsor is eligible for a $1,000 grant.
Subd. 11. [CAREER TEACHER AID.] For career teacher aid
according to Minnesota Statutes, section 124.276:
$250,000 ..... 1994
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. 12. [TEACHERS OF COLOR PROGRAM.] For grants to
school districts for the teachers of color program:
$300,000 ..... 1994
$300,000 ..... 1995
Of this appropriation, at least $75,000 each fiscal year
shall be for educating people of color to be early childhood and
parent educators.
Subd. 13. [EDUCATION IN AGRICULTURE LEADERSHIP
COUNCIL.] For operating expenses of the Minnesota education in
agriculture leadership council.
$50,000 ..... 1994
Any balance in the first year does not cancel but is
available in the second year.
Sec. 23. [EFFECTIVE DATE.]
Section 11 is effective July 1, 1993, and applies for the
first time to levies for 1993 taxes payable in 1994.
Sections 16 and 19 are effective the day following final
enactment.
Section 14 is effective the day after final enactment.
Section 17 is effective the day following final enactment.
ARTICLE 9
MISCELLANEOUS
Section 1. Minnesota Statutes 1992, section 120.0621, is
amended to read:
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 to be attended borders
Minnesota.
Subd. 3. [PUPILS IN BORDERING STATES.] A non-Minnesota
pupil who resides in an adjoining state in a county school
district 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 Minnesota 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. 5a. [TUITION PAYMENTS.] In each odd-numbered year,
before March 1, the state board of education shall agree to
rates of tuition for Minnesota elementary and secondary pupils
attending in other states for the next two fiscal years. The
board shall negotiate equal, reciprocal rates with the
designated authority in each state for pupils who reside in an
adjoining state and enroll in a Minnesota school district. The
rates must be at least equal to the tuition specified in section
120.08, subdivision 1. The tuition rate for a pupil with a
disability must be equal to the actual cost of instruction and
services provided. The resident district of a Minnesota pupil
attending in another state under this section must pay the
amount of tuition agreed upon in this section to the district of
attendance, prorated on the basis of the proportion of the
school year attended.
Subd. 5b. [TRANSPORTATION OF STUDENTS.] (a) The agreement
under subdivision 5a with each state must specify that the
attending district in each state transport a pupil from the
district boundary to the school of attendance.
(b) Notwithstanding paragraph (a), the districts of
residence and attendance may agree that either district may
provide transportation from a pupil's home or agreed upon
location to school. Transportation aid for Minnesota students
eligible for aid shall be paid only for transportation within
the resident district.
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 provisions for Minnesota pupils residing in
districts located in all South Dakota counties that border
Minnesota in this section. 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 provisions
for Minnesota pupils in this section.
Sec. 2. Minnesota Statutes 1992, section 120.064,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSES.] (a) 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.
(b) This section does not provide a means to keep open a
school that otherwise would be closed. Applicants in these
circumstances bear the burden of proving that conversion to an
outcome-based school fulfills a purpose specified in this
subdivision, independent of the school's closing.
Sec. 3. Minnesota Statutes 1992, section 120.064,
subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] (a) A school board may sponsor an one
or more outcome-based school schools.
(b) A school board may authorize a maximum of two five
outcome-based schools. No more than a total of eight 20
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.
Sec. 4. Minnesota Statutes 1992, section 120.064,
subdivision 4, is amended to read:
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 125.05,
subdivision 1, to form and operate an outcome-based school
subject to approval by the state board of education. If a
school board elects not to sponsor an outcome-based school, the
applicant may appeal the school board's decision to the state
board of education if two members of the school board voted to
sponsor the school. If the state board authorizes the school,
the state board shall sponsor the school according to this
section. The teachers school shall organize be organized and
operate a school operated as a cooperative under chapter 308A or
nonprofit corporation under chapter 317A.
(b) Before a teacher the operators 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 operators authorized to organize and
operate a school shall hold an election for members of the
school's board of directors in a timely manner after the school
is operating. All Any staff members who are employed at the
school, including teachers providing instruction under a
contract with a cooperative, and all parents of children
enrolled in the school may participate in the election.
Licensed teachers employed at the school, including teachers
providing instruction under a contract with a cooperative, must
be a majority of the members of the board of directors. A
provisional board may operate before the election of the
school's 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.
Sec. 5. Minnesota Statutes 1992, section 120.064, is
amended by adding a subdivision to read:
Subd. 4a. [CONVERSION OF EXISTING SCHOOLS.] A school board
may convert one or more of its existing schools to outcome-based
schools under this section if 90 percent of the full-time
teachers at the school sign a petition seeking conversion. The
conversion must occur at the beginning of an academic year.
Sec. 6. Minnesota Statutes 1992, section 120.064,
subdivision 5, is amended to read:
Subd. 5. [CONTRACT.] 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. 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.
Sec. 7. Minnesota Statutes 1992, section 120.064,
subdivision 8, is amended to read:
Subd. 8. [REQUIREMENTS.] (a) An outcome-based school shall
meet the same all applicable state and local health and safety
requirements required of a school district.
(b) The school must be located in Minnesota the sponsoring
district, unless another school board agrees to locate an
outcome-based school sponsored by another district in its
boundaries. Its specific location may not be prescribed or
limited by a sponsor or other authority except a zoning
authority. If a school board denies a request to locate within
its boundaries an outcome-based school sponsored by another
district, the sponsoring district may appeal to the state board
of education. If the state board authorizes the school, the
state board shall sponsor the school.
(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.
Sec. 8. Minnesota Statutes 1992, section 120.064,
subdivision 9, is amended to read:
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; or
(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 where the
percentage of the population of non-Caucasian people in the
geographic of that area is greater than the percentage of the
non-Caucasian population in the congressional district in which
the geographic area is located, and as long as the school
reflects the racial and ethnic diversity of that the specific
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.
Sec. 9. Minnesota Statutes 1992, section 120.064,
subdivision 11, is amended to read:
Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.]
The school's board of directors school shall employ and or
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
school 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 school 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.
Sec. 10. Minnesota Statutes 1992, section 120.064,
subdivision 16, is amended to read:
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. If a school is unable to
lease appropriate space from an eligible board or other public
or private nonprofit nonsectarian organization, the school may
lease space from another nonsectarian organization if the
department of education, in consultation with the department of
administration, approves the lease.
Sec. 11. Minnesota Statutes 1992, section 120.064,
subdivision 18, is amended to read:
Subd. 18. [DISSEMINATE INFORMATION.] The sponsor, the
operators, and 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. Particular groups to
be targeted include low-income families and communities, and
students of color.
Sec. 12. Minnesota Statutes 1992, section 120.064,
subdivision 21, is amended to read:
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. If the sponsor
is a local school board, the school's board of directors may
appeal the sponsor's decision to the state board of education.
(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.
Sec. 13. Minnesota Statutes 1992, section 120.101,
subdivision 5, is amended to read:
Subd. 5. [AGES AND TERMS.] For the 1988-1989 school year
and the school years thereafter, every child between seven and
16 years of age shall receive instruction for at least 170 the
number of days each year required under subdivision 5b. For the
2000-2001 school year and later school years, every child
between seven and 18 years of age shall receive instruction for
at least 170 the number of days each year required under
subdivision 5b. Every child under the age of seven who is
enrolled in a half-day kindergarten, or a full-day kindergarten
program on alternate days, or other kindergarten programs shall
receive instruction at least equivalent to 170 half days half of
each day for the number of days each year set out in subdivision
5b. Except as provided in subdivision 5a, a parent may withdraw
a child under the age of seven from enrollment at any time.
Sec. 14. Minnesota Statutes 1992, section 120.101,
subdivision 5b, is amended 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 170 days through the
1994-1995 school year, and for later years, at least the number
of days per school 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. 15. Minnesota Statutes 1992, section 120.102,
subdivision 1, is amended to read:
Subdivision 1. [REPORTS TO SUPERINTENDENT.] The person in
charge of providing instruction to a child shall submit the
following information to the superintendent of the district in
which the child resides:
(1) by October 1 of each school year, the name, age, and
address of each child receiving instruction;
(2) the name of each instructor and evidence of compliance
with one of the requirements specified in section 120.101,
subdivision 7;
(3) an annual instructional calendar showing that
instruction will occur on at least 170 the number of days
required under section 120.101, subdivision 5b; and
(4) for each child instructed by a parent who meets only
the requirement of section 120.101, subdivision 7, clause (6), a
quarterly report card on the achievement of the child in each
subject area required in section 120.101, subdivision 6.
Sec. 16. Minnesota Statutes 1992, section 121.16,
subdivision 1, is amended to read:
Subdivision 1. The department shall be under the
administrative control of the commissioner of education which
office is established. The commissioner shall be the secretary
of the state board. The governor shall appoint the commissioner
shall be appointed by the state board with the approval of the
governor under the provisions of section 15.06. For purposes of
section 15.06, the state board is the appointing authority.
The commissioner shall be a person who possesses
educational attainment and breadth of experience in the
administration of public education and of the finances
pertaining thereto commensurate with the spirit and intent of
this code. Notwithstanding any other law to the contrary, the
commissioner may appoint two deputy commissioners who shall
serve in the unclassified service. The commissioner shall also
appoint other employees as may be necessary for the organization
of the department. The commissioner shall perform such duties
as the law and the rules of the state board may provide and be
held responsible for the efficient administration and discipline
of the department. The commissioner shall make recommendations
to the board and be charged with the execution of powers and
duties which the state board may prescribe, from time to time,
to promote public education in the state, to safeguard the
finances pertaining thereto, and to enable the state board to
carry out its duties.
Sec. 17. Minnesota Statutes 1992, section 121.16, is
amended by adding a subdivision to read:
Subd. 3. The commissioner shall review all
education-related mandates in state law or rule once every four
years to determine which mandates fail to adequately promote
public education in the state. The commissioner shall report
the findings of the review to the education committees of the
legislature by February 1 in the year following the completion
of the review.
Sec. 18. Minnesota Statutes 1992, section 122.23,
subdivision 18, is amended to read:
Subd. 18. (a) The county auditor shall determine a date,
not less than 20 nor more than 60 days from the date that the
order setting the effective date of the consolidation according
to subdivision 13 was issued, upon which date shall be held a
special election in the district for the purpose of electing a
board of six members for terms as follows: two until the July 1
one year after the effective date of the consolidation, two
until the expiration of one year from said July 1, and two until
the expiration of two years from said July 1, to hold office
until a successor is elected and qualifies according to
provisions of law governing the election of board members in
independent districts. If the resolution or petition for
consolidation pursuant to subdivision 2 proposed that the board
of the newly created district consists of seven members, then
seven members shall be elected at this election for the terms
provided in this clause except that three members shall hold
office until the expiration of two years from said July 1. If
the resolution or petition for consolidation pursuant to
subdivision 2 proposed the establishment of separate election
districts, these members shall be elected from separate election
districts according to the provisions of that resolution or
petition and of chapter 205A.
(b) The county auditor shall give ten days' posted notice
of election in the area in which the election is to be held and
also if there be a newspaper published in the proposed new
district, one weeks' published notice shall be given. The
notice shall specify the time, place, and purpose of the
election.
(c) Any person desiring to be a candidate for a school
election shall file an application with the county auditor to
have the applicant's name placed on the ballot for such office,
specifying the term for which the application is made. The
application shall be filed not less than 12 days before the
election.
(d) The county auditor shall prepare, at the expense of the
county, necessary ballots for the election of officers, placing
thereon the names of the proposed candidates for each office.
The ballots shall be marked and signed as official ballots and
shall be used exclusively at the election. The county auditor
shall determine the number of voting precincts and the
boundaries of each. The county auditor shall determine the
location of polling places and the hours the polls shall be open
and shall appoint three election judges for each polling place
who shall act as clerks of election. Election judges shall
certify ballots and results to the county auditor for tabulation
and canvass.
(e) After making a canvass and tabulation, the county
auditor shall issue a certificate of election to the candidate
for each office who received the largest number of votes cast
for the office. The county auditor shall deliver such
certificate to the person entitled thereto by certified mail,
and each person so certified shall file an acceptance and oath
of office with the county auditor within 30 days of the date of
mailing of the certificate. A person who fails to qualify prior
to the time specified shall be deemed to have refused to serve,
but such filing may be made at any time before action to fill
vacancy has been taken.
(f) The board of each district included in the new enlarged
district shall continue to maintain school therein until the
effective date of the consolidation. Such boards shall have
power and authority only to make such contracts, to do such
things as are necessary to maintain properly the schools for the
period prior to that date, and to certify to the county auditor
according to levy limitations applicable to the component
districts the taxes collectible in the calendar year when the
consolidation becomes effective.
(g) It shall be the immediate duty of the newly elected
board of the new enlarged district, when the members thereof
have qualified and the board has been organized, to plan for the
maintenance of the school or schools of the new district for the
next school year, to enter into the necessary negotiations and
contracts for the employment of personnel, purchase of equipment
and supplies, and other acquisition and betterment purposes,
when authorized by the voters to issue bonds under the
provisions of chapter 475; and on the effective date of the
consolidation to assume the full duties of the care, management
and control of the new enlarged district. The board of the new
enlarged district shall give due consideration to the
feasibility of maintaining such existing attendance centers and
of establishing such other attendance centers, especially in
rural areas, as will afford equitable and efficient school
administration and assure the convenience and welfare of the
pupils residing in the enlarged district. The obligations of
the new board to teachers employed by component districts shall
be governed by the provisions of section 122.532. The
obligations of the new board to nonlicensed employees employed
by component districts is governed by subdivision 18a.
Sec. 19. Minnesota Statutes 1992, section 122.23, is
amended by adding a subdivision to read:
Subd. 18a. [NONLICENSED EMPLOYEES.] (a) As of the
effective date of a consolidation of two or more districts or
parts of them, each nonlicensed employee employed by an affected
district must be assigned to the newly created district.
(b) As of the effective date of a consolidation, any
employee organization may petition the commissioner of the
bureau of mediation services for a certification election under
chapter 179A. An organization certified as the exclusive
representative for nonlicensed employees in a particular
preexisting district continues as the exclusive representative
for those particular employees for a period of 90 days from the
effective date of a consolidation. If a petition for
representation of nonlicensed employees is filed within 90 days,
an exclusive representative for those particular nonlicensed
employees continues as the exclusive representative until the
bureau of mediation services certification proceedings are
concluded.
(c) The terms and conditions of employment of nonlicensed
employees assigned to the newly created district are temporarily
governed by contracts executed by an exclusive representative
for a period of 90 days from the effective date of the
consolidation. If a petition for representation is filed with
the bureau of mediation services within the 90 days, the
contractual terms and conditions of employment for those
nonlicensed employees who were governed by a preexisting
contract continue in effect until the bureau of mediation
services proceedings are concluded and, if an exclusive
representative has been elected, until successor contracts are
executed between the board of the newly created district and the
new exclusive representative. The terms and conditions of
employment of nonlicensed employees assigned to the newly
created district who were not governed by a collective
bargaining agreement at the time of the consolidation are
governed by the policies of the board of the newly created
district.
(d) The date of first employment in the newly created
district is the date on which services were first performed by
the employee in the preexisting district. Any sick leave,
vacation time, or severance pay benefits accumulated under
policies of the preexisting district or contracts between the
exclusive representatives and the board of the preexisting
district continue to apply in the newly created district to the
employees of the preexisting districts, subject to any maximum
accumulation limitations negotiated in a successor contract.
Future leaves of absence, vacations, or other benefits to be
accumulated in the newly created district are governed by board
policy or by contract between the exclusive representative of an
appropriate unit of employees and the board of the newly created
district. The board of the newly created district shall
provide, to transferred nonlicensed employees, open enrollment
in all insurance plans with no limit on preexisting conditions.
Sec. 20. Minnesota Statutes 1992, section 122.895,
subdivision 2, is amended to read:
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; and
(7) school districts participating in an agreement for the
cooperative provision of special education services to children
with disabilities according to section 120.17, subdivision 4.
Sec. 21. Minnesota Statutes 1992, section 122.895, is
amended by adding a subdivision to read:
Subd. 2a. [AGREEMENTS FOR COOPERATIVE SPECIAL
EDUCATION.] (a) Upon the termination of an agreement according
to section 120.17, subdivision 4, a teacher employed to provide
special education services by a school district participating in
the agreement will be afforded rights to employment by other
school districts according to subdivisions 3, 4, and 5.
Nonlicensed employees of a participating district employed to
provide special education services will, upon the agreement's
termination, be afforded rights to employment by other
participating districts according to subdivision 8.
(b) Upon a school district's withdrawal from the
cooperative provision of special education under an agreement
according to section 120.17, subdivision 4, a teacher employed
to provide special education services by a participating
district will be afforded rights to employment by other school
districts according to subdivisions 3, 6, and 7. Nonlicensed
employees of a participating district employed to provide
special education services will be afforded rights to employment
by the withdrawing district according to subdivision 9.
Sec. 22. Minnesota Statutes 1992, 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
three years from the date of employment. Any subsequent
employment contract must not exceed a period of three years. A
school board, at its discretion, may or may not renew an
employment contract. A school board shall not, by action or
inaction, extend the duration of an existing employment
contract. Beginning 365 days prior to the expiration date of an
existing employment contract, a school board may negotiate and
enter into a subsequent employment contract to take effect upon
the expiration of the existing contract. A subsequent contract
shall be contingent upon the employee completing the terms of an
existing contract. If a contract between a school board and a
superintendent is terminated prior to the date specified in the
contract, the school board may not enter into another
superintendent contract with that same individual that has a
term that extends beyond the date specified in the terminated
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 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 order of employment in a contracting district.
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. 23. Minnesota Statutes 1992, section 123.3514,
subdivision 5, is amended to read:
Subd. 5. [CREDITS.] A pupil may enroll in a course under
this section for either secondary credit or post-secondary
credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or
post-secondary credit. A pupil taking several courses may
designate some for secondary credit and some for post-secondary
credit. A pupil must not audit a course under this section.
A school district shall grant academic credit to a pupil
enrolled in a course for secondary credit if the pupil
successfully completes the course. Nine Seven quarter or six
four semester college credits equal at least one full year of
high school credit. Fewer college credits may be prorated. A
school district shall also grant academic credit to a pupil
enrolled in a course for post-secondary credit if secondary
credit is requested by a pupil. If no comparable course is
offered by the district, the district shall, as soon as
possible, notify the state board of education, which shall
determine the number of credits that shall be granted to a pupil
who successfully completes a course. If a comparable course is
offered by the district, the school board shall grant a
comparable number of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number
of credits granted for a particular course, the pupil may appeal
the school board's decision to the state board of education.
The state board's decision regarding the number of credits shall
be final.
The secondary credits granted to a pupil shall be counted
toward the graduation requirements and subject area requirements
of the school district. Evidence of successful completion of
each course and secondary credits granted shall be included in
the pupil's secondary school record. A pupil must provide the
school with a copy of the pupil's grade in each course taken for
secondary credit under this section. Upon the request of a
pupil, the pupil's secondary school record shall also include
evidence of successful completion and credits granted for a
course taken for post-secondary credit. In either case, the
record shall indicate that the credits were earned at a
post-secondary institution.
If a pupil enrolls in a post-secondary institution after
leaving secondary school, the post-secondary institution shall
award post-secondary credit for any course successfully
completed for secondary credit at that institution. Other
post-secondary institutions may award, after a pupil leaves
secondary school, post-secondary credit for any courses
successfully completed under this section. An institution may
not charge a pupil for the award of credit.
Sec. 24. Minnesota Statutes 1992, section 123.3514,
subdivision 6, is amended to read:
Subd. 6. [FINANCIAL ARRANGEMENTS.] For a pupil enrolled in
a course under this section, the department of education shall
make payments according to this subdivision for courses that
were taken for secondary credit.
The department shall not make payments to a school district
or post-secondary institution for a course taken for
post-secondary credit only.
A public post-secondary system or private post-secondary
institution shall receive 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.
The department of education shall pay to each public
post-secondary system and to each private institution 100
percent of the amount in clause (1) or (2) within 30 days of
receiving initial enrollment information each quarter or
semester. If changes in enrollment occur during a quarter or
semester, the change shall be reported by the post-secondary
system or institution at the time the enrollment information for
the succeeding quarter or semester is submitted. At any time
the department of education notifies a post-secondary system or
institution that an overpayment has been made, the system or
institution shall promptly remit the amount due.
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 124A.22, subdivision 2, times 1.3; or
(2) for a pupil who attends a secondary school part time,
the formula allowance, according to section 124A.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. 25. Minnesota Statutes 1992, section 123.3514,
subdivision 6b, is amended to read:
Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.]
For a pupil enrolled in a course according to this section, the
department of education shall make payments according to this
subdivision for courses taken to fulfill high school graduation
requirements by pupils eligible for adult high school graduation
aid.
The department must not make payments to a school district
or post-secondary institution for a course taken for
post-secondary credit only.
A public post-secondary system or private post-secondary
institution shall receive 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.
The department of education shall pay to each public
post-secondary system and to each private institution 100
percent of the amount in clause (1) or (2) within 30 days of
receiving initial enrollment information each quarter or
semester. If changes in enrollment occur during a quarter or
semester, the change shall be reported by the post-secondary
system or institution at the time the enrollment information for
the succeeding quarter or semester is submitted. At any time
the department of education notifies a post-secondary system or
institution that an overpayment has been made, the system or
institution shall promptly remit the amount due.
A school district shall receive:
(1) for a pupil who is not enrolled in classes at a
secondary program, 12 percent of the general education formula
allowance times .65, times 1.3; or
(2) for a pupil who attends classes at a secondary program
part time, the general education formula allowance times .65,
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. 26. Minnesota Statutes 1992, section 123.3514,
subdivision 6c, is amended to read:
Subd. 6c. [FINANCIAL ARRANGEMENTS FOR COURSES PROVIDED
ACCORDING TO AGREEMENTS.] (a) The agreement between a school
board and the governing body of a public post-secondary system
or private post-secondary institution shall set forth the
payment amounts and arrangements, if any, from the school board
to the post-secondary institution. No payments shall be made by
the department of education according to subdivision 6 or 6b.
For the purpose of computing state aids for a school district, a
pupil enrolled according to subdivision 4e shall be counted in
the average daily membership of the school district as though
the pupil were enrolled in a secondary course that is not
offered in connection with an agreement. Nothing in this
subdivision shall be construed to prohibit a public
post-secondary system or private post-secondary institution from
receiving additional state funding that may be available under
any other law.
(b) If a course is provided under subdivision 4e, offered
at a secondary school, and taught by a secondary teacher, the
post-secondary system or institution must not require a payment
from the school board that exceeds the cost to the
post-secondary institution that is directly attributable to
providing that course.
Sec. 27. Minnesota Statutes 1992, section 123.935,
subdivision 7, is amended to read:
Subd. 7. [NONPUBLIC EDUCATION COUNCIL.] The commissioner
shall appoint a 15-member council on nonpublic education. The
15 members shall represent various areas of the state, represent
various methods of providing nonpublic education, and shall be
knowledgeable about nonpublic education. The compensation,
removal of members, filling of vacancies, and terms are governed
by section 15.0575. The council expires as provided in section
15.059, subdivision 5 shall not expire. The council shall
advise the commissioner and the state board on nonpublic school
matters under this section. The council may recognize
educational accrediting agencies, for the sole purpose of
sections 120.101, 120.102, and 120.103. When requested by the
commissioner or the state board, the council may submit its
advice about other nonpublic school matters.
Sec. 28. Minnesota Statutes 1992, 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 prekindergarten pupil with a disability 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 prekindergarten pupil with a disability 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 kindergarten pupil with a disability 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
1.3 pupil units.
(h) A pupil who is in the post-secondary enrollment options
program is counted as 1.3 pupil units.
Sec. 29. Minnesota Statutes 1992, section 124.17, is
amended by adding a subdivision to read:
Subd. 2f. [PSEO PUPILS.] The average daily membership for
a student participating in the post-secondary enrollment options
program equals the lesser of
(1) 1.00, or
(2) the greater of
(i) .12, or
(ii) the ratio of the number of hours the student is
enrolled in the secondary school to the product of the number of
days required in section 120.101, subdivision 5b, times the
minimum length of day required in Minnesota Rules, part
3500.1500, subpart 1.
Sec. 30. Minnesota Statutes 1992, 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 170 175 days through the 1994-1995 school
year and the number of days required in section 120.101,
subdivision 5b 1b thereafter, 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 the required number of days and the
number of days school is held bears to 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
is 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, days devoted to
parent-teacher conferences, teachers' workshops, or other staff
development opportunities as part of the required minimum number
of days must not exceed five days through the 1994-1995 school
year and for subsequent school years the difference between the
number of days required in subdivision 1b and the number of
instructional days required in subdivision 5b. For
kindergarten, days 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. 31. Minnesota Statutes 1992, section 124.248,
subdivision 4, is amended to read:
Subd. 4. [OTHER AID, GRANTS, REVENUE.] (a) 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.
(b) Any revenue received from any source, other than
revenue that is specifically allowed for operational,
maintenance, capital facilities revenue under paragraph (c), and
capital expenditure equipment costs under this section, may be
used only for the planning and operational start-up costs of an
outcome-based school. Any unexpended revenue from any source
under this paragraph must be returned to that revenue source or
conveyed to the sponsoring school district, at the discretion of
the revenue source.
(c) An outcome-based school may receive money from any
source for capital facilities needs. Any unexpended capital
facilities revenue must be reserved and shall be expended only
for future capital facilities purposes.
Sec. 32. Minnesota Statutes 1992, section 124.48,
subdivision 3, is amended to read:
Subd. 3. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota
Indian scholarship committee is established. Members shall be
appointed by the state board with the assistance of the Indian
affairs council as provided in section 3.922, subdivision 6.
Members shall be reimbursed for expenses as provided in section
15.059, subdivision 6. The state board shall determine the
membership terms and duration of the committee, which expires no
later than the date provided in section 15.059, subdivision 5
June 30, 1997. The committee shall provide advice to the state
board in awarding scholarships to eligible American Indian
students and in administering the state board's duties regarding
awarding of American Indian post-secondary preparation grants to
school districts.
Sec. 33. Minnesota Statutes 1992, section 125.1885,
subdivision 3, is amended to read:
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.
Sec. 34. Minnesota Statutes 1992, 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.
The committee expires as provided in section 15.059,
subdivision 5 on June 30, 1996.
Sec. 35. [126.83] [SECONDARY CREDIT FOR EIGHTH GRADE
STUDENTS.]
A student in eighth grade who satisfactorily completes at
least 120 hours of instruction in a high school course is
eligible to receive secondary course credit and the credit shall
count toward the student's graduation requirements. This
section expires August 1, 1996.
Sec. 36. Minnesota Statutes 1992, section 127.15, is
amended to read:
127.15 [DEALING IN SCHOOL SUPPLIES.]
Except as provided for in sections 471.87 and 471.88, no
teacher in the public schools, nor any state, county, town,
city, or district school officer, including any superintendent
of schools, or any member of any school board, nor any person
connected with the public school system in any capacity, shall
be interested directly or indirectly in the sale, proceeds, or
profits of any book, apparatus, or furniture used, or to be
used, in any school with which the person is connected in any
official capacity. Any person violating any of the provisions
of this section shall forfeit not less than $50, nor more than
$200 for each such offense. This section shall not apply to a
person who may have an interest in the sale of any book of which
that person is the author. Nothing in this section shall
prohibit the spouse of an employee or officer covered by this
section from contracting with the school district for the sale
or lease of books, apparatus, furniture, or other supplies to be
used in a school with which the employee or officer is connected
in any official capacity, as long as the employee's or officer's
position does not involve approving contracts for supplies and
the school board unanimously approves the transaction.
Sec. 37. Minnesota Statutes 1992, section 127.455, is
amended to read:
127.455 [MODEL POLICY.]
The commissioner of education shall maintain and make
available to school boards a model sexual, religious, and racial
harassment and violence policy. The model policy shall address
the requirements of section 127.46.
Each school board shall submit to the commissioner of
education a copy of the sexual, religious, and racial harassment
and sexual, religious, and racial violence policy the board has
adopted.
Sec. 38. Minnesota Statutes 1992, section 127.46, is
amended to read:
127.46 [SEXUAL, RELIGIOUS, AND RACIAL HARASSMENT AND
VIOLENCE POLICY.]
Each school board shall adopt a written sexual, religious,
and racial harassment and sexual, religious, and racial violence
policy that conforms with sections 363.01 to 363.15. The policy
shall apply to pupils, teachers, administrators, and other
school personnel, include reporting procedures, and set forth
disciplinary actions that will be taken for violation of the
policy. Disciplinary actions must conform with collective
bargaining agreements and sections 127.27 to 127.39. The policy
must be conspicuously posted throughout each school building and
included in each school's student handbook on school policies.
Each school must develop a process for discussing the school's
sexual, religious, and racial harassment and violence policy
with students and school employees.
Sec. 39. Minnesota Statutes 1992, section 128A.03,
subdivision 2, is amended to read:
Subd. 2. [TERMS, PAY, REMOVAL, EXPIRATION.] The terms,
pay, and provisions for removal of members, and for the
expiration of the council are in section 15.059, subdivisions 2,
3, and 4, and 5. The council shall expire on June 30, 1997.
Sec. 40. Minnesota Statutes 1992, section 128C.02, is
amended by adding a subdivision to read:
Subd. 7. [WOMEN REFEREES.] The league shall adopt league
rules and policy requiring, to the extent possible, the equal
employment of women as referees for high school activities and
sports contests, from game level to tournament level.
Sec. 41. Minnesota Statutes 1992, section 134.31,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall
appoint an advisory committee of five members to advise the
staff of the Minnesota library for the blind and physically
handicapped on long-range plans and library services. Members
shall be people who use the library. Section 15.059 governs
this committee except that the committee shall expire on June
30, 1997.
Sec. 42. Minnesota Statutes 1992, section 144.4165, is
amended to read:
144.4165 [TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.]
No person shall at any time smoke or use any other, chew,
or otherwise ingest tobacco or a tobacco product in a public
school, as defined in section 120.05, subdivision 2. This
prohibition extends to all facilities, whether owned, rented, or
leased, and all vehicles that a school district owns, leases,
rents, contracts for, or controls. This prohibition does not
apply to a technical college. Nothing in this section shall
prohibit the lighting of tobacco by an adult as a part of a
traditional Indian spiritual or cultural ceremony. For purposes
of this section, an Indian is a person who is a member of an
Indian tribe as defined in section 257.351, subdivision 9.
Sec. 43. Minnesota Statutes 1992, section 471.88, is
amended by adding a subdivision to read:
Subd. 16. [SCHOOL DISTRICT.] Notwithstanding subdivision
5, a school board member may be newly employed or may continue
to be employed by a school district as an employee only if there
is a reasonable expectation at the beginning of the fiscal year
or at the time the contract is entered into or extended that the
amount to be earned by that officer under that contract or
employment relationship will not exceed $5,000 in that fiscal
year. Notwithstanding section 125.12 or 125.17 or other law, if
the officer does not receive unanimous approval to continue in
employment at a meeting at which all board members are present,
that employment is immediately terminated and that officer has
no further rights to employment while serving as a school board
member in the district.
Sec. 44. Minnesota Statutes 1992, section 609.685,
subdivision 3, is amended to read:
Subd. 3. [PETTY MISDEMEANOR.] Whoever uses smokes, chews,
or otherwise ingests, purchases, or attempts to purchase tobacco
or tobacco related devices and is under the age of 18 years is
guilty of a petty misdemeanor. This subdivision does not apply
to a person under the age of 18 years who purchases or attempts
to purchase tobacco or tobacco related devices while under the
direct supervision of a responsible adult for training,
education, research, or enforcement purposes.
Sec. 45. Minnesota Statutes 1992, section 609.685, is
amended by adding a subdivision to read:
Subd. 5. [EXCEPTION.] Notwithstanding subdivision 2, an
Indian may furnish tobacco to an Indian under the age of 18
years if the tobacco is furnished as part of a traditional
Indian spiritual or cultural ceremony. For purposes of this
subdivision, an Indian is a person who is a member of an Indian
tribe as defined in section 257.351, subdivision 9.
Sec. 46. [DESEGREGATION RULE.]
Subdivision 1. [MEETINGS.] The state board of education
shall convene several roundtable discussion meetings to address
issues regarding the board's proposed changes to the
desegregation and inclusive education rules. Participants in
these discussion meetings shall include, but not be limited to,
representatives of the three cities of the first class, NAACP,
Urban League, Urban Coalition, American Indian Affairs Council,
Asian-Pacific Council, Spanish-Speaking Affairs Council, Centro
Cultural Chicano, Chicanos y Latinos Unidos En Servicio,
Division of Indian Works, Lao Family Community of Minnesota,
Women's Association of Hmong and Lao, Hmong American
Partnership, Council on Black Minnesotans, state board's
desegregation task forces, parents, students, and
representatives of suburban districts.
Subd. 2. [DISCUSSION ISSUES.] (a) The purpose of these
discussions shall be to recommend changes in the desegregation
rule to better fulfill the promise of equal educational
opportunity articulated in the landmark United States Supreme
Court case of Brown v. Board of Education.
(b) The issues to be discussed at these meetings shall at
minimum include:
(1) standards for approving or disapproving desegregation
plans;
(2) implementation and compliance issues;
(3) thresholds for requiring desegregation plans;
(4) legally permissible alternative approaches to meeting
the needs of students of color;
(5) methods for preventing resegregation in urban
districts, including metropolitanwide desegregation approaches;
(6) fiscal implications of proposed changes;
(7) housing and transportation issues relating to
segregation;
(8) a review of current demographics and enrollment trends;
and
(9) how all students may participate in open enrollment
under a desegregation plan.
Subd. 3. [RESOURCE PERSONS; STAFF.] The state board shall
utilize nationally known legal and research experts to the
extent possible to assist in the discussions. The department of
education shall provide staff for these meetings.
Subd. 4. [REPORT.] The state board of education shall
report to the legislature on the results of these discussions by
January 1, 1994, prior to commencing the formal rulemaking
process.
Sec. 47. [1992 PSEO PART-TIME SECONDARY PUPILS.]
For fiscal year 1992, for a pupil who attended a
post-secondary institution under Minnesota Statutes, section
123.3514, and attended a secondary school part time, a district
shall receive revenue on behalf of the pupil under Minnesota
Statutes, sections 124.12, subdivision 1, and 124.17,
subdivision 2f, plus 12 percent of the formula allowance
according to Minnesota Statutes 1992, section 124A.22,
subdivision 2, times 1.3.
Sec. 48. [EDUCATION APPROPRIATION ACCOUNTS.]
Notwithstanding any law to the contrary, the education aid
appropriation accounts relating to fiscal year 1992 shall remain
open on the statewide accounting system, and the commissioner of
finance shall transfer amounts among accounts and make
transactions as requested by the commissioner of education as
necessary to accomplish the retroactive provisions of (sections
123.3514, subd. 6; and 124.17, subds. 1 and 2), and the
provisions of section 124.14, subdivision 7, for fiscal year
1992.
Sec. 49. [CHANGE-ORIENTED SCHOOLS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] (a) A five-year
pilot project is established to permit up to three project
participants selected by the commissioner of education to
develop and implement substantive changes in a school's
educational program and operational structure. A project may be
extended one time for up to an additional five years at the
commissioner's discretion.
(b) The purpose of the pilot project is to identify
innovative educational strategies that effectively improve
public education by:
(1) increasing students' academic and vocational abilities
and educational opportunities through relevant, readily
measurable, and clearly defined interdisciplinary subject matter
and skills-oriented outcomes and performance standards;
(2) promoting innovative approaches to teaching through
meaningful, site-based decision making; and
(3) developing a service-oriented management and
operational structure that allows school staff at the school
site to identify students' educational needs and effectively
allocate resources to meet those needs.
Subd. 2. [ELIGIBILITY; APPLICATIONS.] The commissioner
shall make application forms available to schools interested in
developing and implementing the substantive changes described in
this section. A school may apply to participate in the project
after receiving approval to apply from the school board of the
school district in which the school is located. The
commissioner may approve a maximum of three applications before
July 1, 1994. To the extent possible, the approved applications
must reflect innovative educational strategies that improve
public education and are geographically distributed throughout
the state.
Subd. 3. [CRITERIA FOR SELECTION.] At a minimum,
applicants must express commitment to:
(1) creating a site-based management team, composed of the
school principal, teachers, other school employees, parents of
students enrolled in the school, and other determined by the
team to be appropriate team members, that are responsible for
managing the school's educational program and operational
structure;
(2) developing a relevant, appropriately rigorous,
interdisciplinary curriculum;
(3) periodically assessing the knowledge and skills of
students, and the efficacy of teachers and administrators
according to clearly defined substantive outcomes and measurable
performance standards;
(4) providing in-service training to implement innovative
educational strategies;
(5) using available public and private educational and
financial resources at the local, state, and national levels;
and
(6) sharing educational findings, materials, and techniques
with other school districts.
Subd. 4. [EXEMPTIONS; REQUIREMENTS.] (a) Except as
otherwise provided in this section, a school participating in
the pilot project is exempt from all state statutes and rules
applicable to a school board or school district, although it may
elect to comply with one or more state statutes and rules. The
exemptions do not apply to the school board of the school
district in which the participating school is located.
(b) Applicants selected to participate in the project must:
(1) meet the health and safety requirements applicable to
other school districts;
(2) ensure that all facets of the program are nonsectarian;
(3) provide a comprehensive education program for all
enrolled students;
(4) comply with Minnesota Statutes, section 126.21, and
chapter 363;
(5) comply with the pupil fair dismissal law, Minnesota
Statutes, sections 127.26 to 127.39, and the Minnesota public
school fee law, Minnesota Statutes, sections 120.71 to 120.76;
(6) be subject to the same audit requirements as other
school districts;
(7) function as other school districts for the purposes of
tort liability under Minnesota Statutes, chapter 466;
(8) design and implement measurable education program
outcomes at least equivalent to the entrance requirements of the
University of Minnesota if the participating school is a high
school;
(9) comply with Minnesota Statutes, sections 120.03 and
120.17, and rules governing the education of disabled children;
(10) provide instruction each year for at least the minimum
number of days required by Minnesota Statutes, section 120.101,
subdivisions 5 and 5b, or according to Minnesota Statutes,
sections 120.59 to 120.67 or 121.585;
(11) provide transportation to students enrolled at a
school located within the district according to Minnesota
Statutes, sections 120.062, subdivision 9, and 123.39,
subdivision 6;
(12) permit teachers employed by the district to teach at
another site within the district;
(13) function as other school districts for purposes of
suing and being sued;
(14) comply with election laws applicable to school
district elections under Minnesota Statutes, section 123.11 and
chapter 205A;
(15) comply with all teacher licensure requirements in
statute and rule; and
(16) comply with all employment laws applicable to school
district employees.
Subd. 5. [REPORTS.] Pilot project participants must
provide a clear and concise report at least annually by October
1 to the commissioner discussing:
(1) the state statutes and rules with which the project
participant is not complying, as permitted in subdivision 4;
(2) how not complying with state statutes and rules
improves learning and educational effectiveness;
(3) the financial impact of not complying with state
statutes and rules;
(4) the educational progress the project participant made
during the previous school year;
(5) the education goals of the project participant for the
current school year; and
(6) any other information the commissioner requests.
Sec. 50. [STUDY ON TRAINING OPPORTUNITIES FOR WOMEN
REFEREES.]
The Minnesota state high school league shall submit a
written report to the education committees of the legislature by
February 15, 1994, analyzing the extent of the opportunities
available for women to train and serve as referees at
league-sponsored events.
Sec. 51. [INDEPENDENT SCHOOL DISTRICT NO. 206, ALEXANDRIA;
ELECTIONS.]
Notwithstanding Laws 1987, chapter 96, relating to the
beginning of the term of office for newly elected board members,
the terms of office for newly elected board members of
independent school district No. 206, Alexandria, begin and end
as provided for in Minnesota Statutes, section 205A.04,
subdivision 1.
Sec. 52. [EXEMPTIONS; EIGHT-PERIOD SCHEDULE.]
(a) Notwithstanding Minnesota Statutes, sections 120.101,
subdivision 5; 120.66; 121.585; 124.19, subdivisions 1, 4, 6,
and 7; 124C.46, subdivision 3; 126.12, subdivision 1; or any
other law to the contrary, independent school district No. 279,
Osseo, may adopt for the 1993-1994, 1994-1995, and 1995-1996
school years an alternating eight-period schedule for secondary
school students composed of four 85-minute periods per day held
on alternating school days. The purpose of the alternating
eight-period schedule is to enable the school district to
temporarily meet its increasing needs for additional space due
to enrollment increases at the secondary level. The new
schedule must not change district curricular offerings,
transportation schedules, the length of employees' workday, or
extracurricular activities. The district must offer registered
secondary students the opportunity to enroll in a minimum of
five classes in an eight-period schedule.
(b) The district may adopt the eight-period schedule
without loss of state aid if the district meets the requirements
of paragraph (a). The commissioner of education, in
consultation with the district, shall determine the minimum
number of instructional hours so that the district is eligible
for the full amount of general education revenue.
(c) The district may adopt the eight-period schedule only
upon school board resolution following a public hearing. Notice
of the hearing must be published in the official newspaper at
least one week in advance.
(d) Any student affected by the eight-period schedule is
exempt from the enrollment options program deadline in Minnesota
Statutes, section 120.062.
(e) The district, with the assistance of the department of
education, shall conduct a study of the impact of the
eight-period schedule on student performance. The district
shall include information on cohorts before adopting an
eight-period schedule and compare them to students enrolled in a
program using an eight-period schedule. The district shall
conduct a survey of students and parents on the effectiveness of
the eight-period schedule. The department shall evaluate the
financial impact of the eight-period schedule. The district
shall make a preliminary report on the effectiveness of the
eight-period schedule to the legislature by January 15, 1995,
and a final report by January 15, 1997.
Sec. 53. [SPECIAL EFFECTIVE DATE AND APPLICABILITY TO THE
TODD - OTTER TAIL - WADENA SPECIAL EDUCATION COOPERATIVE.]
Sections 20 and 21 apply to the Todd - Otter Tail - Wadena
special education cooperative and its participating school
districts: independent school district No. 543, Deer Creek;
independent school district No. 545, Henning; independent school
district No. 549, Perham-Dent; independent school district No.
553, New York Mills; independent school district No. 786,
Bertha-Hewitt; independent school district No. 818, Verndale;
independent school district No. 819, Wadena; independent school
district No. 820, Sebeka; and independent school district No.
821, Menahga, and are effective the day following their final
enactment. If the board of any participating school district
has given notice of intent to withdraw from special education
services provided by the cooperative before final enactment, the
deadline specified in Minnesota Statutes, section 122.895,
subdivision 3, is six days following the final enactment and the
deadline specified in Minnesota Statutes, section 122.895,
subdivision 6, paragraph (b), for notice of a teacher's exercise
of rights under that subdivision is 16 days following final
enactment.
Sec. 54. [REPEALER.]
Laws 1991, chapter 265, article 4, section 29, is repealed
the day after final enactment of this article.
Minnesota Statutes 1992, sections 120.0621, subdivision 5,
and 121.87, are repealed.
Sec. 55. [EFFECTIVE DATES.]
Section 16 is effective when the term of the office of
governor ends on the first Monday in January 1995.
Sections 24, 28, and 29 are effective retroactive to July
1, 1991, and apply for fiscal year 1992 and thereafter.
Section 49 is effective the day after its final enactment.
Section 51 is effective the day after the clerk of the
school board of independent school district No. 206, Alexandria,
complies with Minnesota Statutes, section 645.021, subdivision
3. Section 52 is effective the day following final enactment
and remains in effect only through the 1995-1996 school year.
Sections 36 and 43 are effective June 30, 1993.
Section 31 applies to outcome-based schools approved after
the effective date of section 31.
ARTICLE 10
LIBRARIES
Section 1. [LIBRARY 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:
$7,819,000 ..... 1994
$7,819,000 ..... 1995
The 1994 appropriation includes $1,172,000 for 1993 and
$6,647,000 for 1994.
The 1995 appropriation includes $1,172,000 for 1994 and
$6,647,000 for 1995.
Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants according to Minnesota Statutes, sections 134.353 and
134.354, to multicounty, multitype library systems:
$527,000 ..... 1994
$527,000 ..... 1995
The 1994 appropriation includes $79,000 for 1993 and
$448,000 for 1994.
The 1995 appropriation includes $79,000 for 1994 and
$448,000 for 1995.
Subd. 4. [STATE AGENCY LIBRARIES.] For maintaining and
upgrading the online computer-based library catalog system in
state agency libraries:
$15,000 ..... 1994
$15,000 ..... 1995
Any balance in the first year does not cancel and is
available in the second year. These amounts are added to
amounts included in the appropriation for the department of
education budget that are for the same purpose.
ARTICLE 11
STATE AGENCIES
Section 1. [121.163] [FEDERAL AID TO EDUCATION.]
Subdivision 1. [ACCEPTANCE.] The commissioner may accept
and administer federal funds when such funds become available
that further public education and are consistent with state
policy and the mission of the department. Acceptance of the
money is subject to department of finance policy and procedure
regarding federal funds.
Subd. 2. [STATE PLANS.] If the granting federal agency
requires a state plan addressing policy for expenditure, the
state board shall adopt a state plan in conformity with state
and federal regulations and guidelines prior to commissioner
acceptance.
Subd. 3. [DEPOSITORY.] The state treasurer is the
custodian of all money received from the United States on
account of the acceptance and shall disburse the money on
requisitioning of the commissioner through the state payment
system for purposes consistent with the respective acts of
congress and federal grant.
Sec. 2. Minnesota Statutes 1992, section 124C.08,
subdivision 1, is amended to read:
Subdivision 1. [FUNDING.] Each site shall receive $1,250
each year for two years. If fewer than 30 sites are selected,
each site shall receive an additional proportionate share of
money appropriated and not used. Before receiving money for the
second year, a long-range plan for arts education must be
submitted to the department Minnesota center for arts education.
Sec. 3. Minnesota Statutes 1992, section 124C.08,
subdivision 2, is amended to read:
Subd. 2. [CRITERIA.] The department of education center,
in consultation with the comprehensive arts planning program
state steering committee, shall establish criteria for site
selection. Criteria shall include at least the following:
(1) a willingness by the district or group of districts to
designate a program chair for comprehensive arts planning with
sufficient authority to implement the program;
(2) a willingness by the district or group of districts to
create a committee comprised of school district and community
people whose function is to promote comprehensive arts education
in the district;
(3) commitment on the part of committee members to
participate in training offered by the department of education;
(4) a commitment of the committee to conduct a needs
assessment of arts education;
(5) commitment by the committee to evaluating its
involvement in the program;
(6) a willingness by the district to adopt a long-range
plan for arts education in the district;
(7) no previous involvement of the district in the
comprehensive arts planning program, unless that district has
joined a new group of districts; and
(8) location of the district or group of districts to
assure representation of urban, suburban, and rural districts
and distribution of sites throughout the state.
Sec. 4. Minnesota Statutes 1992, section 124C.09, is
amended to read:
124C.09 [DEPARTMENT RESPONSIBILITY.]
The department of education Minnesota center for arts
education, in cooperation with the Minnesota alliance for arts
in education, and the Minnesota state arts board, and the
Minnesota center for arts education shall provide materials,
training, and assistance to the arts education committees in the
school districts. The department center may contract with the
Minnesota alliance for arts in education for its involvement in
providing services, including staff assistance, to the program.
Sec. 5. [128A.11] [STUDENT ACTIVITIES ACCOUNT.]
Subdivision 1. [STUDENT ACTIVITIES; RECEIPTS;
APPROPRIATION.] All receipts of any kind generated to operate
student activities, including student fees, donations and
contributions, and gate receipts must be deposited in the state
treasury. The receipts are appropriated annually to the
residential academies for student activities purposes. They are
not subject to budgetary control by the commissioner of finance.
Subd. 2. [TO STUDENT ACTIVITIES ACCOUNT.] The money
appropriated in subdivision 1 to the residential academies for
student activities must be credited to a Faribault academies'
student activities account and may be spent only for Faribault
academies' student activities purposes.
Subd. 3. [CARRYOVER.] An unexpended balance in the
Faribault academies' student activities account may be carried
over from the first fiscal year of the biennium into the second
fiscal year of the biennium and from one biennium to the next.
The amount carried over must not be taken into account in
determining state appropriations and must not be deducted from a
later appropriation.
Subd. 4. [SPECIFICALLY INCLUDED AMONG RECEIPTS.] Any money
generated by a Faribault academies' student activity that
involves:
(1) state employees who are receiving compensation for
their involvement with the activity;
(2) the use of state facilities; or
(3) money raised for student activities in the name of the
residential academies
is specifically included among the kinds of receipts that are
described in subdivision 1.
Sec. 6. Minnesota Statutes 1992, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (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 $250 fee before the person's drivers license is reinstated
to be credited as follows:
(1) 20 percent shall be credited to the trunk highway fund;
(2) 55 percent shall be credited to the general fund;
(3) eight 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) 12 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 schools. The state board of education shall
establish guidelines for the distribution of the grants. At
least $70,000 must be awarded in grants to local school
districts; and
(5) five percent shall be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. $100,000 is annually appropriated from the account to
the commissioner of human services for traumatic brain injury
case management services. The remaining money in the account is
annually appropriated to the commissioner of health to establish
and maintain the traumatic brain injury and spinal cord injury
registry created in section 144.662 and to reimburse the
commissioner of jobs and training for the reasonable cost of
services provided under section 268A.03, clause (o).
Sec. 7. [DEPARTMENT OF EDUCATION APPROPRIATIONS.]
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.
$14,564,000 ..... 1994
$14,587,000 ..... 1995
Any balance in the first year does not cancel but is
available in the second year.
$21,000 each year is from the trunk highway fund.
$104,000 each year is for the academic excellence
foundation.
$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.
$120,000 each year is for facilities planning, coordination
of facility needs between school districts, and for review and
comment on school construction projects.
$45,000 each year must be used to assist districts with the
assurance of mastery program.
The expenditures of federal grants and aids as shown in the
biennial budget document are approved and appropriated and shall
be spent as indicated.
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.
The department of education may establish full-time,
part-time, or seasonal positions as necessary to carry out
assigned responsibilities and missions. Actual employment
levels are limited by the availability of state funds
appropriated for salaries, benefits, and agency operations or
funds available from other sources for such purposes.
In the next biennial budget, the department of education
must assess its progress in meeting its established performance
measures and inform the legislature on the content of that
assessment. The information must include an assessment of its
progress by consumers and employees.
Sec. 8. [FARIBAULT ACADEMIES APPROPRIATION.]
The sums indicated in this section are appropriated from
the general fund to the department of education for the
Faribault Academies:
$7,784,000 ..... 1994
$8,053,000 ..... 1995
Any balance in the first year does not cancel and is
available for the second year.
The state board of education may establish full-time,
part-time, or seasonal positions as necessary to carry out
assigned responsibilities and missions of the Faribault
academies. Actual employment levels are limited by the
availability of state funds appropriated for salaries, benefits
and agency operations or funds available from other sources for
such purposes.
In the next biennial budget, the state board of education
must assess its progress in meeting its established performance
measures for the Faribault academies and inform the legislature
on the content of that assessment. The information must include
an assessment of its progress by consumers and employees.
Sec. 9. [MINNESOTA CENTER FOR ARTS EDUCATION
APPROPRIATIONS.]
The sums indicated in this section are appropriated from
the general fund to the Minnesota center for arts education for
the fiscal years indicated:
$4,853,000 ..... 1994
$4,853,000 ..... 1995
Any balance in the first year does not cancel but is
available in the second year.
The center must provide assistance to the department of
education for learner outcome development and assessment in the
arts. If a reduction in programs is required under this
section, no more than 40 percent of the reduction shall occur in
resource center programs.
$38,000 each year is for grants according to section
124C.08. The center must provide technical assistance as
necessary.
The Minnesota center for arts education may establish
full-time, part-time, or seasonal positions as necessary to
carry out assigned responsibilities and missions. Actual
employment levels are limited by the availability of state funds
appropriated for salaries, benefits and agency operations or
funds available from other sources for such purposes.
In the next biennial budget, the Minnesota center for arts
education must assess its progress in meeting its established
performance measures and inform the legislature on the content
of that assessment. The information must include an assessment
of its progress by consumers and employees.
Sec. 10. [REPEALER.]
Minnesota Statutes 1992, sections 126A.02, subdivision 1,
and 126A.03, are repealed.
ARTICLE 12
MANDATE REPEALS
OMNIBUS EDUCATION MANDATE REPEAL ACT
TO PROMOTE LOCAL FLEXIBILITY AND INNOVATION
IN THE CLASSROOM
Section 1. [PURPOSE.]
The legislature recognizes the need to give communities
more local control over education so they can better fulfill the
public school system's mission of ensuring individual academic
achievement, an informed citizenry, and a highly productive work
force. The purpose of this act is to repeal or modify
restrictive and unnecessary mandates that hamper flexibility and
innovation. The state's focus should be on performance rather
than procedures. By decentralizing decision-making and
emphasizing result-oriented rulemaking, this act also furthers
the legislature's goal of moving from a means-based system of
education to one that is accountable for outcomes.
MINNESOTA STATUTES
Sec. 2. Minnesota Statutes 1992, section 121.11,
subdivision 7, is amended to read:
Subd. 7. [GENERAL SUPERVISION OVER EDUCATIONAL AGENCIES.]
The state board of education shall adopt goals for and exercise
general supervision over public schools and public educational
agencies in the state, classify and standardize public
elementary and secondary schools, and prepare for them outlines
and suggested courses of study. The board shall develop a plan
to attain the adopted goals. At the board's request, the
commissioner may assign department of education staff to assist
the board in attaining its goals. The commissioner shall
explain to the board in writing any reason for refusing or
delaying a request for staff assistance. The board shall
establish rules relating to examinations, reports, acceptances
of schools, courses of study, and other proceedings in
connection with elementary and secondary schools applying for
special state aid. The state board may recognize educational
accrediting agencies for the sole purposes of sections 120.101,
120.102, and 120.103.
Sec. 3. Minnesota Statutes 1992, section 121.11, is
amended by adding a subdivision to read:
Subd. 7b. [ADMINISTRATIVE RULES.] The state board may
adopt new rules and amend them or amend any of its existing
rules only under specific authority. The state board may 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. This subdivision shall not prohibit the
state board from making technical changes or corrections to its
rules.
Sec. 4. Minnesota Statutes 1992, section 121.11, is
amended by adding a subdivision to read:
Subd. 7c. [RESULTS-ORIENTED GRADUATION RULE.] The
legislature is committed to establishing a rigorous,
results-oriented graduation rule for Minnesota's public school
students. To that end, the state board shall use its rulemaking
authority under subdivision 7b to adopt a statewide,
results-oriented graduation rule to be implemented starting with
students beginning high school in 1996. The board shall not
prescribe in rule or otherwise the delivery system, form of
instruction, or a single statewide form of assessment that local
sites must use to meet the requirements contained in this rule.
Sec. 5. Minnesota Statutes 1992, section 121.11, is
amended by adding a subdivision to read:
Subd. 7d. [DESEGREGATION, INCLUSIVE EDUCATION, AND
LICENSURE RULES.] The state board may make rules relating to
desegregation, inclusive education, and licensure of school
personnel not licensed by the board of teaching.
Sec. 6. Minnesota Statutes 1992, section 121.11,
subdivision 12, is amended to read:
Subd. 12. [ADMINISTRATIVE RULES TEACHER RULE
VARIANCES.] 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.
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. 7. Minnesota Statutes 1992, 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.
Sec. 8. Minnesota Statutes 1992, section 121.585,
subdivision 2, is amended to read:
Subd. 2. [STATE BOARD DESIGNATION.] An area learning
center designated by the state must be a site. Up to an
additional ten learning year sites may be designated by the
state board of education. To be designated, a district or
center must demonstrate to the commissioner of education that it
will:
(1) provide a program of instruction that permits pupils to
receive instruction throughout the entire year; and
(2) maintain a record system that, for purposes of section
124.17, permits identification of membership attributable to
pupils participating in the program. The record system and
identification must ensure that the program will not have the
effect of increasing the total number of pupil units
attributable to an individual pupil as a result of a learning
year program.
Sec. 9. Minnesota Statutes 1992, section 121.88,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Each school board may
initiate a community education program in its district and
provide for the general supervision of the program. Each board
may, as it considers appropriate, employ community education
directors and coordinators to further the purposes of the
community education program. The salaries of the directors and
coordinators shall be paid by the board.
Sec. 10. Minnesota Statutes 1992, section 121.88,
subdivision 7, is amended to read:
Subd. 7. [PROGRAM APPROVAL.] To be eligible for revenue
for the program for adults with disabilities, a program and
budget must receive approval from the community education
section in the department of education. Approval may be for one
or two five years. During that time, a school board must report
any significant changes to the department for approval. For
programs offered cooperatively, the request for approval must
include an agreement on the method by which local money is to be
derived and distributed. A request for approval must include
all of the following:
(1) characteristics of the people to be served;
(2) description of the program services and activities;
(3) program budget and amount of aid requested;
(4) participation by adults with disabilities in developing
the program;
(5) assessment of the needs of adults with disabilities;
and
(6) cooperative efforts with community organizations.
Sec. 11. Minnesota Statutes 1992, section 121.904,
subdivision 14, is amended to read:
Subd. 14. The state board commissioner shall specify the
fiscal year or years to which the revenue from any aid or tax
levy is applicable if Minnesota Statutes do not so specify.
Sec. 12. Minnesota Statutes 1992, section 121.906, is
amended to read:
121.906 [EXPENDITURES; REPORTING.]
Subdivision 1. School district expenditures shall be
recognized and reported on the district books of account in
accordance with this section.
Subd. 2. [RECOGNITION OF EXPENDITURES AND LIABILITIES.]
There shall be fiscal year-end recognition of expenditures and
the related offsetting liabilities recorded in each fund in
accordance with the uniform financial accounting and reporting
standards for Minnesota school districts. Encumbrances
outstanding at the end of the fiscal year do not constitute
expenditures or liabilities.
Subd. 3. [PURCHASE ORDERS OTHER THAN INVENTORY.] Purchase
orders, itemized in detail, for other than inventory supply
items, which are issued to outside vendors and based on firm
prices shall be recorded as expenditures in the fiscal year in
which the liability is incurred.
Subd. 4. Inventory supply items may be recorded as
expenditures at the time of the issuance of the purchase order
or at the time of delivery to the school district's subordinate
unit or other consumer of the item.
Subd. 5. Salaries and wages shall be recorded as
expenditures in the fiscal year in which the personal services
are performed.
Subd. 6. Other payable items shall be recorded in the
fiscal year in which the liability is incurred.
Subd. 7. Deviations from the principles set forth in this
section shall be evaluated and explained in footnotes to audited
financial statements.
Sec. 13. Minnesota Statutes 1992, section 121.908,
subdivision 1, is amended to read:
Subdivision 1. On or before June 30, 1977, Each Minnesota
school district shall adopt the uniform financial accounting and
reporting standards for Minnesota school districts provided for
in section 121.902 guidelines adopted by the department of
education.
Sec. 14. Minnesota Statutes 1992, section 121.908,
subdivision 2, is amended to read:
Subd. 2. Each district shall submit to the commissioner by
August 15 of each year an unaudited financial statement for the
preceding fiscal year. This statement shall be submitted on
forms prescribed by the commissioner after consultation with the
advisory council on uniform financial accounting and reporting
standards.
Sec. 15. Minnesota Statutes 1992, 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 may 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 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. 16. Minnesota Statutes 1992, section 123.35,
subdivision 1, is amended to read:
Subdivision 1. The board shall have the general charge of
the business of the district, the school houses, and of the
interests of the schools thereof. The board's authority to
conduct the business of the district includes implied powers in
addition to any specific powers granted by the legislature.
Sec. 17. Minnesota Statutes 1992, section 123.80,
subdivision 1, is amended to read:
Subdivision 1. The state board of education shall provide
by rule a program of safety education for students who are
transported to school. Each district receiving aid under the
provisions of section 124.225 shall implement the program. In
drafting said rules, the board shall give particular attention
to procedures for loading, unloading, vehicle lane crossing and
emergency evacuation procedures as they affect school
buses. provide bus safety education for students who are
transported to school.
Sec. 18. Minnesota Statutes 1992, section 124.19,
subdivision 5, is amended to read:
Subd. 5. [SCHEDULE ADJUSTMENTS.] (a) It is the intention
of the legislature to encourage efficient and effective use of
staff and facilities by school districts. School districts are
encouraged to consider both cost and energy saving measures.
(b) Notwithstanding the provisions of subdivision 1 or 4,
any district operating a program pursuant to sections 120.59 to
120.67 or 125.701 to 125.705, or operating a
commissioner-designated area learning center program under
section 124C.49, or that otherwise receives the approval of the
commissioner to operate its instructional program to avoid an
aid reduction in any year, may adjust the annual school schedule
for that program throughout the calendar year so long as the
number of instructional hours in the year is not less than the
number of instructional hours per day specified in the rules of
the state board multiplied by the minimum number of
instructional days required by subdivision 1.
Sec. 19. Minnesota Statutes 1992, 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 five years. Two-year Five-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. 20. Minnesota Statutes 1992, section 124.2713,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] To be eligible for community
education revenue, a district must:
(1) operate a community education program that complies
with section 121.88; and
(2) file a certificate of compliance with the commissioner
of education. The certificate of compliance shall certify that
a meeting was held to discuss methods of increasing cooperation
among the governing boards of each county, city, and township in
which the district, or any part of the district, is located, and
that each governing board was sent a written notice of the
meeting at least 15 working days before the meeting. The
failure of a governing board to attend the meeting shall not
affect the authority of the district to obtain community
education revenue.
Sec. 21. Minnesota Statutes 1992, section 125.032,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] A person who teaches in a community
education program which qualifies for aid pursuant to section
124.26 shall continue to meet licensure requirements as a
teacher. A person who teaches in an early childhood and family
education program which is offered through a community education
program and which qualifies for community education aid pursuant
to section 124.2713 or early childhood and family education aid
pursuant to section 124.2711 shall continue to meet licensure
requirements as a teacher. A person who teaches in a community
education course which is offered for credit for graduation to
persons under 18 years of age shall continue to meet licensure
requirements as a teacher. A person who teaches a driver
training course which is offered through a community education
program to persons under 18 years of age shall be licensed by
the board of teaching or be subject to section 171.35. A
license which is required for an instructor in a community
education program pursuant to this subdivision shall not be
construed to bring an individual within the definition of a
teacher for purposes of section 125.12, subdivision 1, or
125.17, subdivision 1, clause (a).
Sec. 22. Minnesota Statutes 1992, section 125.12,
subdivision 3b, is amended to read:
Subd. 3b. [APPLICABILITY PEER REVIEW FOR PROBATIONARY
TEACHERS.] Subdivision 3a does not apply to a school district
that has formally adopted A school board and an exclusive
representative of the teachers in the district shall develop a
probationary teacher peer review process that has been mutually
agreed upon by the exclusive representative of the teachers in
the district and the school board through joint agreement.
Sec. 23. Minnesota Statutes 1992, section 125.12,
subdivision 4b, is amended to read:
Subd. 4b. [APPLICABILITY PEER REVIEW FOR CONTINUING
CONTRACT TEACHERS.] Subdivision 4a does not apply to a school
district that has formally adopted A school board and an
exclusive representative of the teachers in the district shall
develop a peer review process for continuing contract
teachers that has been mutually agreed upon by the exclusive
representative of the teachers in the district and the school
board through joint agreement.
Sec. 24. Minnesota Statutes 1992, section 125.17,
subdivision 2b, is amended to read:
Subd. 2b. [APPLICABILITY PEER REVIEW FOR PROBATIONARY
TEACHERS.] Subdivision 2a does not apply to a school district
that has formally adopted A school board and an exclusive
representative of the teachers in the district shall develop a
probationary teacher peer review process that has been mutually
agreed upon by the exclusive representative of the teachers in
the district and the school board through joint agreement.
Sec. 25. Minnesota Statutes 1992, section 125.17,
subdivision 3b, is amended to read:
Subd. 3b. [APPLICABILITY PEER REVIEW FOR CONTINUING
CONTRACT TEACHERS.] Subdivision 3a does not apply to a school
district that has formally adopted A school board and an
exclusive representative of the teachers in the district shall
develop a peer review process for nonprobationary teachers that
has been mutually agreed upon by the exclusive representative of
the teachers in the district and the school board through joint
agreement.
Sec. 26. [125.706] [PREPARATION TIME.]
Beginning with agreements effective July 1, 1995, and
thereafter, all collective bargaining agreements for teachers
provided for under Minnesota Statutes, chapter 179A, must
include provisions for preparation time or a provision
indicating that the parties to the agreement chose not to
include preparation time in the contract.
If the parties cannot agree on preparation time the
following provision shall apply and be incorporated as part of
the agreement: "Within the student day for every 25 minutes of
instructional time, a minimum of five additional minutes of
preparation time shall be provided to each licensed teacher.
Preparation time shall be provided in one or two uninterrupted
blocks during the student day. Exceptions to this may be made
by mutual agreement between the district and the exclusive
representative of the teachers.
Sec. 27. [125.80] [TEACHER LUNCH PERIOD.]
Each teacher shall be provided with a duty-free lunch
period, scheduled according to school board policy or negotiated
agreement.
Sec. 28. [126.681] [EVALUATION OF PUPIL GROWTH AND
PROGRESS; PERMANENT RECORDS.]
Each school district shall provide a testing program for
the purpose of measuring pupil growth and for curriculum
evaluation, as well as a system for grading and making reports
to parents. Each district shall develop an appropriate program
of pupil progress and promotion for its elementary, middle, and
secondary schools. Each district shall keep accurate and
complete individual, permanent, cumulative personal records for
all pupils.
Sec. 29. [126.699] [PARENTAL CURRICULUM REVIEW.]
Each school district shall have a procedure for a parent,
guardian, or an adult student, 18 years of age or older, to
review the content of the instructional materials to be provided
to a minor child or to an adult student and, if the parent,
guardian, or adult student objects to the content, to make
reasonable arrangements with school personnel for alternative
instruction. Alternative instruction may be provided by the
parent, guardian, or adult student if the alternative
instruction, if any, offered by the school board does not meet
the concerns of the parent, guardian, or adult student. The
school board is not required to pay for the costs of alternative
instruction provided by a parent, guardian, or adult student.
School personnel may not impose an academic or other penalty
upon a student merely for arranging alternative instruction
under this section. School personnel may evaluate and assess
the quality of the student's work.
Sec. 30. Minnesota Statutes 1992, section 144.29, is
amended to read:
144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.]
It shall be the duty of every school nurse, school
physician, school attendance officer, superintendent of schools,
principal, teacher, and of the persons charged with the duty of
compiling and keeping the school census records, to cause a
permanent public health record to be kept for each child of
school age. Such record shall be kept in such form that it may
be transferred with the child to any school which the child
shall attend within the state and transferred to the
commissioner when the child ceases to attend school. It shall
contain a record of such health matters as shall be prescribed
by the commissioner, and of all mental and physical defects and
handicaps which might permanently cripple or handicap the
child. Nothing in sections 144.29 to 144.32 shall be construed
to require any child whose parent or guardian objects in writing
thereto to undergo a physical or medical examination or
treatment. A copy shall be forwarded to the proper department
of any state to which the child shall remove. Each district
shall assign a teacher, school nurse, or other professional
person to review, at the beginning of each school year, the
health record of all pupils under the assignee's direction.
Growth, results of vision and hearing screening, and findings
obtained from health assessments must be entered periodically on
the pupil's health record.
Sec. 31. [ENVIRONMENTAL EDUCATION.]
The advisory board established in Minnesota Statutes,
section 126A.02, shall advise the commissioner of education on
development of a results-oriented graduation rule.
Sec. 32. [REPEALER.]
(a) Minnesota Statutes 1992, sections 120.095; 120.101,
subdivision 5a; 120.75, subdivision 2; 120.80, subdivision 2;
121.11, subdivisions 6 and 13; 121.165; 121.19; 121.49; 121.883;
121.90; 121.901; 121.902; 121.904, subdivisions 5, 6, 8, 9, 10,
11a, and 11c; 121.908, subdivision 4; 121.9121, subdivisions 3
and 5; 121.931, subdivisions 6, 6a, 7, and 8; 121.934; 121.936
subdivisions 1, 2, and 3; 121.937; 121.94; 121.941; 121.942;
121.943; 123.33, subdivisions 10, 14, 15, and 16; 123.35,
subdivision 14; 123.352; 123.36, subdivisions 2, 3, 4, 4a, 6, 8,
9, and 12; 123.40, subdivisions 4 and 6; 123.61; 123.67;
123.709; 123.744; 124.615; 124.62; 124.64; 124.645; 124.67;
124.68; 124.69; 124.79; 125.12, subdivisions 3a and 4a; 125.17,
subdivisions 2a and 3a; 126.09; 126.111; 126.112; 126.20,
subdivision 4; 126.24; and 126.268, are repealed.
(b) Minnesota Statutes 1992, section 121.11, subdivision
15, is repealed.
(c) Minnesota Statutes 1992, sections 120.101, subdivision
5b; 121.11, subdivision 16; 121.585, subdivision 3; 124.19,
subdivisions 1, 1b, 6, and 7; 126.02; 126.025; 126.031; 126.06;
126.08; 126.12, subdivision 2; 126.662; 126.663; 126.664;
126.665; 126.666; 126.67; 126.68; 126A.01; 126A.02; 126A.04;
126A.05; 126A.07; 126A.08; 126A.09; 126A.10; 126A.11; and
126A.12, are repealed.
MINNESOTA RULES
Sec. 33. [SCHOOL BUS SAFETY TASK FORCE.]
Subdivision 1. [MEMBERSHIP.] The school bus safety task
force consists of 15 members appointed jointly by the
commissioners of education and public safety. The membership
shall include a representative of each department, a student
school bus rider, a parent of a school-age child using school
transportation, a representative of the Minnesota state patrol,
school transportation managers, school board members, a
representative of a public transit authority not affiliated with
schools, and school bus mechanics, manufacturers, or other
school bus industry representatives. The commissioners of
education and public safety shall call the first meeting, at
which a chair shall be elected.
Subd. 2. [DUTIES.] The task force established by
subdivision 1 shall review state and federal statutes and
administrative rules relating to school bus design and safety
and make recommendations to eliminate duplication and otherwise
streamline the regulatory scheme. The task force shall examine
the feasibility of converting current administrative rules
governing school bus design to guidelines administered either by
the department of education or public safety.
Subd. 3. [REPORT.] The task force shall report to the
chairs of the senate and house education committees its findings
and recommendations by January 15, 1994.
Sec. 34. [OUTCOME-BASED LICENSURE OF TEACHERS AND
ADMINISTRATORS.]
Rules adopted by the state board of education and the board
of teaching regarding licensure of teachers or administrators
shall, to the extent possible, be outcome-based and clearly
related to the results-oriented graduation rule to be
implemented starting with students entering high school in
1996. The boards shall develop outcomes relating to flexible
school-based organizational structures and inclusive
instructional strategies. Each board shall report to the
legislature on the status of its licensure rules by February 15,
1995. The reports shall explain how the rules are outcome-based
and how they relate to learner outcomes for students.
Sec. 35. [DRIVER EDUCATION; COOPERATION WITH DEPARTMENT OF
PUBLIC SAFETY.]
The state board shall cooperate with the
department of public safety to develop a single set of rules for
driver education programs, whether public, private, or
commercial.
Sec. 36. [VOCATIONAL PROGRAM STANDARDS.]
By August 1, 1996, the department of education shall
develop program standards to replace rules in chapter 3505
governing approval of secondary vocational programs, including
community-based cooperative vocational programs.
Sec. 37. [RULE CHANGE.]
The state board shall amend Minnesota Rules, part
3505.2400, to delete the requirement of annual submission of
approval requests for secondary vocational education programs.
The amendment is not subject to the rulemaking provisions of
chapter 14, but the state board must comply with section 14.38,
subdivision 7, in adopting the amendment.
Sec. 38. [ARTS SCHOOL DEADLINE.]
The Minnesota center for arts education may extend the
deadline specified in rule for admission to its high school if
the school's enrollment is less than the maximum of 300.
Sec. 39. [REPEALER.]
(a) Minnesota Rules, parts 3500.0500; 3500.0600, subparts 1
and 2; 3500.0605; 3500.0800; 3500.1090; 3500.1800; 3500.2950;
3500.3100, subparts 1 to 3; 3500.3500; 3500.3600; 3500.4400;
3510.2200; 3510.2300; 3510.2400; 3510.2500; 3510.2600;
3510.6200; 3520.0200; 3520.0300; 3520.0600; 3520.1000;
3520.1200; 3520.1300; 3520.1800; 3520.2700; 3520.3802;
3520.3900; 3520.4500; 3520.4620; 3520.4630; 3520.4640;
3520.4680; 3520.4750; 3520.4761; 3520.4811; 3520.4831;
3520.4910; 3520.5330; 3520.5340; 3520.5370; 3520.5461;
3525.2850; 3530.0300; 3530.0600; 3530.0700; 3530.0800;
3530.1100; 3530.1300; 3530.1400; 3530.1600; 3530.1700;
3530.1800; 3530.1900; 3530.2000; 3530.2100; 3530.2800;
3530.2900; 3530.3100, subparts 2 to 4; 3530.3200, subparts 1 to
5; 3530.3400, subparts 1, 2, and 4 to 7; 3530.3500; 3530.3600;
3530.3900; 3530.4000; 3530.4100; 3530.5500; 3530.5700;
3530.6100; 3535.0800; 3535.1000; 3535.1400; 3535.1600;
3535.1800; 3535.1900; 3535.2100; 3535.2200; 3535.2600;
3535.2900; 3535.3100; 3535.3500; 3535.9930; 3535.9940;
3535.9950; 3540.0600; 3540.0700; 3540.0800; 3540.0900;
3540.1000; 3540.1100; 3540.1200; 3540.1300; 3540.1700;
3540.1800; 3540.1900; 3540.2000; 3540.2100; 3540.2200;
3540.2300; 3540.2400; 3540.2800; 3540.2900; 3540.3000;
3540.3100; 3540.3200; 3540.3300; 3540.3400; 3545.1000;
3545.1100; 3545.1200; 3545.2300; 3545.2700; 3545.3000;
3545.3002; 3545.3004; 3545.3005; 3545.3014; 3545.3022;
3545.3024; 8700.4200; 8700.6410; 8700.6800; 8700.7100;
8700.9000; 8700.9010; 8700.9020; and 8700.9030, are repealed.
(b) Minnesota Rules, parts 3520.1600; 3520.2400; 3520.2500;
3520.2600; 3520.2800; 3520.2900; 3520.3000; 3520.3100;
3520.3200; 3520.3400; 3520.3500; 3520.3680; 3520.3701;
3520.3801; 3520.4001; 3520.4100; 3520.4201; 3520.4301;
3520.4400; 3520.4510; 3520.4531; 3520.4540; 3520.4550;
3520.4560; 3520.4570; 3520.4600; 3520.4610; 3520.4650;
3520.4670; 3520.4701; 3520.4711; 3520.4720; 3520.4731;
3520.4741; 3520.4801; 3520.4840; 3520.4850; 3520.4900;
3520.4930; 3520.4980; 3520.5000; 3520.5010; 3520.5111;
3520.5120; 3520.5141; 3520.5151; 3520.5160; 3520.5171;
3520.5180; 3520.5190; 3520.5200; 3520.5220; 3520.5230;
3520.5300; 3520.5310; 3520.5361; 3520.5380; 3520.5401;
3520.5450; 3520.5471; 3520.5481; 3520.5490; 3520.5500;
3520.5510; 3520.5520; 3520.5531; 3520.5551; 3520.5560;
3520.5570; 3520.5580; 3520.5600; 3520.5611; 3520.5700;
3520.5710; 3520.5900; 3520.5910; 3520.5920; 3530.6500;
3530.6600; 3530.6700; 3530.6800; 3530.6900; 3530.7000;
3530.7100; 3530.7200; 3530.7300; 3530.7400; 3530.7500;
3530.7600; 3530.7700; and 3530.7800, are repealed.
(c) Minnesota Rules, parts 3500.1400; 3500.3700; 3510.0100;
3510.0200; 3510.0300; 3510.0400; 3510.0500; 3510.0600;
3510.0800; 3510.1100; 3510.1200; 3510.1300; 3510.1400;
3510.1500; 3510.1600; 3510.2800; 3510.2900; 3510.3000;
3510.3200; 3510.3400; 3510.3500; 3510.3600; 3510.3700;
3510.3800; 3510.7200; 3510.7300; 3510.7400; 3510.7500;
3510.7600; 3510.7700; 3510.7900; 3510.8000; 3510.8100;
3510.8200; 3510.8300; 3510.8400; 3510.8500; 3510.8600;
3510.8700; 3510.9000; 3510.9100; chapters 3515, 3517.0100;
3517.0120; 3517.3150; 3517.3170; 3517.3420; 3517.3450;
3517.3500; 3517.3650; 3517.4000; 3517.4100; 3517.4200;
3517.8500; 3517.8600;, and 3560, are repealed.
(d) Minnesota Rules, parts 3500.0710; 3500.1060; 3500.1075;
3500.1100; 3500.1150; 3500.1200; 3500.1500; 3500.1600;
3500.1900; 3500.2000; 3500.2020; 3500.2100; 3500.2900;
3500.5010; 3500.5020; 3500.5030; 3500.5040; 3500.5050;
3500.5060; 3500.5070; 3505.2700; 3505.2800; 3505.2900;
3505.3000; 3505.3100; 3505.3200; 3505.3300; 3505.3400;
3505.3500; 3505.3600; 3505.3700; 3505.3800; 3505.3900;
3505.4000; 3505.4100; 3505.4200; 3505.4400; 3505.4500;
3505.4600; 3505.4700; 3505.5100; 8700.2900; 8700.3000;
8700.3110; 8700.3120; 8700.3200; 8700.3300; 8700.3400;
8700.3500; 8700.3510; 8700.3600; 8700.3700; 8700.3810;
8700.3900; 8700.4000; 8700.4100; 8700.4300; 8700.4400;
8700.4500; 8700.4600; 8700.4710; 8700.4800; 8700.4901;
8700.4902; 8700.5100; 8700.5200; 8700.5300; 8700.5310;
8700.5311; 8700.5500; 8700.5501; 8700.5502; 8700.5503;
8700.5504; 8700.5505; 8700.5506; 8700.5507; 8700.5508;
8700.5509; 8700.5510; 8700.5511; 8700.5512; 8700.5800;
8700.6310; 8700.6900; 8700.7010; 8700.7700; 8700.7710;
8700.8000; 8700.8010; 8700.8020; 8700.8030; 8700.8040;
8700.8050; 8700.8060; 8700.8070; 8700.8080; 8700.8090;
8700.8110; 8700.8120; 8700.8130; 8700.8140; 8700.8150;
8700.8160; 8700.8170; 8700.8180; 8700.8190; 8750.0200;
8750.0220; 8750.0240; 8750.0260; 8750.0300; 8750.0320;
8750.0330; 8750.0350; 8750.0370; 8750.0390; 8750.0410;
8750.0430; 8750.0460; 8750.0500; 8750.0520; 8750.0600;
8750.0620; 8750.0700; 8750.0720; 8750.0740; 8750.0760;
8750.0780; 8750.0800; 8750.0820; 8750.0840; 8750.0860;
8750.0880; 8750.0890; 8750.0900; 8750.0920; 8750.1000;
8750.1100; 8750.1120; 8750.1200; 8750.1220; 8750.1240;
8750.1260; 8750.1280; 8750.1300; 8750.1320; 8750.1340;
8750.1360; 8750.1380; 8750.1400; 8750.1420; 8750.1440;
8750.1500; 8750.1520; 8750.1540; 8750.1560; 8750.1580;
8750.1600; 8750.1700; 8750.1800; 8750.1820; 8750.1840;
8750.1860; 8750.1880; 8750.1900; 8750.1920; 8750.1930;
8750.1940; 8750.1960; 8750.1980; 8750.2000; 8750.2020;
8750.2040; 8750.2060; 8750.2080; 8750.2100; 8750.2120;
8750.2140; 8750.4000; 8750.4100; 8750.4200; 8750.9000;
8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500;
8750.9600; and 8750.9700, are repealed.
Sec. 40. [LEGISLATIVE INTENT.]
The legislature does not intend, by the repeal of the rules
listed in section 39, to ratify or endorse the parts of the
rules not repealed.
Sec. 41. [EFFECTIVE DATE.]
Sections 22 to 25 are effective July 1, 1995.
Section 32, paragraph (b), is effective July 1, 1995.
Section 32, paragraph (c), is effective August 1, 1996.
Section 39, paragraph (b), is effective August 1, 1994.
Section 39, paragraph (c), is effective July 1, 1995. Section
39, paragraph (d), is effective August 1, 1996.
ARTICLE 13
REALIGNMENT OF RESPONSIBILITIES
Section 1. Minnesota Statutes 1992, section 120.062,
subdivision 5, is amended to read:
Subd. 5. [DESEGREGATION DISTRICT TRANSFERS.] (a) This
subdivision applies to a transfer into or out of a district that
has a desegregation plan approved by the state board
commissioner of education.
(b) An application to transfer may be submitted at any time
for enrollment beginning at any time.
(c) The parent or guardian of a pupil who is a resident of
a district that has a desegregation plan must submit an
application to the resident district. If the district accepts
the application, it must forward the application to the
nonresident district.
(d) The parent or guardian of a pupil who applies for
enrollment in a nonresident district that has a desegregation
plan must submit an application to the nonresident district.
(e) Each district must accept or reject an application it
receives and notify the parent or guardian in writing within 30
calendar days of receiving the application. A notification of
acceptance must include the date enrollment can begin.
(f) If an application is rejected, the district must state
the reason for rejection in the notification. If a district
that has a desegregation plan rejects an application for a
reason related to the desegregation plan, the district must
state with specificity how acceptance of the application would
result in noncompliance with state board rules with respect to
the school or program for which application was made.
(g) If an application is accepted, the parent or guardian
must notify the nonresident district in writing within 15
calendar days of receiving the acceptance whether the pupil
intends to enroll in the nonresident district. Notice of
intention to enroll obligates the pupil to enroll in the
nonresident district, unless the school boards of the resident
and nonresident districts agree otherwise. If a parent or
guardian does not notify the nonresident district, the pupil may
not enroll in that nonresident district at that time, unless the
school boards of the resident and nonresident district agree
otherwise.
(h) Within 15 calendar days of receiving the notice from
the parent or guardian, the nonresident district shall notify
the resident district in writing of the pupil's intention to
enroll in the nonresident district.
(i) A pupil enrolled in a nonresident district under this
subdivision is not required to make annual or periodic
application for enrollment but may remain enrolled in the same
district. A pupil may transfer to the resident district at any
time.
(j) A pupil enrolled in a nonresident district and applying
to transfer into or out of a district that has a desegregation
plan must follow the procedures of this subdivision. For the
purposes of this type of transfer, "resident district" means the
nonresident district in which the pupil is enrolled at the time
of application.
(k) A district that has a desegregation plan approved by
the state board of education must accept or reject each
individual application in a manner that will enable compliance
with its desegregation plan.
Sec. 2. Minnesota Statutes 1992, section 120.0751, is
amended to read:
120.0751 [STATE BOARD COMMISSIONER OF EDUCATION; ENROLLMENT
EXCEPTIONS.]
Subdivision 1. The state board of education commissioner
may permit a pupil to enroll in a school district of which the
pupil is not a resident under this section.
Subd. 2. The pupil or the pupil's parent or guardian shall
make application to the state board commissioner, explaining the
particular circumstances which make the nonresident district the
appropriate district of attendance for the pupil. The
application must be signed by the pupil's parent or guardian and
the superintendent of the nonresident district.
Subd. 3. [CRITERIA FOR APPROVAL.] In approving or
disapproving the application the state board commissioner shall
consider the following:
(a) if the circumstances of the pupil are similar or
analogous to the exceptions permitted by section 120.075,
whether attending school in the district of residence creates a
particular hardship for the pupil; or
(b) if the pupil has been continuously enrolled for at
least two years in a district of which the pupil was not a
resident because of an error made in good faith about the actual
district of residence, whether attending school in the district
of residence creates a particular hardship for the pupil. If
the board commissioner finds that a good faith error was made
and that attending school in the district of residence would
create a particular hardship for the siblings of that pupil or
foster children of that pupil's parents, it the commissioner may
separately approve an application for any or all of the siblings
of the pupil who are related by blood, adoption, or marriage and
for foster children of the pupil's parents.
Subd. 4. The state board of education commissioner shall
render its decision in each case within 60 days of receiving the
application in subdivision 2.
Subd. 5. The department of education commissioner shall
provide the forms required by subdivision 2. The state board of
education and shall adopt the procedures necessary to implement
this section.
Subd. 6. [AID.] General education aid, capital expenditure
facilities aid, capital expenditure equipment aid, and
transportation aid for pupils covered by programs under this
section must be paid according to sections 124A.036, subdivision
5, 124.245, subdivision 6, and 124.225, subdivision 8l.
Sec. 3. Minnesota Statutes 1992, section 120.75, is
amended to read:
120.75 [HEARING.]
Subdivision 1. Prior to the initiation of any fee not
authorized or prohibited by sections 120.73 and 120.74, the
local school board shall hold a public hearing within the
district upon three weeks published notice in the district's
official newspaper. The local school board shall notify the
state board commissioner of any fee it proposes to initiate
under this section. If within 45 days of this notification, the
state board commissioner does not disapprove the proposed fee,
the local school board may initiate the proposed fee.
Subd. 2. The state board commissioner pursuant to the
administrative procedure act, sections 14.001 to 14.69, and
consistent with the general policy of section 120.72 shall have
the power to specify further authorized and prohibited fees and
to adopt rules for the purposes of sections 120.71 to 120.76.
Sec. 4. Minnesota Statutes 1992, section 121.15,
subdivision 4, is amended to read:
Subd. 4. [CONDEMNATION OF SCHOOL BUILDINGS.] The
commissioner may condemn school buildings and sites that the
state board of education determines are determined to be unfit
or unsafe for that use.
Sec. 5. Minnesota Statutes 1992, section 121.201,
subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITY OF BOARD COMMISSIONER.] The
state board of education commissioner shall coordinate and may
pay for support services for hearing impaired persons to assure
access to educational opportunities. Services may be provided
to adult students who are hearing impaired and (a) have been
denied access to educational opportunities because of the lack
of support services or (b) are presently enrolled or (c) are
contemplating enrollment in an educational program and would
benefit from support services. The state board commissioner
shall also be responsible for conducting in-service training for
public and private agencies regarding the needs of hearing
impaired persons in the adult education system.
Sec. 6. Minnesota Statutes 1992, section 121.904,
subdivision 14, is amended to read:
Subd. 14. The state board commissioner shall specify the
fiscal year or years to which the revenue from any aid or tax
levy is applicable if Minnesota Statutes do not so specify.
Sec. 7. Minnesota Statutes 1992, section 121.9121,
subdivision 1, is amended to read:
Subdivision 1. [STATE BOARD COMMISSIONER'S AUTHORIZATION.]
The state board commissioner may authorize a board to transfer
money from any fund or account other than the debt redemption
fund to another fund or account according to this section.
Sec. 8. Minnesota Statutes 1992, section 121.9121,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] A board requesting authority to
transfer money shall apply to the state board commissioner and
provide information requested. The application shall indicate
the law or rule prohibiting the desired transfer. It shall be
signed by the superintendent and approved by the school board.
Sec. 9. Minnesota Statutes 1992, section 121.9121,
subdivision 4, is amended to read:
Subd. 4. [APPROVAL STANDARD.] The state board commissioner
may approve a request only when an event has occurred in a
district that could not have been foreseen by the district. The
event shall relate directly to the fund or account involved and
to the amount to be transferred.
Sec. 10. Minnesota Statutes 1992, section 121.935,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] Every regional management information
center shall:
(a) assist its affiliated districts in complying with the
reporting requirements of the annual data acquisition calendar
and the rules of the state board of education;
(b) respond within 15 calendar days to requests from the
department for district information provided to the region for
state reporting of information, based on the data elements in
the data element dictionary;
(c) operate financial management information systems
consistent with the uniform financial accounting and reporting
standards adopted by the state board commissioner pursuant to
sections 121.90 to 121.917;
(d) make available to districts the opportunity to
participate fully in all the subsystems of ESV-IS;
(e) develop and maintain a plan to provide services during
a system failure or a disaster;
(f) comply with the requirement in section 121.908,
subdivision 2, on behalf of districts affiliated with it; and
(g) operate fixed assets property management information
systems consistent with the uniform property accounting and
reporting standards adopted by the state board commissioner.
Sec. 11. Minnesota Statutes 1992, section 121.935,
subdivision 5, is amended to read:
Subd. 5. [REGIONAL SUBSIDIES.] In any year when a regional
management information center's annual plan and budget are
approved pursuant to subdivision 3, the center shall receive a
regional reporting subsidy grant from the department of
education. The subsidy grant shall be in the amount allocated
by the state board commissioner in the process of approving the
annual budgets of the regional management information centers
pursuant to subdivision 3. The amounts of the subsidy grants
and an explanation of the allocation decisions shall be filed by
the state board commissioner with the education committees of
the legislature.
When determining the amount of a subsidy grant, the state
board commissioner shall consider the following factors:
(a) the number of students in districts affiliated with the
center;
(b) the number of districts affiliated with the center;
(c) fixed and overhead costs to be incurred in operating
the regional center, the finance subsystem, the
payroll/personnel subsystem, and the student support subsystem;
(d) variable costs to be incurred that differ in proportion
to the number of districts served and the number of subsystems
implemented for those districts;
(e) services provided to districts that enable the
districts to meet state reporting requirements;
(f) the cost of meeting the reporting requirements of
subdivision 2 for districts using approved alternative
management information systems; and
(g) the number of districts affiliated with a regional
management information center in relation to the geographic area
occupied by those districts.
Sec. 12. Minnesota Statutes 1992, section 121.936,
subdivision 4, is amended to read:
Subd. 4. [ALTERNATIVE SYSTEMS; STATE BOARD COMMISSIONER.]
Upon approval of the proposal by the state board commissioner
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
commissioner, another district may use the system without state
board approval of the commissioner. 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. 13. Minnesota Statutes 1992, section 121.936
subdivision 4a, is amended to read:
Subd. 4a. The department of education commissioner shall
develop and implement an alternative reporting system for
submission of financial data in summary form. This system shall
accommodate the use of a microcomputer finance system to be
developed and maintained by the department of education
commissioner. The alternative reporting system must comply with
sections 121.90 to 121.917. The provisions of this subdivision
shall not be construed to require the department to purchase
computer hardware nor to prohibit the department from purchasing
services from any regional management information center or the
Minnesota educational computing consortium.
Sec. 14. Minnesota Statutes 1992, section 122.241,
subdivision 3, is amended to read:
Subd. 3. [COMBINATION REQUIREMENTS.] Combining districts
must be contiguous and meet one of the following requirements at
the time of combination:
(1) at least two districts with at least 400 resident
pupils enrolled in grades 7 through 12 in the combined district
and projections, approved by the department of education, of
enrollment at least at that level for five years;
(2) at least two districts if either:
(i) both of the districts qualify for secondary sparsity
revenue under section 124A.22, subdivision 6, and have an
average isolation index over 23; or
(ii) the combined district qualifies for secondary sparsity
revenue;
(3) at least three districts with fewer than 400 resident
pupils enrolled in grades 7 through 12 in the combined district;
or
(4) at least two districts with fewer than 400 resident
pupils enrolled in grades 7 through 12 in the combined district
if either district is located on the border of the state.
A combination under clause (2), (3), or (4) must be
approved by the state board commissioner of education. The
state board commissioner shall disapprove a combination under
clause (2), (3), or (4) if the combination is educationally
unsound or would not reasonably enable the districts to fulfill
statutory and rule requirements.
Sec. 15. Minnesota Statutes 1992, section 122.243,
subdivision 1, is amended to read:
Subdivision 1. [STATE BOARD COMMISSIONER APPROVAL.] Before
submitting the question of combining school districts to the
voters at a referendum, the cooperating districts shall submit
the proposed combination to the state board commissioner of
education. The state board commissioner shall determine the
date for submission and may require any information it
determines necessary. The state board commissioner shall
disapprove the proposed combination if it is educationally
unsound, will not reasonably enable the combined district to
fulfill statutory and rule requirements, or if the plan or
modifications are incomplete. If disapproved by the state board
commissioner, the referendum shall be postponed, but not
canceled, by the school boards.
Sec. 16. Minnesota Statutes 1992, 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 commissioner of education.
Sec. 17. Minnesota Statutes 1992, section 123.35,
subdivision 17, is amended to read:
Subd. 17. [SCHOOL HEALTH SERVICES.] (a) Every school board
must provide services to promote the health of its pupils.
(b) The board of a district with 1,000 pupils or more in
average daily membership in early childhood family education,
preschool handicapped, elementary, and secondary programs must
comply with the requirements of this paragraph. It may use one
or a combination of the following methods:
(1) employ personnel, including at least one full-time
equivalent licensed school nurse or continue to employ a
registered nurse not yet certified as a public health nurse as
defined in section 145A.02, subdivision 18, who is enrolled in a
program that would lead to certification within four years of
August 1, 1988;
(2) contract with a public or private health organization
or another public agency for personnel during the regular school
year, determined appropriate by the board, who are currently
licensed under chapter 148 and who are certified public health
nurses; or
(3) enter into another arrangement approved by the state
board of education commissioner.
Sec. 18. Minnesota Statutes 1992, section 123.351,
subdivision 6, is amended to read:
Subd. 6. [STATE BOARD COMMISSIONER APPROVAL.] Prior to the
commencement of the operation of any center the agreement
entered into by participating districts shall be approved by the
state board of education commissioner.
Sec. 19. Minnesota Statutes 1992, 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 commissioner, 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.
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 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. 20. Minnesota Statutes 1992, section 123.351,
subdivision 9, is amended to read:
Subd. 9. [EXISTING CENTERS.] Centers operating pursuant to
section 471.59 which have been approved by the state board of
education prior to August 1, 1974 shall be subject to its
provisions except subdivision 1. Any changes in center
agreements necessary to comply with this section shall be
completed within 12 months after August 1, 1974 and filed with
the state board commissioner by the administrator of each center.
Centers operating pursuant to Laws 1967, chapter 822, as
amended, Laws 1969, chapter 775, as amended, and Laws 1969,
chapter 1060, as amended shall not be subject to the provisions
of this section.
Sec. 21. Minnesota Statutes 1992, section 123.3513, is
amended to read:
123.3513 [ADVANCED ACADEMIC CREDIT.]
A school district shall grant academic credit to a pupil
attending an accelerated or advanced academic course offered by
a higher education institution or a nonprofit public agency
other than the district, if the pupil successfully completes the
course attended and passes an examination approved by the
district. If no comparable course is offered by the district,
the state board of education commissioner shall determine the
number of credits which shall be granted to a pupil who
successfully completes and passes the course. If a comparable
course is offered by the district, the school board shall grant
a comparable number of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number
of credits granted for a particular course, the pupil may appeal
the school board's decision to the state board of education
commissioner. The state board's commissioner's decision
regarding the number of credits shall be final.
The credits granted to a pupil shall be counted toward the
graduation requirements and subject area requirements of the
school district. Evidence of successful completion of each
class and credits granted shall be included in the pupil's
secondary school record.
Sec. 22. Minnesota Statutes 1992, section 123.3514,
subdivision 5, is amended to read:
Subd. 5. [CREDITS.] A pupil may enroll in a course under
this section for either secondary credit or post-secondary
credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or
post-secondary credit. A pupil taking several courses may
designate some for secondary credit and some for post-secondary
credit. A pupil must not audit a course under this section.
A school district shall grant academic credit to a pupil
enrolled in a course for secondary credit if the pupil
successfully completes the course. Nine quarter or six semester
college credits equal at least one full year of high school
credit. Fewer college credits may be prorated. A school
district shall also grant academic credit to a pupil enrolled in
a course for post-secondary credit if secondary credit is
requested by a pupil. If no comparable course is offered by the
district, the district shall, as soon as possible, notify the
state board of education commissioner, which shall determine the
number of credits that shall be granted to a pupil who
successfully completes a course. If a comparable course is
offered by the district, the school board shall grant a
comparable number of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number
of credits granted for a particular course, the pupil may appeal
the school board's decision to the state board of education
commissioner. The state board's commissioner's decision
regarding the number of credits shall be final.
The secondary credits granted to a pupil shall be counted
toward the graduation requirements and subject area requirements
of the school district. Evidence of successful completion of
each course and secondary credits granted shall be included in
the pupil's secondary school record. A pupil must provide the
school with a copy of the pupil's grade in each course taken for
secondary credit under this section. Upon the request of a
pupil, the pupil's secondary school record shall also include
evidence of successful completion and credits granted for a
course taken for post-secondary credit. In either case, the
record shall indicate that the credits were earned at a
post-secondary institution.
If a pupil enrolls in a post-secondary institution after
leaving secondary school, the post-secondary institution shall
award post-secondary credit for any course successfully
completed for secondary credit at that institution. Other
post-secondary institutions may award, after a pupil leaves
secondary school, post-secondary credit for any courses
successfully completed under this section. An institution may
not charge a pupil for the award of credit.
Sec. 23. Minnesota Statutes 1992, 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 commissioner 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. 24. Minnesota Statutes 1992, section 123.58,
subdivision 6, is amended to read:
Subd. 6. [DUTIES AND POWERS OF ECSU BOARD OF DIRECTORS.]
The board of directors shall have authority to maintain and
operate an ECSU. Subject to the availability of necessary
resources, the powers and duties of this board shall include the
following:
(a) The board of directors shall submit within 90 days
after the filing of the initial petition with the state board of
education and by June 1 of each year thereafter to the state
board of education commissioner and to each participating school
district an annual plan which describes the objectives and
procedures to be implemented in assisting in resolution of the
educational needs of the ECSU. In formulating the plan the
board is encouraged to consider: (1) the number of dropouts of
school age in the ECSU area and the reasons for the dropouts;
(2) existing programs within participating districts for
dropouts and potential dropouts; (3) existing programs of the
ECSU for dropouts and potential dropouts and (4) program needs
of dropouts and potential dropouts in the area served by the
ECSU.
(b) The ECSU board of directors may provide adequate
office, service center, and administrative facilities by lease,
purchase, gift, or otherwise, subject to the review of the state
board of education commissioner as to the adequacy of the
facilities proposed.
(c) The ECSU board of directors may employ a central
administrative staff and other personnel as necessary to provide
and support the agreed upon programs and services. The board
may discharge staff and personnel pursuant to provisions of law
applicable to independent school districts. ECSU staff and
personnel may participate in retirement programs and any other
programs available to public school staff and personnel.
(d) The ECSU board of directors may appoint special
advisory committees composed of superintendents, central office
personnel, building principals, teachers, parents and lay
persons.
(e) The ECSU board of directors may employ service area
personnel pursuant to licensure standards developed by the state
board of education and the board of teaching.
(f) The ECSU board of directors may enter into contracts
with school boards of local districts including school districts
outside the ECSU area.
(g) The ECSU board of directors may enter into contracts
with other public and private agencies and institutions which
may include, but are not limited to, contracts with Minnesota
institutions of higher education to provide administrative staff
and other personnel as necessary to furnish and support the
agreed upon programs and services.
(h) The ECSU board of directors shall exercise all powers
and carry out all duties delegated to it by participating local
school districts under provisions of the ECSU bylaws. The ECSU
board of directors shall be governed, when not otherwise
provided, by the provisions of law applicable to independent
school districts of the state.
(i) The ECSU board of directors shall submit an annual
evaluation report of the effectiveness of programs and services
to the school districts and nonpublic school administrative
units within the ECSU and the state board of education
commissioner by September 1 of each year following the school
year in which the program and services were provided.
(j) The ECSU board is encouraged to establish cooperative,
working relationships with post-secondary educational
institutions in the state.
Sec. 25. Minnesota Statutes 1992, section 123.58,
subdivision 7, is amended to read:
Subd. 7. [APPOINTMENT OF AN ADVISORY COUNCIL.] There shall
be an advisory council selected to give advice and counsel to
the ECSU board of directors. This council shall be composed of
superintendents, central office personnel, principals, teachers,
parents, and lay persons. Nonpublic school administrative units
are encouraged to participate on the council to the extent
allowed by law. A plan detailing procedures for selection of
membership in this council shall be submitted by the ECSU board
of directors to the state board of education commissioner.
Sec. 26. Minnesota Statutes 1992, section 123.58,
subdivision 8, is amended to read:
Subd. 8. [EDUCATIONAL PROGRAMS AND SERVICES.] Pursuant to
subdivision 6, and rules of the state board of education, the
board of directors of each operational ECSU shall submit
annually a plan to the public school districts within the ECSU,
the nonpublic school administrative units, and the state board
of education commissioner. The plan shall identify the programs
and services which are suggested for implementation by the ECSU
during the following school year and shall contain components of
long range planning determined by the ECSU in cooperation with
the state board of education commissioner and other appropriate
agencies. The state board of education commissioner may review
and recommend modification of the proposed plan and conduct
ongoing program reviews. These programs and services may
include, but are not limited to, the following areas:
(a) Administrative services and purchasing
(b) Curriculum development
(c) Data processing
(d) Educational television
(e) Evaluation and research
(f) In-service training
(g) Media centers
(h) Publication and dissemination of materials
(i) Pupil personnel services
(j) Regional planning, joint use of facilities, and
flexible and year-round school scheduling
(k) Secondary, post-secondary, community, adult, and adult
vocational education
(l) Individualized instruction and services, including
services for students with special talents and special needs
(m) Teacher personnel services
(n) Vocational rehabilitation
(o) Health, diagnostic, and child development services and
centers
(p) Leadership or direction in early childhood and family
education
(q) Community services
(r) Shared time programs.
Sec. 27. Minnesota Statutes 1992, section 123.58,
subdivision 9, is amended to read:
Subd. 9. [FINANCIAL SUPPORT FOR THE EDUCATIONAL
COOPERATIVE SERVICE UNITS.] (a) Financial support for ECSU
programs and services shall be provided by participating local
school districts and nonpublic school administrative units with
private, state and federal financial support supplementing as
available. The ECSU board of directors may, in each year, for
the purpose of paying any administrative, planning, operating,
or capital expenses incurred or to be incurred, assess and
certify to each participating school district and nonpublic
school administrative unit its proportionate share of any and
all expenses. This share shall be based upon the extent of
participation by each district or nonpublic school
administrative unit and shall be in the form of a service fee.
Each participating district and nonpublic school administrative
unit shall remit its assessment to the ECSU board as provided in
the ECSU bylaws. The assessments shall be paid within the
maximum levy limitations of each participating district. No
participating school district or nonpublic school administrative
unit shall have any additional liability for the debts or
obligations of the ECSU except that assessment which has been
certified as its proportionate share or any other liability the
school district or nonpublic school administrative unit agrees
to assume.
(b) Any property acquired by the ECSU board is public
property to be used for essential public and governmental
purposes which shall be exempt from all taxes and special
assessments levied by a city, county, state or political
subdivision thereof. If the ECSU is dissolved, its property
must be distributed to the member public school districts at the
time of the dissolution.
(c) A school district or nonpublic school administrative
unit may elect to withdraw from participation in the ECSU by a
majority vote of its full board membership and upon compliance
with the applicable withdrawal provisions of the ECSU
organizational agreement. Upon receipt of the withdrawal
resolution reciting the necessary facts, the ECSU board shall
file a certified copy with the state board of education
commissioner. The withdrawal shall be effective on the June 30
following receipt by the board of directors of written
notification of the withdrawal at least six months prior to June
30. Notwithstanding the withdrawal, the proportionate share of
any expenses already certified to the withdrawing school
district or nonpublic school administrative unit for the ECSU
shall be paid to the ECSU board.
(d) Notwithstanding paragraph (c), if a member school
district of an education district withdraws from an ECSU to
comply with subdivision 4, the school district's withdrawal is
effective on June 30, following receipt by the board of
directors of the district's written notification.
(e) The ECSU is a public corporation and agency and its
board of directors may make application for, accept and expend
private, state and federal funds that are available for programs
of educational benefit approved by the state board of education
commissioner in accordance with rules adopted by the state board
of education pursuant to chapter 14. The state board of
education commissioner shall not distribute special state aid or
federal aid directly to an ECSU in lieu of distribution to a
school district within the ECSU which would otherwise qualify
for and be entitled to this aid without the consent of the
school board of that district.
(f) The ECSU is a public corporation and agency and as
such, no earnings or interests of the ECSU may inure to the
benefit of an individual or private entity.
Sec. 28. Minnesota Statutes 1992, section 123.71,
subdivision 1, is amended to read:
Subdivision 1. Every school board shall, no later than
October 1, publish the revenue and expenditure budgets submitted
to the commissioner of education in accordance with section
121.908, subdivision 4, for the current year and the actual
revenues, expenditures, fund balances for the prior year and
projected fund balances for the current year in a form
prescribed by the state board of education commissioner after
consultation with the advisory council on uniform financial
accounting and reporting standards. The forms prescribed shall
be designed so that year to year comparisons of revenue,
expenditures and fund balances can be made. These budgets,
reports of revenue, expenditures and fund balances shall be
published in a qualified newspaper of general circulation in the
district.
Sec. 29. Minnesota Statutes 1992, section 123.932,
subdivision 7, is amended to read:
Subd. 7. "Intermediary service area" means a school
administrative unit approved by the state board of education
commissioner, other than a single school district, including but
not limited to the following: (a) an educational cooperative
service unit; (b) a cooperative of two or more school districts;
(c) learning centers; or (d) an association of schools or school
districts.
Sec. 30. Minnesota Statutes 1992, section 123.947, is
amended to read:
123.947 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.]
(a) The department of education commissioner shall assure
that textbooks and individualized instructional materials loaned
to nonpublic school pupils are secular, neutral, nonideological
and that they are incapable of diversion for religious use.
(b) Textbooks and individualized instructional materials
shall not be used in religious courses, devotional exercises,
religious training or any other religious activity.
(c) Textbooks and individualized instructional materials
shall be loaned only to individual pupils upon the request of a
parent or guardian or the pupil on a form designated for this
use by the department of education commissioner. The request
forms shall provide for verification by the parent or guardian
or pupil that the requested textbooks and individualized
instructional materials are for the use of the individual pupil
in connection with a program of instruction in the pupil's
elementary or secondary school.
(d) The servicing school district or the intermediary
service area shall take adequate measures to ensure an accurate
and periodic inventory of all textbooks and individualized
instructional materials loaned to elementary and secondary
school pupils attending nonpublic schools. The state board of
education shall promulgate rules under the provisions of chapter
14 to terminate the eligibility of any nonpublic school pupil if
the department of education commissioner determines, after
notice and opportunity for hearing, that the textbooks or
individualized instructional materials have been used in a
manner contrary to the provisions of section 123.932,
subdivision 1e, 123.933 or this section or any rules promulgated
by the state board of education.
(e) Nothing contained in section 123.932, subdivision 1e,
123.933 or this section shall be construed to authorize the
making of any payments to a nonpublic school or its faculty,
staff or administrators for religious worship or instruction or
for any other purpose.
Sec. 31. Minnesota Statutes 1992, section 124.09, is
amended to read:
124.09 [SCHOOL ENDOWMENT FUND, APPORTIONMENT.]
The school endowment fund shall be apportioned semiannually
by the state board commissioner, on the first Monday in March
and October in each year, to districts whose schools have been
in session at least nine months. The apportionment shall be in
proportion to the number of pupils in average daily membership
during the preceding year; provided, that apportionment shall
not be paid to a district for pupils for whom tuition is
received by the district.
Sec. 32. Minnesota Statutes 1992, section 124.10,
subdivision 1, is amended to read:
Subdivision 1. A copy of the apportionment of the school
endowment fund shall be furnished by the state board
commissioner to the commissioner of finance, who thereupon shall
draw warrants on the state treasury, payable to the several
districts, for the amount due each district. There is hereby
annually appropriated from the school endowment fund the amount
of such apportionments.
Sec. 33. Minnesota Statutes 1992, section 124.14,
subdivision 1, is amended to read:
Subdivision 1. The state board commissioner shall
supervise distribution of school aids and grants in accordance
with law. It may make rules consistent with law for the
distribution to enable districts to perform efficiently the
services required by law and further education in the state,
including reasonable requirements for the reports and accounts
to it as will assure accurate and lawful apportionment of aids.
State and federal aids and discretionary or entitlement grants
distributed by the state board commissioner shall not be subject
to the contract approval procedures of the commissioner of
administration or to chapter 16A or 16B. The commissioner of
education shall adopt internal procedures for administration and
monitoring of aids and grants.
Sec. 34. Minnesota Statutes 1992, section 124.14,
subdivision 4, is amended to read:
Subd. 4. [FINAL DECISION AND RECORDS.] A reduction of aid
under this section may be appealed to the state board of
education and its decision shall be final. Public schools shall
at all times be open to the inspection of the state board
commissioner, and the accounts and records of any district shall
be open to inspection by the state auditor, the state board, or
the commissioner for the purpose of audits conducted under this
section. Each district shall keep for a minimum of three years
at least the following: (1) identification of the annual
session days held, together with a record of the length of each
session day, (2) a record of each pupil's daily attendance, with
entrance and withdrawal dates, and (3) identification of the
pupils transported who are reported for transportation aid.
Sec. 35. Minnesota Statutes 1992, section 124.17,
subdivision 2c, is amended to read:
Subd. 2c. Notwithstanding subdivision 2, in cases when
school is in session but pupils are prevented from attending for
more than 15 consecutive school days during the regular school
year or five consecutive school days during summer school or
intersession classes of flexible school year programs, because
of epidemic, calamity, weather, fuel shortage, or other
justifiable cause, the state board commissioner, upon
application, may allow the district to continue to count these
pupils in average daily membership. A lawful employees' strike
is not a justifiable cause for purposes of this subdivision.
Sec. 36. Minnesota Statutes 1992, section 124.223,
subdivision 3, is amended to read:
Subd. 3. [SECONDARY VOCATIONAL CENTERS.] State
transportation aid is authorized for transportation to and from
a state board commissioner approved secondary vocational center
for secondary vocational classes for resident pupils of any of
the districts who are members of or participating in programs at
that center.
Sec. 37. Minnesota Statutes 1992, section 124.2725,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A school district is
eligible for cooperation and combination revenue if it has a
plan approved by the state board of education commissioner
according to section 122.243.
Sec. 38. Minnesota Statutes 1992, section 124.2725,
subdivision 13, is amended to read:
Subd. 13. [REVENUE FOR EXTENDED COOPERATION.] If the state
board commissioner disapproves of the plan according to section
122.243, subdivision 1, or if a second referendum fails under
section 122.243, subdivision 2, cooperation and combination
revenue shall equal $50 times the actual pupil units.
Cooperation and combination aid must be reduced by an amount
equal to the aid paid under subdivision 6 plus the difference
between the aid paid under subdivision 5 for the first two years
of the agreement and the aid that would have been paid if the
revenue had been $50 times the actual pupil units. If the aid
is insufficient to recover the entire amount, the department of
education commissioner shall reduce other aids due the district
to recover the entire amount. The cooperation and combination
levy shall be reduced by an amount equal to the difference
between the levy for the first two years of the agreement and
the levy that would have been authorized if the revenue had been
$50 times the actual pupil units. A district that receives
revenue under this subdivision may not also receive revenue
according to sections 124.2721 and 124.575.
Sec. 39. Minnesota Statutes 1992, section 124.276,
subdivision 3, is amended to read:
Subd. 3. [STATE BOARD COMMISSIONER APPROVAL.] The state
board commissioner may approve plans and applications for
districts throughout the state for career teacher aid.
Application procedures and deadlines shall be established by the
state board commissioner.
Sec. 40. Minnesota Statutes 1992, section 124.48,
subdivision 1, is amended to read:
Subdivision 1. [AWARDS.] The state board commissioner,
with the advice and counsel of the Minnesota Indian scholarship
committee, may award scholarships to any Minnesota resident
student who is of one-fourth or more Indian ancestry, who has
applied for other existing state and federal scholarship and
grant programs, and who, in the opinion of the board
commissioner, has the capabilities to benefit from further
education. Scholarships shall be for advanced or specialized
education in accredited or approved colleges or in business,
technical or vocational schools. Scholarships shall be used to
defray the total cost of education including tuition, incidental
fees, books, supplies, transportation, other related school
costs and the cost of board and room and shall be paid directly
to the college or school concerned. The total cost of education
includes all tuition and fees for each student enrolling in a
public institution and the portion of tuition and fees for each
student enrolling in a private institution that does not exceed
the tuition and fees at a comparable public institution. Each
student shall be awarded a scholarship based on the total cost
of the student's education and a standardized need analysis.
The amount and type of each scholarship shall be determined
through the advice and counsel of the Minnesota Indian
scholarship committee.
When an Indian student satisfactorily completes the work
required by a certain college or school in a school year the
student is eligible for additional scholarships, if additional
training is necessary to reach the student's educational and
vocational objective. Scholarships may not be given to any
Indian student for more than five years of study without special
approval of the Minnesota Indian scholarship committee.
Sec. 41. Minnesota Statutes 1992, section 124.573,
subdivision 3, is amended to read:
Subd. 3. [COMPLIANCE WITH RULES.] Aid shall be paid under
this section only for services rendered or for costs incurred in
secondary vocational education programs approved by the state
department of education commissioner and operated in accordance
with rules promulgated by the state board of education. These
rules shall provide minimum student-staff ratios required for a
secondary vocational education program in a cooperative center
to qualify for this aid. The rules shall not require any
minimum number of administrative staff, any minimum period of
coordination time or extended employment for secondary
vocational education personnel, or the availability of
vocational student activities or organizations for a secondary
vocational education program to qualify for this aid. The
requirement in these rules that program components be available
for a minimum number of hours shall not be construed to prevent
pupils from enrolling in secondary vocational education courses
on an exploratory basis for less than a full school year. The
state board of education shall not require a school district to
offer more than four credits or 560 hours of vocational
education course offerings in any school year. Rules relating
to secondary vocational education programs shall not incorporate
the provisions of the state plan for vocational education by
reference. This aid shall be paid only for services rendered
and for costs incurred by essential, licensed personnel who meet
the work experience requirements for licensure pursuant to the
rules of the state board of education. Licensed personnel means
persons holding a valid secondary vocational license issued by
the department of education commissioner, except that when an
average of five or fewer secondary full-time equivalent students
are enrolled per teacher in an approved post-secondary program
at intermediate district No. 287, 916, or 917, licensed
personnel means persons holding a valid vocational license
issued by the department of education commissioner or the state
board for vocational technical education. Notwithstanding
section 124.15, the commissioner may modify or withdraw the
program or aid approval and withhold aid under this section
without proceeding under section 124.15 at any time. To do so,
the commissioner must determine that the program does not comply
with rules of the state board or that any facts concerning the
program or its budget differ from the facts in the district's
approved application.
Sec. 42. Minnesota Statutes 1992, section 124.625, is
amended to read:
124.625 [VETERANS TRAINING.]
The state board of education commissioner shall continue
the veterans training program. All receipts to the veterans
training revolving fund for the veterans training program are
appropriated to the state board commissioner to pay the
necessary expenses of operation of the program. The state board
department of education shall act as the state agency for
approving educational institutions for purposes of United States
Code, title 38, chapter 36, relating to educational benefits for
veterans and other persons. The state board may adopt rules to
fulfill its obligations as the state approving agency. All
federal money received for purposes of the veterans training
program shall be deposited in the veterans training revolving
fund and is appropriated to the state board department for those
purposes.
Sec. 43. Minnesota Statutes 1992, section 124A.27,
subdivision 2, is amended to read:
Subd. 2. [STATE ASSISTANCE.] The state board of education
and the commissioner of education shall provide assistance to
school boards offering the programs enumerated in this section.
The state board or commissioner may establish an advisory
committee for any program area. Technical assistance shall be
provided commensurate with school board and district needs.
State board of education rules apply to all programs or portions
of programs offered.
Sec. 44. Minnesota Statutes 1992, section 125.185,
subdivision 6, is amended to read:
Subd. 6. The state board of education commissioner shall
provide all necessary materials and assistance for the
transaction of the business of the board of teaching and all
moneys received by the board of teaching shall be paid into the
state treasury as provided by law. The expenses of
administering sections 125.01 to 125.187 which are incurred by
the board of teaching shall be paid for from appropriations made
to the board of teaching.
Sec. 45. Minnesota Statutes 1992, section 126.151,
subdivision 2, is amended to read:
Subd. 2. [ACCOUNTS OF THE ORGANIZATION.] The commissioner
and the state boards of education and board of technical
colleges may retain dues and other money collected on behalf of
students participating in approved vocational student
organizations and may deposit the money in separate accounts.
The money in these accounts shall be available for expenditures
for state and national activities related to specific
organizations. Administration of money collected under this
section is not subject to the provisions of chapters 15, 16A,
and 16B, and may be deposited outside the state treasury. Money
shall be administered under the policies of the applicable state
board or agency relating to post-secondary and secondary
vocational student organizations and is subject to audit by the
legislative auditor. Any unexpended money shall not cancel but
may be carried forward to the next fiscal year.
Sec. 46. Minnesota Statutes 1992, section 126.239,
subdivision 3, is amended to read:
Subd. 3. [SUBSIDY FOR EXAMINATION FEES.] The state may pay
all or part of the fee for advanced placement or international
baccalaureate examinations for pupils in public and nonpublic
schools whose circumstances make state payment advisable.
The state board of education commissioner shall adopt a schedule
for fee subsidies that may allow payment of the entire fee for
low-income families, as defined by the state board commissioner.
The state board commissioner may also determine the
circumstances under which the fee is subsidized, in whole or in
part. The state board commissioner shall determine procedures
for state payments of fees.
Sec. 47. Minnesota Statutes 1992, section 126.267, is
amended to read:
126.267 [TECHNICAL ASSISTANCE.]
The state board of education commissioner shall provide
technical assistance to school districts receiving aid pursuant
to section 124.273 and to post-secondary institutions for
preservice and in-service training for bilingual education
teachers and English as a second language teachers employed in
educational programs for limited English proficient students,
teaching methods, curriculum development, testing and testing
mechanisms, and the development of instructional materials for
these educational programs.
Sec. 48. Minnesota Statutes 1992, section 126.52,
subdivision 8, is amended to read:
Subd. 8. [TECHNICAL ASSISTANCE.] The state board
commissioner shall provide technical assistance to school
districts, schools and post-secondary institutions for
preservice and in-service training for American Indian education
teachers and teacher's aides, teaching methods, curriculum
development, testing and testing mechanisms, and the development
of materials for American Indian education programs.
Sec. 49. Minnesota Statutes 1992, section 126.52,
subdivision 9, is amended to read:
Subd. 9. [APPLICATION FOR FUNDS.] The state board
commissioner shall apply for money which may be available under
federal programs for American Indian education, including funds
for administration, demonstration projects, training, technical
assistance, planning and evaluation.
Sec. 50. Minnesota Statutes 1992, section 126.54,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the
state board of education shall make grants to no fewer than six
American Indian language and culture education programs. At
least three programs shall be in urban areas and at least three
shall be on or near reservations. The board of a local
district, a participating school or a group of boards may
develop a proposal for grants in support of American Indian
language and culture education programs. Proposals may provide
for contracts for the provision of program components by
nonsectarian nonpublic, community, tribal, or alternative
schools. The state board commissioner shall prescribe the form
and manner of application for grants, and no grant shall be made
for a proposal not complying with the requirements of sections
126.45 to 126.55. The state board shall submit all proposals to
the state advisory task force on American Indian language and
culture education programs for its recommendations concerning
approval, modification, or disapproval and the amounts of grants
to approved programs.
Sec. 51. Minnesota Statutes 1992, section 126.56,
subdivision 4a, is amended to read:
Subd. 4a. [ELIGIBLE PROGRAMS.] A scholarship may be used
only for an eligible program. To be eligible, a program must:
(1) provide, as its primary purpose, academic instruction
for student enrichment in curricular areas including, but not
limited to, communications, humanities, social studies, social
science, science, mathematics, art, or foreign languages;
(2) not be offered for credit to post-secondary students;
(3) not provide remedial instruction;
(4) meet any other program requirements established by the
state board of education and the higher education coordinating
board; and
(5) be approved by the state board of education
commissioner.
Sec. 52. Minnesota Statutes 1992, section 126.56,
subdivision 7, is amended to read:
Subd. 7. [ADMINISTRATION.] The state board of education
and the higher education coordinating board and commissioner
shall determine the time and manner for scholarship
applications, awards, and program approval.
Sec. 53. Minnesota Statutes 1992, section 126.665, is
amended to read:
126.665 [STATE CURRICULUM ADVISORY COMMITTEE.]
The commissioner state board shall appoint a state
curriculum advisory committee of 11 members to advise the state
board it 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, higher
education, parents, teachers, administrators, business, 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.
The committee expires as provided in section 15.059,
subdivision 5.
Sec. 54. Minnesota Statutes 1992, section 126A.07,
subdivision 1, is amended to read:
Subdivision 1. [COOPERATION AND SUPPORT.] The director
shall cooperate with and support the environmental education
program developed by the state board of education and the
department of education commissioner.
Sec. 55. Minnesota Statutes 1992, section 128A.024,
subdivision 2, is amended to read:
Subd. 2. [VARIOUS LEVELS OF SERVICE.] The academies must
provide their pupils with the levels of service defined in state
board rules of the state board.
ARTICLE 14
REFERENCES TO REPEALED LAW
Section 1. Minnesota Statutes 1992, section 6.65, is
amended to read:
6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.]
The state auditor shall prescribe minimum procedures and
the audit scope for auditing the books, records, accounts, and
affairs of local governments in Minnesota. The minimum scope
for audits of all local governments must include financial and
legal compliance audits for fiscal years ending after January
15, 1984. Audits of all school districts shall include a
determination of compliance with uniform financial accounting
and reporting standards adopted by the state board of education
according to section 121.902, subdivision 1. The state auditor
shall establish a task force to promulgate an audit guide for
legal compliance audits. The task force must include
representatives of the state auditor, the attorney general,
towns, cities, counties, school districts, and private sector
public accountants.
Sec. 2. Minnesota Statutes 1992, section 89.35,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE OF PLANTING.] The purposes for which
trees may be produced, procured, distributed, and planted under
sections 89.35 to 89.39 shall include auxiliary forests,
woodlots, windbreaks, shelterbelts, erosion control, soil
conservation, water conservation, provision of permanent food
and cover for wild life, environmental education, and
afforestation and reforestation on public or private lands of
any kind, but shall not include the raising of fruit for human
consumption or planting for purely ornamental purposes other
than in connection with an environmental education program as
provided in section 126.111. It is hereby declared that all
such authorized purposes are in furtherance of the public
health, safety, and welfare.
Sec. 3. Minnesota Statutes 1992, section 120.17,
subdivision 7a, is amended to read:
Subd. 7a. [ATTENDANCE AT SCHOOL FOR THE DISABLED.]
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. 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.
(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
children with a disability 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.
(e) Notwithstanding the provisions of clauses (b) and (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 (d) for
providing appropriate educational programs to pupils attending
the applicable school.
(f) Notwithstanding the provisions of clauses (b) and (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 kindergarten and 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 kindergarten and 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. A balance in an appropriation
under this paragraph does not cancel but is available in
successive fiscal years.
Sec. 4. Minnesota Statutes 1992, section 121.11,
subdivision 5, is amended to read:
Subd. 5. [UNIFORM SYSTEM OF RECORDS AND OF ACCOUNTING.]
The state board shall prepare a uniform system of records for
public schools, require reports from superintendents and
principals of schools, teachers, school officers, and the chief
officers of public and other educational institutions, to give
such facts as it may deem of public value. Beginning in fiscal
year 1977, all reports required of school districts by the state
board shall be in conformance with the uniform financial
accounting and reporting system adopted pursuant to section
121.902. With the cooperation of the state auditor, the state
board shall establish and carry into effect a uniform system of
accounting by public school officers and it shall have authority
to supervise and examine the accounts and other records of all
public schools.
Sec. 5. Minnesota Statutes 1992, section 121.908,
subdivision 6, is amended to read:
Subd. 6. A school district providing early retirement
incentive payments under section 125.611, severance pay under
section 465.72, or health insurance benefits to retired
employees under section 471.61, must account for the payments
according to uniform financial accounting and reporting
standards adopted for Minnesota school districts pursuant to
section 121.902.
Sec. 6. Minnesota Statutes 1992, 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 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. 7. Minnesota Statutes 1992, section 123.71,
subdivision 1, is amended to read:
Subdivision 1. Every school board shall, no later than
October 1, publish the revenue and expenditure budgets submitted
to the commissioner of education in accordance with section
121.908, subdivision 4, for the current year and the actual
revenues, expenditures, fund balances for the prior year and
projected fund balances for the current year in a form
prescribed by the state board of education after consultation
with the advisory council on uniform financial accounting and
reporting standards. The forms prescribed shall be designed so
that year to year comparisons of revenue, expenditures and fund
balances can be made. These budgets, reports of revenue,
expenditures and fund balances shall be published in a qualified
newspaper of general circulation in the district.
Sec. 8. Minnesota Statutes 1992, section 124.155,
subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(1) general education aid authorized in sections 124A.23
and 124B.20;
(2) secondary vocational aid authorized in section 124.573;
(3) special education aid authorized in section 124.32;
(4) secondary vocational aid for children with a disability
authorized in section 124.574;
(5) aid for pupils of limited English proficiency
authorized in section 124.273;
(6) transportation aid authorized in section 124.225;
(7) community education programs aid authorized in section
124.2713;
(8) adult education aid authorized in section 124.26;
(9) early childhood family education aid authorized in
section 124.2711;
(10) capital expenditure aid authorized in sections
124.243, 124.244, and 124.83;
(11) education district aid according to section 124.2721;
(12) secondary vocational cooperative aid according to
section 124.575;
(13) (12) assurance of mastery aid according to section
124.311;
(14) (13) individual learning and development aid according
to section 124.331;
(15) (14) homestead credit under section 273.13 for taxes
payable in 1989 and additional transition credit under section
273.1398, subdivision 5, for taxes payable in 1990 and
thereafter;
(16) (15) agricultural credit under section 273.132 for
taxes payable in 1989 and additional transition credit under
section 273.1398, subdivision 5, for taxes payable in 1990 and
thereafter;
(17) (16) homestead and agricultural credit aid and
disparity reduction aid authorized in section 273.1398,
subdivision 2;
(18) (17) attached machinery aid authorized in section
273.138, subdivision 3; and
(19) (18) alternative delivery aid authorized in section
124.322.
(b) The commissioner of education shall schedule the timing
of the adjustments to state aids and credits specified in
subdivision 1, as close to the end of the fiscal year as
possible.
Sec. 9. Minnesota Statutes 1992, section 124.195,
subdivision 8, is amended to read:
Subd. 8. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One
hundred percent of the aid for the last fiscal year must be paid
for the following aids: special education residential aid
according to section 124.32, subdivision 5; special education
pupil aid according to section 124.32, subdivision 6; special
education summer school aid, according to section 124.32,
subdivision 10; and planning, evaluating, and reporting process
aid according to section 124.274.
Sec. 10. Minnesota Statutes 1992, section 124.2711,
subdivision 2, is amended to read:
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.
Sec. 11. Minnesota Statutes 1992, section 124.322,
subdivision 2, is amended to read:
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
section 124.32, subdivisions 1b, 2, 5, and 10, and Minnesota
Statutes 1990, section 275.125, subdivision 8c, or section
124.321, 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.
Sec. 12. Minnesota Statutes 1992, section 124.322,
subdivision 3, is amended to read:
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.
Sec. 13. Minnesota Statutes 1992, section 126.54,
subdivision 3, is amended to read:
Subd. 3. [ADDITIONAL REQUIREMENTS.] Each school district
receiving a grant under this section shall each year conduct a
count of American Indian children in the schools of the
district; test for achievement; identify the extent of other
educational needs of the children to be enrolled in the American
Indian language and culture education program; and classify the
American Indian children by grade, level of educational
attainment, age and achievement. This count may be part of the
school census required pursuant to section 120.095.
Participating schools shall maintain records concerning the
needs and achievements of American Indian children served.
Sec. 14. Minnesota Statutes 1992, section 127.20, is
amended to read:
127.20 [VIOLATIONS; PENALTIES.]
Any person who fails or refuses to provide for instruction
of a child of whom the person has legal custody, and who is
required by section 120.101, subdivision 5, or by a policy
adopted under section 120.101, subdivision 5a, to receive
instruction, when notified so to do by a truant officer or other
official, or any person who induces or attempts to induce any
such child unlawfully to be absent from school, or who knowingly
harbors or employs, while school is in session, any child
unlawfully absent from school, shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more
than $50, or by imprisonment for not more than 30 days. All
fines, when collected, shall be paid into the county treasury
for the benefit of the school district in which the offense is
committed.
Sec. 15. Minnesota Statutes 1992, section 136C.04,
subdivision 6, is amended to read:
Subd. 6. [ACCOUNTING AND REPORTING STANDARDS.] The state
board shall maintain the uniform financial accounting and
reporting system according to the provisions of sections 121.90
121.904 to 121.917, except that reports required by section
121.908 must be submitted to the state board on dates determined
by the state board. All expenditures and revenue related to
summer session credit courses must be recognized in the fiscal
year in which the course begins.
Sec. 16. [INSTRUCTIONS TO REVISOR.]
(a) In the next edition of Minnesota Statutes, the revisor
must, in the section or subdivision listed in column A, delete
the reference listed in column B.
Column A Column B
121.904, subd. 4a 124.2721, subd. 3
121.904, subd. 4e 124.2721
121.904, subd. 4e 124.2721, subd. 3
124.155, subd. 1 124.912, subd. 5
124.2725, subd. 13 124.2721
273.1398, subd. 6 124.2721
274.20, subd. 2 124.2721
(b) In the next edition of Minnesota Statutes, the revisor
must, in the section or subdivision listed in column A, change
the reference listed in column B to the reference listed in
column C.
Column A Column B Column C
16B.43 121.937 121.936
120.064, subd. 8 121.901 121.904
121.93, subd. 1 121.937 121.936
121.931, subd. 1 121.937 121.936
121.935, subd. 1 121.937 121.936
121.935, subd. 2 121.90 121.904
121.936, subd. 4a 121.90 121.904
124.14, subd. 2 121.90 121.904
126.269 126.268 126.267
Sec. 17. [REPEALER.]
Minnesota Statutes 1992, sections 121.93, subdivision 5;
124.195, subdivision 13; and 128B.03, subdivision 2, are
repealed.
ARTICLE 15
Section 1. Minnesota Statutes 1992, section 124A.029,
subdivision 4, is amended to read:
Subd. 4. [PER PUPIL REVENUE OPTION.] A district may, by
school board resolution, request that the department convert the
levy authority under section 124.912, subdivisions 2 and 3, or
its current referendum revenue, excluding authority based on a
dollar amount, authorized before July 1, 1991 1993, to an
allowance per pupil. The district must adopt a resolution and
submit a copy of the resolution to the department by July
1, 1992 1993. The department shall convert a district's revenue
for fiscal year 1994 1995 and later years as follows: the
revenue allowance equals the amount determined by dividing the
district's maximum revenue under section 124A.03 or 124.912,
subdivisions 2 and 3, for fiscal year 1993 1994 by the
district's 1992-1993 1993-1994 actual pupil units. A district's
maximum revenue for all later years for which the revenue is
authorized equals the revenue allowance times the district's
actual pupil units for that year. If a district has referendum
authority under section 124A.03 and levy authority under section
124.912, subdivisions 2 and 3, and the district requests that
each be converted, the department shall convert separate revenue
allowances for each. However, if a district's referendum
revenue is limited to a dollar amount, the maximum revenue under
section 124A.03 must not exceed that dollar amount. If the
referendum authority of a district is converted according to
this subdivision, the authority expires July 1, 1997 June 30,
1997, unless it is scheduled to expire sooner.
Sec. 2. [DECLINING PUPIL UNIT AID.]
(a) For fiscal year 1994 only, a school district is
eligible for declining pupil unit aid equal to the greater of
zero or the result of the following computation:
(1) add 77 percent of the district's actual pupil units for
fiscal year 1994 and 23 percent of the district's actual pupil
units for fiscal year 1993;
(2) subtract from the amount calculated in clause (1) the
district's actual pupil units for fiscal year 1994; and
(3) multiply the amount determined in clause (2) by the
basic formula allowance for that year.
(b) The aid amount calculated under paragraph (a) is
available from the general education appropriation under article
1, section 41, subdivision 2, to the department of education for
payment of declining pupil unit aid.
Sec. 3. [FISCAL YEAR 1996 AND FISCAL YEAR 1997
APPROPRIATIONS.]
The appropriations for the 1996-1997 biennium for programs
contained in this bill will be $2,770,488,000 for fiscal year
1996 and $2,953,102,000 for fiscal year 1997, plus or minus any
adjustments due to variance in pupil forecasts, levies or other
factors generating entitlements for the general revenue program
established in Minnesota Statutes, section 124A.04. These
amounts will first be allocated to fully fund the general
revenue program. Amounts remaining will be allocated to other
programs in proportion to the fiscal year 1995 appropriations or
the entitlements generated by existing law for those programs
for each year, up to the amount of the entitlement or the fiscal
year 1995 appropriations. Any amounts remaining after
allocation to these other programs may be maintained in a
reserve account pending recommendations of the governor and
legislature in the 1995 session.
Sec. 4. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Presented to the governor May 13, 1993
Signed by the governor May 17, 1993, 10:38 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes