Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 647-H.F.No. 2189
An act relating to education; prekindergarten through
grade 12; providing for general education revenue;
transportation; special programs; community education;
facilities; organization and cooperation; commitment
to excellence; other programs; miscellaneous
provisions; libraries; state agencies; school bus
safety; conforming amendments; independent school
district No. 191, Burnsville; technical college
funding shift; providing for appointments; providing
for penalties; appropriating money; amending Minnesota
Statutes 1992, sections 13.04, by adding a
subdivision; 120.101, by adding a subdivision; 120.17,
subdivision 1, and by adding a subdivision; 121.612,
subdivision 7; 121.904, subdivision 4e; 121.908,
subdivision 5; 121.912, subdivision 5; 121.935,
subdivision 6; 122.23, subdivisions 6, 8, 10, 13, and
by adding a subdivision; 122.531, subdivision 9;
122.533; 122.91, subdivision 3; 122.937, subdivision
4; 123.35, subdivision 19a, and by adding
subdivisions; 123.3514, subdivisions 3 and 4; 123.39,
subdivision 1; 123.58, subdivisions 2 and 4; 123.78,
by adding a subdivision; 123.932, subdivision 11;
124.19, subdivision 1b; 124.195, subdivisions 3, 3a,
6, and by adding a subdivision; 124.214, subdivision
2; 124.223, subdivisions 1, 4, 6, and by adding a
subdivision; 124.225, by adding subdivisions; 124.242;
124.244, subdivision 4; 124.248, subdivision 3;
124.26, subdivision 1b; 124.2601, subdivisions 3, 5,
and 7; 124.2711, by adding a subdivision; 124.2713, by
adding a subdivision; 124.2721, subdivisions 1 and 5;
124.2725, subdivision 16; 124.278, subdivision 1;
124.32, subdivision 7; 124.46, subdivision 3; 124.573,
by adding a subdivision; 124.6472, subdivision 1;
124.84, by adding a subdivision; 124.85, subdivision
2, and by adding subdivisions; 124.86, subdivision 2;
124.90, by adding a subdivision; 124.912, by adding a
subdivision; 124.914, subdivision 1; 124.95,
subdivision 4; 124A.02, by adding subdivisions;
124A.03, subdivision 2a; 124A.22, subdivision 2a;
124A.26, by adding a subdivision; 124A.28, by adding a
subdivision; 124C.49; 125.03, by adding a subdivision;
125.09, subdivision 1; 125.188, subdivision 1; 126.02,
subdivision 1; 126.15, subdivision 4; 126.23; 126.51,
subdivision 1; 126.69, subdivisions 1 and 3; 126.77,
subdivision 1; 126.78; 126A.04, subdivision 5; 127.03,
subdivision 3; 127.27, subdivision 5; 127.31, by
adding a subdivision; 127.38; 127.43, subdivision 1;
129C.15, by adding a subdivision; 134.195, subdivision
10; 136A.125, subdivision 3; 136D.23, subdivision 2;
136D.26; 136D.281, by adding a subdivision; 136D.74,
subdivision 2a; 136D.741, by adding a subdivision;
136D.83, subdivision 2; 136D.86; 136D.88, by adding a
subdivision; 169.01, subdivision 6; 169.21,
subdivision 2; 169.441, subdivision 3; 169.442,
subdivision 1; 169.443, subdivision 8; 169.445,
subdivisions 1 and 2; 169.446, subdivision 3; 169.447,
subdivision 6; 169.64, subdivision 8; 171.01,
subdivision 22; 171.321, subdivision 3, and by adding
subdivisions; 171.3215; 179A.07, subdivision 6;
252.21; 260.181, subdivision 2; 272.02, subdivision 8;
475.61, subdivision 4; 631.40, subdivision 1a;
Minnesota Statutes 1993 Supplement, sections 16A.152,
subdivision 2; 120.064, subdivisions 3 and 16;
120.101, subdivision 5b; 120.17, subdivisions 3, 11a,
11b, 12, and 17; 121.11, subdivisions 7c and 7d;
121.702, subdivisions 2 and 9; 121.703; 121.705;
121.706; 121.707; 121.708; 121.709; 121.710; 121.831,
subdivision 9; 121.8355, subdivision 1; 121.885,
subdivisions 1, 2, and 4; 121.904, subdivisions 4a and
4c; 121.931, subdivision 5; 123.351, subdivision 8;
123.3514, subdivisions 6 and 6b; 123.58, subdivisions
6, 7, 8, and 9; 124.155, subdivisions 1 and 2; 124.17,
subdivisions 1 and 2f; 124.19, subdivision 1; 124.225,
subdivisions 1 and 7e; 124.226, subdivisions 3a and 9;
124.243, subdivision 8; 124.244, subdivision 1;
124.248, subdivision 4; 124.26, subdivisions 1c and 2;
124.2711, subdivision 1; 124.2713, subdivision 5;
124.2714; 124.2727, subdivisions 6a, 6d, and by adding
a subdivision; 124.573, subdivisions 2b, 2e, and 3;
124.6469, subdivision 3; 124.83, subdivision 1;
124.85, subdivisions 1, 4, and 5; 124.91, subdivisions
3 and 5; 124.914, subdivision 4; 124.95, subdivision
1; 124.961; 124A.029, subdivision 4; 124A.03,
subdivisions 1c, 2, and 3b; 124A.22, subdivisions 5,
6, and 8; 124A.225, subdivisions 1, 4, and by adding a
subdivision; 124A.23, subdivision 1; 124A.29,
subdivision 1; 124A.292, subdivision 3; 124C.60;
125.05, subdivision 1a; 125.138, subdivision 9;
125.185, subdivision 4; 125.230, subdivisions 3, 4,
and 6; 125.231, subdivisions 1 and 4; 125.623,
subdivision 3; 125.706; 126.22, subdivisions 3, 3a,
and 4; 126.239, subdivision 3; 126.70, subdivisions 1
and 2a; 127.46; 171.321, subdivision 2; 245.492,
subdivision 10; 275.48; Laws 1992, chapter 499,
article 6, section 34; 11, section 9; Laws 1993,
chapter 224, articles 1, section 38; 2, section 15,
subdivision, as amended; 3, sections 36, subdivision
2; 38, subdivision 22; 4, section 44, subdivisions 6
and 20; 5, sections 43, 46, subdivisions 2, 3, and 4;
6, sections 30, subdivision 2; 34, subdivision 2; 7,
section 28, subdivisions 3, 4, and 11; 8, sections 20,
subdivision 2; 22, subdivisions 6 and 12; 12, section
39; 15, sections 2 and 3; proposing coding for new law
in Minnesota Statutes, chapters 120; 121; 122; 123;
124; 124A; 125; 126; 134; 169; repealing Minnesota
Statutes 1992, sections 121.904, subdivision 4e;
121.935, subdivision 7; 122.23, subdivision 13a;
122.91, subdivisions 5 and 7; 122.93, subdivision 7;
122.937; 122.94, subdivisions 2, 3, and 6; 122.945;
136D.22, subdivision 3; 136D.27; 136D.71, subdivision
2; 136D.73, subdivision 3; 136D.74, subdivisions 2a,
2b, and 4; 136D.82, subdivision 3; 136D.87; 169.441,
subdivision 2; 169.442, subdivisions 2 and 3; 169.445,
subdivision 3; 169.447, subdivision 3; 169.45;
Minnesota Statutes 1993 Supplement, sections 121.935,
subdivision 5; 123.80; 124.2727, subdivisions 6, 7,
and 8; Laws 1992, chapter 499, article 6, section 39,
subdivision 3; Laws 1993, chapter 224, article 1,
section 37; 8, section 14; Minnesota Rules, parts
3520.3600; 3520.3700; 8700.6410; 8700.9000; 8700.9010;
8700.9020; and 8700.9030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION REVENUE
Section 1. Minnesota Statutes 1993 Supplement, section
16A.152, subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] If on the basis
of a forecast of general fund revenues and expenditures the
commissioner of finance determines that there will be a positive
unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of finance must allocate money to the
budget reserve and cash flow account until the total amount in
the account equals five percent of total general fund
appropriations for the current biennium as established by the
most recent legislative session. Beginning July 1, 1993,
forecast unrestricted budgetary general fund balances are first
appropriated to restore the budget reserve and cash flow account
to $500,000,000 and then to reduce the property tax levy
recognition percent under section 121.904, subdivision 4a, to
zero before money is allocated to the budget reserve and cash
flow account under the preceding sentence. $180,000,000 of the
budget reserve and cash flow account shall be dedicated to
elementary and secondary education.
The amounts necessary to meet the requirements of this
section are appropriated from the general fund.
Sec. 2. Minnesota Statutes 1993 Supplement, 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 section 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 37.4
percent for fiscal year 1994 and thereafter 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 37.4 percent for fiscal year 1994 and thereafter
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;
(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;
(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. 3. Minnesota Statutes 1993 Supplement, section
121.904, subdivision 4c, is amended to read:
Subd. 4c. [PROPERTY TAX SHIFT REDUCTION.] (a) Money made
available appropriated under section 16A.152, subdivision 2,
must be used to reduce the levy recognition percent specified in
subdivision 4a, clauses (b)(2) and (b)(3), for taxes payable in
the succeeding calendar year.
(b) The levy recognition percent shall equal the result of
the following computation: the current levy recognition
percent, times the ratio of
(1) the statewide total amount of levy recognized in June
of the year in which the taxes are payable pursuant to
subdivision 4a, clause (b), excluding those levies that are
shifted for revenue recognition but are not included in the
computation of the adjustment to aids under section 124.155,
subdivision 1, reduced by the difference between the amount of
money made available appropriated under section 16A.152,
subdivision 2, and the amount required for the adjustment
payment under clause (d), to
(2) the statewide total amount of the levy recognized in
June of the year in which the taxes are payable pursuant to
subdivision 4a, clause (b), excluding those levies that are
shifted for revenue recognition but are not included in the
computation of the adjustment to aids under section 124.155,
subdivision 1.
The result shall be rounded up to the nearest whole
one-tenth of a percent. However, in no case shall the levy
recognition percent be reduced below zero or increased above the
current levy recognition percent.
(c) The commissioner of finance must certify to the
commissioner of education the levy recognition percent computed
under this subdivision by January 5 of each year. The
commissioner of education must notify school districts of a
change in the levy recognition percent by January 15.
(d) For fiscal years 1994 and 1995, when the levy
recognition percent is reduced as provided in this subdivision,
a special adjustment payment shall be made to each school
district with an operating referendum levy that received an aid
reduction under Laws 1991, chapter 265, article 1, section 31,
or Laws 1992, chapter 499, article 1, section 22. The special
adjustment payment shall be in addition to the additional
payments required because of the reduction pursuant to this
subdivision of the levy recognition percent. The amount of the
special adjustment payment shall be computed by the commissioner
of education such that any remaining portion of the aid
reduction these districts received that has not been repaid is
repaid on a proportionate basis as the levy recognition percent
is reduced from 50 percent to 31 percent. The special
adjustment payment must be included in the state aid payments to
school districts according to the schedule specified in section
124.195, subdivision 3. An additional adjustment shall be made
on June 30, 1995, for the final payment otherwise due July 1,
1995, under Minnesota Statutes 1992, section 136C.36.
(e) The commissioner of finance shall transfer from the
general fund to the education aids appropriations specified by
the commissioner of education, the amounts needed to finance the
additional payments required because of the reduction pursuant
to this subdivision of the levy recognition percent. Payments
to a school district of additional state aids resulting from a
reduction in the levy recognition percent must be included in
the cash metering of payments made according to section 124.195
after January 15, and must be paid in a manner consistent with
the percent specified in that section.
Sec. 4. Minnesota Statutes 1992, section 121.904,
subdivision 4e, is amended to read:
Subd. 4e. [COOPERATION LEVY RECOGNITION.] (a) A
cooperative district is a district or cooperative that receives
revenue according to section 124.2721 or 124.575.
(b) In June of each year, the cooperative district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2, that are for the fiscal year
payable in that fiscal year plus an amount equal to the levy
recognized as revenue in June of the prior year; or
(2) 50.0 37.4 percent for fiscal year 1994 of the
difference between
(i) the sum of the amount of levies certified in the prior
year according to sections 124.2721, subdivision 3, and 124.575,
subdivision 3; and
(ii) the amount of homestead and agricultural credit aid
paid to the cooperative unit according to section 273.1392 for
the fiscal year to which the levy is attributable.
Sec. 5. Minnesota Statutes 1993 Supplement, 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) secondary vocational cooperative aid according to
section 124.575 school district cooperation aid authorized in
section 124.2727;
(12) assurance of mastery aid according to section 124.311;
(13) individual learning and development aid according to
section 124.331;
(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;
(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;
(16) homestead and agricultural credit aid and, disparity
reduction credit and aid authorized in, and changes to credits
for prior year adjustments according to section
273.1398, subdivision subdivisions 2, 3, 4, and 7;
(17) (14) attached machinery aid authorized in section
273.138, subdivision 3; and
(18) (15) 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. 6. Minnesota Statutes 1993 Supplement, section
124.17, subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each resident
pupil in average daily membership shall be counted according to
this subdivision.
(a) A 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 .515 of a pupil unit for fiscal year
1994 and .53 of a pupil unit for fiscal year 1995 and thereafter.
(f) A pupil who is in any of grades 1 to 6 is counted as
1.03 pupil units for fiscal year 1994 and 1.06 pupil units 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.
(h) A pupil who is in the post-secondary enrollment options
program is counted as 1.3 pupil units.
Sec. 7. Minnesota Statutes 1992, section 124.195,
subdivision 3, is amended to read:
Subd. 3. [PAYMENT DATES AND PERCENTAGES.] The commissioner
of education shall pay to a school district on the dates
indicated an amount computed as follows: the cumulative amount
guaranteed minus the sum of (a) the district's other district
receipts through the current payment, and (b) the aid and credit
payments through the immediately preceding payment. For
purposes of this computation, the payment dates and the
cumulative disbursement percentages are as follows:
Payment date Percentage
Payment 1 July 15: 2.25
Payment 2 July 30: 4.50
Payment 3 August 15: 6.75
the greater of (a) the final adjustment for the prior fiscal year
for the state paid property tax credits established in section
273.1392, or (b) the amount needed to provide 6.75 percent
Payment 4 August 30: 9.0
Payment 5 September 15: the greater of (a) one-half of the
final adjustment for the prior fiscal year
for the state paid property tax credits
established in section 273.1392, or (b) the
amount needed to provide 12.75 percent
12.75
Payment 6 September 30: the greater of (a) one-half of
the final adjustment for the prior fiscal
year for the state paid property tax credits
established in section 273.1392, or (b) the
amount needed to provide 16.5 percent
16.50
Payment 7 October 15: the greater of (a) one-half of
the final adjustment for the prior fiscal year
for all aid entitlements except state paid
property tax credits, or (b) the amount needed to
provide 20.75 percent
Payment 8 October 30: the greater of (a) one-half of the
final adjustment for the prior fiscal year for all
aid entitlements except state paid property
tax credits, or (b) the amount needed
to provide 25.0 percent
Payment 9 November 15: 31.0
Payment 10 November 30: 37.0
Payment 11 December 15: 40.0
Payment 12 December 30: 43.0
Payment 13 January 15: 47.25
Payment 14 January 30: 51.5
Payment 15 February 15: 56.0
Payment 16 February 28: 60.5
Payment 17 March 15: 65.25
Payment 18 March 30: 70.0
Payment 19 April 15: 73.0
Payment 20 April 30: 79.0
Payment 21 May 15: 82.0
Payment 22 May 30: 90.0
Payment 23 June 20: 100.0
Sec. 8. Minnesota Statutes 1992, section 124.195,
subdivision 3a, is amended to read:
Subd. 3a. [APPEAL.] The commissioner in consultation with
the commissioner of finance may revise the payment dates and
percentages in subdivision 3 for a district if it is determined
that there is an emergency or there are serious cash flow
problems in the district that cannot be resolved by issuing
warrants or other forms of indebtedness or if the commissioner
determines that excessive short-term borrowing costs will be
incurred by a district, because of the increase in the levy
recognition percentage from 37 percent to 50 percent according
to section 121.904, subdivisions 4a and 4e, and the district can
document substantial harm to instructional programs due to these
costs. The commissioner shall establish a process and criteria
for school districts to appeal the payment dates and percentages
established in subdivision 3.
Sec. 9. Minnesota Statutes 1992, section 124.195, is
amended by adding a subdivision to read:
Subd. 3b. [CASH FLOW ADJUSTMENT.] During each year in
which the cash flow low points for August, September, and
October estimated by the commissioner of finance for invested
treasurer's cash exceeds $360,000,000, the commissioner of
education shall increase the cumulative disbursement percentages
established in subdivision 3 to the following amounts
Payment 3 August 15: 12.75 percent
Payment 4 August 30: 15.00 percent
Payment 5 September 15: 17.25 percent
Payment 6 September 30: 19.50 percent
Payment 7 October 15: 21.75 percent
Sec. 10. Minnesota Statutes 1992, section 124.195,
subdivision 6, is amended to read:
Subd. 6. [FINAL ADJUSTMENT PAYMENT.] For all aids and
credits paid according to subdivision 10, the final adjustment
payment shall include the amounts necessary to pay the
district's full aid entitlement for the prior year based on
actual data. This payment shall be used to correct all
estimates used for the payment schedule in subdivision 3. The
payment shall be made in two installments, during September or
October, as specified in subdivision 3. In the event actual
data are not available, the final adjustment payment may be
computed based on estimated data. A corrected final adjustment
payment shall be made when actual data are available.
Sec. 11. Minnesota Statutes 1992, section 124.2725,
subdivision 16, is amended to read:
Subd. 16. [EXCLUSION FROM FUND BALANCE.] Revenue received
by a district under this section for each year of cooperation
and the first three years of combination shall be excluded from
the net unreserved operating fund balance, for the purposes
of section sections 124A.03, subdivision 3b, paragraph (c), and
124A.26.
Sec. 12. Minnesota Statutes 1993 Supplement, 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, $26,000,000 in fiscal year 1995, and
$31,600,000 in fiscal year 1996 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) 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. 13. Minnesota Statutes 1992, section 124A.02, is
amended by adding a subdivision to read:
Subd. 3b. [REFERENDUM MARKET VALUE.] "Referendum market
value" means the market value of all taxable property, except
that any class of property, or any portion of a class of
property, with a class rate of less than one percent under
section 273.13 shall have a referendum market value equal to its
net tax capacity multiplied by 100.
Sec. 14. Minnesota Statutes 1992, section 124A.02, is
amended by adding a subdivision to read:
Subd. 25. [NET UNAPPROPRIATED OPERATING FUND
BALANCE.] "Net unappropriated operating fund balance" means the
sum of the fund balances in the general, transportation, food
service, and community service funds minus the balances reserved
for statutory operating debt reduction, bus purchase, severance
pay, taconite, unemployment compensation, maintenance levy
reduction, and encumbrances, computed as of June 30 each year.
Sec. 15. Minnesota Statutes 1993 Supplement, 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, 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, 1993. The
department shall convert a district's revenue for fiscal year
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 1994 by the district's 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
June 30, 1997, unless it is scheduled to expire sooner and the
question on the referendum ballot did not provide for an
expiration date, the authority shall expire according to section
124A.0311.
Sec. 16. Minnesota Statutes 1993 Supplement, 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
1994; or
(2) 25 percent of the formula allowance for fiscal year
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. 17. Minnesota Statutes 1993 Supplement, section
124A.03, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM REVENUE.] (a) The revenue authorized
by section 124A.22, subdivision 1, may be increased in the
amount approved by the voters of the district at a referendum
called for the purpose. The referendum may be called by the
school board or shall be called by the school board upon written
petition of qualified voters of the district. The referendum
shall be conducted during the calendar year before the increased
levy authority, if approved, first becomes payable. Only one
election to approve an increase may be held in a calendar year.
Unless the referendum is conducted by mail under paragraph (g),
the referendum must be held on the first Tuesday after the first
Monday in November. The ballot shall state the maximum amount
of the increased revenue per actual pupil unit, the estimated
referendum tax rate as a percentage of market value in the first
year it is to be levied, and that the revenue shall be used to
finance school operations. The ballot may state that existing
referendum levy authority is expiring. In this case, the ballot
may also compare the proposed levy authority to the existing
expiring levy authority, and express the proposed increase as
the amount, if any, over the expiring referendum levy
authority. The ballot shall designate the specific number of
years, not to exceed five ten, for which the referendum
authorization shall apply. The ballot may contain a textual
portion with the information required in this subdivision and a
question stating substantially the following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
actual pupil unit times the actual pupil units for the school
year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved,
if applicable, or until revoked or reduced by the voters of the
district at a subsequent referendum.
(b) The school board shall prepare and deliver by first
class mail at least 15 days but no more than 30 days prior to
the day of the referendum to each taxpayer a notice of the
referendum and the proposed revenue increase. The school board
need not mail more than one notice to any taxpayer. For the
purpose of giving mailed notice under this subdivision, owners
shall be those shown to be owners on the records of the county
auditor or, in any county where tax statements are mailed by the
county treasurer, on the records of the county treasurer. Every
property owner whose name does not appear on the records of the
county auditor or the county treasurer shall be deemed to have
waived this mailed notice unless the owner has requested in
writing that the county auditor or county treasurer, as the case
may be, include the name on the records for this purpose. The
notice must project the anticipated amount of tax increase in
annual dollars and annual percentage for typical residential
homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount
of increase over the existing referendum levy, if any, in annual
dollars and annual percentage for typical residential
homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district.
The notice must include the following statement: "Passage
of this referendum will result in an increase in your property
taxes."
(c) A referendum on the question of revoking or reducing
the increased revenue amount authorized pursuant to paragraph
(a) may be called by the school board and shall be called by the
school board upon the written petition of qualified voters of
the district. A referendum to revoke or reduce the levy amount
must be based upon the dollar amount, local tax rate, or amount
per actual pupil unit, that was stated to be the basis for the
initial authorization. Revenue approved by the voters of the
district pursuant to paragraph (a) must be received at least
once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only one revocation or
reduction referendum may be held to revoke or reduce referendum
revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) shall be
effective if signed by a number of qualified voters in excess of
15 percent of the registered voters of the school district on
the day the petition is filed with the school board. A
referendum invoked by petition shall be held on the date
specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum authorized by this
subdivision.
(f) At least 15 days prior to the day of the referendum,
the district shall submit a copy of the notice required under
paragraph (b) to the commissioner of education. Within 15 days
after the results of the referendum have been certified by the
school board, or in the case of a recount, the certification of
the results of the recount by the canvassing board, the district
shall notify the commissioner of education of the results of the
referendum.
(g) Any referendum under this section held on a day other
than the first Tuesday after the first Monday in November must
be conducted by mail in accordance with section 204B.46.
Notwithstanding paragraph (b) to the contrary, in the case of a
referendum conducted by mail under this paragraph, the notice
required by paragraph (b) shall be prepared and delivered by
first class mail at least 20 days before the referendum.
Sec. 18. Minnesota Statutes 1992, section 124A.03,
subdivision 2a, is amended to read:
Subd. 2a. [SCHOOL REFERENDUM LEVY; MARKET VALUE.]
Notwithstanding the provisions of subdivision 2, a school
referendum levy approved after November 1, 1992, for taxes
payable in 1993 and thereafter, shall be levied against the
referendum market value of all taxable property as defined in
section 124A.02, subdivision 3b. Any referendum levy amount
subject to the requirements of this subdivision shall be
certified separately to the county auditor under section 275.07.
All other provisions of subdivision 2 that do not conflict
with this subdivision shall apply to referendum levies under
this subdivision.
Sec. 19. Minnesota Statutes 1993 Supplement, section
124A.03, subdivision 3b, is amended 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), and (d).
(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 formula allowance 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.
(d) Notwithstanding paragraph (a), (b), or (c), the
referendum revenue reduction for a newly reorganized district is
computed as follows:
(1) for a newly reorganized district created effective July
1, 1994, the referendum revenue reduction equals the lesser of
the amount calculated for the combined district under paragraph
(a), (b), or (c), or the sum of the amounts by which each of the
reorganizing district's supplemental revenue reduction exceeds
its respective supplemental revenue allowances calculated for
the districts as if they were still in existence for fiscal year
1995; or
(2) for a newly reorganized district created after July 1,
1994, the referendum revenue reduction equals the lesser of the
amount calculated for the combined district under paragraph (a),
(b), or (c), or the sum of the amounts by which each of the
reorganizing district's supplemental revenue reduction exceeds
its respective supplemental revenue allowances calculated for
the year preceding the year of reorganization.
Sec. 20. [124A.0311] [REFERENDUM AUTHORITY.]
Subdivision 1. [EXPIRATION.] Unless scheduled to expire
sooner, a referendum levy authorized under section 124A.03
expires July 1, 2000. This subdivision does not apply to a
referendum levy that is authorized for ten or fewer years and
that is levied against the referendum market value of all
taxable property located within the school district.
Subd. 2. [CONVERSION TO MARKET VALUE.] (a) Prior to June
1, 1997, by June 1 of each year, a school board may, by
resolution of a majority of its board, convert any remaining
portion of its referendum authority under section 124A.03,
subdivision 2, that is authorized to be levied against net tax
capacity to referendum authority that is authorized to be levied
against the referendum market value of all taxable property
located within the school district. At the option of the school
board, any remaining portion of its referendum authority may be
converted in two or more parts at separate times. The board
must notify the commissioner of education of the amount of
referendum authority that has been converted from net tax
capacity to referendum market value, if any, by June 15, of each
year. The maximum length of a referendum converted under this
paragraph is ten years.
(b) For referendum levy amounts converted between June 1,
1997, and June 1, 1998, all other conditions of this subdivision
apply except that the maximum length of the referendum is
limited to seven years.
(c) For referendum levy amounts converted between June 1,
1998, and June 1, 1999, all other conditions of this subdivision
apply except that the maximum length of the referendum is
limited to six years.
(d) For referendum levy amounts converted between June 1,
1999, and June 1, 2000, all other conditions of this subdivision
apply except that the maximum length of the referendum is
limited to five years.
Subd. 3. [ALTERNATIVE CONVERSION.] A school district that
has a referendum that is levied against net tax capacity that
expires before taxes payable in 1998 may convert its referendum
authority according to this subdivision. In the payable year
prior to the year of expiration, the school board may authorize
a referendum under section 124A.03. Notwithstanding any other
law to the contrary, the district may propose, and if approved
by its electors, have its referendum authority reauthorized in
part on tax capacity and in part on market value according to a
schedule adopted by resolution of the school board for years
prior to taxes payable in 2001, provided that, for taxes payable
in 2001 and later, the full amount of referendum authority is
levied against market value. If the full amount of the
referendum is reauthorized on market value prior to taxes
payable in 1998, the referendum may extend for 10 years. If the
referendum becomes fully reauthorized on market value for a
later year, the referendum shall not extend for more than the
maximum number of years allowed under subdivision 2.
Subd. 4. [REFERENDUM.] The school board must prepare and
publish in the official legal newspaper of the school district a
notice of the public meeting on the district's intent to convert
any portion of its referendum levy to market value not less than
30 days before the scheduled date of the meeting. The
resolution converting a portion of the district's referendum
levy to referendum market value becomes final unless within 30
days after the meeting where the resolution was adopted a
petition requesting an election signed by a number of people
residing in the district equal to 15 percent of the number of
people who voted in the last general election in the school
district is filed with the recording officer. If a petition is
filed, then the school board resolution has no effect and the
amount of referendum revenue authority specified in the
resolution cancels for taxes payable in the following year and
thereafter. The school board shall schedule a referendum under
section 124A.03, subdivision 2.
Sec. 21. Minnesota Statutes 1992, section 124A.22,
subdivision 2a, is amended to read:
Subd. 2a. [CONTRACT DEADLINE AND PENALTY.] (a) The
following definitions apply to this subdivision:
(1) "Public employer" means:
(i) a school district; and
(ii) a public employer, as defined by section 179A.03,
subdivision 15, other than a school district that (i) negotiates
a contract under chapter 179A with teachers, and (ii) is
established by, receives state money, or levies under chapters
120 to 129, or 136D, or 268A, or section 136C.411.
(2) "Teacher" means a person, other than a superintendent
or assistant superintendent, principal, assistant principal, or
a supervisor or confidential employee who occupies a position
for which the person must be licensed by the board of teaching,
state board of education, or state board of technical colleges.
(b) Notwithstanding any law to the contrary, a public
employer and the exclusive representative of the teachers shall
both sign a collective bargaining agreement on or before January
15 of an even-numbered calendar year. If a collective
bargaining agreement is not signed by that date, state aid paid
to the public employer for that fiscal year shall be reduced.
However, state aid shall not be reduced if:
(1) a public employer and the exclusive representative of
the teachers have submitted all unresolved contract items to
interest arbitration according to section 179A.16 before
December 31 of an odd-numbered year and filed required final
positions on all unresolved items with the commissioner of
mediation services before January 15 of an even-numbered year;
and
(2) the arbitration panel has issued its decision within 60
days after the date the final positions were filed.
(c)(1) For a district that reorganizes according to section
122.22 or, 122.23, or 122.241 to 122.248 effective July 1 of an
odd-numbered year, state aid shall not be reduced according to
this subdivision if the school board and the exclusive
representative of the teachers both sign a collective bargaining
agreement on or before the March 15 following the effective date
of reorganization. This extension is available only in the
calendar year following the effective date of reorganization.
(2) For a district that jointly negotiates a contract prior
to the effective date of reorganization under section 122.22,
122.23, or 122.241 to 122.248 that, for the first time, includes
teachers in all districts to be reorganized, state aid shall not
be reduced according to this subdivision if the school board and
the exclusive representative of the teachers sign a collective
bargaining agreement on or before the March 15 following the
expiration of the teacher contracts in each district involved in
the joint negotiation.
(3) Only one extension of the contract deadline is
available to a district under this paragraph.
(d) The reduction shall equal $25 times the number of
actual pupil units:
(1) for a school district, that are in the district during
that fiscal year; or
(2) for a public employer other than a school district,
that are in programs provided by the employer during the
preceding fiscal year.
The department of education shall determine the number of
full-time equivalent actual pupil units in the programs. The
department of education shall reduce general education aid; if
general education aid is insufficient or not paid, the
department shall reduce other state aids.
(e) Reductions from aid to school districts and public
employers other than school districts shall be returned to the
general fund.
Sec. 22. Minnesota Statutes 1993 Supplement, 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, and the school is
at least 19 miles from the next nearest school, 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 55 percent of the attendance area plus the
distance in miles, according to the usually traveled routes,
between the high school and the nearest high school. For a
district in which there is located land defined in section
84A.01, 84A.20, or 84A.31, the distance in miles is the sum of:
(1) the square root of one-half of the attendance area; and
(2) the distance from the border of the district to 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. For a building in a district where the nearest
elementary school is at least 65 miles distant, pupils served
shall be used to determine average daily membership.
Sec. 23. Minnesota Statutes 1993 Supplement, 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 1.5 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. 24. Minnesota Statutes 1993 Supplement, section
124A.22, subdivision 8, is amended to read:
Subd. 8. [SUPPLEMENTAL REVENUE.] (a) A district's
supplemental revenue allowance for fiscal year 1994 and later
fiscal years equals the district's supplemental revenue for
fiscal year 1993 divided by the district's 1992-1993 actual
pupil units.
(b) 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.
(d) A school district may cancel its supplemental revenue
by notifying the commissioner of education prior to June 30,
1994. A school district that is reorganizing under section
122.22, 122.23, or 122.241 may cancel its supplemental revenue
by notifying the commissioner of education prior to July 1 of
the year of the reorganization. If a district cancels its
supplemental revenue according to this paragraph, its
supplemental revenue allowance for fiscal year 1993 for purposes
of subdivision 9 and section 124A.03, subdivision 3b, equals
zero.
Sec. 25. Minnesota Statutes 1993 Supplement, section
124A.225, subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] (a) Of a district's general
education revenue an amount equal to the sum of the number of
elementary pupil units pupils in average daily membership
defined in section 124.17, subdivision 1, clause (f) and
one-half of the number of kindergarten pupil units pupils in
average daily membership 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.
(b) For fiscal year 1995, a district must reserve an
additional amount equal to the greater of
(i) $0, or
(ii) $100 minus the sum of the reduction for supplemental
revenue under section 124A.22, subdivision 9, and the reduction
for referendum revenue under section 124A.03, subdivision 3b,
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.
(c) The ratio in paragraph (a) 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.
Sec. 26. Minnesota Statutes 1993 Supplement, 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 $969,800,000 for fiscal year 1994,
$1,044,000,000 for fiscal year 1995 and $1,054,000,000 for
fiscal year 1996 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. 27. Minnesota Statutes 1992, sections 124A.26, is
amended by adding a subdivision to read:
Subd. 5. [ALLOCATION AMONG ACCOUNTS.] The district must
apportion any fund balance reduction under this section among
all reserved and unreserved fund balance accounts included in
the net unappropriated operating fund balance in the proportion
that each account bears to the total.
Sec. 28. Minnesota Statutes 1992, section 124A.28, is
amended by adding a subdivision to read:
Subd. 1a. [BUILDING ALLOCATION.] A district must consider
the concentration of children from low-income families in each
school building in the district when allocating compensatory
revenue.
Sec. 29. Laws 1993, chapter 224, article 1, section 38, is
amended to read:
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 this section and the increase in
equalization under sections 8 and 9. Notwithstanding any law to
the contrary, a district may recognize revenue an additional
amount as the levy certified in the prior calendar year equal to
one-half 37.4 percent for fiscal year 1994 and thereafter of the
levy reduction in the fiscal year the levy is certified and each
year thereafter. No aids shall be reduced as a result of this
recognition.
Sec. 30. Laws 1993, chapter 224, article 15, section 2, is
amended to read:
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.
(c) For the purposes of this section, pursuant to Minnesota
Statutes, section 124.17, subdivision 3, a pupil who is in
grades 1 to 6 is counted as 1.03 pupil units for fiscal year
1993.
Sec. 31. Laws 1993, chapter 224, article 15, section 3, is
amended to read:
Sec. 3. [FISCAL YEAR 1996 AND FISCAL YEAR 1997
APPROPRIATIONS.]
(a) 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.
(b) Of the fiscal year 1997 appropriation limit,
$35,000,000 is reallocated to the fiscal year 1996 appropriation
limit. For fiscal year 1996, the allocations for special
education aid, capital expenditure health and safety aid, and
debt service equalization aid as determined according to
paragraph (a) are increased by $26,500,000, $3,700,000, and
$4,800,000 respectively.
Sec. 32. [EXEMPTION TO CONTRACT DEADLINE; HAYFIELD.]
Notwithstanding Minnesota Statutes, section 124A.22,
subdivision 2a, independent school district No. 203, Hayfield,
is not subject to the contract penalty reduction in general
education revenue for fiscal year 1994.
Sec. 33. [AID ADJUSTMENT.]
Notwithstanding Minnesota Statutes, section 124A.22,
subdivision 2a, paragraph (c), if:
(1) a district's fiscal year 1994 general education aid was
reduced under Minnesota Statutes 1992, section 124A.22,
subdivision 2a;
(2) the district jointly negotiates a contract prior to the
effective date of reorganization under Minnesota Statutes,
sections 122.22, 122.23, or 122.241 to 122.248 that, for the
first time, includes teachers in all districts to be
reorganized; and
(3) the school board and the exclusive representative of
the teachers sign a collective bargaining agreement on or before
May 15, 1994;
the district's general education aid shall be increased in the
amount of the reduction.
Sec. 34. [ADJUSTMENTS.]
Notwithstanding Minnesota Statutes, section 124.14, any
excess appropriations for fiscal year 1993 not otherwise
allocated to special education aid programs, abatement aid, and
adult graduation aid under Minnesota Statutes, sections 124.214,
124.261, 124.273, 124.32, 124.321, 124.322, and 124.574 shall be
allocated to programs under Minnesota Statutes, section 124.261,
124.273, 124.32, 124.321, 124.322, and 124.574. If the excess
that is allocated for fiscal year 1993 to any programs specified
in this section exceeds the deficiencies for that year, these
differences shall remain in those accounts and shall be used to
reduce deficiencies for fiscal year 1995 for programs under
Minnesota Statutes, sections 124.273, 124.32, 124.322, and
124.574. Notwithstanding any law to the contrary, these amounts
shall be reallocated prior to the addition of any other aids
that may be available for that purpose.
Sec. 35. [SUPPLEMENTAL REVENUE REDUCTION.]
For fiscal year 1995 only, if a district's ratio of 1992
adjusted net tax capacity divided by 1994-1995 actual pupil
units to the equalizing factor is less than or equal to .25,
then the difference under Minnesota Statutes, section 124A.22,
subdivision 9, clause (2), is equal to $50 for purposes of
computing the district's supplemental revenue under Minnesota
Statutes, section 124A.22, subdivision 8. For purposes of
computing the referendum allowance reduction under Minnesota
Statutes, section 124A.03, subdivision 3b, the supplemental
revenue reduction shall be computed according to Minnesota
Statutes, section 124A.22, subdivision 9.
Sec. 36. [PEQUOT LAKES; DELAY IN AID REPAYMENT.]
The department of education must allow independent school
district No. 186, Pequot Lakes, to repay over a five-year period
state aid overpayments for fiscal years 1991 and 1992 due to the
property tax revenue recognition shift. Notwithstanding
Minnesota Statutes, section 124.155, subdivision 1, aids for
independent school district No. 186, Pequot Lakes, shall not be
adjusted for fiscal years 1991 and 1992 for pupils transferring
into the district under Minnesota Statutes, section 120.062.
Sec. 37. [LEVY RECOGNITION ADJUSTMENT PAYMENT; TRANSFER OF
FUNDS.]
The commissioner of finance shall transfer from the general
fund to the education aids appropriations specified by the
commissioner of education or the state board defined in section
136C.03 the amounts needed to finance the adjustment to aids
required under Minnesota Statutes, section 124.155, resulting
from the reduction of the levy recognition percent in Minnesota
Statutes, section 121.904, subdivisions 4a and 4e, and the
additional payments required under Minnesota Statutes, section
121.904, subdivision 4c, paragraph (d). This transfer of funds
is required to ensure that the property tax shift reduction for
fiscal year 1994 under Minnesota Statutes, section 16A.152,
subdivision 2, as certified by the commissioner of finance
according to Minnesota Statutes, section 121.904, subdivision
4c, paragraph (c), is funded for the amount certified.
Sec. 38. [ADDITIONAL GENERAL EDUCATION AID; STAFF
DEVELOPMENT.]
For fiscal year 1995 only, additional basic general
education aid is $17.10 per actual pupil unit. This amount is
added to the basic general education revenue in Minnesota
Statutes, section 124A.22, subdivision 2, only for the purpose
of computing additional basic general education aid. The
additional aid shall not be included in the computation of any
other aid or levy. The additional aid is not subject to the
levy equity provision in Minnesota Statutes, section 124A.24.
The additional general education aid in this section is not
included in the calculation of the general education aid
according to Minnesota Statutes, section 124A.032. This
additional aid is intended to partially cover the increase in
fiscal year 1995 of revenue reserved for staff development
according to Minnesota Statutes, section 124A.29, subdivision 1.
Sec. 39. [SAVINGS CLAUSE.]
(a) On or before July 1, 1999, a municipality, as defined
in Minnesota Statutes, section 469.174, subdivision 6, may by
resolution of its governing body designate an issue of
outstanding or proposed tax increment bonds as protected bonds.
Tax increment bonds which are general obligations and bonds
issued to reimburse a party for costs of a project and interest
thereon may not be designated as protected bonds. For taxes
levied in 1999 and thereafter, the municipality shall levy a tax
on all taxable property within the municipality to pay or secure
the payment of principal and interest on protected bonds. The
tax must be levied in an amount equal to the amount by which the
tax increment available to pay the protected bonds was reduced
as a result of the repeal set forth in section Laws 1992,
chapter 499, article 7, section 31. For purposes of calculating
the amount of the tax increment reduction, the tax rate imposed
in 1998 by the school district in which the tax increment
financing district is located is assumed to apply, except that
the tax rate for the school district under section 469.177,
subdivision 1a, applies if the tax increment financing district
is subject to that provision. The proceeds of the tax levied
under this section shall be treated as tax increment derived
from the tax increment financing district for all purposes under
sections 469.174 to 469.179, provided that the taxes must be
remitted to the municipality for deposit in its general fund to
the extent the taxes are not used to pay or secure payment of
the protected bonds.
(b) For purposes of making estimates prior to July 1, 1999,
of future collections of tax increment, the municipality may
disregard Laws 1992, chapter 499, article 7, section 31.
(c) An amendment or repeal of this section does not
constitute an impairment of any bonds issued before the
effective date of this section.
Sec. 40. [GENERAL EDUCATION AID APPROPRIATION
ADJUSTMENTS.]
The appropriation for general and supplemental education
aid in Laws 1993, chapter 224, article 1, section 41,
subdivision 2, is adjusted by the amounts in paragraphs (a) and
(b).
(a) For fiscal year 1994: $3,667,000
(b) For fiscal year 1995: ($35,204,000)
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 year designated.
Subd. 2. [RICHFIELD LAND PURCHASE COMPENSATION.] For a
grant to independent school district No. 280, Richfield, to
compensate the district for the relocation of pupils due to the
purchase of homes by the metropolitan airports commission:
$500,000 ..... 1995
Subd. 3. [ONE ROOM SCHOOLHOUSE.] For a grant to
independent school district No. 690, Warroad, to open and
operate the Angle Inlet School:
$50,000 ..... 1995
Subd. 4. [ADDITIONAL GENERAL EDUCATION AID; STAFF
DEVELOPMENT.] For general education aid according to section 38:
$15,550,000 ..... 1995
Notwithstanding Minnesota Statutes, section 124.195,
subdivision 10, 100 percent of this appropriation must be paid
in fiscal year 1995.
Sec. 42. [REPEALER.]
Laws 1993, chapter 224, article 1, section 37, is repealed.
Sec. 43. [EFFECTIVE DATE.]
(a) Sections 21; 24; 30; 32; 33; 36; 40; and 41 are
effective the day following final enactment.
(b) Sections 6 and 25 are effective for fiscal year 1994
and thereafter.
(c) Section 18 is effective for taxes payable in 1995 and
later years.
(d) Section 1 is effective July 1, 1995.
(e) Sections 2 to 4; 29; and 37 are effective retroactive
to January 1, 1994, and apply to aid payments for fiscal years
1994 and later. However, the levy recognition percent for taxes
payable in 1994 is set by this article at 37.4 percent, and
shall not be recomputed for taxes payable in 1994 under the
provisions of section 3, paragraph (b).
(f) Sections 11; 19; and 24 are effective for revenue for
the 1994-1995 school year and thereafter.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1992, section 124.223,
subdivision 1, is amended to read:
Subdivision 1. [TO AND FROM SCHOOL; BETWEEN SCHOOLS.] (a)
State transportation aid is authorized for transportation or
board of resident elementary pupils who reside one mile or more
from the public schools which they could attend; transportation
or board of resident secondary pupils who reside two miles or
more from the public schools which they could attend;
transportation to and from schools the resident pupils attend
according to a program approved by the commissioner of
education, or between the schools the resident pupils attend for
instructional classes; transportation of resident elementary
pupils who reside one mile or more from a nonpublic school
actually attended; transportation of resident secondary pupils
who reside two miles or more from a nonpublic school actually
attended; but with respect to transportation of pupils to
nonpublic schools actually attended, only to the extent
permitted by sections 123.76 to 123.79; transportation of
resident pupils to and from language immersion programs;
transportation of a pupil who is a custodial parent and that
pupil's child between the pupil's home and the child care
provider and between the provider and the school, if the home
and provider are within the attendance area of the school.
State transportation aid is not authorized for late
transportation home from school for pupils involved in after
school activities. State transportation aid is not authorized
for summer program transportation except as provided in
subdivision 8.
(b) For the purposes of this subdivision, a district may
designate a licensed day care facility, respite care facility,
the residence of a relative, or the residence of a person chosen
by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or
guardian and if that facility or residence is within the
attendance area of the school the pupil attends.
(c) State transportation aid is authorized for
transportation to and from school of an elementary pupil who
moves during the school year within an area designated by the
district as a mobility zone, but only for the remainder of the
school year. The attendance areas of schools in a mobility zone
must be contiguous. To be in a mobility zone, a school must
meet both of the following requirements:
(1) more than 50 percent of the pupils enrolled in the
school are eligible for free or reduced school lunch; and
(2) the pupil withdrawal rate for the last year is more
than 12 percent.
(d) A pupil withdrawal rate is determined by dividing:
(1) the sum of the number of pupils who withdraw from the
school, during the school year, and the number of pupils
enrolled in the school as a result of transportation provided
under this paragraph, by
(2) the number of pupils enrolled in the school.
(e) The district may establish eligibility requirements for
individual pupils to receive transportation in the mobility zone.
Sec. 2. Minnesota Statutes 1993 Supplement, section
124.225, subdivision 7e, is amended to read:
Subd. 7e. [EXCESS NONREGULAR TRANSPORTATION REVENUE.] A
district's excess nonregular transportation revenue for
1992-1993 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 the
nonregular transportation inflation factor for the current year,
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.
Sec. 3. Minnesota Statutes 1993 Supplement, section
124.226, subdivision 3a, is amended 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. 4. Minnesota Statutes 1993 Supplement, 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 sum of the district's regular
transportation revenue and the district's nonregular
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 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) 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.
Sec. 5. Minnesota Statutes 1992, section 260.181,
subdivision 2, is amended to read:
Subd. 2. [CONSIDERATION OF REPORTS.] Before making a
disposition in a case, or terminating parental rights, or
appointing a guardian for a child the court may consider any
report or recommendation made by the county welfare board,
probation officer, licensed child placing agency, foster parent,
guardian ad litem, tribal representative, or other authorized
advocate for the child or child's family, a school district
concerning the effect on student transportation of placing a
child in a school district in which the child is not a resident,
or any other information deemed material by the court.
Sec. 6. Laws 1993, chapter 224, article 2, section 15,
subdivision 2, as amended by Laws 1993, chapter 374, section 5,
is amended to read:
Subd. 2. [TRANSPORTATION AID.] For transportation aid
according to Minnesota Statutes, section 124.225:
$127,889,000 $127,955,000 ..... 1994
$141,658,000 $143,406,000 ..... 1995
The 1994 appropriation includes $18,327,000 for 1993 and
$109,562,000 $109,628,000 for 1994.
The 1995 appropriation includes $19,334,000 $19,345,000 for
1994 and $122,324,000 $124,061,000 for 1995.
Sec. 7. [STAPLES TRANSPORTATION FUNDING.]
Notwithstanding Minnesota Statutes, section 124.225, or any
other law to the contrary, for fiscal year 1994, transportation
aid paid to independent school district No. 793, Staples, for
residents of independent school district No. 483, Motley,
transported under Minnesota Statutes, section 120.062,
subdivision 9, shall be computed using the regular
transportation allowance determined according to Minnesota
Statutes, section 124.225, for independent school district No.
483, Motley.
Sec. 8. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years indicated.
Subd. 2. [METRO DEAF SCHOOL AID.] For transportation aid
to independent school district No. 4005, Metro Deaf School:
$21,000 ....... 1994
$68,000 ....... 1995
Notwithstanding Minnesota Statutes, sections 120.064 and
124.248, or other law, the state shall pay transportation aid
for fiscal years 1994 and 1995 to independent school district
No. 4005, Metro Deaf School. The state aid for each fiscal year
equals the district's actual cost for providing transportation
services approved by the commissioner of education.
Sec. 9. [EFFECTIVE DATE.]
Sections 6 to 8 are effective the day following final
enactment.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1992, section 13.04, is
amended by adding a subdivision to read:
Subd. 5. [EDUCATION RECORDS; CHILD WITH A DISABILITY.]
Nothing in this chapter shall be construed as limiting the
frequency of inspection of the educational records of a child
with a disability by the child's parent or guardian or by the
child upon the child reaching the age of majority. An agency or
institution may not charge a fee to search for or to retrieve
the educational records. An agency or institution that receives
a request for copies of the educational records of a child with
a disability may charge a fee that reflects the costs of
reproducing the records except when to do so would impair the
ability of the child's parent or guardian, or the child who has
reached the age of majority, to exercise their right to inspect
and review those records.
Sec. 2. Minnesota Statutes 1992, section 120.17,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL INSTRUCTION FOR CHILDREN WITH A
DISABILITY.] Every district shall provide special instruction
and services, either within the district or in another district,
for children with a disability who are residents of the district
and who are disabled as set forth in section
120.03. Notwithstanding any age limits in laws to the contrary,
special instruction and services must be provided from birth
until September 1 after the child with a disability becomes 21
22 years old but shall not extend beyond secondary school or its
equivalent, except as provided in section 126.22, subdivision
2. Local health, education, and social service agencies shall
refer children under age five who are known to need or suspected
of needing special instruction and services to the school
district. Districts with less than the minimum number of
eligible children with a disability as determined by the state
board shall cooperate with other districts to maintain a full
range of programs for education and services for children with a
disability. This subdivision does not alter the compulsory
attendance requirements of section 120.101.
Sec. 3. Minnesota Statutes 1993 Supplement, section
120.17, subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] (a) 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.
(b) The state's regulatory scheme should support schools by
assuring that all state special education rules adopted by the
state board of education result in one or more of the following
outcomes:
(1) increased time available to teachers for educating
students through direct and indirect instruction;
(2) consistent and uniform access to effective education
programs for students with disabilities throughout the state;
(3) reduced inequalities, conflict, and court actions
related to the delivery of special education instruction and
services for students with disabilities;
(4) clear expectations for service providers and for
students with disabilities;
(5) increased accountability for all individuals and
agencies that provide instruction and other services to students
with disabilities;
(6) greater focus for the state and local resources
dedicated to educating students with disabilities; and
(7) clearer standards for evaluating the effectiveness of
education and support services for students with disabilities.
Sec. 4. Minnesota Statutes 1993 Supplement, section
120.17, subdivision 11a, is amended to read:
Subd. 11a. [STATE INTERAGENCY COORDINATING COUNCIL.] An
interagency coordinating council of at least 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, 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.
Notwithstanding any other law to the contrary, the state
interagency coordinating council shall expire on June 30, 1997.
Sec. 5. Minnesota Statutes 1993 Supplement, section
120.17, subdivision 11b, is amended to read:
Subd. 11b. [RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.] (a) It is the joint responsibility of county boards and
school 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.
(b) Appropriate services include family education and
counseling, home visits, occupational and physical therapy,
speech pathology, audiology, psychological services, special
instruction, nursing, respite, nutrition, assistive technology,
transportation and related costs, social work, vision services,
case management including service coordination under subdivision
8, 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.
(c) School and county boards shall coordinate early
intervention services. In the absence of agreements established
according to subdivision 13, service responsibilities for
children birth through age two are as follows:
(1) school boards are required to provide, pay for, and
facilitate payment for special education and related services
required under section 120.17, subdivision 2;
(2) county boards are required to provide, pay for, and
facilitate payment for noneducational services of social work,
psychology, transportation and related costs, nursing, respite,
and nutrition services not required under clause (1).
(d) School and county boards may develop an interagency
agreement according to subdivision 13 to establish agency
responsibility that assures that early intervention services are
coordinated, provided, paid for, and that payment is facilitated
from public and private sources.
(e) County and school boards shall jointly determine the
primary agency in this cooperative effort and must notify the
commissioner of education the state lead agency of their
decision.
Sec. 6. Minnesota Statutes 1993 Supplement, section
120.17, subdivision 12, is amended to read:
Subd. 12. [INTERAGENCY EARLY INTERVENTION 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 disabilities under age
five and their families. Committees shall 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 12; current service
providers; 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 develop and implement interagency
policies and procedures concerning the following ongoing duties:
(1) 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;
(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 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;
(5) implement a process for assuring that services involve
cooperating agencies at all steps leading to individualized
programs;
(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); and
(9) develop a policy that is consistent with section 13.05,
subdivision 9, and federal law to enable a member of an
interagency early intervention committee to allow another member
access to data classified as not public.
(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 the state lead
agency 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
must provide assistance to the local agencies in developing
cooperative plans for providing services.
Sec. 7. Minnesota Statutes 1993 Supplement, section
120.17, subdivision 17, is amended 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) an annual summary to the state interagency
coordinating council regarding conflict resolution activities
including disputes, due process hearings, and complaints; and
(14) 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. 8. Minnesota Statutes 1992, section 120.17, is
amended by adding a subdivision to read:
Subd. 18. [AGENCY ACCESS TO NONPUBLIC DATA.] The
commissioner of administration shall prepare a form and
disseminate guidelines for state agencies, political
subdivisions, and other responsible authorities to use to enable
a responsible authority to allow another responsible authority
access to data about a child with a disability that is
classified as not public. The form and guidelines must be
consistent with section 13.05, subdivision 9, and federal law,
and are not subject to the rule making requirements under
chapter 14.
Sec. 9. [120.1701] [INTERAGENCY EARLY CHILDHOOD
INTERVENTION SYSTEM.]
Subdivision 1. [PURPOSE.] It is the policy of the state to
develop and implement comprehensive, coordinated,
multidisciplinary interagency programs of early intervention
services for children with disabilities and their families.
Subd. 2. [DEFINITIONS.] For the purposes of this section
the following terms have the meaning given them.
(a) "Coordinate" means to provide ready access to a
community's services and resources to meet child and family
needs.
(b) "Core early intervention services" means services that
are available at no cost to children and families. These
services include:
(1) identification and referral;
(2) screening;
(3) evaluation;
(4) assessment;
(5) service coordination;
(6) special education and related services provided under
section 120.17, subdivision 3a, and United States Code, title
20, section 1401; and
(7) protection of parent and child rights by means of
procedural safeguards.
(c) "County board" means a county board established under
chapter 375.
(d) "Early intervention record" means any personally
identifiable information about a child or the child's family
that is generated by the early intervention system, and that
pertains to evaluation and assessment, development of an
individualized family service plan, and the delivery of early
intervention services.
(e) "Early intervention services" means services provided
in conformity with an individualized family service plan that
are designed to meet the special developmental needs of a child
eligible under Code of Federal Regulations, title 34, part 303,
and the needs of the child's family related to enhancing the
child's development and that are selected in collaboration with
the parent. These services include core early intervention
services and additional early intervention services listed in
subdivision 4 and services defined in Code of Federal
Regulations, title 34, section 303, et seq.
(f) "Early intervention system" means the total effort in
the state to meet the needs of eligible children and their
families, including, but not limited to:
(1) any public agency in the state that receives funds
under the Individuals with Disabilities Education Act, United
States Code, title 20, sections 1471 to 1485 (Part H, Public Law
Number 102-119);
(2) other state and local agencies administering programs
involved in the provision of early intervention services,
including, but not limited to:
(i) the Maternal and Child Health program under Title V of
the Social Security Act, United State Code, title 42, sections
701 to 709;
(ii) the Individuals with Disabilities Education Act,
United State Code, title 20, sections 1411 to 1420 (Part B);
(iii) medical assistance under the Social Security Act,
United State Code, title 42, section 1396 et seq.;
(iv) the Developmental Disabilities Assistance and Bill of
Rights Act, United States Code, title 42, sections 6021 to 6030
(Part B); and
(v) the Head Start Act, United States Code, title 42,
sections 9831 to 9852; and
(3) services provided by private groups or third-party
payers in conformity with an individualized family service plan.
(g) "Eligibility for Part H" means eligibility for early
childhood special education under section 120.03 and Minnesota
Rules, part 3525.2335, subpart 1, items A and B.
(h) "Facilitate payment" means helping families access
necessary public or private assistance that provides payment for
services required to meet needs identified in a service plan,
individual education plan (IEP), individual service plan (ISP),
or individualized family service plan (IFSP), according to time
frames required by the plan. This may also include activities
to collect fees for services provided on a sliding fee basis,
where permitted by state law.
(i) "Individualized family service plan" or "IFSP" means a
written plan for providing services to a child and the child's
family.
(j) "Interagency child find systems" means activities
developed on an interagency basis with the involvement of
interagency early intervention committees and other relevant
community groups to actively seek out, identify, and refer
infants and young children with, or at risk of, disabilities,
and their families.
(k) "Local primary agency" means the agency designated
jointly by the school and county board under subdivision 4.
(l) "Parent" means the biological parent with parental
rights, adoptive parent, legal guardian, or surrogate parent.
(m) "Part H state plan" means the annual state plan
application approved by the federal government under the
Individuals with Disabilities Education Act, United States Code,
title 20, section 1471 et seq. (Part H, Public Law Number
102-119).
(n) "Pay for" means using federal, state, local, and
private dollars available for early intervention services.
(o) "Respite" means short term, temporary care provided to
a child with a disability due to the temporary absence or need
for relief of the family member or members or primary care
giver, normally providing the care.
(p) "State lead agency" means the state agency receiving
federal funds under the Individuals with Disabilities Education
Act, United States Code, title 20, section 1471 et seq. (Part H,
Public Law Number 102-119).
(q) "Surrogate parent" means a person appointed by the
local education agency to assure that the rights of the child to
early intervention services are protected.
Subd. 6. [LOCAL PRIMARY AGENCY.] (a) The local primary
agency shall:
(1) facilitate the development of annual fund requests that
identify arrangements with other local and regional agencies
providing services as part of the state's early childhood
intervention system and that result in service availability on a
year-round basis, as necessary;
(2) administer funds received through the annual fund
request;
(3) provide oversight for data collection efforts;
(4) facilitate completion of interagency early intervention
committee duties as indicated in subdivision 5;
(5) request mediation from the state lead agency, if
necessary;
(6) request assistance from the state lead agency when
disputes between agencies cannot be resolved within 20 calendar
days; and
(7) receive written requests from parents for matters that
may be resolved through due process hearings.
(b) When the local primary agency is not an education
agency, resources distributed under the early intervention fund
shall be transferred from a local educational agency to a
noneducation agency using a state provided contract. A local
primary agency may budget for indirect costs at an amount not to
exceed five percent of the amount allocated from the early
intervention fund.
Subd. 7. [INDIVIDUALIZED FAMILY SERVICE PLAN.] (a) A team
must participate in IFSP meetings to develop the individualized
family service plan. The team shall include:
(1) a parent or parents of the child;
(2) other family members, as requested by the parent, if
feasible to do so;
(3) an advocate or person outside of the family, if the
parent requests that the person participate;
(4) the service coordinator who has been working with the
family since the initial referral, or who has been designated by
the public agency to be responsible for implementation of the
IFSP; and
(5) a person or persons involved in conducting evaluation
and assessments.
(b) The IFSP must include:
(1) information about the child's developmental status;
(2) family information, with the consent of the family;
(3) major outcomes expected to be achieved by the child and
the family, that include the criteria, procedures, and time
lines;
(4) specific early intervention services necessary to meet
the unique needs of the child and the family to achieve the
outcomes;
(5) payment arrangements, if any;
(6) medical and other services that the child needs, but
that are not required under the Individual with Disabilities
Education Act, United States Code, title 20, section 1471 et
seq. (Part H, Public Law Number 102-119) including funding
sources to be used in paying for those services and the steps
that will be taken to secure those services through public or
private sources;
(7) dates and duration of early intervention services;
(8) name of the service coordinator;
(9) steps to be taken to support a child's transition from
early intervention services to other appropriate services; and
(10) signature of the parent and authorized signatures of
the agencies responsible for providing, paying for, or
facilitating payment (or any combination of these) for early
intervention services.
Subd. 8. [SERVICE COORDINATION.] (a) The team developing
the individualized family service plan under subdivision 7 shall
select a service coordinator to carry out service coordination
activities on an interagency basis. Service coordination must
actively promote a family's capacity and competency to identify,
obtain, coordinate, monitor, and evaluate resources and services
to meet the family's needs. Service coordination activities
include:
(1) coordinating the performance of evaluations and
assessments;
(2) facilitating and participating in the development,
review, and evaluation of individualized family service plans;
(3) assisting families in identifying available service
providers;
(4) coordinating and monitoring the delivery of available
services;
(5) informing families of the availability of advocacy
services;
(6) coordinating with medical, health, and other service
providers;
(7) facilitating the development of a transition plan at
least six months prior to the time the child is no longer
eligible for early intervention services, if appropriate;
(8) managing the early intervention record and submitting
additional information to the local primary agency at the time
of periodic review and annual evaluations; and
(9) notifying a local primary agency when disputes between
agencies impact service delivery required by an individualized
family service plan.
(b) A service coordinator must be knowledgeable about
children and families receiving services under this section,
requirements of state and federal law, and services available in
the interagency early childhood intervention system.
Subd. 8a. [EARLY INTERVENTION RESPITE.] The provision of
respite services for an eligible child and family shall be
determined in the context of the IFSP development based on the
individual needs of the child and family and with consideration
given to the following criteria:
(1) severity of the child's disability and needs;
(2) potential risk of out-of-home placement for the child
if respite services are not provided;
(3) parental lack of access to informal support systems,
including, but not limited to, extended family, supportive
friends, and community supports;
(4) presence of factors known to increase family stress,
including, but not limited to, family size and presence of
another child or family member with a disability;
(5) the availability of other public services provided to
the family which assist the parent or primary caretaker in
obtaining relief from caretaking responsibilities; and
(6) the perceived and expressed level of need for respite
services by the parent.
Counties are encouraged to make a variety of respite
service models available, which may include in or out-of-home
respite, family reimbursement programs, and parent-to-parent
respite projects.
Subd. 9. [EARLY INTERVENTION FLOW-THROUGH DOLLARS.] (a)
The state lead agency shall administer the early intervention
account which consists of federal allocations. The Part H state
plan shall state the amount of federal resources in the early
intervention account available for use by local agencies. The
state lead agency shall distribute the funds to the local
primary agency based on a December 1 count of the prior year of
Part H eligible children for the following purposes:
(1) as provided in Code of Federal Regulations, title 34,
part 303.425, to arrange for payment for early intervention
services not elsewhere available, or to pay for services during
the pendency of a conflict procedure, including mediation,
complaints, due process hearings, and interagency disputes; and
(2) to support interagency child find system activities.
(b) The priority purpose for this fund is paragraph (a),
clause (1). The local primary agency shall reallocate resources
from the early intervention fund as necessary in order to meet
this priority.
(c) Nothing in this subdivision shall limit the state lead
agency's authority to allocate discretionary federal funds for
any purpose consistent with the Individuals with Disabilities
Education Act, United States Code, title 20, sections 1471 to
1485 (Part H, Public Law Number 102-119) and regulations adopted
under United States Code, title 20, sections 1471 to 1485.
(d) Each county board must continue to spend for early
intervention services under subdivision 2, paragraph (e), an
amount equal to the total county expenditure during the period
from January 1, 1993, to December 31, 1993, for these same
services. The commissioner of human services, in consultation
with the commissioner of health and the association of Minnesota
counties, shall establish a process for determining base year
1993 expenditures.
(e) County boards that have submitted base year 1993
expenditures as required under paragraph (d) are not required to
pay any increased cost over the base year 1993 for early
intervention services resulting from implementing the early
intervention system. Increased costs to county boards may be
paid for with early intervention flow-through dollars.
(f) School boards are not required to pay for services
defined in section 120.17, subdivision 11b, paragraph (c),
clause (2).
Subd. 10. [PAYMENT FOR SERVICES.] Core early intervention
services shall be provided at public expense with no cost to
parents. Parents shall be requested to assist in the cost of
additional early intervention services by using third-party
payment sources and applying for available resources. If a
parent chooses not to access these resources, additional early
intervention services may not be provided. Payment structures
permitted under state law shall be used to pay for additional
early intervention services. Parental financial responsibility
shall be clearly defined in the individualized family service
plan. A parent's inability to pay shall not prohibit a child
from receiving needed early intervention services.
Subd. 11. [PAYOR OF LAST RESORT.] (a) For fiscal years
1995 and 1996, the state lead agency shall establish a reserve
account from federal sources to pay for services in dispute or
to pay for early intervention services when local agencies have
exhausted all other public and private funds available for Part
H eligible children.
(b) The lead agency shall report to the legislature by
January 1, 1996, regarding county board expenditures for early
intervention services and the continuing need and funding of the
reserve account.
Subd. 14. [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.
Subd. 15. [BENEFITS COORDINATION.] The department of
health shall provide technical assistance in a timely manner to
service coordinators, parents of children with disabilities, and
agencies in situations requiring the coordination of health
insurance benefits, or the identification of third-party payor
responsibilities to provide necessary health benefits.
Subd. 16. [PROCEDURAL SAFEGUARDS; PARENT AND CHILD
RIGHTS.] (a) This subdivision applies to local school and county
boards for children from birth through age two who are eligible
for Part H, Public Law Number 102-119, and their families. This
subdivision must be consistent with the Individuals with
Disabilities Education Act, United States Code, title 20,
sections 1471 to 1485 (Part H, Public Law Number 102-119),
regulations adopted under United States Code, title 20, sections
1471 to 1485, and this section.
(b) A parent has the right to:
(1) inspect and review early intervention records;
(2) prior written notice of a proposed action in the
parents' native language unless it is clearly not feasible to do
so;
(3) give consent to any proposed action;
(4) selectively accept or decline any early intervention
service; and
(5) resolve issues regarding the identification,
evaluation, or placement of the child, or the provision of
appropriate early intervention services to the child and the
child's family through an impartial due process hearing pursuant
to subdivision 20.
(c) The eligible child has the right to have a surrogate
parent appointed by a school district as required by section
120.17, subdivision 3.
Subd. 17. [MEDIATION PROCEDURE.] The commissioner of the
state lead agency shall use federal funds to provide mediation
for the activities in paragraphs (a) and (b).
(a) A parent may resolve a dispute regarding issues in
subdivision 16, paragraph (b), clause (5), through mediation.
If the parent chooses mediation, all public agencies involved in
the dispute shall participate in the mediation process. The
parent and the public agencies must complete the mediation
process within 20 calendar days of the date the commissioner
receives a parent's written request for mediation. The
mediation process may not be used to delay a parent's right to a
due process hearing. The resolution of the mediation is not
binding on any party.
(b) The local primary agency may request mediation on
behalf of involved agencies when there are disputes between
agencies regarding responsibilities to coordinate, provide, pay
for, or facilitate payment for early intervention services.
Subd. 18. [COMPLAINT PROCEDURE.] (a) An individual or
organization may file a written signed complaint with the
commissioner of the state lead agency alleging that one or more
requirements of the Code of Federal Regulations, title 34, part
303, is not being met. The complaint must include:
(1) a statement that the state has violated the Individuals
with Disabilities Education Act, United States Code, title 20,
section 1471 et seq. (Part H, Public Law Number 102-119) or Code
of Federal Regulations, title 34, section 303; and
(2) the facts on which the complaint is based.
(b) The commissioner of the state lead agency shall receive
and coordinate with other state agencies the review and
resolution of a complaint within 60 calendar days according to
the state interagency agreement required under subdivision 22.
Subd. 19. [INTERAGENCY DISPUTE PROCEDURE.] (a) A dispute
between a school board and a county board that is responsible
for implementing the provisions of subdivision 4 regarding early
identification, child and family assessment, service
coordination, and IFSP development and implementation shall be
resolved according to this subdivision when the dispute involves
services provided to children and families eligible under the
Individuals with Disabilities Education Act, United States Code,
title 20, section 1471 et seq. (Part H, Public Law Number
102-119).
(b) A dispute occurs when the school board and county board
are unable to agree as to who is responsible to coordinate,
provide, pay for, or facilitate payment for services from public
and private sources.
(c) Written and signed disputes shall be filed with the
local primary agency.
(d) The local primary agency shall have attempted to
resolve the matter with the involved school board and county
board and may request mediation from the commissioner of the
state lead agency for this purpose.
(e) When interagency disputes have not been resolved within
30 calendar days, the local primary agency shall request the
commissioner of the state lead agency to review the matter with
the commissioners of health and human services and make a
decision. The commissioner shall provide a consistent process
for reviewing those procedures. The commissioners' decision is
binding subject to the right of an aggrieved party to appeal to
the state court of appeals.
(f) The local primary agency shall ensure that eligible
children and their families receive early intervention services
during resolution of a dispute. While a local dispute is
pending, the local primary agency shall either assign financial
responsibility to an agency or pay for the service from the
early intervention account under subdivision 9. If in resolving
the dispute, it is determined that the assignment of financial
responsibility was inappropriate, the responsibility for payment
must be reassigned to the appropriate agency and the responsible
agency shall make arrangements for reimbursing any expenditures
incurred by the agency originally assigned financial
responsibility.
Subd. 20. [DUE PROCESS HEARINGS.] By July 1, 1994, the
departments of education, health, and human services shall
develop procedures for hearings.
Subd. 21. [DATA COLLECTION.] By July 1, 1994, the
departments of education, health, and human services shall
develop a plan to collect data about which early intervention
services are being provided to children and families eligible
under the Individuals with Disabilities Education Act, United
States Code, title 20, section 1471 et seq. (Part H, Public Law
Number 102-119) and sources of payment for those services.
Sec. 10. [120.185] [ACCOMMODATING STUDENTS WITH
DISABILITIES.]
A school or school district shall provide a student who is
an "individual with a disability" under Section 504 of the
Rehabilitation Act of 1973, United States Code, title 29,
section 794, or under the Americans with Disabilities Act,
Public Law Number 101-336, with reasonable accommodations or
modifications in programs.
Sec. 11. Minnesota Statutes 1992, section 124.248,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL EDUCATION AID.] Special education aid
shall be paid to an outcome-based school according to section
124.32 as though it were a school district. The school may
charge tuition to the district of residence as provided in
section 120.17, subdivision 4. The district of residence shall
levy as provided in section 275.125, subdivision 8c, as though
it were participating in a cooperative. The outcome-based
school shall allocate its special education levy equalization
revenue to the resident districts of the pupils attending the
outcome-based school as though it were a cooperative, as
provided in section 124.321, subdivision 2, paragraph (a),
clause (1). The districts of residence shall levy as though
they were participating in a cooperative, as provided in section
124.321, subdivision 3.
Sec. 12. Minnesota Statutes 1993 Supplement, 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 aid for a fiscal year equals the
sum of the following amounts for each program lesser of:
(a) the greater of zero, or 75 percent of the difference
between:
(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; 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 $80 times the
district's average daily membership in grades 10 to 12; or
(b) 40 25 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.
(c) Up to ten percent of a district's secondary vocational
aid may be spent on equipment purchases. Districts using
secondary vocational aid for equipment purchases must report to
the department of education on the improved learning
opportunities for students that result from the investment in
equipment.
Sec. 13. Minnesota Statutes 1993 Supplement, section
124.573, subdivision 2e, is amended to read:
Subd. 2e. [ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of subdivision
2b, paragraph (b), and subdivision 2f, paragraph (b), a
cooperative center or an intermediate district shall allocate
its approved expenditures for secondary vocational education
programs among participating school districts. For purposes of
subdivision 2f, paragraph (a), a cooperative center or an
intermediate district shall allocate its secondary vocational
aid for fiscal year 1994 among participating school districts.
For 1995 and later fiscal years, secondary vocational aid for
services provided by a cooperative center or an intermediate
district shall be paid to the participating school district.
Sec. 14. Minnesota Statutes 1992, section 124.573, is
amended by adding a subdivision to read:
Subd. 2f. [AID GUARANTEE.] Notwithstanding subdivision 2b,
the secondary vocational education aid for a school district is
not less than the lesser of:
(a) 95 percent of the secondary vocational education aid
the district received for the previous fiscal year; or
(b) 40 percent of the approved expenditures for secondary
vocational programs included in subdivision 2b, paragraph (b).
Sec. 15. Minnesota Statutes 1993 Supplement, 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
commissioner and operated in accordance with rules promulgated
by the state board. These rules shall provide minimum
student-staff ratios required for a secondary vocational
education program in a cooperative center area to qualify for
this aid. The rules must not require the collection of data at
the program or course level to calculate secondary vocational
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 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. Licensed
personnel means persons holding a valid secondary vocational
license issued by the 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
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. 16. Minnesota Statutes 1992, section 124.90, is
amended by adding a subdivision to read:
Subd. 5. [NO REDUCTION IN REVENUE.] A school district's
revenue for special education programs shall not be reduced by
any payments for medical assistance or insurance received
according to this section.
Sec. 17. [125.1895] [SKILLED SCHOOL INTERPRETERS.]
Subdivision 1. [REQUIREMENTS FOR AMERICAN SIGN
LANGUAGE/ENGLISH INTERPRETERS.] In addition to any other
requirements that a school district establishes, any person
employed to provide American sign language/English interpreting
or sign transliterating services on a full-time or part-time
basis for a school district after July 1, 2000, must:
(1) hold current interpreter and transliterator
certificates awarded by the Registry of Interpreters for the
Deaf (RID), or the general level interpreter proficiency
certificate awarded by the National Association of the Deaf, or
a comparable state certification from the state board of
education; and
(2) satisfactorily complete an interpreter/transliterator
training program affiliated with an accredited educational
institution.
Subd. 2. [ORAL OR CUED SPEECH TRANSLITERATORS.] In
addition to any other requirements that a school district
establishes, any person employed to provide oral transliterating
or cued speech transliterating services on a full-time or
part-time basis for a school district after July 1, 2000, must
hold a current applicable transliterator certificate awarded by
the national certifying association or comparable state
certification from the state board of education.
Subd. 3. [QUALIFIED INTERPRETERS.] The department of
education and the resource center: deaf and hard of hearing
shall work with existing interpreter/transliterator training
programs, other training/educational institutions, and the
regional service centers to ensure that ongoing staff
development training for educational
interpreters/transliterators is provided throughout the state.
Subd. 4. [REIMBURSEMENT.] For purposes of revenue under
sections 124.321 and 124.322, the department of education shall
only reimburse school districts for the services of those
interpreters/transliterators who satisfy the standards of
competency under this section.
Sec. 18. Minnesota Statutes 1992, section 126.02,
subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTION REQUIRED IN PUBLIC SCHOOLS.]
There shall be established and provided in all the public
schools of this state, physical and health education, training,
and instruction of pupils of both sexes. Every pupil attending
any such school, to the extent physically fit and able to do so,
shall participate in the physical training program. Suitable
modified courses shall be provided for pupils physically or
mentally unable or unfit to take the regular courses prescribed
for normal pupils. No pupil shall be required to undergo a
physical or medical examination or treatment if the parent or
legal guardian of the person of such pupil shall in writing
notify the teacher or principal or other person in charge of
such pupil of an objection to such physical or medical
examination or treatment; provided that secondary school pupils
in junior and senior years need not take the course unless
required by the local school board.
Sec. 19. Minnesota Statutes 1992, section 126.51,
subdivision 1, is amended to read:
Subdivision 1. [PARENT COMMITTEE.] School boards and
American Indian schools shall provide for the maximum
involvement of parents of children enrolled in education
programs, including language and culture education programs,
programs for elementary and secondary grades, special education
programs, and support services. Accordingly, the school board
of a school district in which there are ten or more American
Indian children enrolled and each American Indian school shall
establish a parent committee. If a committee whose membership
consists of a majority of parents of American Indian children
has been or is established according to federal, tribal, or
other state law, that committee shall may serve as the committee
required by this section and shall be subject to, at least, the
requirements of this section subdivision and subdivision 1a.
The parent committee shall develop its recommendations in
consultation with the curriculum advisory committee required by
section 126.666, subdivision 2. This committee shall afford
parents the necessary information and the opportunity
effectively to express their views concerning all aspects of
American Indian education and the educational needs of the
American Indian children enrolled in the school or program. The
committee shall also address the need for adult education
programs for American Indian people in the community. The
school board or American Indian school shall ensure that
programs are planned, operated, and evaluated with the
involvement of and in consultation with parents of children
served by the programs.
Sec. 20. Laws 1993, chapter 224, article 3, section 36,
subdivision 2, is amended to read:
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 application must also describe what staff
development activities the applicant will provide to improve and
expand opportunities for students with disabilities in the
regular classroom setting and foster greater integration of
general education and special education instruction and
administration. 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.
Sec. 21. Laws 1993, chapter 224, article 3, section 38,
subdivision 22, is amended to read:
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
$35,000 ..... 1995
This appropriation is available until June 30, 1995.
The 1994 appropriation is available for assisting districts
in greater Minnesota.
The 1995 appropriation is available for all school
districts.
Any unspent portion of the 1994 appropriation is available
in 1995.
Sec. 22. [CERTIFICATION OF SCHOOL INTERPRETERS.]
(a) The state board of education, in consultation with the
state board of teaching, interpreter/transliterator training
programs, the Minnesota resource center: deaf and
hard-of-hearing, the Minnesota registry of interpreters for the
deaf, the Minnesota association of deaf citizens, the Minnesota
commission serving deaf and hard-of-hearing people, and the deaf
and hard-of-hearing services division of the department of human
services, shall develop and adopt a competency-based
certification system for school interpreters and
transliterators. The state board shall adopt by rule the state
certification system by July 1, 1997, effective for interpreters
and transliterators employed after July 1, 2000.
(b) The state board of education shall conduct a study of
the availability of appropriate training for school interpreters
and transliterators throughout the state and the cost to the
state, school districts, and their employees for training and
certification. The state board shall report to the education
committees of the legislature by February 1, 1995.
Sec. 23. [STATE BOARD OF EDUCATION SHALL ADOPT RULES.]
The state board of education shall propose the recommended
rules in the final report of the task force on education for
children with disabilities and Minnesota Rules, part 3525.2925,
subpart 1, as its proposed rules. The statement of need and
reasonableness under Minnesota Statutes, section 14.131, shall
consider the impact of proposed changes on individual student
needs and student access to necessary services. The office of
administrative hearings shall hold a public hearing under
Minnesota Statutes, section 14.14. The board shall adopt new
rules that are effective at the beginning of the 1995-1996
school year. Any future amendments to rules adopted or amended
under this section are covered by Minnesota Statutes, chapter 14.
Sec. 24. [COALITION FOR EDUCATION REFORM AND
ACCOUNTABILITY; SPECIAL EDUCATION REPRESENTATION.]
Notwithstanding Laws 1993, chapter 224, article 1, section
35, subdivision 2, the panel established under Laws 1993,
chapter 224, article 1, section 35, subdivision 3, shall appoint
a representative of special education who is familiar with both
special education services and finance. The additional member
under this subdivision shall be appointed by July 1, 1994. The
coalition shall also consult with the state special education
advisory council in developing its recommendations.
Sec. 25. [REPORTS OF INCIDENTS OF MISBEHAVIOR IN SCHOOLS.]
(a) For the 1994-1995 and 1995-1996 school years, each
school district shall use a standardized form developed by the
commissioner of education to report to the commissioner all
incidents of misbehavior that result in the suspension or
expulsion of students under Minnesota Statutes, sections 127.26
to 127.39. The standardized reporting form, which the
commissioner may coordinate with the reporting form required
under Minnesota Statutes, section 121.207, shall include the
following information:
(1) a description of each incident of misbehavior that
leads to the suspension or expulsion of the student including,
where appropriate, a description of the dangerous weapon as
defined in Minnesota Statutes, section 609.02, subdivision 6,
involved in the incident;
(2) information about the suspended or expelled student,
other than the student's name, including the student's age,
whether the student is a student of color, and the number of
times the student has been suspended or expelled previously and
for what misbehavior;
(3) whether the student has or had an individualized
learning plan (IEP) under Minnesota Statutes, section 120.17,
and, if the student has or had an IEP, whether the misbehavior
resulting in suspension or expulsion was a manifestation of the
student's disabling condition;
(4) the actions taken by school officials to respond to the
incident of misbehavior; and
(5) the duration of the suspension or expulsion.
(b) School districts shall use the standardized form to
transmit the information described in paragraph (a) to the
commissioner biannually by February 1 and July 1, beginning
February 1, 1995, and ending July 1, 1996. The commissioner
shall compile and analyze the data and present to the education
committees of the legislature an interim report by January 1,
1996, and a final report by February 1, 1997.
(c) Based on the data collected, the department shall make
recommendations to the legislature by March 15, 1995, for
changes in the pupil fair dismissal act.
Sec. 26. [TASK FORCE.]
Subdivision 1. [REAUTHORIZATION.] Notwithstanding Laws
1993, chapter 224, article 3, section 41, the task force on
education for children with disabilities shall expire February
15, 1995. The commissioner may appoint new members to fill
vacancies on the task force.
Subd. 2. [STUDY OF STATE BOARD OF EDUCATION RULES.] (a)
The task force shall review and may recommend changes to the
education committees of the legislature in the following
Minnesota Rules, parts 3525.1325, 3525.1327, 3525.1329,
3525.1331, 3525.1333, 3525.1335, 3525.1337, 3525.1339,
3525.1341, 3525.1343, 3525.1345, 3525.2325, and 3525.2340. In
making its recommendations, the task force shall consider the
educational needs of individual students, students' access to
necessary services, maximization of teacher contact time with
students, paperwork requirements, student achievement of
educational outcomes, the integration of special education and
general education instructional practices, and the costs of
instruction and support services.
(b) The task force shall review the case loads and number
of pupils assigned to special education teachers and recommend
to the legislature alternatives to prohibiting state board rules
that establish caseloads or set a maximum number of pupils
assigned to a special education teacher under Minnesota
Statutes, section 120.17, subdivision 3. The task force must
assess the financial impact of its recommendations.
(c) In making its recommendations, the task force shall
consult appropriate experts.
Subd. 3. [PLAN FOR MEETING TECHNOLOGY NEEDS.] The task
force shall develop a plan for meeting the information,
instructional, and assistive technology needs of special
education within the context of the state educational system.
The task force shall make recommendations to the education
committees of the legislature by January 15, 1995. The plan
shall, at a minimum, address the following:
(1) identification of the various technology needs of
special education;
(2) appropriate integration of special education technology
needs with general education information technology;
(3) effective uses of technology for enabling special
education and regular education staff to meet the needs of
children with disabilities;
(4) effective uses of technology for improving the
efficiency and effectiveness of special education
administration, instruction, assessment, and reporting;
(5) methods for developing the appropriate technologies and
making them available statewide; and
(6) costs of developing and implementing the appropriate
technologies statewide.
Sec. 27. [GRADUATION RULE.]
Subdivision 1. [SPECIAL EDUCATION.] The state board of
education shall consult with the state special education
advisory council in developing the high school graduation rule
to ensure that students with disabilities may fully participate
under the rule. The state board shall ensure that state and
local assessments provide for accommodations, modifications, and
adaptations to meet the needs of students with disabilities;
clear policies are developed for modifying graduation
requirements when necessary to meet a student's needs under an
individual education plan; and that state monitoring of learning
sites assesses the achievement of a representative sample of all
students, including students with individual learning plans.
Subd. 2. [TRANSITION OUTCOMES.] The state board of
education shall include in the high school graduation rule
outcomes for all students in skills for transition from school
to the community, work, vocational training, and higher
education. The outcome shall emphasize knowledge of life
skills, skills for planning and evaluating vocational and
educational choices, and state and community resources available
to assist in identifying and evaluating choices. The state
board shall consult with the state education and employment
transitions council and the state special education advisory
council in developing the outcomes.
Sec. 28. [SPECIAL EDUCATION MANUAL.]
(a) The commissioner of education shall develop a manual
pertaining to the delivery of special education instruction and
services for use by parents, school district administrators,
teachers, and related service staff, and other direct service
providers. The commissioner shall update the manual as
necessary to ensure that the information contained in the manual
is current. The manual shall contain at least the following:
(1) a concise listing of all federal and state laws, rules,
and regulations that apply to special education;
(2) the rights and procedural safeguards available to
students with disabilities and their parents or guardian; and
(3) best practice recommendations for school districts for
policies and procedures to meet the needs of students with
disabilities.
(b) The manual must be available within three months
following the state board of education's adoption of state
special education rules under section 23. The commissioner
shall develop a plan to ensure that the manual is widely
available to parents, school staff, and other interested
individuals and organizations.
Sec. 29. [SCHOOL BOARD MEMBER TRAINING.]
The commissioner of education, in consultation with the
Minnesota school boards association and the task force on
education of children with disabilities, shall develop a model
training curriculum for school board members in state and
federal special education statutes, rules, and regulations, and
in modifications and accommodations for students with
disabilities consistent with the Individuals with Disabilities
Education Act, United States Code, title 20, sections 1411 to
1420 (Part B), section 504 of the Rehabilitation Act of 1973,
United States Code, title 29, section 794, and the Americans
with Disabilities Act, Public Law Number 101-336. The model
training curriculum shall be available to school board members
by January 1, 1995.
Sec. 30. [SPECIAL LEVY FOR INDEPENDENT SCHOOL DISTRICT NO.
100, WRENSHALL.]
Notwithstanding Minnesota Statutes, section 124.321, or any
other law to the contrary, independent school district No. 100,
Wrenshall, may levy up to $40,000 for taxes payable in 1995 for
excess special education expenditures or for nonregular
transportation expenditures according to Minnesota Statutes,
section 124.223, subdivision 4, incurred in the 1993-1994 school
year. Notwithstanding Minnesota Statutes, section 121.904, the
entire amount of this levy shall be recognized as revenue for
the fiscal year in which the levy is certified. This levy shall
not be considered in computing the aid reduction under Minnesota
Statutes, section 124.155.
Sec. 31. [GRANTS FOR COMMUNITY LIVING PROGRAMS FOR YOUTHS
WITH DISABILITIES.]
A school district may apply to the commissioner of jobs and
training for a grant to provide individualized education and
training to youth with disabilities for making a transition from
school to post-secondary education, work, or community living.
Grantees shall provide the education and training according to
the transition plan contained in youths' individual education
plans. To be eligible for a grant, a district must develop its
transition services in consultation with the community
transition interagency committee. Grantees must use the grant
to contract with a center for independent living certified under
Minnesota Statutes, section 268A.11, or with another transition
program the commissioner approves, to provide appropriate
education and training under this section.
Sec. 32. [APPROPRIATION; GRANTS FOR COMMUNITY LIVING
PROGRAMS.]
$250,000 is appropriated from the general fund in fiscal
year 1995 to the commissioner of jobs and training for the
purpose of providing grants under section 31. This activity
must be transferred to the budget of the department of jobs and
training in the next biennial budget.
Sec. 33. [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 year designated.
Subd. 2. [TASK FORCE.] For the task force on education for
children with disabilities:
$25,000 ....... 1994
A portion of this appropriation may be used to pay for the
costs of adopting, amending, or repealing state board of
education rules according to section 23. This appropriation may
not be used to compensate department staff assisting the task
force in carrying out its responsibilities. This appropriation
expires February 15, 1995.
Subd. 3. [STUDENT SUSPENSIONS AND EXPULSIONS STUDY.] For a
study of student suspensions and expulsions:
$40,000 ....... 1995
This appropriation does not cancel.
Sec. 34. [REVISOR INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor
shall renumber sections 120.17, subdivision 11a, as 120.1701,
subdivision 3; 120.17, subdivision 11b, as 120.1701, subdivision
4; 120.17, subdivision 12, as 120.1701, subdivision 5; 120.17,
subdivision 14, as 120.1701, subdivision 12; 120.17, subdivision
14a, as 120.1701, subdivision 13; 120.17, subdivision 17, as
120.1701, subdivision 22.
Sec. 35. [EFFECTIVE DATE.]
Sections 4, 23, 24, 26, and 33, subdivision 2, are
effective the day following final enactment.
ARTICLE 4
COMMUNITY PROGRAMS
Section 1. Minnesota Statutes 1992, section 120.101, is
amended by adding a subdivision to read:
Subd. 5c. [EDUCATION RECORDS.] A school district from
which a student is transferring must transmit the student's
educational records, within ten business days of the date the
student withdraws, to the school district in which the student
is enrolling. School districts must make reasonable efforts to
determine the school district in which a transferring student is
next enrolling in order to comply with this subdivision.
Sec. 2. Minnesota Statutes 1993 Supplement, section
121.702, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE ORGANIZATION.] "Eligible organization"
means:
(1) a local unit of government including a statutory or
home rule charter city, township, county, or group of two or
more contiguous counties;
(2) an existing nonprofit organization organized under
chapter 317A;
(3) an educational institution;
(4) a private industry council; or
(5) a state agency; or
(6) a federal agency.
Sec. 3. Minnesota Statutes 1993 Supplement, section
121.702, subdivision 9, is amended to read:
Subd. 9. [YOUTH WORKS TASK FORCE COMMISSION.] "Youth works
task force" "Commission" means the task force Minnesota
commission on national and community service established in
section 121.703.
Sec. 4. Minnesota Statutes 1993 Supplement, section
121.703, is amended to read:
121.703 [YOUTH WORKS TASK FORCE MINNESOTA COMMISSION ON
NATIONAL AND COMMUNITY SERVICE.]
Subdivision 1. [CREATION.] The youth works task force
Minnesota commission on national and community service is
established to assist the governor and the legislature in
implementing sections 121.701 to 121.710 and federal
law. Retroactive to the first Monday in January 1994, the terms
of the members of the first commission shall be, as nearly as
possible, one year for one-third of the members, two years for
one-third of the members, and three years for one-third of the
members. The members of the first commission shall determine
the length of their terms by lot. Thereafter, the terms of
commission members shall be for three years. Commission members
may be reappointed upon the completion of their current term.
The terms, compensation, filling of vacancies, and removal of
members are governed by section 15.059 15.0575. The youth works
task force commission may accept gifts and contributions from
public and private organizations.
Subd. 2. [MEMBERSHIP.] The youth works task force consists
of 16 voting members. The membership includes the commissioner
or designee of the departments of education, jobs and training,
and natural resources and the executive director of the higher
education coordinating board, and four persons appointed by the
governor from among the following agencies: departments of
human services, health, corrections, agriculture, public safety,
finance, labor and industry, office of strategic and long-range
planning, Minnesota office of volunteer services, Minnesota high
technology council, Minnesota housing finance agency,
association of service delivery areas, and Minnesota Technology,
Inc. The governor shall appoint four members, one each
representing a public or private sector labor union, business,
students, and parents, and the remaining four members from among
representatives of the following groups: educators, senior
citizen organizations, local agencies working with youth service
corps programs, school-based community service programs, higher
education institutions, local educational agencies, volunteer
public safety organizations, education partnership programs,
public or nonprofit organizations experienced in youth
employment and training, and volunteer administrators, or other
organizations working with volunteers. (a) The commission
consists of 18 voting members. Voting members shall include the
commissioner of education, a representative of the children's
cabinet elected by the members of the children's cabinet, and
the executive director of the higher education coordinating
board.
(b) The governor shall appoint 15 additional voting members.
Eight of the voting members appointed by the governor shall
include a representative of public or nonprofit organizations
experienced in youth employment and training, organizations
promoting adult service and volunteerism, community-based
service agencies or organizations, local public or private
sector labor unions, local governments, business, a national
service program, and Indian tribes. The remaining seven voting
members appointed by the governor shall include an individual
with expertise in the educational, training, and development
needs of youth, particularly disadvantaged youth; a youth or
young adult who is a participant in a higher education-based
service-learning program; a disabled individual representing
persons with disabilities; a youth who is out-of-school or
disadvantaged; an educator of primary or secondary students; an
educator from a higher education institution; and an individual
between the ages of 16 and 25 who is a participant or supervisor
in a youth service program.
(c) The governor shall appoint up to five ex officio
nonvoting members from among the following agencies or
organizations: the departments of jobs and training, natural
resources, human services, health, corrections, agriculture,
public safety, finance, and labor and industry, the Minnesota
office of volunteer services, the housing finance agency, and
Minnesota Technology, Inc. A representative of the corporation
for national and community service shall also serve as an ex
officio nonvoting member.
(d) Voting and ex officio nonvoting members may appoint
designees to act on their behalf. The number of voting members
who are state employees shall not exceed 25 percent.
(e) The governor shall ensure that, to the extent possible,
the membership of the task force commission is balanced
according to geography, race, ethnicity, age, and gender. The
speaker of the house and the majority leader of the senate shall
each appoint two legislators to be nonvoting members of the task
force commission.
Subd. 3. [DUTIES.] (a) The youth works task force
commission shall:
(1) develop, with the assistance of the governor, the
commissioner of education, and affected state agencies, a
comprehensive state plan to provide services under sections
121.701 to 121.710 and federal law;
(2) actively pursue public and private funding sources for
services, including funding available under federal law;
(3) coordinate volunteer service learning programs within
the state;
(4) develop, in cooperation with the education and
employment transitions council and the commissioner of
education, volunteer service learning programs, including
curriculum, materials, and methods of instruction;
(5) work collaboratively with the education and employment
transitions council, the commissioner of education, schools,
public and private agencies, for-profit and nonprofit employers,
and labor unions to identify mentoring and service learning
opportunities, solicit and recruit participants for these
programs, and disseminate information on the programs;
(6) administer the youth works grant program under sections
121.704 to 121.709, with assistance from the commissioner of
education and the executive director of the higher education
coordinating board, including soliciting and approving grant
applications from eligible organizations, and administering
individual postservice benefits;
(7) establish an evaluation plan for programs developed and
services provided under sections 121.701 to 121.710;
(8) report to the governor, commissioner of education, and
legislature; and
(9) provide oversight and support for school, campus, and
community-based service programs; and
(10) administer the federal AmeriCorps program.
(b) Nothing in sections 121.701 to 121.710 precludes an
organization from independently seeking public or private
funding to accomplish purposes similar to those described in
paragraph (a).
Sec. 5. Minnesota Statutes 1993 Supplement, section
121.705, is amended to read:
121.705 [YOUTH WORKS GRANTS.]
Subdivision 1. [APPLICATION.] An eligible organization
interested in receiving a grant under sections 121.704 to
121.709 may prepare and submit to the youth works task force
commission an application that complies with section 121.706.
Subd. 2. [GRANT AUTHORITY.] The youth works task force
commission shall use any state appropriation and any available
federal funds, including any grant received under federal law,
to award grants to establish programs for youth works meeting
the requirements of section 121.706. At least one grant each
must be available for a metropolitan proposal, a rural proposal,
and a statewide proposal. If a portion of the suburban
metropolitan area is not included in the metropolitan grant
proposal, the statewide grant proposal must incorporate at least
one suburban metropolitan area. In awarding grants, the youth
works task force commission may select at least one residential
proposal and one nonresidential proposal, provided the proposals
meet or exceed the criteria in section 121.706.
Sec. 6. Minnesota Statutes 1993 Supplement, section
121.706, is amended to read:
121.706 [GRANT APPLICATIONS.]
Subdivision 1. [APPLICATIONS REQUIRED.] An organization
seeking federal or state grant money under sections 121.704 to
121.709 shall prepare and submit to the youth works task
force commission an application that meets the requirements of
this section. The youth works task force commission shall
develop, and the applying organizations shall comply with, the
form and manner of the application.
Subd. 2. [APPLICATION CONTENT.] An applicant on its
application shall:
(1) propose a program to provide participants the
opportunity to perform community service to meet specific unmet
community needs, and participate in classroom, work-based, and
service learning;
(2) assess the community's unmet educational, human,
environmental, and public safety needs, the resources and
programs available for meeting those needs, and how young people
participated in assessing community needs;
(3) describe the classroom educational component of the
program, including classroom hours per week, classroom time for
participants to reflect on the program experience, and
anticipated academic outcomes related to the service experience;
(4) describe the work to be performed, the ratio of youth
participants to crew leaders and mentors, and the expectations
and qualifications for crew leaders and mentors;
(5) describe local funds or resources available to meet the
match requirements of section 121.709;
(6) describe any funds available for the program from
sources other than the requested grant;
(7) describe any agreements with local businesses to
provide participants with work-learning opportunities and
mentors;
(8) describe any agreement with local post-secondary
educational institutions to offer participants course credits
for their community service learning experience;
(9) describe any agreement with a local high school or an
alternative learning center to provide remedial education,
credit for community service work and work-based learning, or
graduate equivalency degrees;
(10) describe any pay for service or other program delivery
mechanism that will provide reimbursement for benefits conferred
or recover costs of services participants perform;
(11) describe how local resources will be used to provide
support and assistance for participants to encourage them to
continue with the program, fulfill the terms of the contract,
and remain eligible for any postservice benefit;
(12) describe the arbitration mechanism for dispute
resolution required under section 121.707, subdivision 2;
(13) describe involvement of community leaders in
developing broad-based support for the program;
(14) describe the consultation and sign-off process to be
used with any local labor organization representing employees in
the area engaged in work similar to that proposed for the
program to ensure that no current employees or available
employment positions will be displaced by program participants;
(15) certify to the youth works task force commission and
to any certified bargaining representatives representing
employees of the applying organization that the project will not
decrease employment opportunities that would be available
without the project; will not displace current employees
including any partial displacement in the form of reduced hours
of work other than overtime, wages, employment benefits, or
regular seasonal work; will not impair existing labor
agreements; and will not result in the substitution of project
funding for preexisting funds or sources of funds for ongoing
work;
(16) describe the length of the required service period,
which may not be less than six months or more than two years, a
method to incorporate a participant's readiness to advance or
need for postservice financial assistance into individual
service requirements, and any opportunity for participating part
time or in another program;
(17) describe a program evaluation plan that contains cost
effectiveness measures, measures of participant success
including educational accomplishments, job placements, community
contributions, and ongoing volunteer activities, outcome
measures based on a preprogram and postprogram survey of
community rates of arrest, incarceration, teenage pregnancy, and
other indicators of youth in trouble, and a list of local
resources dedicated to reducing these rates;
(18) describe a three-year financial plan for maintaining
the program;
(19) describe the role of local youth in developing all
aspects of the grant proposal; and
(20) describe the process by which the local private
industry council participated in, and reviewed the grant
application.
Sec. 7. Minnesota Statutes 1993 Supplement, section
121.707, is amended to read:
121.707 [PROGRAM PROVISIONS.]
Subdivision 1. [PARTICIPANT ELIGIBILITY.] (a) An
individual is eligible to participate in full-time youth
community service if the individual:
(1) is at least 17 to 24 years old;
(2) is a citizen of the United States or lawfully admitted
for permanent residency;
(3) is a permanent Minnesota resident as that term is used
in section 256.936, subdivision 4c, paragraph (d), clause (2);
(4) (3) is applying for service and has received a high
school diploma or its equivalent, or agrees to attain a high
school diploma or its equivalent while participating in the
program; and
(5) (4) agrees to act as an alumni volunteer or an alumni
mentor upon successfully completing the program and postprogram
education.
(b) An individual is eligible to participate in part-time
youth community service if the individual is at least 15 to 24
years old and meets the requirements under paragraph (a),
clauses (2) to (5) (4).
Subd. 2. [TERMS OF SERVICE.] (a) A participant shall agree
to perform community service for the period required unless the
participant is unable to complete the terms of service for the
reason provided in paragraph (b).
An agreement to perform community service must be in the
form of a written contract between the participant and the
grantee organization. Terms of the contract must include a
length of service between six months and two years, the
participant's education goals and commitment, the anticipated
date of completion, dismissal for cause, including failure to
fully participate in the education component, and the exclusive
right to challenge a dismissal for cause through binding
arbitration. The arbitrator must be chosen jointly by the
grantee organization and the participant from the community or,
if agreement cannot be reached, an arbitrator must be determined
from a list of arbitrators provided by the American Arbitration
Association. The sole remedy available to the participant
through arbitration is reinstatement to the program and
eligibility for postservice benefits. The parent or guardian of
a minor shall consent in writing to the contract between the
participant and the grantee organization.
(b) If the grantee organization releases a participant from
completing a term of service in a program receiving assistance
under sections 121.704 to 121.709 for compelling personal
circumstances as demonstrated by the participant, or if the
program in which the participant serves does not receive
continued funding for any reason, the grantee organization may
provide the participant with that portion of the financial
assistance described in subdivision 3 that corresponds to the
quantity of the service obligation completed by the individual.
If the grantee organization terminates a participant for
cause or a participant resigns without demonstrating compelling
personal circumstances under this section, no postservice
benefit under subdivision 3 may be paid.
(c) A participant performing part-time service under
sections 121.701 to 121.710 shall serve at least two weekends
each month and two weeks during the year, or at least an average
of nine hours per week each year. A part-time participant shall
serve at least 900 hours during a period of not more than two
years, or three years if enrolled in an institution of higher
education. A participant performing full-time service under
sections 121.701 to 121.710 shall serve for not less than 40
hours per week at least 1,700 hours during a period of not less
than nine months, or more than one year.
(d) Notwithstanding any other law to the contrary, for
purposes of tort liability under sections 3.732 and 3.736, while
participating in a program a participant is an employee of the
state.
(e) Participants performing community service in a program
are not public employees for purposes of chapter 43A, 179A, 197,
353, or any other law governing hiring or discharging of public
employees.
Subd. 3. [POSTSERVICE BENEFIT.] (a) Each participant shall
receive a nontransferable postservice benefit upon successfully
completing the program. The benefit must be $2,000 per year of
part-time service or $5,000 per year of full-time service not
less than $4,725 per year of full-time service or prorated for
part-time service or for partial service of at least 900 hours.
(b) In the event that a program does not receive a federal
grant that provides a postservice benefit, the participants in
the program shall receive a postservice benefit equal in value
to one-half the amount provided under paragraph (a).
(c) Nothing in this subdivision prevents a grantee
organization from using funds from nonfederal or nonstate
sources to increase the value of postservice benefits above the
value described in paragraph (a).
(c) The higher education coordinating board shall establish
an account for depositing funds for postservice benefits. If a
participant does not use a postservice benefit according to
subdivision 4 within seven years after completing the program,
the amount of the postservice benefit shall be used to provide a
postservice benefit to another eligible participant.
(d) The state shall provide an additional postservice
benefit to any participant who successfully completes the
program. The benefit must be a credit of five points to be
added to the competitive open rating of a participant who
obtains a passing grade on a civil service examination under
chapter 43A. The benefit is available for five years after
completing the community service.
Subd. 4. [USES OF POSTSERVICE BENEFITS.] (a) A postservice
benefit for a participant provided under subdivision 3,
paragraph (a), (b), or (c), must be available for five seven
years after completing the program and may only be used for:
(1) paying a student loan;
(2) costs of attending an institution of higher education;
or
(3) expenses incurred by a student in an approved youth
apprenticeship program under chapter 126B, or in an a registered
apprenticeship program approved by the department of labor and
industry.
Financial assistance provided under this subdivision must be in
the form of vendor payments whenever possible. Any postservice
benefits provided by federal funds or vouchers may be used as a
downpayment on, or closing costs for, purchasing a first home.
(b) Postservice benefits are to be used to develop skills
required in occupations where numbers of jobs are likely to
increase. The youth works task force commission, in
consultation with the education and employment transitions
council, shall determine how the benefits may be used in order
to best prepare participants with skills that build on their
service learning and equip them for meaningful employment.
(c) The postservice benefit shall not be included in
determining financial need when establishing eligibility or
award amounts for financial assistance programs under chapter
136A.
Subd. 5. [LIVING ALLOWANCE.] (a) A participant in a
full-time community service program shall receive a monthly
stipend of not less than $500. An eligible organization may
provide participants with additional amounts from nonfederal or
nonstate sources. The amount of the living allowance may be
prorated for part-time participants.
(b) Nothing in this subdivision requires an existing
program to decrease any stipend, salary, or living allowance
provided to a participant under the program.
(c) In addition to the living allowance provided under
paragraph (a), a grantee organization shall provide health and
dental and child care coverage to each participant in a
full-time youth works program who does not otherwise have access
to health or dental or child care coverage. The state shall
include the cost of group health and dental child care coverage
in the grant to the eligible organization.
Subd. 6. [PROGRAM TRAINING.] (a) The youth works task
force commission shall, within available resources, ensure an
opportunity for each participant to have three weeks of training
in a residential setting. If offered, each training session
must:
(1) orient each participant in the nature, philosophy, and
purpose of the program;
(2) build an ethic of community service through general
community service training; and
(3) provide additional training as it determines necessary.
(b) Each grantee organization shall also train participants
in skills relevant to the community service opportunity.
Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each
grantee organization shall assess the educational level of each
entering participant. Each grantee shall work to enhance the
educational skills of each participant. The youth works task
force commission may coordinate or contract with educational
institutions or other providers for educational services and
evaluation. All grantees shall give priority to educating and
training participants who do not have a high school diploma or
its equivalent, or who cannot afford post-secondary training and
education.
Sec. 8. Minnesota Statutes 1993 Supplement, section
121.708, is amended to read:
121.708 [PRIORITY.]
The youth works task force commission shall give priority
to an eligible organization proposing a program that meets the
goals of sections 121.704 to 121.707, and that:
(1) involves youth in a meaningful way in all stages of the
program, including assessing community needs, preparing the
application, and assuming postservice leadership and mentoring
responsibilities;
(2) serves a community with significant unmet needs;
(3) provides an approach that is most likely to reduce
arrest rates, incarceration rates, teenage pregnancy, and other
indicators of troubled youth;
(4) builds linkages with existing, successful programs; and
(5) can be operational quickly.
Sec. 9. Minnesota Statutes 1993 Supplement, section
121.709, is amended to read:
121.709 [MATCH REQUIREMENTS.]
A grant awarded through the youth works program must be
matched at $2 of grant funds for at least $1 of applicant
funds. Youth works grant funds must be used for the living
allowance, cost of employer taxes under sections 3111 and 3301
of the Internal Revenue Code of 1986, workers' compensation
coverage, and health and dental benefits for each program
participant. Applicant funds resources, from sources and in a
form determined by the youth works task force commission, must
be used to pay provide for crew leaders, administration, all
other program operating costs, including such costs as supplies,
materials, and transportation, and salaries and benefits of
those staff directly involved in the operation, internal
monitoring, and evaluation of the program. Administrative
expenses must not exceed seven five percent of total program
costs. To the extent that administrative costs are less than
seven percent, an amount equal to the difference between the
percent expended and seven percent shall be applied to the local
match requirement in this section.
Sec. 10. Minnesota Statutes 1993 Supplement, section
121.710, is amended to read:
121.710 [EVALUATION AND REPORTING REQUIREMENTS.]
Subdivision 1. [GRANTEE ORGANIZATIONS.] Each grantee
organization shall report to the youth works task force
commission at the time and on the matters requested by the youth
works task force commission.
Subd. 2. [INTERIM REPORT.] The youth works task force
commission shall report semiannually to the legislature with
interim recommendations to change the program.
Subd. 3. [FINAL REPORT.] The youth works task force
commission shall present a final report to the legislature by
January 1, 1998, summarizing grantee evaluations, reporting on
individual participants and participating grantee organizations,
and recommending any changes to improve or expand the program.
Sec. 11. Minnesota Statutes 1993 Supplement, section
121.831, subdivision 9, is amended to read:
Subd. 9. [CHILD RECORDS.] (a) 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.
(b) An educator or service provider may transmit
information in the child's cumulative record to an educator or
service provider in another program for young children when the
child applies to enroll in that other program.
Sec. 12. Minnesota Statutes 1993 Supplement, section
121.8355, subdivision 1, is amended to read:
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, public libraries, 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.
Sec. 13. Minnesota Statutes 1993 Supplement, section
121.885, subdivision 1, is amended to read:
Subdivision 1. [SERVICE LEARNING AND WORK-BASED LEARNING
PROGRAMS STUDY.] The youth works task force Minnesota commission
on national and community service, established in section
121.703, shall assist the commissioner of education in studying
how to combine community service activities and service learning
with work-based learning programs.
Sec. 14. Minnesota Statutes 1993 Supplement, section
121.885, subdivision 2, is amended to read:
Subd. 2. [SERVICE LEARNING PROGRAMS DEVELOPED.] The
commissioner, in consultation with the task force commission,
shall develop a service learning program curriculum that
includes a policy framework and strategies for youth community
service and an infrastructure for mentoring youth. The
commissioner shall include in the curriculum at least the
following:
(1) youth community service strategies that enable young
people to make significant contributions to the welfare of their
community through such organizations as schools, colleges,
government agencies, and community-based organizations or
through individual efforts;
(2) mentoring strategies that enable young people to be
matched with caring, responsible individuals who can encourage
and guide the young people in their personal growth and
development;
(3) guidelines, criteria, and procedures for community
service programs that incorporate the results of the study in
subdivision 1; and
(4) criteria for community service activities and service
learning.
Sec. 15. Minnesota Statutes 1993 Supplement, section
121.885, subdivision 4, is amended to read:
Subd. 4. [PROGRAMS FOLLOWING YOUTH COMMUNITY SERVICE.] (a)
The youth works task force Minnesota commission on national and
community service established in section 121.703, in cooperation
with the commissioner and the higher education coordinating
board, shall provide for those participants who successfully
complete youth community service under sections 121.703 to
121.709, the following:
(1) for those who have a high school diploma or its
equivalent, an opportunity to participate in a youth
apprenticeship program at a community or technical college; and
(2) for those who are post-secondary students, an
opportunity to participate in an educational program that
supplements post-secondary courses leading to a degree or a
statewide credential of academic and occupational proficiency.
(b) Participants who successfully complete a youth
community service program under sections 121.704 to 121.710 are
eligible to receive an education voucher as provided under
section 121.707, subdivision 4. The voucher recipient may apply
the voucher toward the cost of the recipient's tuition and other
education-related expenses at a public post-secondary school
under paragraph (a).
(c) The youth works task force Minnesota commission on
national and community service, in cooperation with the state
board of technical colleges, shall establish a mechanism to
transfer credit earned in a youth apprenticeship program between
the technical colleges and other post-secondary institutions
offering applied associate degrees.
Sec. 16. Minnesota Statutes 1992, section 124.26,
subdivision 1b, is amended to read:
Subd. 1b. [PROGRAM REQUIREMENTS.] An adult basic and
continuing education program is a day or evening program offered
by a district that is for people over 16 years of age through
the 1999-2000 school year and over 18 years of age beginning
with the 2000-2001 school year who do not attend an elementary
or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency
certificate. Tuition and fees may not be charged to a learner
for instruction subsidized paid under this section, except for a
security deposit to assure return of materials, supplies, and
equipment.
Sec. 17. Minnesota Statutes 1993 Supplement, section
124.26, subdivision 1c, is amended to read:
Subd. 1c. [PROGRAM APPROVAL.] (a) To receive aid under
this section, a district, a consortium of districts, or a
private nonprofit organization 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.
(b) The commissioner may contract with grant adult basic
education funds to 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 this provision must be approved and funded
according to the same criteria used for district programs.
(c) Adult basic education programs may be approved under
this subdivision for up to five years. 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 experiential
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. 18. Minnesota Statutes 1993 Supplement, section
124.26, subdivision 2, is amended to read:
Subd. 2. [ACCOUNTS; REVENUE; AID.] Each district or, group
of districts, or private nonprofit organization 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
revenue 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 100 percent
of the actual cost of providing these programs.
Sec. 19. Minnesota Statutes 1992, section 124.2601,
subdivision 3, is amended to read:
Subd. 3. [AID.] Adult basic education aid for each
district with an eligible approved program equals 65 percent of
the general education formula allowance times the number of
full-time equivalent students in its adult basic education
program.
Sec. 20. Minnesota Statutes 1992, section 124.2601,
subdivision 5, is amended to read:
Subd. 5. [REVENUE.] Adult basic education revenue is equal
to the sum of a district's an approved program's adult basic
education aid and its adult basic education levy.
Sec. 21. Minnesota Statutes 1992, section 124.2601,
subdivision 7, is amended to read:
Subd. 7. [PRORATION.] If the total appropriation for adult
basic education aid is insufficient to pay all districts
approved programs the full amount of aid earned, the department
of education shall proportionately reduce each district's
approved program's aid.
Sec. 22. Minnesota Statutes 1993 Supplement, section
124.2711, subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] The revenue for early childhood
family education programs for a school district equals $101.25
for 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 October 1 of the previous
school year.
Sec. 23. Minnesota Statutes 1992, section 124.2711, is
amended by adding a subdivision to read:
Subd. 6. [RESERVE ACCOUNT.] Early childhood family
education revenue must be maintained in a reserve account within
the community service fund.
Sec. 24. Minnesota Statutes 1993 Supplement, 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 85 cents for fiscal year 1994, $1 for fiscal year
1995, and 85 cents for fiscal year 1996 and thereafter, times
the greater of 1,335 or the population of the district.
Sec. 25. Minnesota Statutes 1992, section 124.2713, is
amended by adding a subdivision to read:
Subd. 10. [RESERVE ACCOUNT.] Community education revenue
must be maintained in a reserve account within the community
service fund.
Sec. 26. Minnesota Statutes 1993 Supplement, 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,
subdivision 3, 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. 27. Minnesota Statutes 1992, section 124C.49, is
amended to read:
124C.49 [DESIGNATION AS CENTER.]
The commissioner of education, in cooperation with the
state board of education, shall establish a process for state
designation and approval of area learning centers that meet the
provisions of sections 124C.45 to 124C.48. Any process for
designating and approving an area learning center must emphasize
the importance of having the area learning center serve students
who have dropped out of school, are homeless, are eligible to
receive free or reduced priced lunch, have been suspended or
expelled, have been declared truant or are pregnant or parents.
Sec. 28. Minnesota Statutes 1993 Supplement, section
126.22, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible
according to subdivision 2 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 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, may enroll
in any public elementary or secondary education program.
However, a person who is eligible according to subdivision 2,
clause (b), may enroll only if the school board has adopted a
resolution approving the enrollment.
(d) A pupil who is eligible under subdivision 2, 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 serving school district of residence to provide
educational services.
(e) A pupil who is 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. 29. Minnesota Statutes 1993 Supplement, 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), 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 serving 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. 30. Minnesota Statutes 1993 Supplement, 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 3a or an area
learning center established under section 124C.45; or
(2) an eligible pupil under subdivision 2, to enroll in an
adult basic education program approved under section 124.26.
Sec. 31. Minnesota Statutes 1992, section 126.23, is
amended to read:
126.23 [AID FOR PRIVATE ALTERNATIVE PROGRAMS.]
If a pupil enrolls in an alternative program, eligible
under section 126.22, subdivision 3, paragraph (d), or
subdivision 3a, operated by a private organization that has
contracted with a school district to provide educational
services for eligible pupils under section 126.22, subdivision
2, the resident district contracting with the private
organization must reimburse the provider an amount equal to at
least 88 percent of the basic revenue of the district for each
pupil attending the program full time. For a pupil attending
the program part time, basic revenue paid to the program shall
be reduced proportionately, according to the amount of time the
pupil attends the program, and basic revenue paid to the
district shall be reduced accordingly. Pupils for whom a
district provides reimbursement may not be counted by the
district for any purpose other than computation of basic
revenue, according to section 124A.22, subdivision 2. If
payment is made to a district or program for a pupil under this
section, the department of education shall not make a payment
for the same pupil under section 126.22, subdivision 8.
Sec. 32. Minnesota Statutes 1992, section 126.69,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM GOALS.] The department of
education, in consultation with the state curriculum advisory
committee, must develop guidelines and model plans for parental
involvement programs that will:
(1) engage the interests and talents of parents or
guardians in recognizing and meeting the emotional,
intellectual, and physical needs of their school-age children;
(2) promote healthy self-concepts among parents or
guardians and other family members;
(3) offer parents or guardians a chance to share and learn
about educational skills, techniques, and ideas;
(4) provide creative learning experiences for parents or
guardians and their school-age children, including involvement
from parents or guardians of color; and
(5) encourage parents to actively participate in their
district's curriculum advisory committee under section 126.666
in order to assist the school board in improving children's
education programs; and
(6) encourage parents to help in promoting school
desegregation/integration.
Sec. 33. Minnesota Statutes 1992, section 126.69,
subdivision 3, is amended to read:
Subd. 3. [PLAN ACTIVITIES.] Activities contained in the
model plans must include:
(1) educational opportunities for families that enhance
children's learning development;
(2) educational programs for parents or guardians on
families' educational responsibilities and resources;
(3) the hiring, training, and use of parental involvement
liaison workers to coordinate family involvement activities and
to foster communication among families, educators, and students;
(4) curriculum materials and assistance in implementing
home and community-based learning activities that reinforce and
extend classroom instruction and student motivation;
(5) technical assistance, including training to design and
carry out family involvement programs;
(6) parent resource centers;
(7) parent training programs and reasonable and necessary
expenditures associated with parents' attendance at training
sessions;
(8) reports to parents on children's progress;
(9) use of parents as classroom volunteers, or as
volunteers in before and after school programs for school-age
children, tutors, and aides;
(10) soliciting parents' suggestions in planning,
developing, and implementing school programs;
(11) educational programs and opportunities for parents or
guardians that are multicultural, gender fair, and disability
sensitive; and
(12) involvement in a district's curriculum advisory
committee or a school building team under section 126.666; and
(13) opportunities for parent involvement in developing,
implementing, or evaluating school and district
desegregation/integration plans.
Sec. 34. Minnesota Statutes 1992, section 126.77,
subdivision 1, is amended to read:
Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The
commissioner of education, in consultation with the
commissioners of health and human services, state minority
councils, battered women's programs, sexual assault centers,
representatives of religious communities, and the assistant
commissioner of the office of drug policy and violence
prevention, shall assist districts on request in developing or
implementing a violence prevention program for students in
kindergarten to grade 12 that can be integrated into existing
curriculum. The purpose of the program is to help students
learn how to resolve conflicts within their families and
communities in nonviolent, effective ways.
(b) Each district is encouraged to integrate into its
existing curriculum a program for violence prevention that
includes at least:
(1) a comprehensive, accurate, and age appropriate
curriculum on violence prevention, nonviolent conflict
resolution, and sexual, racial, and cultural harassment that
promotes equality, respect, understanding, effective
communication, individual responsibility, thoughtful decision
making, positive conflict resolution, useful coping skills,
critical thinking, listening and watching skills, and personal
safety;
(2) planning materials, guidelines, and other accurate
information on preventing physical and emotional violence,
identifying and reducing the incidence of sexual, racial, and
cultural harassment, and reducing child abuse and neglect;
(3) a special parent education component of early childhood
family education programs to prevent child abuse and neglect and
to promote positive parenting skills, giving priority to
services and outreach programs for at-risk families;
(4) involvement of parents and other community members,
including the clergy, business representatives, civic leaders,
local elected officials, law enforcement officials, and the
county attorney;
(5) collaboration with local community services, agencies,
and organizations that assist in violence intervention or
prevention, including family-based services, crisis services,
life management skills services, case coordination services,
mental health services, and early intervention services;
(6) collaboration among districts and ECSUs;
(7) targeting early adolescents for prevention efforts,
especially early adolescents whose personal circumstances may
lead to violent or harassing behavior; and
(8) opportunities for teachers to receive in-service
training or attend other programs on strategies or curriculum
designed to assist students in intervening in or preventing
violence in school and at home; and
(9) administrative policies that reflect, and a staff that
models, nonviolent behaviors that do not display or condone
sexual, racial, or cultural harassment.
(c) The department may provide assistance at a neutral site
to a nonpublic school participating in a district's program.
Sec. 35. Minnesota Statutes 1992, section 126.78, is
amended to read:
126.78 [VIOLENCE PREVENTION EDUCATION GRANTS.]
Subdivision 1. [GRANT PROGRAM ESTABLISHED.] The
commissioner of education, after consulting with the assistant
commissioner of the office of drug policy and violence
prevention, shall establish a violence prevention education
grant program to enable a school district, an education
district, or a group of districts that cooperate for a
particular purpose to develop and implement or to continue a
violence prevention program for students in kindergarten through
grade 12 that can be integrated into existing curriculum. A
district or group of districts that elects to develop and
implement or to continue a violence prevention program under
section 126.77 is eligible to apply for a grant under this
section.
Subd. 2. [GRANT APPLICATION.] To be eligible to receive a
grant, a school district, an education district, or a group of
districts that cooperate for a particular purpose must submit an
application to the commissioner in the form and manner and
according to the timeline established by the commissioner. The
application must describe how the applicant will: (1) continue
or integrate into its existing K-12 curriculum a program for
violence prevention that contains the program components listed
in section 126.77; (2) collaborate with local organizations
involved in violence prevention and intervention; and (3)
structure the program to reflect the characteristics of the
children, their families and the community involved in the
program. The commissioner may require additional information
from the applicant. When reviewing the applications, the
commissioner shall determine whether the applicant has met the
requirements of this subdivision.
Subd. 3. [GRANT AWARDS.] The commissioner may award grants
for a violence prevention education program to eligible
applicants as defined in subdivision 2. Grant amounts may not
exceed $3 per actual pupil unit in the district or group of
districts in the prior school year. Grant recipients should be
geographically distributed throughout the state.
Subd. 4. [GRANT PROCEEDS.] A successful applicant shall
use the grant money to develop and implement or to continue a
violence prevention program according to the terms of the grant
application.
Sec. 36. Minnesota Statutes 1992, section 127.27,
subdivision 5, is amended to read:
Subd. 5. "Expulsion" means an action taken by a school
board to prohibit an enrolled pupil from further attendance for
a period that shall not extend beyond the an amount of time
equal to one school year from the date a pupil is expelled.
Sec. 37. Minnesota Statutes 1992, section 127.31, is
amended by adding a subdivision to read:
Subd. 15. [ADMISSION OR READMISSION PLAN.] A school board
may prepare and enforce an admission or readmission plan for any
pupil who is suspended, excluded or expelled from school. The
plan may include measures to improve the pupil's behavior and
require parental involvement in the admission or readmission
process, and may indicate the consequences to the pupil of not
improving the pupil's behavior.
Sec. 38. Minnesota Statutes 1992, section 127.38, is
amended to read:
127.38 [POLICIES TO BE ESTABLISHED.]
(a) The commissioner of education shall promulgate
guidelines to assist each school board. Each school board shall
establish uniform criteria for dismissal and adopt policies and
rules in writing to effectuate the purposes of sections 127.26
to 127.39. The policies will emphasize the prevention of
dismissal action through early detection of problems. The
policies shall recognize the continuing responsibility of the
school for the education of the pupil during the dismissal
period and help prepare the pupil for readmission.
(b) The commissioner shall actively encourage and assist
school districts to cooperatively establish alternative learning
programs that offer instruction to pupils who are dismissed from
school for willfully engaging in dangerous, disruptive, or
violent behavior, including for possessing a firearm in a school
zone.
Sec. 39. Minnesota Statutes 1992, section 272.02,
subdivision 8, is amended to read:
Subd. 8. [PROPERTY LEASED TO SCHOOL DISTRICTS.] Property
that is leased or rented to a school district is exempt from
taxation if it meets the following requirements:
(1) the lease must be for a period of at least 12
consecutive months;
(2) the terms of the lease must require the school district
to pay a nominal consideration for use of the building;
(3) the school district must use the property to provide
direct instruction in any grade from kindergarten through grade
12; special education for handicapped children; adult basic and
continuing education as described in section 124.26; preschool
and early childhood family education; or community education
programs, including provision of administrative services
directly related to the educational program at that site; and
(4) the lease must provide that the school district has the
exclusive use of the property during the lease period.
Sec. 40. Laws 1993, chapter 224, article 4, section 44,
subdivision 6, is amended to read:
Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid:
$1,827,000 ..... 1994
$1,986,000 $2,195,000 ..... 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 $1,909,000 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.
Sec. 41. Laws 1993, chapter 224, article 4, section 44,
subdivision 20, is amended to read:
Subd. 20. [LOCAL COLLABORATIVES.] (a) 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.
(b) Of the appropriation, $150,000 is for grants targeted
to assist in providing collaborative children's library service
programs. To be eligible, a family services or community-based
collaborative planning or implementation grant recipient must
collaborate with at least one public library and one child or
family organization. The public library must involve the
regional public library system and multitype library system to
which it belongs in the planning and provide for an evaluation
of the program.
(c) The amounts appropriated under this subdivision do not
cancel but are available until June 30, 1996.
Sec. 42. [EFFECTIVE DATES.]
Section 24 is effective for revenue for fiscal year 1995
and thereafter. Section 41 is effective the day following final
enactment.
ARTICLE 5
FACILITIES
Section 1. Minnesota Statutes 1993 Supplement, 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 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) Each fiscal year, if a district does not have any
obligations outstanding under chapter 475, has not levied under
section 124.239, subdivision 3 or 5, and has not received
revenue under section 124.83, a school board may use up to
one-third of its capital expenditure facilities revenue for
equipment uses under section 124.244.
(d) Notwithstanding paragraph (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) (e) In considering approval of a transfer under
paragraph (c) (d), clause (2), the commissioner must consider
the district's facility needs.
Sec. 2. Minnesota Statutes 1993 Supplement, section
124.244, subdivision 1, is amended to read:
Subdivision 1. [REVENUE AMOUNT.] (a) For fiscal years 1994
and year 1995, the capital expenditure equipment revenue for
each district equals $63 $66 times its actual pupil units for
the school year.
(b) For fiscal years 1996 and later, the capital
expenditure equipment revenue for each district equals $68 $69
times its actual pupil units for the school year.
(c) Of a district's capital expenditure equipment revenue,
$3 times its actual pupil units for the school year shall be
reserved and used according to subdivision 4, paragraph (b).
Sec. 3. Minnesota Statutes 1992, section 124.244,
subdivision 4, is amended to read:
Subd. 4. [USES OF REVENUE.] (a) Capital expenditure
equipment revenue may be used only for the following purposes:
(1) to pay capital expenditure equipment related
assessments of any entity formed under a cooperative agreement
between two or more districts;
(2) to purchase or lease computers and related materials,
copying machines, telecommunications equipment, and other
noninstructional equipment;
(3) to purchase or lease assistive technology or equipment
for instructional programs;
(4) to purchase textbooks;
(5) to purchase new and replacement library books; and
(6) to purchase vehicles except those for which a levy is
authorized under section 124.226, subdivision 6.
(b) The reserved capital expenditure equipment revenue
shall only be used to purchase or lease telecommunications
equipment, computers, and related equipment for integrated
information management systems for:
(1) managing and reporting learner outcome information for
all students under a results-oriented graduation rule;
(2) managing student assessment, services, and achievement
information required for students with individual education
plans; and
(3) other classroom information management needs.
(c) The equipment obtained with reserved revenue shall be
utilized, to the greatest extent possible given available
funding, on a per instructor or per classroom basis. A school
district may supplement its reserved revenue with other capital
expenditure equipment revenue, and cash and in-kind grants from
public and private sources.
Sec. 4. Minnesota Statutes 1992, section 124.46,
subdivision 3, is amended to read:
Subd. 3. The commissioner of finance shall maintain a
separate school loan bond account in the state bond fund,
showing all money transferred to that fund for the payment of
school loan bonds and all income received from the investment of
such money. On the first day of December in each year there
shall be transferred to the bond account all or so much of the
money then on hand in the loan repayment account in the maximum
effort school loan fund as will be sufficient, with the balance
then on hand in said bond account, to pay all principal and
interest then and theretofore due and to become due within the
next ensuing year and to and including July 1 in the second
ensuing year on school loan bonds issued and sold pursuant to
this section. In the event that moneys are not available for
such transfer in the full amount required, the state auditor
shall levy on all taxable property within the state a tax
sufficient to meet the deficiency. Such tax shall be and remain
subject to no limitation of rate or amount until all school loan
bonds and all interest thereon are fully paid. The proceeds of
this tax are hereby irrevocably appropriated and shall be
credited to the state bond fund, but the school loan bond
account is appropriated as the primary source of payment of such
bonds and interest, and only so much of said tax as may be
necessary is appropriated for this purpose. and if any principal
or interest on school loan bonds should become due at any time
when there is not on hand a sufficient amount from any of the
sources herein appropriated for the payment thereof, it the
moneys shall nevertheless be paid out of the general fund in the
state treasury according to section 16A.641, and the amount
necessary therefor is hereby appropriated; but any such payments
shall be reimbursed from the proceeds of taxes levied as
required herein, and any such payments made from taxes shall be
reimbursed from the loan repayment account in the maximum effort
school loan fund, when the balance therein is sufficient.
Sec. 5. Minnesota Statutes 1992, section 124.84, is
amended by adding a subdivision to read:
Subd. 4. [LEVY AUTHORITY IN COMBINED DISTRICTS.]
Notwithstanding subdivision 3, a district that has combined or
consolidated may levy up to 50 percent times $300,000 times the
number of former districts that operated on June 30, 1991, in
the area that now makes up the combined or consolidated
district. The approved amount is reduced by any amount levied
under subdivision 3 in the consolidated or combined district or
in the former districts that make up the consolidated or
combined district. Levy authority under this subdivision
expires at the same time as levy authority under subdivision 3.
Sec. 6. Minnesota Statutes 1993 Supplement, 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 25 15 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.
(d) "Commissioner" means the commissioner of public service.
Sec. 7. Minnesota Statutes 1992, section 124.85,
subdivision 2, is amended to read:
Subd. 2. [ENERGY EFFICIENCY CONTRACT.] (a) Notwithstanding
any law to the contrary, a school district may enter into a
guaranteed energy savings contract with a qualified provider to
significantly reduce energy or operating costs.
(b) Before entering into a contract under this subdivision,
the board shall provide published notice of the meeting in which
it proposes to award the contract, the names of the parties to
the proposed contract, and the contract's purpose.
Before installation of equipment, modification, or
remodeling, comply with clauses (1) to (5).
(1) The board shall seek proposals from multiple qualified
providers by publishing notice of the proposed guaranteed energy
savings contract in the board's official newspaper and in other
publications if the board determines that additional publication
is necessary to notify multiple qualified providers.
(2) The school board shall select the qualified provider
that best meets the needs of the board. The school board shall
provide public notice of the meeting at which it will select the
qualified provider.
(3) The contract between the board and the qualified
provider must describe the methods that will be used to
calculate the costs of the contract and the operational and
energy savings attributable to the contract.
(4) The qualified provider shall first issue a report,
summarizing estimates to the board giving a description of all
costs of installations, modifications, or remodeling, including
costs of design, engineering, installation, maintenance,
repairs, or debt service, and estimates giving detailed
calculations of the amounts by which energy or operating costs
will be reduced and the projected payback schedule in years.
(5) The board shall provide published notice of the meeting
in which it proposes to award the contract, the names of the
parties to the proposed contract, and the contract's purpose.
Sec. 8. Minnesota Statutes 1992, section 124.85, is
amended by adding a subdivision to read:
Subd. 2a. [EVALUATION BY COMMISSIONER.] Upon request of
the school board, the commissioner of public service shall
review the report required in subdivision 2 and provide an
evaluation to the board on the proposed contract within 15
working days of receiving the report. In evaluating the
proposed contract, the commissioner shall determine whether the
detailed calculations of the costs and of the energy and
operating savings are accurate and reasonable. The commissioner
may request additional information about a proposed contract as
the commissioner deems necessary. If the commissioner requests
additional information, the commissioner shall not be required
to submit an evaluation to the board within fewer than ten
working days of receiving the requested information.
Sec. 9. Minnesota Statutes 1992, section 124.85, is
amended by adding a subdivision to read:
Subd. 2b. [REVIEW OF SAVINGS UNDER CONTRACT.] Upon request
of the school board, the commissioner shall conduct a review of
the energy and operating cost savings realized under a
guaranteed energy savings contract every three years during the
period a contract is in effect. The commissioner shall compare
the savings realized under the contract during the period under
review with the calculations of savings included in the report
required under subdivision 2 and provide an evaluation to the
board concerning the performance of the system and the accuracy
and reasonableness of the claimed energy and operating cost
savings.
Sec. 10. Minnesota Statutes 1993 Supplement, 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 and the commissioner's evaluation if
requested, it the board 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 25 15 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 25 15 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. 11. Minnesota Statutes 1993 Supplement, 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 1/25 1/15 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
25-year 15-year term from the date of the first operation.
Sec. 12. Minnesota Statutes 1992, section 124.85, is
amended by adding a subdivision to read:
Subd. 7. [PUBLIC INFORMATION.] A guaranteed energy savings
contract must provide that all work plans and other information
prepared by the qualified provider in relation to the project,
including a detailed description of the project, are public data
after the contract is entered into, except information defined
as trade secret information under section 13.37, subdivision 1,
shall remain nonpublic data.
Sec. 13. Minnesota Statutes 1993 Supplement, 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 or personal property under an installment
contract or may lease real or personal 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.
(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.
(g) For the purposes of this subdivision, any references in
subdivision 1 to building or land shall be deemed to include
personal property.
Sec. 14. Minnesota Statutes 1993 Supplement, section
124.95, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the eligible debt service 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 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; and
(4) obligations under section 124.2455.
(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. 15. Minnesota Statutes 1992, section 124.95,
subdivision 4, is amended to read:
Subd. 4. [EQUALIZED DEBT SERVICE LEVY.] To obtain debt
service equalization revenue, a district must levy an amount not
to exceed the district's debt service equalization revenue times
the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax
capacity of the district for the year before the year the levy
is certified by the actual pupil units in the district for the
school year ending in the year prior to the year the levy is
certified; to
(2) 50 percent of the equalizing factor as defined in
section 124A.02, subdivision 8, for the year to which the levy
is attributable.
Sec. 16. Minnesota Statutes 1992, section 475.61,
subdivision 4, is amended to read:
Subd. 4. [SURPLUS FUNDS.] (a) All such taxes shall be
collected and remitted to the municipality by the county
treasurer as other taxes are collected and remitted, and shall
be used only for payment of the obligations on account of which
levied or to repay advances from other funds used for such
payments, except that any surplus remaining in the debt service
fund when the obligations and interest thereon are paid may be
appropriated to any other general purpose by the municipality.
However, the amount of any surplus remaining in the debt service
fund of a school district when the obligations and interest
thereon are paid shall be used to reduce the general education
levy authorized pursuant to section 124A.23 and the state aids
authorized pursuant to chapters 124, 124A, and 273.
(b) The reduction to state aids equals the lesser of (1)
the amount of the surplus times the ratio of the district's debt
service equalization aid to the district's debt service
equalization revenue for the last year that the district
qualified for debt service equalization aid; or (2) the
district's cumulative amount of debt service equalization aid.
(c) The reduction to the general education levy equals the
total amount of the surplus minus the reduction to state aids.
Sec. 17. Laws 1992, chapter 499, article 11, section 9, is
amended to read:
Sec. 9. [LAND TRANSFER.]
Subdivision 1. [PERMITTED.] (a) Notwithstanding Minnesota
Statutes, chapters 94 and 103F or any other law to the contrary,
the state of Minnesota may convey the land described in
paragraph (b) to independent school district No. 656, Faribault.
(b) The land which may be conveyed under paragraph (a) is
legally described in general as follows:
All that part of the Southeast Quarter of the Southwest
Quarter (SE 1/4 of SW 1/4) and all that part of the
Southwest Quarter of the Southeast Quarter (SW 1/4 of SE
1/4), all in Section 29, Township 110 North, Range 20 West,
in the City of Faribault, Rice County, Minnesota, owned by
the state of Minnesota or any department or division
thereof.
or
All that part of the Northwest Quarter of the Southwest
Quarter (NW 1/4 of SW 1/4) of Section 28, and of the
Northeast Quarter of the Southeast Quarter (NE 1/4 of SE
1/4) of Section 29, all in Township 110 North, Range 20
West, Rice County, Minnesota, owned by the State of
Minnesota or any department or division thereof.
(c) A more precise legal description in substantial
conformance with the description in paragraph (b) must be
provided by the grantee in the instruments of conveyance. Both
the precise legal descriptions and the instruments of conveyance
must be approved as to form by the attorney general.
Subd. 2. [CONSIDERATION.] The consideration for the
conveyance permitted by subdivision 1 is the amount at which the
parcel or parcels are appraised by a qualified state appraiser
who is appointed by agreement of the parties of $1.
Subd. 3. [APPROPRIATION.] The proceeds of the sale are
appropriated to the department of education for the use of the
state academies for whose account the sale is made and may be
used for capital improvements at the academies.
Subd. 4. [PURPOSE.] The land permitted to be conveyed
under subdivision 1 is to be used as part of a site for an
elementary school.
Subd. 4. [TITLE REVERTS TO STATE.] If the lands described
in subdivision 1 are not used for a public purpose, or upon
discontinuance of such use, the title for the property shall
revert to the state.
Sec. 18. Laws 1993, chapter 224, article 5, section 43, is
amended to read as follows:
Sec. 43. [EXCEPTION TO LEASE LIMIT LEASE SPACE;
EDUCATIONAL PURPOSES.]
Subdivision 1. [LEASE SPACE; BONDS.] The city of
Rollingstone may issue revenue bonds in accordance with
Minnesota Statutes, chapter 475, except as otherwise provided in
this section, to finance the acquisition, construction, and
equipping of a facility to be leased for educational purposes.
Subd. 2. [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.
Subd. 3. [PAYMENTS; LEVY.] (a) The payments required to be
made by the district under the agreement described in
subdivision 2 are fixed for the term of the agreement, except as
otherwise provided therein. Upon approval of the agreement
described in subdivision 2 by the commissioner of education and
the district, the district may shall levy for as many years as
required under the agreement a tax in the amount and at the
times necessary to make payments required by the agreement in
accordance with Minnesota Statutes, section 475.61. The
payments shall be a general obligation of the district and are
not subject to Minnesota Statutes, section 475.58.
(b) To obtain approval for the agreement described in
subdivision 2 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. 19. Laws 1993, chapter 224, article 5, section 46,
subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE FACILITIES AID.] For capital
expenditure facilities aid according to Minnesota Statutes,
section 124.243, subdivision 5:
$73,290,000 $73,390,000 ..... 1994
$75,980,000 $76,198,000 ..... 1995
The 1994 appropriation includes $10,730,000 for 1993 and
$62,560,000 $62,660,000 for 1994.
The 1995 appropriation includes $11,040,000 $11,058,000 for
1994 and $64,940,000 $65,140,000 for 1995.
Sec. 20. Laws 1993, chapter 224, article 5, section 46,
subdivision 3, is amended to read:
Subd. 3. [CAPITAL EXPENDITURE EQUIPMENT AID.] For capital
expenditure equipment aid according to Minnesota Statutes,
section 124.244, subdivision 3:
$36,049,000 $36,098,000 ..... 1994
$37,390,000 $38,998,000 ..... 1995
The 1994 appropriation includes $5,279,000 for 1993 and
$30,720,000 $30,819,000 for 1994.
The 1995 appropriation includes $5,430,000 $5,439,000 for
1994 and $31,960,000 $33,559,000 for 1995.
Sec. 21. Laws 1993, chapter 224, article 5, section 46,
subdivision 4, is amended to read:
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. In addition to the
criteria developed by the state board of education, for any
health and safety revenue authority that is redistributed, the
commissioner shall place highest priority on asbestos abatement
and removal projects in cases where school districts will lose
federal funds or federal loans if the projects are not started
or continued in fiscal year 1995 and second highest priority on
fire code compliance projects for special school district No. 6,
South St. Paul. The commissioner may request documentation as
necessary from school districts for the purpose of
reestablishing health and safety revenue priorities.
(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, and the amount of the
transfer must be determined and the transfer made as of November
1, 1994 1993. The projections and the amount of the transfer
may be revised to reflect corrected data as of June 1, 1994.
The transfer must be made as of July 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.
Sec. 22. [NASHWAUK-KEEWATIN; HEALTH AND SAFETY REVENUE.]
Notwithstanding the revenue limitation in Laws 1991,
chapter 265, article 5, section 24, subdivision 4, for
independent school district No. 319, Nashwauk-Keewatin, the full
amount of authority for health and safety projects approved by
the commissioner of education may be expended in fiscal year
1993, 1994, or 1995.
Sec. 23. [NASHWAUK-KEEWATIN; HEALTH AND SAFETY REVENUE USE
VARIANCE.]
Notwithstanding Minnesota Statutes, section 124.83,
subdivision 6, upon approval of the commissioner of education,
independent school district No. 319, Nashwauk-Keewatin, may use
its health and safety revenue in fiscal years 1994 and 1995 to
relocate its vocational center to a Nashwauk-Keewatin high
school garage.
Sec. 24. [CASS LAKE; CAPITAL LOAN CONTRACT DEADLINE
EXTENSION.]
Notwithstanding Minnesota Statutes 1993 Supplement, section
124.431, subdivision 1, for a capital loan granted to
independent school district No. 115, Cass Lake, contracts must
be entered into within 42 months after the date on which the
loan is granted.
Sec. 25. [FLOODWOOD.]
Subdivision 1. [HEALTH AND SAFETY REVENUE
EXPENDITURE.] Notwithstanding Minnesota Statutes, section
124.83, subdivision 6, independent school district No. 698,
Floodwood, may expend health and safety revenue for the
construction of new facilities.
Subd. 2. [FUND TRANSFER.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, and 124.243, subdivision
8, or any other law, independent school district No. 698,
Floodwood, may permanently transfer any amount from its health
and safety and facilities accounts in its capital expenditure
fund to its building construction fund.
Subd. 3. [DATE OF TRANSFER.] Independent school district
No. 698, Floodwood, may make the fund transfer according to
subdivision 2 only after the school district has held a
successful referendum for the sale of bonds according to the
provisions of Minnesota Statutes, chapter 475.
Sec. 26. [INDEPENDENT SCHOOL DISTRICT NO. 518,
WORTHINGTON.]
Subdivision 1. [BOND AUTHORITY.] To provide funds for the
construction of facilities to meet the educational and
residential needs of adolescents attending the Lakeview school
for whom independent school district No. 518, Worthington, has
the responsibility of providing services, independent school
district No. 518, Worthington, may, by two-thirds majority plus
one vote of all the members of the school board, issue general
obligation bonds in one or more series in calendar years 1994
and 1995 as provided in this section. The aggregate principal
amount of any bonds issued under this section for calendar years
1994 and 1995 may not exceed $2,600,000. Issuance of the bonds
is not subject to Minnesota Statutes, section 475.58 or 475.59.
If the school board proposes to issue bonds under this section,
it must publish a resolution describing the proposed bond issue
once each week for two successive weeks in a legal newspaper
published in the county of Nobles. The bonds may be issued
without the submission of the question of their issue to the
electors unless, within 30 days after the second publication of
the resolution, a petition requesting an election signed by a
number of people residing in the school district equal to ten
percent of the people registered to vote in the last general
election in the school district is filed with the recording
officer. If a petition is filed, no bonds shall be issued under
this section unless authorized by a majority of the electors
voting on the question at the next general or special election
called to decide the issue. The bonds must otherwise be issued
as provided in Minnesota Statutes, chapter 475. The authority
to issue bonds under this section is in addition to any bonding
authority authorized by Minnesota Statutes, chapter 124, or
other law. The commissioner of education shall not approve the
sale of bonds by independent school district No. 518,
Worthington, until the school district can demonstrate to the
commissioner's satisfaction that appropriate department of human
services approval, including licensure, will be granted.
Subd. 2. [DEBT SERVICE.] Independent school district No.
518, Worthington, shall include the yearly debt service amounts
in its required debt service levy under Minnesota Statutes,
section 124.95, subdivision 1, for purposes of receiving debt
service equalization aid. The district may add the portion of
the debt service levy remaining after equalization aid is paid
to the amount charged back to resident districts according to
Minnesota Statutes, section 120.17, subdivision 6, or 120.181.
If, for any reason, the receipt of payments from resident
districts and debt service equalization aid attributable to this
debt service is not sufficient to make the required debt service
payments, the district may levy under subdivision 3.
Subd. 3. [LEVY AUTHORITY.] To pay the principal of and
interest on bonds issued under subdivision 1, independent school
district No. 518, Worthington, shall levy a tax in an amount
sufficient under Minnesota Statutes, section 475.61,
subdivisions 1 and 3, to pay any portion of the principal of and
interest on the bonds that is not paid through the receipt of
debt service equalization aid and tuition payments under
subdivision 2. The tax authorized under this section is in
addition to the taxes authorized to be levied under Minnesota
Statutes, chapter 124A or 275, or other law.
Sec. 27. [INCREASE IN AUTHORIZATION.]
Notwithstanding any other law to the contrary, the approved
amount of indebtedness authorized by the electors of independent
school district No. 38, Red Lake, on December 10, 1991, may be
increased by resolution of the board of directors of independent
school district No. 38, Red Lake, from $9,926,070 to an amount
not to exceed $10,075,000.
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 indicated.
Subd. 2. [PLANNING GRANT.] For a grant to independent
school district Nos. 325, Lakefield; 328, Sioux Valley; 330,
Heron Lake-Okabena; 513, Brewster; and 516, Round Lake acting as
a joint powers agreement:
$100,000 ..... 1995
The grant is to cover costs associated with planning for
facility needs for a combined district. The facilities must
provide for the location of a significant number of
noneducational student and community service programs within the
facility.
Subd. 3. [COLLABORATION PLANNING GRANT, EAST CENTRAL
SCHOOL.] For a planning grant to independent school district No.
2580, East Central, to plan for a facility to house an area
learning center and a family and children's service center for
northern Pine county:
$50,000 ..... 1994
This appropriation is available until June 30, 1995.
The department must provide technical assistance. The
planning must address facility size and location, methods of
financing, and the types of services that would be provided.
The local governments planning this facility must provide a
match of $1 for every $2 of this appropriation. The local match
may be in-kind resources.
Subd. 4. [PLANNING GRANT; ELEMENTARY SCHOOL.] For a grant
and administrative expenses to facilitate a joint elementary
facility for independent school district Nos. 622, North St.
Paul-Maplewood; 833, South Washington County; and 834,
Stillwater.
$100,000 ..... 1995
The planning grant must be used to plan a joint elementary
facility that is continuous progress, performance-based,
collaboratively developed, and operated year-round. The
districts must report to the education committees of the
legislature on the progress of the project by March 1, 1995.
Sec. 29. [EFFECTIVE DATE.]
Section 24 is effective retroactive to July 1, 1993.
Sections 13; 18 to 21; 27; and 28 are effective the day
following final enactment. Section 1 is effective July 1, 1995.
ARTICLE 6
EDUCATION ORGANIZATION AND COOPERATION
Section 1. Minnesota Statutes 1993 Supplement, section
121.931, subdivision 5, is amended to read:
Subd. 5. [SOFTWARE DEVELOPMENT.] The commissioner shall
provide for the development of applications software for ESV-IS
and SDE-IS. The commissioner may charge school districts or
regional organizations cooperative units for the actual cost of
software development used by the district or regional entity
cooperative unit. Any amount received is annually appropriated
to the department of education for this purpose. A school
district or cooperative unit may not implement a payroll,
student, or staff software system after June 30, 1994, until the
system has been reviewed by the department to ensure that it
provides the required data elements and format.
Sec. 2. Minnesota Statutes 1992, section 121.935,
subdivision 6, is amended to read:
Subd. 6. [FEES.] Regional management information centers
may charge fees to affiliated districts for the cost of services
provided to the district and the district's proportionate share
of outstanding regional obligations, as defined in section
475.51, for computer hardware. If a district uses a state
approved alternative finance system for processing its detailed
transactions or transfers to another region, the district is
liable for its contracted proportionate share of the outstanding
regional obligation. The district is not liable for any
additional outstanding regional obligations that occur after
written notice is given to transfer or use an alternative
finance system. A regional management information center must
not charge a district for transferring the district's summary
financial data and essential data elements to the state. The
regional management information center may charge the district
for any service it provides to, or performs on behalf of, a
district to render the data in the proper format for reporting
to the state.
Sec. 3. Minnesota Statutes 1992, section 122.23,
subdivision 6, is amended to read:
Subd. 6. The state board commissioner shall, upon receipt
of a plat, forthwith examine it and approve, modify or reject
it. The state board commissioner shall also approve or reject
any proposal contained in the resolution or petition regarding
the disposition of the bonded debt of the component districts.
If the plat shows the boundaries of proposed separate election
districts and if the state board commissioner modifies the plat,
the state board commissioner shall also modify the boundaries of
the proposed separate election districts. Prior thereto the
state board or a member thereof or The commissioner or assistant
commissioner as designated by the state board shall conduct a
hearing at the nearest county seat in the area upon reasonable
notice to the affected districts and county boards if requested
within 20 days after submission of the plat. Such a hearing may
be requested by the board of any affected district, a county
board of commissioners, or the petition of 20 resident voters
living within the area proposed for consolidation. The state
board commissioner shall endorse on the plat its action
regarding any proposal for the disposition of the bonded debt of
component districts and its the reasons for its these actions
and within 60 days of the date of the receipt of the plat, it
the commissioner shall return it to the county auditor who
submitted it. The state board commissioner shall furnish a copy
of that plat, and the supporting statement and its endorsement
to the auditor of each county containing any land area of the
proposed new district. If land area of a particular county was
included in the plat, as submitted by the county auditor, and
all of such land area is excluded in the plat as modified and
approved, the state board commissioner shall also furnish a copy
of the modified plat, supporting statement, and its any
endorsement to the auditor of such county.
Sec. 4. Minnesota Statutes 1992, section 122.23,
subdivision 8, is amended to read:
Subd. 8. The board of any independent district maintaining
a secondary school, the board of any common district maintaining
a secondary school, all or part of whose land is included in the
proposed new district, shall, within 45 days of the approval of
the plat by the state board commissioner, either adopt or reject
the plan as proposed in the approved plat. If the board of any
such district entitled to act on the petition rejects the
proposal, the proceedings are terminated and dismissed. If any
board fails to act on the plat within the time allowed, the
proceedings are terminated.
Sec. 5. Minnesota Statutes 1992, section 122.23,
subdivision 10, is amended to read:
Subd. 10. If an approved plat contains land area in any
district not entitled to act on approval or rejection of the
plat by action of its board, the plat may be approved by the
residents of the land area within 60 days of approval of plat by
the state board commissioner in the following manner:
A petition calling upon the county auditor to call and
conduct an election on the question of adoption or rejection of
the plat may be circulated in the land area by any person
residing in the area. Upon the filing of the petition with the
county auditor, executed by at least 25 percent of the eligible
voters in each district or part of a district contained in the
land area, the county auditor shall forthwith call and conduct a
special election of the electors resident in the whole land area
on the question of adoption of the plat. For the purposes of
this section, the term "electors resident in the whole land area"
means any person residing on any remaining portion of land, a
part of which is included in the consolidation plat. Any
eligible voter owning land included in the plat who lives upon
land adjacent or contiguous to that part of the voter's land
included in the plat shall be included and counted in computing
the 25 percent of the eligible voters necessary to sign the
petition and shall also be qualified to sign the petition.
Failure to file the petition within 60 days of approval of the
plat by the state board commissioner terminates the proceedings.
Sec. 6. Minnesota Statutes 1992, section 122.23,
subdivision 13, is amended to read:
Subd. 13. If a majority of the votes cast on the question
at the election approve the consolidation, and if the necessary
approving resolutions of boards entitled to act on the plat have
been adopted, the school board shall, within ten days of the
election, notify the county auditor who shall, within ten days
of the notice or of the expiration of the period during which an
election can be called, issue an order setting a date for the
effective date of the change. The effective date shall be July
1 of an odd-numbered year, unless an even-numbered year is
agreed upon according to subdivision 13a the year determined by
the school board in the original resolution adopted under
subdivision 2. The auditor shall mail or deliver a copy of such
order to each auditor holding a copy of the plat and to the
clerk of each district affected by the order and to the
commissioner. The school board shall similarly notify the
county auditor if the election fails. The proceedings are then
terminated and the county auditor shall so notify the
commissioner and the auditors and the clerk of each school
district affected.
Sec. 7. Minnesota Statutes 1992, section 122.23, is
amended by adding a subdivision to read:
Subd. 20. [RETIREMENT INCENTIVES.] (a) For consolidations
effective July 1, 1994, and thereafter, a school board of a
district may offer early retirement incentives to licensed and
nonlicensed staff. The early retirement incentives that the
board may offer are:
(1) the payment of employer pension plan contributions for
a specified period of allowable service credit for district
employees who have at least ten years of allowable service
credit in the applicable pension plan under paragraph (b);
(2) an extended leave of absence for an eligible employee
under section 125.60;
(3) severance payment incentives under paragraph (c); and
(4) the employer payment of the premiums for continued
health insurance coverage under paragraph (d).
These incentives may only be offered to employees who
terminate active employment with the school district or who
enter into an extended leave of absence as a result of the
consolidation, whichever applies. The board may determine the
staff to whom the incentives are offered. Unilateral
implementation of this section by a school board is not an
unfair labor practice under chapter 179A.
(b) An employee with at least ten years of allowable
service credit in the applicable pension plan who is offered an
early retirement incentive under paragraph (a), clause (1), may
purchase up to five additional years of allowable service credit
from the applicable pension plan. To do so, the former employee
must pay the member contributions to the pension plan annually
in a manner and in accord with a schedule specified by the
executive director of the applicable fund. If the former
employee makes the member contribution, the board shall make the
applicable employer contribution. The salary used to determine
these contributions is the salary of the person in the last year
that the former employee was employed by the district. During
the period of continuing member and employer contributions, the
person is not considered to be an active member of the
applicable pension plan, is not eligible for any active member
disability or survivorship benefit coverage, and is not included
in any postemployment termination benefit plan changes unless
the applicable benefit legislation provides otherwise.
Continued eligibility to purchase service credit under this
paragraph expires if the person is subsequently employed during
the service purchase period by a public employer with retirement
coverage under a pension plan specified in section 356.30,
subdivision 3.
(c) Severance payment incentives must conform with sections
465.72, 465.721, and 465.722.
(d) The board may offer a former employee continued
employer-paid health insurance coverage. Coverage may not
extend beyond age 65 or the end of the first month in which the
employee is eligible for employer-paid health insurance coverage
from a new employer. For purposes of this subdivision,
"employer-paid health insurance coverage" means medical,
hospitalization, or health insurance coverage provided through
an insurance company that is licensed to do business in the
state and for which the employing unit pays more than one-half
of the cost of the insurance premiums.
(e) A school board may offer these incentives beginning on
the day that the consolidation is approved under section 122.23,
subdivision 12 or, if an election is not called under section
122.23, subdivision 9 or 10, on the day that the plat is
approved by the commissioner. A board may offer these
incentives until the June 30 following the effective date of the
consolidation.
Sec. 8. Minnesota Statutes 1992, section 122.531,
subdivision 9, is amended to read:
Subd. 9. [LEVY FOR SEVERANCE PAY OR EARLY RETIREMENT
INCENTIVES.] The school board of a newly created or enlarged
district, to which part or all of a dissolved district was
attached according to section 122.22 or 122.23, may levy for
severance pay or early retirement incentives for licensed and
nonlicensed employees who resign or retire early as a result of
the dissolution or consolidation, if the commissioner of
education approves the incentives and the amount to be levied.
The amount may be levied over a period of up to five years and
shall be spread in whole or in part on the property of a
preexisting district or the newly created or enlarged district,
as determined by the school board of the newly created or
enlarged district.
Sec. 9. Minnesota Statutes 1992, section 122.533, is
amended to read:
122.533 [EXPENSES OF TRANSITION.]
The newly elected board of a newly created district
pursuant to section 122.23 or the board of a district to which a
dissolved district is attached pursuant to section 122.22, may,
for the purpose of paying the expenses of negotiations and other
administrative expenses relating to the transition, enter into
agreements with banks or any person to take its orders at any
rate of interest not to exceed seven percent per annum. These
orders shall be paid by the treasurer of the district from
district funds after the effective date of the consolidation or
dissolution and attachment. Notwithstanding the provisions of
sections 124.226, 124.2716, 124.91, 124.912, 124.914, 124.916,
124.918, and 136C.411, the district may, in the year the
consolidation or dissolution and attachment becomes effective,
levy an amount equal to the amount of the orders issued pursuant
to this subdivision and the interest on these orders. No
district shall issue orders for funds or make a levy pursuant to
this subdivision without the commissioner's approval of the
expenses to be paid with the funds from the orders and levy.
Sec. 10. [122.98] [COOPERATIVE UNIT INSURANCE POOLS.]
Any cooperative unit defined in section 123.35, subdivision
19b, that directly manages a health insurance pool or provides
health insurance coverage through an insurance pool as a service
to members must create a labor-management committee
representative of the groups covered by the pool to advise the
governmental unit on management matters of the coverage.
Sec. 11. Minnesota Statutes 1992, section 123.35,
subdivision 19a, is amended to read:
Subd. 19a. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by any type
of formal or informal agreement, including a joint powers
agreement, or otherwise membership in any cooperative unit
defined in subdivision 19b, paragraph (d), to participate in or
provide financial support for the purposes of the agreement for
a time period in excess of one fiscal year, or the time period
set forth in this subdivision. Any agreement, part of an
agreement, or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred as a result of any agreement
before July 1, 1993. The school district is liable only until
the obligation or debt is discharged and only according to the
payment schedule in effect on July 1, 1993, except that the
payment schedule may be altered for the purpose of restructuring
debt or refunding bonds outstanding on July 1, 1993, if the
annual payments of the school district are not increased and if
the total obligation of the school district for its share of
outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities relating to the
agreement or to terminate participation in the agreement, the
school board shall adopt a resolution and notify other parties
to the agreement of its decision on or before February 1 of any
year. The cessation or withdrawal shall be effective June 30 of
the same year or, except that for a member of an education
district organized under sections 122.91 to 122.95 or an
intermediate district organized under chapter 136D, cessation or
withdrawal shall be effective June 30 of the following fiscal
year. At the option of the school board, cessation or
withdrawal may be effective June 30 of the following fiscal year
for a district participating in any type of agreement.
(d) Before issuing bonds or incurring other debt, the
governing body responsible for implementing the agreement shall
adopt a resolution proposing to issue bonds or incur other debt
and the proposed financial effect of the bonds or other debt
upon each participating district. The resolution shall be
adopted within a time sufficient to allow the school board to
adopt a resolution within the time permitted by this paragraph
and to comply with the statutory deadlines set forth in sections
122.895, 125.12, and 125.17. The governing body responsible for
implementing the agreement shall notify each participating
school board of the contents of the resolution. Within 120 days
of receiving the resolution of the governing body, the school
board of the participating district shall adopt a resolution
stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to terminate participation in the
agreement.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the governing body implementing the agreement. A
school board adopting a resolution according to clause (2) is
not liable for the bonded indebtedness or other debt, as
proposed by the governing body, related to the services or
activities in which the district ceases participating or
providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the governing body
implementing the agreement.
(e) After July 1, 1993, a district is liable according to
paragraph (d) for its share of bonded indebtedness or other debt
incurred by the governing body implementing the agreement to the
extent that the bonds or other debt are directly related to the
services or activities in which the district participates or for
which the district provides financial support. The district has
continued liability only until the obligation or debt is
discharged and only according to the payment schedule in effect
at the time the governing body implementing the agreement
provides notice to the school board, except that the payment
schedule may be altered for the purpose of refunding the
outstanding bonds or restructuring other debt if the annual
payments of the district are not increased and if the total
obligation of the district for the outstanding bonds or other
debt is not increased.
Sec. 12. Minnesota Statutes 1992, section 123.35, is
amended by adding a subdivision to read:
Subd. 19b. [WITHDRAWING FROM COOPERATIVE.] If a school
district withdraws from a cooperative unit defined in paragraph
(d), the distribution of assets and assignment of liabilities to
the withdrawing district shall be determined according to this
subdivision.
(a) The withdrawing district remains responsible for its
share of debt incurred by the cooperative unit according to
subdivision 19a. The school district and cooperative unit may
mutually agree, through a board resolution by each, to terms and
conditions of the distribution of assets and the assignment of
liabilities.
(b) If the cooperative unit and the school district cannot
agree on the terms and conditions, the commissioner of education
shall resolve the dispute by determining the district's
proportionate share of assets and liabilities based on the
district's enrollment, financial contribution, usage, or other
factor or combination of factors determined appropriate by the
commissioner. The assets shall be disbursed to the withdrawing
district in a manner that minimizes financial disruption to the
cooperative unit.
(c) Assets related to an insurance pool shall not be
disbursed to a member district under paragraph (b) of this
section.
(d) For the purposes of this section, a cooperative unit is:
(1) an education district organized under sections 122.91
to 122.95;
(2) a cooperative vocational center organized under section
123.351;
(3) an intermediate district organized under chapter 136D;
(4) an educational cooperative service unit organized under
section 123.58;
(5) a regional management information center organized
under section 121.935 or as a joint powers district according to
section 471.59.
Sec. 13. Minnesota Statutes 1992, section 123.35, is
amended by adding a subdivision to read:
Subd. 21. [APPEAL TO COMMISSIONER.] If a cooperative unit
as defined in subdivision 19b, paragraph (d), denies membership
in the unit to a school district, the school district may appeal
to the commissioner of education. The commissioner may require
the cooperative unit to grant the district membership.
Sec. 14. Minnesota Statutes 1993 Supplement, 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, and of the center
board, and of the 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. 15. Minnesota Statutes 1992, section 123.58,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT OF EDUCATIONAL COOPERATIVE SERVICE
UNITS.] (a) In furtherance of this policy, ten educational
cooperative service units are designated established. Each
unit, should it become operational, shall be termed an
educational cooperative service unit, hereafter designated as an
ECSU. Geographical boundaries for each ECSU shall coincide with
those identified in governor's executive orders 8, dated
September 1, 1971, and 59, dated May 29, 1973, issued pursuant
to the regional development act of 1969, Minnesota Statutes,
sections 462.381 to 462.397, with the following exceptions:
(i) (1) development regions one and two shall be combined
to form a single ECSU;
(ii) (2) development regions six east and six west shall be
combined to form a single ECSU;
(iii) (3) development regions seven east and seven west
shall be combined to form a single ECSU.
(b) The ECSU shall cooperate with the regional development
commission for the region with which its boundaries coincide but
shall not be responsible to nor governed by that regional
development commission.
(c) The geographic location of the central administrative
office of a school district shall determine the membership of
the total school district in a particular ECSU. Existing school
district boundaries shall not be altered as a result of this
section.
(d) Notwithstanding paragraphs (a), (b), and (c), a school
district may become a full member of an ECSU other than the one
in which its central administrative office is located if the
district is a member of an education district or a participant
in another cooperative agreement, and more than half of the
member districts of the education district or participants in
the cooperative agreement are members of another ECSU.
(e) Two or more identified ECSU units may, upon approval by
a majority of school boards of participating school districts in
each affected ECSU, be combined and administered as a single
ECSU unit but state assistance shall be allocated on the basis
of two or more ECSU units.
(f) The initial organization of each ECSU may occur only
upon petition to the state board of education by a majority of
all school districts in an ECSU. The state board of education
shall, upon receipt of this petition, invite representation from
all public school districts and shall encourage the
participation of nonpublic school administrative units to the
extent allowed by law in an ECSU at a regional meeting. The
state board of education shall then assist in the necessary
organizational activities for establishment of an ECSU pursuant
to the requirements of this section.
Sec. 16. Minnesota Statutes 1992, section 123.58,
subdivision 4, is amended to read:
Subd. 4. [MEMBERSHIP AND PARTICIPATION.] Full membership
in an ECSU shall be limited to public school districts of the
state but nonvoting associate memberships shall be available to
nonpublic school administrative units within the ECSU. A school
district may belong to one or more ECSUs. Participation in
programs and services provided by the ECSU shall be
discretionary. No school district shall be compelled to
participate in these services under authority of this
section. However, all school districts whose central
administrative offices are within that ECSU whose boundaries
coincide with those of development region 11 shall participate
in the planning and planning research functions of that ECSU.
All of the members of an education district shall belong to the
same ECSU, if any members belong to an ECSU. No planning or
planning research decision of that ECSU shall be binding on
these region 11 districts. Nonpublic school students and
personnel are encouraged to participate in programs and services
to the extent allowed by law.
Sec. 17. Minnesota Statutes 1993 Supplement, 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
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
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 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 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. 18. Minnesota Statutes 1993 Supplement, 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 commissioner.
Sec. 19. Minnesota Statutes 1993 Supplement, 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 and nonpublic
school administrative units within the ECSU, the nonpublic
school administrative units, and the 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 commissioner and other
appropriate agencies. The 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. 20. Minnesota Statutes 1993 Supplement, 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 assumes under section 123.35, subdivision 19b.
(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 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 by February 1 of the same year.
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 commissioner in
accordance with rules adopted by the state board of education
pursuant to chapter 14. The 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) (e) The ECSU is a public corporation and agency and as
such, no earnings or interests of the ECSU may inure to the
benefit of an individual or private entity.
Sec. 21. Minnesota Statutes 1993 Supplement, section
124.155, subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF ADJUSTMENT.] Each year state
aids and credits enumerated in subdivision 2 payable to any
school district, education district, or secondary vocational
cooperative for that fiscal year shall be adjusted, in the order
listed, by an amount equal to (1) the amount the district,
education district, or secondary vocational cooperative
recognized as revenue for the prior fiscal year pursuant to
section 121.904, subdivision 4a, clause (b), plus revenue
recognized according to section 121.904, subdivision 4e, minus
(2) the amount the district recognizes as revenue for the
current fiscal year pursuant to section 121.904, subdivision 4a,
clause (b), plus revenue recognized according to section
121.904, subdivision 4e. For the purposes of making the aid
adjustment under this subdivision, the amount the district
recognizes as revenue for either the prior fiscal year or the
current fiscal year pursuant to section 121.904, subdivision 4a,
clause (b), plus revenue recognized according to section
121.904, subdivision 4e, shall not include any amount levied
pursuant to sections 124.226, subdivision 9, 124.912,
subdivisions 2, 3, and 5, or a successor provision only for
those districts affected, 124.916, subdivisions 1 and 2,
124.918, subdivision 6, and 124A.03, subdivision 2; and Laws
1992, chapter 499, articles 1, section 20, and 6, section 36.
Payment from the permanent school fund shall not be adjusted
pursuant to this section. The school district shall be notified
of the amount of the adjustment made to each payment pursuant to
this section.
Sec. 22. [124.193] [PROHIBITED AID AND LEVIES.]
Unless specifically permitted in the provision authorizing
an aid or a levy, cooperative units of government defined in
section 123.35, subdivision 19b, paragraph (d), are prohibited
from making a property tax levy or qualifying for or receiving
any form of state aid.
Sec. 23. [124.2726] [CONSOLIDATION TRANSITION REVENUE.]
Subdivision 1. [ELIGIBILITY AND USE.] A school district
that has been reorganized under section 122.23 and has not
received revenue under section 124.2725 is eligible for
consolidation transition revenue. Revenue is equal to the sum
of aid under subdivision 2 and levy under subdivision 3.
Consolidation transition revenue may only be used according to
this section. Revenue must initially be used for the payment of
district costs for the early retirement incentives granted by
the district under section 122.23, subdivision 20. Any revenue
under subdivision 2 remaining after the payment of district
costs for the early retirement incentives must be used to reduce
operating debt as defined in section 121.915. Any additional
aid remaining after the reduction of operating debt must be
deposited in the district's general fund. Revenue received
under this section shall not be included in the determination of
the reduction under section 124A.26, subdivision 1.
Subd. 2. [AID.] Consolidation transition aid is equal to
$200 times the number of actual pupil units in the newly created
district in the year of consolidation and $100 times the number
of actual pupil units in the first year following the year of
consolidation. The number of pupil units used to calculate aid
in either year shall not exceed 1,000.
Subd. 3. [LEVY.] If the aid available in subdivision 2 is
insufficient to cover the costs of the district under section
122.23, subdivision 20, the district may levy the difference
over a period of time not to exceed three years.
Subd. 4. [NEW DISTRICTS.] If a district consolidates with
another district that has received consolidation transition aid
within six years of the effective date of the new consolidation,
only the pupil units in the district not previously reorganized
shall be counted for aid purposes under subdivision 2. If two
districts consolidate and both districts received aid under
subdivision 2 within six years of the effective date of the new
consolidation, only one quarter of the pupil units in the newly
created district shall be used to determine aid under
subdivision 2.
Sec. 24. Minnesota Statutes 1993 Supplement, section
124.2727, subdivision 6a, is amended to read:
Subd. 6a. [DISTRICT COOPERATION REVENUE.] A district's
cooperation revenue is equal to the greater of $50 $67 times the
actual pupil units or $25,000.
Sec. 25. Minnesota Statutes 1993 Supplement, section
124.2727, subdivision 6d, is amended to read:
Subd. 6d. [REVENUE USES.] (a) 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.
(b) A district that is was a member of an intermediate
school district organized pursuant to chapter 136D may not
access revenue under this section on July 1, 1994, must place
its district cooperation revenue in a reserved account and must
allocate a portion of the reserved revenue for instructional
services from entities formed for cooperative services for
special education programs and secondary vocational programs.
The allocated amount is equal to the levy made according to
section 124.2727, subdivision 6, for taxes payable in 1994
divided by the actual pupil units in the intermediate school
district for fiscal year 1995 times the number of actual pupil
units in the school district in 1995. The district must use
5/11 of the revenue for special education and 6/11 of the
revenue for secondary vocational education. The district must
demonstrate that the revenue is being used to provide the full
range of special education and secondary vocational programs and
services available to each child served by the intermediate.
The secondary vocational programs and service must meet the
requirements established in an articulation agreement developed
between the state board of education and the higher education
board.
(c) A district that was not a member of an intermediate
district organized under chapter 136D on July 1, 1994, must
spend at least $9 per pupil unit of its district cooperation
revenue on secondary vocational programs.
Sec. 26. Minnesota Statutes 1993 Supplement, section
124.2727, is amended by adding a subdivision to read:
Subd. 9. [PRORATION.] (a) If the total appropriation
available for district cooperation aid for any fiscal year, plus
any amount transferred under section 124.14, subdivision 7, is
insufficient to pay all districts the full amount of aid earned,
the department of education shall reduce each district's
district cooperation revenue according to the calculations in
paragraphs (b) to (d).
(b) If there is insufficient district cooperation aid
available, the department must recompute the district
cooperation revenue by proportionally reducing the formula
allowance and the revenue minimum to the levels that result in
an aid entitlement, adjusted by the percentage in section
124.195, subdivision 10, equal to the amount available. The
levy amounts must not be recomputed.
(c) A district's proration aid reduction is equal to the
lesser of zero, or the difference of the existing aid
calculation minus the aid amount computed for the district under
paragraph (b).
(d) If a district's proration aid reduction is less than
its revenue reduction, its district cooperation levy authority
for the following year must be reduced by the amount of the
difference between its revenue reduction and its aid reduction.
Sec. 27. [124.2728] [SPECIAL CONSOLIDATION AID.]
Subdivision 1. [ELIGIBILITY.] A school district that
reorganizes under section 122.23 or sections 122.241 to 122.248
effective on or after July 1, 1994, is eligible for special
consolidation aid under this section. A district may receive
aid under this section for only three years.
Subd. 2. [AID CALCULATION.] Special consolidation aid for
a reorganized school district is calculated by computing the sum
of:
(1) the difference between the total amount of early
childhood family education revenue under section 124.2711
available to the districts involved in the reorganization in the
fiscal year prior to the effective date of reorganization and
the maximum amount of early childhood family education revenue
available to the reorganized district in the current year; and
(2) the difference between the total amount of community
education revenue under section 124.2713 available to the
districts involved in the reorganization in the fiscal year
prior to the reorganization and the maximum amount of community
education revenue available to the reorganized district in the
current year.
Subd. 3. [AID AMOUNT.] In the fiscal year that the
reorganization is effective, special combination aid is equal to
the aid calculated under subdivision 2 times 100 percent. In
the fiscal year following the effective date of reorganization,
special combination aid is equal to the aid calculated under
subdivision 2 times 67 percent. In the second fiscal year
following the effective date of reorganization, special
combination aid is equal to the aid calculated under subdivision
2 times 33 percent.
Sec. 28. Minnesota Statutes 1993 Supplement, 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 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. 29. Minnesota Statutes 1993 Supplement, 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 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 $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 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 to which the levy is
certified attributable; 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.
(d) The revenue in the first year after reorganization for
a district that has reorganized under section 122.22, 122.23, or
122.241 to 122.247 shall be the greater of:
(1) the revenue computed for the reorganized district under
paragraph (a), or
(2)(i) for two districts that reorganized, 75 percent of
the revenue computed as if the districts involved in the
reorganization were separate, or
(ii) for three or more districts that reorganized, 50
percent of the revenue computed as if the districts involved in
the reorganization were separate.
Sec. 30. Minnesota Statutes 1993 Supplement, section
124C.60, is amended to read:
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 consolidated under section 122.23 or combined
under section 122.242 sections 122.241 to 122.248, may apply are
eligible for a capital facilities 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. To qualify
the following criteria must be met:
(1) the proposed facility changes are part of the plan
according to section 122.242, subdivision 10, or the plan
adopted by the reorganized district according to section
124.243, subdivision 1;
(2) the changes proposed to a facility must be needed to
accommodate changes in the educational program due to the
reorganization;
(3) the utilization of the facility for educational
programs is at least 85 percent of capacity; and
(4) the grant will be used only to remodel or improve
existing facilities.
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
122.124, subdivision 6, clauses (4), (6), (7), (8), (9), and
(10).
Sec. 31. Minnesota Statutes 1992, section 136D.281, is
amended by adding a subdivision to read:
Subd. 8. [EXPIRATION.] The intermediate school board may
not issue bonds under this section after July 1, 1994.
Sec. 32. Minnesota Statutes 1992, section 136D.741, is
amended by adding a subdivision to read:
Subd. 8. [EXPIRATION.] The intermediate school board may
not issue bonds under this section after July 1, 1994.
Sec. 33. Minnesota Statutes 1992, section 136D.88, is
amended by adding a subdivision to read:
Subd. 8. [EXPIRATION.] The intermediate school board may
not issue bonds under this section after July 1, 1994.
Sec. 34. Laws 1992, chapter 499, article 6, section 34,
subdivision 2, is amended to read:
Subd. 2. The authority in subdivision 1 expires if the
members of the joint school district have not combined according
to Minnesota Statutes 1990, section 122.244, by July 1, 1996
1997.
Sec. 35. Laws 1993, chapter 224, article 6, section 30,
subdivision 2, is amended to read:
Subd. 2. [COOPERATION AND COMBINATION AID.] For aid for
districts that cooperate and combine according to Minnesota
Statutes, section 124.2725:
$3,516,000 $3,848,000 ..... 1994
$3,979,000 $3,647,000 ..... 1995
The 1994 appropriation includes $591,000 for 1993 and
$2,925,000 $3,257,000 for 1994.
The 1995 appropriation includes $516,000 $574,000 for 1994
and $3,463,000 $3,073,000 for 1995.
Sec. 36. [VERDI DEBT.]
Subdivision 1. [REDISTRIBUTION OF VERDI ASSETS AND
LIABILITIES.] The commissioner of education shall revise the
initial order for the distribution of assets and liabilities
issued under Minnesota Statutes, section 122.22, subdivision 20,
in the dissolution of former independent school district No.
408, Verdi. The revised order shall specify that an amount
equal to the sum of clauses (1) and (2) shall be distributed to
independent school districts No. 404, Lake Benton, and No. 583,
Pipestone, in proportion to the amount of adjusted net tax
capacity in the former Verdi district that was attached to each
district.
(1) the reorganization operating debt in the former Verdi
district as calculated under Minnesota Statutes, section
121.915; and
(2) the cost of removing the two underground storage tanks
from the school building site in the former Verdi district minus
the sum of the proceeds from the sale of the site and building
and reimbursements related to removing the tanks.
Subd. 2. [DISTRICTS MAY LEVY FOR DEBT.] The Lake Benton
and Pipestone school districts may levy according to Minnesota
Statutes, section 122.531 for the amount calculated under
subdivision 1. The districts may direct the county auditors to
spread the levy only upon property within the boundaries of the
former Verdi school district.
Subd. 3. [AID ADJUSTMENT.] The commissioner shall subtract
an amount equal to the overpayment of state aids to the former
Verdi district from the Lake Benton and Pipestone school
districts in proportion to the amount of adjusted net tax
capacity in the former Verdi district that was attached to each
district.
Subd. 4. [AID TRANSFER.] By December 31, 1995, the
Pipestone school district shall transfer to the Lake Benton
school district any portion of the amount calculated under
subdivision 1 that is attributable to the Pipestone district and
that has been paid by the Lake Benton district.
Sec. 37. [DISTRICT COOPERATION HOLD HARMLESS AID.]
For fiscal year 1995, the cooperation hold harmless aid for
a district that was a member of intermediate school district No.
287 is equal to the cooperation formula allowance times the
fiscal year 1994 pupil units less the district cooperation
revenue for fiscal year 1995.
The cooperation formula allowance is equal to the sum of
the amounts in clauses (1) to (3):
(1) the average per pupil allocation of the regional
reporting subsidy grant under Minnesota Statutes 1992, section
121.935, subdivision 5, received in fiscal year 1994 by the
regional management information center to which the district
belonged in fiscal year 1994;
(2) the average per pupil allocation of state aid according
to Laws 1993, chapter 224, article 6, section 30, subdivision 3,
received by the ECSU in which the district was a full member in
fiscal year 1994; and
(3) the average per pupil allocation of the intermediate
district levy certified in 1992 for taxes payable in 1993 under
Minnesota Statutes, section 124.2727, subdivision 6, by the
intermediate district to which the district belonged in fiscal
year 1994.
Sec. 38. [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 districts No. 427, Winsted, No. 880, Howard Lake-Waverly,
No. 341, Atwater, No. 461, Cosmos, and No. 464, Grove City, is
fiscal year 1995.
Sec. 39. [UNDERLEVY AND RECOGNITION.]
Notwithstanding Minnesota Statutes, section 124.2727,
subdivision 6c, for district cooperation revenue for fiscal year
1995, a district's aid shall not be reduced if it does not levy
the full amount permitted. Notwithstanding Minnesota Statutes,
section 124.918, subdivision 6, the full amount of school
district cooperation levy attributable to fiscal year 1995 shall
be recognized in fiscal year 1995.
Sec. 40. [OSLO SCHOOL DISTRICT DISSOLUTION.]
If a consolidation vote under Minnesota Statutes, section
122.23, involving independent school district No. 442, Oslo, and
independent school district No. 2163, Warren-Alvarado, held
prior to June 1, 1994, fails in either of the districts, the
Oslo district may dissolve under this section. The dissolution
shall occur following the adoption of a resolution by the board
calling for the dissolution and shall be effective July 1,
1994. The commissioner of education shall by order determine
the plat and the allocation of property, assets, and
liabilities, including any outstanding bonded indebtedness, to
neighboring districts. The commissioner shall consider the best
educational interests of the students in each of the districts
in making the determination. The order may be amended as
necessary. The commissioner shall inform the county auditors in
the affected counties of the order. Any referendum levy in the
district expires. The school districts to which the district is
attached may levy under other provisions of law that would
otherwise apply if the district had dissolved under Minnesota
Statutes, section 122.22.
The school board of the district to which the dissolved
district is attached may determine how a levy to eliminate
reorganization debt is spread under Minnesota Statutes, section
122.531, subdivision 4a, paragraph (b). Notwithstanding
Minnesota Statutes, section 122.531, subdivision 2, referendum
revenue in the enlarged district does not cancel unless
otherwise scheduled to expire. The commissioner shall recompute
the referendum tax rate or per pupil amount, as applicable, to
raise the same amount of revenue in the enlarged district as
would have been raised had the dissolution not occurred.
Minnesota Statutes, sections 122.531, subdivision 4a, and
122.532 shall apply to the dissolution.
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 indicated.
Subd. 2. [CONSOLIDATION AID.] For consolidation aid
according to section 124.2726:
$430,000 ..... 1995
The appropriation is based on an entitlement of $505,000
for fiscal year 1995.
Subd. 3. [TRANSITION AID FOR INFORMATION SUPPORT.] For
information reporting support and software for ESV information
systems:
$800,000 ..... 1995
This appropriation is to ensure an orderly transition from
a state supported system to a system where school districts
purchase needed services. The department must support local
school districts in preparing information required by the
state. Data reported to the state must meet state reporting
standards. The amount of this appropriation shall be phased out
in the 1996-1997 biennium. $150,000 of this amount is for
additional INTERNET support in school districts. Up to $300,000
of this amount is for ESV system software support only to the
extent that it is needed for changes in department reporting
requirements.
Subd. 4. [SPECIAL CONSOLIDATION AID.] For special
consolidation aid under section 124.2728:
$70,000 ....... 1995
Subd. 5. [DISTRICT COOPERATION REVENUE.] For district
cooperation revenue:
$4,330,000 ....... 1995
$230,000 of this appropriation is for district cooperation
hold harmless aid under section 37.
Subd. 6. [ITV GRANTS; CARVER OR SCOTT COUNTY.] For grants
to school districts with their administrative offices in Carver
or Scott county for the construction, maintenance, or lease
costs of an interactive television system for instructional
purposes:
$189,000 ....... 1995
Subd. 7. [CAPITAL FACILITIES GRANTS.] For grants under
Minnesota Statutes, section 124C.60:
$500,000 ....... 1995
Subd. 8. [ITV GRANT; CROMWELL.] For a grant to independent
school district No. 95, Cromwell:
$125,000 ....... 1995
The grant must be used to construct an interactive
television transmission line. This appropriation is only
available to the extent it is matched by the district with local
and nonlocal sources. The district may levy up to $50,000 to
provide its share of local sources.
Sec. 42. [REPEALER.]
Minnesota Statutes 1992, sections 121.904, subdivision 4e;
121.935, subdivision 7; 122.23, subdivision 13a; 122.91,
subdivisions 5 and 7; 122.93, subdivision 7; 122.937; 122.94,
subdivisions 2, 3, and 6; 122.945; 136D.22, subdivision 3;
136D.27; 136D.71, subdivision 2; 136D.73, subdivision 3;
136D.74, subdivisions 2a, 2b, and 4; 136D.82, subdivision 3; and
136D.87; Minnesota Statutes 1993 Supplement, sections 121.935,
subdivision 5; 124.2727, subdivisions 6, 7, and 8; and Laws
1992, chapter 499, article 6, section 39, subdivision 3, are
repealed.
Sec. 43. [EFFECTIVE DATE.]
Sections 36 and 40 are effective the day following final
enactment. Sections 24 and 25 are effective for revenue for
fiscal year 1995.
ARTICLE 7
COMMITMENT TO EXCELLENCE
Section 1. Minnesota Statutes 1993 Supplement, section
121.11, subdivision 7c, is amended to read:
Subd. 7c. [RESULTS-ORIENTED GRADUATION RULE.] (a) 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 ninth grade in the 1996-1997
school year. 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.
(b) Assessments used to measure knowledge required by all
students for graduation must be developed according to the most
current version of professional standards for educational
testing.
(c) The content of the graduation rule must differentiate
between minimum competencies and rigorous standards.
(d) The state board shall periodically review and report on
the assessment process with the expectation of expanding high
school graduation requirements.
(e) The state board shall report to the legislature
annually by January 15 on its progress in developing and
implementing the graduation requirements until such time as all
the graduation requirements are implemented.
Sec. 2. Minnesota Statutes 1993 Supplement, section
124A.225, subdivision 4, is amended to read:
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 Laws 1993, chapter 224, under Minnesota
Statutes 1992, section 124.331, subdivision 2. A school
district may use a portion of the revenue reserved under this
section to employ up to the same number of full-time equivalent
education assistants or aides as the district employed during
the 1992-1993 school year under Minnesota Statutes 1992, section
124.331, subdivision 2.
Sec. 3. Minnesota Statutes 1993 Supplement, section
124A.29, subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT, AND PARENTAL
INVOLVEMENT REVENUE.] (a) Of a district's basic revenue under
section 124A.22, subdivision 2, an amount equal to one percent
in fiscal year 1994, two percent in fiscal year 1995, and 2.5
percent in fiscal year 1996 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 programs under section 126.77,
subdivision 2, challenging instructional activities and
experiences or for staff development programs, for the purpose
of improving student achievement of education outcomes plans,
including plans for challenging instructional activities and
experiences under section 126.70, subdivisions 1 and
2a. Districts may expend an additional amount of basic revenue
for staff development based on their needs. The school board
shall initially allocate 50 percent of the revenue to each
school site in the district on a per teacher basis, which shall
be retained by the school site until used. 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 authorized under section 126.70 or 126.77,
subdivision 2, and 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.
Parental involvement programs may include career teacher
programs, programs promoting parental involvement in the PER
process, coordination of volunteer services, participation in
developing, implementing, or evaluating school
desegregation/integration plans, and programs designed to
encourage community involvement.
Sec. 4. Minnesota Statutes 1993 Supplement, section
124A.292, subdivision 3, is amended to read:
Subd. 3. [STAFF DEVELOPMENT LEVY.] A district's levy
equals its revenue times the lesser of one or the ratio of:
(1) the quotient derived by dividing the district's
adjusted net tax capacity per actual pupil unit for the year
before the year the levy is certified by the district's actual
pupil units for the school year to which the levy is
attributable, to
(2) the equalizing factor for the school year to which the
levy is attributable.
Sec. 5. Minnesota Statutes 1992, section 125.03, is
amended by adding a subdivision to read:
Subd. 6. [ASSESSMENT PROFESSIONALS.] When a school board
of a school district with 10,000 pupils or more in average daily
membership employs a person to administer or interpret
individual aptitude, intelligence or personality tests, the
person must hold a graduate level degree related to
administering and interpreting psychological assessments.
Sec. 6. Minnesota Statutes 1993 Supplement, section
125.230, subdivision 3, is amended to read:
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
collaboration with one or more teacher 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 resident's direct
classroom supervision responsibilities that exceed shall not
exceed 80 percent of the instructional time required of a
full-time equivalent teacher in the district. During
the remaining time, a teaching resident does not supervise a
class, the resident shall participate in professional
development activities according to the individual plan
developed by the resident in conjunction with the school's
mentoring team. Examples of development activities include
observing other teachers, sharing experiences with other
teaching residents, and professional meetings and workshops.
Sec. 7. Minnesota Statutes 1993 Supplement, section
125.230, subdivision 4, is amended to read:
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 in the district. 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.
Sec. 8. Minnesota Statutes 1993 Supplement, section
125.230, subdivision 6, is amended to read:
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. unless:
(1) there is no teacher available who is properly licensed
to fill the vacancy, who has been placed on unrequested leave of
absence in the district, and who wishes to be reinstated; and
(2) the district's collective bargaining agreement includes
a memorandum of understanding that permits teaching residents to
fill an existing teaching position.
Sec. 9. Minnesota Statutes 1993 Supplement, 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
commissioner shall adopt a schedule for fee subsidies that may
allow payment of the entire fee for low-income families, as
defined by the commissioner. The commissioner may also
determine the circumstances under which the fee is subsidized,
in whole or in part. The commissioner shall determine
procedures for state payments of fees.
Sec. 10. Minnesota Statutes 1993 Supplement, section
126.70, subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school
board shall use the revenue authorized in section 124A.29 for
in-service education for programs under section 126.77,
subdivision 2, or for staff development plan plans under this
subdivision section. 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, and special education. The advisory
committee must also include nonteaching staff, parents, and
administrators. Districts shall report staff development
results to the commissioner in the form and manner determined by
the commissioner.
Sec. 11. Minnesota Statutes 1993 Supplement, section
126.70, subdivision 2a, is amended to read:
Subd. 2a. [STAFF DEVELOPMENT OUTCOMES.] (a) The staff
development committee shall adopt a staff development plan for
the improvement of improving student achievement of education
outcomes. The plan must be consistent with education
outcomes determined by the school board that the school board
determines. The plan shall include activities that enhance
staff skills for achieving the following outcomes:
(1) foster readiness for learning for all pupils;
(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 using 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 (3) meet
pupils' individual needs by using alternative instructional
opportunities that recognize pupils' individual needs and
utilize, accommodations, modifications, after-school child care
programs, and 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;
(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 (4) effectively
meet the needs of children with disabilities within the regular
classroom setting and other settings by improving the knowledge
of school personnel about the legal and programmatic
requirements affecting students with disabilities, and by
improving staff ability to collaborate, consult with one
another, and resolve conflicts; and
(5) provide equal educational opportunities for all
students that are consistent with the school
desegregation/integration and inclusive education policies
adopted by school districts and approved by the state.
(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
The staff development committee is strongly encouraged to
include in its plan activities for achieving the following
outcomes:
(1) facilitate organizational changes by enabling a
site-based team composed of pupils, parents, school personnel,
representatives of children with disabilities, and community
members who generally reflect the racial composition of the
school to address the pupils' needs;
(2) evaluate the effectiveness of education policies,
processes, and products through appropriate evaluation
procedures that include multiple criteria and indicators;
(3) provide effective mentorship oversight and peer review
of probationary, continuing contract, and nonprobationary
teachers;
(4) assist elementary and secondary students in learning to
resolve conflicts in effective, nonviolent ways;
(5) effectively teach and model violence prevention policy
and curricula that address issues of sexual, racial, and
religious harassment; and
(6) provide challenging instructional activities and
experiences, including advanced placement and international
baccalaureate programs, that recognize and cultivate students'
advanced abilities and talents.
Sec. 12. Laws 1993, chapter 224, article 7, section 28,
subdivision 3, is amended to read:
Subd. 3. [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.] For the state advanced placement (AP)
and international baccalaureate (IB) programs, including
training programs, support programs, and examination fee
subsidies:
$300,000 ..... 1994
$300,000 $750,000 ..... 1995
Any balance remaining in the first year does not cancel but
is available in the second year.
Of the fiscal year 1995 amount, $550,000 is for examination
fee subsidies. Notwithstanding Minnesota Statutes, section
126.39, subdivision 3, in fiscal year 1995, the commissioner
shall pay the fee for one AP or IB examination for the first
exam each student takes. The commissioner shall pay 50 percent
of the fee for each additional exam a student takes or more than
50 percent if the student meets the low-income guidelines
established by the commissioner. If this amount is not
adequate, the commissioner may pay less than 50 percent for the
additional exams.
Sec. 13. Laws 1993, chapter 224, article 7, section 28,
subdivision 4, is amended to read:
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. Any balance remaining in
the first year does not cancel but is available in the second
year.
Sec. 14. Laws 1993, chapter 224, article 7, section 28,
subdivision 11, is amended to read:
Subd. 11. [SCHOOL RESTRUCTURING GRANTS.] For school
restructuring grants under section 22:
$500,000 $750,000 ..... 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 for expenses incurred in fiscal year 1994 and an
additional $250,000 of this amount may be used for a grant for
this purpose in fiscal year 1995.
Sec. 15. [TEACHER PREPARATION CURRICULUM.]
(a) Consistent with Laws 1993, chapter 224, article 12,
section 34, the state board of teaching, with the assistance of
organizations representing diverse cultures, shall decide
whether or not to include in the curriculum for preparing all
beginning social studies teachers a study of anthropology that
encompasses a study of the indigenous people of the midwest, and
a study of history of the indigenous people that encompasses a
study of the Minnesota area in precolonial times through the
twentieth century.
(b) Consistent with Laws 1993, chapter 224, article 12,
section 34, the state board of teaching shall ensure that the
human relations curriculum of all teacher preparation programs
includes components of American Indian language, history, and
culture.
Sec. 16. [TIME AND TECHNOLOGY ENHANCED CURRICULUM SCHOOL
PILOT PROJECT.]
Subdivision 1. [ESTABLISHMENT.] A three-year pilot project
is established to allow independent school district No. 94,
Cloquet, to develop a Time and Technology Enhanced Curriculum
school. The purpose of the project is to improve student
achievement through individualized instruction and year-round
education. For purposes of Minnesota Statutes, section 126.12,
subdivision 1, the pilot program established in this subdivision
is a flexible learning year program under Minnesota Statutes,
sections 120.59 to 120.67.
Subd. 2. [REPORT.] Independent school district No. 94,
Cloquet, shall report on the pilot project to the education
committees of the legislature annually by February 1, beginning
February 1, 1995, and ending February 1, 1997.
Sec. 17. [INSTRUCTIONAL TRANSFORMATION THROUGH TECHNOLOGY
GRANTS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A grant program
is established to help school districts work together and with
higher education institutions, businesses, local government
units, and community organizations in order to facilitate
individualized learning and manage information by employing
technological advances, especially computers and related
products. Recipients shall use grant proceeds to:
(1) develop personalized learning plans designed to give
learners more responsibility for their learning success and
change the role of teacher to learning facilitator;
(2) match and allocate resources;
(3) create a curriculum environment that is multiplatform;
(4) provide user and contributor access to electronic
libraries;
(5) schedule activities;
(6) automate progress reports;
(7) increase collaboration between school districts and
sites, and with businesses, higher education institutions, and
local government units;
(8) correlate state-defined outcomes to curriculum units
for each student;
(9) increase accountability through a reporting system; and
(10) provide technical support, project evaluation,
dissemination services, and replication.
Subd. 2. [ELIGIBILITY; APPLICATION.] A grant applicant
must be a school district or a group of school districts that
demonstrates collaboration with businesses and higher education
institutions. Community organizations and local government
units may also be involved. The commissioner of education shall
prescribe the form and manner of applications. The commissioner
shall form an advisory panel consisting of representatives of
teachers, school administrators, school boards, parents,
students, higher education, and business to assist in the grant
selection process. The commissioner, in consultation with the
advisory panel, may award grants to applicants likely to meet
the outcomes in subdivision 1.
Subd. 3. [REPORTING.] A grant recipient shall report to
the commissioner annually at a time specified by the
commissioner on the extent to which it is meeting the outcomes
specified in subdivision 1.
Sec. 18. [EDUCATIONAL PERFORMANCE IMPROVEMENT GRANT PILOT
PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] An educational performance
improvement grant pilot program is established to provide
incentives to school districts to improve student achievement
and increase accountability for results. The state board of
education may enter into contracts with school districts to
award the grants.
Subd. 2. [ELIGIBILITY; APPLICATION.] A school district is
eligible to apply for an educational performance improvement
grant. The application shall be on a form approved by the
commissioner of education. The commissioner shall make
recommendations to the state board of education on which
districts should be considered for a grant contract. The
commissioner shall give priority to school districts:
(1) in which at least one school has received a school
improvement incentive grant under Minnesota Statutes 1993
Supplement, section 121.602, subdivision 5; and
(2) that demonstrate a commitment to increasing
accountability by using a results-oriented system for measuring
student achievement.
Subd. 3. [CONTRACT.] The state board of education may
enter into a one-year contract with a school district for the
purpose of awarding an educational performance improvement
grant. The state board shall award a grant only for measurable
gains in student achievement. The terms of the contract shall
at minimum address:
(1) the criteria and assessments to be used in measuring
student achievement;
(2) the district's baseline level of student achievement;
(3) the level of student achievement to be reached under
the contract;
(4) a timeline for determining whether the contract goals
have been met; and
(5) at the discretion of the state board, provisions
governing the award of a partial grant to the district if the
contract goals are not fully met.
Subd. 4. [REPORT.] The state board of education shall make
a preliminary report on the pilot project to the education
committees of the legislature by February 15, 1995, and a final
report by January 15, 1996.
Sec. 19. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education in the fiscal year designated.
Subd. 2. [TIME AND TECHNOLOGY ENHANCED CURRICULUM.] For a
grant to independent school district No. 94, Cloquet, for the
time and technology enhanced curriculum pilot project:
$83,000 ....... 1995
Subd. 3. [TECHNOLOGY GRANTS.] For instructional
transformation through technology grants:
$1,600,000 ....... 1995
The amount appropriated under this section does not cancel
but is available until June 30, 1996.
Subd. 4. [EDUCATIONAL PERFORMANCE IMPROVEMENT GRANTS.] For
an educational performance improvement grant pilot project under
section 10:
$800,000 ....... 1995
The state board of education shall enter into contracts to
award at least three grants, one each to an urban, suburban, and
rural school district. This appropriation is available until
June 30, 1996, unless the commissioner has entered into a
contract and has certified to the commissioner of finance the
amount needed to make payments on the contract. Any remaining
appropriation shall cancel June 30, 1996.
Subd. 5. [COALITION FOR EDUCATION REFORM AND
ACCOUNTABILITY.] For support for the activities of the coalition
for education reform and accountability as established in Laws
1993, chapter 224, article 1, section 35:
$50,000 ....... 1995
Sec. 20. [EFFECTIVE DATE.]
Sections 2; 14; 15; and 17 are effective the day following
final enactment.
ARTICLE 8
OTHER EDUCATION PROGRAMS
Section 1. Minnesota Statutes 1993 Supplement, section
121.11, subdivision 7d, is amended to read:
Subd. 7d. [DESEGREGATION DESEGREGATION/INTEGRATION,
INCLUSIVE EDUCATION, AND LICENSURE RULES.] (a) The state board
may make rules relating to desegregation
desegregation/integration, inclusive education, and licensure of
school personnel not licensed by the board of teaching.
(b) In adopting a rule related to school
desegregation/integration, the state board shall address the
need for equal educational opportunities for all students and
racial balance as defined by the state board.
Sec. 2. [121.1601] [OFFICE OF DESEGREGATION/INTEGRATION.]
Subdivision 1. [ESTABLISHMENT.] (a) An office of
desegregation/integration is established in the department of
education to coordinate and support activities related to
student enrollment, student and staff recruitment and retention,
transportation, and interdistrict cooperation among metropolitan
school districts.
(b) At the request of a metropolitan school district
involved in cooperative desegregation/integration efforts, the
office shall perform any of the following activities:
(1) assist districts with interdistrict student transfers,
including student recruitment, counseling, placement, and
transportation;
(2) coordinate and disseminate information about schools
and programs;
(3) assist districts with new magnet schools and programs;
(4) assist districts in providing staff development and
in-service training; and
(5) coordinate and administer staff exchanges.
(c) The office shall collect data on the efficacy of
districts' desegregation/integration efforts and make
recommendations based on the data. The office shall
periodically consult with the metropolitan council to coordinate
school desegregation/integration efforts with the housing,
social, economic, and infrastructure needs of the metropolitan
area. The office shall develop a process for resolving
students' disputes and grievances about student transfers under
a desegregation/integration plan.
Subd. 2. [COORDINATION.] The commissioner shall coordinate
the office activities under subdivision 1 with new or existing
department and state board of education efforts to accomplish
school desegregation/integration. The commissioner may request
information or assistance from, or contract with, any state or
local agency or officer, local unit of government, or recognized
expert to assist the commissioner in performing the activities
described in subdivision 1.
Subd. 3. [ADVISORY BOARD.] The commissioner shall
establish an advisory board composed of:
(1) eight superintendents, each of whom shall be selected
by the superintendents of the school districts located in whole
or in part within each of the eight metropolitan districts
established under section 473.123, subdivision 3c; and
(2) one person each selected by the Indian Affairs Council,
the Asian-Pacific Minnesotans, the Council on Black Minnesotans,
and the Spanish Speaking Affairs Council.
The advisory board shall advise the office on complying
with the requirements under subdivision 1. The advisory board
may solicit comments from teachers, parents, students, and
interested community organizations and others.
Sec. 3. Minnesota Statutes 1992, section 121.912,
subdivision 5, is amended to read:
Subd. 5. [ACCOUNT TRANSFER FOR CERTAIN SEVERANCE PAY.] A
school district may maintain in a designated for certain
severance pay account not more than 50 percent of the amount
necessary to meet the obligations for the portion of severance
pay that constitutes compensation for accumulated sick leave to
be used for payment of premiums for group insurance provided for
former employees by the district. The amount necessary shall be
calculated according to standards established by the advisory
council on uniform financial accounting and reporting
standards. If there is a deficit in any year in any reserved
fund balance account, the district shall transfer the amount
necessary to eliminate the deficit from the designated for
certain severance pay account to the reserved fund balance
account.
Sec. 4. Minnesota Statutes 1992, section 123.3514,
subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section, an
"eligible institution" means a Minnesota public post-secondary
institution, a private, nonprofit two-year trade and technical
school granting associate degrees, an opportunities
industrialization center accredited by the north central
association of colleges and schools, or a private, residential,
two-year or four-year, liberal arts, degree-granting college or
university located in Minnesota. "Course" means a course or
program.
Sec. 5. Minnesota Statutes 1992, section 124.214,
subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278,
sections 270.07, 375.192, or otherwise, the net tax capacity of
any school district for any taxable year is changed after the
taxes for that year have been spread by the county auditor and
the local tax rate as determined by the county auditor based
upon the original net tax capacity is applied upon the changed
net tax capacities, the county auditor shall, prior to February
1 of each year, certify to the commissioner of education the
amount of any resulting net revenue loss that accrued to the
school district during the preceding year. Each year, the
commissioner shall pay an abatement adjustment to the district
in an amount calculated according to the provisions of this
subdivision. This amount shall be deducted from the amount of
the levy authorized by section 275.48 124.912, subdivision 9.
The amount of the abatement adjustment shall be the product of:
(1) the net revenue loss as certified by the county
auditor, times
(2) the ratio of:
(a) the sum of the amounts of the district's certified levy
in the preceding year according to the following:
(i) section 124A.23 if the district receives general
education aid according to that section, or section 124B.20, if
the education district of which the district is a member
receives general education aid according to that section;
(ii) section 124.226, subdivisions 1 and 4, if the district
receives transportation aid according to section 124.225;
(iii) section 124.243, if the district receives capital
expenditure facilities aid according to that section;
(iv) section 124.244, if the district receives capital
expenditure equipment aid according to that section;
(v) section 124.83, if the district receives health and
safety aid according to that section;
(vi) sections 124.2713, 124.2714, and 124.2715, if the
district receives aid for community education programs according
to any of those sections;
(vii) section 275.125, subdivision 8b, if the district
receives early childhood family education aid according to
section 124.2711;
(viii) section 124.321, subdivision 3, if the district
receives special education levy equalization aid according to
that section;
(ix) section 124A.03, subdivision 1g, if the district
receives referendum equalization aid according to that section;
and
(x) section 124A.22, subdivision 4a, if the district
receives training and experience aid according to that section;
(b) to the total amount of the district's certified levy in
the preceding October, plus or minus auditor's adjustments.
Sec. 6. Minnesota Statutes 1992, section 124.278,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBLE DISTRICT.] A district is eligible
for reimbursement under this section if the district has:
(1) a minority enrollment of more than ten percent; or
(2) a desegregation/integration plan approved by the state
board of education to provide equal educational opportunities
for all students.
Sec. 7. Minnesota Statutes 1993 Supplement, section
124.6469, subdivision 3, is amended to read:
Subd. 3. [PROGRAM REIMBURSEMENT.] (a) 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.
(b) In addition to paragraph (a), each school year the
state shall reimburse schools 10.5 cents for each free and
reduced price breakfast not eligible for the "severe need" rate
if between 33 and 40 percent of the school lunches served during
the second preceding school year were served free or at a
reduced price.
Sec. 8. Minnesota Statutes 1992, section 124.6472,
subdivision 1, is amended to read:
Subdivision 1. [BREAKFAST REQUIRED.] A school district
shall offer a school breakfast program in every school building
in which at least 40 33 percent of the school lunches served
during the second preceding school year were served free or at a
reduced price.
Sec. 9. Minnesota Statutes 1992, section 124.912, is
amended by adding a subdivision to read:
Subd. 9. [ABATEMENT LEVY.] (a) Each year, a school
district may levy an amount to replace the net revenue lost to
abatements that have occurred under chapter 278, section 270.07,
375.192, or otherwise. The maximum abatement levy is the sum of:
(1) the amount of the net revenue loss determined under
section 124.214, subdivision 2, that is not paid in state aid
including any aid amounts not paid due to proration;
(2) the difference of (i) the amount of any abatements that
have been reported by the county auditor for the first six
months of the calendar year during which the abatement levy is
certified that the district chooses to levy, (ii) less any
amount actually levied under this clause that was certified in
the previous calendar year for the first six months of the
previous calendar year; and
(3) an amount equal to any interest paid on abatement
refunds.
(b) A district may spread this levy over a period not to
exceed three years.
By July 15, the county auditor shall separately report the
abatements that have occurred during the first six calendar
months of that year to the commissioner of education and each
school district located within the county.
Sec. 10. Minnesota Statutes 1992, section 124.914,
subdivision 1, is amended to read:
Subdivision 1. [1977 STATUTORY OPERATING DEBT.] (1) In
each year in which so required by this subdivision, a district
shall make an additional levy to eliminate its statutory
operating debt, determined as of June 30, 1977, and certified
and adjusted by the commissioner. This levy shall not be made
in more than 20 30 successive years and each year before it is
made, it must be approved by the commissioner and the approval
shall specify its amount. This levy shall be an amount which is
equal to the amount raised by a levy of a net tax rate of 1.66
percent times the adjusted net tax capacity of the district for
the preceding year for taxes payable in 1991 and thereafter;
provided that in the last year in which the district is required
to make this levy, it shall levy an amount not to exceed the
amount raised by a levy of a net tax rate of 1.66 percent times
the adjusted net tax capacity of the district for the preceding
year for taxes payable in 1991 and thereafter. When the sum of
the cumulative levies made pursuant to this subdivision and
transfers made according to section 121.912, subdivision 4,
equals an amount equal to the statutory operating debt of the
district, the levy shall be discontinued.
(2) The district shall establish a special account in the
general fund which shall be designated "appropriated fund
balance reserve account for purposes of reducing statutory
operating debt" on its books and records. This account shall
reflect the levy authorized pursuant to this subdivision. The
proceeds of this levy shall be used only for cash flow
requirements and shall not be used to supplement district
revenues or income for the purposes of increasing the district's
expenditures or budgets.
(3) Any district which is required to levy pursuant to this
subdivision shall certify the maximum levy allowable under
section 124A.23, subdivision 2, in that same year.
(4) Each district shall make permanent fund balance
transfers so that the total statutory operating debt of the
district is reflected in the general fund as of June 30, 1977.
Sec. 11. Minnesota Statutes 1993 Supplement, section
124.914, subdivision 4, is amended to read:
Subd. 4. [1992 OPERATING DEBT.] (a) Each year For taxes
payable for calendar year 2003 and earlier, 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 lesser 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. 12. Minnesota Statutes 1993 Supplement, section
124A.225, subdivision 4, is amended to read:
Subd. 4. [REVENUE USE.] (a) Revenue must be used according
to either paragraph (b), (c), or (d).
(b) 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.
(c) Notwithstanding paragraph (b), for fiscal year 1995, a
district with exceptional need as defined in subdivision 6,
paragraph (a), may use the revenue to reduce and maintain the
district's instructor-to-learner ratios in kindergarten through
grade 6 to a level that is at least 2.0 less than the district's
adopted staffing ratio, if the remaining learning and
development revenue is used to continue or initiate staffing
patterns that meet the needs of a diverse student population.
Programs to meet the needs of a diverse student population may
include programs for at-risk pupils and learning enrichment
programs.
(d) For fiscal year 1995 only, in any school building that
meets the characteristics of exceptional need as defined in
subdivision 6, paragraph (b), a district may use the revenue to
employ education assistants or aides supervised by a learner's
regular instructor to assist learners in those school buildings.
(e) 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 Laws 1993, chapter 224,
under Minnesota Statutes 1992, section 124.331, subdivision 2.
Sec. 13. Minnesota Statutes 1993 Supplement, section
124A.225, is amended by adding a subdivision to read:
Subd. 6. [EXCEPTIONAL NEED DEFINED.] (a) A school district
is considered to have exceptional need if the district has the
following characteristics:
(1) ten percent or more of the district's pupils are
eligible for free and reduced lunch as of October 1 of the
previous fiscal year;
(2) ten percent or more of the district's pupils are
students of color;
(3) the district's adjusted net tax capacity divided by its
pupil units for the current year is less than $3,500; and
(4) the district's general education revenue per pupil unit
is less than the average general education revenue per pupil
unit for the economic development region in which the district
is located.
(b) A school building is considered to have exceptional
need if the school building has the following characteristics:
(1) 50 percent or more of the school building's pupils are
eligible for free and reduced lunch as of October 1 of the
previous fiscal year;
(2) the adjusted net tax capacity of the district in which
the school building is located, divided by the district's pupil
units for the current year, is less than $3,500; and
(3) the district's general education revenue per pupil unit
is less than the average general education revenue per pupil
unit for the economic development region in which the district
is located.
Sec. 14. Minnesota Statutes 1993 Supplement, 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 granted an initial teaching license to provide
direct instruction to pupils in 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 that
includes a formal diagnostic component 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
that includes a formal diagnostic component and mentoring 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) A person who has completed an approved teacher
preparation program and obtained a one-year license to teach,
but has not successfully completed the skills examination, may
renew the one-year license for two additional one-year periods.
Each renewal of the one-year license is contingent upon the
licensee:
(1) providing evidence of participating in an approved
remedial assistance program provided by a school district or
post-secondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not
obtain qualifying scores; and
(2) attempting to successfully complete the skills
examination during the period of each one-year license.
(d) The board of teaching shall grant continuing licenses
only to those persons who have met board criteria for granting a
continuing license, which includes successfully completing the
skills examination in reading, writing, and mathematics.
Sec. 15. Minnesota Statutes 1992, section 125.09,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS FOR REVOCATION.] The board of
teaching or the state board of education, whichever has
jurisdiction over a teacher's licensure, may, on the written
complaint of the board employing a teacher, or of a teacher
organization, or of any other interested person, which complaint
shall specify the nature and character of the charges, suspend
or revoke such teacher's license to teach for any of the
following causes:
(1) Immoral character or conduct;
(2) Failure, without justifiable cause, to teach for the
term of the teacher's contract;
(3) Gross inefficiency or willful neglect of duty; or
(4) Failure to meet licensure requirements; or
(5) Fraud or misrepresentation in obtaining a license.
For purposes of this subdivision, the board of teaching is
delegated the authority to suspend or revoke coaching licenses
under the jurisdiction of the state board of education.
Sec. 16. Minnesota Statutes 1993 Supplement, section
125.138, subdivision 9, is amended to read:
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; and
(5) evidence that collaboration between post-secondary
educators and early childhood through grade 12 educators will
enable school districts to better provide equal educational
opportunities for all students.
Sec. 17. Minnesota Statutes 1993 Supplement, 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 a person to successfully
complete a skills examination in reading, writing, and
mathematics before being admitted to a teacher preparation
program as a requirement for initial teacher licensure. 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) 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.
(g) The board shall grant licenses to interns and to
candidates for initial licenses.
(h) 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.
(i) The board shall receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.
(j) 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.
(k) 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. 18. Minnesota Statutes 1992, section 125.188,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] (a) A preparation program
that is an alternative to the post-secondary teacher preparation
program as a means to acquire an entrance license is
established. The program may be offered in any instructional
field.
(b) To participate in the alternative preparation program,
the candidate must:
(1) have a bachelor's degree;
(2) pass an examination of skills in reading, writing, and
mathematics as required by section 125.05;
(3) have been offered a job to teach in a school district,
group of districts, or an education district approved by the
board of teaching to offer an alternative preparation licensure
program;
(4)(i) have a college major in the subject area to be
taught; or
(ii) have five years of experience in a field related to
the subject to be taught; and
(5) document successful experiences working with children.
(c) An alternative preparation license is of one year
duration and is issued by the board of teaching to participants
on admission to the alternative preparation program.
(d) The board of teaching shall ensure that one of the
purposes of this program is to enhance the school
desegregation/integration policies adopted by the state.
Sec. 19. Minnesota Statutes 1993 Supplement, section
125.231, subdivision 1, is amended to read:
Subdivision 1. [TEACHER MENTORING PROGRAMS.] School
districts are encouraged to develop teacher mentoring programs
for teachers new to the profession or district, including
teaching residents, teachers of color, teachers with special
needs, or experienced teachers in need of peer coaching.
Sec. 20. Minnesota Statutes 1993 Supplement, section
125.231, subdivision 4, is amended to read:
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; and
(8) retain teachers of color.
Sec. 21. Minnesota Statutes 1993 Supplement, section
125.623, subdivision 3, is amended to read:
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,
including educational paraprofessionals, 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. 22. Minnesota Statutes 1993 Supplement, section
125.706, is amended to read:
125.706 [PREPARATION TIME.]
Beginning with agreements effective July 1, 1995, and
thereafter, all collective bargaining agreements for teachers
provided for under 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
classroom 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. 23. [126.43] [SUMMER CULTURAL EXCHANGE GRANT
PROGRAM.]
Subdivision 1. [CULTURAL EXCHANGE PROGRAM GOALS.] A
cultural exchange grant program is established to develop and
create opportunities for children and staff of different ethnic,
racial, and other cultural backgrounds to experience educational
and social exchange. Student and staff exchanges under this
section may only take place between a district with a
desegregation plan approved by the state board of education and
a district without a desegregation plan. Participating school
districts shall offer summer programs for credit with the goals
set forth in paragraphs (a) to (d).
(a) The program shall develop curriculum reflective of
particular ethnic, racial, and other cultural aspects of various
demographic groups in the state.
(b) The program shall develop immersion programs that are
coordinated with the programs offered in paragraph (a).
(c) The program shall create opportunities for students
from across the state to enroll in summer programs in school
districts other than the one of residence, or in other schools
within their district of residence.
(d) The program shall create opportunities for staff
exchanges on a cultural basis.
Subd. 2. [CULTURAL EXCHANGE GRANTS.] A school district
together with a group of school districts, a cooperative
governmental unit, the center for arts and education, or a
post-secondary institution may apply for cultural exchange
grants. The commissioner of education shall determine grant
recipients and may adopt application guidelines. The grants
must be competitively determined and applicants must demonstrate:
(1) the capacity to develop a focused curriculum that
reflects the particular ethnic, racial, and other cultural
aspects of the community in which the school where the program
is offered is located;
(2) the capacity to develop immersion programs coordinated
with the curriculum developed in clause (1);
(3) the capacity to coordinate a cultural exchange program
with other curriculum programs to assure continuity in a pupils
education;
(4) the capacity to maximize diversity of ethnic, racial,
and other cultural backgrounds of participants;
(5) that the application is jointly developed by
participants; and
(6) that the outcomes of the exchange program are clearly
articulated.
Subd. 3. [GRANT USE.] The grants may be used for staff
time including salary and benefit expenses and costs for
substitute staff, travel expenses, curriculum materials, and any
other expense needed to meet the goals of the program. Grant
proceeds also may be used for transportation, board, and lodging
expenses for students.
Sec. 24. [126.84] [MALE RESPONSIBILITY AND FATHERING
GRANTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
education, in consultation with the commissioner of human
services, shall make male responsibility and fathering grants to
youth or parenting programs that collaborate with school
districts to educate young people, particularly males ages ten
to 21, on the responsibilities of parenthood.
Subd. 2. [MATCHING MONEY.] Each dollar of state money must
be matched with at least 50 cents of nonstate money including
in-kind contributions. Those programs with a higher match will
have a greater chance of receiving a grant.
Subd. 3. [EXPECTED OUTCOMES.] Grant recipients shall use
the funds for programs designed to prevent teen pregnancy and to
prevent crime in the long term. Recipient programs must assist
youth to:
(1) understand the connection between sexual behavior,
adolescent pregnancy, and the roles and responsibilities of
marriage and parenting;
(2) understand the long-term responsibility of fatherhood;
(3) understand the importance of fathers in the lives of
children;
(4) acquire parenting skills and knowledge of child
development; and
(5) find community support for their roles as fathers and
nurturers of children.
Subd. 4. [GRANT APPLICATIONS.] (a) An application for a
grant may be submitted by a youth or parenting program whose
purpose is to reduce teen pregnancy or teach child development
and parenting skills in collaboration with a school district.
Each grant application must include a description of the
program's structure and components, including collaborative and
outreach efforts; an implementation and evaluation plan to
measure the program's success; a plan for using males as
instructors and mentors; and a cultural diversity plan to ensure
that staff or teachers will reflect the cultural backgrounds of
the population served and that the program content is culturally
sensitive.
(b) Grant recipients must, at a minimum, provide education
in responsible parenting and child development, responsible
decision-making related to marriage and relationships, and the
legal implications of paternity. Grant recipients also must
provide public awareness efforts in the collaborating school
district. Grant recipients may offer support groups, health and
nutrition education, and mentoring and peer teaching.
(c) A grant applicant must establish an advisory committee
to assist the applicant in planning and implementation of a
grant. The advisory committee must include student
representatives, adult males from the community, representatives
of community organizations, teachers, parent educators, and
representatives of family social service agencies.
Subd. 5. [ADMINISTRATION.] The commissioner of education
shall administer male responsibility and fathering grants. The
commissioner shall establish a grant review committee composed
of teachers and representatives of community organizations,
student organizations, and education or family social service
agencies that offer parent education programs.
Subd. 6. [REPORT.] The commissioner shall report to the
legislature on the progress of the male responsibility and
fathering programs by January 15, 1996.
Sec. 25. Minnesota Statutes 1993 Supplement, 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,
given to each district employee and independent contractor at
the time of entering into the person's employment contract, 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. 26. Minnesota Statutes 1992, section 136A.125,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE INSTITUTION.] A Minnesota public
post-secondary institution or, a Minnesota private,
baccalaureate degree granting college or university located in
Minnesota, or a Minnesota nonprofit two-year vocational
technical school granting associate degrees is eligible to
receive child care funds from the board and disburse them to
eligible students.
Sec. 27. Minnesota Statutes 1992, section 179A.07,
subdivision 6, is amended to read:
Subd. 6. [TIME OFF.] A public employer must afford
reasonable time off to elected officers or appointed
representatives of the exclusive representative to conduct the
duties of the exclusive representative and must, upon request,
provide for leaves of absence to elected or appointed officials
of the exclusive representative or to a full-time appointed
official of an exclusive representative of teachers in another
Minnesota school district.
Sec. 28. Minnesota Statutes 1993 Supplement, section
275.48, is amended to read:
275.48 [ADDITIONAL TAX LEVIES IN CERTAIN TAXING DISTRICTS.]
When by virtue of chapter 278, sections 270.07, 375.192, or
otherwise, the net tax capacity of a city, or 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, or 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. 29. Laws 1993, chapter 224, article 8, section 20,
subdivision 2, is amended to read:
Subd. 2. [FELLOWSHIP GRANTS.] (a) For fellowship grants to
highly qualified minorities seeking alternative preparation for
licensure:
$100,000 ..... 1994
$100,000 $150,000 ..... 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.
Sec. 30. Laws 1993, chapter 224, article 8, section 22,
subdivision 6, is amended to read:
Subd. 6. [SCHOOL BREAKFAST.] To operate the school
breakfast program:
$200,000 ..... 1994
$200,000 $400,000 ..... 1995
$200,000 in 1995 is for reimbursements under section
124.6469, subdivision 3, paragraph (b). 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.
Sec. 31. Laws 1993, chapter 224, article 8, section 22,
subdivision 12, is amended to read:
Subd. 12. [TEACHERS OF COLOR PROGRAM.] For grants to
school districts for the teachers of color program:
$300,000 ..... 1994
$300,000 $500,000 ..... 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.
Sec. 32. Laws 1993, chapter 224, article 12, section 39,
is amended to read:
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; and 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; and 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 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;
3530.7800; and chapter 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; 8700.6410; 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; 8700.9000; 8700.9010; 8700.9020; 8700.9030;
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. 33. [REVIVAL OF RULES.]
Notwithstanding Minnesota Statutes, section 645.36,
Minnesota Rules, parts 8700.6410, 8700.9000, 8700.9010,
8700.9020, and 8700.9030, repealed in Laws 1993, chapter 224,
article 12, section 39, paragraph (a), are revived on the
effective date of section 32.
Sec. 34. [STAFFING.]
The commissioner of education shall provide staffing to
develop the proposed amended rules on school
desegregation/integration and educational diversity, to be
adopted by the state board of education, as directed by the
legislature.
Sec. 35. [GRANTS TO PROVIDE FREE BREAKFASTS TO ELEMENTARY
SCHOOL CHILDREN.]
Subdivision 1. [ESTABLISHMENT.] A grant program for fiscal
year 1995 is established to explore the policy of providing
nutritious breakfasts to all children in elementary school,
without regard to whether the children are eligible to receive
free or reduced price breakfasts, so that they can learn
effectively.
Subd. 2. [ELIGIBILITY.] An applicant for a grant must be
an elementary school that participates in the federal school
breakfast and lunch programs. For a school to receive a grant,
at least 15 percent of the school's enrolled children must have
qualified to receive a free or reduced price lunch during the
1993-1994 school year.
Subd. 3. [APPLICATION PROCESS.] To obtain a grant to
receive reimbursement for providing breakfasts to all children,
whether or not the children are from low-income families and
eligible to receive free or reduced price meals, an elementary
school must submit an application to the education commissioner
in the form and manner prescribed by the commissioner. The
application must describe how the applicant will encourage all
children in the school to participate in the breakfast program.
The commissioner may require additional information from the
applicant.
Subd. 4. [GRANT AWARDS.] The commissioner shall award four
grants: for each of two grant recipients, between 15 and 40
percent of the enrolled children must have qualified to receive
a free or reduced price lunch during the 1993-1994 school year;
for each of the remaining two grant recipients, more than 40
percent of the enrolled children must have qualified to receive
a free or reduced price lunch during the 1993-1994 school year.
The four schools that the commissioner selects must have an
elementary school population that in total does not exceed 2,400
pupils in average daily membership. Grant recipients must be
located throughout the state. The amount of the grant shall
equal the statewide average cost for the 1993-1994 school year
for every breakfast the recipient serves under this program
during the 1994-1995 school year minus any state and federal
reimbursement the recipient receives for providing free and
reduced price breakfasts during the 1994-1995 school year.
Grant recipients must use the proceeds to provide breakfasts to
school children.
Subd. 5. [EVALUATION.] The commissioner shall evaluate the
four grant sites and two control sites to determine the impact
that the universal breakfast program has on children's school
performance, including discipline in the school, students' test
scores, attendance rates, and other measures of educational
achievement. The commissioner shall report the results of the
evaluation to the education committees of the legislature by
January 31, 1996.
Sec. 36. [REPORT ON SCHOOL MEALS PROGRAMS.]
The commissioner of education shall review the nutrition
needs of K-12 students and the extent to which poor nutrition
interferes with effective learning, and shall review the current
school breakfast and lunch programs and the role of these
programs in improving educational achievement and contributing
to the long-term health of Minnesota children. The commissioner
shall identify barriers to participating in the school meals
programs and shall make recommendations to the education
committees of the legislature and the legislative commission on
children, youth, and their families by January 31, 1995, to:
(1) improve student nutrition to increase the educational
achievement of all children and to improve the overall learning
climate;
(2) more effectively integrate the school meals program
into the school day;
(3) eliminate barriers to universal participation in school
meals programs;
(4) reduce paperwork and other administrative burdens
associated with the school meals programs so that resources can
be redirected to pay for program expansion and improving the
nutritional integrity of the program; and
(5) enable Minnesota to maximize federal funds for school
meals programs.
Sec. 37. [REVENUE ADJUSTMENTS.]
After appropriate study and such public hearings as may be
necessary, the commissioner of education shall recommend to the
legislature by February 1, 1995, a policy for ensuring the
school districts participating in a metropolitan-wide school
desegregation/integration plan are not financially disadvantaged
as a result of participating in the plan.
Sec. 38. [MAGNET SCHOOL AND PROGRAM GRANTS.]
(a) The commissioner of education, in consultation with the
desegregation/integration office under Minnesota Statutes,
section 121.025, shall award grants to school districts and
chartered public schools for planning and developing magnet
schools and magnet programs.
(b) Grant recipients must use the grant money under
paragraph (a) to establish or operate a magnet school or a
magnet program and provide all students with equal educational
opportunities. Grant recipients may expend grant money on:
(1) teachers who provide instruction or services to
students in a magnet school or magnet program;
(2) educational paraprofessionals who assist teachers in
providing instruction or services to students in a magnet school
or magnet program;
(3) clerical support needed to operate a magnet school or
magnet program;
(4) equipment, equipment maintenance contracts, materials,
supplies, and other property needed to operate a magnet school
or magnet program;
(5) minor remodeling needed to operate a magnet school or
magnet program;
(6) transportation for field trips that are part of a
magnet school or magnet program curriculum;
(7) program planning and staff and curriculum development
for a magnet school or magnet program;
(8) disseminating information on magnet schools and magnet
programs; and
(9) indirect costs calculated according to the state's
statutory formula governing indirect costs.
Sec. 39. [LAKE SUPERIOR DEBT.]
Subdivision 1. [OPERATING DEBT ACCOUNT.] On July 1, 1994,
independent school district No. 381, Lake Superior, shall
establish a reserved account in the general fund. The balance
in the account shall equal the unreserved undesignated fund
balance in the operating funds of the district as of June 30,
1994.
Subd. 2. [LEVY.] For taxes payable in each of the years
1998 through 2000, the district may levy an amount up to 33-1/3
percent of the balance in the account on July 1, 1994. The
balance in the account shall be adjusted each year by the amount
of the proceeds of the levy. The proceeds of the 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.
Sec. 40. [PILOT PROGRAM IN CONTINUING MULTICULTURAL
EDUCATION.]
Subdivision 1. [PROGRAM COMPONENTS.] Beginning with the
1994-1995 school year, independent school district No. 38, Red
Lake, shall provide a 25-hour continuing education in-service
program in multicultural education for licensed teachers in the
district. The three-year pilot program shall be
results-oriented and shall be designed to improve teachers'
ability to effectively educate learners of all racial, cultural,
and economic groups. The district's staff development committee
under Minnesota Statutes, section 126.70, subdivision 1, shall
develop appropriate outcomes for the program. The district
shall contract with Bemidji State University to provide
curriculum, instruction, and assessments for the program.
Subd. 2. [PROGRAM APPROVAL.] Prior to implementation, the
program established in subdivision 1 must be approved by the
department of education in consultation with the state American
Indian education advisory committee.
Subd. 3. [APPLICABILITY.] A teacher employed by
independent school district No. 38, Red Lake, at the start of
the 1994-1995 school year shall complete the program established
in subdivision 1 within three years of its implementation. In
appropriate circumstances, the district's staff development
committee under Minnesota Statutes, section 126.70, subdivision
1, may waive this provision for a teacher who is unable to
complete the program. The program shall be counted as
continuing education for licensure purposes under board of
teaching rules.
Subd. 4. [REPORT.] Independent school district No. 38, Red
Lake, and the staff development committee shall report to the
commissioner of education on the status of the program by
February 1, 1995.
Sec. 41. [OSSEO LEVY.]
For 1994 taxes payable in 1995
only, independent school district No. 279, Osseo, may levy a tax
in an amount not to exceed $500,000. The proceeds of this levy
must be used to provide instructional services for at-risk
children.
Sec. 42. [FUND TRANSFERS.]
Subdivision 1. [STAPLES-MOTLEY.] Notwithstanding Minnesota
Statutes, section 121.912 or 121.9121 or any other law to the
contrary, before July 1, 1996, independent school district No.
2170, Motley-Staples, may recognize as revenue in the capital
expenditure fund up to $800,000 of referendum revenue received
pursuant to Minnesota Statutes, section 124A.03.
Subd. 2. [MONTICELLO.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, or any other law, independent
school district No. 882, Monticello, may permanently transfer an
amount not to exceed $250,000 from its capital expenditure fund
to its transportation fund before July 1, 1994.
Subd. 3. [RED LAKE.] Notwithstanding any law to the
contrary, on June 30, 1994, independent school district No. 38,
Red Lake, may permanently transfer up to $160,900 from the
general fund to the capital expenditure fund.
Subd. 4. [REMER-LONGVILLE AND ORTONVILLE.] Notwithstanding
Minnesota Statutes, section 121.912, subdivision 1, or any other
law to the contrary, independent school district Nos. 62,
Ortonville, and 118, Remer-Longville may each permanently
transfer up to $150,000 in fiscal year 1994 from the bus
purchase account to the capital expenditure fund for facility
repairs and technology-related equipment without making a levy
reduction.
Subd. 5. [HOLDINGFORD.] Notwithstanding Minnesota
Statutes, sections 121.912; 121.9121; and 475.61, subdivision 4,
or any other law to the contrary, on June 30, 1994, independent
school district No. 738, Holdingford, may permanently transfer
up to $100,000 from its debt redemption fund to its general fund.
Subd. 6. [INVER GROVE.] Notwithstanding Minnesota
Statutes, section 121.912, independent school district No. 199,
Inver Grove may transfer $91,255 from the community service fund
to the general fund in fiscal year 1994.
Subd. 7. [RECOMMENDATIONS.] After reviewing the position
statement on fund integrity and fund merger by the advisory
council on uniform financial accounting and reporting standards
from November 1984, the commissioner of education shall make any
recommendations for consolidation of funds or accounts and
elimination of funds or accounts to the legislature in 1995.
Sec. 43. [LOW-INCOME CONCENTRATION GRANT PROGRAM.]
Subdivision 1. [GRANT PROGRAM.] A low-income concentration
grant program is established. The purpose of the program is to
provide additional resources to school buildings in which the
concentration of children from low-income families is high
compared to the district-wide concentration.
Subd. 2. [APPLICATION PROCESS.] The commissioner of
education shall develop a grant application process. In order
to qualify for a grant, the building must be located in a
district that meets the following criteria:
(1) ten percent or more of the district's pupils are
eligible for free and reduced lunch as of October 1 of the
previous fiscal year;
(2) ten percent or more of the district's pupils are
students of color;
(3) the district has at least 1500 students in average
daily membership; and
(4) the district's administrative office is located in the
seven county metropolitan area but not in a city of the first
class.
Subd. 3. [GRANT USE.] The grant must be used according to
Minnesota Statutes, section 124A.28. The grant may only be used
in buildings in the district where the percent of children in
the building eligible for free and reduced lunch is at least 20
percent and the number of minority students is at least 20
percent.
Sec. 44. [SEXUALITY AND FAMILY LIFE EDUCATION SURVEY.]
The department of education, in consultation with the
department of health and Minnesota planning, shall conduct a
survey to assess the extent and status of sexuality and family
life education in Minnesota's public elementary, middle,
secondary, and alternative schools. The survey shall, at a
minimum, compile information on the sexuality and family life
related curriculum offered in each school, the goals of the
curriculum, the age and developmental appropriateness of the
curriculum, available research supporting the curriculum, the
relevant training of those who teach sexuality and family life
education, and the role that parents play in the programs. The
department of education shall report the results of the
evaluation to the legislature by February 15, 1995. The survey
results shall be used to develop effective programs to prevent
teen pregnancy.
Sec. 45. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education in the fiscal year designated.
Subd. 2. [FREE BREAKFAST GRANTS.] For grants for free
breakfasts to elementary school children:
$167,000 ....... 1995
Up to $18,000 of this sum may be used to conduct an
evaluation of the grant sites.
Subd. 3. [MAGNET SCHOOL AND PROGRAM GRANTS.] For magnet
school and program grants:
$1,500,000 ....... 1995
This sum shall be used for planning and developing magnet
schools and magnet programs. Prior to awarding the grants, the
commissioner shall consult with the superintendent of districts
that demonstrate an intent to participate in the magnet school
and related programs.
Subd. 4. [DESEGREGATION/INTEGRATION OFFICE.] For the
desegregation/integration office:
$150,000 ....... 1995
This sum shall be used for costs associated with assisting
school districts in voluntary integration efforts and for
annually evaluating and reporting the results of such efforts.
A portion of this appropriation may be used for unclassified
positions within the department.
Subd. 5. [MALE RESPONSIBILITY AND FATHERING GRANTS.] For
male responsibility and fathering grants:
$500,000 ....... 1995
The commissioner of education shall award a minimum of ten
grants geographically distributed throughout the state.
The commissioner of education may enter into cooperative
agreements with the commissioner of human services to access
federal money for child support and paternity education programs.
This appropriation is available until June 30, 1996.
Subd. 6. [MULTICULTURAL CONTINUING EDUCATION GRANT.] For a
grant to independent school district No. 38, Red Lake, for a
multicultural continuing education pilot project for teachers:
$69,000 ....... 1995
The district must match this sum with staff development
revenue under Minnesota Statutes, section 124A.29.
Subd. 7. [LOW-INCOME CONCENTRATION GRANTS.] For grants
under section 43:
$1,000,000 ....... 1995
Each grant shall be no more than $50,000.
Subd. 8. [NETT LAKE YOUTH PROGRAM GRANT.] For a grant to
independent school district No. 707, Nett Lake, for providing an
evening and weekend youth activity program:
$25,000 ....... 1995
The school district, in collaboration with social services
and law enforcement agencies, and with the advice of the
community youth council, must use the grant to provide evening
and weekend programs for youth that include educational, social,
and cultural activities.
Subd. 9. [CULTURAL EXCHANGE PROGRAM.] For the cultural
exchange program:
$142,000 ....... 1995
Subd. 10. [SITE GRANTS.] For grants to school districts
for mentorship cooperative ventures between school districts and
post-secondary preparation institutions for alternative
licensure programs under Minnesota Statutes, section 125.88:
$100,000 ..... 1995
The department must transmit this appropriation to the
board of teaching.
Subd. 11. [SEXUALITY AND FAMILY LIFE EDUCATION
SURVEY.] For a sexuality and family life education survey:
$25,000 ..... 1995
Sec. 46. [REPEALER.]
(a) Laws 1993, chapter 224, article 8, section 14, is
repealed.
(b) Minnesota Rules, parts 8700.6410; 8700.9000; 8700.9010;
8700.9020; and 8700.9030, are repealed.
Sec. 47. [EFFECTIVE DATE.]
(a) Sections 32; 33; and 42 are effective the day following
final enactment.
(b) Sections 14; 17; and 46, paragraph (a), are effective
July 1, 1994.
(c) Sections 12; and 13; are effective July 1, 1994, and
apply to revenue for 1994-1995 and later school years.
ARTICLE 9
MISCELLANEOUS
Section 1. Minnesota Statutes 1993 Supplement, section
120.064, subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] A school board may sponsor one or more
outcome-based schools.
A school board may authorize a maximum of five
outcome-based schools.
No more than a total of 20 35 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. 2. Minnesota Statutes 1993 Supplement, 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. If the school is unable to
lease appropriate space from public or private nonsectarian
organizations, the school may lease space from a sectarian
organization if the leased space is constructed as a school
facility and the department of education, in consultation with
the department of administration, approves the lease.
Sec. 3. Minnesota Statutes 1993 Supplement, 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 170 days through the 1994-1995
1995-1996 school year, and for later years, at least the number
of days per school year in the following schedule:
(1) 1995-1996, 172;
(2) 1996-1997, 174;
(3) (2) 1997-1998, 176;
(4) (3) 1998-1999, 178;
(5) (4) 1999-2000, 180;
(6) (5) 2000-2001, 182;
(7) (6) 2001-2002, 184;
(8) (7) 2002-2003, 186;
(9) (8) 2003-2004, 188; and
(10) (9) 2004-2005, and later school years, 190.
Sec. 4. Minnesota Statutes 1992, section 123.3514,
subdivision 4, is amended to read:
Subd. 4. [AUTHORIZATION; NOTIFICATION.] Notwithstanding
any other law to the contrary, an 11th or 12th grade
pupil enrolled in a public school or an American
Indian-controlled tribal contract or grant school eligible for
aid under section 124.86, except a foreign exchange pupil
enrolled in a district under a cultural exchange program, may
apply to an eligible institution, as defined in subdivision 3,
to enroll in nonsectarian courses offered by that post-secondary
institution. If an institution accepts a secondary pupil for
enrollment under this section, the institution shall send
written notice to the pupil, the pupil's school district, and
the commissioner of education within ten days of acceptance.
The notice shall indicate the course and hours of enrollment of
that pupil. If the pupil enrolls in a course for post-secondary
credit, the institution shall notify the pupil about payment in
the customary manner used by the institution.
Sec. 5. Minnesota Statutes 1993 Supplement, 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. The department shall not make
payments to a post-secondary institution for a course from which
a student officially withdraws during the first 14 days of the
quarter or semester.
A 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
post-secondary 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 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 institution that an overpayment has been made,
the institution shall promptly remit the amount due.
Sec. 6. Minnesota Statutes 1993 Supplement, 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. The department shall not make
payments to a post-secondary institution for a course from which
a student officially withdraws during the first 14 days of the
quarter or semester.
A 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
post-secondary 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 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 institution that an overpayment has been made,
the 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. 7. Minnesota Statutes 1993 Supplement, section
124.17, subdivision 2f, is amended 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 instructional 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. 8. Minnesota Statutes 1993 Supplement, section
124.19, subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTIONAL TIME.] Every district shall
maintain school in session or provide instruction in other
districts for at least 175 days through the 1994-1995 1995-1996
school year and the number of days required in subdivision 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
1995-1996 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. 9. Minnesota Statutes 1992, section 124.19,
subdivision 1b, is amended to read:
Subd. 1b. [REQUIRED DAYS.] Each district shall maintain
school in session or provide instruction in other districts for
at least the number of days required for the school years listed
below:
(1) 1995-1996, 177;
(2) 1996-1997, 179;
(3) (2) 1997-1998, 181;
(4) (3) 1998-1999, 183;
(5) (4) 1999-2000, 185;
(6) (5) 2000-2001, 187;
(7) (6) 2001-2002, 189;
(8) (7) 2002-2003, 191;
(9) (8) 2003-2004, 193; and
(10) (9) 2004-2005, and later school years, 195.
Sec. 10. Minnesota Statutes 1993 Supplement, 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 except that, notwithstanding section 124.195,
subdivision 3, the payments shall be of an equal amount on each
of the 23 payment dates unless an outcome-based school is in its
first year of operation in which case it shall receive on its
first payment date 15 percent of its cumulative amount
guaranteed for the year and 22 payments of an equal amount
thereafter the sum of which shall be 85 percent of the
cumulative amount guaranteed. 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. 11. Minnesota Statutes 1992, section 124.86,
subdivision 2, is amended to read:
Subd. 2. [REVENUE AMOUNT.] An American Indian-controlled
tribal contract or grant school that is located on a reservation
within the state and that complies with the requirements in
subdivision 1 is eligible to receive tribal contract or grant
school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under section
124A.22, subdivision 2, times the difference between (a) the
actual pupil units as defined in section 124A.02, subdivision
15, in average daily membership, excluding section 124.17,
subdivision 2f, and (b) the number of pupils for the current
school year, weighted according to section 124.17, subdivision
1, receiving benefits under section 123.933 or 123.935 or for
which the school is receiving reimbursement under section
126.23;
(2) subtracting from the result in clause (1) the amount of
money allotted to the school by the federal government through
the Indian School Equalization Program of the Bureau of Indian
Affairs, according to Code of Federal Regulations, title 25,
part 39, subparts A to E, for the basic program as defined by
section 39.11, paragraph (b), for the base rate as applied to
kindergarten through twelfth grade, excluding small school
adjustments and additional weighting, but not money allotted
through subparts F to L for contingency funds, school board
training, student training, interim maintenance and minor
repair, interim administration cost, prekindergarten, and
operation and maintenance, and the amount of money that is
received according to section 126.23;
(3) dividing the result in clause (2) by the actual pupil
units in average daily membership, excluding section 124.17,
subdivision 2f; and
(4) multiplying the actual pupil units, including section
124.17, subdivision 2f, in average daily membership by the
lesser of $1,500 or the result in clause (3).
Sec. 12. Minnesota Statutes 1992, section 127.03,
subdivision 3, is amended to read:
Subd. 3. [IMMUNITY FROM CIVIL LIABILITY.] It is a defense
to a civil action for damages against a teacher school official,
as defined in section 609.2231, subdivision 5, to prove that the
force used by the teacher official was reasonable, was in the
exercise of lawful authority, and was necessary under the
circumstances to restrain the pupil or to prevent bodily harm or
death to another.
Sec. 13. [EFFECTIVE DATE.]
Section 2 is effective the day following final enactment.
Section 7 is effective retroactive to July 1, 1991, and applies
to fiscal year 1992 and thereafter.
ARTICLE 10
LIBRARIES
Section 1. [134.155] [LIBRARIANS 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 126.82, shall award grants for
professional development programs to recruit and educate people
of color in the field of library science or information
management. Grant applicants must be a public library
jurisdiction with a growing minority population working in
collaboration with an accredited institution of higher education
with a library program in the state of Minnesota.
Subd. 3. [PROGRAM REQUIREMENTS.] (a) A grant recipient
shall recruit people of color to be librarians in public
libraries and provide support in linking program participants
with jobs in the recipient's library jurisdiction.
(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, undergraduate
students, or 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 people of
color enrolled in an accredited library program to help cover
the costs of tuition, student fees, supplies, and books.
Stipend awards must be based upon a student's financial need and
students must apply for any additional financial aid for which
they are eligible 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 work in the grantee library
jurisdiction for at least two years after graduation if the
student acquires a master's degree and at least three years
after graduation if the student acquires both a bachelor's and a
master's degree while participating in the program. If no
full-time position is available in the library jurisdiction, the
student may fulfill the work requirement in another Minnesota
public library.
(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 persons of color in librarianship;
(2) whether grant recipients will establish or have a
mentoring program for persons of color; and
(3) whether grant recipients will provide a library
internship for persons of color while participating in this
program.
Sec. 2. Minnesota Statutes 1992, section 134.195,
subdivision 10, is amended to read:
Subd. 10. [CRITERIA.] Public library services established
according to this section, including materials, programs,
equipment, and other public library services, whether located in
an elementary or secondary school building or elsewhere, shall
be available for simultaneous use by students and residents of
the area. If public library services are located in an
elementary or secondary school building, a separate entrance,
accessible from the outside of the school building, shall be
provided for use by the residents. The library shall meet all
requirements in statutes and rules applicable to public
libraries and school media centers. A media supervisor licensed
by the board of teaching may be the director of the library.
The library shall be centrally located in the community and
available for use by residents during all hours the school is in
session, at least 15 additional hours each week during evenings,
and on Saturdays. The library shall continue to maintain
approximately the same hours of operation when the school is not
in session. When school is not in session, the library may
reduce its hours to maintain at least the average number of
hours each week of other public libraries serving its population
size. The library shall have telephone service that is separate
from the telephone service for the school. Public parking,
restrooms, drinking water, and other necessities shall be easily
accessible to residents.
Sec. 3. [CHILDREN'S LIBRARY SERVICES GRANT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
education shall establish a grant program for public libraries
to develop community collaborations and partnerships that
strengthen public library service to children, young people, and
their families. The office of library development and services
shall administer the grant program.
Subd. 2. [APPLICANTS.] An applicant must propose a program
involving collaboration between a public library and at least
one child or family organization, including, but not limited to:
a school district, an early childhood family education program,
a public or private adult basic education program, a nonprofit
agency, a licensed school age child care program, a licensed
family child care provider, a licensed child care center, a
public health clinic, a social service agency, or a family
literacy program.
Subd. 3. [ADVISORY TASK FORCE.] The commissioner of
education shall appoint an advisory task force to review grant
applications and make recommendations for awarding the grants.
At least two members of the task force must be practicing
children's services librarians.
Subd. 4. [CRITERIA FOR GRANT AWARDS.] In order to qualify
for a grant, an applicant must:
(1) demonstrate collaboration between a public or private
agency that improves library services to children, young people,
and their families;
(2) have a plan for replication of the project in other
areas of the state, if appropriate;
(3) involve the regional public library system and the
multitype library system in the planning; and
(4) describe a system for evaluating the project.
Sec. 4. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [LIBRARIANS OF COLOR.] For the librarians of
color program:
$55,000 ..... 1995
Subd. 3. [CHILDREN'S LIBRARY SERVICES GRANTS.] For grants
for collaborative programs to strengthen library services to
children, young people, and their families:
$50,000 ..... 1995
ARTICLE 11
STATE AGENCIES
Section 1. Minnesota Statutes 1992, section 121.612,
subdivision 7, is amended to read:
Subd. 7. [FOUNDATION STAFF.] (a) The state board shall
appoint the executive director and other staff who shall perform
duties and have responsibilities solely related to the
foundation.
(b) As part of the annual plan of work, the foundation,
under the direction of the state board, may appoint up to three
employees. The employees appointed under this paragraph are not
state employees under chapter 43A, but are covered under section
3.736. At the foundation board's discretion, the employees may
participate in the state health and state insurance plans for
employees in unclassified service. The employees shall be
supervised by the executive director.
Sec. 2. Minnesota Statutes 1992, section 126A.04,
subdivision 5, is amended to read:
Subd. 5. [GRANTS.] The director may apply for, receive,
and allocate grants and other money for environmental education.
The director shall continue to make a grant to an environmental
library located in the metropolitan area.
Sec. 3. Minnesota Statutes 1992, section 129C.15, is
amended by adding a subdivision to read:
Subd. 3. [CENTER RESPONSIBILITIES.] The center shall:
(1) provide information and technical services to arts
teachers, professional arts organizations, school districts, and
the department of education;
(2) gather and conduct research in arts education;
(3) design and promote arts education opportunities for all
Minnesota pupils in elementary and secondary schools; and
(4) serve as liaison for the department of education to
national organizations for arts education.
Sec. 4. [FEDERAL FUNDS APPROVAL.]
The expenditure of federal funds as shown in the first and
third change orders to the 1994-1995 supplemental budget are
approved and appropriated and shall be spent as indicated.
Sec. 5. [FARIBAULT ACADEMIES; APPROPRIATION.]
Subdivision 1. [FARIBAULT STATE ACADEMIES; STAFF
TRAINING.] $100,000 is appropriated in fiscal year 1995 from the
general fund to the department of education for the Faribault
academies to pay for the costs of an intensive staff training
program. The staff training shall address issues of staff
awareness and understanding of blind and deaf cultures, staff
skill improvement, mediation and conflict resolution, team
building, and communications. A report concerning the staff
training program shall be submitted to the education committees
of the legislature by January 1, 1995.
Subd. 2. [UTILIZATION OF ACADEMY EMPLOYEES.] In order to
utilize employees of the Faribault academies who would otherwise
be laid off during June, July, and August 1994, work to be
performed on the renovation of Noyes hall on the Minnesota state
academy for the deaf campus and the demolition of Dow hall on
the Minnesota academy for the blind campus may include state
employees, provided that the work performed by state employees
is necessary for the completion of the projects, results in real
costs savings on the projects, and is in conformance with state
employees collective bargaining agreements.
Sec. 6. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment.
ARTICLE 12
SCHOOL BUS SAFETY
Section 1. Minnesota Statutes 1992, section 123.39,
subdivision 1, is amended to read:
Subdivision 1. The board may provide for the
transportation of pupils to and from school and for any other
purpose for which aid is authorized under section 124.223 or for
which levies are authorized under sections 124.226, 124.2716,
124.91, 124.912, 124.914, 124.916, 124.918, and 136C.411. The
board may also provide for the transportation of pupils to
schools in other districts for grades and departments not
maintained in the district, including high school, at the
expense of the district, when funds are available therefor and
if agreeable to the district to which it is proposed to
transport the pupils, for the whole or a part of the school
year, as it may deem advisable, and subject to its rules. Every
driver shall possess all the qualifications required by the
rules of the state board of education. In any school district,
the board shall arrange for the attendance of all pupils living
two miles or more from the school, except pupils whose
transportation privileges have been revoked under section
123.805, subdivision 1, clause (6), or 123.7991, paragraph (b),
through suitable provision for transportation or through the
boarding and rooming of the pupils who may be more economically
and conveniently provided for by that means. The board shall
provide transportation to and from the home of a child with a
disability not yet enrolled in kindergarten when special
instruction and services under section sections 120.17 and
120.1701 are provided in a location other than in the child's
home. When transportation is provided, scheduling of routes,
establishment of the location of bus stops, manner and method of
transportation, control and discipline of school children and
any other matter relating thereto shall be within the sole
discretion, control, and management of the school board. The
district may provide for the transportation of pupils or expend
a reasonable amount for room and board of pupils whose
attendance at school can more economically and conveniently be
provided for by that means or who attend school in a building
rented or leased by a district within the confines of an
adjacent district.
Sec. 2. Minnesota Statutes 1992, section 123.78, is
amended by adding a subdivision to read:
Subd. 3. [RULES.] The state board of education may amend
rules relating to equal transportation.
Sec. 3. [123.799] [STUDENT TRANSPORTATION SAFETY.]
Subdivision 1. [RESERVED REVENUE USE.] A district shall
use the student transportation safety reserved revenue under
section 124.225, subdivision 7f, for providing student
transportation safety programs to enhance student conduct and
safety on the bus or when boarding and exiting the bus. A
district's student transportation policy must specify the
student transportation safety activities to be carried out under
this section. A district's student transportation safety
reserved revenue may only be used for the following purposes:
(1) to provide paid adult bus monitors, including training
and salary costs;
(2) to provide a volunteer bus monitor program, including
training costs and the cost of a program coordinator;
(3) to purchase or lease optional external public address
systems or video recording cameras for use on buses; and
(4) other activities or equipment that have been reviewed
by the state school bus safety advisory committee and approved
by the commissioner of public safety.
Subd. 2. [REPORTING.] Districts shall annually report
expenditures from the student transportation safety reserved
revenue to the commissioner of education, who shall provide the
information to the school bus safety advisory committee.
Sec. 4. [123.7991] [SCHOOL BUS SAFETY TRAINING.]
Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The first week of
school is designated as school bus safety week.
A school board may designate one day of school bus safety
week as school bus driver day.
Subd. 2. [STUDENT TRAINING.] (a) Each school district
shall provide public school pupils enrolled in grades
kindergarten through 12 with school bus safety training. The
training shall be results-oriented and shall consist of both
classroom instruction and practical training using a school
bus. Upon completing the training, a student shall be able to
demonstrate knowledge and understanding of at least the
following competencies and concepts:
(1) transportation by school bus is a privilege not a
right;
(2) district policies for student conduct and school bus
safety;
(3) appropriate conduct while on the bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school
bus;
(6) procedures for safe vehicle lane crossing; and
(7) school bus evacuation and other emergency procedures.
(b) Student school bus safety training shall commence
during school bus safety week. All students who are transported
by school bus and are enrolled during the first week of school
must demonstrate achievement of the school bus safety training
competencies by the end of the third week of school. Students
who enroll in a school after the first week of school and are
transported by school bus shall undergo school bus safety
training and demonstrate achievement of the school bus safety
competencies within three weeks of the first day of attendance.
The pupil transportation safety director in each district must
certify to the commissioner of education annually by October 15
that all students transported by bus have satisfactorily
demonstrated knowledge and understanding of the school bus
safety competencies according to this section or provide an
explanation for a student's failure to demonstrate the
competencies. A school district may deny transportation to a
student who fails to demonstrate the competencies, unless the
student is unable to achieve the competencies due to a
disability.
(c) A district must, to the extent possible, provide
kindergarten pupils with bus safety training before the first
day of school.
(d) A school district must also provide student safety
education for bicycling and pedestrian safety.
Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner of
education shall develop a comprehensive model school bus safety
training program for pupils who ride the bus that includes bus
safety curriculum for both classroom and practical instruction,
methods for assessing attainment of school bus safety
competencies, and age-appropriate instructional materials.
Sec. 5. [123.7992] [NOTICE OF RECORDING DEVICE.]
If a video or audio recording device is placed on a school
bus, the bus also must contain a sign or signs, conspicuously
placed, notifying riders that their conversations or actions may
be recorded on tape.
Sec. 6. [123.801] [BUS TRANSPORTATION A PRIVILEGE NOT A
RIGHT.]
Transportation by school bus is a privilege not a right for
an eligible student. A student's eligibility to ride a school
bus may be revoked for a violation of school bus safety or
conduct policies, or for violation of any other law governing
student conduct on a school bus, pursuant to a written school
district discipline policy. Revocation of a student's bus
riding privilege is not an exclusion, expulsion, or suspension
under the pupil fair dismissal act of 1974. Revocation
procedures for a student who is an individual with a disability
under the Individuals with Disabilities Education Act, United
States Code, title 20, section 1400 et seq., section 504 of the
Rehabilitation Act of 1973, United States Code, title 29,
section 794, and the Americans with Disabilities Act, Public Law
Number 101-336, are governed by these provisions.
Sec. 7. Minnesota Statutes 1992, section 124.223, is
amended by adding a subdivision to read:
Subd. 11. [RULES.] The state board of education may amend
rules relating to transportation aid and data.
Sec. 8. Minnesota Statutes 1992, section 124.225, is
amended by adding a subdivision to read:
Subd. 7f. [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A
district shall reserve an amount equal to the greater of $1,000
or one percent of the sum of the district's regular
transportation revenue according to subdivision 7d, paragraph
(a), and nonregular transportation revenue according to
subdivision 7d, paragraph (b), for that school year to provide
student transportation safety programs under section 3.
Sec. 9. Minnesota Statutes 1992, section 124.225, is
amended by adding a subdivision to read:
Subd. 8m. [TRANSPORTATION SAFETY AID.] A district's
transportation safety aid equals the district's reserved revenue
for transportation safety under subdivision 7f for that school
year.
Sec. 10. Minnesota Statutes 1992, section 126.15,
subdivision 4, is amended to read:
Subd. 4. [IDENTIFY, OPERATION.] Identification and
operation of school safety patrols shall be uniform throughout
the state and the method of identification and signals to be
used shall be as prescribed by the commissioner of public
safety. School safety patrol members may wear fluorescent
reflective vests.
Sec. 11. Minnesota Statutes 1992, section 169.01,
subdivision 6, is amended to read:
Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle
used to transport pupils to or from a school defined in section
120.101, or to or from school-related activities, by the school
or a school district, or by someone under an agreement with the
school or a school district. A school bus does not include a
motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier
authority, or a transit bus providing services as defined in
section 174.22, subdivision 7. A school bus may be type I A,
type B, type C, or type D, type II, or type III as follows:
(a) A "type I school bus" means a school bus of more than
10,000 pounds gross vehicle weight rating, designed for carrying
more than ten persons.
(b) A "type II school bus" is a bus with a gross vehicle
weight rating of 10,000 pounds or less, designed for carrying
more than ten persons. It must be outwardly equipped and
identified as a school bus.
(1) a "type A school bus" is a conversion or body
constructed upon a van-type compact truck or a front-section
vehicle, with a gross vehicle weight rating of 10,000 pounds or
less, designed for carrying more than ten persons;
(2) a "type B school bus" is a conversion or body
constructed and installed upon a van or front-section vehicle
chassis, or stripped chassis, with a gross vehicle weight rating
of more than 10,000 pounds, designed for carrying more than ten
persons. Part of the engine is beneath or behind the windshield
and beside the driver's seat. The entrance door is behind the
front wheels;
(3) a "type C school bus" is a body installed upon a flat
back cowl chassis with a gross vehicle weight rating of more
than 10,000 pounds, designated for carrying more than ten
persons. All of the engine is in front of the windshield and
the entrance door is behind the front wheels;
(4) a "type D school bus" is a body installed upon a
chassis, with the engine mounted in the front, midship or rear,
with a gross vehicle weight rating of more than 10,000 pounds,
designed for carrying more than ten persons. The engine may be
behind the windshield and beside the driver's seat; it may be at
the rear of the bus, behind the rear wheels, or midship between
the front and rear axles. The entrance door is ahead of the
front wheels; and
(c) (5) type III school buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum
manufacturer's rated seating capacity of ten people, including
the driver, and a gross vehicle weight rating of 10,000 pounds
or less. In this subdivision, "gross vehicle weight rating"
means the value specified by the manufacturer as the loaded
weight of a single vehicle. A "type III school bus" must not be
outwardly equipped and identified as a school bus.
Sec. 12. Minnesota Statutes 1992, section 169.21,
subdivision 2, is amended to read:
Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where
traffic-control signals are not in place or in operation the
driver of a vehicle shall yield the right-of-way, slowing down
or stopping if need be to so yield, to a pedestrian crossing the
roadway within a crosswalk but no pedestrian shall suddenly
leave a curb or other place of safety and walk or run into the
path of a vehicle which is so close that it is impossible for
the driver to yield. This provision shall not apply under the
conditions as otherwise provided in this subdivision.
(b) When any vehicle is stopped at a marked crosswalk or at
any unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway, the driver of any other vehicle
approaching from the rear shall not overtake and pass the
stopped vehicle.
(c) It is unlawful for any person to drive a motor vehicle
through a column of school children crossing a street or highway
or past a member of a school safety patrol, while the member of
the school safety patrol is directing the movement of children
across a street or highway and while the school safety patrol
member is holding an official signal in the stop position. A
person who violates this paragraph is guilty of a misdemeanor.
A person who violates this paragraph a second or subsequent time
within one year of a previous conviction under this paragraph is
guilty of a gross misdemeanor.
Sec. 13. [169.435] [STATE SCHOOL BUS SAFETY
ADMINISTRATION.]
Subdivision 1. [RESPONSIBILITY; DEPARTMENT OF PUBLIC
SAFETY.] The department of public safety has the primary
responsibility for school transportation safety. To oversee
school transportation safety, the commissioner of public safety
shall establish a school bus safety advisory committee according
to subdivision 2. The commissioner or the commissioner's
designee shall serve as state director of pupil transportation
according to subdivision 3.
Subd. 2. [SCHOOL BUS SAFETY ADVISORY COMMITTEE.] The
commissioner of public safety shall establish the school bus
safety advisory committee. The commissioner shall provide the
committee with meeting space and clerical support. The
commissioner of public safety or the commissioner's designee
shall chair the committee. The members of the committee also
shall include:
(1) the commissioner of education or the commissioner's
designee;
(2) the commissioner of human rights or the commissioner's
designee;
(3) a county or city attorney;
(4) a representative of the state patrol;
(5) a school board member;
(6) a school superintendent;
(7) two school bus drivers, one representing the
metropolitan area and one representing greater Minnesota;
(8) two school transportation contractors, one representing
the metropolitan areas and one representing greater Minnesota;
(9) two school transportation safety directors, one
representing the metropolitan area and one representing greater
Minnesota; and
(10) five public members, including at least four parents
of children who ride a school bus, among them a parent of a
child with a disability. The public members shall be
geographically representative.
The commissioner of public safety, in consultation with the
commissioner of education, shall appoint the members listed in
clauses (3) to (9). The governor shall appoint the public
members in clause (10). Terms, compensation, and removal of
committee members shall be according to section 15.059. The
committee shall meet quarterly or as required by the chair.
The duties of the committee shall include:
(1) an annual report by January 15 to the governor and the
education committees of the legislature, including
recommendations for legislative action when needed, on student
bus safety education, school bus equipment requirements and
inspection, bus driver licensing, training, and qualifications,
bus operation procedures, student behavior and discipline, rules
of the road, school bus safety education for the public, or any
other aspects of school transportation safety the committee
considers appropriate;
(2) a quarterly review of all school transportation
accidents, crimes, incidents of serious misconduct, incidents
that result in serious personal injury or death, and bus driver
dismissals for cause; and
(3) periodic review of school district comprehensive
transportation safety policies.
Subd. 3. [PUPIL TRANSPORTATION SAFETY DIRECTOR.] The
commissioner of public safety or the commissioner's designee
shall serve as pupil transportation safety director.
The duties of the pupil transportation safety director
shall include:
(1) overseeing all department activities related to school
bus safety;
(2) assisting in the development, interpretation, and
implementation of laws and policies relating to school bus
safety;
(3) supervising preparation of the school bus inspection
manual;
(4) in conjunction with the department of education,
assisting school districts in developing and implementing
comprehensive transportation policies; and
(5) providing information requested by the school bus
safety advisory committee.
Sec. 14. [123.805] [SCHOOL DISTRICT BUS SAFETY
RESPONSIBILITIES.]
Subdivision 1. [COMPREHENSIVE POLICY.] Each school
district shall develop and implement a comprehensive, written
policy governing pupil transportation safety. The policy shall,
at minimum, contain:
(1) provisions for appropriate student bus safety training
under section 4;
(2) rules governing student conduct on school buses and in
school bus loading and unloading areas;
(3) a statement of parent or guardian responsibilities
relating to school bus safety;
(4) provisions for notifying students and parents or
guardians of their responsibilities and the rules;
(5) an intradistrict system for reporting school bus
accidents or misconduct, a system for dealing with local law
enforcement officials in cases of criminal conduct on a school
bus, and a system for reporting accidents, crimes, incidents of
misconduct, and bus driver dismissals to the department of
public safety under section 24;
(6) a discipline policy to address violations of school bus
safety rules, including procedures for revoking a student's bus
riding privileges in cases of serious or repeated misconduct;
(7) a system for integrating school bus misconduct records
with other discipline records;
(8) a statement of bus driver duties;
(9) planned expenditures for safety activities under
section 3 and, where applicable, provisions governing bus
monitor qualifications, training, and duties;
(10) rules governing the use and maintenance of type III
vehicles, drivers of type III vehicles, and the circumstances
under which a student may be transported in a type III vehicle;
(11) operating rules and procedures;
(12) provisions for annual bus driver in-service training
and evaluation;
(13) emergency procedures; and
(14) a system for maintaining and inspecting equipment.
School districts are encouraged to use the current edition
of the "National Standards for School Buses and Operations"
published by the National Safety Council in developing safety
policies. Each district shall submit a copy of its policy under
this subdivision to the school bus safety advisory committee no
later than August 1, 1994, and review and make appropriate
amendments annually by August 1.
Subd. 2. [SCHOOL TRANSPORTATION SAFETY DIRECTOR.] Each
school board shall designate a school transportation safety
director to oversee and implement pupil transportation safety
policies. The director shall have day-to-day responsibility for
pupil transportation safety.
Sec. 15. Minnesota Statutes 1992, section 169.441,
subdivision 3, is amended to read:
Subd. 3. [SIGN ON BUS; APPLICATION OF OTHER LAW.] Sections
169.442, subdivisions 2 and 3; 169.443, subdivision 2; and
169.444, subdivisions 1, 4, and 5, apply only if the school bus
bears on its front and rear a plainly visible sign containing
the words "school bus" in letters at least eight inches in
height.
Except as provided in section 169.443, subdivision 8, the
sign must be removed or covered when the vehicle is being used
as other than a school bus.
Sec. 16. Minnesota Statutes 1992, section 169.442,
subdivision 1, is amended to read:
Subdivision 1. [SIGNALS REQUIRED.] A type I A, B, C, or
type II D school bus must be equipped with a stop signal arm,
prewarning flashing amber signals, and flashing red signals.
Sec. 17. Minnesota Statutes 1992, section 169.443,
subdivision 8, is amended to read:
Subd. 8. [USE FOR RECREATIONAL OR EDUCATIONAL ACTIVITY.] A
school bus that transports over regular routes and on regular
schedules persons age 18 or under to and from a regularly
scheduled recreational or educational activity must comply with
subdivisions 1 and 7. Notwithstanding section 169.441,
subdivision 3, a school bus may provide such transportation only
if (1) the "school bus" sign required by section 169.443,
subdivision 3, is plainly visible; (2) the school bus has a
valid certificate of inspection under section 169.451; (3) the
driver of the school bus possesses a driver's license with a
valid school bus endorsement under section 171.10; and (4) the
entity that organizes the recreational or educational activity,
or the contractor who provides the school buses to the entity,
consults with the superintendent of the school district in which
the activity is located or the superintendent's designee on the
safety of the regular routes used.
Sec. 18. Minnesota Statutes 1992, section 169.445,
subdivision 1, is amended to read:
Subdivision 1. [COOPERATION OF SCHOOL AUTHORITIES.]
The state board of education commissioner of public safety shall
ensure that local authorities having jurisdiction over school
buses shall cooperate with law enforcement and judicial
authorities in reporting and prosecuting violators of sections
169.443 and 169.444.
Sec. 19. Minnesota Statutes 1992, section 169.445,
subdivision 2, is amended to read:
Subd. 2. [INFORMATION; RULES.] The board commissioner
shall compile information regarding violations, prosecutions,
convictions or other disposition, and penalties imposed under
sections 169.443 and 169.444. At the request of the board
commissioner, local school authorities shall provide this
information. The board commissioner may adopt rules governing
the content and providing procedures for the school authorities
to provide this information.
Sec. 20. Minnesota Statutes 1992, section 169.446,
subdivision 3, is amended to read:
Subd. 3. [DRIVER EDUCATION PROGRAMS.] The state board of
education commissioner of public safety shall adopt rules
requiring thorough instruction concerning section 169.444 for
persons enrolled in driver education programs offered at public
schools. The instruction must encompass at least the
responsibilities of drivers, the content and requirements of
section 169.444, and the penalties for violating that section.
Sec. 21. Minnesota Statutes 1992, section 169.447,
subdivision 6, is amended to read:
Subd. 6. [OVERHEAD BOOK RACKS.] Types I A, B, C, and II D
school buses may be equipped with padded, permanent overhead
book racks that do not hang over the center aisle of the bus.
Sec. 22. [169.449] [SCHOOL BUS OPERATIONS.]
Subdivision 1. [RULES.] The commissioner of public safety,
in consultation with the school bus safety advisory committee,
shall adopt rules governing the operation of school buses used
for transportation of school children, when owned or operated by
a school or privately owned and operated under a contract with a
school, and these rules must be made a part of that contract by
reference. Each school, its officers and employees, and each
person employed under the contract is subject to these rules.
Subd. 2. [ENFORCEMENT.] The operation of a school bus on
the public streets or highways in violation of rules concerning
the operation of school buses adopted by the commissioner under
subdivision 1 is a misdemeanor. The state patrol shall enforce
rules adopted under subdivision 1 when a school bus is operated
on a public street or highway.
Sec. 23. [169.4501] [SCHOOL BUS EQUIPMENT STANDARDS.]
Subdivision 1. [NATIONAL STANDARDS ADOPTED.] Except as
provided in sections 36 and 37, the construction, design,
equipment, and color of types A, B, C, and D school buses used
for the transportation of school children shall meet the
requirements of the "bus chassis standards" and "bus body
standards" in the 1990 revised edition of the "National
Standards for School Buses and Operations" adopted by the
Eleventh National Conference on School Transportation and
published by the National Safety Council. Except as provided in
section 38, the construction, design, and equipment of types A,
B, C, and D school buses used for the transportation of students
with disabilities also shall meet the requirements of the
"specially equipped school bus standards" in the 1990 National
Standards for School Buses and Operations. The "bus chassis
standards," "bus body standards," and "specially equipped school
bus standards" sections of the 1990 revised edition of the
"National Standards for School Buses and Operations" are
incorporated by reference in this chapter.
Subd. 2. [APPLICABILITY.] (a) The standards adopted in
this section and sections 36 and 37, govern the construction,
design, equipment, and color of school buses used for the
transportation of school children, when owned and operated by a
school or privately owned and operated under a contract with a
school, and these standards must be made a part of that contract
by reference. Each school, its officers and employees, and each
person employed under the contract is subject to these standards.
(b) The standards apply to school buses manufactured after
December 31, 1994. Buses complying with these standards when
manufactured need not comply with standards established later
except as specifically provided for by law.
(c) A school bus manufactured on or before December 31,
1994, must conform to the Minnesota standards in effect on the
date the vehicle was manufactured except as specifically
provided for in law.
(d) A new bus body may be remounted on a used chassis
provided that the remounted vehicle meets state and federal
standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner
of public safety before the remounting is done. A used bus body
may not be remounted on a new or used chassis.
Subd. 3. [INSPECTION MANUAL.] The department of public
safety shall develop a school bus inspection manual based on the
national standards adopted in subdivision 1 and Minnesota
standards adopted in sections 36, 37, and 38. The Minnesota
state patrol shall use the manual as the basis for inspecting
buses as provided in section 169.451. When appropriate, the
school bus safety advisory committee shall recommend to the
education committees of the legislature modifications to the
standards upon which the school bus inspection manual is based.
The department of public safety has no rulemaking authority to
alter the standards upon which school buses are inspected.
Subd. 4. [VARIANCES.] The commissioner of public safety
may grant a variance to any of the school bus standards to
accommodate testing of new equipment related to school buses. A
variance from the standards must be for the sole purpose of
testing and evaluating new equipment for increased safety,
efficiency, and economy of pupil transportation. The variance
expires 18 months from the date on which it is granted unless
the commissioner specifies an earlier expiration date. The
school bus safety advisory committee shall annually review all
variances that are granted under this subdivision and consider
whether to recommend modifications to the Minnesota school bus
equipment standards based on the variances.
Sec. 24. [169.452] [ACCIDENT AND SERIOUS INCIDENT
REPORTING.]
The department of public safety shall develop uniform
definitions of a school bus accident, an incident of serious
misconduct, and an incident that results in personal injury or
death. The department shall determine what type of information
on school bus accidents and incidents, including criminal
conduct, and bus driver dismissals for cause should be collected
and develop a uniform accident and incident reporting form to
collect those data, including data relating to type III
vehicles, statewide. Data collected with this reporting form
shall be analyzed to help develop accident, crime, and
misconduct prevention programs.
Sec. 25. [169.454] [TYPE III VEHICLE STANDARDS.]
Subdivision 1. [STANDARDS.] This section applies to type
III vehicles used for the transportation of school children when
owned and operated by a school district or privately owned and
operated. All related equipment provided on the vehicle must
comply with federal motor vehicle safety standards where
applicable. If no federal standard applies, equipment must be
manufacture's standard.
Subd. 2. [AGE OF VEHICLE.] Vehicles ten years or older
must not be used as type III vehicles to transport school
children, except those vehicles that are manufactured to meet
the structural requirements of federal motor vehicle safety
standard 222, Code of Federal Regulations, title 49, part 571.
Subd. 3. [COLOR.] Vehicles must be painted a color other
than national school bus yellow.
Subd. 4. [FIRE EXTINGUISHER.] A minimum of one 10BC rated
dry chemical type fire extinguisher is required. The
extinguisher must be mounted in a bracket, and must be located
in the driver's compartment and be readily accessible to the
driver and passengers. A pressure indicator is required and
must be easily read without removing the extinguisher from its
mounted position.
Subd. 5. [FIRST AID KIT.] A minimum of a ten unit first
aid kit is required. The bus must have a removable, moisture-
and dust-proof first aid kit mounted in an accessible place
within the driver's compartment and must be marked to indicate
its location.
Subd. 6. [IDENTIFICATION.] The vehicle must not have the
words "school bus" in any location on the exterior of the
vehicle, or in any interior location visible to a motorist.
The vehicle must display to the rear of the vehicle this
sign: "VEHICLE STOPS AT RR CROSSINGS."
The lettering (except for "AT," which may be one inch
smaller) must be a minimum two-inch "Series D" as specified in
standard alphabets for highway signs as specified by the Federal
Highway Administration. The printing must be in a color giving
a marked contract with that of the part of the vehicle on which
it is placed.
The sign must have provisions for being covered, or be of a
removable or fold-down type.
Subd. 7. [LAMPS AND SIGNALS.] Installation and use of the
eight-lamp warning system is prohibited.
All lamps on the exterior of the vehicle must conform with
and be installed as required by federal motor vehicle safety
standard 108, Code of Federal Regulations, title 49, part 571.
Subd. 8. [STOP SIGNAL ARM.] Installation and use of a stop
signal arm is prohibited.
Subd. 9. [MIRRORS.] The interior clear rearview mirror
must afford a good view of pupils and roadway to the rear. Two
exterior clear rearview mirrors must be provided, one to the
left and one to the right of the driver. Each mirror must be
firmly supported and adjustable to give the driver clear view
past the left rear and the right rear of the bus.
Subd. 10. [WARNING DEVICE.] A type III bus must contain at
least three red reflectorized triangle road warning devices.
Liquid burning "pot type" flares are not allowed.
Subd. 11. [EMERGENCY DOORS.] The doors on type III buses
must remain unlocked when carrying passengers.
Subd. 12. [OPTION.] Passenger cars and station wagons may
carry fire extinguisher, first aid kit, and warning triangles in
the trunk or trunk area of the vehicle, if a label in the driver
and front passenger area clearly indicates the location of these
items.
Sec. 26. [169.4581] [LAW ENFORCEMENT POLICY FOR CRIMINAL
CONDUCT ON SCHOOL BUSES.]
By January 1, 1995, each local law enforcement agency shall
adopt a written policy regarding procedures for responding to
criminal incidents on school buses. In adopting a policy, each
law enforcement agency shall consult with local school
officials, with representatives of private companies that
contract with school districts to provide transportation, and
with parents of students. The policy must recognize that
responding to reports of criminal conduct on school buses is the
responsibility of law enforcement officials.
Sec. 27. [169.4582] [REPORTING INCIDENTS ON SCHOOL BUSES.]
Subdivision 1. [REPORTABLE OFFENSE; DEFINITION.]
"Reportable offense" means misbehavior causing an immediate and
substantial danger to self or surrounding persons or property
under section 127.29.
Subd. 2. [DUTY TO REPORT; SCHOOL OFFICIAL.] Consistent
with the school bus safety policy under section 123.805,
subdivision 1, the school principal, the school transportation
safety director, or other designated school official shall
immediately report to the local law enforcement agency having
jurisdiction where the misbehavior occurred and to the school
superintendent if the reporting school official knows or has
reason to believe that a student has committed a reportable
offense on a school bus or in a bus loading or unloading area.
The reporting school official shall issue a report to the
commissioner of public safety concerning the incident, on a form
developed by the commissioner for that purpose.
Sec. 28. Minnesota Statutes 1992, section 169.64,
subdivision 8, is amended to read:
Subd. 8. [WHITE STROBE LAMPS.] Notwithstanding sections
169.55, subdivision 1, 169.57, subdivision 3, clause (b), or any
other law to the contrary, a vehicle may be equipped with a
360-degree flashing strobe lamp that emits a white light with a
flash rate of 60 to 120 flashes a minute, and the lamp may be
used as provided in this subdivision, if the vehicle is:
(1) a school bus that is subject to and complies with the
color and equipment requirements of sections 169.441,
subdivisions subdivision 1 and 2, and 169.442, subdivision 1.
The lamp shall be permanently mounted on the longitudinal center
line of the bus roof not less than five feet nor more than seven
feet forward of the rear roof edge. It shall operate from a
separate switch containing an indicator lamp to show when the
strobe lamp is in use. The strobe lamp may be lighted only when
atmospheric conditions or terrain restrict the visibility of
school bus lamps and signals so as to require use of the bright
strobe lamp to alert motorists to the presence of the school
bus. A strobe lamp may not be lighted unless the school bus is
actually being used as a school bus; or
(2) a road maintenance vehicle owned or under contract to
the department of transportation or a road authority of a
county, home rule or statutory city, or town, but the strobe
lamp may only be operated while the vehicle is actually engaged
in snow removal during daylight hours.
The strobe lamp shall be of a double flash type certified
to the commissioner of public safety by the manufacturer as
being weatherproof and having a minimum effective light output
of 200 candelas as measured by the Blondel-Rey formula.
Sec. 29. Minnesota Statutes 1993 Supplement, section
171.321, subdivision 2, is amended to read:
Subd. 2. [RULES; QUALIFICATIONS AND TRAINING.] (a) The
commissioner of public safety shall prescribe rules governing
the qualifications of individuals to drive school buses physical
qualifications of school bus drivers and tests required to
obtain a school bus endorsement. The rules must provide that an
applicant for a school bus endorsement or renewal is exempt from
the physical qualifications and medical examination required to
operate a school bus upon providing evidence of being medically
examined and certified within the preceding 24 months as
physically qualified to operate a commercial motor vehicle,
pursuant to Code of Federal Regulations, title 49, part 391,
subpart E, or rules of the commissioner of transportation
incorporating those federal regulations.
(b) The commissioner of public safety, in conjunction with
the commissioner of education, shall adopt a training program
for school bus drivers. Adoption of the program is not subject
to chapter 14. The program must provide for initial classroom
and behind-the-wheel training, and annual in-service training.
The program must provide training in defensive driving, human
relations, emergency and accident procedures, vehicle
maintenance, traffic laws, and use of safety equipment. The
program must provide that the training will be conducted by the
contract operator for a school district, the school district,
the commissioner of education, a licensed driver training
school, or by another person or entity approved by both
commissioners.
Sec. 30. Minnesota Statutes 1992, section 171.321,
subdivision 3, is amended to read:
Subd. 3. [STUDY OF APPLICANT.] Before issuing or renewing
a school bus endorsement, the commissioner shall conduct a
criminal and driver's license records check of the applicant.
The commissioner may also conduct the check at any time while a
person is so licensed. The check shall consist of a criminal
records check of the state criminal records repository and a
check of the driver's license records system. If the applicant
has resided in Minnesota for less than five years, the check
shall also include a criminal records check of information from
the state law enforcement agencies in the states where the
person resided during the five years before moving to Minnesota,
and of the national criminal records repository including the
criminal justice data communications network. The applicant's
failure to cooperate with the commissioner in conducting the
records check is reasonable cause to deny an application or
cancel a school bus endorsement. The commissioner may not
release the results of the records check to any person except
the applicant.
Sec. 31. Minnesota Statutes 1992, section 171.321, is
amended by adding a subdivision to read:
Subd. 4. [TRAINING.] No person shall drive a class A, B,
C, or D school bus when transporting school children to or from
school or upon a school-related trip or activity without having
demonstrated sufficient skills and knowledge to transport
students in a safe and legal manner. A bus driver must have
training or experience that allows the driver to meet at least
the following competencies:
(1) safely operate the type of school bus the driver will
be driving;
(2) understand student behavior, including issues relating
to students with disabilities;
(3) ensure orderly conduct of students on the bus and
handle incidents of misconduct appropriately;
(4) know and understand relevant laws, rules of the road,
and local school bus safety policies;
(5) handle emergency situations;
(6) safely load and unload students; and
(7) demonstrate proficiency in first aid and
cardiopulmonary resuscitation procedures.
The commissioner of public safety, in conjunction with the
commissioner of education, shall develop a comprehensive model
school bus driver training program and model assessments for
school bus driver training competencies, which are not subject
to chapter 14. A school district may use alternative
assessments for bus driver training competencies with the
approval of the commissioner of public safety.
Sec. 32. Minnesota Statutes 1992, section 171.321, is
amended by adding a subdivision to read:
Subd. 5. [ANNUAL EVALUATION.] A school district, nonpublic
school, or private contractor shall evaluate each bus driver
annually to assure that, at minimum, each driver continues to
meet school bus driver training competencies under subdivision
4. A school district, nonpublic school, or private contractor
also shall provide at least eight hours of in-service training
annually to each school bus driver. As part of the annual
evaluation, a district, nonpublic school, or private contractor
shall check the license of each person who transports students
for the district with the National Drivers Register or the
department of public safety. A school district, nonpublic
school, or private contractor shall certify annually to the
commissioner of public safety that each driver has received
eight hours of in-service training and has met the training
competencies.
Sec. 33. Minnesota Statutes 1992, section 171.3215, is
amended to read:
171.3215 [CANCELING BUS DRIVER'S ENDORSEMENT FOR CRIME
AGAINST MINOR CERTAIN OFFENSES.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(1) (b) "School bus driver" means a person possessing a
school bus driver's endorsement on a valid Minnesota driver's
license or a person possessing a valid Minnesota driver's
license who drives a vehicle with a seating capacity of ten or
less persons used as a school bus.
(2) "Crime against a minor" means an act committed against
a minor victim that constitutes a violation of section 609.185,
609.19, 609.195, 609.20, 609.205, 609.21, subdivision 1,
609.221, 609.222, 609.223, 609.342, 609.343, 609.344, 609.345,
609.352, or a felony violation of section 609.322, 609.323,
609.324, or 609.377.
(c) "Disqualifying offense" includes any felony offense,
any misdemeanor, gross misdemeanor, or felony violation of
chapter 152, any violation under section 609.3451, 609.746,
subdivision 1, or 617.23, or a fourth moving violation within a
three-year period.
Subd. 2. [CANCELLATION.] The commissioner Within 10 days
of receiving notice under section 631.40, subdivision 1a, that a
school bus driver has committed been convicted of a crime
against a minor disqualifying offense, the commissioner shall
permanently cancel the school bus driver's endorsement on the
offender's driver's license. Within ten days of receiving
notice under section 631.40, subdivision 1a, that a school bus
driver has been convicted of a gross misdemeanor or a violation
of section 169.121 or 169.129, and within ten days of revoking a
school bus driver's license under section 169.123, the
commissioner shall cancel the school bus driver's endorsement on
the offender's driver's license for five years. After five
years, cancellation of a school bus driver's endorsement for a
conviction under section 169.121 or 169.129 shall remain in
effect until the driver provides proof of successful completion
of an alcohol or controlled substance treatment program. Upon
canceling the offender's school bus driver's endorsement,
the department commissioner shall immediately notify the
licensed offender of the cancellation in writing, by depositing
in the United States post office a notice addressed to the
licensed offender at the licensed offender's last known address,
with postage prepaid thereon.
Subd. 3. [BACKGROUND CHECK.] Before issuing or renewing a
driver's license with a school bus driver's endorsement,
the department commissioner shall conduct an investigation to
determine whether if the applicant has been convicted of
committing a crime against a minor disqualifying offense, a
violation of section 169.121 or 169.129, a gross misdemeanor, or
if the applicant's driver's license has been revoked under
section 169.123. The department commissioner shall not issue a
new bus driver's endorsement and shall not renew an existing bus
driver's endorsement if the applicant has been convicted of
committing a crime against a minor disqualifying offense. The
commissioner shall not issue a new bus driver's endorsement and
shall not renew an existing bus driver's endorsement if, within
the previous five years, the applicant has been convicted of
committing a violation of section 169.121 or 169.129, or a gross
misdemeanor, or if the applicant's driver's license has been
revoked under section 169.123. An applicant who has been
convicted of violating section 169.121 or 169.129 within the
previous ten years must show proof of successful completion of
an alcohol or controlled substance treatment program in order to
receive a bus driver's endorsement.
Subd. 4. [WAIVER OF PERMANENT CANCELLATION.] The
commissioner of public safety, in consultation with the school
bus safety advisory committee, may waive the permanent
cancellation requirement of section 171.3215 for a person
convicted of a nonfelony violation of chapter 152 or a felony
that is not a violent crime under section 609.152.
Sec. 34. Minnesota Statutes 1992, section 631.40,
subdivision 1a, is amended to read:
Subd. 1a. When a person is convicted of committing a crime
against a minor disqualifying offense, as defined in section
171.3215, subdivision 1, a gross misdemeanor, or a violation of
section 169.121 or 169.129, the court shall order that the
presentence investigation include information about determine
whether the offender is a school bus driver as defined in
section 171.3215, subdivision 1, whether the offender possesses
a school bus driver's endorsement on the offender's driver's
license and in what school districts the offender drives a
school bus. If the offender is a school bus driver or possesses
a school bus driver's endorsement, the court administrator shall
send a certified copy of the conviction to the department of
public safety and to the school districts in which the offender
drives a school bus within ten days after the conviction.
Sec. 35. Laws 1993, chapter 224, article 12, section 39,
is amended to read:
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 3520.2400; 3520.2500; 3520.2600;
3520.2800; 3520.3100; 3520.3400; and chapter 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. 36. [ADDITIONAL MINNESOTA SCHOOL BUS CHASSIS
STANDARDS.]
Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The bus
chassis standards contained in this section are required in
addition to those required by Minnesota Statutes, section
169.4501. When a Minnesota standard contained in this section
conflicts with a national standard adopted in Minnesota
Statutes, section 169.4501, the Minnesota standard contained in
this section is controlling.
Subd. 2. [BRAKES.] The braking system must include an
emergency brake. The braking system must meet federal motor
vehicle safety standards in effect at the time of manufacture.
All buses manufactured with air brakes after January 1, 1995,
shall have automatic slack adjusters.
Subd. 3. [CERTIFICATION.] A chassis manufacturer shall
certify that the product meets Minnesota standards. All buses
with a certified manufacturing date prior to April 1, 1977,
shall not be recertified as a school bus after January 1, 1996.
Subd. 4. [COLOR.] Fenders may be painted black. The hood
may be painted nonreflective black or nonreflective yellow. The
grill may be manufacturer's standard color.
Subd. 5. [ELECTRICAL SYSTEM; BATTERY.] (a) The storage
battery, as established by the manufacturer's rating, must be of
sufficient capacity to care for starting, lighting, signal
devices, heating, and other electrical equipment. In a bus with
a gas-powered chassis, the battery or batteries must provide a
minimum of 800 cold cranking amperes. In a bus with a
diesel-powered chassis, the battery or batteries must provide a
minimum of 1050 cold cranking amperes.
(b) In a type B bus with a gross vehicle weight rating of
15,000 pounds or more, and type C and D buses, the battery shall
be temporarily mounted on the chassis frame. The final location
of the battery and the appropriate cable lengths in these buses
must comply with the SBMI design objectives booklet.
(c) All batteries shall be mounted according to chassis
manufacturers' recommendations.
(d) In a type C bus, other than are powered by diesel fuel,
a battery providing at least 550 cold cranking amperes may be
installed in the engine compartment only if used in combination
with a generator or alternator of at least 120 amperes.
(e) A bus with a gross vehicle weight rating of 15,000
pounds or less may be equipped with a battery to provide a
minimum of 550 cold cranking amperes only if used in combination
with an alternator of at least 80 amperes. This paragraph does
not apply to those buses with wheel chair lifts or diesel
engines.
Subd. 6. [ELECTRICAL SYSTEM; ALTERNATOR.] A bus must be
capable of providing enough current at 1400 rpms to provide a
positive charge to the battery with 80 percent of maximum load
with all lights and accessories on. A type B bus with a gross
vehicle weight rating of up to 15,000 pounds equipped with an
electrical power lift must have a minimum 100 ampere per hour
alternator. If not protected by a grommet, wiring passing
through holes must be encased in an abrasive-resistant
protective covering.
Subd. 7. [EXHAUST SYSTEM.] The tailpipe must:
(1) extend to but not more than one inch beyond the bumper
and be mounted outside of the chassis frame rail; or
(2) extend to but not more than one inch beyond the left
side of the bus, behind the driver's compartment. A type A bus
and a type B bus with a gross vehicle weight rating under 15,000
pounds, shall comply with the manufacturer's standard. No
exhaust pipe may exit beneath an emergency exit, or, on a type C
or type D bus, under the fuel fill location. No exhaust pipe
shall be reduced in size beyond the muffler.
Subd. 8. [FRAME.] Installation of a trailer hitch is
permitted. A hitch shall be flush mounted.
Subd. 9. [FUEL TANK.] If mounted behind the rear wheels,
the fuel tank on a vehicle constructed with a power lift unit
shall be between the frame rails. Fuel tanks for a type A bus
and for a type B bus with a gross vehicle weight rating under
15,000 pounds may be manufacturer standard and must conform with
federal motor vehicle safety standard number 301, Code of
Federal Regulations, title 49, part 571.
Subd. 10. [HORN.] A bus shall be equipped with a horn in
good working order and capable of emitting sound audible under
normal conditions from a distance of not less than 200 feet.
Subd. 11. [TIRES AND RIMS.] Radial and bias ply tires
shall not be used on the same axle. Front tire tread depth
shall not be less than 4/32 inch in any major tire tread groove.
Rear tire tread shall not be less than 2/32 inch. Tires must be
measured in three locations around the tire, in two adjoining
grooves. No recapped tires shall be used on the front wheels.
Recapped tires are permitted on the rear wheels.
Subd. 12. [TRANSMISSION.] The transmission shifting
pattern must be permanently displayed in the driver's full view.
Sec. 37. [ADDITIONAL MINNESOTA SCHOOL BUS BODY STANDARDS.]
Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The bus
body standards contained in this section are required in
addition to those required by Minnesota Statutes, section
169.450, and section 36. When a Minnesota standard contained in
this section conflicts with a national standard adopted in
Minnesota Statutes, section 169.450, the Minnesota standard
contained in this section is controlling.
Subd. 2. [BACKUP WARNING ALARM.] A spring-loaded button in
the driver's compartment that will temporarily disable the
backup alarm is allowed for usage in school bus overnight
parking lots and repair facilities.
Subd. 3. [BUMPER; FRONT.] On a type D school bus, the
bumper shall conform to federal motor vehicle safety standards.
Subd. 4. [CERTIFICATION.] A body manufacturer shall
certify that the product meets Minnesota standards.
Subd. 5. [COLOR.] Fenderettes may be black. The beltline
may be painted yellow over black or black over yellow. The rub
rails shall be black. The reflective material on the sides of
the bus body shall be at least one inch but not more than two
inches in width. This reflective material requirement and the
requirement that "SCHOOL BUS" signs have reflective material as
background are effective for buses manufactured after January 1,
1996.
Subd. 6. [COMMUNICATIONS.] All buses manufactured after
January 1, 1995, shall have a two-way voice communications
system.
Subd. 7. [CONSTRUCTION.] The metal floor shall be covered
with plywood. The plywood shall be at least 19/32 inches thick,
and must equal or exceed properties of exterior-type softwood
plywood, grade C-D, as specified in product standard PSI-I83
issued by the United States Department of Commerce. The floor
shall be level from front to back, and side to side, except in
wheel housing, toe board, and driver's seat platform areas.
Subd. 8. [DEFROSTERS.] Except as provided in this
subdivision, defrosters and two auxiliary fans must direct a
sufficient flow of heated air and shall be of sufficient
capacity to keep the windshield, window to the left of the
driver, and glass in the entrance door clear of fog, frost, and
snow. A type A or type B bus with a gross vehicle weight rating
under 15,000 pounds may be equipped with one auxiliary fan.
Subd. 9. [DOORS; SERVICE DOOR.] A type B bus with a gross
vehicle weight rating of 15,000 pounds or over may not have a
door to the left of the driver. A type B bus with a gross
vehicle weight rating under 15,000 pounds may be equipped with
chassis manufacturer's standard door.
Subd. 10. [EMERGENCY EQUIPMENT; FIRE EXTINGUISHERS.] The
fire extinguisher must have at least a 10BC rating.
Subd. 11. [EMERGENCY EQUIPMENT; WARNING DEVICES.] A
flashlight with a minimum of two "C" batteries shall be included
as part of the emergency equipment. Each bus equipped with seat
belts for pupil passengers shall contain a seat belt cutter for
use in emergencies. The belt cutter must be designed to
eliminate the possibility of injury during use, and must be
secured in a safe location.
Subd. 12. [HEATERS.] The heating system shall be capable
of maintaining the temperature throughout the bus of not less
than 50 degrees Fahrenheit during average minimum January
temperature as established by the United States Department of
Commerce. In a bus with a combustion heater, the heater must be
installed by the body manufacturer, by an authorized dealer or
authorized garage, or by a mechanic trained in the procedure.
Subd. 13. [IDENTIFICATION.] (a) Each bus shall, in the
beltline, identify the school district serviced, or company
name, or owner of the bus. Numbers necessary for identification
must appear on the sides and rear of the bus. Symbols or
letters may be used on the outside of the bus near the entrance
door for student identification. A manufacturer's nameplate may
be placed on the side of the bus near the entrance door and on
the rear.
(b) Effective December 31, 1994, all buses sold must
display lettering "Unlawful to pass when red lights are
flashing" on the rear of the bus. The lettering shall be in
two-inch black letters on school bus yellow background. This
message shall be displayed directly below the upper window of
the rear door. On rear engine buses, it shall be centered at
approximately the same location. Only signs and lettering
approved or required by state law may be displayed.
Subd. 14. [INSULATION.] (a) Ceilings and wall shall be
insulated to a minimum of one and one-half inch fiberglass and
installed so the insulation does not compact or sag. Floor
insulation must be nominal 19/32 inches thick plywood, or a
material of equal or greater strength and insulation R value
that equals or exceeds properties of exterior-type softwood
plywood, C-D grade as specified in standard issued by the United
States Department of Commerce. Type A and B buses with a gross
vehicle weight rating under 15,000 pounds must have a minimum of
one-half inch plywood. All exposed edges on plywood shall be
sealed. Every school bus shall be constructed so that the noise
level taken at the ear of the occupant nearest to the primary
vehicle noise source shall not exceed 85 dba when tested
according to procedures in the 1990 national standards for
school buses and operations.
(b) The underside of metal floor may be undercoated with
polyurethane floor insulation, foamed in place. The floor
insulation must be combustion resistant. The authorization in
this paragraph does not replace the plywood requirement.
Subd. 15. [INTERIOR.] Interior speakers, except in the
driver's compartment, must not protrude more than one-half inch
from the mounting surface.
Subd. 16. [LAMPS AND SIGNALS.] (a) Each school bus shall
be equipped with a system consisting of four red signal lamps
designed to conform to SAE Standard J887, and four amber signal
lamps designed to that standard, except for color, and except
that their candlepower must be at least 2-1/2 times that
specified for red turn signal lamps. Both red and amber signal
lamps must be installed in accordance with SAE Standard J887,
except that each amber signal lamp must be located near each red
signal lamp, at the same level, but closer to the centerline of
the bus. The system must be wired so that the amber signal
lamps are activated only by hand operation, and if activated,
are automatically deactivated and the red signal lamps are
automatically activated when the bus entrance door is opened.
Signal lamps must flash alternately. Each signal lamp must
flash not less than 60 nor more than 120 flashes per minute.
The "on" period must be long enough to permit filament to come
up to full brightness. There must be a pilot lamp which goes on
when the respective amber or red system is activated. The pilot
lamp must either go out or flash at an alternate rate in the
event the system is not functioning normally. The signal lamp
system must include a closed control box. The box must be as
small as practical, and must be easily dismounted or partially
disassembled to provide access for maintenance purposes. The
control panel box shall be arranged such that the momentary
activating switch for the eight-lamp warning system shall be
located on the left, the red (or red and amber) pilot light
shall be located in the middle, and the eight-way master switch
shall be located on the right. The control box must be securely
mounted to the right of the steering wheel, within easy
unobstructed reach of the driver. Switches and pilot lamp must
be readily visible to the driver. The activating switch may be
self-illuminated. Other warning devices or lamp controls must
not be placed near the lamp control. The stop arm shall extend
automatically whenever the service entrance door is opened and
the eight-way lights are activated.
(b) If installed, a white flashing strobe shall be of a
double flash type and have minimum effective light output of 200
candelas. No roof hatch can be mounted behind the strobe light.
(c) Type B, C, and D buses shall have an amber clearance
lamp with a minimum of four candlepower mounted on the right
side of the body at approximately seat level rub rail height
just to the rear of the service door and another one at
approximately opposite the driver's seat on the left side.
These lamps are to be connected to operate only with the regular
turn signal lamps.
(d) All lamps on the exterior of the vehicle must conform
with and be installed as required by federal motor vehicle
safety standard number 108, Code of Federal Regulations, title
49, part 571.
(e) A type A, B, C, or D school bus manufactured for use in
Minnesota after December 31, 1994, may not be equipped with red
turn signal lenses on the rear of the bus.
Subd. 17. [MIRRORS.] A type B bus with a gross vehicle
weight rating less than 15,000 pounds shall have a minimum of
six-inch by 16-inch mirror. A type B bus with a gross vehicle
weight rating over 15,000 pounds shall have a minimum of a
six-inch by 30-inch mirror. After January 1, 1995, all school
buses must be equipped with a minimum of two crossover mirrors,
mounted to the left and right sides of the bus.
Subd. 18. [OVERALL WIDTH.] The overall width limit
excludes mirrors, mirror brackets, and the stop arm.
Subd. 19. [RUB RAILS.] There shall be one rub rail at the
base of the skirt of the bus on all type B, C, and D buses.
Subd. 20. [SEAT AND CRASH BARRIERS.] All restraining
barriers and passenger seats shall be covered with a material
that has fire retardant or fire block characteristics. All
seats must face forward. All seat and crash barriers must be
installed according to and conform to federal motor vehicle
safety standard number 222, Code of Federal Regulations, title
49, part 571.
Subd. 21. [STOP SIGNAL ARM.] The stop signal arm shall be
installed near the front of the bus.
Subd. 22. [SUN SHIELD.] A type A bus and a type B bus with
a gross vehicle weight rating less than 15,000 pounds must be
equipped with the standard manufacturer's solid visor is
acceptable or a six-inch by 16-inch sun shield.
Subd. 23. [WINDOWS.] Windshield, entrance, and rear
emergency exit doors must be of approved safety glass.
Laminated or tempered glass (AS-2 or AS-3) is permitted in all
other windows. All glass shall be federally approved and marked
as provided in Minnesota Statutes, section 169.74. The
windshield may be of uniform tint throughout or may have a
horizontal gradient band starting slightly above the line of
vision and gradually decreasing in light transmission to 20
percent or less at the top of the windshield. The use of tinted
glass, as approved by Minnesota Statutes, section 169.71, is
permitted on side windows and rear windows except for the
entrance door, the first window behind the service door, and the
window to the left of the driver. The window to the left of the
driver, the upper service door windows, and the window
immediately behind the entrance door must be thermal glass. The
window to the left of the driver for type A and B buses with a
gross vehicle weight rating under 15,000 pounds need not be
thermal glass.
Subd. 24. [WIRING.] If not protected by a grommet, wire
that passes through holes shall be encased in an
abrasive-resistant protective covering. If a master cutoff
switch is used, it shall not be wired as to kill power to the
electric brake system.
Sec. 38. [ADDITIONAL MINNESOTA STANDARDS FOR SPECIALLY
EQUIPPED SCHOOL BUSES.]
Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The
specially equipped school bus standards contained in this
section are required in addition to those required by Minnesota
Statutes, section 169.450. When a Minnesota standard contained
in this section conflicts with a national standard adopted in
Minnesota Statutes, section 169.450, the Minnesota standard
contained in this section is controlling.
Subd. 2. [COMMUNICATIONS.] All vehicles used to transport
disabled students shall be equipped with a two-way communication
system.
Subd. 3. [RESTRAINING DEVICES.] Special restraining
devices such as shoulder harnesses, lap belts, and chest
restraint systems may be installed to the seats if the devices
do not require the alteration in any form of the seat, seat
cushion, framework, or related seat components. The restraints
must be for the sole purpose of restraining students with
disabilities.
Subd. 4. [SECUREMENT SYSTEM FOR MOBILE
SEATING.] Wheelchair securement devices must comply with all
requirements for wheelchair securement systems contained in
federal regulation in effect on the later of the date the bus
was manufactured or the date that a wheelchair securement system
was added to the bus.
Sec. 39. [OPERATIONS RULES; CONTINUED EFFECT.]
Notwithstanding Minnesota Statutes 1992, section 14.05,
subdivision 1, Minnesota Rules 1991, parts 3520.2400, 3520.2500,
3520.2600, 3520.2800, 3520.3100, and 3520.3400, remain in effect
prior to June 30, 1995, until the commissioner of public safety
adopts rules relating to school bus operations.
Sec. 40. [CURRENT BUS DRIVER TRAINING TIMELINE.]
A school bus driver hired before the effective date of
section 31 must meet the training competencies during the
driver's first annual evaluation under section 32.
Sec. 41. [APPROPRIATION; DEPARTMENT OF EDUCATION.]
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 year designated.
Subd. 2. [STUDENT TRANSPORTATION SAFETY.] For student
transportation safety aid according to Minnesota Statutes,
section 124.225, subdivision 8m:
$2,985,000 ....... 1995
Sec. 42. [APPROPRIATION; DEPARTMENT OF PUBLIC SAFETY.]
Subdivision 1. [DEPARTMENT OF PUBLIC SAFETY.] The sums
indicated in this section are appropriated from the general fund
to the commissioner of public safety for the fiscal year
designated.
Subd. 2. [SAFETY ADVISORY COMMITTEE.] For the school bus
safety advisory committee according to Minnesota Statutes,
section 169.44:
$15,000 ....... 1995
Sec. 43. [REPEALER.]
Minnesota Statutes 1992, sections 169.441, subdivision 2;
169.442, subdivisions 2 and 3; 169.445, subdivision 3; 169.447,
subdivision 3; and 169.45, are repealed. Minnesota Statutes
1993 Supplement, section 123.80, is repealed.
Minnesota Rules, parts 3520.3600 and 3520.3700, are
repealed.
If enacted, 1994 S.F. No. 2913, article 4, section 81, is
repealed.
ARTICLE 13
CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 1992, section 121.908,
subdivision 5, is amended to read:
Subd. 5. All governmental units formed by joint powers
agreements entered into by districts pursuant to section 120.17,
120.1701, 123.351, 471.59, or any other law and all educational
cooperative service units and education districts shall be
subject to the provisions of this section.
Sec. 2. Minnesota Statutes 1992, section 122.91,
subdivision 3, is amended to read:
Subd. 3. [REQUIREMENTS FOR FORMATION.] An education
district must have one of the following at the time of formation:
(1) at least five districts;
(2) at least four districts with a total of at least 5,000
pupils in average daily membership; or
(3) at least four districts with a total of at least 2,000
square miles.
Members of an education district must be contiguous.
Districts with a cooperation agreement according to section
122.541 may belong to an education district only as a unit.
A noncontiguous district may be a member of an education
district if the state board of education determines that:
(1) a district between the education district and the
noncontiguous district has considered and is unwilling to become
a member; or
(2) a noncontiguous configuration of member districts has
sufficient technological or other resources to offer effective
levels of programs and services required under sections 122.94,
subdivision 2, and 122.945.
Sec. 3. Minnesota Statutes 1992, section 122.937,
subdivision 4, is amended to read:
Subd. 4. [JOINDER AND WITHDRAWAL.] (a) Notwithstanding
section 122.91, subdivision 5, A member district of an education
district that has entered into a collective bargaining agreement
negotiated by the education district under this section may
withdraw from the education district only at the end of a
two-year period for which the collective bargaining agreement is
in effect. A member district withdrawing under this subdivision
must notify the education district board at least 365 days
before withdrawing. The teachers in a withdrawing member
district are governed by the collective bargaining agreement in
effect for the education district until a successor agreement is
negotiated by the withdrawing district.
(b) Notwithstanding section 122.91, subdivision 5, A school
district may join an education district that has entered into a
collective bargaining agreement negotiated by the education
district under this section only at the end of the two-year
period for which the collective bargaining agreement is in
effect.
Sec. 4. Minnesota Statutes 1992, section 123.932,
subdivision 11, is amended to read:
Subd. 11. "Health services" means physician, dental,
nursing or optometric services provided to pupils in the field
of physical or mental health; provided the term does not include
direct educational instruction, services which are required
pursuant to section sections 120.17 and 120.1701, or services
which are eligible to receive special education aid pursuant to
section 124.32.
Sec. 5. Minnesota Statutes 1992, section 124.223,
subdivision 4, is amended to read:
Subd. 4. [PUPILS WITH DISABILITIES.] State transportation
aid is authorized for transportation or board and lodging of a
pupil with a disability when that pupil cannot be transported on
a regular school bus, the conveying of pupils with a disability
between home or a respite care facility and school and within
the school plant, necessary transportation of pupils with a
disability from home or from school to other buildings,
including centers such as developmental achievement centers,
hospitals and treatment centers where special instruction or
services required by section sections 120.17 and 120.1701 are
provided, within or outside the district where services are
provided, and necessary transportation for resident pupils with
a disability required by section sections 120.17, subdivision 4a
, and 120.1701. Transportation of pupils with a disability
between home or a respite care facility and school shall not be
subject to any distance requirement for children not yet
enrolled in kindergarten or to the requirement in subdivision 1
that elementary pupils reside at least one mile from school and
secondary pupils reside at least two miles from school in order
for the transportation to qualify for aid.
Sec. 6. Minnesota Statutes 1992, section 124.223,
subdivision 6, is amended to read:
Subd. 6. [SHARED TIME.] State transportation aid is
authorized for transportation from one educational facility to
another within the district for resident pupils enrolled on a
shared time basis in educational programs, and necessary
transportation required by section sections 120.17, subdivision
9, and 120.1701 for resident pupils with a disability who are
provided special instruction and services on a shared time basis.
Sec. 7. Minnesota Statutes 1993 Supplement, 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) clause (5), 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
sections 120.17 and 120.1701 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'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'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 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. 8. Minnesota Statutes 1992, section 124.2721,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] An education district is
eligible for education district revenue if the department
certifies that it meets the requirements of sections section
122.91, subdivisions 3 and 4, and 122.945. The pupil units of a
school district that is a member of intermediate district No.
287, 916, or 917 may not be used to obtain revenue under this
section. The pupil units of a school district may not be used
to obtain revenue under this section and section 124.575.
Sec. 9. Minnesota Statutes 1992, section 124.2721,
subdivision 5, is amended to read:
Subd. 5. [USES OF REVENUE.] Education district revenue is
under the control of the education district board. Education
district revenue must be used by the education district board to
provide educational programs according to the agreement adopted
by the education district board, as required by section 122.94.
The education district board may pay to member school
districts a part of the education district revenue received by
the education district under this section only for programs that
are (1) available to all member districts, and (2) included in
the five-year plan under section 122.945.
Sec. 10. Minnesota Statutes 1992, section 124.32,
subdivision 7, is amended to read:
Subd. 7. [PROGRAM AND AID APPROVAL.] Before June 1 of each
year, each district providing special instruction and services
to children with a disability shall submit to the commissioner
an application for approval of these programs and their budgets
for the next school year. The application shall include an
enumeration of the costs proposed as eligible for state aid
pursuant to this section and of the estimated number and grade
level of children with a disability in the district who will
receive special instruction and services during the next school
year. The application shall also include any other information
deemed necessary by the commissioner for the calculation of
state aid and for the evaluation of the necessity of the
program, the necessity of the personnel to be employed in the
program, the amount which the program will receive from grants
from federal funds, or special grants from other state sources,
and the program's compliance with the rules and standards of the
state board. The commissioner shall review each application to
determine whether the program and the personnel to be employed
in the program are actually necessary and essential to meet the
district's obligation to provide special instruction and
services to children with a disability pursuant to section
sections 120.17 and 120.1701. The commissioner shall not
approve aid pursuant to this section for any program or for the
salary of any personnel determined to be unnecessary or
unessential on the basis of this review. The commissioner may
also withhold all or any portion of the aid for programs which
receive grants from federal funds, or special grants from other
state sources. By August 31 the commissioner shall approve,
disapprove or modify each application, and notify each applying
district of the action and of the estimated amount of aid for
the programs. The commissioner shall provide procedures for
districts to submit additional applications for program and
budget approval during the school year, for programs needed to
meet any substantial changes in the needs of children with a
disability in the district. Notwithstanding the provisions of
section 124.15, the commissioner may modify or withdraw the
program or aid approval and withhold aid pursuant to this
section without proceeding according to section 124.15 at any
time the commissioner determines 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. 11. Minnesota Statutes 1992, section 127.43,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] For the purposes of
providing instruction to children with a disability under
section sections 120.17 and 120.1701, this section, and section
127.44, the following terms have the meanings given them.
Sec. 12. Minnesota Statutes 1992, section 136D.23,
subdivision 2, is amended to read:
Subd. 2. [LIABILITY.] Except as to certificates of
indebtedness or bonds issued under sections 136D.27 and section
136D.28 hereof, no participating school district shall have
individual liability for the debts and obligations of the board
nor shall any individual serving as a member of the board have
such liability.
Sec. 13. Minnesota Statutes 1992, section 136D.26, is
amended to read:
136D.26 [DISTRICT CONTRIBUTIONS, DISBURSEMENTS, CONTRACTS.]
In addition to or in lieu of the certification of tax
levies by the joint school board under section 136D.27, The
participating school districts may contribute funds to the
board. Disbursements shall be made by the board in accordance
with section 123.34. This board shall be subject to section
123.37.
Sec. 14. Minnesota Statutes 1992, section 136D.74,
subdivision 2a, is amended to read:
Subd. 2a. [PROHIBITED LEVIES.] Notwithstanding subdivision
4, section 136D.73, subdivision 3, or any other law to the
contrary, the intermediate school board may not certify, either
itself, to any participating district, or to any cooperating
school district, any levies for any purpose, except the levies
authorized by sections 124.2727, 124.83, subdivision 4, 127.05,
136C.411, 275.48, and 475.61, and for the intermediate school
board's obligations under section 268.06, subdivision 25, for
which a levy is authorized by section 124.912, subdivision 1.
Sec. 15. Minnesota Statutes 1992, section 136D.83,
subdivision 2, is amended to read:
Subd. 2. [LIABILITY.] Except as to certificates of
indebtedness or bonds issued under section 136D.87 or 136D.89
hereof, no participating school district shall have individual
liability for the debts and obligations of the board nor shall
any individual serving as a member of the board have such
liability.
Sec. 16. Minnesota Statutes 1992, section 136D.86, is
amended to read:
136D.86 [DISTRICT CONTRIBUTIONS, DISBURSEMENTS, CONTRACTS.]
In addition to or in lieu of the certification of tax
levies by the joint school board under section 136D.87, The
participating school districts may contribute funds to the
board. Disbursements shall be made by the board in accordance
with section 123.34. This board shall be subject to section
123.37.
Sec. 17. Minnesota Statutes 1992, section 171.01,
subdivision 22, is amended to read:
Subd. 22. [COMMERCIAL MOTOR VEHICLE.] "Commercial motor
vehicle" means a motor vehicle or combination of motor vehicles
used to transport passengers or property if the motor vehicle:
(1) has a gross vehicle weight of more than 26,000 pounds;
(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;
(3) is a bus;
(4) is of any size and is used in the transportation of
hazardous materials, except for those vehicles having a gross
vehicle weight of 26,000 pounds or less and carrying in bulk
tanks a total of not more than 200 gallons of liquid fertilizer
and petroleum products; or
(5) is outwardly equipped and identified as a school bus,
except for school buses defined in section 169.01, subdivision
6, paragraph (c) clause (5).
Sec. 18. Minnesota Statutes 1993 Supplement, section
245.492, subdivision 10, is amended to read:
Subd. 10. [INTERAGENCY EARLY INTERVENTION COMMITTEE.]
"Interagency early intervention committee" refers to the
committee established under section 120.17 120.1701, subdivision
12 5.
Sec. 19. Minnesota Statutes 1992, section 252.21, is
amended to read:
252.21 [COUNTY BOARDS MAY MAKE GRANTS FOR DEVELOPMENTAL
ACHIEVEMENT CENTER SERVICES FOR CHILDREN WITH MENTAL RETARDATION
OR RELATED CONDITIONS.]
In order to assist county boards in carrying out
responsibilities for the provision of daytime developmental
achievement center services for eligible children, the county
board or boards are hereby authorized to make grants, within the
limits of the money appropriated, to developmental achievement
centers for services to children with mental retardation or
related conditions. In order to fulfill its responsibilities to
children with mental retardation or related conditions as
required by sections 120.17, 120.1701, and 256E.08, subdivision
1, a county board may, beginning January 1, 1983, contract with
developmental achievement centers or other providers.
ARTICLE 14
BURNSVILLE
Section 1. Minnesota Statutes 1992, section 124.242, is
amended to read:
124.242 [BUILDING BONDS FOR CALAMITIES.]
Subdivision 1. [BONDS.] When a building owned by a school
district is substantially damaged by an act of God or other
means beyond the control of the district, the district may issue
general obligation bonds without an election to provide money
immediately to carry out its adopted health and safety program.
Each year the district must pledge an attributable share of its
health and safety revenue to the repayment of principal and
interest on the bonds. The pledged revenue shall be transferred
to the debt redemption fund of the district. The district shall
submit to the department of education the repayment schedule for
any bonds issued under this section. The district shall deposit
in the debt redemption fund all proceeds received for specific
costs for which the bonds were issued, including but not limited
to:
(1) insurance proceeds;
(2) restitution proceeds; and
(3) proceeds of litigation or settlement of a lawsuit.
Before bonds are issued, the district must submit a
combined application to the commissioner of education for health
and safety revenue, according to section 124.83, and requesting
review and comment, according to section 121.15, subdivisions 6,
7, 8, and 9. The commissioner shall complete all procedures
concerning the combined application within 20 days of receiving
the application. The publication provisions of section 121.15,
subdivision 9, do not apply to bonds issued under this section.
Subd. 2. [HEALTH AND SAFETY REVENUE.] For any fiscal year
where the total amount of health and safety revenue is limited,
the commissioner of education shall award highest priority to
health and safety revenue pledged to repay building bonds issued
under subdivision 1.
Sec. 2. Laws 1993, chapter 224, article 5, section 46,
subdivision 4, is amended to read:
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. In addition to the
criteria developed by the state board of education, for any
health and safety revenue authority that is redistributed, the
commissioner shall place highest priority on requests for health
and safety revenue to address calamities. The commissioner may
request documentation as necessary from school districts for the
purpose of reestablishing health and safety revenue priorities.
(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, and the amount of the
transfer must be determined and the transfer made as of November
1, 1994 1993. The projections and the amount of the transfer
may be revised to reflect corrected data as of June 1, 1994.
The transfer must be made as of July 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.
Sec. 3. [WAIVER OF RULES AND STATUTES.]
Upon approval of the commissioner of education, for the
1993-1994 school year only, independent school district No. 191,
Burnsville, may provide a shorter school day than required by
Minnesota Rules, part 3500.1200, and may offer fewer
instructional days and maintain school for fewer required days
than specified by Minnesota Statutes, sections 120.101,
subdivision 5b, and 124.19, and is not subject to a general
education aid reduction.
Sec. 4. [APPROPRIATIONS.]
$500,000 is appropriated from the general fund to the
commissioner of education in fiscal year 1995 to make a grant to
independent school district No. 191, Burnsville.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 4 are effective the day following final
enactment.
ARTICLE 15
TECHNICAL COLLEGES
Section 1. [TECHNICAL COLLEGE FUNDING SHIFT.]
$24,000,000 is appropriated in fiscal year 1995 from the
general fund to the state board of technical colleges to
eliminate the funding shift under Minnesota Statutes 1992,
section 136C.36, and to provide 100 percent funding in the year
for which it is appropriated.
Presented to the governor May 9, 1994
Signed by the governor May 10, 1994, 6:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes