Office of the Revisor of Statutes
Minnesota Session Laws - 1995, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 3-H.F.No. 4
An act relating to government financing; providing for
education general and uniform revenue; education
transportation; education special programs; community
programs; education facilities; education organization
and cooperation; education excellence; other education
programs; miscellaneous education provisions;
libraries; state agencies; education technology;
technical and conforming amendments; budget reserve
and cost management; education targeted needs revenue;
establishing the department of children, families, and
learning; providing for penalties; appropriating
money; amending Minnesota Statutes 1994, sections
6.62, subdivision 1; 13.43, subdivision 2; 16A.152,
subdivisions 2, 4, and by adding a subdivision;
16B.465; 43A.316, subdivision 2; 62L.08, subdivision
7a; 116J.655; 120.064; 120.101, subdivision 5c, and by
adding a subdivision; 120.17, subdivisions 3a, 3b, and
by adding a subdivision; 120.74, subdivision 1;
120.75, subdivision 1; 121.11, subdivision 7c; 121.15,
subdivision 6; 121.207, subdivisions 2 and 3; 121.702,
by adding a subdivision; 121.705; 121.706; 121.707,
subdivisions 2, 3, 4, 6, and 7; 121.708; 121.709;
121.710; 121.8355, subdivision 2; 121.885,
subdivisions 1 and 4; 121.904, subdivisions 4a and 4c;
121.912, subdivisions 1, 1b, and 6; 121.931; 121.932;
121.933, subdivision 1; 121.935; 122.21, subdivision
4; 122.532, subdivision 3a; 122.895, subdivisions 1,
8, and 9; 122.91, subdivisions 1, 2, and 2a; 122.92,
subdivision 1; 122.93, subdivision 1; 122.94,
subdivision 1; 123.34, by adding a subdivision;
123.35, subdivision 19b; 123.351, subdivisions 1, 3,
4, and 5; 123.3514, subdivisions 4d, 7, 8, and by
adding a subdivision; 123.39, subdivision 1; 123.70,
subdivision 8; 123.78, subdivision 1; 123.79,
subdivision 1; 123.7991, subdivisions 2 and 3;
123.805, subdivisions 1 and 2; 124.06; 124.14, by
adding a subdivision; 124.155, subdivision 2; 124.17,
subdivisions 1, 1d, 2f, and by adding a subdivision;
124.193; 124.195, subdivision 10, and by adding
subdivisions; 124.2139; 124.214, subdivisions 2 and 3;
124.223; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a,
8l, 8m, 9, and by adding subdivisions; 124.226,
subdivisions 3, 4, 9, and by adding a subdivision;
124.243, subdivision 2; 124.244, subdivisions 1 and 4;
124.2445; 124.2455; 124.248; 124.261, subdivision 1;
124.2711, subdivision 2a; 124.2713, subdivision 6;
124.2725, subdivisions 1, 3, 4, and 15; 124.2726,
subdivisions 1, 2, and 4; 124.2728, subdivision 1;
124.273, by adding subdivisions; 124.32, subdivisions
7, 10, and 12; 124.321, subdivisions 1 and 2; 124.322;
124.323, subdivisions 1, 2, and by adding a
subdivision; 124.431, subdivision 2; 124.574,
subdivisions 7, 9, and by adding subdivisions; 124.83,
subdivision 4; 124.84, subdivision 3; 124.91,
subdivisions 3 and 5; 124.912, subdivision 1; 124.916,
subdivision 2; 124.918, subdivisions 1 and 2; 124.95,
subdivisions 2, 4, and 6; 124.961; 124A.02,
subdivision 16; 124A.03, subdivisions 1c, 1g, 1h, and
2; 124A.0311, subdivision 4; 124A.22, subdivisions 1,
2, 3, 4, 4a, 4b, 6, 6a, 8a, 9, and by adding
subdivisions; 124A.225, subdivisions 1 and 2; 124A.23,
subdivisions 1 and 4; 124A.24; 124A.29, subdivision 1;
124C.07; 124C.08, subdivision 2; 124C.45, subdivision
1; 124C.46, subdivision 2; 124C.48, subdivision 1;
124C.60, subdivision 1; 125.12, subdivision 3; 125.62,
subdivisions 1 and 7; 125.623, subdivision 2; 126.031,
subdivision 1; 126.15, subdivision 2; 126.22,
subdivisions 2 and 3; 126.49, by adding a subdivision;
126.666, subdivision 2; 126.70; 126.78, subdivision 2;
126A.01; 126A.02, subdivision 2; 126B.01; 126B.03,
subdivisions 2 and 3; 127.40; 127.41; 127.42; 128A.02,
subdivisions 1, 3, 5, and by adding a subdivision;
128A.021; 128A.022, subdivisions 1 and 6; 128A.024,
subdivision 4; 128A.025, subdivisions 1 and 2;
128A.026; 128A.05, subdivisions 1 and 2; 128B.08;
128B.10, subdivision 1; 134.155; 134.34, subdivision
4a; 134.351, subdivision 4; 169.01, subdivision 6;
169.21, subdivision 2; 169.444, subdivision 2;
169.4502, subdivision 4; 169.4503, by adding a
subdivision; 169.451, by adding a subdivision;
169.452; 169.454, subdivision 5, and by adding a
subdivision; 171.01, subdivision 21; 171.18,
subdivision 1; 171.321, subdivisions 3, 4, and 5;
171.3215, subdivisions 1, 2, and 3; 237.065; 256F.13,
subdivision 1; 275.065, subdivision 1; 275.60;
469.1831, subdivision 4; 631.40, subdivision 1a; Laws
1965, chapter 705, section 1, subdivisions 3 and 4;
Laws 1992, chapter 499, article 11, section 9, as
amended; Laws 1993, chapter 224, article 8, section
21, subdivision 1; Laws 1993, chapter 224, article 12,
section 32, as amended; Laws 1993, chapter 224,
article 12, sections 39 and 41; Laws 1994, chapter
587, article 3, section 19, subdivision 1; Laws 1994,
chapter 647, article 1, section 36; Laws 1994, chapter
647, article 3, section 25; and Laws 1994, chapter
647, article 7, section 15; proposing coding for new
law in Minnesota Statutes, chapters 120; 123; 124;
124C; 126B; 127; 134; 136D; 145; 169; 604A; proposing
coding for new law as Minnesota Statutes, chapter
119A; repealing Minnesota Statutes 1994, sections
3.198; 121.702, subdivision 9; 121.703; 121.912,
subdivision 8; 121.93; 121.936; 123.58; 124.17,
subdivision 1b; 124.243; 124.244; 124.273,
subdivisions 1b and 2c; 124.32, subdivisions 1b, 1c,
1d, 1f, 2, and 3a; 124.574, subdivisions 2b, 3, 4, and
4a; 124.912, subdivision 8; 124.962; 124A.04,
subdivision 1; 124A.26; 124A.27, subdivision 11;
125.05, subdivision 7; 125.138, subdivisions 6, 7, 8,
9, 10, and 11; 125.231, subdivision 2; 126.019;
126B.02; 126B.03, subdivision 1; 126B.04; 126B.05;
128A.02, subdivisions 2 and 4; 128A.03; Laws 1991,
chapter 265, article 5, section 23, as amended; Laws
1992, chapter 499, article 7, section 27; Laws 1993,
First Special Session chapter 2, article 5, sections
1; and 2, as amended; and Laws 1995, chapter 207,
article 1, section 9, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL AND UNIFORM REVENUE
Section 1. Minnesota Statutes 1994, section 6.62,
subdivision 1, is amended to read:
Subdivision 1. [LEVY OF TAX.] Counties, cities and towns
are authorized, if necessary, to levy an amount sufficient to
pay the expense of a postaudit by the state auditor.
A school district is authorized to levy an amount
sufficient to pay for the expense of a postaudit by the state
auditor if the audit is performed at the discretion of the state
auditor pursuant to section 6.51 or if the audit has been
requested through a petition by eligible voters pursuant to
section 6.54. A school district is not authorized to levy these
amounts if the postaudit by the state auditor is requested by
the school board pursuant to section 6.55.
Sec. 2. Minnesota Statutes 1994, section 121.15,
subdivision 6, is amended to read:
Subd. 6. [REVIEW AND COMMENT.] No referendum for bonds or
solicitation of bids A school district must not initiate an
installment contract for purchase, hold a referendum for bonds,
nor solicit bids for new construction, expansion, or remodeling
of an educational facility that requires an expenditure in
excess of $400,000 per school site shall be initiated prior to
review and comment by the commissioner. A school board shall
not separate portions of a single project into components to
avoid the requirements of this subdivision.
Sec. 3. Minnesota Statutes 1994, section 121.904,
subdivision 4a, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district, including distributions
made pursuant to section 279.37, subdivision 7, and excluding
the amount levied pursuant to section 124.914, subdivision 1.
(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 37.4 48
percent for fiscal year 1994 1996 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) 37.4 48 percent for fiscal year 1994 1996 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;
(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. 4. Minnesota Statutes 1994, section 121.904,
subdivision 4c, is amended to read:
Subd. 4c. [PROPERTY TAX SHIFT REDUCTION CHANGE IN LEVY
RECOGNITION PERCENT.] (a) Money 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 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 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 increased or decreased as provided in
this subdivision, a special aid adjustment shall be made to each
school district with an operating referendum levy:
(i) When the levy recognition percent is increased from the
prior fiscal year, the commissioner of education shall calculate
the difference between (1) the amount of the levy under section
124A.03, that is recognized as revenue for the current fiscal
year according to subdivision 4a; and (2) the amount of the
levy, under section 124A.03, that would have been recognized as
revenue for the current fiscal year had the percentage according
to subdivision 4a, not been increased. The commissioner shall
reduce other aids due the district by the amount of the
difference. This aid reduction shall be in addition to the aid
reduction required because of the increase pursuant to this
subdivision of the levy recognition percent.
(ii) When the levy recognition percent is reduced as
provided in this subdivision from the prior fiscal year, 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 when the levy
recognition percent was last increased. 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. 5. Minnesota Statutes 1994, section 122.532,
subdivision 3a, is amended to read:
Subd. 3a. [INTERIM CONTRACTUAL AGREEMENTS.] (a) Until a
successor contract is executed between the new school board and
the exclusive representative of the teachers of the new
district, the school boards of both districts and the exclusive
representatives of the teachers of both districts may agree:
(1) to comply with the contract of either district with
respect to all of the teachers assigned to the new district; or
(2) that each of the contracts shall apply to the teachers
previously subject to the respective contract.
(b) In the absence of an agreement according to paragraph
(a), the following shall apply:
(1) if the effective date is July 1 of an even-numbered
year, each of the contracts shall apply to the teachers
previously subject to the respective contract and shall be
binding on the new school board; or
(2) if the effective date is July 1 of an odd-numbered
year, the contract of the district that previously employed the
largest proportion of teachers assigned to the new district
applies to all of the teachers assigned to the new district and
shall be binding on the new school board. The application of
this section shall not result in a reduction in a teacher's
basic salary, payments for cocurricular or extracurricular
assignments, district contributions toward insurance coverages
or tax-sheltered annuities, leaves of absence, or severance pay
until a successor contract is executed between the new school
board and the exclusive representative.
Sec. 6. Minnesota Statutes 1994, section 124.06, is
amended to read:
124.06 [INSUFFICIENT FUNDS TO PAY ORDERS.]
(a) In the event that a district or a cooperative unit
defined in section 123.35, subdivision 19b, has insufficient
funds to pay its usual lawful current obligations, subject to
section 471.69, the board may enter into agreements with banks
or any person to take its orders at any rate of interest not to
exceed six percent per annum. Any order drawn after having been
presented to the treasurer for payment and not paid for want of
funds shall be endorsed by the treasurer by putting on the back
thereof the words "not paid for want of funds," giving the date
of endorsement and signed by the treasurer. A record of such
presentment, nonpayment and endorsement shall be made by the
treasurer. Every such order shall bear interest at the rate of
not to exceed six percent per annum from the date of such
presentment. The treasurer shall serve a written notice upon
the payee or the payee's assignee, personally, or by mail, when
the treasurer is prepared to pay such orders; such notice may be
directed to the payee or the payee's assignee at the address
given in writing by such payee or assignee to such treasurer, at
any time prior to the service of such notice. No order shall
draw any interest if such address is not given when the same is
unknown to the treasurer, and no order shall draw any interest
after the service of such notice.
(b) A district may enter, subject to section 471.69, into a
line of credit agreement with a financial institution. The
amount of credit available must not exceed 95 percent of average
expenditure per month of operating expenditures in the previous
fiscal year. Any amount advanced must be repaid no later than
45 days after the day of advancement.
Sec. 7. Minnesota Statutes 1994, 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) school district cooperation aid authorized in section
124.2727;
(12) assurance of mastery aid according to section 124.311;
(13) homestead and agricultural credit aid, disparity
credit and aid, and changes to credits for prior year
adjustments according to section 273.1398, subdivisions 2, 3, 4,
and 7;
(14) attached machinery aid authorized in section 273.138,
subdivision 3; and
(15) alternative delivery aid authorized in section
124.322;
(16) special education equalization aid authorized in
section 124.321;
(17) special education excess cost aid authorized in
section 124.323;
(18) learning readiness aid authorized in section 124.2615;
(19) cooperation-combination aid authorized in section
124.2725; and
(20) district cooperation revenue aid authorized in section
124.2727.
(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. 8. Minnesota Statutes 1994, 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 875 825 with a
minimum of 0.28, 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 875 825.
(d) (c) 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) (d) A kindergarten pupil who is not included in
paragraph (d) (c) is counted as .515 of a pupil unit for fiscal
year 1994 and .53 of a pupil unit for fiscal year 1995 and
thereafter.
(f) (e) 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) (f) A pupil who is in any of grades 7 to 12 is counted
as 1.3 pupil units.
(h) (g) A pupil who is in the post-secondary enrollment
options program is counted as 1.3 pupil units.
Sec. 9. Minnesota Statutes 1994, section 124.17,
subdivision 1d, is amended to read:
Subd. 1d. [AFDC PUPIL UNITS.] AFDC pupil units for fiscal
year 1993 and thereafter must be computed according to this
subdivision.
(a) The AFDC concentration percentage for a district equals
the product of 100 times the ratio of:
(1) the number of pupils enrolled in the district from
families receiving aid to families with dependent children
according to subdivision 1e; to
(2) the number of pupils in average daily membership
according to subdivision 1e enrolled in the district.
(b) The AFDC pupil weighting factor for a district equals
the lesser of one or the quotient obtained by dividing the
district's AFDC concentration percentage by 11.5.
(c) The AFDC pupil units for a district for fiscal year
1993 and thereafter equals the product of:
(1) the number of pupils enrolled in the district from
families receiving aid to families with dependent children
according to subdivision 1e; times
(2) the AFDC pupil weighting factor for the district; times
(3) .65 .67.
Sec. 10. Minnesota Statutes 1994, section 124.17, is
amended by adding a subdivision to read:
Subd. 1g. [FUND BALANCE PUPIL UNITS.] Fund balance pupil
units must be computed separately for kindergarten pupils,
elementary pupils in grades 1 to 6, and secondary pupils in
grades 7 to 12. Total fund balance pupil units means the sum of
kindergarten, elementary, and secondary fund balance pupil
units. Fund balance pupil units for each category means the
number of resident pupil units in average daily membership,
including shared time pupil units, according to section 124A.02,
subdivision 20, plus
(1) pupils attending the district for which general
education aid adjustments are made according to section
124A.036, subdivision 5; minus
(2) the sum of the resident pupils attending other
districts for which general education aid adjustments are made
according to section 124A.036, subdivision 5, plus pupils for
whom payment is made according to section 126.22, subdivision 8,
or 126.23.
Sec. 11. Minnesota Statutes 1994, section 124.17,
subdivision 2f, is amended to read:
Subd. 2f. [PSEO PUPILS.] The average daily membership for
a student pupil participating in the post-secondary enrollment
options program equals the lesser of
(1) (a) 1.00, or
(2) (b) the greater of
(i) (1) .12, or
(ii) (2) the ratio of (i) the sum of the number of
instructional hours the student pupil 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 during quarters, trimesters, or semesters during which the
pupil participates in PSEO, and hours enrolled in the secondary
school during the remainder of the school year, to (ii) the
actual number of instructional days in the school year times the
length of day in the school.
Sec. 12. Minnesota Statutes 1994, section 124.195, is
amended by adding a subdivision to read:
Subd. 3c. [CASH FLOW WAIVER.] For any district exceeding
its expenditure limitations under section 121.917, and if
requested by the district, the commissioner of education, in
consultation with the commissioner of finance, and a school
district may negotiate a cash flow payment schedule under
subdivision 3 corresponding to the district's cash flow needs so
as to minimize the district's short-term borrowing needs.
Sec. 13. Minnesota Statutes 1994, section 124.195,
subdivision 10, is amended to read:
Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 8, 9, and 11, each fiscal year, all education aids
and credits in this chapter and chapters 121, 123, 124A, 124B,
125, 126, 134, and section 273.1392, shall be paid at 90 percent
for districts operating a program under section 121.585 for
grades 1 to 12 for all students in the district and 85 percent
for other districts of the estimated entitlement during the
fiscal year of the entitlement, unless a higher rate has been
established according to section 121.904, subdivision 4d.
Districts operating a program under section 121.585 for grades 1
to 12 for all students in the district shall receive 85 percent
of the estimated entitlement plus an additional amount of
general education aid equal to five percent of the estimated
entitlement. For all districts, the final adjustment payment,
according to subdivision 6, shall be the amount of the actual
entitlement, after adjustment for actual data, minus the
payments made during the fiscal year of the entitlement shall be
paid as the final adjustment payment according to subdivision 6.
Sec. 14. Minnesota Statutes 1994, section 124.195, is
amended by adding a subdivision to read:
Subd. 14. [EDUCATION AIDS CASH FLOW ACCOUNT.] (a) An
education aids cash flow account is established in the state
treasury for the purpose of ensuring the timely payment of state
aids or credits to school districts as provided in this
section. In the event the account balance in any appropriation
from the general fund to the department of education for
education aids or credits is insufficient to make the next
scheduled payment or payments, the commissioner of education is
authorized to transfer funds from the education aids cash flow
account to the accounts that are insufficient.
(b) For purposes of this subdivision, an account may have
an insufficient balance only as a result of some districts being
overpaid based on revised estimates for the relevant annual aid
or credit entitlements. When the overpayment amounts are
recovered from the pertinent districts, the commissioner of
education shall transfer those amounts to the education aids
cash flow account. The commissioner shall determine when it is
not feasible to recover the overpayments in a timely manner from
the district's future aid payments and notify the district of
the amount that is to be refunded to the state. School
districts are encouraged to make such refunds promptly. The
commissioner may approve a schedule for making a refund when a
district demonstrates that its cash flow is inadequate to
promptly make the refund in full.
(c) There is annually appropriated from the general fund to
the education aids cash flow account the additional amount
necessary to ensure the timely payment of state aids or credits
to school districts as provided in this section. For any fiscal
year, the appropriation authorized in this subdivision shall not
exceed an amount equal to two-tenths of one percent of the total
general fund appropriations in that year for education aids and
credits. At the close of each fiscal year, the amount of actual
transfers plus anticipated transfers required in paragraph (b)
shall equal the authorized amounts transferred in paragraph (a)
so that the net effect on total general fund spending for
education aids and credits is zero.
Sec. 15. Minnesota Statutes 1994, section 124.2139, is
amended to read:
124.2139 [REDUCTION OF PAYMENTS TO SCHOOL DISTRICTS.]
The commissioner of revenue shall reduce the sum of the
additional transition credit, homestead and agricultural credit
aid, and disparity reduction aid payments under section 273.1398
made to school districts by the product of:
(1) the district's fiscal year 1984 payroll for coordinated
plan members of the public employees retirement association
other than technical college employees, times
(2) the difference between the employer contribution rate
in effect prior to July 1, 1984, and the total employer
contribution rate in effect after June 30, 1984.
Sec. 16. Minnesota Statutes 1994, section 124.431,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A
school district or a joint powers district that intends to apply
for a capital loan must submit a proposal to the commissioner
for review and comment according to section 121.15 on or before
July 1. The commissioner must prepare a review and comment on
the proposed facility, regardless of the amount of the capital
expenditure required to construct the facility. In addition to
the information provided under section 121.15, subdivision 7,
the commissioner shall consider the following criteria in
determining whether to make a positive review and comment.
(a) To grant a positive review and comment the commissioner
must determine that all of the following conditions are met:
(1) the facilities are needed for pupils for whom no
adequate facilities exist or will exist;
(2) the district will serve, on average, at least 80 pupils
per grade or is eligible for elementary or secondary sparsity
revenue;
(3) no form of cooperation with another district would
provide the necessary facilities;
(4) the facilities are comparable in size and quality to
facilities recently constructed in other districts that have
similar enrollments;
(5) the facilities are comparable in size and quality to
facilities recently constructed in other districts that are
financed without a capital loan;
(6) the district is projected to maintain or increase its
average daily membership over the next five years or is eligible
for elementary or secondary sparsity revenue;
(7) the current facility poses a threat to the life,
health, and safety of pupils, and cannot reasonably be brought
into compliance with fire, health, or life safety codes;
(8) the district has made a good faith effort, as evidenced
by its maintenance expenditures, to adequately maintain the
existing facility during the previous ten years and to comply
with fire, health, and life safety codes and state and federal
requirements for handicapped accessibility;
(9) the district has made a good faith effort to encourage
integration of social service programs within the new facility;
and
(10) evaluations by school boards of adjacent districts
have been received.
(b) The commissioner may grant a negative review and
comment if:
(1) the state demographer has examined the population of
the communities to be served by the facility and determined that
the communities have not grown during the previous five years;
(2) the state demographer determines that the economic and
population bases of the communities to be served by the facility
are not likely to grow or to remain at a level sufficient,
during the next ten years, to ensure use of the entire facility;
(3) the need for facilities could be met within the
district or adjacent districts at a comparable cost by leasing,
repairing, remodeling, or sharing existing facilities or by
using temporary facilities;
(4) the district plans do not include cooperation and
collaboration with health and human services agencies and other
political subdivisions; or
(5) if the application is for new construction, an existing
facility that would meet the district's needs could be purchased
at a comparable cost from any other source within the area.
Sec. 17. Minnesota Statutes 1994, section 124.912,
subdivision 1, is amended to read:
Subdivision 1. [STATUTORY OBLIGATIONS.] (a) A school
district may levy the amounts necessary to pay the district's
obligations under section 6.62; the amount authorized for
liabilities of dissolved districts pursuant to section 122.45;
the amounts necessary to pay the district's obligations under
section 268.06, subdivision 25; the amounts necessary to pay for
job placement services offered to employees who may become
eligible for benefits pursuant to section 268.08; the amounts
necessary to pay the district's obligations under section
127.05; the amounts authorized by section 122.531; the amounts
necessary to pay the district's obligations under section
122.533; and for severance pay required by sections 120.08,
subdivision 3, and 122.535, subdivision 6.
(b) An education district that negotiates a collective
bargaining agreement for teachers under section 122.937 may
certify to the department of education the amount necessary to
pay all of the member districts' obligations and the education
district's obligations under section 268.06, subdivision 25.
The department of education must allocate the levy amount
proportionately among the member districts based on adjusted net
tax capacity. The member districts must levy the amount
allocated.
(c) Each year, a member district of an education district
that levies under this subdivision must transfer the amount of
revenue certified under paragraph (b) to the education district
board according to this subdivision. By June 20 and November 30
of each year, an amount must be transferred equal to:
(1) 50 percent times
(2) the amount certified in paragraph (b) minus homestead
and agricultural credit aid allocated for that levy according to
section 273.1398, subdivision 6.
Sec. 18. Minnesota Statutes 1994, section 124.918,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFY LEVY LIMITS.] By September 1 8,
the commissioner shall notify the school districts of their levy
limits. The commissioner shall certify to the county auditors
the levy limits for all school districts headquartered in the
respective counties together with adjustments for errors in
levies not penalized pursuant to section 124.918, subdivision 3,
as well as adjustments to final pupil unit counts. A school
district may require the commissioner to review the
certification and to present evidence in support of modification
of the certification.
The county auditor shall reduce levies for any excess of
levies over levy limitations pursuant to section 275.16. Such
reduction in excess levies may, at the discretion of the school
district, be spread over two calendar years.
Sec. 19. Minnesota Statutes 1994, section 124.918,
subdivision 2, is amended to read:
Subd. 2. [NOTICE TO COMMISSIONER; FORMS.] By September
15 30 of each year each district shall notify the commissioner
of education of the proposed levies in compliance with the levy
limitations of this chapter and chapters 124A, 124B, 136C, and
136D. By January 15 of each year each district shall notify the
commissioner of education of the final levies certified. The
commissioner of education shall prescribe the form of these
notifications and may request any additional information
necessary to compute certified levy amounts.
Sec. 20. Minnesota Statutes 1994, section 124A.03,
subdivision 1c, is amended to read:
Subd. 1c. [REFERENDUM ALLOWANCE LIMIT.] 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 minus $300 for
fiscal year 1995 and later 1997 and later.
Sec. 21. Minnesota Statutes 1994, section 124A.03,
subdivision 1g, is amended to read:
Subd. 1g. [REFERENDUM EQUALIZATION LEVY.] (a) For fiscal
year 1996, a district's referendum equalization levy equals the
district's referendum equalization revenue times the lesser of
one or the ratio of the district's adjusted net tax capacity per
actual pupil unit to 100 percent of the equalizing factor as
defined in section 124A.02, subdivision 8.
(b) For fiscal year 1997 and thereafter, a district's
referendum equalization levy for a referendum levied against the
referendum market value of all taxable property as defined in
section 124A.02, subdivision 3b, equals the district's
referendum equalization revenue times the lesser of one or the
ratio of the district's referendum market value per actual pupil
unit to $476,000.
(c) For fiscal year 1997 and thereafter, a district's
referendum equalization levy for a referendum levied against the
net tax capacity of all taxable property equals the district's
referendum equalization revenue times the lesser of one or the
ratio of the district's adjusted net tax capacity per actual
pupil unit to 100 percent of the equalizing factor for that year.
Sec. 22. Minnesota Statutes 1994, section 124A.03,
subdivision 1h, is amended to read:
Subd. 1h. [REFERENDUM EQUALIZATION AID.] (a) A district's
referendum equalization aid equals the difference between its
referendum equalization revenue and levy.
(b) For fiscal year 1993, a district's referendum
equalization aid is equal to one-third of the amount calculated
in clause (a).
(c) For fiscal year 1994, a district's referendum
equalization aid is equal to two-thirds of the amount calculated
in clause (a).
(d) If a district's actual levy for referendum equalization
revenue is less than its maximum levy limit, aid shall be
proportionately reduced.
Sec. 23. Minnesota Statutes 1994, 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 one or two calendar year years
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 ten, for which the
referendum authorization shall apply. The notice required under
section 275.60 may be modified to read, in cases of renewing
existing levies:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
FOR A PROPERTY TAX INCREASE."
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." However, in cases of renewing existing levies, the
notice may include the following statement: "Passage of this
referendum may 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) Except for a referendum held under subdivision 2b, 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. 24. Minnesota Statutes 1994, section 124A.0311,
subdivision 4, is amended to read:
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 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. 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. 25. Minnesota Statutes 1994, section 124A.22,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal
year 1996, the general education revenue for each district
equals the sum of the district's basic revenue, compensatory
education revenue, training and experience revenue, secondary
sparsity revenue, elementary sparsity revenue, and supplemental
revenue.
(b) For fiscal year 1997 and thereafter, the general
education revenue for each district equals the sum of the
district's basic revenue, compensatory education revenue,
secondary sparsity revenue, elementary sparsity revenue,
transportation sparsity, total operating capital revenue,
transition revenue, and supplemental revenue.
Sec. 26. Minnesota Statutes 1994, section 124A.22,
subdivision 2, is amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the actual pupil
units for the school year. The formula allowance for fiscal
years 1993 and 1994 is $3,050. The formula allowance for fiscal
year 1995 and subsequent fiscal years is $3,150. The formula
allowance for fiscal year 1996 is $3,205. The formula allowance
for fiscal year 1997 is $3,505 and for fiscal year 1998 and
subsequent fiscal years the formula allowance is $3,430.
Sec. 27. Minnesota Statutes 1994, section 124A.22,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATORY EDUCATION REVENUE.] (a) For fiscal
year 1992, the compensatory education revenue for each district
equals the formula allowance times the AFDC pupil units counted
according to section 124.17, subdivision 1b.
(b) For fiscal year 1993 and thereafter, The maximum
compensatory education revenue for each district equals the
formula allowance less $300 times the AFDC pupil units computed
according to section 124.17, subdivision 1d.
(c) For fiscal year 1993 and thereafter, the previous
formula compensatory education revenue for each district equals
the formula allowance times the AFDC pupil units computed
according to section 124.17, subdivision 1b.
(d) For fiscal year 1993, the compensatory education
revenue for each district equals the district's previous formula
compensatory revenue plus one-fourth of the difference between
the district's maximum compensatory education revenue and the
district's previous formula compensatory education revenue.
(e) For fiscal year 1994, the compensatory education
revenue for each district equals the district's previous formula
compensatory education revenue plus one-half of the difference
between the district's maximum compensatory education revenue
and the district's previous formula compensatory education
revenue.
(f) For fiscal year 1995, the compensatory education
revenue for each district equals the district's previous formula
compensatory education revenue plus three-fourths of the
difference between the district's maximum compensatory education
revenue and the district's previous formula compensatory
education revenue.
(g) For fiscal year 1996 and thereafter, the compensatory
education revenue for each district equals the district's
maximum compensatory education revenue.
Sec. 28. Minnesota Statutes 1994, section 124A.22,
subdivision 4, is amended to read:
Subd. 4. [TRAINING AND EXPERIENCE REVENUE.] (a) The
previous formula training and experience revenue for each
district equals the greater of zero or the result of the
following computation:
(1) subtract 1.6 from the training and experience index;
(2) multiply the result in clause (1) by the product of
$700 times the actual pupil units for the school year.
(b) The maximum training and experience revenue for each
district equals the greater of zero or the result of the
following computation:
(1) subtract .8 from the training and experience index;
(2) multiply the result in clause (1) by the product of
$660 times the actual pupil units for the school year.
(c) For fiscal year 1994, the training and experience
revenue for each district equals the district's previous formula
training and experience revenue plus one-half of the difference
between the district's maximum training and experience revenue
and the district's previous formula training and experience
revenue.
(d) For fiscal year 1995, the training and experience
revenue for each district equals the district's previous formula
training and experience revenue plus three-fourths of the
difference between the district's maximum training and
experience revenue and the district's previous formula training
and experience revenue.
(e) For fiscal year 1996 and thereafter, the training and
experience revenue for each district equals the district's
maximum training and experience revenue.
Sec. 29. Minnesota Statutes 1994, section 124A.22,
subdivision 4a, is amended to read:
Subd. 4a. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE LEVY.]
A district's training and experience levy for fiscal year 1996
equals its training and experience revenue times the lesser of
one or the ratio of the district's adjusted net tax capacity per
actual pupil unit for the year before the year the levy is
certified to the equalizing factor for the school year to which
the levy is attributable.
Sec. 30. Minnesota Statutes 1994, section 124A.22,
subdivision 4b, is amended to read:
Subd. 4b. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE AID.]
A district's training and experience aid for fiscal year 1996
equals its training and experience revenue minus its training
and experience levy times the ratio of the actual amount levied
to the permitted levy.
Sec. 31. Minnesota Statutes 1994, 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 less $300,
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 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. 32. Minnesota Statutes 1994, section 124A.22,
subdivision 6a, is amended to read:
Subd. 6a. [ELEMENTARY SPARSITY REVENUE.] A district's
elementary sparsity revenue equals the sum of the following
amounts for each qualifying elementary school in the district:
(1) the formula allowance for the year less $300,
multiplied by
(2) the elementary average daily membership of the school,
multiplied by
(3) the quotient obtained by dividing 140 minus the
elementary average daily membership by 140 plus the average
daily membership.
Sec. 33. Minnesota Statutes 1994, section 124A.22,
subdivision 8a, is amended to read:
Subd. 8a. [SUPPLEMENTAL LEVY.] To obtain supplemental
revenue, a district may levy an amount not more than the product
of its supplemental revenue for the school year times the lesser
of one or the ratio of its general education levy to its general
education revenue, excluding training and experience transition
revenue and supplemental revenue, for the same year.
Sec. 34. Minnesota Statutes 1994, section 124A.22,
subdivision 9, is amended to read:
Subd. 9. [SUPPLEMENTAL REVENUE REDUCTION.] A district's
supplemental revenue allowance is reduced by the sum of:
(1) the sum of one-fourth of the difference of:
(i) the sum of the district's training and experience
revenue and compensatory revenue per actual pupil unit for that
fiscal year 1996, and
(ii) the sum of district's training and experience revenue
and compensatory revenue per actual pupil unit for fiscal year
1994; and
(2) the difference between the formula allowance for the
current fiscal year and $3,050 $100.
A district's supplemental revenue allowance may not be less
than zero.
Sec. 35. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 10. [TOTAL OPERATING CAPITAL REVENUE.] (a) For
fiscal year 1997 and thereafter, total operating capital revenue
for a district equals the amount determined under paragraph (b),
(c), (d), (e), or (f), plus $68 times the actual pupil units for
the school year. The revenue must be placed in a reserved
account in the general fund and may only be used according to
subdivision 11.
(b) For fiscal years 1996 and later, capital revenue for a
district equals $100 times the district's maintenance cost index
times its actual pupil units for the school year.
(c) For 1996 and later fiscal years, the previous formula
revenue for a district equals $128 times its actual pupil units
for fiscal year 1995.
(d) Notwithstanding paragraph (b), for fiscal year 1996,
the revenue for each district equals 25 percent of the amount
determined in paragraph (b) plus 75 percent of the previous
formula revenue.
(e) Notwithstanding paragraph (b), for fiscal year 1997,
the revenue for each district equals 50 percent of the amount
determined in paragraph (b) plus 50 percent of the previous
formula revenue.
(f) Notwithstanding paragraph (b), for fiscal year 1998,
the revenue for each district equals 75 percent of the amount
determined in paragraph (b) plus 25 percent of the previous
formula revenue.
(g) The revenue in paragraph (b) for a district that
operates a program under section 121.585, is increased by an
amount equal to $15 times the number of actual pupil units at
the site where the program is implemented.
Sec. 36. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 11. [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total
operating capital revenue may be used only for the following
purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
up to $400,000;
(3) to rent or lease buildings, including the costs of
building repair or improvement that are part of a lease
agreement;
(4) to improve and repair school sites and buildings, and
equip or reequip school buildings with permanent attached
fixtures;
(5) for a surplus school building that is used
substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school
buildings by individuals with a disability;
(7) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(10) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(11) for energy audits for school buildings and to modify
buildings if the audit indicates the cost of the modification
can be recovered within ten years;
(12) to improve buildings that are leased according to
section 123.36, subdivision 10;
(13) to pay special assessments levied against school
property but not to pay assessments for service charges;
(14) to pay principal and interest on state loans for
energy conservation according to section 216C.37 or loans made
under the northeast Minnesota economic protection trust fund act
according to sections 298.292 to 298.298; and
(15) to purchase or lease interactive telecommunications
equipment;
(16) by school board resolution, to 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;
(17) to pay capital expenditure equipment-related
assessments of any entity formed under a cooperative agreement
between two or more districts;
(18) to purchase or lease computers and related materials,
copying machines, telecommunications equipment, and other
noninstructional equipment;
(19) to purchase or lease assistive technology or equipment
for instructional programs;
(20) to purchase textbooks;
(21) to purchase new and replacement library books;
(22) to purchase vehicles;
(23) to purchase or lease telecommunications equipment,
computers, and related equipment for integrated information
management systems for:
(i) managing and reporting learner outcome information for
all students under a results-oriented graduation rule;
(ii) managing student assessment, services, and achievement
information required for students with individual education
plans; and
(iii) other classroom information management needs; and
(24) to pay personnel costs directly related to the
acquisition, operation, and maintenance of telecommunications
systems, computers, related equipment, and network and
applications software.
Sec. 37. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 12. [MAINTENANCE COST INDEX.] (a) A district's
maintenance cost index is equal to the ratio of:
(1) the total weighted square footage for all eligible
district-owned facilities; and
(2) the total unweighted square footage of these facilities.
(b) The department shall determine a district's maintenance
cost index annually. Eligible district-owned facilities shall
include only instructional or administrative square footage
owned by the district. The commissioner of education may adjust
the age of a building or addition for major renovation projects.
(c) The square footage weighting factor for each original
building or addition equals the lesser of:
(1) one plus the ratio of the age in years to 100; or
(2) 1.5.
(d) The weighted square footage for each original building
or addition equals the product of the unweighted square footage
times the square footage weighting factor.
Sec. 38. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 13. [TRANSPORTATION SPARSITY DEFINITIONS.] The
definitions in this subdivision apply to subdivisions 13a and
13b.
(a) "Sparsity index" for a school district means the
greater of .2 or the ratio of the square mile area of the school
district to the actual pupil units of the school district.
(b) "Density index" for a school district means the ratio
of the square mile area of the school district to the actual
pupil units of the school district. However, the density index
for a school district cannot be greater than .2 or less than
.005.
(c) "Fiscal year 1996 base allowance" for a school district
means the result of the following computation:
(1) sum the following amounts:
(i) the fiscal year 1996 regular transportation revenue for
the school district according to section 124.225, subdivision
7d, paragraph (a), excluding the revenue attributable nonpublic
school pupils and to pupils with disabilities receiving special
transportation services; plus
(ii) the fiscal year 1996 nonregular transportation revenue
for the school district according to section 124.225,
subdivision 7d, paragraph (b), excluding the revenue for
desegregation transportation according to section 124.225,
subdivision 1, paragraph (c), clause (4), and the revenue
attributable to nonpublic school pupils and to pupils with
disabilities receiving special transportation services or board
and lodging; plus
(iii) the fiscal year 1996 excess transportation levy for
the school district according to section 124.226, subdivision 5,
excluding the levy attributable to nonpublic school pupils; plus
(iv) the fiscal year 1996 late activity bus levy for the
school district according to section 124.226, subdivision 9,
excluding the levy attributable to nonpublic school pupils; plus
(v) an amount equal to one-third of the fiscal year 1996
bus depreciation for the school district according to section
124.225, subdivision 1, paragraph (b), clauses (2), (3), and (4).
(2) divide the result in paragraph (c), clause (1), by the
school districts 1995-1996 actual pupil units.
Sec. 39. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 13a. [TRANSPORTATION SPARSITY REVENUE
ALLOWANCE.] (a) A district's transportation sparsity allowance
equals the greater of zero or the result of the following
computation:
(i) Multiply the formula allowance according to section
124A.22, subdivision 2, by .1469.
(ii) Multiply the result in clause (i) by the district's
sparsity index raised to the 26/100 power.
(iii) Multiply the result in clause (ii) by the district's
density index raised to the 13/100 power.
(iv) Multiply the formula allowance according to section
124A.22, subdivision 2, by .0485.
(v) Subtract the result in clause (iv) from the result in
clause (iii).
(b) Transportation sparsity revenue is equal to the
transportation sparsity allowance times the actual pupil units.
Sec. 40. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 13b. [TRANSITION ALLOWANCE.] (a) A district's
transportation transition allowance for fiscal year 1997 equals
the result of the following computation:
(1) if the result in subdivision 13a, paragraph (a), clause
(iii), for fiscal year 1997 is less than the fiscal year 1996
base allowance, the transportation transition allowance equals
the fiscal year 1996 base allowance minus the result in section
124A.22, subdivision 13a, paragraph (a), clause (iii).
(2) if the result in subdivision 13a, paragraph (b), for
fiscal year 1997 is greater than the fiscal year 1996 base
allowance and less than 110 percent of the fiscal year 1996 base
allowance, the transportation transition allowance equals zero.
(3) if the result in subdivision 13a, paragraph (b), for
fiscal year 1997 is greater than 110 percent of the fiscal year
1996 base allowance, the transportation transition allowance
equals 110 percent of the fiscal year 1996 base allowance minus
the result in subdivision 13a, paragraph (a), clause (iii).
(b) For fiscal years 1997 and 1998, a district's training
and experience transition allowance is equal to the training and
experience revenue the district would have received under
Minnesota Statutes 1994, section 124A.22, subdivision 4, divided
by the actual pupil units for fiscal year 1997 minus $130. For
fiscal year 1999 and later, a district's training and experience
transition allowance equals zero.
If the training and experience transition allowance is less
than zero, the reduction shall be determined according to the
following schedule:
(i) for fiscal year 1997, the reduction is equal to .9
times the amount initially determined;
(ii) for fiscal year 1998, the reduction is equal to .75
times the amount initially determined;
(iii) for fiscal year 1999, the reduction is equal to .50
times the amount initially determined;
(iv) for fiscal year 2000, the reduction is equal to .25
times the amount initially determined; and
(v) for fiscal year 2001 and thereafter, the transition
allowance shall not be less than zero.
(c) A district's transition allowance for fiscal year 1997
and thereafter is equal to the sum of its transportation
transition allowance and its training and experience transition
allowance.
Sec. 41. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 13c. [TRANSITION REVENUE ADJUSTMENT.] A district's
transition revenue adjustment equals the district's transition
allowance times the actual pupil units for the school year.
Sec. 42. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 13d. [TRANSITION LEVY ADJUSTMENT.] A district's
general education levy shall be adjusted by an amount equal to
the district's transition revenue times the lesser of 1 or the
ratio of the district's general education levy to its general
education revenue, excluding transition revenue and supplemental
revenue.
Sec. 43. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 13e. [TRANSITION AID ADJUSTMENT.] A district's
transition aid adjustment is the difference between the
transition revenue and the transition levy.
Sec. 44. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 13f. [TRAINING AND EXPERIENCE REVENUE.] Training and
experience revenue for each district equals the greater of zero
or the result of the following computation:
(1) subtract .8 from the training and experience index;
(2) multiply the result in clause (1) by the product of
$660 times the actual pupil units for that school year.
Sec. 45. Minnesota Statutes 1994, section 124A.225,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] Of a district's general
education revenue an amount equal to the sum of the number of
elementary fund balance pupils in average daily membership
defined in section 124.17, subdivision 1, clause (f) 1h, and
one-half of the number of kindergarten fund balance pupils in
average daily membership as defined in section 124.17,
subdivision 1, clause (e) 1h, times .03 .06 for fiscal year
1994 1995 and .06 for fiscal year 1995 and thereafter times the
formula allowance must be reserved according to this section.
Sec. 46. Minnesota Statutes 1994, 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 $1,044,000,000 for fiscal year
1995 and $1,054,000,000 for fiscal year 1996 and $1,359,000,000
for fiscal year 1997 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. 47. Minnesota Statutes 1994, section 124A.23,
subdivision 4, is amended to read:
Subd. 4. [GENERAL EDUCATION AID.] A district's general
education aid is the sum of the following amounts:
(1) the product of (i) the difference between the general
education revenue, excluding training and experience transition
revenue and supplemental revenue, and the general education
levy, times (ii) the ratio of the actual amount levied to the
permitted levy;
(2) training and experience transition aid according to
section 124A.22, subdivision 4b 13e;
(3) supplemental aid according to section 124.214,
subdivision 2;
(4) (3) shared time aid according to section 124A.02,
subdivision 21; and
(5) (4) referendum aid according to section 124A.03.
Sec. 48. Minnesota Statutes 1994, section 124A.24, is
amended to read:
124A.24 [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined
according to section 124A.23, subdivision 3, an amount must be
deducted from state aid authorized in this chapter and chapters
124 and 124B, receivable for the same school year, and from
other state payments receivable for the same school year
authorized in chapter 273. The aid in section 124.646 must not
be reduced.
The amount of the deduction equals the difference between:
(1) the general education tax rate, according to section
124A.23, times the district's adjusted net tax capacity used to
determine the general education aid for the same school year;
and
(2) the district's general education revenue, excluding
training and experience transition revenue and supplemental
revenue, for the same school year, according to section 124A.22.
Sec. 49. Minnesota Statutes 1994, 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 A district is encouraged to reserve general
education revenue for in-service education for programs under
section 126.77, subdivision 2, or for staff development plans,
including plans for challenging instructional activities and
experiences under section 126.70, and for curriculum development
and programs, other in-service education, teachers' workshops,
teacher conferences, the cost of substitute teachers staff
development purposes, and other related costs for staff
development efforts. 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, or for the costs of
curriculum development and programs, other in-service education,
teachers' workshops, teacher conferences, substitute teachers
for staff development purposes, and other staff development
efforts, 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. 50. Minnesota Statutes 1994, section 124C.60,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] Two or more districts that
have consolidated under section 122.23 or combined under
sections 122.241 to 122.248, are eligible for a capital
facilities grant of up to $100,000 $200,000 for fiscal year 1995
and $100,000 thereafter under this section. 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.
Sec. 51. Minnesota Statutes 1994, section 126.22,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] The following pupils are
eligible to participate in the high school graduation incentives
program:
(a) any pupil who is between the ages of 12 and 21, or who
is an elementary pupil, and in either case, who:
(1) is at least two grade levels below the performance
level for pupils of the same age in a locally determined
achievement test; or
(2) is at least one year behind in satisfactorily
completing coursework or obtaining credits for graduation; or
(3) is pregnant or is a parent; or
(4) has been assessed as chemically dependent; or
(5) has been excluded or expelled according to sections
127.26 to 127.39; or
(6) has been referred by a school district for enrollment
in an eligible program or a program pursuant to section 126.23;
or
(7) is a victim of physical or sexual abuse; or
(8) has experienced mental health problems; or
(9) has experienced homelessness sometime within six months
before requesting a transfer to an eligible program; or
(10) speaks English as a second language or has limited
English proficiency; or
(b) any person who is at least 21 years of age and who:
(1) has received fewer than 14 years of public or nonpublic
education, beginning at age 5;
(2) has not completed the requirements for a high school
diploma; and
(3) at the time of application, (i) is eligible for
reemployment insurance benefits or has exhausted the benefits,
(ii) is eligible for, or is receiving income maintenance and
support services, as defined in section 268.0111, subdivision 5,
or (iii) is eligible for services under the displaced homemaker
program, state wage-subsidy program, or any programs under the
federal Jobs Training Partnership Act or its successor.
Sec. 52. Minnesota Statutes 1994, section 275.065,
subdivision 1, is amended to read:
Subdivision 1. [PROPOSED LEVY.] (a) Notwithstanding any
law or charter to the contrary, on or before September 15, each
taxing authority, other than a school district, shall adopt a
proposed budget and each taxing authority shall certify to the
county auditor the proposed or, in the case of a town, the final
property tax levy for taxes payable in the following year.
(b) On or before September 30, each school district shall
certify to the county auditor the proposed property tax levy for
taxes payable in the following year. The school district may
certify the proposed levy as:
(1) a specific dollar amount; or
(2) an amount equal to the maximum levy limitation
certified by the commissioner of education to the county auditor
according to section 124.918, subdivision 1.
(c) If the board of estimate and taxation or any similar
board that establishes maximum tax levies for taxing
jurisdictions within a first class city certifies the maximum
property tax levies for funds under its jurisdiction by charter
to the county auditor by September 15, the city shall be deemed
to have certified its levies for those taxing jurisdictions.
(d) For purposes of this section, "taxing authority"
includes all home rule and statutory cities, towns, counties,
school districts, and special taxing districts as defined in
section 275.066. Intermediate school districts that levy a tax
under chapter 124 or 136D, joint powers boards established under
sections 124.491 to 124.495, and common school districts No.
323, Franconia, and No. 815, Prinsburg, are also special taxing
districts for purposes of this section.
Sec. 53. Minnesota Statutes 1994, section 275.60, is
amended to read:
275.60 [LEVY OR BOND REFERENDUM; BALLOT NOTICE.]
Notwithstanding any general or special law or any charter
provisions, but subject to section 124A.03, subdivision 2, any
question submitted to the voters by any local governmental
subdivision at a general or special election after the day of
final enactment, authorizing a property tax levy or tax rate
increase, including the issuance of debt obligations payable in
whole or in part from property taxes, must include on the ballot
the following notice in boldface type.
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
FOR A PROPERTY TAX INCREASE."
For purposes of this section and section 275.61, "local
governmental subdivision" includes counties, home rule and
statutory cities, towns, school districts, and all special
taxing districts. This statement is in addition to any general
or special laws or any charter provisions that govern the
contents of a ballot question.
This section does not apply to a school district bond
election if the debt service payments are to be made entirely
from transfers of revenue from the capital fund to the debt
service fund.
Sec. 54. Minnesota Statutes 1994, section 469.1831,
subdivision 4, is amended to read:
Subd. 4. [PROGRAM MONEY; DISTRIBUTION AND RESTRICTIONS.]
(a) Neighborhood revitalization program money may only be
expended in accordance with the program for a purpose listed in
subdivision 3 or this subdivision. Program money may not be
used in those project areas of the city where the city
determines that private investment will be sufficient to provide
for development and redevelopment of the project area without
public sector assistance, except in cases where program money is
being used to remove or rehabilitate structurally substandard or
obsolete buildings. Revenues derived from tax increments may
only be expended for the purposes otherwise permitted by law,
except that notwithstanding any law to the contrary, the city
must pay at least the following amount of program money,
including revenues derived from tax increments: (1) 15 percent
to the school district, (2) 7.5 percent to the county, and (3)
7.5 percent for social services. Payment must be made to the
county and school district within 15 days after the city
receives the distribution of increment revenues, provided that
the payment for calendar year 1990 may be made at any time
during the year. Payment to the county for social services
delivery shall be paid only after approval of program and
spending plans under paragraph (b). Payment to the school
district for education programs and services shall be paid only
after approval of program and spending plans under paragraph (b).
(b) The money distributed to the county in a calendar year
must be deducted from the county's levy limit for the following
calendar year. In calculating the county's levy limit base for
later years, the amount deducted must be treated as a local
government aid payment.
The city must notify the commissioner of education of the
amount of the payment made to the school district for the year.
The commissioner shall deduct from the school district's state
education aid payments one-half of the amount received by the
school district.
The program money paid to the school district by the city
less any amount of state aid deducted by the commissioner must
be expended for additional education programs and services in
accordance with the program. The amounts expended by the school
district may not replace existing services.
The money for social services must be paid to the county
for the cost of the provision of social services under the plan,
as approved by the policy board and the county board.
(c) The city must expend on housing programs and related
purposes as provided by the program at least 75 percent of the
program money, after deducting the payments to the school
district and county.
(d) Notwithstanding any other provisions of law to the
contrary, for a city of the first class qualifying under section
469.1781, paragraph (a), program money and money described in
Laws 1990, chapter 604, article 7, section 29, as amended, may
be expended anywhere within the city by the authority for a
purpose permitted by this section for any political subdivision
without compliance with section 469.175, subdivision 4, and such
money shall be deemed to be expended for a purpose that is a
permitted project under section 469.176 and for a purpose that
is permitted under section 469.176 for the district from which
the increment was received.
Sec. 55. Laws 1994, chapter 647, article 1, section 36, is
amended to read:
Sec. 36. [PEQUOT LAKES; DELAY IN FORGIVENESS OF AID
REPAYMENT.]
The department of education must allow independent school
district No. 186, Pequot Lakes, to repay over a five-year period
forgive state aid overpayments of $196,000 for fiscal years 1991
and 1992 due to the property tax revenue recognition
shift attributable to independent school district No. 186,
Pequot Lakes. 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. 56. [SUPPLEMENTAL REVENUE REDUCTION.]
For fiscal years 1996 and 1997, if a district's ratio of
1992 adjusted net tax capacity divided by 1994-1995 actual pupil
units to $9,025 is less than or equal to .25, then the
difference under Minnesota Statutes, section 124A.22,
subdivision 9, clause (2), is equal to $25 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. 57. [PERMANENT SCHOOL FUND EARNINGS.]
During either fiscal year 1996 or 1997, notwithstanding
section 124.09, the state board of investment may invest in
equities an amount of principal in excess of the principal
necessary to generate $32,500,000 with the goal of improving the
long-term income from the permanent school fund.
Sec. 58. [LEVY ADJUSTMENT; LE SUEUR-HENDERSON.]
Independent school district No. 2397, Le Sueur-Henderson,
must not receive a negative levy adjustment for any referendum
levy made by independent school district No. 734, Henderson,
that was certified for taxes payable in 1992.
Sec. 59. [NO AID REDUCTION.]
The commissioner of education shall not reduce aid to a
district under Minnesota Statutes, section 124.14, subdivision
3, for the 1992-1993 school year because the district did not
provide the number of instructional days provided for in
Minnesota Statutes 1992, section 120.101, as long as the
district provided at least the minimum instructional hours
required by the rules of the state board of education during the
1992-1993 school year.
Sec. 60. [EQUALIZING FACTOR.]
For fiscal year 1996 only, levies calculated under chapters
124 and 124A shall not be recomputed because of an increase in
the formula allowance under Minnesota Statutes, section 124A.22,
subdivision 2.
Sec. 61. [FORMULA ALLOWANCE.]
Notwithstanding the amount of the formula allowance for
fiscal year 1997, in Minnesota Statutes, section 124A.22,
subdivision 2, the commissioner shall use the amount of the
formula allowance minus $300 for fiscal year 1997 in determining
the payments under Minnesota Statutes, sections 123.3514,
subdivisions 6 and 8; 124A.02, subdivision 21; 126.22; and
126.23.
Sec. 62. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
general and supplemental education aid:
$1,992,244,000 ..... 1996
$2,370,053,000 ..... 1997
The 1996 appropriation includes $301,965,000 for 1995 and
$1,690,280,000 for 1996.
The 1997 appropriation includes $325,496,000 for 1996 and
$2,044,557,000 for 1997.
Sec. 63. [REPEALER.]
Subdivision 1. [JULY 1, 1995.] Minnesota Statutes 1994,
sections 124.17, subdivision 1b; 124.962; 124A.04, subdivision
1; and 124A.27, subdivision 11, are repealed July 1, 1995.
Subd. 2. [REVENUE FOR FISCAL YEAR 1997.] Minnesota
Statutes 1994, sections 121.912, subdivision 8; 124.243;
124.244; 124A.26; and 126.019, are repealed effective for
revenue for fiscal year 1997.
Sec. 64. [EFFECTIVE DATE.]
Sections 14 and 50 are effective the day following final
enactment. Sections 9, 20, 27, 31, 32, 33, 47, and 48 are
effective for revenue for fiscal year 1997. Section 44 is
effective for revenue for fiscal year 1999 and thereafter.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1994, section 121.912,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] Except as provided in this
subdivision, sections 121.9121, 123.36, 124.243, 475.61, and
475.65, a school district may not permanently transfer money
from (1) an operating fund to a nonoperating fund; (2) a
nonoperating fund to another nonoperating fund; or (3) a
nonoperating fund to an operating fund. Permanent transfers may
be made from any fund to any other fund to correct for prior
fiscal years' errors discovered after the books have been closed
for that year. Permanent transfers may be made from the general
fund to any other operating funds according to section 123.7045
or if the resources of the other fund are not adequate to
finance approved expenditures from that other fund. Permanent
transfers may also be made from the general fund to eliminate
deficits in another fund when that other fund is being
discontinued. When a district discontinues operation of a
district-owned bus fleet or a substantial portion of a fleet,
permanent transfers must be made, on June 30 of the fiscal year
that the operation is discontinued, from the fund balance
account entitled "pupil transportation fund reserved for bus
purchases" to the capital expenditure fund. The sum of the
levies authorized pursuant to sections 124.243, 124.244, and
124.83 shall be reduced by an amount equal to the amount
transferred. Any school district may transfer any amount from
the undesignated fund balance account in its transportation fund
to any other operating fund or to the reserved fund balance
account for bus purchases in its transportation fund the balance
shall cancel to the district's general fund.
Sec. 2. Minnesota Statutes 1994, section 123.3514,
subdivision 8, is amended to read:
Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil
enrolled in a course for secondary credit may apply to the
pupil's district of residence for reimbursement for transporting
the pupil between the secondary school in which the pupil is
enrolled or the pupil's home and the post-secondary institution
that the pupil attends. The commissioner shall establish
guidelines for providing state aid to districts to reimburse the
parent or guardian for the necessary transportation costs, which
shall be based on financial need. The reimbursement may not
exceed the pupil's actual cost of transportation or 15 cents per
mile traveled, whichever is less. Reimbursement may not be paid
for more than 250 miles per week. However, if the nearest
post-secondary institution is more than 25 miles from the
pupil's resident secondary school, the weekly reimbursement may
not exceed the reimbursement rate per mile times the actual
distance between the secondary school or the pupil's home and
the nearest post-secondary institution times ten. The state
shall pay aid to the district according to the guidelines
established under this subdivision. Chapter 14 does not apply
to the guidelines.
Sec. 3. Minnesota Statutes 1994, 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. 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 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. 4. Minnesota Statutes 1994, section 123.78,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL PROVISIONS.] A district eligible
to receive state aid for transportation under chapter 124 shall
provide equal transportation within the district for all school
children to any school when transportation is deemed necessary
by the school board because of distance or traffic condition in
like manner and form as provided in sections 123.39 and 124.223,
when applicable.
Sec. 5. Minnesota Statutes 1994, section 123.79,
subdivision 1, is amended to read:
Subdivision 1. Such state aids as may become are made
available or appropriated shall be governed by section 124.225,
be paid to the school district entitled thereto for the equal
benefit of all school children, and be disbursed in such manner
as determined by the board.
Sec. 6. Minnesota Statutes 1994, section 123.7991,
subdivision 2, is amended to read:
Subd. 2. [STUDENT TRAINING.] (a) Each school district
shall provide public school pupils enrolled in grades
kindergarten through 12 10 with age-appropriate 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 and not a
right;
(2) district policies for student conduct and school bus
safety;
(3) appropriate conduct while on the school 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 street or road
crossing; and
(7) school bus evacuation and other emergency procedures.
(b) Each nonpublic school located within the district shall
provide all nonpublic school pupils enrolled in grades
kindergarten through 10 who are transported by school bus at
public expense and attend school within the district's
boundaries with training as required in paragraph (a). The
school district shall make a bus available for the practical
training if the district transports the nonpublic students.
Each nonpublic school shall provide the instruction.
(c) Student school bus safety training shall commence
during school bus safety week. All students enrolled in grades
kindergarten through 3 who are transported by school bus and are
enrolled during the first or second week of school must
demonstrate achievement of the school bus safety training
competencies by the end of the third week of school. All
students enrolled in grades 4 through 10 who are transported by
school bus and are enrolled during the first or second week of
school must demonstrate achievement of the competencies by the
end of the sixth week of school. Students enrolled in grades
kindergarten through 10 who enroll in a school after the first
second 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 four 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 school bus within the district 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. The principal or other chief administrator of
each nonpublic school must certify annually to the public
transportation safety director of the district in which the
school is located that all of the school's students transported
by school bus at public expense have received training. 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, or to a student
who attends a nonpublic school that fails to provide training as
required by this subdivision.
(c) (d) A school district and a nonpublic school with
students transported by school bus at public expense must, to
the extent possible, provide kindergarten pupils with bus safety
training before the first day of school.
(d) (e) A school district and a nonpublic school with
students transported by school bus at public expense must also
provide student safety education for bicycling and pedestrian
safety.
(f) A school district and a nonpublic school with students
transported by school bus at public expense must make reasonable
accommodations for the school bus, bicycle, and pedestrian
safety training of pupils known to speak English as a second
language and pupils with disabilities.
Sec. 7. Minnesota Statutes 1994, section 123.7991,
subdivision 3, is amended to read:
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. The
program must be adaptable for use by students with disabilities.
Sec. 8. Minnesota Statutes 1994, section 123.805,
subdivision 1, is amended to read:
Subdivision 1. [COMPREHENSIVE POLICY.] Each school
district shall develop and implement a comprehensive, written
policy governing pupil transportation safety, including
transportation of nonpublic school students, when applicable.
The policy shall, at minimum, contain:
(1) provisions for appropriate student bus safety training
under section 123.7991;
(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 169.452;
(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 123.799 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, qualifications to drive
a type III vehicle, qualifications for a type III vehicle 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;
(15) requirements of the school district, if any, that
exceed state law minimum requirements for school bus operations;
and
(16) requirements for basic first aid training, which shall
include the Heimlich maneuver and procedures for dealing with
obstructed airways, shock, bleeding, and seizures.
School districts are encouraged to use the model policy
developed by the Minnesota school boards association, the
department of public safety, and the department of education, as
well as 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. Each district shall review its policy annually and make
appropriate amendments, which must be submitted to the school
bus safety advisory committee within one month of approval by
the school board.
Sec. 9. Minnesota Statutes 1994, section 123.805,
subdivision 2, is amended to read:
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 within the district, including
transportation of nonpublic school children when provided by the
district.
Sec. 10. Minnesota Statutes 1994, section 124.223, is
amended to read:
124.223 [TRANSPORTATION AID AUTHORIZATION.]
Subdivision 1. [TO AND FROM SCHOOL; BETWEEN SCHOOLS.]
(a) State transportation aid is authorized for School districts
may provide 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, or to and from service
learning programs; 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 School
districts may provide 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.
Subd. 2. [OUTSIDE DISTRICT.] State transportation aid is
authorized for School districts may provide transportation to
and from or board and lodging in another district, of resident
pupils of a district without a secondary school. The pupils may
attend a classified secondary school in another district
and shall may receive board and lodging in or transportation to
and from a district having a classified secondary school at the
expense of the district of the pupil's residence.
Subd. 3. [SECONDARY VOCATIONAL CENTERS.] State
transportation aid is authorized for School districts may
provide transportation to and from a commissioner approved
secondary vocational center for secondary vocational classes for
resident pupils of any of the districts who are members of or
participating in programs at that center.
Subd. 4. [PUPILS WITH DISABILITIES.] State transportation
aid is authorized for School districts may provide
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
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
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.
Subd. 5. [BOARD AND LODGING; NONRESIDENTS WITH
DISABILITIES.] State transportation aid is authorized for School
districts may provide, when necessary, board and lodging for
nonresident pupils with a disability in a district maintaining
special classes.
Subd. 6. [SHARED TIME.] State transportation aid is
authorized for School districts may provide 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 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.
Subd. 7. [FARIBAULT STATE ACADEMIES.] State transportation
aid is authorized for School districts may provide
transportation for residents resident pupils with disabilities
to and from the Minnesota state academy for the deaf or the
Minnesota state academy for the blind board and lodging
facilities when the pupil is boarded and lodged for educational
purposes.
Subd. 8. [SUMMER INSTRUCTIONAL PROGRAMS.] State
transportation aid is authorized for School districts may
provide services described in subdivisions 1 to 7, 9, and 10
when provided for pupils with a disability in conjunction with a
summer program that meets the requirements of section 124A.27,
subdivision 9. State transportation aid is authorized
for School districts may provide services described in
subdivision 1 when provided during the summer in conjunction
with a learning year program established under section 121.585.
Subd. 9. [COOPERATIVE ACADEMIC AND VOCATIONAL.] State
transportation aid is authorized for School districts may
provide transportation to, from or between educational
facilities located in any of two or more school districts
jointly offering academic classes or secondary vocational
classes not provided at a secondary vocational center for
resident pupils of any of these districts.
Subd. 10. [NONPUBLIC SUPPORT SERVICES.] State
transportation aid is authorized for School districts may
provide necessary transportation within district boundaries
between a nonpublic school and a public school or a neutral site
for nonpublic school pupils who are provided pupil support
services pursuant to section 123.935.
Subd. 11. [RULES.] The state board of education may amend
rules relating to transportation aid and data.
Sec. 11. Minnesota Statutes 1994, 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 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, clause (5), which must be used a majority
of the time for the purposes in sections 124.223 and 124.226,
subdivisions 5, 8, and 9, and 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; transportation to and from
service learning programs; 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 within
and outside of the district 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 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 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. 12. Minnesota Statutes 1994, section 124.225,
subdivision 3a, is amended to read:
Subd. 3a. [PREDICTED BASE COST.] A district's predicted
base cost equals the result of the following computation:
(a) Multiply the transportation formula allowance by the
district's sparsity index raised to the one-fourth power. The
transportation formula allowance is $447 $477 for the
1991-1992 1993-1994 base year and $463 for the 1992-1993 base
year.
(b) Multiply the result in paragraph (a) by the district's
density index raised to the 35/100 1/2 power.
(c) Multiply the result in paragraph (b) by the district's
contract transportation index raised to the 1/20 power.
Sec. 13. Minnesota Statutes 1994, section 124.225,
subdivision 7b, is amended to read:
Subd. 7b. [INFLATION FACTORS.] (a) The adjusted predicted
base cost determined for a district under subdivision 7a for the
base year must be increased by 2.35 zero percent to determine
the district's regular transportation allowance for the
1993-1994 1995-1996 school year and by 3.425 percent to
determine the district's regular transportation allowance for
the 1994-1995 school year, but.
(b) Notwithstanding paragraph (a), the regular
transportation allowance for a district for the 1995-1996 school
year cannot be less than the district's minimum regular
transportation allowance according to Minnesota Statutes 1990,
section 124.225, subdivision 1, paragraph (t).
Sec. 14. Minnesota Statutes 1994, section 124.225,
subdivision 7d, is amended to read:
Subd. 7d. [TRANSPORTATION REVENUE.] Transportation revenue
for each district equals the sum of the district's regular
transportation revenue and the district's nonregular
transportation revenue.
(a) The regular transportation revenue for each district
equals the district's regular transportation allowance according
to subdivision 7b times the sum of the number of FTE's by the
district in the regular, desegregation, and handicapped
categories in the current school year.
(b) For the 1992-1993 and later school years 1995-1996
school year, the nonregular transportation revenue for each
district equals the lesser of the district's actual cost in the
current school year for nonregular transportation services or
the product of the district's actual cost in the base year for
nonregular transportation services as defined for the current
year in subdivision 1, paragraph (c), times the ratio of the
district's average daily membership for the current year to the
district's average daily membership for the base year according
to section 124.17, subdivision 2, times the nonregular
transportation inflation factor for the current year, minus the
amount of regular transportation revenue attributable to FTE's
in the desegregation and handicapped categories in the current
school year, plus the excess nonregular transportation revenue
for the current year according to subdivision 7e. The
nonregular transportation inflation factor is 1.0435 1.0 for the
1993-1994 1995-1996 school year and 1.03425 for the 1994-1995
school year.
Sec. 15. Minnesota Statutes 1994, section 124.225,
subdivision 7f, is amended to read:
Subd. 7f. [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A
district shall reserve an amount equal to the greater of
$1,000 $500 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) $1.50 times the number of fund
balance pupil units, for that school year to provide student
transportation safety programs under section 123.799. This
revenue may only be used if the district complies with the
reporting requirements of section 123.7991, 123.805, 169.452,
169.4582, or 171.321, subdivision 5.
Sec. 16. Minnesota Statutes 1994, section 124.225,
subdivision 8a, is amended to read:
Subd. 8a. [TRANSPORTATION AID.] (a) A district's
transportation aid equals the product of:
(1) the difference between the transportation revenue and
the sum of:
(i) the maximum basic transportation levy for that school
year under section 275.125 124.226, subdivision 5 1, plus
(ii) the maximum nonregular transportation levy for that
school year under section 124.226, subdivision 4, plus
(iii) the contracted services aid reduction under
subdivision 8k,
(2) times the ratio of the sum of the actual amounts levied
under section 124.226, subdivisions 1 and 4, to the sum of the
permitted maximum levies under section 124.226, subdivisions 1
and 4.
(b) If the total appropriation for transportation aid for
any fiscal year is insufficient to pay all districts the full
amount of aid earned, the department of education shall reduce
each district's aid in proportion to the number of resident
pupils in average daily membership in the district to the state
total average daily membership, and shall reduce the
transportation levy of off-formula districts in the same
proportion.
Sec. 17. Minnesota Statutes 1994, section 124.225,
subdivision 8l, is amended to read:
Subd. 8l. [ALTERNATIVE ATTENDANCE PROGRAMS.] A district
that enrolls nonresident pupils in programs under sections
120.062, 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and
126.22, shall may provide authorized transportation to the pupil
within the attendance area for the school that the pupil
attends. The state shall pay transportation aid attributable to
the pupil to the nonresident district according to this
section. The resident district need not provide or pay for
transportation between the pupil's residence and the district's
border.
Sec. 18. Minnesota Statutes 1994, section 124.225,
subdivision 8m, is amended 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. Failure of a school district to comply with the reporting
requirements of section 123.7991, 123.805, 169.452, 169.4582, or
171.321, subdivision 5, may result in a withholding of that
district's transportation safety aid for that school year.
Sec. 19. Minnesota Statutes 1994, section 124.225,
subdivision 9, is amended to read:
Subd. 9. [DISTRICT REPORTS.] Each district shall report
data to the department as required by the department to
implement the transportation aid formula account for
transportation expenditures. If a district's final
transportation aid payment is adjusted after the final aid
payment has been made to all districts, the adjustment shall be
made by increasing or decreasing the district's aid for the next
fiscal year.
Sec. 20. Minnesota Statutes 1994, section 124.225, is
amended by adding a subdivision to read:
Subd. 13. [TARGETED NEEDS TRANSPORTATION REVENUE.] A
district's targeted needs transportation revenue for the
1996-1997 and later school years equals the sum of the special
programs transportation revenue according to subdivision 14, the
integration transportation revenue according to subdivision 15,
and the nonpublic pupil transportation revenue according to
subdivision 16.
Sec. 21. Minnesota Statutes 1994, section 124.225, is
amended by adding a subdivision to read:
Subd. 14. [SPECIAL PROGRAMS TRANSPORTATION REVENUE.] A
district's special programs transportation revenue for the
1996-1997 and later school years equals the sum of:
(a) the district's actual cost in the base year for
transportation services for children with disabilities under
section 124.223, subdivisions 4, 5, 7, and 8, times the ratio of
the district's average daily membership for the current school
year to the district's average daily membership for the base
year; plus
(b) 80 percent of the difference between:
(1) the district's actual cost in the current year for
transportation services for children with disabilities under
section 124.223, subdivisions 4, 5, 7, and 8; and
(2) the amount computed in paragraph (a).
Sec. 22. Minnesota Statutes 1994, section 124.225, is
amended by adding a subdivision to read:
Subd. 15. [INTEGRATION TRANSPORTATION REVENUE.] A
district's integration transportation revenue for the 1996-1997
and later school years equals the following amounts:
(a) for independent school district No. 709, Duluth, $4
times the actual pupil units for the school year;
(b) for independent school district No. 625, St. Paul, $73
times the actual pupil units for the school year; and
(c) for special school district No. 1, Minneapolis, $158
times the actual pupil units for the school year.
Sec. 23. Minnesota Statutes 1994, section 124.225, is
amended by adding a subdivision to read:
Subd. 16. [NONPUBLIC PUPIL TRANSPORTATION REVENUE.] (a) A
district's nonpublic pupil transportation revenue for the
1996-1997 and later school years for transportation services for
nonpublic school pupils according to sections 123.39, 123.76 to
123.78, 124.223, and 124.226, equals the sum of the amounts
computed in paragraphs (b) and (c). This revenue does not limit
the obligation to transport pupils under sections 123.76 to
123.79.
(b) For regular and excess transportation according to
section 124.225, subdivision 1, paragraph (c), clauses (1) and
(3), an amount equal to the product of:
(1) the district's actual expenditure per pupil transported
in the regular and excess transportation categories during the
second preceding school year; times
(2) the number of nonpublic school pupils residing in the
district who receive regular or excess transportation service or
reimbursement for the current school year; times
(3) the ratio of the formula allowance pursuant to section
124A.22, subdivision 2, for the current school year to the
formula allowance pursuant to section 124A.22, subdivision 2,
for the second preceding school year.
(c) For nonregular transportation according to section
124.225, subdivision 1, paragraph (c), clause (2), and late
activity transportation according to section 124.226,
subdivision 9, an amount equal to the product of:
(1) the district's actual expenditure for nonregular and
late activity transportation for nonpublic school pupils during
the second preceding school year; times
(2) the ratio of the formula allowance pursuant to section
124A.22, subdivision 2, for the current school year to the
formula allowance pursuant to section 124A.22, subdivision 2,
for the second preceding school year.
Sec. 24. Minnesota Statutes 1994, section 124.225, is
amended by adding a subdivision to read:
Subd. 17. [TARGETED NEEDS TRANSPORTATION AID.] (a) A
district's targeted needs transportation aid is the difference
between its targeted needs transportation revenue under
subdivision 13 and its targeted needs transportation revenue
under section 124.226, subdivision 10.
(b) If a district does not levy the entire amount
permitted, aid must be reduced in proportion to the actual
amount levied.
Sec. 25. Minnesota Statutes 1994, section 124.226,
subdivision 3, is amended to read:
Subd. 3. [OFF-FORMULA ADJUSTMENT.] In a district if the
basic transportation levy under subdivision 1 attributable to
that fiscal year is more than the difference between (1) the
district's transportation revenue under section 124.225,
subdivision 7d, and (2) the sum of the district's maximum
nonregular levy under subdivision 4 and the district's
contracted services aid reduction under section 124.225,
subdivision 8k, and the amount of any reduction due to
insufficient appropriation under section 124.225, subdivision
8a, the district's transportation levy in the second year
following each fiscal year must be reduced by the difference
between the amount of the excess and the amount of the aid
reduction for the same fiscal year according to subdivision 3a.
Sec. 26. Minnesota Statutes 1994, section 124.226,
subdivision 4, is amended to read:
Subd. 4. [NONREGULAR TRANSPORTATION.] A school district
may also make a levy for unreimbursed nonregular transportation
costs pursuant to this subdivision.
(a) For the 1995-1996 school year, the amount of the levy
shall be the result of the following computation:
(a) (1) multiply
(1) (i) the amount of the district's nonregular
transportation revenue under section 124.225, subdivision 7d,
that is more than the product of $60 $65 times the district's
average daily membership, by
(2) (ii) 50 percent;
(b) (2) subtract the result in clause (a) (1) from the
district's total nonregular transportation revenue;
(c) (3) multiply the result in clause (b) (2) by the lesser
of one or the ratio of
(i) the quotient derived by dividing the adjusted net tax
capacity of the district for the year before the year the levy
is certified by the average daily membership in the district for
the school year to which the levy is attributable, to
(ii) $8,000.
Sec. 27. Minnesota Statutes 1994, section 124.226,
subdivision 9, is amended to read:
Subd. 9. [LATE ACTIVITY BUSES.] (a) For taxes payable in
1996, 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.
(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, 50 percent of the levy
certified for taxes payable in 1994, and for each year
thereafter the entire amount of this levy, shall be recognized
as revenue for the fiscal year in which the levy is certified.
Sec. 28. Minnesota Statutes 1994, section 124.226, is
amended by adding a subdivision to read:
Subd. 10. [TARGETED NEEDS TRANSPORTATION LEVY.] A school
district may make a levy for targeted needs transportation costs
according to this subdivision. The amount of the levy shall be
the result of the following computation:
(1) For fiscal year 1997 and later, targeted needs
transportation levy equalization revenue equals 28 percent of
the sum of the district's special programs transportation
revenue under section 124.225, subdivision 14, and the
district's integration transportation revenue under section
124.225, subdivision 15.
(2) The targeted needs transportation levy equals the
result in clause (1) times the lesser of one or the ratio of (i)
the quotient derived by dividing the adjusted net tax capacity
of the district for the year before the year the levy is
certified by the actual pupil units in the district for the
school year to which the levy is attributable, to (ii) $3,540.
Sec. 29. Minnesota Statutes 1994, section 126.15,
subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT OF MEMBERS.] Unless the parents or
guardian of a pupil object in writing to the school authorities
to the appointment of the pupil on a school safety patrol, it is
lawful for any pupil over nine years of age to be appointed and
designated as a member thereof, provided that in any school in
which there are no pupils who have attained such age any pupil
in the highest grade therein may be so appointed and
designated. School authorities may also appoint and designate
nonpupil adults as members of a school safety patrol on a
voluntary or for-hire basis.
Sec. 30. Minnesota Statutes 1994, 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, or a vehicle otherwise qualifying
as a type III vehicle under paragraph (5), when the vehicle is
properly registered and insured and being driven by an employee
or agent of a school district for nonscheduled transportation.
A school bus may be type A, type B, type C, or type D, or type
III as follows:
(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.
(5) Type III school buses and type III Head Start 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"
and "type III Head Start bus" must not be outwardly equipped and
identified as a type A, B, C, or D school bus or type A, B, C,
or D Head Start bus.
Sec. 31. Minnesota Statutes 1994, 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 or adult crossing
guard, while the member of the school safety patrol or adult
crossing guard is directing the movement of children across a
street or highway and while the school safety patrol member or
adult crossing guard 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. 32. Minnesota Statutes 1994, section 169.444,
subdivision 2, is amended to read:
Subd. 2. [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person
who fails to stop a vehicle or to keep it stopped, as required
in subdivision 1, is guilty of a misdemeanor punishable by a
fine of not less than $300.
(b) A person is guilty of a gross misdemeanor if the person
fails to stop a motor vehicle or to keep it stopped, as required
in subdivision 1, and commits either or both of the following
acts:
(1) passes or attempts to pass the school bus in a motor
vehicle on the right-hand, passenger-door side of the bus; or
(2) passes or attempts to pass the school bus in a motor
vehicle when a school child is outside of and on the street or
highway used by the school bus or on the adjacent sidewalk.
Sec. 33. Minnesota Statutes 1994, section 169.4502,
subdivision 4, is amended to read:
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 or chrome.
Sec. 34. Minnesota Statutes 1994, section 169.4503, is
amended by adding a subdivision to read:
Subd. 10a. [EMERGENCY EQUIPMENT; FIRST AID KITS.] A first
aid kit, and a body fluids cleanup kit is required regardless of
the age of the vehicle. They must be contained in removable,
moisture- and dust-proof containers mounted in an accessible
place within the driver's compartment of the school bus and must
be marked to indicate their identity and location.
Sec. 35. Minnesota Statutes 1994, section 169.451, is
amended by adding a subdivision to read:
Subd. 5. [RANDOM SPOT INSPECTIONS.] In addition to the
annual inspection, the Minnesota state patrol has authority to
conduct random, unannounced spot inspections of any school bus
or Head Start bus being operated within the state at the
location where the bus is kept when not in operation to
ascertain whether its construction, design, equipment, and color
comply with all provisions of law, including the Minnesota
school bus equipment standards in sections 169.4501 to 169.4504.
Sec. 36. [169.4511] [SCHOOL BUS ACCIDENTS; REINSPECTION.]
Subdivision 1. [POSTCRASH INSPECTION.] A peace officer
responding to an accident involving a school bus or Head Start
bus must immediately notify the state patrol if the accident
results in death or serious personal injury on the school bus,
or property damage to the school bus of an apparent extent of
more than $4,400. No person shall drive or knowingly permit or
cause to be driven, for the purpose of transporting students,
any school bus or Head Start bus after such an accident unless
the vehicle:
(1) has been inspected by the Minnesota state patrol and
the state patrol has determined that the vehicle may safely be
operated; or
(2) a waiver has been granted under subdivision 2.
A violation of this section is a misdemeanor.
Subd. 2. [WAIVER.] A state trooper or designee of the
Minnesota state patrol called to the scene of an accident by a
responding peace officer under subdivision 1 may waive the
inspection requirement of subdivision 1 if the trooper or state
patrol designee determines that a postcrash inspection is not
needed or cannot be accomplished without unreasonable delay.
The trooper or state patrol designee granting a waiver must
provide to the driver of the school bus for which the waiver is
granted a written statement that the inspection has been
waived. The written statement must include the incident report
number assigned to the accident by the state patrol.
Sec. 37. Minnesota Statutes 1994, section 169.452, is
amended to read:
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. In addition to the form, the department
shall have an alternative method of reporting that allows school
districts to use computer technology to provide the required
information. School districts shall report the information
required by the department using either format. A school
district must not be charged for reporting forms or reporting
procedures under this section. Data collected with this
reporting form under this section shall be analyzed to help
develop accident, crime, and misconduct prevention
programs. This section is not subject to chapter 14.
Sec. 38. Minnesota Statutes 1994, section 169.454,
subdivision 5, is amended to read:
Subd. 5. [FIRST AID KIT.] A minimum of a ten-unit first
aid kit, and a body fluids cleanup kit is required. The bus
They must have a be contained in removable, moisture- and
dust-proof first aid kit containers mounted in an accessible
place within the driver's compartment and must be marked to
indicate its their identity and location.
Sec. 39. Minnesota Statutes 1994, section 169.454, is
amended by adding a subdivision to read:
Subd. 13. [EXEMPTION.] When a vehicle otherwise qualifying
as a type III vehicle under section 169.01, subdivision 6,
paragraph (5), whether owned and operated by a school district
or privately owned and operated, is used to transport school
children in a nonscheduled situation, it shall be exempt from
the vehicle requirements of this section and the licensing
requirements of section 171.321, if the vehicle is properly
registered and insured and operated by an employee or agent of a
school district with a valid driver's license.
Sec. 40. Minnesota Statutes 1994, section 171.01,
subdivision 21, is amended to read:
Subd. 21. [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, or a vehicle otherwise qualifying
as a type III vehicle under section 169.01, subdivision 6,
paragraph (5), when the vehicle is properly registered and
insured and being driven by an employee or agent of a school
district for nonscheduled transportation.
Sec. 41. Minnesota Statutes 1994, section 171.18,
subdivision 1, is amended to read:
Subdivision 1. [OFFENSES.] The commissioner may suspend
the license of a driver without preliminary hearing upon a
showing by department records or other sufficient evidence that
the licensee:
(1) has committed an offense for which mandatory revocation
of license is required upon conviction;
(2) has been convicted by a court for violating a provision
of chapter 169 or an ordinance regulating traffic and department
records show that the violation contributed in causing an
accident resulting in the death or personal injury of another,
or serious property damage;
(3) is an habitually reckless or negligent driver of a
motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined
in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the
license;
(7) has committed an offense in another state that, if
committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444,
subdivision 2, paragraph (a), within five years of a prior
conviction under that section;
(9) has committed a violation of section 171.22, except
that the commissioner may not suspend a person's driver's
license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification
card;
(10) has failed to appear in court as provided in section
169.92, subdivision 4; or
(11) has failed to report a medical condition that, if
reported, would have resulted in cancellation of driving
privileges.
However, an action taken by the commissioner under clause
(2) or (5) must conform to the recommendation of the court when
made in connection with the prosecution of the licensee.
Sec. 42. Minnesota Statutes 1994, section 171.321,
subdivision 3, is amended to read:
Subd. 3. [STUDY OF APPLICANT.] (a) 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.
(b) The commissioner may issue to an otherwise qualified
applicant a temporary school bus endorsement, effective for no
more than 120 days, upon presentation of (1) an affidavit by the
applicant that the applicant has not been convicted of a
disqualifying offense and (2) a criminal history check from each
state of residence for the previous five years. The criminal
history check may be conducted and prepared by any public or
private source acceptable to the commissioner.
Sec. 43. Minnesota Statutes 1994, section 171.321,
subdivision 4, is amended 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 encourage 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; and
(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. 44. Minnesota Statutes 1994, section 171.321,
subdivision 5, is amended to read:
Subd. 5. [ANNUAL EVALUATION.] A school district district's
pupil transportation safety director, the chief administrator of
a nonpublic school, or a private contractor shall evaluate each
bus driver certify annually to assure the commissioner of public
safety that, at minimum, each school bus driver continues to
meet meets the school bus driver training competencies under
subdivision 4 and shall report the number of hours of in-service
training completed by each driver. 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 also shall check the license of
each person who transports students for the district with the
National Drivers Register or the department of public
safety annually. 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 The
school board must approve and forward the competency
certification and in-service report to the commissioner of
public safety.
Sec. 45. Minnesota Statutes 1994, section 171.3215,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(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.
(c) "Disqualifying offense" includes any felony offense,
any misdemeanor, gross misdemeanor, or felony violation of
chapter 152, or any violation under section 609.3451, 609.746,
subdivision 1, or 617.23, or while driving, operating, or being
in physical control of a school bus or a Head Start bus, a
fourth moving violation within a three-year period violation of
section 169.121, 169.129, or a similar statute or ordinance from
another state.
(d) "Head Start bus driver" means a person possessing a
valid Minnesota driver's license:
(1) with a passenger endorsement, who drives a Head Start
bus;
(2) with a school bus driver's endorsement, who drives a
Head Start bus; or
(3) who drives a vehicle with a seating capacity of ten or
fewer persons used as a Head Start bus.
Sec. 46. Minnesota Statutes 1994, section 171.3215,
subdivision 2, is amended to read:
Subd. 2. [CANCELLATION FOR DISQUALIFYING OFFENSE AND OTHER
OFFENSES.] Within ten days of receiving notice under section
631.40, subdivision 1a, or otherwise receiving notice for a
nonresident driver, that a school bus driver has been convicted
of a disqualifying offense, the commissioner shall permanently
cancel the school bus driver's endorsement on the offender's
driver's license and in the case of a nonresident, the driver's
privilege to operate a school bus in Minnesota. A school bus
driver whose endorsement or privilege to operate a school bus in
Minnesota has been permanently canceled may not apply for
reinstatement. Within ten days of receiving notice under
section 631.40, subdivision 1a, or otherwise receiving notice
for a nonresident driver, that a school bus driver has been
convicted of a gross misdemeanor, or a violation of section
169.121 or, 169.129, or a similar statute or ordinance from
another state, 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 or the nonresident's privilege to operate a
school bus in Minnesota for five years. After five years, a
school bus driver may apply to the commissioner for
reinstatement. Even after five years, cancellation of a school
bus driver's endorsement or a nonresident's privilege to operate
a school bus in Minnesota for a conviction violation under
section 169.121, 169.123, or 169.129, or a similar statute or
ordinance from another state, shall remain in effect until the
driver provides proof of successful completion of an alcohol or
controlled substance treatment program. For a first offense,
proof of completion is required only if treatment was ordered as
part of a chemical use assessment. Within ten days of receiving
notice under section 631.40, subdivision 1a, or otherwise
receiving notice for a nonresident driver, that a school bus
driver has been convicted of a fourth moving violation in the
last three years, the commissioner shall cancel the school bus
driver's endorsement on the offender's driver's license or the
nonresident's privilege to operate a school bus in Minnesota
until one year has elapsed since the last conviction. A school
bus driver who has no new convictions after one year may apply
for reinstatement. Upon canceling the offender's school bus
driver's endorsement, the 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.
Sec. 47. Minnesota Statutes 1994, section 171.3215,
subdivision 3, is amended to read:
Subd. 3. [BACKGROUND CHECK.] Before issuing or renewing a
driver's license with a school bus driver's endorsement, the
commissioner shall conduct an investigation to determine if the
applicant has been convicted of committing a disqualifying
offense, four moving violations in the previous three years, a
violation of section 169.121 or, 169.129, or a similar statute
or ordinance from another state, a gross misdemeanor, or if the
applicant's driver's license has been revoked under section
169.123. The 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
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 similar statute or ordinance
from another state, a gross misdemeanor, or if the applicant's
driver's license has been revoked under section 169.123, or if,
within the previous three years, the applicant has been
convicted of four moving violations. An applicant who has been
convicted of violating section 169.121 or, 169.129, or a similar
statute or ordinance from another state, or who has had a
license revocation under section 169.123 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. For a first offense, proof of completion
is required only if treatment was ordered as part of a chemical
use assessment. A school district or contractor that employs a
nonresident school bus driver must conduct a background check of
the employee's driving record and criminal history in both
Minnesota and the driver's state of residence. Convictions for
disqualifying offenses, gross misdemeanors, a fourth moving
violation within the previous three years, or violations of
section 169.121, 169.129, or a similar statute or ordinance in
another state, must be reported to the department of public
safety.
Sec. 48. [604A.015] [SCHOOL BUS DRIVER IMMUNITY FROM
LIABILITY.]
A school bus driver who, while on duty, provides emergency
care, advice, or assistance at the scene of an emergency or
during transit to a location where professional medical care can
be rendered, is not liable in ordinary negligence, for any civil
damages as a result of acts or omissions to the person to whom
assistance is rendered by the school bus driver in rendering the
emergency care, advice, or assistance. For the purposes of this
section, the scene of an emergency is an area outside the
confines of a hospital or other institution that has hospital
facilities, or an office of a person licensed to practice one or
more of the healing arts under chapter 147, 148, 150A, or 153.
Sec. 49. Minnesota Statutes 1994, section 631.40,
subdivision 1a, is amended to read:
Subd. 1a. [CERTIFIED COPY OF DISQUALIFYING OFFENSE
CONVICTIONS SENT TO PUBLIC SAFETY AND SCHOOL DISTRICTS.] When a
person is convicted of committing a disqualifying offense, as
defined in section 171.3215, subdivision 1, a gross misdemeanor,
a fourth moving violation within a three-year period, or a
violation of section 169.121 or 169.129, the court shall
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. 50. [INTERDISTRICT DESEGREGATION TRANSPORTATION
GRANTS.]
A district that provides transportation of pupils between
resident and nonresident districts for desegregation purposes
may apply to the commissioner of education for a grant to cover
the additional costs of transportation. The commissioner must
develop the form and manner of applications, the criteria to be
used to determine when transportation is for desegregation
purposes, and the accounting procedure to be used to determine
excess costs. In determining the grant amount, the commissioner
must consider other revenue received by the district for
transportation for desegregation purposes.
Sec. 51. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [TRANSPORTATION AID.] For transportation aid
according to Minnesota Statutes, section 124.225:
$145,715,000 ..... 1996
$ 22,001,000 ..... 1997
The 1996 appropriation includes $21,038,000 for 1995 and
$124,677,000 for 1996.
The 1997 appropriation includes $22,001,000 for 1996 and
$-0- for 1997.
Subd. 3. [TRANSPORTATION SAFETY.] For student
transportation safety aid according to Minnesota Statutes,
section 124.225, subdivision 8m:
$1,445,000 ..... 1996
$1,290,000 ..... 1997
The 1996 appropriation includes $368,000 for 1995 and
$1,077,000 for 1996.
The 1997 appropriation includes $190,000 for 1996 and
$1,110,000 for 1997.
Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
transportation of pupils attending post-secondary institutions
according to Minnesota Statutes, section 123.3514, or for
transportation of pupils attending nonresident districts
according to Minnesota Statutes, section 120.062:
$ 92,000 ..... 1996
$102,000 ..... 1997
Any balance remaining in the first year does not cancel but
is available in the second year.
Subd. 5. [RURAL COMPUTERIZED TRANSPORTATION ROUTING PILOT
PROJECT.] For a grant to independent school district No. 2148,
Blue Earth Area, for equipment and software to develop a
computerized school bus routing and mapping system:
$25,000 ..... 1996
The grantee district shall cooperate with at least two
other school districts in developing and implementing the system.
Subd. 6. [WIDE AREA TRANSPORTATION SERVICE PILOT PROJECT.]
For a wide area transportation service pilot project:
$250,000 ..... 1996
The purpose of the project is to pilot the use of
computerized mapping and scheduling programs for school
districts to jointly provide transportation services for
low-incidence programs in the metropolitan area. These services
include, but are not limited to, transportation for special
education, nonpublic pupils, results-oriented chartered schools,
enrollment options programs, area learning center programs and
desegregation programs. The department shall work with
representatives of the affected programs, transportation
managers from both metropolitan and rural districts, and the
metropolitan council. The department shall contract for
services as appropriate. The project may consider the
relationship of education transportation with transportation
services provided by noneducation agencies. This appropriation
is available until June 30, 1997.
Subd. 7. [INTERDISTRICT DESEGREGATION TRANSPORTATION
GRANT.] For grants according to section 50:
$300,000 ..... 1996
$630,000 ..... 1997
Subd. 8. [TARGETED NEEDS TRANSPORTATION AID.] For aid
payments for targeted needs transportation aid according to
section 24:
$60,760,000 ..... 1997
This appropriation is based on an entitlement of
$71,482,000.
Sec. 52. [TRANSPORTATION AIDS AND LEVIES; SUSPENSION.]
Minnesota Statutes 1994, sections 124.225, subdivisions 1,
3a, 7a, 7b, 7d, 7e, 8a, 8k, 8m, and 10; and 124.226,
subdivisions 1, 2, 3a, 4, 5, 6, 7, and 8, do not apply to aids
payable in fiscal years 1997 and 1998 or to levies made in 1995
and 1996 for taxes payable in 1996 and 1997.
Sec. 53. [EFFECTIVE DATE.]
Sections 6 to 9 and 29 to 49 are effective the day
following final enactment.
Section 12 is effective beginning with taxes payable in
1996 for fiscal year 1997.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1994, section 120.17,
subdivision 3a, is amended to read:
Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] Every district
shall ensure that:
(1) all students with disabilities are provided the special
instruction and services which are appropriate to their needs.
Where the individual education plan team has determined
appropriate goals and objectives based on the student's needs,
including the extent to which the student can be included in the
least restrictive environment, and where there are essentially
equivalent and effective instruction, related services, or
assistive technology devices available to meet the student's
needs, cost to the school district may be among the factors
considered by the team in choosing how to provide the
appropriate services, instruction, or devices that are to be
made part of the student's individual education plan. The
student's needs and the special education instruction and
services to be provided shall be agreed upon through the
development of an individual education plan. The plan shall
address the student's need to develop skills to live and work as
independently as possible within the community. By grade 9 or
age 14, the plan shall address the student's needs for
transition from secondary services to post-secondary education
and training, employment, community participation, recreation,
and leisure and home living. The plan must include a statement
of the needed transition services, including a statement of the
interagency responsibilities or linkages or both before
secondary services are concluded;
(2) children with a disability under age five and their
families are provided special instruction and services
appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or
guardians are guaranteed procedural safeguards and the right to
participate in decisions involving identification, assessment
and educational placement of children with a disability;
(4) to the maximum extent appropriate, children with a
disability, including those in public or private institutions or
other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other
removal of children with a disability from the regular
educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education
in regular classes with the use of supplementary services cannot
be achieved satisfactorily;
(5) in accordance with recognized professional standards,
testing and evaluation materials, and procedures utilized for
the purposes of classification and placement of children with a
disability are selected and administered so as not to be
racially or culturally discriminatory; and
(6) the rights of the child are protected when the parents
or guardians are not known or not available, or the child is a
ward of the state.
Sec. 2. Minnesota Statutes 1994, section 120.17,
subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall
utilize at least the following procedures for decisions
involving identification, assessment, and educational placement
of children with a disability:
(a) Parents and guardians shall receive prior written
notice of:
(1) any proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from
or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial or removal of
special education services for their child;
(b) The district shall not proceed with the initial formal
assessment of a child, the initial placement of a child in a
special education program, or the initial provision of special
education services for a child without the prior written consent
of the child's parent or guardian. The refusal of a parent or
guardian to consent may be overridden by the decision in a
hearing held pursuant to clause (e) at the district's
initiative;
(c) Parents and guardians shall have an opportunity to meet
with appropriate district staff in at least one conciliation
conference, mediation, or other method of alternative dispute
resolution that the parties agree to, if they object to any
proposal of which they are notified pursuant to clause (a). The
conciliation process or other form of alternative dispute
resolution shall not be used to deny or delay a parent or
guardian's right to a due process hearing. If the parent or
guardian refuses efforts by the district to conciliate the
dispute with the school district, the requirement of an
opportunity for conciliation or other alternative dispute
resolution shall be deemed to be satisfied;. Notwithstanding
other law, in any proceeding following a conciliation
conference, the school district must not offer a conciliation
conference memorandum into evidence, except for any portions
that describe the district's final proposed offer of service.
Otherwise, with respect to forms of dispute resolution,
mediation, or conciliation, Minnesota Rule of Evidence 408
applies. The department of education may reimburse the
districts or directly pay the costs of lay advocates, not to
exceed $150 per dispute, used in conjunction with alternative
dispute resolution.
(d) The commissioner shall establish a mediation process to
assist parents, school districts, or other parties to resolve
disputes arising out of the identification, assessment, or
educational placement of children with a disability. The
mediation process must be offered as an informal alternative to
the due process hearing provided under clause (e), but must not
be used to deny or postpone the opportunity of a parent or
guardian to obtain a due process hearing.
(e) Parents, guardians, and the district shall have an
opportunity to obtain an impartial due process hearing initiated
and conducted by and in the school district responsible for
assuring that an appropriate program is provided in accordance
with state board rules, if the parent or guardian continues to
object to:
(1) a proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer
of their child to a special education program;
(3) the proposed denial of placement of their child in a
special education program or the transfer of their child from a
special education program;
(4) the proposed provision or addition of special education
services for their child; or
(5) the proposed denial or removal of special education
services for their child.
At least five calendar Within five business days before
after the request for a hearing, or as directed by the hearing
officer, the objecting party shall provide the other party with
a brief written statement of particulars of the objection and,
the reasons for the objection, and the specific remedies sought.
The other party shall provide the objecting party with a written
response to the statement of objections within five business
days of receipt of the statement.
The hearing shall take place before an impartial hearing
officer mutually agreed to by the school board and the parent or
guardian. If the school board and the parent or guardian are
unable to agree on a hearing officer, the school board shall
request the commissioner to appoint a hearing officer. The
hearing officer shall not be a school board member or employee
of the school district where the child resides or of the child's
school district of residence, an employee of any other public
agency involved in the education or care of the child, or any
person with a personal or professional interest which would
conflict with the person's objectivity at the hearing. A person
who otherwise qualifies as a hearing officer is not an employee
of the district solely because the person is paid by the
district to serve as a hearing officer. If the hearing officer
requests an independent educational assessment of a child, the
cost of the assessment shall be at district expense. The
proceedings shall be recorded and preserved, at the expense of
the school district, pending ultimate disposition of the action.
(f) The decision of the hearing officer pursuant to clause
(e) shall be rendered not more than 45 calendar days from the
date of the receipt of the request for the hearing. A hearing
officer may grant specific extensions of time beyond the 45-day
period at the request of either party. The decision of the
hearing officer shall be binding on all parties unless appealed
to the hearing review officer by the parent, guardian, or the
school board of the district where the child resides pursuant to
clause (g).
The local decision shall:
(1) be in writing;
(2) state the controlling facts upon which the decision is
made in sufficient detail to apprise the parties and the hearing
review officer of the basis and reason for the decision;
(3) state whether the special education program or special
education services appropriate to the child's needs can be
reasonably provided within the resources available to the
responsible district or districts;
(4) state the amount and source of any additional district
expenditure necessary to implement the decision; and
(5) be based on the standards set forth in subdivision 3a
and the rules of the state board.
(g) Any local decision issued pursuant to clauses (e) and
(f) may be appealed to the hearing review officer within 30
calendar days of receipt of that written decision, by the
parent, guardian, or the school board of the district
responsible for assuring that an appropriate program is provided
in accordance with state board rules.
If the decision is appealed, a written transcript of the
hearing shall be made by the school district and shall be
accessible to the parties involved within five calendar days of
the filing of the appeal. The hearing review officer shall
issue a final independent decision based on an impartial review
of the local decision and the entire record within 30 calendar
days after the filing of the appeal. The hearing review officer
shall seek additional evidence if necessary and may afford the
parties an opportunity for written or oral argument; provided
any hearing held to seek additional evidence shall be an
impartial due process hearing but shall be deemed not to be a
contested case hearing for purposes of chapter 14. The hearing
review officer may grant specific extensions of time beyond the
30-day period at the request of any party.
The final decision shall:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a
and in the rules of the state board.
(h) The decision of the hearing review officer shall be
final unless appealed by the parent or guardian or school board
to the court of appeals. The judicial review shall be in
accordance with chapter 14.
(i) The commissioner of education shall select an
individual who has the qualifications enumerated in this
paragraph to serve as the hearing review officer:
(1) the individual must be knowledgeable and impartial;
(2) the individual must not have a personal interest in or
specific involvement with the student who is a party to the
hearing;
(3) the individual must not have been employed as an
administrator by the district that is a party to the hearing;
(4) the individual must not have been involved in the
selection of the administrators of the district that is a party
to the hearing;
(5) the individual must not have a personal, economic, or
professional interest in the outcome of the hearing other than
the proper administration of the federal and state laws, rules,
and policies;
(6) the individual must not have substantial involvement in
the development of a state or local policy or procedures that
are challenged in the appeal; and
(7) the individual is not a current employee or board
member of a Minnesota public school district, education
district, intermediate unit or regional education agency, the
state department of education, the state board of education, or
a parent advocacy organization or group.
(j) In all appeals, the parent or guardian of the pupil
with a disability or the district that is a party to the hearing
may challenge the impartiality or competence of the proposed
hearing review officer by applying to the state board of
education hearing review officer.
(k) Pending the completion of proceedings pursuant to this
subdivision, unless the district and the parent or guardian of
the child agree otherwise, the child shall remain in the child's
current educational placement and shall not be denied initial
admission to school.
(l) The child's school district of residence, a resident
district, and providing district shall receive notice of and may
be a party to any hearings or appeals under this subdivision.
(m) A school district is not liable for harmless technical
violations of this subdivision or rules implementing this
subdivision if the school district can demonstrate on a
case-by-case basis that the violations did not harm the
student's educational progress or the parent or guardian's right
to notice, participation, or due process.
(n) Within ten calendar days after appointment, the hearing
officer shall schedule and hold a prehearing conference. At
that conference, or later, the hearing officer may take any
appropriate action that a court might take under Rule 16 of
Minnesota Rules of Civil Procedure including, but not limited
to, scheduling, jurisdiction, and listing witnesses including
expert witnesses.
(o) A hearing officer or hearing review officer appointed
under this subdivision shall be deemed to be an employee of the
state under section 3.732 for the purposes of section 3.736 only.
(p) In order to be eligible for selection, hearing officers
and hearing review officers shall participate in training and
follow procedures as designated by the commissioner.
Sec. 3. Minnesota Statutes 1994, section 120.17, is
amended by adding a subdivision to read:
Subd. 3d. [INTERAGENCY SERVICES.] If at the time of
initial referral for an educational assessment, or a
reassessment, the school district determines that a child with
disabilities who is age 3 through 21 may be eligible for
interagency services, the district may request that the county
of residence provide a representative to the initial assessment
or reassessment team meeting or the first individual education
plan team meeting following the assessment or reassessment. The
district may request to have a county representative attend
other individual education plan team meetings when it is
necessary to facilitate coordination between district and county
provided services. Upon request from a school district, the
resident county shall provide a representative to assist the
individual education plan team in determining the child's
eligibility for existing health, mental health, or other support
services administered or provided by the county. The individual
education plan team and the county representative shall develop
an interagency plan of care for an eligible child and the
child's family to coordinate services required under the child's
individual education plan with county services. The interagency
plan of care shall include appropriate family information with
the consent of the family, a description of how services will be
coordinated between the district and county, a description of
service coordinator responsibilities and services, and a
description of activities for obtaining third-party payment for
eligible services, including medical assistance payments.
Sec. 4. Minnesota Statutes 1994, section 121.8355,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) Each collaborative shall:
(1) establish, with assistance from families and service
providers, clear goals for addressing the health, developmental,
educational, and family-related needs of children and youth and
use outcome-based indicators to measure progress toward
achieving those goals;
(2) establish a comprehensive planning process that
involves all sectors of the community, identifies local needs,
and surveys existing local programs;
(3) integrate service funding sources so that children and
their families obtain services from providers best able to
anticipate and meet their needs;
(4) coordinate families' services to avoid duplicative and
overlapping assessment and intake procedures;
(5) focus primarily on family-centered services;
(6) encourage parents and volunteers to actively
participate by using flexible scheduling and actively recruiting
volunteers;
(7) provide services in locations that are readily
accessible to children and families;
(8) use new or reallocated funds to improve or enhance
services provided to children and their families;
(9) identify federal, state, and local institutional
barriers to coordinating services and suggest ways to remove
these barriers; and
(10) design and implement an integrated local service
delivery system for children and their families that coordinates
services across agencies and is client centered. The delivery
system shall provide a continuum of services for children birth
to age 18, or birth through age 21 for individuals with
disabilities. The collaborative shall describe the community
plan for serving pregnant women and children from birth to age
six.
(b) The outcome-based indicators developed in paragraph
(a), clause (1), may include the number of low birth weight
babies, the infant mortality rate, the number of children who
are adequately immunized and healthy, require out-of-home
placement or long-term special education services, and the
number of minor parents.
Sec. 5. Minnesota Statutes 1994, section 123.3514,
subdivision 7, is amended to read:
Subd. 7. [FEES; TEXTBOOKS; MATERIALS.] A post-secondary
institution that receives reimbursement for a pupil under
subdivision 6 may not charge that pupil for fees, textbooks,
materials, support services as defined in section 135A.16, or
other necessary costs of the course or program in which the
pupil is enrolled if the charge would be prohibited under
section 120.74, except for equipment purchased by the pupil that
becomes the property of the pupil. An institution may require
the pupil to pay for fees, textbooks, and materials for a course
taken for post-secondary credit.
Sec. 6. Minnesota Statutes 1994, section 123.3514, is
amended by adding a subdivision to read:
Subd. 7b. [SUPPORT SERVICES.] The postsecondary
institution shall inform the pupil of the support services
available at that institution. If the student has an individual
education plan that provides general education support and
accommodations, the post-secondary institution shall provide the
support services as described in the student's IEP and the
post-secondary institution and the district shall negotiate an
agreement on the rate to be charged for the services. Nothing
in this section shall prevent the student from enrolling while
the agreement is being developed. If the parties cannot agree
on the services, on application of either party, the
commissioner shall resolve the dispute in the same manner the
commissioner fixes tuition rates under section 120.17,
subdivision 4. The commissioner's decision is binding on both
parties.
Sec. 7. Minnesota Statutes 1994, section 125.62,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A grant program is
established to assist American Indian people to become teachers
and to provide additional education for American Indian
teachers. The state board may award a joint grant to each of
the following:
(1) the Duluth campus of the University of Minnesota and
independent school district No. 709, Duluth;
(2) Bemidji state university and independent school
district No. 38, Red Lake;
(3) Moorhead state university and one of the school
districts located within the White Earth reservation; and
(4) Augsburg college, independent school district No. 625,
St. Paul, and special school district No. 1, Minneapolis.
Sec. 8. Minnesota Statutes 1994, section 125.62,
subdivision 7, is amended to read:
Subd. 7. [LOAN FORGIVENESS.] The loan may be forgiven if
the recipient is employed as a teacher, as defined in section
125.12 or 125.17, in an eligible school or program in
Minnesota. One-fifth One-fourth of the principal of the
outstanding loan amount shall be forgiven for each year of
eligible employment, or a pro rata amount for eligible
employment during part of a school year, part-time employment as
a substitute teacher, or other eligible part-time
teaching. Loans for $2,500 or less may be forgiven at the rate
of up to $1,250 per year. The following schools and programs
are eligible for the purposes of loan forgiveness:
(1) a school or program operated by a school district;
(2) a tribal contract school eligible to receive aid
according to section 124.86;
(3) a head start program;
(4) an early childhood family education program; or
(5) a program providing educational services to children
who have not entered kindergarten; or
(6) a program providing educational enrichment services to
American Indian students in grades kindergarten through 12.
If a person has an outstanding loan obtained through this
program, the duty to make payments of principal and interest may
be deferred during any time period the person is enrolled at
least one-half time in an advanced degree program in a field
that leads to employment by a school district. To defer loan
obligations, the person shall provide written notification to
the state board of education and the recipients of the joint
grant that originally authorized the loan. Upon approval by the
state board and the joint grant recipients, payments shall be
deferred.
The loan forgiveness program, loan deferral, and procedures
to administer the program shall be approved by the higher
education coordinating board.
Sec. 9. Minnesota Statutes 1994, section 126.49, is
amended by adding a subdivision to read:
Subd. 2a. [RESOLUTION OR LETTER.] All persons applying for
a license under this section must submit to the board a
resolution or letter of support signed by an American Indian
tribal government or its designee. All persons holding a
license under this section on the effective date of this section
must have on file or file with the board a resolution or letter
of support signed by a tribal government or its designee by
January 1, 1996, or the next renewal date of the license
thereafter.
Sec. 10. Laws 1994, chapter 587, article 3, section 19,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL EDUCATION AID.] $17,500,000 is
appropriated in fiscal year 1994 from the general fund to the
department of education for special education aid to school
districts. This appropriation is available until June 30,
1995. This amount is added to the appropriations for aid for
special education programs contained in Laws 1993, chapter 224,
article 3, section 38, subdivisions 2, 4, 8, 11, and 14. The
individual appropriations shall be increased by the commissioner
of finance in the amounts determined by the commissioner of
education. This amount is appropriated to eliminate the fiscal
year 1993 deficiencies and eliminate or reduce the fiscal year
1995 deficiencies in the appropriations in those
subdivisions. Any amount not needed for these purposes is
available to eliminate or reduce the fiscal year 1994
deficiencies in the appropriations in those subdivisions. The
commissioner of finance shall transfer amounts among the
appropriations in those subdivisions as determined by the
department of education. The department must reduce a school
district's payable 1995 levy limitations by the full amount of
the aid payments made to the school district according to this
subdivision. This appropriation shall not be included in
determining the amount of a deficiency in the special education
programs for fiscal year years 1994 and 1995 for the purpose of
allocating any excess appropriations to aid or grant programs
with insufficient appropriations as provided in Minnesota
Statutes, section 124.14, subdivision 7. Notwithstanding
Minnesota Statutes, section 124.195, subdivision 10, 100 percent
of this appropriation must be paid in fiscal years 1994 and
1995. This appropriation is not to be included in a base budget
for future fiscal years.
Sec. 11. [OPTIONS PLUS PILOT PROGRAM.]
Subdivision 1. [PURPOSE.] A pilot program is established
to support general education classroom teachers who teach
children with specific learning disabilities. The goals of the
pilot program are to:
(1) increase participation of these children in
noncategorical programming designed to encourage their maximum
potential and maintain their self-esteem;
(2) demonstrate results in measurable educational outcomes;
(3) provide alternatives to special education that focus on
children's educational progress and results, respond to the
individual child, are efficient and cost-effective, and ensure
the rights of eligible children and their families to due
process;
(4) increase general education's ability to educate in a
manner that decreases the need for pull-out programs for
students with specific learning disabilities; and
(5) implement alternative approaches to conflict resolution.
Subd. 2. [DEFINITIONS.] For the purposes of this section
the terms defined in this subdivision have the meanings given
them.
(a) "Accommodation" means any technique that alters the
educational setting to enable the child to reach the child's
maximum potential and to demonstrate more accurately the child's
knowledge and educational progress. Accommodations may include,
but are not limited to: preferential seating, paraphrasing of
information, instructions, practice activities and directions
provided in a manner consistent with the child's learning style,
opportunity for increased response time, more frequent
opportunity for review, extended time to complete assignments
and tests, larger print for assignments or tests, special study
sheets, extended or untimed tests, oral testing and answering,
and use of assistive technology within and outside the
educational environment.
(b) "Assistive technology" means any item, piece of
equipment, or product system, whether acquired commercially off
the shelf, modified, or customized, that is used to increase,
maintain, or improve functional capabilities.
(c) "Competency" means a documented and demonstrated
attitude, skill, or knowledge base resulting in an ability of
general education personnel to provide accommodations,
modifications, and personalized instruction, according to the
eligible child's individual learning styles, within general
education environments.
(d) "Consistently available" means that education personnel
who demonstrate competency are site-based and designated as a
resource for the development and use of accommodations,
modifications, and personalized instruction in general education.
(e) "Eligible children" means those children who have
specific learning disabilities or conditions related to these
disabilities according to recognized professional standards and
documented by appropriately licensed personnel.
(f) "Learner plan" means a concise written plan that is
based on the eligible child's documented specific learning
disabilities and needs; includes the eligible child's strengths
that may compensate for those differences and needs; provides
the child, the child's parent, and all general education
personnel responsible for direct instruction with information
that results in clear understanding and subsequent use of
accommodations, modifications, and personalized instruction; and
includes methods of evaluating the child's progress that are
consistent with learning differences, needs, strengths,
modifications, and accommodations, and are at intervals
identical to the student population of the school in which the
child participating in Options Plus is enrolled.
(g) "Modification" means any technique that alters the
school work required, makes it different from the school work
required or other students in the same course, and encourages
the eligible child to reach the child's maximum potential and
facilitate educational success. Modifications may include, but
are not limited to: copies of teacher notes and lesson plans,
assisted note taking, reduced or altered assignments, increased
assignments in areas of strength, alternative test formats,
modified testing, peer assistance, cooperative learning, and
modified grading such as documentation of progress and results.
(h) "Parent" means a parent, guardian, or person acting as
a parent of a child.
(i) "Personalized instruction" means direct instruction
designed with knowledge of the child's learning style,
strengths, and differences, to assist the child to gain in skill
areas, so the child demonstrates progress toward and outcomes
necessary to become a successful citizen.
Subd. 3. [APPLICATION.] (a) An Options Plus applicant must
be a school district or districts that cooperate for a
particular purpose. To be eligible for an Options Plus pilot
program grant, a district or districts must submit an
application to the commissioner of education in the form and
manner prescribed by the commissioner. The application must
describe:
(1) how the applicant will ensure that eligible children
receive accommodations, modifications, and personalized
instruction;
(2) the methods to be used to develop a learner plan for
each child participating in the program and to evaluate
individual progress, outcomes, and cumulative results including
parent satisfaction;
(3) the projected number of students participating in the
program;
(4) the current and projected level of educator competency
at each district site where an Options Plus program will be
established;
(5) procedures for assessing and determining eligibility of
students with specific learning disabilities in accordance with
Minnesota Rules, parts 3525.1325 to 3525.1347;
(6) procedures for informing the parent and child, as
appropriate, of all procedural safeguards and dispute resolution
alternatives available under the Individuals with Disabilities
Education Act (IDEA), United States Code, title 20, section 1400
et seq., American with Disabilities Act of 1990 (ADA), United
States Code, title 42, section 12101 et seq., Rehabilitation Act
of 1973, United States Code, title 29, section 794, and
applicable state law;
(7) alternative dispute resolution methods to be
implemented if agreed upon by the parent and are instituted in a
timely manner not to exceed 30 days or in accordance with
current laws; and
(8) any additional information required by the commissioner.
(b) Districts shall continue accounting procedures for
documenting that federal special education funds are expended
for child find, identification, and evaluation consistent with
federal law. A district shall not include children
participating in the Options Plus program in special education
child counts or funding formulas.
Subd. 4. [RIGHTS OF PARENT AND CHILD.] Any child enrolled
in an Options Plus pilot program may withdraw at any time upon
written request of the parent or child and seek or reinstate
eligibility for services under Minnesota Statutes, section
120.17. If a child who withdraws was previously served through
an individual education plan under Minnesota Statutes, section
120.17, the parent shall retain the right to immediately
reinstate the last agreed upon individual education plan.
Subd. 5. [USE OF FUNDS.] Options Plus pilot program grants
shall be used to supplement staff development funding under
Minnesota Statutes, section 124A.29, to train general education
classroom teachers to meet the needs of children with specific
learning disabilities. The training shall result in each
participating teacher achieving the following competencies:
(1) understanding and communicating to the parents of the
child the options available for instruction;
(2) the ability to assess the learning environment and
provide the necessary accommodations, modifications, and
personalized instruction necessary to meet the needs of the
child; and
(3) the ability to work collaboratively and in teams with
other teachers and support and related services staff.
Subd. 6. [REPORT.] A school district receiving an Options
Plus pilot program grant shall report to the commissioner of
education on the educational impact and cost-effectiveness of
the Options Plus program by February 15, 1997. The commissioner
shall evaluate the effectiveness of the Options Plus program and
recommend to the education committees of the legislature by
February 15, 1998, whether the program should be continued or
expanded statewide and whether to include other disability areas.
Sec. 12. [STATE VOCATIONAL SCHOOL PLANNING PROCESS.]
Subdivision 1. [PLANNING COMMITTEE.] A planning committee
is established to develop a preliminary plan for a
state-of-the-art vocational high school in Minnesota to serve
the needs of students with special vocational interests and
talents, and to serve as a demonstration site for vocational
education. The committee shall consist of 21 members. The
governor, speaker of the house of representatives, and the
majority leader of the senate shall each appoint seven members.
The governor's appointments must include the commissioners of
education and human services or their designees. Members also
must include potential students and their parents, imaginative
practicing teachers, high school administrators, representatives
of business and labor, and community representatives. The
committee is subject to Minnesota Statutes, section 15.059.
Subd. 2. [PURPOSES.] The purposes of the planning
committee are to:
(1) evaluate the need for a vocational high school,
including the needs of Minnesota students for vocational
training and the needs of private sector employers for skilled,
vocationally trained employees;
(2) determine the capacity of Minnesota's secondary schools
to meet this need;
(3) identify the challenges and opportunities for
vocational education;
(4) develop a preliminary plan for a vocational high school
to meet the identified needs;
(5) develop a learning signature for a vocational high
school based on its focus, including educational goals, learning
organization, anticipated learner results, and staffing and
staff development;
(6) describe the anticipated partnerships of the vocational
school with other secondary educational institutions,
post-secondary institutions, business and labor, community
organizations, and students' families;
(7) develop a technology and equipment plan for the
proposed school; and
(8) develop preliminary cost estimates for a vocational
school.
Subd. 3. [APPOINTMENTS; MEETINGS.] The planning committee
must be appointed by July 1, 1995. The committee must begin
meeting in July 1995. At least some of the committee meetings
must be held outside the metropolitan area as defined in
Minnesota Statutes, section 473.121, subdivision 2.
Subd. 4. [REPORT.] The planning committee shall make a
report of its work to the education committees of the
legislature in February 1996.
Subd. 5. [STAFF; OFFICE SPACE.] The planning committee may
appoint staff as necessary to assist in its work. The staff are
members of the unclassified service of the state. The
commissioner of education shall provide office space for the
committee staff.
Sec. 13. [MEXICAN ORIGIN EDUCATION PILOT GRANT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A Mexican origin education
pilot grant program is established to assist school districts
and communities in meeting the educational and culturally
related academic needs of students of Mexican origin.
Subd. 2. [EXPECTED OUTCOMES.] Grant recipients shall use
the funds for programs designed to improve the school success of
students of Mexican origin. Grant proceeds may be used for
curriculum and staff development, tutoring, mentoring, parent
involvement, and other programs that are designed to:
(1) improve student achievement and reduce dropout rates;
(2) increase student knowledge and understanding of Mexican
history;
(3) improve instruction by developing the cultural
competence skills of teachers and other staff; and
(4) increase parent involvement in education and the school
community.
Subd. 3. [GRANT ELIGIBILITY, APPLICATIONS, AND AWARDS.]
The commissioner of education shall prescribe the form and
manner of applications and may award grants to the applicants
likely to meet the outcomes in subdivision 2. The commissioner
shall give preference to grant proposals that provide
collaboration with community resources and a local match.
Sec. 14. [COMMISSIONERS' DUTIES.]
The commissioners of education, human services, and health
shall review current state rules and statutes concerning the
disability definitions, eligibility criteria, assessment and
diagnostic practices, licensing of service providers, aversive
and deprivation procedures, and case management procedures for
programs and services for children with disabilities provided by
the education and human services systems. The commissioners
shall report to the education and health and human services
committees of the legislature by February 15, 1996, on
recommendations for modifying state rules and statutes and
applying for necessary federal waivers to improve service
delivery and promote integration and collaboration between the
education and human services systems. The commissioners shall
include state and local program administrators and service
providers in the process for reviewing the state statutes and
rules.
Sec. 15. [LOCAL TRAINING PROGRAMS.]
The commissioners of education, human services, and health
shall jointly develop and implement a training program for local
staff in school districts and county human services and social
services agencies who work with children with disabilities and
their families. Implementation of the training program shall
begin no later than January 15, 1996. The training shall
familiarize staff with the disability definitions, eligibility
criteria, assessment and diagnostic practices, available
services, and case management procedures of each of the service
providing systems. The goal of the training is to enable local
staff to determine if children with disabilities may be eligible
for interagency services, involve staff from appropriate
agencies in collaboratively developing a multiagency plan of
care, reduce duplication and promote service coordination, and
improve services to children with disabilities and their
families.
Sec. 16. [OSSEO LEVY.]
For 1995 taxes payable in 1996 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. 17. [FEDERAL SPECIAL EDUCATION FUNDS.]
A school district shall not transfer a special education
expenditure from a federal revenue source to a state revenue
source for fiscal year 1995 after March 30, 1995.
Sec. 18. [COMPREHENSIVE EARLY INTERVENTION PROGRAM FOR
STUDENTS WITH EMOTIONAL OR BEHAVIORAL DISORDERS.]
Subdivision 1. [ESTABLISHMENT.] A pilot program is
established in independent school district No. 624, White Bear
Lake, to provide comprehensive early intervention services to
children with emotional or behavioral disorders. The goals of
the pilot program are to:
(1) improve learner outcomes for children with emotional or
behavioral disorders;
(2) reduce the need for placement of children with
emotional or behavioral disorders in special education programs
under Minnesota Statutes, section 120.17;
(3) reduce the number of school exclusions, expulsions, and
suspensions;
(4) reduce the number of children entering the juvenile
justice system; and
(5) improve the cost-effectiveness of services for children
with emotional or behavioral disorders.
Subd. 2. [APPLICATION; EVALUATION.] (a) To participate in
the pilot program, the district shall submit an application to
the commissioner of education in the form and manner prescribed
by the commissioner. The application shall include a plan for
developing and implementing a comprehensive early intervention
program that provides for the following:
(1) early identification of children who are demonstrating
characteristics or behavior that may lead to placement in a
special education program under Minnesota Statutes, section
120.17, and Minnesota Rules, part 3525.1329;
(2) flexible early intervention strategies that are
performance based and may include the school, local mental
health agencies, the parent, and the community;
(3) mentoring programs that may include both adult
community mentors or student peer mentors;
(4) collaboration with local mental health, social
services, law enforcement, and nonprofit agencies;
(5) flexible instructional delivery alternatives that may
include an extended school year, flexible school days, or
work-based learning programs;
(6) extensive parent involvement in developing and
implementing early intervention strategies, including parent
training in appropriate intervention skills; and
(7) technology-based systems for individualized instruction
and student record management.
(b) The district shall contract with an independent agency
for an evaluation of the effectiveness of the pilot program and
report to the commissioner of education by January 15, 1997.
Sec. 19. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
or other named fund to the department of education for the
fiscal years designated.
Subd. 2. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
For grants to American Indian language and culture education
programs according to Minnesota Statutes, section 126.54,
subdivision 1:
$591,000 ..... 1996
$591,000 ..... 1997
The 1996 appropriation includes $88,000 for 1995 and
$503,000 for 1996.
The 1997 appropriation includes $88,000 for 1996 and
$503,000 for 1997.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [AMERICAN INDIAN EDUCATION.] (a) For certain
American Indian education programs in school districts:
$175,000 ..... 1996
$175,000 ..... 1997
The 1996 appropriation includes $26,000 for 1995 and
$149,000 for 1996.
The 1997 appropriation includes $26,000 for 1996 and
$149,000 for 1997.
(b) These appropriations are available for expenditure with
the approval of the commissioner of the department of education.
(c) The commissioner must not approve the payment of any
amount to a school district or school under this subdivision
unless that school district or school is in compliance with all
applicable laws of this state.
(d) Up to the following amounts may be distributed to the
following schools and school districts for each fiscal year:
$54,800, Pine Point School; $9,800 to independent school
district No. 166, Cook county; $14,900 to independent school
district No. 432, Mahnomen; $14,200 to independent school
district No. 435, Waubun; $42,200 to independent school district
No. 707, Nett Lake; and $39,100 to independent school district
No. 38, Red Lake. These amounts must be spent only for the
benefit of American Indian pupils and to meet established state
educational standards or statewide requirements.
(e) Before a district or school can receive money under
this subdivision, the district or school must submit, to the
commissioner, evidence that it has complied with the uniform
financial accounting and reporting standards act, Minnesota
Statutes, sections 121.904 to 121.917.
Subd. 4. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For American Indian post-secondary preparation grants
according to Minnesota Statutes, section 124.481:
$857,000 ..... 1996
$857,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships according to Minnesota Statutes, section
124.48:
$1,600,000 ..... 1996
$1,600,000 ..... 1997
Any unexpended balance remaining in the first year does not
cancel but is available in the second year.
Subd. 6. [INDIAN TEACHER PREPARATION GRANTS.] (a) For
joint grants to assist Indian people to become teachers:
$190,000 ..... 1996
$190,000 ..... 1997
(b) Up to $70,000 each year is for a joint grant to the
University of Minnesota at Duluth and the Duluth school district.
(c) Up to $40,000 each year is for a joint grant to each of
the following:
(1) Bemidji state university and the Red Lake school
district;
(2) Moorhead state university and a school district located
within the White Earth reservation; and
(3) Augsburg college, independent school district No. 625,
St. Paul, and the Minneapolis school district.
(d) Money not used for students at one location may be
transferred for use at another location.
(e) Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid according to Minnesota Statutes, section 124.86:
$238,000 ..... 1996
$361,000 ..... 1997
The 1996 appropriation includes $19,000 for 1995 and
$219,000 for 1996.
The 1997 appropriation includes $38,000 for 1996 and
$323,000 for 1997.
Subd. 8. [EARLY CHILDHOOD PROGRAMS AT TRIBAL SCHOOLS.] For
early childhood family education programs at tribal contract
schools:
$68,000 ..... 1996
$68,000 ..... 1997
Subd. 9. [PART H.] For the department of education's share
of the state's obligation under Part H:
$ -0- ..... 1996
$400,000 ..... 1997
This appropriation assumes that the departments of health
and human services will contribute $1,635,000 for the state
share of Part H costs.
Subd. 10. [AMERICAN SIGN LANGUAGE; TEACHER EDUCATION
HEARING.] To assist school districts in educating teachers in
American sign language:
$13,000 ..... 1996
$12,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 11. [MEXICAN ORIGIN EDUCATION GRANTS.] For grants
for a Mexican origin education pilot grant program:
$50,000 ..... 1996
$25,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 12. [LAY ADVOCATES.] To pay or reimburse lay
advocates for their time and expense as provided in Minnesota
Statutes, section 120.17:
$10,000 ..... 1996
This appropriation is available until June 30, 1997.
Subd. 13. [OPTIONS PLUS PILOT GRANTS.] For grants to
school districts for options plus pilot programs:
$150,000 ..... 1996
Each grant shall not exceed $50,000.
This appropriation is available until June 30, 1997.
Recipients are encouraged to use other staff development
resources if available.
Subd. 14. [VOCATIONAL SCHOOL PLANNING.] For staff costs
and related expenses for the vocational school planning
committee:
$100,000 ..... 1996
This appropriation is available until June 30, 1997.
Subd. 15. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid according to Minnesota
Statutes, section 124.573:
$11,874,000 ..... 1996
$11,596,000 ..... 1997
The 1996 appropriation includes $2,017,000 for 1995 and
$9,857,000 for 1996.
The 1997 appropriation includes $1,739,000 for 1996 and
$9,857,000 for 1997.
Subd. 16. [SCHOOL INTERPRETERS.] For grants for school
interpreters to upgrade their interpreting/transliterating
skills and obtain certification:
$150,000 ..... 1996
$100,000 ..... 1997
Up to five percent of this amount may be used for
administration of this program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 17. [COMPREHENSIVE EARLY INTERVENTION PROGRAM
GRANTS.] For a grant to independent school district No. 624,
White Bear Lake, for a comprehensive early intervention pilot
program for students with emotional or behavioral disorders:
$390,000 ..... 1996
This appropriation is available until June 30, 1997.
Sec. 20. [EFFECTIVE DATE.]
Sections 10, 12, and 17 are effective the day following
final enactment.
ARTICLE 4
COMMUNITY PROGRAMS
Section 1. Minnesota Statutes 1994, section 116J.655, is
amended to read:
116J.655 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.]
The commissioner of trade and economic development shall
establish a youth entrepreneurship education program to improve
the academic and entrepreneurial skills of students and aid in
their transition from school to business creation. The program
shall strengthen local economies by creating jobs that enable
citizens to remain in their communities and to foster
cooperation among educators, economic development professionals,
business leaders, and representatives of labor. Assistance
under this section shall be available to new or existing
student-operated or school-operated businesses that have an
educational purpose, and provide service or products for
customers or clients who do not attend or work at the sponsoring
school. The commissioner may require an equal local match for
assistance under this section up to the maximum grant amount of
$20,000.
Sec. 2. Minnesota Statutes 1994, section 121.702, is
amended by adding a subdivision to read:
Subd. 10. [COUNCIL.] "Council" means the governor's
workforce development council.
Sec. 3. Minnesota Statutes 1994, 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 commission, and beginning
January 1, 1997, the council, an application that complies with
section 121.706.
Subd. 2. [GRANT AUTHORITY.] The commission and, beginning
January 1, 1997, the council 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 commission and, beginning January 1, 1997,
the council may select at least one residential proposal and one
nonresidential proposal, provided the proposals meet or exceed
the criteria in section 121.706.
Sec. 4. Minnesota Statutes 1994, 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 commission and,
beginning January 1, 1997, the council an application that meets
the requirements of this section. The commission and, beginning
January 1, 1997, the council 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 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 commission and, beginning January 1,
1997, the council, 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. 5. Minnesota Statutes 1994, section 121.707,
subdivision 2, is amended to read:
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 amount
of the postservice benefit earned upon completion of the
contracted length of service, 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. 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
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.
Sec. 6. Minnesota Statutes 1994, section 121.707,
subdivision 3, is amended to read:
Subd. 3. [POSTSERVICE BENEFIT.] (a) Each eligible
organization shall agree to provide to every participant shall
who fulfills the terms of a contract under section 121.707,
subdivision 2, receive a nontransferable postservice benefit
upon successfully completing the program. The benefit must be
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. Upon signing a contract under section 121.707,
subdivision 2, each eligible organization shall deposit funds to
cover the full amount of postservice benefits obligated, except
for national education awards that are deposited in the national
service trust fund. Funds encumbered in fiscal years 1994 and
1995 for postservice benefits shall be available until the
participants for whom the funds were encumbered are no longer
eligible to draw benefits.
(b) 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 received from eligible organizations. If a participant
does not complete the term of service or, upon successful
completion of the program, 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 refunded to the eligible
organization or, at the organization's discretion, dedicated to
another eligible participant. Interest earned on funds
deposited in the postservice benefit account is appropriated to
the higher education coordinating board for the costs of
administering the postservice benefits accounts.
(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.
Sec. 7. Minnesota Statutes 1994, section 121.707,
subdivision 4, is amended to read:
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 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 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 commission, in consultation with the education
and employment transitions council, and beginning January 1,
1997, the workforce development 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.
Sec. 8. Minnesota Statutes 1994, section 121.707,
subdivision 6, is amended to read:
Subd. 6. [PROGRAM TRAINING.] (a) The commission and,
beginning January 1, 1997, the council 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.
Sec. 9. Minnesota Statutes 1994, section 121.707,
subdivision 7, is amended to read:
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 commission and,
beginning January 1, 1997, the council 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. 10. Minnesota Statutes 1994, section 121.708, is
amended to read:
121.708 [PRIORITY.]
The commission and, beginning January 1, 1997, the council
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. 11. Minnesota Statutes 1994, section 121.709, is
amended to read:
121.709 [MATCH REQUIREMENTS.]
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 benefits for each program participant.
Youthworks grant funds may also be used to supplement applicant
resources to fund postservice benefits for program participants.
Applicant resources, from sources and in a form determined by
the commission and, beginning January 1, 1997, the council, must
be used to provide for all other program operating costs,
including the portion of the applicant's obligation for
postservice benefits that is not covered by state or federal
grant funds and such costs as supplies, materials,
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 five percent of total program costs.
Sec. 12. Minnesota Statutes 1994, section 121.710, is
amended to read:
121.710 [EVALUATION AND REPORTING REQUIREMENTS.]
Subdivision 1. [GRANTEE ORGANIZATIONS.] Each grantee
organization shall report to the commission and, beginning
January 1, 1997, the council at the time and on the matters
requested by the commission and, beginning January 1, 1997, the
council.
Subd. 2. [INTERIM REPORT.] The commission and, beginning
January 1, 1997, the council shall report semiannually to the
legislature with interim recommendations to change the program.
Subd. 3. [FINAL REPORT.] The commission and, beginning
January 1, 1997, the council 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. 13. Minnesota Statutes 1994, section 121.885,
subdivision 1, is amended to read:
Subdivision 1. [SERVICE LEARNING SERVICE-LEARNING AND
WORK-BASED LEARNING PROGRAMS STUDY.] The Minnesota commission on
national and community service, established in section 121.703,
governor's workforce development council shall assist the
commissioner of education in studying how to combine community
service activities and service learning service-learning with
work-based learning programs.
Sec. 14. Minnesota Statutes 1994, section 121.885,
subdivision 4, is amended to read:
Subd. 4. [PROGRAMS FOLLOWING YOUTH COMMUNITY SERVICE.] (a)
The Minnesota commission on national and community
service established in section 121.703, in cooperation with the
governor's workforce development council, the commissioner and
the higher education coordinating board, shall provide for those
participants who successfully complete youth community service
under sections 121.703 121.704 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 post-secondary school under
paragraph (a).
(c) The Minnesota commission on national and community
service governor's workforce development council, in cooperation
with the state board of technical colleges board of trustees of
the Minnesota state colleges and universities, 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. 15. Minnesota Statutes 1994, section 121.912,
subdivision 1b, is amended to read:
Subd. 1b. [TRA AND FICA TRANSFER.] (a) Notwithstanding
subdivision 1, a district shall may transfer money from the
general fund to the community service fund for the employer
contributions for teacher retirement and FICA for employees who
are members of a teacher retirement association and who are paid
from the community service fund.
(b) A district shall not transfer money under paragraph (a)
for employees who are paid with money other than normal
operating funds, as defined in section 354.05, subdivision 27.
Sec. 16. [124.255] [SCHOOL ENRICHMENT PARTNERSHIP
PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The school enrichment
partnership program is established. The purpose of the program
is to encourage school districts to expand the involvement of
the private sector in the delivery of academic programs. The
program will provide matching state funds for those provided by
the private sector.
Subd. 2. [REVENUE ELIGIBILITY.] A school district or group
of school districts is eligible to receive state aid under this
program. Districts may enter into joint agreements to provide
programs or make expenditures under this section. The
limitations under this subdivision shall apply to these programs
or expenditures as if they were operated by a single district.
A district may receive $1 of state aid for each $2 raised from
the private sector. The private match must be in the form of
cash. Specific types of noncash support may be considered for
the private match. State aid is limited to the lesser of
$75,000 or $10 per pupil unit per district.
Subd. 3. [REVENUE MANAGEMENT.] The use of the state and
private funds provided under this section is under the general
control of the school board. The board may establish, without
using state funds or public employees, a separate foundation to
directly manage the funds. The private funds must be used to
acquire instructional or noninstructional academic materials of
a capital nature including, but not limited to, textbooks,
globes, maps, and other academic material. The funds may not be
used for salaries or other employee benefits.
Subd. 4. [PROCEDURES; REPORT.] The Minnesota academic
excellence foundation, under the direction of the commissioner
of education, shall establish application forms, guidelines,
procedures, and timelines for the distribution of state aid.
The commissioner may require reporting necessary to evaluate the
program. Measures of success will include numbers of
partnerships and funds raised; numbers of school foundations
formed; and demonstrated linkages of partnerships to improved
instructional delivery resulting in increased student learning.
Subd. 5. [RESULTS-ORIENTED CHARTER
SCHOOLS.] Notwithstanding section 124.248, subdivision 4,
paragraph (b), a results-oriented charter school is eligible to
participate in the program under this section as if it were a
school district.
Sec. 17. Minnesota Statutes 1994, section 124.261,
subdivision 1, is amended to read:
Subdivision 1. [AID ELIGIBILITY.] For fiscal year 1996,
adult high school graduation aid for eligible pupils age 21 or
over, equals 65 percent of the general education formula
allowance times 1.30 times the average daily membership under
section 124.17, subdivision 2e. For 1997 and later fiscal
years, adult high school graduation aid per eligible pupil
equals the amount established by the commissioner of education,
in consultation with the commissioner of finance, based on the
appropriation for this program. Adult high school graduation
aid must be paid in addition to any other aid to the district.
Pupils age 21 or over may not be counted by the district for any
purpose other than adult high school graduation aid.
Sec. 18. Minnesota Statutes 1994, section 124.2711,
subdivision 2a, is amended to read:
Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To
obtain early childhood family education revenue, a district may
levy an amount equal to the tax rate of .626 .609 percent times
the adjusted tax capacity of the district for the year preceding
the year the levy is certified. If the amount of the early
childhood family education levy would exceed the early childhood
family education revenue, the early childhood family education
levy shall equal the early childhood family education revenue.
Sec. 19. Minnesota Statutes 1994, section 124.2713,
subdivision 6, is amended to read:
Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community
education revenue, a district may levy the amount raised by a
tax rate of 1.13 1.1 percent for fiscal year 1995 and
thereafter, times the adjusted net tax capacity of the
district. If the amount of the community education levy would
exceed the community education revenue, the community education
levy shall be determined according to subdivision 6a.
Sec. 20. Minnesota Statutes 1994, section 124C.45,
subdivision 1, is amended to read:
Subdivision 1. [GOVERNANCE.] A school district may
establish an area learning center either by itself or in
cooperation with other districts, an ECSU, an intermediate
school district, a local education and employment transitions
partnership, public and private secondary and post-secondary
institutions, public agencies, businesses, and foundations.
Except for a district located in a city of the first class, a
center must serve the geographic area of at least two districts.
Sec. 21. Minnesota Statutes 1994, section 124C.46,
subdivision 2, is amended to read:
Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide
programs for secondary pupils and adults, giving priority to
serving persons between 16 and 21 years of age. Secondary
pupils to be served are those who are chemically dependent, not
likely to graduate from high school, need assistance in
vocational and basic skills, can benefit from employment
experiences, and need assistance in transition from school to
employment. Adults to be served are dislocated homemakers and
workers and others who need basic educational and social
services. In addition to offering programs, the center shall
coordinate the use of other available educational services,
social services, and post-secondary institutions in the
community. The center may also provide programs, including
work-based, service-learning, and applied learning opportunities
developed in collaboration with a local education and employment
transitions partnership, for elementary and secondary pupils who
are not attending the center to assist them in completing high
school.
Sec. 22. Minnesota Statutes 1994, section 124C.48,
subdivision 1, is amended to read:
Subdivision 1. [OUTSIDE SOURCES.] A center may accept:
(1) resources and services from post-secondary institutions
serving center pupils;
(2) resources from job training partnership act programs,
including funding for jobs skills training for various groups
and the percentage reserved for education;
(3) resources from the department of human services and
county welfare funding; or
(4) resources from a local education and employment
transitions partnership; or
(5) private resources, foundation grants, gifts, corporate
contributions, and other grants.
Sec. 23. Minnesota Statutes 1994, section 126B.01, is
amended to read:
126B.01 [PURPOSE EDUCATION AND EMPLOYMENT TRANSITIONS
SYSTEM.]
Subdivision 1. [PURPOSE GOALS.] To better prepare all
learners to make transitions between education and employment, a
comprehensive education and employment transitions system is
established to that is driven by multisector partnerships and
takes a lifelong approach to workforce development. The goals
of the statewide education and employment transitions system are:
(1) to improve the skills learners need to achieve greater
levels of self-sufficiency through education, training, and
work;
(2) assist individuals in planning their futures by
providing to improve work-related counseling and information
about career opportunities and vocational education programs
available to learners to facilitate workforce development;
(2) (3) to integrate opportunities for work-based learning,
including but not limited to occupation-specific apprenticeship
programs and community service programs, service-learning, and
other applied learning methods into the elementary, secondary,
and post-secondary curriculum and state and local graduation
standards;
(3) (4) to increase participation in employment
opportunities and demonstrate the relationship between education
and employment at the elementary, secondary, and post-secondary
education levels;
(5) to promote the efficient use of public and private
resources by coordinating elementary, secondary, and
post-secondary education with related government programs; and
(4) (6) to expand educational options available to students
all learners through collaborative efforts between secondary
institutions school districts, post-secondary
institutions, business, industry employers, organized
labor, workers, learners, parents, community-based
organizations, and other interested parties;
(7) to increase opportunities for women, minorities,
individuals with a disability, and at-risk learners to fully
participate in work-based learning;
(8) to establish performance standards for learners that
integrate state and local graduation standards and generally
recognized industry and occupational skill standards; and
(9) to provide support systems including a unified labor
market information system; a centralized quality assurance
system with information on learner achievement, employer
satisfaction, and measurable system outcomes; a statewide
marketing system to promote the importance of lifework
development; a comprehensive professional development system for
public and private sector partners; and a comprehensive system
for providing technical support to local partnerships for
education and employment transitions.
Subd. 2. [FUNDING.] Work-based learning programs
incorporating post-secondary instruction implemented under this
chapter shall provide for student funding according to section
123.3514.
Subd. 3. [GOVERNOR'S WORKFORCE DEVELOPMENT COUNCIL.] The
governor's workforce development council is responsible for
developing, implementing, and evaluating the statewide education
and employment transitions system and achieving the goals of the
system.
Subd. 4. [PARTNERSHIP GRANTS.] The council shall award
grants to implement local education and employment transition
systems to local education and employment transition
partnerships established under 126B.10. Grants under this
section may be used for the local education and employment
transitions system, youth apprenticeship and other work-based
learning programs, youth employer programs, youth
entrepreneurship programs, and other programs and purposes the
council determines fulfill the purposes of the education and
employment transitions system. The council shall evaluate grant
proposals on the basis of the elements required in the local
plan described in section 126B.10, subdivision 3. The council
shall develop and publicize the grant application process and
review and comment on the proposals submitted. Priority in
awarding grants must be given to local partnerships that include
multiple communities and a viable base of educational,
work-based learning, and employment opportunities.
Subd. 5. [ANNUAL REVIEW.] The council shall review the
activities of each local education and employment transitions
partnership annually to ensure that the local partnership is
adequately meeting the system standards under section 126B.10
and state quality assurance standards established as part of the
quality assurance system developed by the council. This
subdivision expires July 1, 1997.
Subd. 6. [REPORT.] The council shall annually publish a
report summarizing the data submitted by each local education
and employment transitions partnership. The report shall be
published no later than September 1 of the year following the
year in which the data was collected. This subdivision expires
July 1, 1997.
Sec. 24. Minnesota Statutes 1994, section 126B.03,
subdivision 2, is amended to read:
Subd. 2. [ACADEMIC INSTRUCTION AND WORK-RELATED LEARNING.]
(a) A Comprehensive youth apprenticeship program programs and
other work-based learning programs under the education and
employment transitions system must integrate academic
instruction and work-related learning in the classroom and at
the workplace. Schools, in collaboration with students'
learners' employers, must use competency-based measures to
evaluate students' learners' progress in the program. Students
Learners who successfully complete the program must receive
academic and occupational credentials from the participating
school.
(b) The academic instruction provided as part of a
comprehensive youth apprenticeship program must:
(1) meet applicable secondary and post-secondary education
requirements;
(2) enable the students to attain academic proficiency in
at least the areas of English, mathematics, history, science,
and geography; and
(3) where appropriate, modify existing secondary and
post-secondary curricula to accommodate the changing needs of
the workplace.
(c) Work-based learning provided as part of the program
must:
(1) supply students with knowledge, skills, and abilities
based on appropriate, nationally accepted standards in the
specific industries and occupations for which the students are
trained;
(2) offer students structured job training at the worksite,
including high quality supervised learning opportunities;
(3) foster interactive, team-based learning;
(4) encourage sound work habits and behaviors;
(5) develop workplace skills, including the ability to
manage resources, work productively with others, acquire and use
information, understand and master systems, and work with
technologies; and
(6) where feasible, offer students the opportunity to
participate in community service and service learning activities.
(d) Worksite learning and experience provided as part of
the program must:
(1) help youth apprentices achieve the program's academic
and work-based learning requirements;
(2) pay apprentices for their work; and
(3) assist employers to fulfill their commitment to youth
apprentices.
Sec. 25. Minnesota Statutes 1994, section 126B.03,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM COMPONENTS YOUTH APPRENTICESHIP
PROGRAMS.] (a) A comprehensive youth apprenticeship program must
require representatives of secondary and post-secondary school
systems, affected local businesses, industries, occupations and
labor, as well as the local community, to be actively and
collaboratively involved in advising and managing the
program and ensuring, in consultation.
(b) The entities participating in a program must consult
with local private industry councils, to ensure that the youth
apprenticeship program meets local labor market demands and,
provides student apprentices with the high skill training
necessary for career advancement, within an occupation.
(c) The program must meet meets applicable state education
graduation requirements and labor standards, pays apprentices
for their work and provide provides support services to program
participants, and accommodate the integrating of work-related
learning and academic instruction through flexible schedules for
students and teachers and appropriately modified curriculum.
(d) (b) Local employers, collaborating with labor
organizations where appropriate, must assist the program by
analyzing workplace needs, creating work-related curriculum,
employing and adequately paying youth apprentices engaged in
work-related learning in the workplace, training youth
apprentices to become skilled in an occupation, providing
student apprentices with a workplace mentor, periodically
informing the school of an apprentice's progress, and making a
reasonable effort to employ youth apprentices who successfully
complete the program.
(e) (c) A student participating in a comprehensive youth
apprenticeship program must sign a youth apprenticeship
agreement with participating entities that obligates youth
apprentices, their parents or guardians, employers, and schools
to meet program requirements; indicates how academic
instruction, work-based learning, and worksite learning and
experience will be integrated; ensures that successful youth
apprentices will receive a recognized credential of academic and
occupational proficiency; and establishes the wage rate and
other benefits for which youth apprentices are eligible while
employed during the program.
(f) (d) Secondary school principals or, counselors, or
business mentors familiar with the demonstration project
education to employment transitions system must inform entering
secondary school students about available occupational and
career opportunities and the option of entering a youth
apprenticeship program or other work-based learning program to
obtain post-secondary academic and occupational credentials.
Sec. 26. [126B.10] [EDUCATION AND EMPLOYMENT TRANSITIONS
PARTNERSHIPS.]
Subdivision 1. [LOCAL PARTNERSHIPS; ESTABLISHMENT.] Local
education and employment transitions partnerships may be
established to implement local education and employment
transitions systems. Local partnerships shall represent
multiple sectors in the community, including, at a minimum,
representatives of employers, primary and secondary education,
labor and professional organizations, workers, learners,
parents, community-based organizations, and to the extent
possible, post-secondary education.
Subd. 2. [BOARD.] A local education and employment
transitions partnership shall establish a governing board for
planning and implementing work-based and other applied learning
programs. The board shall consist of at least one
representative from each member of the education and employment
transitions partnership. A majority of the board must consist of
representatives of local or regional employers.
Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS
SYSTEMS.] A local education and employment transitions
partnership shall assess the needs of employers, employees, and
learners, and develop a plan for implementing and achieving the
objectives of a local or regional education and employment
transitions system. The plan shall provide for a comprehensive
local system for assisting learners and workers in making the
transition from school to work or for retraining in a new
vocational area. The objectives of a local education and
employment transitions system include:
(1) increasing the effectiveness of the educational
programs and curriculum of elementary, secondary, and
post-secondary schools and the work site in preparing students
in the skills and knowledge needed to be successful in the
workplace;
(2) implementing learner outcomes for students in grades
kindergarten through 12 designed to introduce the world of work
and to explore career opportunities, including nontraditional
career opportunities;
(3) eliminating barriers to providing effective integrated
applied learning, service-learning, or work-based curriculum;
(4) increasing opportunities to apply academic knowledge
and skills, including skills needed in the workplace, in local
settings which include the school, school-based enterprises,
post-secondary institutions, the workplace, and the community;
(5) increasing applied instruction in the attitudes and
skills essential for success in the workplace, including
cooperative working, leadership, problem-solving, and respect
for diversity;
(6) providing staff training for vocational guidance
counselors, teachers, and other appropriate staff in the
importance of preparing learners for the transition to work, and
in methods of providing instruction that incorporate applied
learning, work-based learning, and service learning experiences;
(7) identifying and enlisting local and regional employers
who can effectively provide work-based or service learning
opportunities, including, but not limited to, apprenticeships,
internships, and mentorships;
(8) recruiting community and workplace mentors including
peers, parents, employers and employed individuals from the
community, and employers of high school students;
(9) identifying current and emerging educational, training,
and employment needs of the area or region, especially within
industries with potential for job growth;
(10) improving the coordination and effectiveness of local
vocational and job training programs, including vocational
education, adult basic education, tech prep, apprenticeship,
service learning, youth entrepreneur, youth training and
employment programs administered by the commissioner of economic
security, and local job training programs under the Job Training
Partnership Act, United States Code, title 29, section 1501, et
seq.;
(11) identifying and applying for federal, state, local,
and private sources of funding for vocational or applied
learning programs;
(12) providing students with current information and
counseling about career opportunities, potential employment,
educational opportunities in post-secondary institutions,
workplaces, and the community, and the skills and knowledge
necessary to succeed;
(13) providing educational technology, including
interactive television networks and other distance learning
methods, to ensure access to a broad variety of work-based
learning opportunities;
(14) including students with disabilities in a district's
vocational or applied learning program and ways to serve at-risk
learners through collaboration with area learning centers under
sections 124C.45 to 124C.49, or other alternative programs; and
(15) providing a warranty to employers, post-secondary
education programs, and other post-secondary training programs,
that learners successfully completing a high school work-based
or applied learning program will be able to apply the knowledge
and work skills included in the program outcomes or graduation
requirements. The warranty shall require education and training
programs to continue to work with those learners that need
additional skill development until they can demonstrate
achievement of the program outcomes or graduation requirements.
Subd. 4. [ANNUAL REPORTS.] (a) A local education and
employment transitions partnership shall annually publish a
report and submit information to the council as required. The
report shall include information required by the council for the
statewide system performance assessment. The report shall be
available to the public in the communities served by the local
education and employment transitions partnership. The report
shall be published no later than September 1 of the year
following the year in which the data was collected.
Sec. 27. [MINNESOTA COMMISSION ON NATIONAL AND COMMUNITY
SERVICE; TRANSFER OF RESPONSIBILITY.]
If the governor's workforce development council meets
federal requirements for the commission on national and
community service, the duties of the Minnesota commission on
national and community service under Minnesota Statutes,
sections 121.703 to 121.710, shall transfer to the governor's
workforce development council on January 1, 1997. If, by that
date, the workforce development council does not meet federal
requirements, the Minnesota commission on national and community
service shall continue to perform the duties assigned to it.
Sec. 28. [YOUTH EMPLOYER GRANT PROGRAM.]
Subdivision 1. [YOUTH EMPLOYER GRANTS.] The governor's
workforce development council shall establish a pilot program
for improving the work-based learning experience of school-aged
youth who are employed. An employer, in partnership with a
local education and employment transitions partnership, may
apply for a youth employer grant to the governor's workforce
development council. The council shall determine application
procedures and criteria for approving grant awards.
Subd. 2. [GRANT APPLICATION.] A grant application shall
include a plan to meet the following goals:
(1) enhance the work experience of employed youth by
integrating appropriate academic and work skills components;
(2) develop an applied learning plan for each employed
youth that outlines the academic and work skills outcomes to be
achieved by the work-based learning experience and describes how
these outcomes apply toward attainment of high school graduation
requirements;
(3) provide training and support to the employer in
developing a work experience for meeting the goals of the
applied learning plan and for assessing student achievement; and
(4) evaluate the effectiveness of the work-based learning
program.
Subd. 3. [GRANT AWARDS.] The governor's workforce
development council may award youth employer grants to
applicants eligible under subdivision 1. Grant recipients
should be geographically distributed throughout the state.
Grant proceeds may be used for the costs of planning, materials,
and training. The school district, school, or post-secondary
education institution partner shall be the fiscal agent for the
grant.
Sec. 29. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
or other named fund to the department of education for the
fiscal years designated.
Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic
education aid according to Minnesota Statutes, sections 124.26
in fiscal year 1996 and 124.2601 in fiscal year 1997:
$8,374,000 ..... 1996
$8,374,000 ..... 1997
The 1996 appropriation includes $1,256,000 for 1995 and
$7,118,000 for 1996.
The 1997 appropriation includes $1,256,000 for 1996 and
$7,118,000 for 1997.
Up to $199,000 each year may be used for contracts with
private, nonprofit organizations for approved programs.
Subd. 3. [ADULTS WITH DISABILITIES PROGRAM AID.] For
adults with disabilities programs according to Minnesota
Statutes, section 124.2715:
$695,000 ..... 1996
$695,000 ..... 1997
Any balance in the first year does not cancel and is
available for the second year.
Of these amounts, $25,000 each year is to fund the Michael
Ehrlichmann memorial for the Minnesota Statewide Direct Services
Initiative, to provide training for: (1) direct service
providers, including staff working in vocational and residential
settings, paraprofessionals in education, and persons working in
other related settings; and (2) individuals with developmental
disabilities and their families. The commissioner must transmit
this amount to the Governor's developmental disabilities council.
Subd. 4. [ADULT GRADUATION AID.] For adult graduation aid:
$2,245,000 ..... 1996
$2,245,000 ..... 1997
The 1996 appropriation includes $336,000 for 1995 and
$1,909,000 for 1996.
The 1997 appropriation includes $336,000 for 1996 and
$1,909,000 for 1997.
Subd. 5. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with
funds received under Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), clause (4):
$514,000 ..... 1996
$514,000 ..... 1997
(b) These appropriations are from the alcohol-impaired
driver account of the special revenue fund. Any funds credited
for the department of education to the alcohol-impaired driver
account of the special revenue fund in excess of the amounts
appropriated in this subdivision are appropriated to the
department of education and available in fiscal year 1996 and
fiscal year 1997.
(c) Up to $226,000 each year may be used by the department
of education to contract for services to school districts
stressing the dangers of driving after consuming alcohol. No
more than five percent of this amount may be used for
administrative costs by the contract recipients.
(d) Up to $88,000 each year may be used for grants to
support student-centered programs to discourage driving after
consuming alcohol.
(e) Up to $200,000 and any additional funds each year may
be used for chemical abuse prevention grants.
Subd. 6. [COMMUNITY EDUCATION AID.] For community education
aid according to Minnesota Statutes, section 124.2713:
$2,826,000 ..... 1996
$2,574,000 ..... 1997
The 1996 appropriation includes $499,000 for 1995 and
$2,327,000 for 1996.
The 1997 appropriation includes $410,000 for 1996 and
$2,164,000 for 1997.
Subd. 7. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124.2711:
$14,224,000 ..... 1996
$13,832,000 ..... 1997
The 1996 appropriation includes $2,086,000 for 1995 and
$12,138,000 for 1996.
The 1997 appropriation includes $2,140,000 for 1996 and
$11,692,000 for 1997.
$10,000 each year may be spent for evaluation of early
childhood family education programs.
Subd. 8. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
GRANTS.] For local education and employment transitions program
grants:
$2,500,000 ..... 1996
$2,500,000 ..... 1997
$600,000 each year is for development of a labor-management
information system to support education to employment
transitions programs.
$575,000 each year is for youth apprenticeship program
grants. Youth apprenticeship program grants may only be awarded
to local education and employment transitions partnerships or to
a youth apprenticeship program that previously received a youth
apprenticeship demonstration program grant according to Laws
1993, chapter 335, section 7.
$1,000,000 each year is for local program grants, of which
$100,000 must be used for youth entrepreneurship grants under
Minnesota Statutes, section 116J.655, and $100,000 must be used
for youth employer grants under section 28.
$325,000 each year is for state-level activities, including
the governor's workforce development council.
Any unexpended balance remaining in the first year does not
cancel but is available in the second year.
Subd. 9. [EXTENDED DAY AID.] For extended day aid:
$381,000 ..... 1996
$374,000 ..... 1997
The 1996 appropriation includes $58,000 for 1995 and
$323,000 for 1996.
The 1997 appropriation includes $56,000 for 1996 and
$318,000 for 1997.
Subd. 10. [FAMILY COLLABORATIVES.] For family
collaboratives:
$6,000,000 ..... 1996
$6,000,000 ..... 1997
Of the appropriation, $150,000 each year is for grants
targeted to assist in providing collaborative children's library
service programs. To be eligible, a family collaborative grant
recipient must collaborate with at least one public library and
one children's 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.
No more than 2.5 percent of the appropriation is available
to the state to administer and evaluate the grant program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 11. [GED TESTS.] For payment of 60 percent of the
costs of GED tests:
$125,000 ..... 1996
$125,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 12. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For
health and developmental screening aid according to Minnesota
Statutes, sections 123.702 and 123.7045:
$1,550,000 ..... 1996
$1,550,000 ..... 1997
The 1996 appropriation includes $232,000 for 1995 and
$1,318,000 for 1996.
The 1997 appropriation includes $232,000 for 1996 and
$1,318,000 for 1997.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 13. [HEARING IMPAIRED ADULTS.] For programs for
hearing impaired adults according to Minnesota Statutes, section
121.201:
$70,000 ..... 1996
$70,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 14. [LEARNING READINESS PROGRAM REVENUE.] For
revenue for learning readiness programs:
$9,506,000 ..... 1996
$9,505,000 ..... 1997
The 1996 appropriation includes $1,424,000 for 1995 and
$8,082,000 for 1996.
The 1997 appropriation includes $1,425,000 for 1996 and
$8,080,000 for 1997.
$10,000 each year may be spent for evaluation of learning
readiness programs.
Subd. 15. [OMBUDSPERSONS.] For ombudspersons:
$33,000 ..... 1996
$33,000 ..... 1997
The appropriation is made to the office of ombudspersons
for families for purposes of funding the activities of the
ombudsperson authorized by Minnesota Statutes, sections 257.0755
to 257.0768. Any balance in the first year does not cancel but
is available in the second year.
Subd. 16. [VIOLENCE PREVENTION EDUCATION GRANTS.] For
violence prevention education grants:
$1,500,000 ..... 1996
$1,500,000 ..... 1997
Of the amount each year, $50,000 is for program
administration.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 17. [WAY TO GROW.] For grants for existing way to
grow programs according to Minnesota Statutes, section 121.835:
$475,000 ..... 1996
$475,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 18. [SCHOOL ENRICHMENT PARTNERSHIP PROGRAM.] For
school enrichment partnership program aid:
$500,000 ..... 1996
Any balance remaining in the first year does not cancel but
is available in the second year.
Subd. 19. [YOUTHWORKS.] For funding youthworks programs
according to Minnesota Statutes, sections 121.70 to 121.710:
$1,813,000 ..... 1996
$1,813,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 20. [YOUTHWORKS PROGRAM.] For implementing
youthworks programs:
$50,000 ..... 1996
$50,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Sec. 30. [REVISOR INSTRUCTIONS.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall change the title of Minnesota Statutes,
chapter 126B, from "YOUTH APPRENTICESHIP SYSTEM" to "EDUCATION
AND EMPLOYMENT TRANSITIONS SYSTEM."
In the next and subsequent editions of Minnesota Statutes
and Minnesota Rules, the revisor shall substitute the term
"workforce development council" for "governor's job training
council" wherever it appears in statutes and rules.
In the next and subsequent editions of Minnesota Statutes
and Minnesota Rules, the revisor shall change the term "service
learning" to "service-learning" wherever it appears in statutes
and rules.
Sec. 31. [REPEALER.]
(a) Minnesota Statutes 1994, sections 121.702, subdivision
9; and 121.703, are repealed.
(b) Minnesota Statutes 1994, sections 126B.02; 126B.03,
subdivision 1; 126B.04; and 126B.05, are repealed.
Sec. 32. [EFFECTIVE DATES.]
(a) Section 31, paragraph (a), is effective July 1, 1997,
if the governor's workforce development council meets all
federal requirements for the commission on national and
community service.
(b) Tax rate changes in sections 18 and 19 are effective
beginning with taxes payable in 1996.
ARTICLE 5
FACILITIES
Section 1. Minnesota Statutes 1994, section 124.14, is
amended by adding a subdivision to read:
Subd. 8. [HEALTH AND SAFETY AID TRANSFER.] The
commissioner of education, with the approval of the commissioner
of finance, annually may transfer an amount from the
appropriation for health and safety aid to the appropriation for
debt service aid for the same fiscal year. The amount of the
transfer equals the amount necessary to fund any shortage in the
debt service aid appropriation created by a data correction that
occurs between November 1 and June 30 of the preceding fiscal
year.
Sec. 2. Minnesota Statutes 1994, section 124.243,
subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE FACILITIES REVENUE.] (a) For
fiscal years 1994 and 1995, Capital expenditure facilities
previous formula revenue for a district equals $128 times its
actual pupil units for the school year.
(b) For fiscal years 1996 and later, capital expenditure
facilities revenue for a district equals $100 times the
district's maintenance cost index times its actual pupil units
for the school year.
(c) A district's capital expenditure facilities revenue for
a school year shall be reduced if the unreserved balance in the
capital expenditure facilities account on June 30 of the prior
school year exceeds $675 times the fund balance pupil units in
the prior year as defined in section 124A.26, subdivision 1. If
a district's capital expenditure facilities revenue is reduced,
the reduction equals the lesser of (1) the amount that the
unreserved balance in the capital expenditure facilities account
on June 30 of the prior year exceeds $675 times the fund balance
pupil units in the prior year, or (2) the capital expenditure
facilities revenue for that year.
(d) For 1996 and later fiscal years, the previous formula
revenue equals the amount of revenue computed for the district
according to section 124.243 for fiscal year 1995.
(e) (c) Notwithstanding paragraph (b), for fiscal year
1996, the revenue for each district equals 25 percent of the
amount determined in paragraph (b) plus 75 percent of the
previous formula revenue.
(f) (d) Notwithstanding paragraph (b), for fiscal year
1997, the revenue for each district equals 50 percent of the
amount determined in paragraph (b) plus 50 percent of the
previous formula revenue.
(g) (e) Notwithstanding paragraph (b), for fiscal year
1998, the revenue for each district equals 75 percent of the
amount determined in paragraph (b) plus 25 percent of the
previous formula revenue.
(h) (f) The revenue in paragraph (b) for a district that
operates a program under section 121.585, is increased by an
amount equal to $15 times the number of actual pupil units at
the site where the program is implemented.
Sec. 3. Minnesota Statutes 1994, section 124.244,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE AMOUNT.] (a) For fiscal year 1995,
the capital expenditure equipment revenue for each district
equals $66 times its actual pupil units for the school year.
(b) For fiscal years year 1996 and later, the capital
expenditure equipment revenue for each district equals $69 $75
times its actual pupil units for the school year.
(c) Of a district's capital expenditure equipment revenue,
$3 $8 times its actual pupil units for the school year shall be
reserved and used according to subdivision 4, paragraph (b).
Sec. 4. Minnesota Statutes 1994, 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.; and
(4) to pay personnel costs directly related to the
acquisition, operation, and maintenance of telecommunications
systems, computers, related equipment, and network and
applications software.
(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. 5. Minnesota Statutes 1994, section 124.2445, is
amended to read:
124.2445 [PURCHASE OF CERTAIN EQUIPMENT.]
The board of a school district may issue certificates of
indebtedness or capital notes subject to the school district
debt limits to purchase vehicles other than school buses,
computers, telephone systems, cable equipment, photocopy and
office equipment, technological equipment for instruction, and
other capital equipment having an expected useful life at least
as long as the terms of the certificates or notes. The
certificates or notes must be payable in not more than five
years and must be issued on the terms and in the manner
determined by the board. The certificates or notes may be
issued by resolution and without the requirement for an
election. The certificates or notes are general obligation
bonds for purposes of section 124.755. A tax levy must be made
for the payment of the principal and interest on the
certificates or notes, in accordance with section 475.61, as in
the case of bonds. That tax levy for each year must not exceed
the amount of the district's total operating capital expenditure
equipment levy under section 124.244 revenue for the year the
initial debt service levies are certified. The
district's capital expenditure levy under section
124.244 general education levy for each year must be reduced by
the amount of the tax levies for debt service certified for each
year for payment of the principal and interest on the
certificates or notes as required by section 475.61.
Sec. 6. Minnesota Statutes 1994, section 124.2455, is
amended to read:
124.2455 [BONDS FOR CERTAIN CAPITAL FACILITIES.]
(a) In addition to other bonding authority, with approval
of the commissioner, a school district may issue general
obligation bonds for certain capital projects under this
section. The bonds must be used only to make capital
improvements including:
(1) under section 124.243, subdivision 6, capital
expenditure facilities revenue uses specified in clauses (4),
(6), (7), (8), (9), and (10);
(2) the cost of energy modifications;
(3) improving handicap accessibility to school buildings;
and
(4) bringing school buildings into compliance with life and
safety codes and fire codes.
(b) Before a district issues bonds under this subdivision,
it must publish notice of the intended projects, the amount of
the bond issue, and the total amount of district indebtedness.
(c) A bond issue tentatively authorized by the board under
this subdivision becomes finally authorized unless a petition
signed by more than 15 percent of the registered voters of the
school district is filed with the school board within 30 days of
the board's adoption of a resolution stating the board's
intention to issue bonds. The percentage is to be determined
with reference to the number of registered voters in the school
district on the last day before the petition is filed with the
school board. The petition must call for a referendum on the
question of whether to issue the bonds for the projects under
this section. The approval of 50 percent plus one of those
voting on the question is required to pass a referendum
authorized by this section.
(d) The bonds may be issued in a principal amount, that
when combined with interest thereon, will be paid off with not
more than 50 percent of current and anticipated revenue for
capital facilities under this section or a successor section for
the current year plus projected revenue not greater than that of
the current year for the next ten years. Once finally
authorized, the district must set aside the lesser of the amount
necessary to make the principal and interest payments or 50
percent of the current year's revenue for capital facilities
under this section or a successor section each year in a
separate account until all principal and interest on the bonds
is paid. The district must annually transfer this amount from
its capital fund to the debt redemption fund. The bonds must be
paid off within ten years of issuance. The bonds must be issued
in compliance with chapter 475, except as otherwise provided in
this section.
(e) Notwithstanding paragraph (d), within the first five
years following voter approval of a combination according to
section 122.243, subdivision 2, bonds may be issued in a
principal amount, that when combined with interest thereon, will
be paid off with not more than 50 percent of current and
anticipated revenue for capital facilities under this section or
a successive section for the current year plus projected revenue
not greater than that of the current year for the next 20
years. All the other provisions and limitation of paragraph (d)
apply.
Sec. 7. Minnesota Statutes 1994, section 124.83,
subdivision 4, is amended to read:
Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and
safety revenue, a district may levy an amount equal to the
district's health and safety revenue as defined in subdivision 3
multiplied by the lesser of one, or the ratio of the quotient
derived by dividing the adjusted net tax capacity of the
district for the year preceding the year the levy is certified
by the actual pupil units in the district for the school year to
which the levy is attributable, to 50 percent of the equalizing
factor $4,707.50.
Sec. 8. Minnesota Statutes 1994, section 124.84,
subdivision 3, is amended to read:
Subd. 3. [LEVY AUTHORITY.] The district may levy up to
$300,000 under this section, as approved by the commissioner.
The approved amount may be levied over five eight or fewer years.
Sec. 9. Minnesota Statutes 1994, 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. 10. Minnesota Statutes 1994, section 124.95,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) The following portions of a
district's debt service levy qualify for debt service
equalization:
(1) debt service for repayment of principal and interest on
bonds issued before July 2, 1992;
(2) debt service for bonds refinanced after July 1, 1992,
if the bond schedule has been approved by the commissioner and,
if necessary, adjusted to reflect a 20-year maturity schedule;
and
(3) debt service for bonds issued after July 1, 1992, for
construction projects that have received a positive review and
comment according to section 121.15, if the commissioner has
determined that the district has met the criteria under section
124.431, subdivision 2, and if the bond schedule has been
approved by the commissioner and, if necessary, adjusted to
reflect a 20-year maturity schedule.
(b) The criterion in section 124.431, subdivision 2,
paragraph (a), clause (2), shall be considered to have been met
if the district in the fiscal year in which the bonds are
authorized at an election conducted under chapter 475:
(i) serves an average of at least 66 pupils per grade in
the grades to be served by the facility; or
(ii) is eligible for elementary or secondary sparsity
revenue.
(c) The criterion described in section 124.431, subdivision
2, paragraph (a), clause (9), does not apply to bonds authorized
by elections held before July 1, 1992.
(d) Districts identified in Laws 1990, chapter 562, article
11, section 8, do not need to meet the criteria of section
124.431, subdivision 2, to qualify.
Sec. 11. Minnesota Statutes 1994, 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 $4,707.50.
Sec. 12. Minnesota Statutes 1994, section 124.95,
subdivision 6, is amended to read:
Subd. 6. [DEBT SERVICE EQUALIZATION AID PAYMENT SCHEDULE.]
Debt service equalization aid must be paid as
follows: one-third 30 percent before September 15, one-third 30
percent before December 15, and one-third 25 percent before
March 15 of each year, and a final payment of 15 percent by July
15 of the subsequent fiscal year.
Sec. 13. Minnesota Statutes 1994, section 124.961, is
amended to read:
124.961 [DEBT SERVICE APPROPRIATION.]
(a) $17,000,000 in fiscal year 1994, $26,000,000 in fiscal
year 1995, and $31,600,000 $30,054,000 in fiscal year 1996,
$27,370,000 in fiscal year 1997, and $32,200,000 in fiscal year
1998 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 1998
appropriation includes $3,000,000 for 1993 and $14,000,000 for
1994 $4,830,000 for 1997 and $27,370,000 for 1998.
(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. 14. [ASKOV CAPITAL LOAN.]
The liability for the capital loan granted to independent
school district No. 588, Askov, in 1982, if not repaid at the
end of 30 years, is satisfied and discharged and interest on the
loan ceases.
Sec. 15. [ALTERNATIVE DEBT SERVICE PLAN.]
Notwithstanding the procedures for dealing with outstanding
debt in Minnesota Statutes, section 122.23, subdivision 16,
independent school district Nos. 789, Clarissa, and 790, Eagle
Bend, may develop an alternative plan for meeting debt service
for bonds outstanding at the time of reorganization. That plan
may provide for the obligation of paying bonds outstanding at
the time of reorganization to remain with the district that
originally issued the bonds except that the plan may provide for
independent school district No. 790, Eagle Bend, when its
outstanding debt is paid off, to continue making a debt levy and
contribute the proceeds of that levy towards the outstanding
debt of independent school district No. 789, Clarissa. This
debt plan must be approved by the commissioner of education as
in Minnesota Statutes, section 122.23, subdivision 6. Any
contributions toward the debt of independent school district No.
789, Clarissa, by independent school district No. 790, Eagle
Bend, under this section must not be considered in the
calculation of debt equalization aid for independent school
district Nos. 790, Eagle Bend, or 789, Clarissa.
Sec. 16. [ELIGIBILITY FOR DEBT SERVICE AID;
JANESVILLE-WALDORF-PEMBERTON.]
Notwithstanding Minnesota Statutes, section 124.95,
subdivision 2, independent school district No. 2835,
Janesville-Waldorf-Pemberton, meets the criterion of Minnesota
Statutes, section 124.431, subdivision 2, paragraph (a), clause
(2), if the district, in the year which the bonds are authorized
in an election conducted under Minnesota Statutes, chapter 475,
or in the prior fiscal year, serves at least 66 pupils per grade
in the grades to be served by the facility.
Sec. 17. [CAPITAL FACILITIES USE.]
Notwithstanding Minnesota Statutes, section 124.243,
subdivision 8, for fiscal year 1996 a district may use up to
one-third of its capital expenditure facilities revenue for
equipment uses under Minnesota Statutes, section 124.244.
Sec. 18. [LITCHFIELD LEASE LEVY.]
Notwithstanding the instructional purposes limitation of
Minnesota Statutes, section 124.91, subdivision 1, independent
school district No. 465, Litchfield, may apply to the
commissioner of education to make an additional capital levy
under Minnesota Statutes, section 124.91, subdivision 1, to rent
or lease a building or land for administrative purposes. The
levy may not exceed the amount necessary to obtain space similar
in size and quality to the office space already vacated for
instructional purposes.
Sec. 19. [JOINT ELEMENTARY FACILITY.]
Subdivision 1. [APPLICATION.] This section applies to
independent school district Nos. 622, North St.
Paul-Maplewood-Oakdale; 833, South Washington county; and 834,
Stillwater, and to the joint elementary facility to be operated
by the districts.
Subd. 2. [JOINT POWERS AGREEMENT.] Notwithstanding
Minnesota Statutes, section 123.35, subdivision 19a, the
districts may obligate themselves to participate in and to
provide financial support for a joint powers agreement to govern
the administration, financing, and operation of the joint
elementary facility during the period when the obligations
issued to finance the joint elementary facility remain
outstanding.
Subd. 3. [LEASING LEVY.] Notwithstanding any contrary
provision of Minnesota Statutes, section 124.91, each district
annually may levy the amount necessary to pay its proportionate
share of its obligations under the lease or a lease with option
to purchase agreement for the joint elementary facility during
the term of that agreement. The agreement is not required to
include a nonappropriation clause on the part of the districts.
An election is not required in connection with the execution of
the lease or lease with option to purchase agreement and the
obligation created by the agreement does not constitute debt and
must not be included in the calculation of net debt for any of
the districts.
Subd. 4. [FACILITY BELONGS TO EACH DISTRICT;
ENROLLMENT.] The joint elementary facility shall be considered a
facility of each of the three districts and students attending
the facility from the three districts shall be treated for all
purposes as resident pupils attending a school in their home
district.
Sec. 20. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [CAPITAL EXPENDITURE FACILITIES AID.] For capital
expenditure facilities aid according to Minnesota Statutes,
section 124.243, subdivision 5:
$76,552,000 ..... 1996
$11,530,000 ..... 1997
The 1996 appropriation includes $11,214,000 for 1995 and
$65,338,000 for 1996.
The 1997 appropriation includes $11,530,000 for 1996 and
$-0- for 1997.
Subd. 3. [EQUIPMENT AID.] For equipment aid according to
Minnesota Statutes, section 124.244, subdivision 3:
$44,024,000 ..... 1996
$ 6,748,000 ..... 1997
The 1996 appropriation includes $5,782,000 for 1995 and
$38,242,000 for 1996.
The 1997 appropriation includes $6,748,000 for 1996 and
$-0- for 1997.
Subd. 4. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 124.83, subdivision
5:
$14,725,000 ..... 1996
$11,760,000 ..... 1997
The 1996 appropriation includes $2,606,000 for 1995 and
$12,119,000 for 1996.
The 1997 appropriation includes $2,138,000 for 1996 and
$9,622,000 for 1997.
Subd. 5. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 124.95, subdivision 5:
$30,054,000 ..... 1996
$27,370,000 ..... 1997
The 1996 appropriation includes $30,054,000 for 1996.
The 1997 appropriation includes $27,370,000 for 1997. This
appropriation is 85 percent of the aid entitlement for 1997.
Subd. 6. [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:
$40,000 ..... 1996
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. The joint powers group must consult with independent
school district Nos. 324, Jackson; 177, Windom; and 518,
Worthington, and include facility needs and availability in
those districts in the group's planning.
Subd. 7. [PRESTON-FOUNTAIN; HARMONY DISTRICT.] For a grant
to the new school district comprised of independent school
district No. 233, Preston-Fountain, and independent school
district No. 228, Harmony:
$70,000 ..... 1996
This grant must be placed in the district's debt redemption
fund. The department must reduce the new district debt service
levy by this amount.
Subd. 8. [PROGRAM START-UP AND IMPLEMENTATION GRANT.] For
a grant to offset extraordinary program start-up and
implementation expenses incurred prior to the time the joint
facility in section 19 becomes operational:
$200,000 ..... 1996
This appropriation is available until June 30, 1997.
Sec. 21. [REPEALER.]
Laws 1991, chapter 265, article 5, section 23, as amended
by Laws 1992, chapter 499, article 5, section 25, is repealed
July 1, 1995.
ARTICLE 6
EDUCATION ORGANIZATION AND COOPERATION
Section 1. Minnesota Statutes 1994, section 121.912,
subdivision 6, is amended to read:
Subd. 6. [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.]
(a) A school district that has reorganized according to section
122.22, 122.23, or sections 122.241 to 122.248, or has conducted
a successful referendum on the question of combination under
section 122.243, subdivision 2, or consolidation under section
122.23, subdivision 13, or has been assigned an identification
number by the commissioner under section 122.23, subdivision 14,
may make permanent transfers between any of the funds in the
newly created or enlarged district with the exception of the
debt redemption fund, food service fund, and health and safety
account of the capital expenditure fund. Fund transfers under
this section may be made only for up to one year prior to the
effective date of combination or consolidation and during the
year following the effective date of reorganization.
(b) A district that has conducted a successful referendum
on the question of combination under section 122.243,
subdivision 2, may make permanent transfers between any of the
funds in the district with the exception of the debt redemption
fund, food service fund, and health and safety account of the
capital expenditure fund for up to one year prior to the
effective date of combination under sections 122.241 to 122.248.
Sec. 2. Minnesota Statutes 1994, section 122.21,
subdivision 4, is amended to read:
Subd. 4. Within six months of the time when the petition
was filed, the county board shall issue its order either
granting or denying the petition, unless all or part of the land
area described in the petition is included in a plat for
consolidation or combination which has been approved by the
state board commissioner of education in which event, no order
may be issued while consolidation or combination proceedings are
pending. No order shall be issued which results in attaching to
a district any territory not adjoining that district, as defined
in subdivision 1(a). No order shall be issued which reduces the
size of any district to less than four sections unless the
district is not operating a school within the district. The
order may be made effective at a deferred date not later than
July 1 next following its issuance. If the petition be granted,
the auditor shall transmit a certified copy to the
commissioner. Failure to issue an order within six months of
the filing of the petition or termination of proceedings upon an
approved consolidation plat, whichever is later, is a denial of
the petition.
Sec. 3. Minnesota Statutes 1994, section 122.895,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(a) "Teacher" means a teacher as defined in section 125.12,
subdivision 1, who is employed by a district or center listed in
subdivision 2, except that it does not include a superintendent.
(b) "Cooperative" means any district or center to which
this section applies.
(c) "Withdrawal" means a school district's removal of its
students from a program of instruction, counseling, or
evaluation provided by a cooperative in order to provide the
same educational services by other means.
(d) "Education support position" means a position not
requiring a teaching license in which an employee assists a
teacher by providing instructional, counseling, or evaluative
support services directly to students.
(e) "Education support employee" means an employee holding
an education support position.
Sec. 4. Minnesota Statutes 1994, section 122.895,
subdivision 8, is amended to read:
Subd. 8. [NONLICENSED EMPLOYEES UPON DISSOLUTION.] (a) A
nonlicensed employee who is terminated by a cooperative that
dissolves shall be appointed by a district that is a member of
the dissolved cooperative to a position that is created within
12 36 months of the dissolution of the cooperative and is
created as a result of the dissolution of the cooperative. A
position shall be offered to a nonlicensed employee, who
fulfills the qualifications for that position, in order of the
employee's seniority within the dissolved cooperative.
(b) When an education support employee is terminated by a
cooperative that dissolves, a district that is a member of the
dissolved cooperative shall appoint the employee to an education
support position if the position is created within 36 months of
the dissolution of the cooperative as a result of the
dissolution. An education support position shall be offered to
an education support employee, who fulfills the qualifications
for that position, in order of the employee's seniority within
the dissolved cooperative.
(c) An employee appointed according to this subdivision
shall receive credit for the employee's:
(1) continuous years of service with the cooperative on the
appointing district's compensation schedule and seniority list;
and
(2) unused sick leave accumulated while employed by the
cooperative.
(d) Notwithstanding section 179A.12 or Minnesota Rules,
part 5510.0510, subparts 1 to 4, a representation petition
seeking the exclusive representation of a unit of education
support employees employed by a district formerly a member of a
dissolved cooperative may be considered by the commissioner of
the bureau of mediation services at any time within 11 months of
the dissolution of the cooperative.
Sec. 5. Minnesota Statutes 1994, section 122.895,
subdivision 9, is amended to read:
Subd. 9. [NONLICENSED EMPLOYEES UPON WITHDRAWAL.] (a) A
nonlicensed employee of a cooperative whose position active
employment is discontinued or reduced as a result of the
withdrawal of a member district from the cooperative shall be
appointed by the withdrawing member district to a position that
is created within 12 36 months of the withdrawal and is created
as a result of the withdrawal of the member district. A
position shall be offered to a nonlicensed employee, who
fulfills the qualifications for that position, in order of the
employee's seniority within the cooperative from which a member
district withdraws.
(b) When an education support employee of a cooperative has
active employment discontinued or reduced as a result of the
withdrawal of a member district from the cooperative, the
withdrawing member district shall appoint the employee to an
education support position if the position is created within 36
months of the withdrawal as a result of the withdrawal of the
member district. An education support position shall be offered
to an education support employee, who meets the qualifications
for that position, in order of the employee's seniority within
the cooperative from which a member district withdraws.
(c) An employee appointed according to this subdivision
shall receive credit for the employee's:
(1) continuous years of service with the cooperative on the
appointing district's compensation schedule and seniority list;
and
(2) unused sick leave accumulated while employed by the
cooperative.
(d) Notwithstanding section 179A.12 or Minnesota Rules,
part 5510.0510, subparts 1 to 4, a representation petition
seeking the exclusive representation of a unit of education
support employees employed by a member district which has
withdrawn from a cooperative may be considered by the
commissioner of the bureau of mediation services at any time
within 11 months of the district's withdrawal from the
cooperative.
Sec. 6. Minnesota Statutes 1994, section 124.2725,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A school district is
eligible for cooperation and combination revenue if it has a
plan approved by the commissioner according to section
122.243 and it levied under subdivision 3 for taxes payable in
1995.
Sec. 7. Minnesota Statutes 1994, section 124.2725,
subdivision 3, is amended to read:
Subd. 3. [COOPERATION AND COMBINATION LEVY.] To obtain
cooperation and combination revenue, a district may levy an
amount equal to the cooperation and combination revenue
multiplied by the lesser of one or the following ratio:
(1) the quotient derived by dividing the adjusted net tax
capacity for the district in the year preceding the year the
levy is certified by the actual pupil units in the district for
the year to which the levy is attributable, to
(2) the percentage, amount specified in subdivision 4, of
the equalizing factor for the school year to which the levy is
attributable.
Sec. 8. Minnesota Statutes 1994, section 124.2725,
subdivision 4, is amended to read:
Subd. 4. [INCREASING LEVY.] (a) For districts that did not
enter into an agreement under section 122.541 at least three
years before the date of a successful referendum held under
section 122.243, subdivision 2, and that combine without
cooperating, the percentage amount in subdivision 3, clause (2),
shall be:
(1) 50 percent $4,707.50 for the first year of combination;
and
(2) 25 percent $2,353.75 for the second year of combination.
(b) For districts that entered into an agreement under
section 122.541 at least three years before the date of a
successful referendum held under section 122.243, subdivision 2,
and combine without cooperating, the percentages in subdivision
3, clause (2), shall be:
(1) 100 percent $9,415 for the first year of combination;
(2) 75 percent $7,061.25 for the second year of
combination;
(3) 50 percent $4,707.50 for the third year of combination;
and
(4) 25 percent $2,353.75 for the fourth year of combination.
(c) For districts that combine after one year of
cooperation, the percentage in subdivision 3, clause (2), shall
be:
(1) 100 percent $9,415 for the first year of cooperation;
(2) 75 percent $7,061.25 for the first year of combination;
(3) 50 percent $4,707.50 for the second year of
combination; and
(4) 25 percent $2,353.75 for the third year of combination.
(d) For districts that combine after two years of
cooperation, the percentage in subdivision 3, clause (2), shall
be:
(1) 100 percent $9,415 for the first year of cooperation;
(2) 75 percent $7,061.25 for the second year of
cooperation;
(3) 50 percent $4,707.50 for the first year of combination;
and
(4) 25 percent $2,353.75 for the second year of combination.
Sec. 9. Minnesota Statutes 1994, section 124.2725,
subdivision 15, is amended to read:
Subd. 15. [RETIREMENT AND SEVERANCE LEVY.] A cooperating
or combined district that levied under subdivision 3 for taxes
payable in 1995 may levy for severance pay or early retirement
incentives for licensed and nonlicensed employees who retire
early as a result of the cooperation or combination.
Sec. 10. Minnesota Statutes 1994, section 124.2726,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY AND USE.] A school district
that has been reorganized after June 30, 1994, 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 must be used
for the following purposes and may be distributed among these
purposes at the discretion of the district:
(1) to offer early retirement incentives as provided by
section 122.23, subdivision 20;
(2) to reduce operating debt as defined in section 121.915;
(3) to enhance learning opportunities for students in the
reorganized district; and
(4) for other costs incurred in the reorganization.
Revenue received and utilized under clause (3) or (4) may
be expended for operating, facilities, and/or equipment.
Revenue received under this section shall not be included in the
determination of the reduction under section 124A.26,
subdivision 1.
Sec. 11. Minnesota Statutes 1994, section 124.2726,
subdivision 2, is amended to read:
Subd. 2. [AID.] (a) 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 for
districts consolidating July 1, 1994, and 1,500 for districts
consolidating July 1, 1995, and thereafter.
(b) If the total appropriation for consolidation transition
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 first pay the districts in the first year
following the year of consolidation the full amount of aid
earned and distribute any remaining funds to the newly created
districts in the first year of consolidation.
Sec. 12. Minnesota Statutes 1994, section 124.2726,
subdivision 4, is amended to read:
Subd. 4. [NEW DISTRICTS.] If a district consolidates with
another district that has received consolidation transition
aid under 124.2725 or 124.2726 within six years of the effective
date of the new consolidation, only the pupil units in the
district or districts not previously reorganized shall be
counted for aid purposes under subdivision 2. If two or more
districts consolidate and both all 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. 13. Minnesota Statutes 1994, section 124.2728,
subdivision 1, is amended to read:
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.
Sec. 14. [LAC QUI PARLE VALLEY JOINT DISTRICT.]
Subdivision 1. [FUND TRANSFER.] Notwithstanding Minnesota
Statutes, section 121.912, or any other law to the contrary,
independent school district No. 377, Madison, may transfer
$1,000,000 from its capital expenditure fund to the trust and
agency fund of joint powers school district No. 6011, Lac qui
Parle Valley.
Subd. 2. [BALLOT ISSUES.] Notwithstanding Minnesota
Statutes, sections 122.531 and 124A.03, the referendum held in
the member districts of joint school district No. 6011, Lac qui
Parle Valley, may, as part of the ballot question to approve the
plan to combine the districts, include a reference to the
referendum revenue amount that will result in not more than $315
per pupil unit of revenue in the combined district.
Subd. 3. [LEVY REDUCTION.] Beginning with taxes certified
in 2004 payable in 2005, the tax levy on the property that was
in independent school district No. 2153,
Madison-Marietta-Nassau, on June 30, 1996, is reduced by
$100,000 per year for a ten-year period. In each fiscal year
for which this levy that would have been attributed, the amounts
necessary to make up for the levy reduction are transferred from
the trust and agency fund of the successor district to joint
district No. 6011, Lac qui Parle Valley, to the appropriate
funds as necessary to replace the levy reduction. Any funds
remaining in the trust and agency fund as a result of the
transfer authorized in subdivision 1 after the ten-year period
are transferred to the capital expenditure fund or its successor
fund of the district.
Subd. 4. [REORGANIZATION OPERATING DEBT LEVY.] Independent
school district No. 128, Milan, and its successor district may
certify the levy for reorganization operating debt authorized in
Minnesota Statutes, section 122.531, subdivision 4a, beginning
in the year of a successful vote to combine. The levy must be
certified according to Minnesota Statutes, section 122.531,
subdivision 4a, paragraph (a), clause (1), except that the levy
may be certified over less than five years. The reorganization
operating debt levy is reduced by the amount of any state grant
for the same purpose.
Sec. 15. [LAKE PARK-AUDUBON CONSOLIDATION PROVISION.]
Notwithstanding Minnesota Statutes, sections 122.23 and
205A.12, independent school district No. 21, Audubon, and
independent school district No. 24, Lake Park, as part of an
agreement to consolidate according to section 122.23, may agree
to provide for two multimember election districts, with each
district entitled to elect three members of the board of the
consolidated district. This section applies until it is
necessary to take action for the first election using census
data from the year 2000.
Sec. 16. [HACA ALLOCATION; EAST CENTRAL.]
Independent school district No. 2580, East Central, may, by
school board resolution, reallocate any portion of its homestead
and agricultural credit aid attributable to the levies in the
debt redemption fund to the debt service levies spread
separately upon the tax bases of former independent school
district Nos. 566, Askov, and 576, Sandstone.
Sec. 17. [PILOT ENHANCED PAIRING AGREEMENT.]
Subdivision 1. [AGREEMENT.] Notwithstanding any law to the
contrary, any two or more of the boards of independent school
district Nos. 648, Danube, 654, Renville, 655, Sacred Heart, and
631, Belview, may enter into an enhanced pairing agreement
providing for the discontinuance of one or more grades, or
portions of those grades, and for the instruction of those
grades in another district that is subject to the agreement.
The agreement, and all subsequent amendments, if any, shall be
filed with the commissioner of education.
Subd. 2. [SINGLE BOARD.] The districts shall provide in
the enhanced pairing agreement that the governance of the
districts will be by the combined membership of the separate
boards acting as a single board for purposes of quorum and
passing resolutions. A quorum must include a minimum of one
member from each of the separate boards. The membership of the
separate boards may be reduced to five members in a manner
consistent with Minnesota Statutes, section 123.33, subdivision
1. The actions reserved for the separate boards shall be
ratification of amendments to the agreement, serving a notice of
withdrawal from the agreement, and other items reserved for the
separate boards as defined in the agreement.
Subd. 3. [PERSONNEL.] The districts subject to the
enhanced pairing agreement must have one exclusive bargaining
representative, one master contract, and a combined seniority
list. The teachers and other employees of the districts will be
employees of the single board established by the agreement
unless specifically excluded in the agreement. If the agreement
dissolves or a board withdraws from the agreement, the affected
employees shall be provided for in a manner consistent with
Minnesota Statutes, section 122.895.
Subd. 4. [FINANCIAL.] (a) Fiscal operations shall be
merged under the enhanced pairing agreement, and the single
board shall be the fiscal agent to meet reporting requirements.
The department of education shall assign a single identification
number to apply to the districts subject to the agreement.
Levies shall be made jointly except for levies under Minnesota
Statutes, sections 124A.03 and 124.97. Districts subject to the
agreement shall be considered a single independent school
district for purposes of fees or dues assessments.
(b) Title to all the unattached property and all cash
reserves of any district subject to the enhanced pairing
agreement shall become the property of the single board unless
otherwise provided for in the agreement. All legally valid and
enforceable claims and contract obligations pass to the single
board. For purposes of litigation, the districts subject to the
agreement may be recognized singly or jointly. If the agreement
dissolves or a board withdraws from the agreement, the
commissioner shall divide assets and liabilities of the single
board proportionately based on the weighted average daily
membership over the last three years.
Subd. 5. [NOTICE AND HEARING.] Prior to entering into an
enhanced pairing agreement, the school board shall consult with
the community at an informational meeting. The board shall
publish notice of the meeting in the official newspaper of the
district.
Sec. 18. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
or other named fund to the department of education for the
fiscal years designated.
Subd. 2. [CAPITAL FACILITY GRANTS FOR COOPERATION AND
COMBINATION.] For competitive grants under Minnesota Statutes,
section 124C.60:
$ 408,000 ..... 1996
$ -0- ..... 1997
Subd. 3. [SPECIAL CONSOLIDATION AID.] For special
consolidation aid under Minnesota Statutes, section 124.2728:
$ 75,000 ..... 1996
$ 40,000 ..... 1997
The 1996 appropriation includes $12,000 for 1995 and
$63,000 for 1996.
The 1997 appropriation includes $9,000 for 1996 and $31,000
for 1997.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [MILAN REORGANIZATION OPERATING DEBT.] For a
grant to independent school district No. 128, Milan, to retire
operating debt:
$ 36,000 ..... 1996
$ 36,000 ..... 1997
Subd. 5. [CONSOLIDATION TRANSITION AID.] For districts
consolidating under Minnesota Statutes, section 124.2726:
$ 991,000 ..... 1996
$1,153,000 ..... 1997
The 1996 appropriation includes $75,000 for 1995 and
$916,000 for 1996.
The 1997 appropriation includes $162,000 for 1996 and
$991,000 for 1997.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 6. [COOPERATION AND COMBINATION AID.] For aid for
districts that cooperate and combine according to Minnesota
Statutes, section 124.2725:
$3,393,000 ..... 1996
$2,044,000 ..... 1997
The 1996 appropriation includes $542,000 for 1995 and
$2,851,000 for 1996.
The 1997 appropriation includes $503,000 for 1996 and
$1,541,000 for 1997.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [DISTRICT COOPERATION REVENUE.] For district
cooperation revenue aid:
$13,485,000 ..... 1996
$12,143,000 ..... 1997
The 1996 appropriation includes $2,115,000 for 1995 and
$11,370,000 for 1996.
The 1997 appropriation includes $2,006,000 for 1996 and
$10,137,000 for 1997.
Sec. 19. [EFFECTIVE DATE.]
Sections 3 to 5, and 14, subdivision 2, are effective the
day following final enactment. Section 14, subdivision 1, is
effective retroactive to January 1, 1989. Section 14,
subdivisions 3 and 4, and section 18, subdivision 4, are
effective following the successful vote to consolidate effective
July 1, 1996, by all the members of joint district No. 6011, Lac
qui Parle Valley.
ARTICLE 7
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 1994, 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 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. When fully
implemented, the requirements for high school graduation in
Minnesota, including both basic requirements and the required
profile of learning, shall include a broad range of academic
experience and accomplishment necessary to achieve the goal of
preparing students to function effectively as purposeful
thinkers, effective communicators, self-directed learners,
productive group participants, and responsible citizens.
(d) The state board shall periodically review and report on
the assessment process and student achievement with the
expectation of raising the standards and 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 1994, section 123.3514,
subdivision 4d, is amended to read:
Subd. 4d. [ENROLLMENT PRIORITY.] A post-secondary
institution shall give priority to its post-secondary students
when enrolling 11th and 12th grade pupils in its courses for
secondary credit. A post-secondary institution may provide
information about its programs to a secondary school or to a
pupil or parent, but it may not advertise or otherwise recruit
or solicit the participation on financial grounds, secondary
pupils to enroll in its programs. An institution shall not
enroll secondary pupils, for post-secondary enrollment options
purposes, in remedial, developmental, or other courses that are
not college level. Once a pupil has been enrolled in a
post-secondary course under this section, the pupil shall not be
displaced by another student.
Sec. 3. [PSEO STUDY.]
The legislative audit commission is asked to request that
the office of the legislative auditor conduct a study of the
post-secondary enrollment options program under Minnesota
Statutes, section 123.3514, including an assessment of the
number of students participating, their demographic
characteristics, the types of courses being taken, the fiscal
impact of the program, program compliance, and whether the
program is responsive to parents, students, and teacher input.
Sec. 4. [YEAR-ROUND SCHOOL/EXTENDED WEEK OR DAY PILOT
PROGRAMS.]
Subdivision 1. [ESTABLISHMENT.] An extended school
year/week/day pilot program is established to increase student
achievement, skills, and self-confidence through the flexible
use of learning time by implementing multitrack year-round
school or extending the standard school week or day. Year-round
school/extended week or day pilot program grants shall be
available to independent school district Nos. 911, Cambridge;
624, White Bear Lake; 625, St. Paul; 833, South Washington
county; and two rural school districts selected by the
commissioner of education.
Subd. 2. [APPLICATION; EVALUATION.] (a) To participate in
the pilot program, a district shall submit an application to the
commissioner of education in the form and manner prescribed by
the commissioner. The application shall include a plan for
developing and implementing multitrack year-round school or an
extended learning time program that provides the following:
(1) more time for student learning;
(2) more varied resources to meet student learning styles;
(3) learning opportunities that typically are not available
in the regular student day;
(4) home, school, and community involvement, support, and
communication;
(5) preprogram and postprogram student evaluations; and
(6) more efficient use of facilities and other resources.
Subd. 3. [YEAR-ROUND SCHOOL/EXTENDED SCHOOL WEEK OR DAY
PILOT PROGRAM GRANTS.] Year-round school/extended week or day
pilot program grants may be used for planning, flexible
staffing, transportation, technology necessary to implement the
multitrack year-round school or extended learning time program,
or to install or improve heating, ventilation, and air
conditioning systems in existing buildings to accommodate
year-round use of the buildings. Grant proceeds may also be
used for deferred maintenance approved by the commissioner.
Funds used for capital improvements shall be deposited in the
appropriate fund.
Sec. 5. [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. [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.] For the state advanced placement and
international baccalaureate programs, including training
programs, support programs, and examination fee subsidies:
$875,000 ..... 1996
$875,000 ..... 1997
Of this amount $200,000 each year is for training and
support programs under Minnesota Statutes, section 126.239, and
the balance is for examination fee subsidies. Notwithstanding
Minnesota Statutes, section 126.239, subdivision 3, in each
year, the commissioner shall pay the fee for one advanced
placement or international baccalaureate examination for the
first examination each student takes. The commissioner shall
pay 50 percent of the fee for each additional examination 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 examinations.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [SCHOOL RESTRUCTURING GRANTS.] For school
restructuring:
$300,000 ..... 1996
$300,000 ..... 1997
This appropriation is for a grant to a nonstate
organization to develop systemic site decision-making models and
implement systemic site decision-making in school districts.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [YEAR-ROUND SCHOOL/EXTENDED WEEK OR DAY PILOT
PROGRAM GRANTS.] For year-round school/extended week or day
pilot program grants:
$1,800,000 ..... 1996
$500,000 is for a grant to independent school district No.
624, White Bear Lake.
$500,000 is for a grant to independent school district No.
833, South Washington county.
$100,000 is for a grant to independent school district No.
911, Cambridge.
$300,000 is for a grant to independent school district No.
625, St. Paul.
$400,000 is for grants to two rural school districts
selected by the commissioner of education.
This appropriation is available until June 30, 1997.
Sec. 6. [REPEALER.]
Minnesota Statutes 1994, section 125.138, subdivisions 6,
7, 8, 9, 10, and 11; is repealed.
Laws 1992, chapter 499, article 7, section 27, is repealed.
ARTICLE 8
OTHER EDUCATION PROGRAMS
Section 1. [124.177] [PSEO REPLACEMENT AID.]
Subdivision 1. [ELIGIBILITY.] A school district that meets
the following criteria is eligible for PSEO replacement aid:
(1) the number of pupils or portions of pupils in average
daily membership using the post-secondary enrollment options
program exceeds four percent of the district's enrollment in
grades 11 and 12;
(2) the enrollment in average daily membership in the
district is less in the current year than it was five years
previous; and
(3) the district is adjacent to at least two districts that
are eligible for elementary or secondary sparsity revenue.
Subd. 2. [AID AMOUNT.] PSEO replacement aid equals:
(1) the number of pupils or portions of pupils in average
daily membership using the post-secondary enrollment options
program for the portion of time not attending the school
district, minus
(2) the number of pupils in average daily membership in
grades 11 and 12 in the district multiplied by four percent,
multiplied by
(3) the secondary pupil weighting of 1.3, multiplied by
(4) the basic formula allowance for the fiscal year.
The PSEO replacement aid is not less than zero.
Sec. 2. Minnesota Statutes 1994, 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 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 received
general education aid according to that section for the second
preceding year, 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 received transportation aid according to section
124.225 for the second preceding year;
(iii) section 124.243, if the district receives received
capital expenditure facilities aid according to that section for
the second preceding year;
(iv) section 124.244, if the district receives received
capital expenditure equipment aid according to that section for
the second preceding year;
(v) section 124.83, if the district receives received
health and safety aid according to that section for the second
preceding year;
(vi) sections 124.2713, 124.2714, and 124.2715, if the
district receives received aid for community education programs
according to any of those sections for the second preceding
year;
(vii) section 124.2711, subdivision 2a, if the district
receives received early childhood family education aid according
to section 124.2711 for the second preceding year;
(viii) section 124.321, subdivision 3, if the district
receives received special education levy equalization aid
according to that section for the second preceding year;
(ix) section 124A.03, subdivision 1g, if the district
receives received referendum equalization aid according to that
section for the second preceding year; and
(x) section 124A.22, subdivision 4a, if the district
receives received training and experience aid according to that
section for the second preceding year;
(b) to the total amount of the district's certified levy in
the preceding October, plus or minus auditor's adjustments.
Sec. 3. Minnesota Statutes 1994, section 124.214,
subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX INCREMENT.] If a return of excess tax
increment is made to a school district pursuant to section
469.176, subdivision 2, or upon decertification of a tax
increment district, the school district's aid and levy
limitations must be adjusted for the fiscal year in which the
excess tax increment is paid under the provisions of this
subdivision.
(a) An amount must be subtracted from the school district's
aid for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to
the school district, times
(2) the ratio of:
(A) the sum of the amounts of the school district's
certified levy for the fiscal year in which the excess tax
increment is paid according to the following:
(i) section 124A.23, if the district receives received
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 for the second preceding year;
(ii) section 124.226, subdivisions 1 and 4, if the school
district receives received transportation aid according to
section 124.225 for the second preceding year;
(iii) section 124.243, if the district receives received
capital expenditure facilities aid according to that section for
the second preceding year;
(iv) section 124.244, if the district receives received
capital expenditure equipment aid according to that section for
the second preceding year;
(v) section 124.83, if the district receives received
health and safety aid according to that section for the second
preceding year;
(vi) sections 124.2713, 124.2714, and 124.2715, if the
district receives received aid for community education programs
according to any of those sections for the second preceding
year;
(vii) section 124.2711, subdivision 2a, if the district
receives received early childhood family education aid according
to section 124.2711 for the second preceding year;
(viii) section 124.321, subdivision 3, if the district
receives received special education levy equalization aid
according to that section for the second preceding year;
(ix) section 124A.03, subdivision 1g, if the district
receives received referendum equalization aid according to that
section for the second preceding year; and
(x) section 124A.22, subdivision 4a, if the district
receives received training and experience aid according to that
section for the second preceding year;
(B) to the total amount of the school district's certified
levy for the fiscal year, plus or minus auditor's adjustments.
(b) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the
difference between:
(1) the amount of the distribution of excess increment, and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district shall use the payment of excess tax increment to
replace the aid and levy revenue reduced under this subdivision.
This subdivision applies only to the total amount of excess
increments received by a school district for a calendar year
that exceeds $25,000.
Sec. 4. Minnesota Statutes 1994, section 124.248, is
amended to read:
124.248 [REVENUE FOR AN OUTCOME-BASED A RESULTS-ORIENTED
CHARTER SCHOOL.]
Subdivision 1. [GENERAL EDUCATION REVENUE.] General
education revenue shall be paid to an outcome-based a charter
school as though it were a school district. The general
education revenue for each pupil unit is the state average
general education revenue per pupil unit, calculated without
compensatory revenue, plus compensatory revenue as though the
school were a school district.
Subd. 1a. [TRANSPORTATION REVENUE.] Transportation revenue
shall be paid to a charter school that provides transportation
services according to section 120.064, subdivision 15, as though
it were a school district. Transportation aid shall equal
transportation revenue.
(a) For the first two years that a charter school is
providing transportation services, the regular transportation
allowance for the charter school shall be equal to the regular
transportation allowance for the school district in which the
charter school is located. For the third year of transportation
services and later fiscal years, the predicted base cost for the
charter school shall be equal to the predicted base cost for the
school district in which the charter school is located.
(b) For the first two years that a charter school is
providing transportation services, the nonregular transportation
revenue equals the charter school's actual cost in the current
school year for nonregular transportation services, minus the
amount of regular transportation revenue attributable to FTE's
in the handicapped category in the current school year. For the
third year of transportation services and later fiscal years,
the nonregular transportation revenue shall be computed
according to section 124.225, subdivision 7d, paragraph (b).
Subd. 2. [CAPITAL EXPENDITURE EQUIPMENT REVENUE.] Capital
expenditure equipment aid shall be paid to an outcome-based a
charter school according to section 124.245, subdivision 6, as
though it were a school district.
Capital expenditure equipment aid shall equal capital
expenditure equipment revenue. Notwithstanding section 124.244,
subdivision 4, an outcome-based a charter school may use the
revenue for any purpose related to the school.
Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH
PROFICIENCY AID.] Special education aid shall be paid to an
outcome-based a charter school according to section 124.32 as
though it were a school district. The charter school may charge
tuition to the district of residence as provided in section
120.17, subdivision 4. Limited English proficiency programs aid
shall be paid to a charter school according to section 124.273
as though it were a school district. The outcome-based charter
school shall allocate its special education levy equalization
revenue to the resident districts of the pupils attending
the outcome-based charter school as though it were a
cooperative, as provided in section 124.321, subdivision 2,
paragraph (a), clause clauses (1) and (3). The districts of
residence shall levy as though they were participating in a
cooperative, as provided in section 124.321, subdivision 3.
Subd. 4. [OTHER AID, GRANTS, REVENUE.] (a) An
outcome-based A charter 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 a charter 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 a charter 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 A charter 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.
Subd. 5. [USE OF STATE MONEY.] Money received from the
state may not be used to purchase land or buildings. The school
may own land and buildings if obtained through nonstate sources.
Sec. 5. Minnesota Statutes 1994, section 124.916,
subdivision 2, is amended to read:
Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.] For taxes
payable in 1994 and 1995 1996, 1997, 1998, and 1999 only, a
school district may levy an amount up to the amount the district
is required by the collective bargaining agreement in effect on
March 30, 1992, to pay for health insurance or unreimbursed
medical expenses for licensed and nonlicensed employees who have
terminated services in the employing district and withdrawn from
active teaching service or other active service, as applicable,
before July 1, 1992. The total amount of the levy each year may
not exceed $300,000.
Notwithstanding section 121.904, 50 percent of the proceeds
of this levy shall be recognized in the fiscal year in which it
is certified.
Sec. 6. Minnesota Statutes 1994, section 125.12,
subdivision 3, is amended to read:
Subd. 3. [PROBATIONARY PERIOD.] The first three
consecutive years of a teacher's first teaching experience in
Minnesota in a single school district shall be deemed to be a
probationary period of employment, and after completion thereof,
the probationary period in each school district in which the
teacher is thereafter employed shall be one year. The school
site management team, or the school board if there is no school
site management team, shall adopt a plan for written evaluation
of teachers during the probationary period according to
subdivision 3a or 3b. Evaluation by the peer review committee
charged with evaluating probationary teachers under subdivision
3a shall occur at least three times each year for a teacher
performing services on 120 or more school days, at least two
times each year for a teacher performing services on 60 to 119
school days, and at least one time each year for a teacher
performing services on fewer than 60 school days. Days devoted
to parent-teacher conferences, teachers' workshops, and other
staff development opportunities and days on which a teacher is
absent from school shall not be included in determining the
number of school days on which a teacher performs services.
During the probationary period any annual contract with any
teacher may or may not be renewed as the school board, after
consulting with the peer review committee charged with
evaluating probationary teachers under subdivision 3a, shall see
fit; provided, however, that the school board shall give any
such teacher whose contract it declines to renew for the
following school year written notice to that effect before June
1. If the teacher requests reasons for any nonrenewal of a
teaching contract, the school board shall give the teacher its
reason in writing, including a statement that appropriate
supervision was furnished describing the nature and the extent
of such supervision furnished the teacher during the employment
by the board, within ten days after receiving such request. The
school board may, after a hearing held upon due notice,
discharge a teacher during the probationary period for cause,
effective immediately, under section 123.35, subdivision 5.
Sec. 7. Minnesota Statutes 1994, section 125.623,
subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The commissioner of education in
consultation with the multicultural advisory committee
established in section 126.82 desegregation/integration advisory
board established in section 121.1601, subdivision 3, shall
award grants for professional development programs to recruit
and educate people of color in the field of education, including
early childhood and parent education. Grant applicants must be
a school district with a growing minority population working in
collaboration with a state institution of higher education with
an approved teacher licensure program or an approved early
childhood or parent education licensure program.
Sec. 8. Minnesota Statutes 1994, 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 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. 9. Minnesota Statutes 1994, section 126.70, is
amended to read:
126.70 [STAFF DEVELOPMENT PROGRAM.]
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 plans under this
section. The board must establish a staff development committee
to develop the plan, advise a assist site decision-making team
about teams in developing a site plan consistent with the goals
of the plan, and evaluate staff development efforts at the site
level. A majority of the advisory committee must be teachers
representing various grade levels, subject areas, and special
education. The advisory committee must also include nonteaching
staff, parents, and administrators. Districts shall report
staff development results and expenditures to the commissioner
in the form and manner determined by the commissioner. The
expenditure report shall include expenditures by the school
board for district level activities and expenditures made by the
staff. The commissioner shall report the staff development
expenditure data to the education committees of the legislature
by February 15 each year.
Subd. 2. [CONTENTS OF THE PLAN.] The plan must include
education the staff development outcomes under subdivision 2a,
the means to achieve the outcomes, and procedures for evaluating
progress at each school site toward meeting education outcomes.
Subd. 2a. [STAFF DEVELOPMENT OUTCOMES.] (a) The staff
development committee shall adopt a staff development plan for
improving student achievement of education outcomes. The plan
must be consistent with education outcomes that the school board
determines. The plan shall include activities that enhance
staff skills for achieving the following outcomes The plan shall
include on-going staff development activities that contribute
toward continuous improvement in achievement of the following
goals:
(1) foster readiness for learning for all pupils improve
student achievement of state and local education standards in
all areas of the curriculum;
(2) increase pupils' educational progress by using
appropriate outcomes and personal learning goals and by
encouraging pupils and their parents to assume responsibility
for their education effectively meet the needs of a diverse
student population, including at-risk children, children with
disabilities, and gifted children, within the regular classroom
and other settings;
(3) meet pupils' individual needs by using alternative
instructional opportunities, accommodations, modifications,
after-school child care programs, and family and community
resources provide an inclusive curriculum for a racially,
ethnically, and culturally diverse student population that is
consistent with the state education diversity rule and the
district's education diversity plan;
(4) effectively meet the needs of children with
disabilities within the regular classroom 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 improve staff ability to
collaborate and consult with one another and to resolve
conflicts;
(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) 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. effectively teach and model
violence prevention policy and curriculum that address issues of
harassment and teach nonviolent alternatives for conflict
resolution; and
(6) provide teachers and other members of site-based
management teams with appropriate management and financial
management skills.
Sec. 10. Minnesota Statutes 1994, section 128B.08, is
amended to read:
128B.08 [REPORTS TO LEGISLATURE.]
Before December 1 January 15 of each odd-numbered year, the
council must submit a report to the legislature on the school
established by this chapter. The report must document the
success or failure of the school.
Sec. 11. Minnesota Statutes 1994, section 128B.10,
subdivision 1, is amended to read:
Subdivision 1. [EXTENSION.] This chapter is repealed July
1, 1995 1997.
Sec. 12. [145.9256] [MN ENABL, MINNESOTA EDUCATION NOW AND
BABIES LATER.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of the
department of education, in consultation and cooperation with a
representative from Minnesota planning and the commissioner of
the department of health, shall continue the Minnesota education
now and babies later (MN ENABL) program, targeted to adolescents
ages 12 to 14, with the goal of reducing the incidence of
adolescent pregnancy in the state. The program must provide a
multifaceted, primary prevention, community health promotion
approach to educating and supporting adolescents in the decision
to postpone sexual involvement modeled after the ENABL program
in California.
Subd. 1a. [DEFINITION.] "Community-based local contractor"
or "contractor" includes boards of health under section 145A.02,
nonprofit organizations, or school districts. The
community-based local contractors may provide the education
component of MN ENABL in a variety of settings including, but
not limited to, schools, religious establishments, local
community centers, and youth camps.
Subd. 2. [DUTIES OF THE COMMISSIONER OF THE DEPARTMENT OF
EDUCATION.] The commissioner shall:
(1) manage the grant process, including awarding and
monitoring grants to community-based local contractors, and may
contract with community-based local contractors that can
demonstrate at least a 50 percent local match and agree to
participate in the four MN ENABL program components under
subdivision 3;
(2) provide technical assistance to the community-based
local contractors as necessary under subdivision 3;
(3) develop and implement the evaluation component, and
provide centralized coordination at the state level of the
evaluation process; and
(4) explore and pursue the federal funding possibilities
and specifically request funding from the United States
Department of Health and Human Services to supplement the
development and implementation of the program.
Subd. 3. [PROGRAM COMPONENTS.] The program must include
the following four major components.
(a) A community organization component in which the
community-based local contractors shall include:
(1) use of a postponing sexual involvement education
curriculum targeted to boys and girls ages 12 to 14 in schools
and/or community settings;
(2) planning and implementation of community organization
strategies to convey and reinforce the MN ENABL message of
postponing sexual involvement, including activities promoting
awareness and involvement of parents and other primary
caregivers/significant adults, schools, and community; and
(3) development of local media linkages.
(b) A statewide, comprehensive media and public relations
campaign to promote changes in sexual attitudes and behaviors,
and reinforce the message of postponing adolescent sexual
involvement.
In developing the campaign, the commissioner of education
shall coordinate and consult with representatives from ethnic
and local communities to maximize effectiveness of the social
marketing approach to health promotion among the culturally
diverse population of the state. The development and
implementation of the campaign is subject to input and approval
by the commissioner of health.
The local community-based contractors shall collaborate and
coordinate efforts with other community organizations and
interested persons to provide school and community-wide
promotional activities that support and reinforce the message of
the MN ENABL curriculum.
(c) An evaluation component which evaluates the process and
the impact of the program.
The "process evaluation" must provide information to the
state on the breadth and scope of the program. The evaluation
must identify program areas that might need modification and
identify local MN ENABL contractor strategies and procedures
which are particularly effective. Contractors must keep
complete records on the demographics of clients served, number
of direct education sessions delivered, and other appropriate
statistics, and must document exactly how the program was
implemented. The commissioner may select contractor sites for
more in-depth case studies.
The "impact evaluation" must provide information to the
state on the impact of the different components of the MN ENABL
program and an assessment of the impact of the program on
adolescent's related sexual knowledge, attitudes, and
risk-taking behavior.
(d) A training component to provide comprehensive training
to the local MN ENABL community-based local contractors and the
direct education program staff.
The local community-based contractors may use adolescent
leaders slightly older than the adolescents in the program to
impart the message to postpone sexual involvement provided:
(1) the contractor follows a protocol for adult
mentors/leaders and older adolescent leaders established by the
commissioner of education;
(2) the older adolescent leader is accompanied by an adult
leader; and
(3) the contractor uses the curriculum as directed and
required by the commissioner of the department of health to
implement this part of the program. The commissioner of health
shall provide technical assistance to community-based local
contractors.
Sec. 13. Laws 1965, chapter 705, section 1, subdivision 3,
is amended to read:
Subd. 3. [CONTRACTS FOR SERVICES.] The converted district
shall may contract with the city of Saint Paul for such
facilities as are furnished by the civil service bureau, and,
unless the board and city governing body each adopt a resolution
declaring that a particular function would be most more
efficiently and effectively handled separately, the board shall
contract on a pro rata cost basis with the city for such
facilities and services as are provided by the purchasing
department, comptroller, legal department, and election and
other services supplied by the city, provided, however, that the
board may contract for other legal services when the interests
of the district and the city are in conflict in any legal
matter, and provided further that the board may contract for
architectural services for the planning and construction of new
school buildings when funds have been made available for their
construction of such school buildings.
Sec. 14. Laws 1965, chapter 705, section 1, subdivision 4,
is amended to read:
Subd. 4. As of July 1, 1965, the organization, operation,
maintenance and conduct of the affairs of the converted district
shall be governed by general laws relating to independent
districts, except as otherwise provided in Extra Session Laws
1959, Chapter 71, as amended, and all special laws and charter
provisions relating only to the converted district are
repealed. Where an existing pension law is applicable to
employees of the special district such law shall continue to be
applicable in the same manner and to the same extent to
employees of the converted district. General laws applicable to
independent school districts wholly or partly within cities of
the first class shall not be applicable to the converted
district. The provision of the statutes applicable only to
teachers retirement fund associations in cities of the first
class, limiting the amount of annuity to be paid from public
funds, limiting the taxes to be levied to carry out the plan of
such associations, and limiting the amount of annuities to be
paid to beneficiaries, all as contained in Minnesota Statutes,
Section 135.24, shall not be applicable to such converted
district, but the statutes applicable to such special district
prior to the conversion shall continue to be applicable and the
pension plan in operation prior to the conversion shall continue
in operation until changed in accordance with law, and the
teacher tenure law applicable to the special district shall
continue to apply to the converted district in the same manner
and to the same extent to teachers in the converted district;
provided further, where existing civil service provisions of any
law or charter are applicable to special district employees,
such provision shall may continue to be applicable in the same
manner and to the same extent to employees of the converted
district, unless the board and city governing body each adopt a
resolution declaring that civil service bureau (city human
resources department) functions would be more efficiently and
effectively administered separately in each jurisdiction.
Notwithstanding any contrary provision of Extra Session Laws
1959, Chapter 71, as amended, if there was in the special
district a teachers retirement fund association operating and
existing under the provisions of Laws 1909, Chapter 343, and all
acts amendatory thereof, then such teachers retirement fund
association shall continue to exist and operate in the converted
district under and to be subject to the provisions of Laws 1909,
Chapter 343, and all acts amendatory thereof, to the same extent
and in the same manner as before the conversion, and, without
limiting the generality of the foregoing, such teachers
retirement fund association shall continue, after the conversion
as before the conversion, to certify to the same authorities the
amount necessary to raise by taxation in order to carry out its
retirement plan, and it shall continue, after the conversion as
before the conversion, to be the duty of said authorities to
include in the tax levy for the ensuing year a tax in addition
to all other taxes sufficient to produce so much of the sums so
certified as said authorities shall approve, and such teachers
retirement fund association shall not be subject after the
conversion to any limitation on payments to any beneficiary from
public funds or on taxes to be levied to carry out the plan of
such association to which it was not subject before the
conversion.
Sec. 15. 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 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.
(e) Minnesota Rules, parts 3510.0100; 3510.0200; 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; 3510.8500; 3510.8600; 3510.8700; 3510.9000;
3510.9100; 3517.0100; and 3517.0120, are repealed.
Sec. 16. Laws 1993, chapter 224, article 12, section 41,
is amended to read:
Sec. 41. [EFFECTIVE DATE.]
Sections 22 to 25 are effective July 1, 1995.
Section 32, paragraph (b), is effective July 1, 1995.
Section 32, paragraph (c), is effective August 1, 1996.
Section 39, paragraph (b), is effective August 1, 1994.
Section 39, paragraph (c), is effective July 1, 1995. Section
39, paragraph (d), is effective August 1, 1996. Section 39,
paragraph (e), is effective July 1, 1996.
Sec. 17. Laws 1994, chapter 647, article 7, section 15, is
amended to read:
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, the state American
Indian education committee, shall decide whether or not to
include in the curriculum for preparing all beginning elementary
and social studies teachers a study of anthropology that
encompasses a study of the indigenous people of the midwest, and
a study of the history of the indigenous people that encompasses
a study of the Minnesota area in precolonial times through the
twentieth century, government, and culture of Minnesota based
American Indian tribes.
(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,
government, and culture.
Sec. 18. [RETIREMENT INCENTIVE.]
(a) For the 1995-1996 and 1996-1997 school years only, a
school board may offer early retirement incentives to licensed
and nonlicensed staff of the school district who are under the
age of 65. The early retirement incentive that the board may
offer is the employer payment of the premiums for continued
health insurance coverage under paragraph (b). This incentive
may only be offered to employees who agree to terminate active
employment with the school district. The board must determine
the staff to whom the incentive is offered. Unilateral
implementation of this section by a school board is not an
unfair labor practice under Minnesota Statutes, chapter 179A.
(b) The board may offer a former employee who is at least
age 50 continued employer-paid individual or dependent health
insurance coverage. To be eligible for employer-paid health
insurance under this section, the former employee must agree not
to return to work in any capacity for the district that will
provide the insurance coverage or any other district, except as
a substitute teacher. Coverage may not extend beyond the age of
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 section, "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. The amount of the payment
under this section shall be as agreed between the employee and
the school board.
Sec. 19. [PPST TASK FORCE.]
The board of teaching shall convene a task force to
consider authentic and qualitative assessments for teachers and
alternative processes by which the skills examination
requirement under Minnesota Statutes, section 125.05,
subdivision 1a, might be met for persons who fail the
examination. The board shall present their recommendations to
the education committees of the legislature by February 15, 1996.
Sec. 20. [SARTELL CAPITAL LOAN.]
Notwithstanding any law to the contrary, the board of
independent school district No. 748, Sartell, may, by
resolution, raise the level of indebtedness of the district by
an amount equal to the outstanding capital loan on June 30,
1995. This indebtedness may only be used to refund the loan.
This does not constitute an impairment of any obligations issued
by the district prior to the enactment of this act.
Sec. 21. [UNRECOVERED RAILROAD AID.]
Unrecovered railroad aid payments pursuant to Laws 1984,
chapter 502, article 9, section 5, shall be adjusted from the
school district's aid in fiscal year 1997. If the aid reduction
required by this section cannot be made to the aid for fiscal
year 1997, the reduction must be made from aid for subsequent
fiscal years.
Sec. 22. [FUND TRANSFERS.]
Subdivision 1. [CONDITIONS.] (a) A district that transfers
revenue from a health and safety account or a disabled access
account may not, at a later date, receive health and safety
revenue or disabled access revenue for the same project as the
project for which the transferred revenue was received. The
transfer request must identify the project that generated the
balance to be transferred.
(b) Disabled access revenue that is transferred according
to this section is included in the district's disabled access
revenue limit established in Minnesota Statutes, section 124.84,
subdivision 3.
(c) Amounts transferred from the health and safety account
according to this section shall be considered to be approved
health and safety expenditures for the purpose of computing a
district's health and safety revenue according to Minnesota
Statutes, section 124.83, subdivision 3.
(d) A district that transfers funds from its bus purchase
account according to this section may not certify a bus purchase
levy according to Minnesota Statutes, section 124.226,
subdivision 6, for the next three years following the transfer.
(e) Fund transfers authorized in this section that involve
transferring funds in a disabled access account or a health and
safety account may be made by the district only after the
commissioner has approved the five-year facilities plan that the
district is required to prepare according to Minnesota Statutes,
section 124.243, subdivision 1.
Subd. 2. [PELICAN RAPIDS.] Notwithstanding Minnesota
Statutes, sections 121.912 and 121.9121, on June 30, 1995,
independent school district No. 548, Pelican Rapids, may
permanently transfer an amount not to exceed $200,000 from its
general fund to its capital expenditure fund.
Subd. 3. [PINE RIVER-BACKUS.] Notwithstanding Minnesota
Statutes, sections 121.912 and 121.9121, on June 30, 1995,
independent school district No.2174, Pine River-Backus, may
permanently transfer an amount not to exceed $200,000 from its
general fund to its capital expenditure fund.
Subd. 4. [DETROIT LAKES.] Notwithstanding Minnesota
Statutes, sections 121.912 and 121.9121, on June 30, 1995,
independent school district No. 22, Detroit Lakes, may
permanently transfer an amount not to exceed $325,000 from its
general fund to its capital expenditure fund for acquiring
computers and related technology needs.
Subd. 5. [ST. CLOUD.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, each year for fiscal years 1996,
1997, 1998, and 1999, independent school district No. 742, St.
Cloud, may permanently transfer up to $500,000 of referendum
revenue received under Minnesota Statutes, section 124A.03, from
its general fund to its capital expenditure fund for purchasing
technology for instructional use.
Subd. 6. [LITTLE FALLS.] Notwithstanding Minnesota
Statutes, sections 121.912 and 121.9121, each year for fiscal
years 1996 through 2005, independent school district No. 482,
Little Falls, may permanently transfer up to $233 per actual
pupil unit of referendum revenue received under Minnesota
Statutes, section 124A.03, from its general fund to its capital
expenditure fund.
Subd. 7. [MILACA.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, each year for fiscal years 1996
through 2005, independent school district No. 912, Milaca, may
permanently transfer up to $200 per actual pupil unit of
referendum revenue received under Minnesota Statutes, section
124A.03, from its general fund to its capital expenditure fund
for technology.
Subd. 8. [RUSH CITY.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 139, Rush City, may permanently transfer up
to $100,000 from its transportation fund to its capital
expenditure fund.
Subd. 9. [MENTOR.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 604, Mentor, may permanently transfer up to
$160,000 from the facilities account in its capital expenditure
fund to its general fund.
Subd. 10. [GRANADA-HUNTLEY-EAST CHAIN.] Notwithstanding
Minnesota Statutes, sections 121.912 and 121.9121, on June 30,
1995, independent school district No. 2536, Granada-Huntley-East
Chain, may permanently transfer up to $100,000 from the
facilities and equipment accounts in its capital expenditure
fund to its general fund.
Subd. 11. [CHATFIELD.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 277, Chatfield, may permanently transfer up
to $50,000 from the facilities account to the equipment account
in its capital expenditure fund.
Subd. 12. [MEDFORD.] Notwithstanding Minnesota Statutes,
sections 121.912, 121.9121, and 123.36, subdivision 13,
independent school district No. 763, Medford, may deposit the
proceeds from a sale of approximately nine acres of land
adjacent to and east of its football/baseball complex in Medford
into its general fund.
Subd. 13. [EAST GRAND FORKS.] Notwithstanding Minnesota
Statutes, section 124.243, subdivision 6, clause (2), in fiscal
years 1995 and 1996, independent school district No. 595, East
Grand Forks, may use up to $1,400,000 in capital expenditure
facilities revenue to acquire and construct buildings for school
purposes.
Subd. 14. [BYRON.] Notwithstanding Minnesota Statutes,
section 121.912, subdivision 1, if independent school district
No. 531, Byron, discontinues operation of its bus fleet, or a
portion of the fleet, and transfers the account balance from the
transportation fund, the district may spread the required levy
reduction for capital levies according to Minnesota Statutes,
sections 124.243, 124.244 and 124.83, over a five-year period
beginning with 1995 levies payable in 1996.
Subd. 15. [SWANVILLE.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 486, Swanville, may permanently transfer up
to $100,000 from the bus purchase account to its general fund
without making a levy reduction.
Subd. 16. [TRUMAN.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 458, Truman, may permanently transfer up to
$77,000 from the bus purchase account in its transportation fund
to its general fund without making a levy reduction.
Subd. 17. [MONTEVIDEO.] Notwithstanding Minnesota
Statutes, sections 121.912 and 121.9121, on June 30, 1995,
independent school district No. 129, Montevideo, may permanently
transfer up to $100,000 from the bus purchase account in its
transportation fund to its general fund without making a levy
reduction.
Subd. 18. [EDINA.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 273, Edina, may permanently transfer up to
$482,432 from the bus purchase account to the undesignated fund
balance account in its transportation fund.
Subd. 19. [GARY.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, independent school district No.
523, Gary, may permanently transfer the balance in its bonded
indebtedness fund and the disabled access account in its capital
expenditure fund to the general fund of the successor school
district of independent school district Nos. 526, Twin Valley,
and 523, Gary.
Subd. 20. [TWIN VALLEY.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, 124.243, subdivision 8,
independent school district No. 526, Twin Valley, may
permanently transfer the balances in its health and safety
account and its disabled access account in the capital
expenditure fund to the general fund of the successor school
district of independent school district Nos. 526, Twin Valley,
and 523, Gary.
Subd. 21. [FISHER.] Notwithstanding Minnesota Statutes,
section 124.83, subdivision 6, or 124.84, independent school
district No. 600, Fisher, may use capital expenditure health and
safety revenue or disabled access revenue, or both, to purchase
portable classrooms. Any proceeds from the sale of portable
classrooms purchased with the revenue shall be placed in the
appropriate account in the capital expenditure fund and used to
adjust revenue in that account.
Subd. 22. [NEW PRAGUE.] Notwithstanding Minnesota
Statutes, section 121.912, on June 30, 1995, independent school
district No. 721, New Prague, may permanently transfer up to
$70,000 from its general fund to its capital expenditure fund.
Subd. 23. [GLENCOE.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 422, Glencoe, may permanently transfer up to
$125,000 from its debt redemption fund to its capital
expenditure fund without making a levy reduction.
Subd. 24. [PIPESTONE.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1995, independent
school district No. 583, Pipestone, may permanently transfer up
to $190,000 from its debt redemption fund to its capital
expenditure fund without making a levy reduction.
Subd. 25. [HERMAN-NORCROSS.] Notwithstanding Minnesota
Statutes, sections 121.912 and 121.9121, on June 30, 1995,
independent school district No. 264, Herman-Norcross, may
permanently transfer up to $73,000 from the bus purchase account
to the general fund without making a levy reduction.
Sec. 23. [GOODRIDGE HEALTH AND SAFETY REVENUE USE.]
Notwithstanding Minnesota Statutes, section 124.83,
subdivision 6, independent school district No. 561, Goodridge,
may use capital health and safety revenue to purchase portable
classrooms. Any proceeds from the subsequent sale of portable
classrooms purchased with health and safety revenue shall be
placed in the district's health and safety account in the
capital fund and shall be used to adjust health and safety
revenue.
Sec. 24. [ADULT BASIC EDUCATION LICENSE.]
Notwithstanding other law or rule, the board of teaching
must continue to make available an adult basic education license
for teachers of adult basic education.
Sec. 25. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums in this
section are appropriated, unless otherwise indicated, from the
general fund to the department of education for the fiscal years
designated.
Subd. 2. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 124.214:
$24,241,000 ..... 1996
$ 7,905,000 ..... 1997
The 1996 appropriation includes $1,135,000 for 1995 and
$23,106,000 for 1996.
The 1997 appropriation includes $4,077,000 for 1996 and
$3,828,000 for 1997.
Subd. 3. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123.79
and 123.931 to 123.947:
$ 9,686,000 ..... 1996
$ 9,686,000 ..... 1997
The 1996 appropriation includes $1,452,000 for 1995 and
$8,234,000 for 1996.
The 1997 appropriation includes $1,452,000 for 1996 and
$8,234,000 for 1997.
Subd. 4. [SCHOOL LUNCH AND FOOD STORAGE AID.] (a) For
school lunch aid according to Minnesota Statutes, section
124.646, and Code of Federal Regulations, title 7, section
210.17, and for food storage and transportation costs for United
States Department of Agriculture donated commodities; and for a
temporary transfer to the commodity processing revolving fund to
provide cash flow to permit schools and other recipients of
donated commodities to take advantage of volume processing rates
and for school milk aid according to Minnesota Statutes, section
124.648:
$7,204,000 ..... 1996
$7,254,000 ..... 1997
(b) Any unexpended balance remaining from the
appropriations in this subdivision shall be prorated among
participating schools based on the number of free, reduced, and
fully paid federally reimbursable student lunches served during
that school year.
(c) If the appropriation amount attributable to either year
is insufficient, the rate of payment for each fully paid student
lunch shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year.
(d) Any temporary transfer processed in accordance with
this subdivision to the commodity processing fund will be
returned by June 30 in each year so that school lunch aid and
food storage costs can be fully paid as scheduled.
(e) Not more than $800,000 of the amount appropriated each
year may be used for school milk aid.
Subd. 5. [SUMMER FOOD SERVICE.] For summer food service:
$15,000 ..... 1996
$15,000 ..... 1997
Subd. 6. [SCHOOL BREAKFAST.] To operate the school
breakfast program:
$419,000 ..... 1996
$456,000 ..... 1997
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each fully paid 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.
Up to one percent of the program funding can be used by the
department of education for technical and administrative
assistance.
Subd. 7. [PILOT BREAKFAST GRANTS.] For grants for free
breakfast to elementary school children which began under Laws
1994, chapter 647, article 8, section 35:
$104,000 ..... 1996
$ 88,000 ..... 1997
$18,000 in 1996 is for evaluation of the program.
Any balance in the first year does not cancel but is
available in the second year.
These grants must be made to independent school districts
No. 271, Bloomington, for the Oak Grove elementary school; 378,
Dawson-Boyd, for the elementary school; 402, Hendricks, and 403,
Ivanhoe, for the elementary school; and special school district
No. 1, Minneapolis, for the Hans Christian Anderson elementary
school.
The department is encouraged to solicit private funds to
continue the two additional pilot sites added in December 1994.
Subd. 8. [MAGNET SCHOOL GRANTS.] For magnet school and
program grants:
$1,500,000 ..... 1996
$1,500,000 ..... 1997
These amounts must be used for planning and developing
magnet schools and magnet programs.
Subd. 9. [INTEGRATION PROGRAMS.] For grants according to:
minority fellowship grants according to Laws 1994, chapter 647,
article 8, section 29; minority teacher incentives according to
Minnesota Statutes, section 124.278; teachers of color grants
according to Minnesota Statutes, section 125.623; and cultural
exchange grants according to Minnesota Statutes, section 126.43:
$1,000,000 ..... 1996
$1,000,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
In awarding teacher of color grants, priority must be given
to districts that have students who are currently in the process
of completing their academic program.
Subd. 10. [TEACHER EDUCATION IMPROVEMENT.] For board of
teaching responsibilities relating to teacher licensure
restructuring and implementation of the teaching residency
program:
$450,000 ..... 1996
$450,000 ..... 1997
The department must transmit this appropriation to the
board of teaching. Any balance in the first year does not
cancel but is available in the second year.
The board of teaching shall use the funds for further
development of the results-oriented teacher licensure system,
for pilot site grants and other methods of implementing the
teacher residency program, and for programs relating to teacher
mentoring.
Subd. 11. [MN ENABL; MALE RESPONSIBILITY.] For MN ENABL
and male responsibility grants:
$625,000 ..... 1996
$375,000 ..... 1997
$250,000 the first year is for the Minnesota education now
and babies later (MN ENABL) program. $375,000 each year is for
male responsibility and fathering grants.
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.
Subd. 12. [NETT LAKE.] For grants to independent school
district No. 707, Nett Lake:
$62,000 ..... 1996
$62,000 ..... 1997
$32,000 in 1996 and $32,000 in 1997 are for grants to
independent school district No. 707, Nett Lake, to pay insurance
premiums under Minnesota Statutes, section 466.06.
$30,000 in 1996 and $30,000 in 1997 are for grants to
independent school district No. 707, Nett Lake, for the payment
of obligations of the school district for unemployment
compensation. The appropriation must be paid to the appropriate
state agency for such purposes in the name of the school
district.
Subd. 13. [MODEL SCHOOL FOR CHRONIC TRUANTS.] For the
model school for truants located in the law enforcement center
in Mankato:
$15,000 ..... 1996
$15,000 ..... 1997
Subd. 14. [ONE ROOM SCHOOLHOUSE.] For a grant to
independent school district No. 690, Warroad, to operate the
Angle Inlet School:
$30,000 ..... 1996
$25,000 ..... 1997
Subd. 15. [PSEO REPLACEMENT AID.] For PSEO replacement aid:
$104,000 ..... 1996
$122,000 ..... 1997
The 1996 appropriation includes $0 for 1995 and $104,000
for 1996.
The 1997 appropriation includes $19,000 for 1996 and
$103,000 for 1997.
Subd. 16. [AQUILA COMMUNITY TOGETHER PROJECT.] For a grant
to independent school district No. 283, St. Louis Park, for the
Aquila community together project:
$50,000 ..... 1996
This appropriation must be matched from nonstate sources.
This appropriation is available until June 30, 1997.
Subd. 17. [NEW MOON GIRLS PROGRAM.] For a grant to an
organization for girls to develop a curriculum to educate
school-aged children in Minnesota on the role of women and
children around the world:
$20,000 ..... 1996
The commissioner of education shall consult with the
legislative commission on the economic status of women in
awarding the grant. The curriculum will be used to provide
instruction on the purpose and experience of the fourth united
nations conference on women in Beijing, China, and will be
designed to explore educational opportunities, family
structures, customs, and health and safety issues for children
around the world. This appropriation is available until June
30, 1997.
Subd. 18. [CAREER TEACHER AID.] For career teacher aid
according to Minnesota Statutes, section 124.276:
$125,000 ..... 1996
$125,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Notwithstanding Minnesota Statutes, section 124.276,
subdivision 2, the aid may be used for the increased district
contribution to the teachers' retirement association and to FICA
resulting from the portion of the teaching contract that is in
addition to the standard teaching contract of the district.
Subd. 19. [EDUCATIONAL PERFORMANCE IMPROVEMENT
GRANTS.] For additional grants under Laws 1994, chapter 647,
article 7, section 18:
$800,000 ..... 1996
This appropriation is available until June 30, 1997.
Sec. 26. [REPEALER.]
Minnesota Statutes 1994, section 124.912, subdivision 8, is
repealed effective for revenue for fiscal year 1997.
Minnesota Statutes 1994, sections 125.05, subdivision 7;
and 125.231, subdivision 2, are repealed.
Sec. 27. [EFFECTIVE DATES.]
Sections 18, 20, and 21 are effective the day following
final enactment.
Section 13 is effective July 1, 1997, if the governing body
of the city of Saint Paul and the governing body of independent
school district No. 625 have approved it and complied with
Minnesota Statutes, section 645.021, subdivision 3, before
January 1, 1996. Section 14 does not abrogate language that
references city of St. Paul civil service rules in bargaining
unit agreements in existence on March 31, 1995.
ARTICLE 9
MISCELLANEOUS
Section 1. Minnesota Statutes 1994, section 13.43,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described
in subdivision 5, the following personnel data on current and
former employees, volunteers, and independent contractors of a
state agency, statewide system, or political subdivision and
members of advisory boards or commissions is public: name;
actual gross salary; salary range; contract fees; actual gross
pension; the value and nature of employer paid fringe benefits;
the basis for and the amount of any added remuneration,
including expense reimbursement, in addition to salary; job
title; job description; education and training background;
previous work experience; date of first and last employment; the
existence and status of any complaints or charges against the
employee, whether or not the complaint or charge resulted in a
disciplinary action; the final disposition of any disciplinary
action together with the specific reasons for the action and
data documenting the basis of the action, excluding data that
would identify confidential sources who are employees of the
public body; the terms of any agreement settling any dispute
arising out of the an employment relationship or of a buyout
agreement, as defined in section 123.34, subdivision 9a,
paragraph (a); work location; a work telephone number; badge
number; honors and awards received; payroll time sheets or other
comparable data that are only used to account for employee's
work time for payroll purposes, except to the extent that
release of time sheet data would reveal the employee's reasons
for the use of sick or other medical leave or other not public
data; and city and county of residence.
(b) For purposes of this subdivision, a final disposition
occurs when the state agency, statewide system, or political
subdivision makes its final decision about the disciplinary
action, regardless of the possibility of any later proceedings
or court proceedings. In the case of arbitration proceedings
arising under collective bargaining agreements, a final
disposition occurs at the conclusion of the arbitration
proceedings, or upon the failure of the employee to elect
arbitration within the time provided by the collective
bargaining agreement. Final disposition includes a resignation
by an individual when the resignation occurs after the final
decision of the state agency, statewide system, political
subdivision, or arbitrator.
(c) The state agency, statewide system, or political
subdivision may display a photograph of a current or former
employee to a prospective witness as part of the state agency's,
statewide system's, or political subdivision's investigation of
any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision in connection with a complaint or charge against an
employee.
Sec. 2. Minnesota Statutes 1994, section 120.064, is
amended to read:
120.064 [OUTCOME-BASED RESULTS-ORIENTED CHARTER SCHOOLS.]
Subdivision 1. [PURPOSES.] (a) The purpose of this section
is to:
(1) improve pupil learning;
(2) increase learning opportunities for pupils;
(3) encourage the use of different and innovative teaching
methods;
(4) require the measurement of learning outcomes and create
different and innovative forms of measuring outcomes;
(5) establish new forms of accountability for schools; or
(6) create new professional opportunities for teachers,
including the opportunity to be responsible for the learning
program at the school site.
(b) This section does not provide a means to keep open a
school that otherwise would be closed. Applicants in these
circumstances bear the burden of proving that conversion to an
outcome-based a charter school fulfills a purpose specified in
this subdivision, independent of the school's closing.
Subd. 2. [APPLICABILITY.] This section applies only to
outcome-based charter schools formed and operated under this
section.
Subd. 3. [SPONSOR.] A school board, community college,
state university, technical college, or the University of
Minnesota may sponsor one or more outcome-based charter schools.
A school board may authorize a maximum of five
outcome-based schools.
No more than a total of 35 outcome-based 40 charter schools
may be authorized not more than three of which may be sponsored
by public post-secondary institutions. The state board of
education shall advise potential sponsors when the maximum
number of outcome-based charter schools has been authorized.
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 125.05,
subdivision 1, to operate an outcome-based a charter school
subject to approval by the state board of education. If a
school board elects not to sponsor an outcome-based a charter
school, the applicant may appeal the school board's decision to
the state board of education if two members of the school board
voted to sponsor the school. If the state board authorizes the
school, the state board shall sponsor the school according to
this section. The school shall be organized and operated as a
cooperative under chapter 308A or nonprofit corporation under
chapter 317A.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the state board of education
stating its intent to authorize an outcome-based a charter
school. The affidavit must state the terms and conditions under
which the sponsor would authorize an outcome-based a charter
school. The state board must approve or disapprove the
sponsor's proposed authorization within 30 60 days of receipt of
the affidavit. Failure to obtain state board approval precludes
a sponsor from authorizing the outcome-based charter school that
was the subject of the affidavit.
(c) The operators authorized to organize and operate a
school shall hold an election for members of the school's board
of directors in a timely manner after the school is operating.
Any staff members who are employed at the school, including
teachers providing instruction under a contract with a
cooperative, and all parents of children enrolled in the school
may participate in the election. Licensed teachers employed at
the school, including teachers providing instruction under a
contract with a cooperative, must be a majority of the members
of the board of directors. A provisional board may operate
before the election of the school's board of directors. Board
of director meetings must comply with section 471.705.
(d) The granting or renewal of a charter by a sponsoring
entity shall not be conditioned upon the bargaining unit status
of the employees of the school.
Subd. 4a. [CONVERSION OF EXISTING SCHOOLS.] A school board
may convert one or more of its existing schools to outcome-based
charter schools under this section if 90 percent of the
full-time teachers at the school sign a petition seeking
conversion. The conversion must occur at the beginning of an
academic year.
Subd. 5. [CONTRACT.] The sponsor's authorization for an
outcome-based a charter school shall be in the form of a written
contract signed by the sponsor and the board of directors of the
outcome-based charter school. The contract for an outcome-based
a charter school shall be in writing and contain at least the
following:
(1) a description of a program that carries out one or more
of the purposes in subdivision 1;
(2) specific outcomes pupils are to achieve under
subdivision 10;
(3) admission policies and procedures;
(4) management and administration of the school;
(5) requirements and procedures for program and financial
audits;
(6) how the school will comply with subdivisions 8, 13, 15,
and 21;
(7) assumption of liability by the outcome-based charter
school;
(8) types and amounts of insurance coverage to be obtained
by the outcome-based charter school; and
(9) the term of the contract, which may be up to three
years.
Subd. 7. [PUBLIC STATUS; EXEMPTION FROM STATUTES AND
RULES.] A charter school is a public school and is part of the
state's system of public education. Except as provided in this
section, an outcome-based a charter school is exempt from all
statutes and rules applicable to a school, a school board, or a
school district, although it may elect to comply with one or
more provisions of statutes or rules.
Subd. 8. [REQUIREMENTS.] (a) An outcome-based A charter
school shall meet all applicable state and local health and
safety requirements.
(b) The school must be located in the sponsoring district,
unless another school board agrees to locate an outcome-based a
charter school sponsored by another district in its boundaries.
If a school board denies a request to locate within its
boundaries an outcome-based a charter school sponsored by
another district, the sponsoring district may appeal to the
state board of education. If the state board authorizes the
school, the state board shall sponsor the school.
(c) The A charter school must be nonsectarian in its
programs, admission policies, employment practices, and all
other operations. A sponsor may not authorize an outcome-based
a charter school or program that is affiliated with a nonpublic
sectarian school or a religious institution.
(d) Charter schools shall not be used as a method of
providing education or generating revenue for students who are
being home schooled.
(e) The primary focus of the a charter school must be to
provide a comprehensive program of instruction for at least one
grade or age group from five through 18 years of age.
Instruction may be provided to people younger than five years
and older than 18 years of age.
(e) The (f) A charter school may not charge tuition.
(f) The (g) A charter school is subject to and shall comply
with chapter 363 and section 126.21.
(g) The (h) A charter school is subject to and shall comply
with the pupil fair dismissal act, sections 127.26 to 127.39,
and the Minnesota public school fee law, sections 120.71 to
120.76.
(h) The (i) A charter school is subject to the same
financial audits, audit procedures, and audit requirements as a
school district. The audit must be consistent with the
requirements of sections 121.904 to 121.917, except to the
extent deviations are necessary because of the program at the
school. The department of education, state auditor, or
legislative auditor may conduct financial, program, or
compliance audits.
(i) The (j) A charter school is a school district for the
purposes of tort liability under chapter 466.
Subd. 9. [ADMISSION REQUIREMENTS.] The A charter school
may limit admission to:
(1) pupils within an age group or grade level;
(2) people who are eligible to participate in the high
school graduation incentives program under section 126.22; or
(3) residents of a specific geographic area where the
percentage of the population of non-Caucasian people of that
area is greater than the percentage of the non-Caucasian
population in the congressional district in which the geographic
area is located, and as long as the school reflects the racial
and ethnic diversity of the specific area.
The A charter school shall enroll an eligible pupil who
submits a timely application, unless the number of applications
exceeds the capacity of a program, class, grade level, or
building. In this case, pupils shall be accepted by lot.
The A charter school may not limit admission to pupils on
the basis of intellectual ability, measures of achievement or
aptitude, or athletic ability.
Subd. 10. [PUPIL PERFORMANCE.] An outcome-based A charter
school must design its programs to at least meet the outcomes
adopted by the state board of education. In the absence of
state board requirements, the school must meet the outcomes
contained in the contract with the sponsor. The achievement
levels of the outcomes contained in the contract may exceed the
achievement levels of any outcomes adopted by the state board.
Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] The A
charter school shall employ or contract with necessary teachers,
as defined by section 125.03, subdivision 1, who hold valid
licenses to perform the particular service for which they are
employed in the school. The school may employ necessary
employees who are not required to hold teaching licenses to
perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed
employees.
The board of directors also shall decide matters related to
the operation of the school, including budgeting, curriculum and
operating procedures.
Subd. 12. [PUPILS WITH A DISABILITY.] The A charter school
must comply with sections 120.03 and 120.17 and rules relating
to the education of pupils with a disability as though it were a
school district.
Subd. 13. [LENGTH OF SCHOOL YEAR.] An outcome-based A
charter school shall provide instruction each year for at least
the number of days required by section 120.101, subdivision 5.
It may provide instruction throughout the year according to
sections 120.59 to 120.67 or 121.585.
Subd. 14. [REPORTS.] An outcome-based A charter school
must report at least annually to its sponsor and the state board
of education the information required by the sponsor or the
state board. The reports are public data under chapter 13.
Subd. 15. [TRANSPORTATION.] (a) By July 1 of each year, a
charter school shall notify the district in which the school is
located and the department of education if it will provide
transportation for pupils enrolled at the school for the fiscal
year.
(b) If a charter school elects to provide transportation
for pupils, the transportation shall be provided by the charter
school within the district in which the charter school is
located. The state shall pay transportation aid to the charter
school according to section 124.248, subdivision 1a.
For pupils who reside outside the district in which the
charter school is located, the charter school is not required to
provide or pay for transportation between the pupil's residence
and the border of the district in which the charter school is
located. A parent may be reimbursed by the charter school for
costs of transportation from the pupil's residence to the border
of the district in which the charter school is located if the
pupil is from a family whose income is at or below the poverty
level, as determined by the federal government. The
reimbursement may not exceed the pupil's actual cost of
transportation or 15 cents per mile traveled, whichever is
less. Reimbursement may not be paid for more than 250 miles per
week.
At the time a pupil enrolls in a charter school, the
charter school shall provide the parent or guardian with
information regarding the transportation.
(c) If a charter school does not elect to provide
transportation, transportation for pupils enrolled at a the
school shall be provided by the district in which the school is
located, according to sections 120.062, subdivision 9, and
123.39, subdivision 6, for a pupil residing in the same district
in which the outcome-based charter school is located.
Transportation may be provided by the district in which the
school is located, according to sections 120.062, subdivision 9,
and 123.39, subdivision 6, for a pupil residing in a different
district.
Subd. 16. [LEASED SPACE.] The A charter school may lease
space from a board eligible to be a sponsor or other public or
private nonprofit nonsectarian organization. If a charter
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.
Subd. 17. [INITIAL COSTS.] A sponsor may authorize a
charter school before the applicant has secured its space,
equipment, facilities, and personnel if the applicant indicates
the authority is necessary for it to raise working capital. A
sponsor may not authorize a school before the state board of
education has approved the authorization.
Subd. 18. [DISSEMINATE INFORMATION.] The sponsor, the
operators, and the department of education must disseminate
information to the public on how to form and operate an
outcome-based a charter school and how to utilize the offerings
of an outcome-based a charter school. Particular groups to be
targeted include low-income families and communities, and
students of color.
Subd. 19. [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a
teacher employed by a school district makes a written request
for an extended leave of absence to teach at an outcome-based a
charter school, the school district must grant the leave. The
school district must grant a leave for any number of years
requested by the teacher, and must extend the leave at the
teacher's request. The school district may require that the
request for a leave or extension of leave be made up to 90 days
before the teacher would otherwise have to report for duty.
Except as otherwise provided in this subdivision and except for
section 125.60, subdivision 6a, the leave is governed by section
125.60, including, but not limited to, reinstatement, notice of
intention to return, seniority, salary, and insurance.
During a leave, the teacher may continue to aggregate
benefits and credits in the teachers' retirement association
account by paying both the employer and employee contributions
based upon the annual salary of the teacher for the last full
pay period before the leave began. The retirement association
may impose reasonable requirements to efficiently administer
this subdivision.
Subd. 20. [COLLECTIVE BARGAINING.] Employees of the board
of directors of the a charter school may, if otherwise eligible,
organize under chapter 179A and comply with its provisions. The
board of directors of the a charter school is a public employer,
for the purposes of chapter 179A, upon formation of one or more
bargaining units at the school. Bargaining units at the school
are shall be separate from any other units within the sponsoring
district, except that bargaining units may remain part of the
appropriate unit within the sponsoring district, if the
employees of the school, the board of directors of the school,
the exclusive representative of the appropriate unit in the
sponsoring district, and the board of the sponsoring district
agree to include the employees in the appropriate unit of the
sponsoring district.
Subd. 20a. [TEACHERS RETIREMENT.] Teachers in a charter
school shall be public school teachers for the purposes of
chapters 354 and 354a.
Subd. 21. [CAUSES FOR NONRENEWAL OR TERMINATION.] (a) The
duration of the contract with a sponsor shall be for the term
contained in the contract according to subdivision 5. The
sponsor may or may not renew a contract at the end of the term
for any ground listed in paragraph (b). A sponsor may
unilaterally terminate a contract during the term of the
contract for any ground listed in paragraph (b). At least 60
days before not renewing or terminating a contract, the sponsor
shall notify the board of directors of the charter school of the
proposed action in writing. The notice shall state the grounds
for the proposed action in reasonable detail and that the
charter school's board of directors may request in writing an
informal hearing before the sponsor within 14 days of receiving
notice of nonrenewal or termination of the contract. Failure by
the board of directors to make a written request for a hearing
within the 14-day period shall be treated as acquiescence to the
proposed action. Upon receiving a timely written request for a
hearing, the sponsor shall give reasonable notice to the charter
school's board of directors of the hearing date. The sponsor
shall conduct an informal hearing before taking final action.
The sponsor shall take final action to renew or not renew a
contract by the last day of classes in the school year. If the
sponsor is a local school board, the school's board of directors
may appeal the sponsor's decision to the state board of
education.
(b) A contract may be terminated or not renewed upon any of
the following grounds:
(1) failure to meet the requirements for pupil performance
contained in the contract;
(2) failure to meet generally accepted standards of fiscal
management;
(3) for violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed, the school
shall be dissolved according to the applicable provisions of
chapter 308A or 317A.
Subd. 22. [PUPIL ENROLLMENT.] If a contract is not renewed
or is terminated according to subdivision 21, a pupil who
attended the school, siblings of the pupil, or another pupil who
resides in the same place as the pupil may enroll in the
resident district or may submit an application to a nonresident
district according to section 120.062 at any time. Applications
and notices required by section 120.062 shall be processed and
provided in a prompt manner. The application and notice
deadlines in section 120.062 do not apply under these
circumstances.
Subd. 23. [GENERAL AUTHORITY.] The board of directors
of an outcome-based a charter school may sue and be sued. The
board may not levy taxes or issue bonds.
Subd. 24. [IMMUNITY.] The state board of education,
members of the state board, a sponsor, members of the board of a
sponsor in their official capacity, and employees of a sponsor
are immune from civil or criminal liability with respect to all
activities related to an outcome-based a charter school they
approve or sponsor. The board of directors shall obtain at
least the amount of and types of insurance required by the
contract, according to subdivision 5.
Sec. 3. Minnesota Statutes 1994, section 120.101, is
amended by adding a subdivision to read:
Subd. 5a. [CHILDREN UNDER SEVEN.] Once a pupil under the
age of seven is enrolled in kindergarten or a higher grade in a
public school, the pupil is subject to the compulsory attendance
provisions of this chapter and section 127.20, unless the school
board of the district in which the pupil is enrolled has a
policy that exempts children under seven from this subdivision.
In a school district in which children under seven are
subject to compulsory attendance under this subdivision,
paragraphs (a) to (c) apply.
(a) A parent or guardian may withdraw the pupil from
enrollment in the school for good cause by notifying the school
district. Good cause includes, but is not limited to,
enrollment of the pupil in another school, as defined in
subdivision 4, or the immaturity of the child.
(b) When the pupil enrolls, the enrolling official must
provide the parent or guardian who enrolls the pupil with a
written explanation of the provisions of this subdivision.
(c) A pupil under the age of seven who is withdrawn from
enrollment in the public school under paragraph (a) is no longer
subject to the compulsory attendance provisions of this chapter.
In a school district that had adopted a policy to exempt
children under seven from this subdivision, the school
district's chief attendance officer must keep the truancy
enforcement authorities supplied with a copy of the school
board's current policy certified by the clerk of the school
board.
Sec. 4. Minnesota Statutes 1994, section 120.101,
subdivision 5c, is amended 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 a request, 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. 5. Minnesota Statutes 1994, section 120.74,
subdivision 1, is amended to read:
Subdivision 1. (a) A school board is not authorized to
charge fees in the following areas:
(a) (1) textbooks, workbooks, art materials, laboratory
supplies, towels;
(b) (2) supplies necessary for participation in any
instructional course except as authorized in sections 120.73 and
120.75;
(c) (3) field trips which are required as a part of a basic
education program or course;
(d) (4) graduation caps, gowns, any specific form of dress
necessary for any educational program, and diplomas;
(e) (5) instructional costs for necessary school personnel
employed in any course or educational program required for
graduation;
(f) (6) library books required to be utilized for any
educational course or program;
(g) (7) admission fees, dues, or fees for any activity the
pupil is required to attend;
(h) (8) any admission or examination cost for any required
educational course or program;
(i) (9) locker rentals;
(j) (10) transportation of pupils (1) (i) for which state
transportation aid is authorized pursuant to section 124.223 or
(2) (ii) for which a levy is authorized under section 124.226,
subdivision 5.
(b) Notwithstanding paragraph (a), clauses (1) and (6), a
school board may charge fees for textbooks, workbooks, and
library books, lost or destroyed by students. The board must
annually notify parents or guardians and students about its
policy to charge a fee under this paragraph.
Sec. 6. Minnesota Statutes 1994, section 120.75,
subdivision 1, is amended to read:
Subdivision 1. Prior to the initiation of any fee not
authorized or prohibited by sections 120.73 and 120.74, the
local school board shall hold a public hearing within the
district upon three weeks published notice in the district's
official newspaper. The local school board shall notify the
commissioner of any fee it proposes to initiate under this
section. If within 45 days of this notification, the
commissioner does not disapprove the proposed fee, the local
school board may initiate the proposed fee, or such notice as is
otherwise required for a regular school board meeting given
three weeks prior to the hearing on the proposed adoption of the
policy.
Sec. 7. Minnesota Statutes 1994, section 121.207,
subdivision 2, is amended to read:
Subd. 2. [REPORTS; CONTENT.] On or before January 1, 1994,
the commissioner of education, in consultation with the criminal
and juvenile information policy group, shall develop a
standardized form to be used by schools to report incidents
involving the use or possession of a dangerous weapon in school
zones. The form shall include the following information:
(1) a description of each incident, including a description
of the dangerous weapon involved in the incident;
(2) where, at what time, and under what circumstances the
incident occurred;
(3) information about the offender, other than the
offender's name, including the offender's age; whether the
offender was a student and, if so, where the offender attended
school; and whether the offender was under school expulsion or
suspension at the time of the incident;
(4) information about the victim other than the victim's
name, if any, including the victim's age; whether the victim was
a student and, if so, where the victim attended school; and if
the victim was not a student, whether the victim was employed at
the school;
(5) the cost of the incident to the school and to the
victim; and
(6) the action taken by the school administration to
respond to the incident.
The commissioner also shall develop an alternative
reporting format that allows school districts to provide
aggregate data, with an option to use computer technology to
report the data.
Sec. 8. Minnesota Statutes 1994, section 121.207,
subdivision 3, is amended to read:
Subd. 3. [REPORTS; FILING REQUIREMENTS.] By February 1 and
July 1 of each year, each school shall report incidents
involving the use or possession of a dangerous weapon in school
zones to the commissioner of education. The reports shall be
made on the standardized forms or using the alternative format
developed by the commissioner under subdivision 2. The
commissioner shall compile the information it receives from the
schools and report it annually to the commissioner of public
safety, the criminal and juvenile information policy group, and
the legislature.
Sec. 9. Minnesota Statutes 1994, section 121.931, is
amended to read:
121.931 [STATE BOARD POWERS AND DUTIES INFORMATION SYSTEM.]
Subdivision 1. [COMPONENTS; GOVERNANCE INFORMATION
SYSTEM.] The statewide elementary, secondary and vocational
education management department of education shall develop and
maintain a computerized information system shall consist of the
ESV-IS and the SDE-IS and shall be governed by the state board
according to the provisions of sections 121.93 to 121.936 for
state information needs.
Subd. 2. [PURPOSES.] The purposes of the statewide
elementary, secondary and vocational education management
computerized information system shall be:
(a) To provide comparable and accurate educational
information in a manner which is timely and economical;
(b) To provide a computerized research capability for
analysis of education information ensure accountability for
state appropriations;
(c) To collect data to assess the needs of learners and
children;
(d) To provide school districts with an educational
information system capability which will meet school district
management needs; and
(d) (e) To provide a capability for the collection and
processing for computerized analysis of educational information
in order to meet the management needs of the state of Minnesota.
Subd. 3. [SYSTEMS ARCHITECTURE PLAN.] The state board,
with the advice and assistance of the ESV computer council,
shall develop a systems architecture plan for providing
administrative data processing to school districts, the
department of education, and the legislature. In developing the
plan, the state board shall consider at least the following:
user needs; systems design factors; telecommunication
requirements; computer hardware technology; and alternative
hardware purchase and lease arrangements.
Subd. 4. [LONG-RANGE PLAN.] The state board, with the
advice and assistance of the ESV computer council and the
information policy office, shall develop a long-range plan for
providing administrative data processing to school districts,
the department of education, and the legislature. In developing
the plan, the state board shall consider at least the following:
desirable major enhancements to the ESV-IS and SDE-IS; new
system development proposals; new or modified approaches to
provide support services to districts; the responsibility of
regional management information centers to provide reports to
the department on behalf of affiliated districts; and related
development and implementation time schedules. The long-range
plan shall address the feasibility and practicability of
utilizing microcomputers, minicomputers, and larger computer
systems. The plan shall be updated by September 15 of each
even-numbered year. The long-range plan shall consist of one
document and shall incorporate the systems architecture plan and
all relevant portions of previous documents which have been
referred to as the state computing plan.
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
cooperative units for the actual cost of software development
used by the district or 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. 10. Minnesota Statutes 1994, section 121.932, is
amended to read:
121.932 [DEPARTMENT DUTIES.]
Subd. 2. [DATA ACQUISITION CALENDAR.] The department of
education shall maintain a current annual data acquisition
calendar specifying the reports which districts are required to
provide to the department, the reports which regional management
information centers are required to provide to the department
for their affiliated districts, and the dates these reports are
due.
Subd. 3. [EXEMPTION FROM CHAPTER 14.] The annual data
acquisition calendar and the essential data elements are exempt
from the administrative procedure act but, to the extent
authorized by law to adopt rules, the board may use the
provisions of section 14.38, subdivisions 5 to 9.
Subd. 4. [SDE-IS DATA SYSTEM.] The department shall
develop and operate the SDE-IS with the advice and assistance of
the ESV computer council a computerized data system. The SDE-IS
system shall include: (a) information required by federal or
state law or rule; and (b) information needed by the divisions
of the department in order to disburse funds, to implement
research or special projects approved by the commissioner, and
to meet goals or provide information required by the state
board, the governor, the legislature or the federal government.
The department shall consult the advisory council on uniform
financial accounting and reporting standards, the advisory task
forces on student reporting and payroll/personnel reporting, and
representatives of the senate and the house of representatives
and of each division of the department, about needs for
information from SDE-IS.
Subd. 4a. [CERTIFICATION OF SOFTWARE VENDORS.] The
commissioner shall maintain a list of certified service
providers for administrative data processing software and
support. To be certified, a service provider must provide the
commissioner with a written statement identifying software
products and support functions that will be provided to school
districts and stating its intent to meet state standards for
software, data elements, edits, and support services. The
standards must ensure the quality of the data reported to the
state. The commissioner must conduct regular training sessions
for service providers on the standards. If a service provider
fails to meet the standards, the commissioner must notify the
service provider of areas of noncompliance and assist the
service provider in correcting the problem. If the provider
fails to comply with standards within two months of being
notified of noncompliance, the commissioner may remove the
service provider from the list of certified providers. The
commissioner may recertify a service provider when the
commissioner determines that the areas of noncompliance have
been corrected.
Subd. 4b. [INFORMATION ON CERTIFIED SERVICE
PROVIDERS.] The commissioner must include the list of certified
service providers in the annual data acquisition calendar. The
commissioner must notify school districts if a service provider
is removed from the list and of the areas of noncompliance.
Subd. 5. [ESSENTIAL DATA.] The department shall maintain a
list of essential data elements which must be recorded and
stored about each pupil, licensed and nonlicensed staff member,
and educational program. Each school district shall send must
provide the essential data to the ESV regional computer center
to which it belongs, where it shall be edited and transmitted to
the department in the form and format prescribed by the
department.
Subd. 6. [CONTRACTING.] The department may provide by
contract for the technical support of and the development of
applications software by a regional management information
center or by any other appropriate provider.
Sec. 11. Minnesota Statutes 1994, section 121.933,
subdivision 1, is amended to read:
Subdivision 1. [PERMITTED DELEGATIONS.] The state board of
technical colleges, the state board of education, and the
department may provide, by the delegation of powers and duties
or by contract, for the implementation and technical support
of ESV-IS and SDE-IS a computerized information reporting
system, including the development of applications software
pursuant to section 121.931, subdivision 5, by a regional
management information center or by any other appropriate
provider.
Sec. 12. Minnesota Statutes 1994, section 121.935, is
amended to read:
121.935 [REGIONAL MANAGEMENT INFORMATION CENTERS.]
Subdivision 1. [CREATION.] Any group of two or more
independent, special or common school districts may with the
approval of the state board pursuant to sections 121.931 and
121.936 create a regional management information center pursuant
to section 123.58 or 471.59 to provide computer services to
school districts. A regional management information center
shall not come into existence until the first July 1 after its
creation is approved by the state board or until it can be
accommodated by state appropriations, whichever occurs first.
Each member of the board of a center created after June 30,
1991, shall be a current member of a member school board.
Subd. 1a. [CENTER FOR DISTRICTS WITH ALTERNATIVE SYSTEMS.]
Districts that operate alternative systems approved by the state
board according to section 121.936 may create one regional
management information center under section 471.59. The center
shall have all of the powers authorized under section
471.59. Only districts that operate approved alternative
systems may be members of the center. Upon receiving the
approval of the state board to operate an alternative system, a
district may become a member of the center.
Each member of the center board shall be a current member
of a member school board.
The center board may purchase or lease equipment. It may
not employ any staff but may enter into a term contract for
services. A person providing services according to a contract
with the center board is not a state employee.
The center shall perform the duties required by subdivision
2, except clauses (c), (d), and (g). The department shall
provide the center all services that are provided to regional
centers formed under subdivision 1, including transferring
software and providing accounting assistance.
Subd. 2. [DUTIES.] Every regional management information
center shall:
(a) assist its affiliated districts in complying with the
reporting requirements of the annual data acquisition calendar
and the rules of the state board of education;
(b) respond within 15 calendar days to requests from the
department for district information provided to the region for
state reporting of information, based on the data elements in
the data element dictionary;
(c) operate financial management information systems
consistent with the uniform financial accounting and reporting
standards adopted by the commissioner pursuant to sections
121.904 to 121.917;
(d) make available to districts the opportunity to
participate fully in all the subsystems of ESV-IS;
(e) develop and maintain a plan to provide services during
a system failure or a disaster;
(f) comply with the requirement in section 121.908,
subdivision 2, on behalf of districts affiliated with it; and
(g) operate fixed assets property management information
systems consistent with the uniform property accounting and
reporting standards adopted by the commissioner.
Subd. 4. [ANNUAL BUDGET ESTIMATES.] Every regional
management information center shall submit to the department by
July 1 an annual budget estimate for its administrative and
management computer activities. The budget estimates shall be
in a program budget format and shall include all estimated and
actual revenues, expenditures, and fund balances of the center.
Budget forms developed pursuant to section 16A.10 may be used
for these estimates. The department of education shall assemble
this budget information into a supplemental budget summary for
the statewide elementary, secondary, and vocational management
information system. Copies of the budget summary shall be
provided to the ESV computer council and shall be available to
the legislature upon request.
Subd. 6. [FEES.] Regional management information centers
may charge fees to affiliated districts for the cost of services
provided to the district.
Subd. 8. [COMPUTER HARDWARE PURCHASE.] A regional
management information center may not purchase or enter into a
lease-purchase agreement for computer hardware in excess of
$100,000 without unanimous consent of the center board.
Subd. 9. [FINANCIAL SERVICES.] Regional management
information centers may provide financial management information
services to cities, counties, towns, or other governmental units
at mutually negotiated prices.
Sec. 13. Minnesota Statutes 1994, section 122.91,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The purpose of an education
district is to increase educational opportunities for learners
by increasing cooperation and coordination among school
districts, other governmental units, and post-secondary
institutions, and to replace other existing cooperative
structures.
Sec. 14. Minnesota Statutes 1994, section 122.91,
subdivision 2, is amended to read:
Subd. 2. [AGREEMENT.] School boards meeting the
requirements of subdivision 3 may enter into a written agreement
to establish an education district. Once established, cities,
counties, and other governmental units as defined in section
471.59, may become members of the education district. The
agreement and subsequent amendments must be adopted by majority
vote of the full membership of each board.
Sec. 15. Minnesota Statutes 1994, section 122.91,
subdivision 2a, is amended to read:
Subd. 2a. [AGREEMENT; SPECIAL PROVISIONS.] The education
district agreement may contain a special provision adopted by
the vote of a majority of the full membership of each of the
boards of the member school districts to allow a post-secondary
institution or cities, counties, and other governmental units to
become a member of the education district.
Sec. 16. Minnesota Statutes 1994, section 122.92,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL DISTRICT REPRESENTATION.] The
education district board shall be composed of at least one
representative appointed by the school board or governing board
of each member district. Each representative must be a member
of the appointing school or governing board. Each
representative shall serve at the pleasure of the
appointing school board and may be recalled by a majority vote
of the appointing school board. Each representative shall serve
for the term that is specified in the agreement. The board
shall select its officers from among its members and shall
determine the terms of the officers. The board shall adopt
bylaws for the conduct of its business. The board may conduct
public meetings via interactive television if the board complies
with section 471.705 in each location where board members are
present.
Sec. 17. Minnesota Statutes 1994, section 122.93,
subdivision 1, is amended to read:
Subdivision 1. [COORDINATION.] An education district board
shall coordinate the programs and services of the education
district according to the terms of the written agreement. The
board shall implement the agreement for delivering educational
services defined in section 123.582, subdivisions 7 and 8,
needed in the education district.
Sec. 18. Minnesota Statutes 1994, section 122.94,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] An education district
board shall adopt a comprehensive agreement for continuous
learning. The agreement must address methods to improve the
educational opportunities available in the education district.
It must be submitted for review by the educational cooperative
service unit within which the majority of the education district
membership lies. The education district board shall review the
agreement annually and propose necessary amendments to the
member districts.
Sec. 19. Minnesota Statutes 1994, section 123.34, is
amended by adding a subdivision to read:
Subd. 9a. [DISCLOSE PAST BUYOUTS OR CONTRACT IS VOID.] (a)
For the purposes of paragraph (b), a "buyout agreement" is any
agreement under which a person employed as a superintendent left
the position before the term of the contract was over and
received a sum of money, something else of value, or the right
to something of value for some purpose other than performing the
services of a superintendent.
(b) Before a person may enter into a superintendent's
contract with a school board, the candidate shall disclose in
writing the existence and terms of any previous buyout
agreement, including amounts and the purpose for the payments,
relating to a superintendent's contract with another school
board. A disclosure made under this paragraph is public data.
(c) The superintendent's contract of a person who fails to
make a timely disclosure under paragraph (b) is void.
Sec. 20. Minnesota Statutes 1994, section 123.35,
subdivision 19b, is amended 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).
(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 a service cooperative organized under section
123.582; or
(5) a regional management information center organized
under section 121.935 or as a joint powers district according to
section 471.59.
Sec. 21. Minnesota Statutes 1994, section 123.351,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] Two or more independent
school districts may enter into an agreement to establish a
cooperative center to provide for vocational education and other
educational services upon the vote of a majority of the full
membership of each of the boards of the districts entering into
the agreement. The agreement may also provide for membership by
cities, counties, and other governmental units as defined in
section 471.59. When a resolution approving this action has
been adopted by the board of a district, the resolution shall be
published once in a newspaper of general circulation in the
district. If a petition for referendum on the question of the
district entering into the agreement, containing signatures of
qualified voters of the district equal to five percent of the
number of voters at the last school district general election,
is filed with the clerk of the board within 60 days after
publication of the resolution, the board shall not enter into
the agreement until the question has been submitted to the
voters of the district at a special election. This election
shall be conducted and canvassed in the same manner as school
district general elections. If a majority of the total number
of votes cast on the question within the district is in favor of
the proposition, the board may enter into an agreement to
establish the center for purposes described in this section.
Sec. 22. Minnesota Statutes 1994, section 123.351,
subdivision 3, is amended to read:
Subd. 3. [GOVERNING BOARD.] (a) The center shall be
operated by a center board of not less than five members which
shall consist of members from school boards of each of the
participating school districts within the center and member
cities, counties, and other governmental units, appointed by
their respective school boards. Each participating school
district shall have at least one member on the board. The board
shall choose an administrative officer to administer board
policy and directives who shall serve as an ex officio member of
the board but shall not have a vote.
(b) The terms of office of the first members of the board
shall be determined by lot as follows: one-third of the members
for one year, one-third for two years, and the remainder for
three years, all terms to expire on June 30 of the appropriate
year; provided that if the number of members is not evenly
divisible by three, the membership will be as evenly distributed
as possible among one, two and three year terms with the
remaining members serving the three year term. Thereafter the
terms shall be for three years commencing on July 1 of each
year. If a vacancy occurs on the center board, it shall be
filled by the appropriate school board within 90 days. A person
appointed to the center board shall qualify as a board member by
filing with the chair a written certificate of appointment from
the appointing school board.
(c) The first meeting of a center board shall be at a time
mutually agreed upon by board members. At this meeting, the
center board shall choose its officers and conduct any other
necessary organizational business. Thereafter the center board
shall meet on the first of July of each year or as soon
thereafter as practicable pursuant to notice sent to all center
board members by the chief executive officer of the center.
(d) The officers of the center board shall be a chair,
vice-chair, clerk and treasurer, no two of whom when possible
shall be from the same school district. The chair shall preside
at all meetings of the center board except in the chair's
absence the vice-chair shall preside. The clerk shall keep a
complete record of the minutes of each meeting and the treasurer
shall be the custodian of the funds of the center. Insofar as
applicable, sections 123.33 and 123.34, shall apply to the board
and officers of the center.
(e) Each participating school district shall have equal
voting power with at least one vote. A majority of the center
board shall be a quorum. Any motion other than adjournment
shall pass only upon receiving a majority of the votes of the
entire center board.
Sec. 23. Minnesota Statutes 1994, section 123.351,
subdivision 4, is amended to read:
Subd. 4. [POWERS AND DUTIES.] (a) The center board shall
have the general charge of the business of the center and the
ownership of facilities. Where applicable, section 123.36,
shall apply. The center board may not issue bonds in its
behalf. Each participating district may issue its bonds for the
purpose of acquisition and betterment of center facilities in
the amount certified by the center board to such participating
district in accordance with chapter 475.
(b) The center board (1) may furnish vocational offerings
to any eligible person residing in any participating district;
(2) may provide special education for the handicapped and
disadvantaged; and (3) may provide any other educational
programs or services defined in section 123.582, subdivisions 7
and 8, agreed upon by the participating districts members.
Academic offerings shall be provided only under the direction of
properly licensed academic supervisory personnel.
(c) In accordance with subdivision 5, clause (b), the
center board shall certify to each participating district the
amount of funds assessed to the district as its proportionate
share required for the conduct of the educational programs,
payment of indebtedness, and all other proper expenses of the
center.
(d) The center board shall employ and contract with
necessary qualified teachers and administrators and may
discharge the same for cause pursuant to section 125.12. The
authority for selection and employment of a director shall be
vested in the center board. Notwithstanding the provisions of
section 125.12, subdivision 6a or 6b, no individual shall have a
right to employment as a director based on seniority or order of
employment by the center. The board may employ and discharge
other necessary employees and may contract for other services
deemed necessary.
(e) The center board may provide an educational program for
secondary and adult vocational phases of instruction. The high
school phase of its educational program shall be offered as a
component of the comprehensive curriculum offered by each of the
participating school districts. Graduation shall be from the
student's resident high school district. Insofar as applicable,
sections 123.35 to 123.40, shall apply.
(f) The center board may prescribe rates of tuition for
attendance in its programs by adults and nonmember district
secondary students.
Sec. 24. Minnesota Statutes 1994, section 123.351,
subdivision 5, is amended to read:
Subd. 5. [FINANCING.] (a) Any center board established
pursuant to this section is a public corporation and agency and
may receive and disburse federal, state, and local funds made
available to it. No participating school district or member
shall have any additional individual liability for the debts or
obligations of the center except that assessment which has been
certified as its proportionate share in accordance with
subdivision 5, clause (b) and subdivision 4, clauses (a) and
(c). A member of the center board shall have such liability as
is applicable to a member of an independent school district
board. Any property, real or personal, acquired or owned by the
center board for its purposes shall be exempt from taxation by
the state or any of its political subdivisions.
(b) The center board 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 its proportionate share of any and
all expenses. This share shall be based upon an equitable
distribution formula agreed upon by the participating
districts. Each participating district shall remit its
assessment to the center board within 30 days after receipt.
The assessments shall be paid within the maximum levy
limitations of each participating district.
Sec. 25. [123.582] [SERVICE COOPERATIVES.]
Subdivision 1. [ESTABLISHMENT OF SERVICE
COOPERATIVES.] (a) Ten service cooperatives, hereafter
designated as SCs, are established. Geographical boundaries for
each SC 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:
(1) development regions one and two shall be combined to
form a single SC;
(2) development regions six east and six west shall be
combined to form a single SC; and
(3) development regions seven east and seven west shall be
combined to form a single SC.
(b) The SC 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) Two or more identified SCs may, upon approval by a
majority of the members in each affected SC, be combined and
administered as a single SC.
Subd. 2. [PURPOSE OF SC.] The primary purposes of
designation as a SC shall be to perform planning on a regional
basis and to assist in meeting specific needs of clients in
participating governmental units which could be better provided
by a SC than by the members themselves. The SC shall provide
those programs and services which are determined, pursuant to
subdivision 7, to be priority needs of the particular region and
shall assist in meeting special needs which arise from
fundamental constraints upon individual members.
Subd. 3. [MEMBERSHIP AND PARTICIPATION.] Full membership
in a SC shall be limited to public school districts, cities,
counties, and other governmental units as defined in section
471.59, but nonvoting memberships shall be available to
nonpublic school administrative units and other partnership
agencies or organizations within the SC. A school district,
city, county, or other governmental unit or nonprofit
organization may belong to one or more SCs. Participation in
programs and services provided by the SC shall be
discretionary. No school district, city, county, or other
governmental unit shall be compelled to participate in these
services under authority of this section. Nonpublic school
students and personnel are encouraged to participate in programs
and services to the extent allowed by law.
Subd. 4. [GOVERNING BOARD.] (a) The care, management, and
control of a SC shall be vested in a board of directors composed
of not less than six nor more than 15 members. A majority of
the members of the SC board of directors shall be current
members of school boards of participating public school
districts. Election of the school board members to the SC board
of directors shall be by vote of all current school board
members of participating public school districts with each
school board member having one vote. The remaining board
members may be representatives at large appointed by the board
members or elected as representatives by other participating
agencies, such as cities, counties, or other governmental units.
(b) The election timeline shall be compatible with those
for school board members and shall be addressed within the
bylaws of each SC.
(c) A vacancy on the SC board which results in an unexpired
term may be filled by appointment by the SC board of directors
until such vacancy can be filled at the next board election.
(d) At the organizational meeting, the SC board shall
choose its officers and conduct any other necessary
organizational business. The SC board may, at its discretion,
appoint up to three members at large to the SC board as ex
officio, nonvoting members of the board and shall encourage the
advisory participation of a cross-section of school and agency
personnel within the SC to the extent allowed by law.
(e) The officers of the SC board shall be a chair,
vice-chair, clerk, and treasurer, no two of whom when possible
shall be from the same agency.
(f) A member of the SC board shall have the same liability
applicable to a member of an independent school board or other
elected governmental officials.
Subd. 5. [DUTIES AND POWERS OF SC BOARD OF DIRECTORS.] The
board of directors shall have authority to maintain and operate
a SC. 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, by June 1 of each
year to each participating member, an annual plan which
describes the objectives and procedures to be implemented in
assisting in resolution of the needs of the SC.
(b) The SC board of directors shall provide adequate
office, service center, and administrative facilities by lease,
purchase, gift, or otherwise.
(c) The SC board of directors shall 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 applicable
provisions of law. SC staff and personnel may participate in
retirement programs and any other programs available to public
school staff and personnel.
(d) The SC board of directors may appoint special advisory
committees composed of superintendents, central office
personnel, building principals, teachers, parents, lay persons,
and representatives from cities, counties, and other
governmental units.
(e) The SC board of directors may employ service area
personnel pursuant to licensure and certification standards
developed by the appropriate state agency such as the state
board and the state board of teaching.
(f) The SC board of directors may enter into contracts with
school boards of local districts including school districts
outside the SC area.
(g) The SC board of directors may enter into contracts with
other public and private agencies and institutions to provide
administrative staff and other personnel as necessary to furnish
and support the agreed upon programs and services.
(h) The SC board of directors shall exercise all powers and
carry out all duties delegated to it by members under provisions
of the SC bylaws. The SC board of directors shall be governed,
when not otherwise provided, by applicable laws of the state.
(i) The SC board of directors shall submit an annual
evaluation report of the effectiveness of programs and services
to the members by September 1 of each year following the
previous June 30 in which the programs and services were
provided.
(j) The SC board is encouraged to establish cooperative,
working relationships and partnerships with post-secondary
educational institutions, other public agencies, business, and
industry.
Subd. 6. [APPOINTMENT OF AN ADVISORY COUNCIL.] There may
be advisory councils selected to give advice and counsel to the
SC board of directors. The councils may be composed of
representatives from public and nonpublic schools, cities,
counties, and other governmental units.
Subd. 7. [EDUCATIONAL PROGRAMS AND SERVICES.] The board of
directors of each SC shall submit annually a plan to the
members. The plan shall identify the programs and services
which are suggested for implementation by the SC during the
following year and shall contain components of long-range
planning determined by the SC. These programs and services may
include, but are not limited to, the following areas:
(1) administrative services;
(2) curriculum development;
(3) data processing;
(4) distance learning and other telecommunication services;
(5) evaluation and research;
(6) staff development;
(7) media and technology centers;
(8) publication and dissemination of materials;
(9) pupil personnel services;
(10) planning;
(11) secondary, post-secondary, community, adult, and adult
vocational education;
(12) teaching and learning services, including services for
students with special talents and special needs;
(13) employee personnel services;
(14) vocational rehabilitation;
(15) health, diagnostic, and child development services and
centers;
(16) leadership or direction in early childhood and family
education;
(17) community services;
(18) shared time programs;
(19) fiscal services and risk management programs;
(20) technology planning, training, and support services;
(21) health and safety services;
(22) student academic challenges; and
(23) cooperative purchasing services.
Subd. 8. [TECHNICAL ASSISTANCE.] Service cooperatives
shall, to the extent possible, make technical assistance for
long-range planning available to school districts upon request
and shall establish a common database for local and regional
decision making.
Subd. 9. [FINANCIAL SUPPORT FOR THE SERVICE
COOPERATIVES.] (a) Financial support for SC programs and
services shall be provided by participating members with
private, state, and federal financial support supplementing as
available. The SC 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, nonpublic school
administrative unit, city, county, and other governmental unit
its proportionate share of all expenses. This share shall be
based upon the extent of participation by each school district,
nonpublic school administrative unit, city, county, or other
governmental unit and shall be in the form of a service fee.
Each participating school district, nonpublic school
administrative unit, city, county, or other governmental unit
shall remit its assessment to the SC board as provided in the SC
bylaws. The assessments shall be paid within the maximum levy
limitations of each participating member. No participating
member shall have any additional liability for the debts or
obligations of the SC except that assessment which has been
certified as its proportionate share and any other liability the
member assumes under section 123.35, subdivision 19b.
(b) Any property acquired by the SC 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 SC is dissolved, its property must
be distributed to the members at the time of the dissolution.
(c) A member may elect to withdraw participation in the SC
by a majority vote of its full board membership and upon
compliance with the applicable withdrawal provisions of the SC
organizational agreement. The withdrawal shall be effective on
the June 30 following receipt by the board of directors of
written notification of the withdrawal by February 1 of the same
year. Notwithstanding the withdrawal, the proportionate share
of any expenses already certified to the withdrawing member for
the SC shall be paid to the SC board.
(d) The SC 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 the members.
(e) The SC is a public corporation and agency and as such,
no earnings or interests of the SC may inure to the benefit of
an individual or private entity.
Subd. 10. [ANNUAL MEETING.] Each SC shall conduct a
meeting at least annually for its members.
Subd. 11. [JOINT POWERS ACT.] Nothing in this section
shall restrict the authority granted to school district boards
of education by section 471.59.
Sec. 26. Minnesota Statutes 1994, section 123.70,
subdivision 8, is amended to read:
Subd. 8. The administrator or other person having general
control and supervision of the elementary or secondary school
shall file a report with the commissioner of education on all
persons enrolled in the school, except that the superintendent
of each school district shall file a report with the
commissioner of education for all persons within the district
receiving instruction in a home school in compliance with
sections 120.101 and 120.102. The parent of persons receiving
instruction in a home school shall submit the statements as
required by subdivisions 1, 2, 3, and 4 to the superintendent of
the school district in which the person resides by October 1 of
each school year. The school report shall be prepared on forms
developed jointly by the commissioner of health and the
commissioner of education and be distributed to the local school
districts by the commissioner of health and shall state the
number of persons attending the school, the number of persons
who have not been immunized according to subdivision 1 or 2, and
the number of persons who received an exemption under
subdivision 3, clause (c) or (d). The school report shall be
filed with the commissioner of education within 60 days of the
commencement of each new school term. Upon request, a district
shall be given a 60-day extension for filing the school report.
The commissioner of education shall forward the report, or a
copy thereof, to the commissioner of health who shall provide
summary reports to boards of health as defined in section
145A.02, subdivision 2. The administrator or other person
having general control and supervision of the child care
facility shall file a report with the commissioner of human
services on all persons enrolled in the child care facility.
The child care facility report must be prepared on forms
developed jointly by the commissioner of health and the
commissioner of human services and be distributed to child care
facilities by the commissioner of health and must state the
number of persons enrolled in the facility, the number of
persons with no immunizations, the number of persons who
received an exemption under subdivision 3, clause (c) or (d),
and the number of persons with partial or full immunization
histories. The child care facility report shall be filed with
the commissioner of human services by November 1 of each year.
The commissioner of human services shall forward the report, or
a copy thereof, to the commissioner of health who shall provide
summary reports to boards of health as defined in section
145A.02, subdivision 2. The report required by this subdivision
is not required of a family child care or group family child
care facility, for prekindergarten children enrolled in any
elementary or secondary school provided services according to
section 120.17, subdivision 2, nor for child care facilities in
which at least 75 percent of children in the facility
participate on a one-time only or occasional basis to a maximum
of 45 hours per child, per month.
Sec. 27. Minnesota Statutes 1994, section 124.193, is
amended to read:
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 except that a cooperative unit may apply
for and receive a grant on behalf of its members.
Sec. 28. Minnesota Statutes 1994, section 126.031,
subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTION REQUIRED PERMITTED.] Every
public elementary and secondary school shall may provide an
instructional program in chemical abuse and the prevention of
chemical dependency. The school districts shall involve
parents, students, health care professionals, state department
staff, and other members of the community with a particular
interest in chemical dependency prevention in developing the
curriculum.
Sec. 29. Minnesota Statutes 1994, section 126.78,
subdivision 2, is amended to read:
Subd. 2. [GRANT APPLICATION.] To be eligible to receive a
grant, a school district, an education district, a service
cooperative, 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.
Sec. 30. [127.311] [GOOD FAITH EXCEPTION.]
A violation of the technical provisions of the pupil fair
dismissal act of 1974, made in good faith, is not a defense to a
disciplinary procedure under the act unless the pupil can
demonstrate actual prejudice as a result of the violation.
Sec. 31. Minnesota Statutes 1994, section 127.40, is
amended to read:
127.40 [DEFINITIONS.]
Subdivision 1. [REMOVAL FROM CLASS.] "Removal from class"
and "removal" mean any actions taken by a teacher, principal, or
other school district employee to prohibit a pupil from
attending a class or activity period for a period of time not to
exceed three class or activity periods five days, pursuant to
procedures established in the school district discipline policy
adopted by the school board pursuant to section 127.41.
Subd. 2. [CLASS PERIOD.] "Class period" or "activity
period" means, in secondary grades, instruction for a given
course of study. A class period or activity period means, in
elementary grades, a period of time not to exceed one hour,
regardless of the subject of instruction a period of time as
defined in the district's written discipline policy.
Subd. 3. [SCHOOL SITE MEDIATION BOARD.] "School site
mediation board" means a board representative of parents of
students in the building, staff, and students that shall have
the responsibilities as defined in section 127.411. The
principal or other person having general control and supervision
of the school, shall serve as an ex officio member of the board.
Subd. 4. [SCHOOL-BASED OMBUDSPERSON.] "School-based
ombudsperson" means an administrator, a teacher, a parent, or a
student representative who shall have the responsibilities as
outlined in section 127.412.
Sec. 32. Minnesota Statutes 1994, section 127.41, is
amended to read:
127.41 [DISCIPLINE AND REMOVAL OF STUDENTS FROM CLASS.]
Subdivision 1. [REQUIRED POLICY.] Prior to the beginning
of the 1984-1985 school year Each school board shall adopt a
written districtwide school discipline policy which shall
include written rules of conduct for pupils students, minimum
consequences for violations of the rules, and grounds and
procedures for removal of pupils a student from class. The
policy shall be developed with the participation of
administrators, teachers, employees, pupils, parents, community
members, and such other individuals or organizations as the
board determines appropriate. A school site council may adopt
additional provisions to the policy subject to the approval of
the school board.
Subd. 2. [GROUNDS FOR REMOVAL FROM CLASS.] The policy
shall establish the various grounds for which a pupil student
may be removed from a class in the district for a period of time
pursuant to the procedures specified in the policy. The grounds
in the policy shall include at least the following provisions as
well as other grounds determined appropriate by the board:
(a) willful conduct which materially and substantially
disrupts the rights of others to an education;
(b) willful conduct which endangers school district
employees, the pupil or other pupils student or other students,
or the property of the school;
(c) willful violation of any rule of conduct specified in
the discipline policy adopted by the board.
Subd. 3. [POLICY COMPONENTS.] The policy shall include at
least the following components:
(a) rules governing pupil student conduct and procedures
for informing pupils students of the rules;
(b) the grounds for removal of a pupil student from a
class;
(c) the authority of the classroom teacher to remove pupils
students from the classroom pursuant to procedures and rules
established in the district's policy;
(d) the procedures for removal of a pupil student from a
class by a teacher, school administrator, or other school
district employee;
(e) the period of time for which a pupil student may be
removed from a class, which may not exceed three five class
periods for a violation of a rule of conduct;
(f) provisions relating to the responsibility for and
custody of a pupil student removed from a class;
(g) the procedures for return of a pupil student to the
specified class from which the pupil student has been removed;
(h) the procedures for notifying pupils and parents or
guardians a student and the student's parents or guardian of
violations of the rules of conduct and of resulting disciplinary
actions;
(i) any procedures determined appropriate for encouraging
early involvement of parents or guardians in attempts to improve
a pupil's student's behavior;
(j) any procedures determined appropriate for encouraging
early detection of behavioral problems;
(k) any procedures determined appropriate for referring
pupils a student in need of special education services to those
services;
(1) the procedures for consideration of whether there is a
need for a further assessment or of whether there is a need for
a review of the adequacy of a current individual education plan
of a pupil student with a disability who is removed from class;
and
(m) procedures for detecting and addressing chemical abuse
problems of pupils a student while on the school premises;
(n) the minimum consequences for violations of the code of
conduct; and
(o) procedures for immediate and appropriate interventions
tied to violations of the code.
Sec. 33. [127.411] [SCHOOL SITE MEDIATION BOARD.]
Subdivision 1. [BOARD ALLOWED.] A school district or
school site council may establish a school site mediation
board. The board shall consist of equal numbers of staff and
parents and, in the case of secondary schools, student
representatives. Members shall be representative of the school
community and shall be selected by a method as determined in the
district's discipline policy.
Subd. 2. [PURPOSES AND DUTIES.] The board shall mediate
issues in dispute at the school site related to the
implementation of district and school site codes of conduct
under sections 127.40 to 127.413, and the application of the
codes to a student.
Sec. 34. [127.412] [OMBUDSPERSON SERVICE.]
A school district or school site council may establish an
ombudsperson service for students, parents, and staff. The
service shall consist of an administrator, a student, a parent,
and a teacher. The school site shall notify students, parents,
and staff of the availability of the service. The service shall
provide advocacy for enforcement of the codes of conduct and the
procedures to remediate disputes related to implementation of
the code of conduct and the goals of the school in maintaining
an orderly learning environment for all students.
Sec. 35. [127.413] [NOTIFICATION.]
Representatives of the school board and the exclusive
representative of the teachers shall discuss issues related to
notification prior to placement in classrooms of students with
histories of violent behavior and any need for intervention
services or conflict resolution or training for staff in such
cases.
Sec. 36. Minnesota Statutes 1994, section 127.42, is
amended to read:
127.42 [REVIEW OF POLICY.]
The principal and the licensed employees or other person
having general control and supervision of the school, and
representatives of parents, students, and staff in a school
building shall confer at least annually to review the discipline
policy and to assess whether the policy has been enforced. Each
school board shall conduct an annual review of the districtwide
discipline policy.
Sec. 37. [136D.93] [OTHER MEMBERSHIP AND POWERS.]
In addition to the districts listed in sections 136D.21,
136D.71, and 136D.81, the agreement of an intermediate school
district established under this chapter may provide for the
membership of other school districts and cities, counties, and
other governmental units as defined in section 471.59. In
addition to the powers listed in sections 136D.25, 136D.73, and
136D.84, an intermediate school board may provide the services
defined in section 123.582, subdivisions 7 and 8.
Sec. 38. Laws 1994, chapter 647, article 3, section 25, is
amended to read:
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 or alternative
aggregate reporting format 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 or
alternative aggregate reporting format 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. 39. [SUCCESSOR TO ECSUS.]
Each service cooperative established under section 25 is a
continuation of the ECSU it replaces. The service cooperative
is the legal successor in all respects of the ECSU, without need
of further proceedings of any kind. The personnel of the ECSU
become personnel of the service cooperative, retaining all their
rights and benefits. All property, obligations, assets, and
liabilities of the ECSU become the property, obligations,
assets, and liabilities of the service cooperative.
Sec. 40. [SC INSURANCE POOLS.]
(a) A service cooperative shall provide all financial
information that deals with revenues and expenses on behalf of
local school districts that have pooled for insurance purposes.
(b) All service cooperative insurance advisory labor
management committees must have representation from all
exclusive representatives. The representation must be provided
by appointment by the respective exclusive representatives.
Sec. 41. [COMBINED FINANCIAL STATEMENT.]
For fiscal year 1995, independent school district Nos. 209,
Kensington; 262, Barret; 263, Elbow Lake; and 265, Hoffman, may
submit a combined audited financial statement to comply with the
requirement of Minnesota Statutes, section 121.908, subdivision
3. The individual districts must also submit separate uniform
financial accounting and reporting standards data for fiscal
year 1995, according to Minnesota Statutes, section 121.908,
subdivisions 2 and 3.
Sec. 42. [REPEALER.]
Minnesota Statutes 1994, sections 3.198; 121.93; 121.936;
and 123.58, are repealed.
Sec. 43. [EFFECTIVE DATE.]
Section 19 applies to contracts to take effect on or after
July 1, 1995.
ARTICLE 10
LIBRARIES
Section 1. Minnesota Statutes 1994, section 134.155, is
amended to read:
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 education program in the state of Minnesota.
Subd. 3. [PROGRAM REQUIREMENTS.] (a) A grant recipient
shall recruit people of color to be librarians library staff 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 may 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 a library education 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 1994, section 134.34,
subdivision 4a, is amended to read:
Subd. 4a. [SUPPORT GRANTS.] In state fiscal years 1993,
1994, and 1995, and 1996, a regional library basic system
support grant also may be made to a regional public library
system for a participating city or county which meets the
requirements under paragraph (a) or (b).
(a) The city or county decreases the dollar amount provided
by it for operating purposes of public library service if the
amount provided by the city or county is not less than the
amount provided by the city or county for such purposes in the
second preceding year.
(b)(1) The city or county provided for operating purposes
of public library services an amount exceeding 125 percent of
the state average percentage of the adjusted net tax capacity or
125 percent of the state average local support per capita; and
(2) the local government aid distribution for the current
calendar year under chapter 477A has been reduced below the
originally certified amount for payment in the preceding
calendar year, if the dollar amount of the reduction from the
previous calendar year in support for operating purposes of
public library services is not greater than the dollar amount by
which support for operating purposes of public library service
would be decreased if the reduction in support were in direct
proportion to the local government aid reduction as a percentage
of the previous calendar year's revenue base as defined in
section 477A.011, subdivision 27. Determination of a grant
under paragraph (b) shall be based on the most recent calendar
year for which data are available.
The city or county shall file a report with the department
of education indicating the dollar amount and percentage of
reduction in public library operating funds.
Sec. 3. Minnesota Statutes 1994, section 134.351,
subdivision 4, is amended to read:
Subd. 4. [GOVERNANCE.] (a) In any area where the
boundaries of a proposed multicounty, multitype library system
coincide with the boundaries of the regional library system or
district, the regional library system or district board shall be
designated as the governing board for the multicounty, multitype
library system. In any area where a proposed multicounty,
multitype library system encompasses more than one regional
library system or district, the governing board of the
multicounty, multitype library system shall consist of nine
members appointed by the cooperating regional library system or
district boards from their own membership in proportion to the
population served by each cooperating regional library system or
district. In each multicounty, multitype library system there
shall be established an advisory committee consisting of two
representatives of public libraries, two representatives of
school media services, one representative of special libraries,
one representative of public supported academic libraries, and
one representative of private academic libraries. The advisory
committee shall recommend needed policy to the system governing
board.
(b) Upon recommendation from its advisory committee, a
multitype library cooperation system governing board may choose
to reconstitute the governance of the multitype system by the
creation of a combined board which replaces the previous
governing board and advisory committee. A combined board shall
consist of five or seven citizens, not employed in library or
information services, and four library or information service
workers. The constituent regional public library system boards
shall select the citizen members from the at-large population of
the region. In any area where a multicounty, multitype library
system encompasses more than one regional public library system,
cooperating regional system boards shall appoint citizen members
of the combined board members in proportion to the population of
each cooperating regional system. The combined board members
who are library and information workers shall be selected, one
from each type of library: academic, public, school, and
special. Governing board members of the combined board shall
serve two-year terms for no more than three successive terms
with the members of the first combined board serving one- and
two-year terms as determined by lot with a simple majority
serving for two years. Elections shall be pursuant to the
adopted bylaws of the multitype system and may provide
additional requirements to those in this section. New combined
governing boards shall take effect at the beginning of the
fiscal year, July 1, and shall continue the authority,
ownership, and obligations of the previously constituted
multitype system in its region.
Sec. 4. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
to the department of education for the fiscal years designated.
Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
according to Minnesota Statutes, sections 134.32 to 134.35:
$7,819,000 ..... 1996
$7,819,000 ..... 1997
The 1996 appropriation includes $1,172,000 for 1995 and
$6,647,000 for 1996.
The 1997 appropriation includes $1,172,000 for 1996 and
$6,647,000 for 1997.
Subd. 3. [LIBRARIANS OF COLOR.] For the librarians of
color program according to Minnesota Statutes, section 134.155:
$55,000 ..... 1996
$55,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [CHILDREN'S LIBRARY SERVICES GRANTS.] For grants
for collaborative programs to strengthen library services to
children, young people, and their families:
$50,000 ..... 1996
$50,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants according to Minnesota Statutes, sections 134.353 and
134.354, to multicounty, multitype library systems:
$527,000 ..... 1996
$527,000 ..... 1997
The 1996 appropriation includes $79,000 for 1995 and
$448,000 for 1996.
The 1997 appropriation includes $79,000 for 1996 and
$448,000 for 1997.
ARTICLE 11
STATE AGENCIES
Section 1. Minnesota Statutes 1994, section 124C.07, is
amended to read:
124C.07 [COMPREHENSIVE ARTS PLANNING PROGRAM.]
The department of education Minnesota center for arts
education shall prescribe the form and manner of application by
one or more school districts to be designated as a site to
participate in the comprehensive arts planning program. Up to
30 sites may be selected. The department of education center
shall designate sites in consultation with the Minnesota
alliance for arts in education, the Minnesota center for arts
education, and the Minnesota state arts board.
Sec. 2. Minnesota Statutes 1994, section 124C.08,
subdivision 2, is amended to read:
Subd. 2. [CRITERIA.] The center, in consultation with the
comprehensive arts planning program state steering committee,
shall establish criteria for site selection. Criteria shall
include at least the following:
(1) a willingness by the district or group of districts to
designate a program chair for comprehensive arts planning with
sufficient authority to implement the program;
(2) a willingness by the district or group of districts to
create a committee comprised of school district and community
people whose function is to promote comprehensive arts education
in the district;
(3) commitment on the part of committee members to
participate in training offered by the department of education;
(4) a commitment of the committee to conduct a needs
assessment of arts education;
(5) commitment by the committee to evaluate its involvement
in the program;
(6) a willingness by the district to adopt a long-range
plan for arts education in the district;
(7) no previous involvement of the district in the
comprehensive arts planning program, unless that district has
joined a new group of districts; and
(8) (7) location of the district or group of districts to
assure representation of urban, suburban, and rural districts
and distribution of sites throughout the state.
Sec. 3. Minnesota Statutes 1994, section 126A.01, is
amended to read:
126A.01 [ENVIRONMENTAL EDUCATION GOALS AND PLAN.]
The environmental education program described in this
chapter has these goals for the pupils and other citizens of
this state:
(a) Pupils and citizens should be able to apply informed
decision-making processes to maintain a sustainable lifestyle.
In order to do so, citizens should:
(1) to understand ecological systems;
(2) to understand the cause and effect relationship between
human attitudes and behavior and the environment;
(3) to be able to analyze, develop, and use problem-solving
skills to understand the decision-making process of individuals,
institutions, and nations regarding environmental issues;
(4) to be able to evaluate alternative responses to
environmental issues before deciding on alternative courses of
action; and
(5) (4) to understand the potential complementary nature
effects of multiple uses of the environment;.
(6) to provide experiences to assist citizens to increase
their sensitivity and stewardship for the environment; and
(7) to provide the (b) Pupils and citizens shall have
access to information citizens need and experiences needed to
make informed decisions about actions to take on environmental
issues.
(c) For purposes of this chapter, "state plan" means
"Greenprint for Minnesota: A State Plan for Environmental
Education."
Sec. 4. Minnesota Statutes 1994, section 126A.02,
subdivision 2, is amended to read:
Subd. 2. [BOARD MEMBERS.] A 17-member environmental
education board shall advise the director commissioner of
education. The board is made up of the commissioners of the
department of natural resources; the pollution control agency;
the department of agriculture; the department of education; the
director of the office of strategic and long-range planning; the
chair of the board of water and soil resources; the executive
director of the higher education coordinating board; the
executive secretary of the board of teaching; the director of
the extension service; and eight citizen members representing
diverse interests appointed by the governor. The governor shall
appoint one citizen member from each congressional district.
The citizen members are subject to section 15.0575. Two of the
citizen members appointed by the governor must be licensed
teachers currently teaching in the K-12 system. The governor
shall annually designate a member to serve as chair for the next
year.
Sec. 5. Minnesota Statutes 1994, section 128A.02,
subdivision 1, is amended to read:
Subdivision 1. [TO MANAGE GOVERN.] The state board of
education must manage shall govern the state academy for the
deaf and the state academy for the blind.
Sec. 6. Minnesota Statutes 1994, section 128A.02,
subdivision 3, is amended to read:
Subd. 3. [MOST BENEFICIAL, LEAST RESTRICTIVE.] The state
board must do what is necessary to provide the most beneficial
and least restrictive program of education for each pupil at the
academies who is handicapped by visual disability or hearing
impairment deafness.
Sec. 7. Minnesota Statutes 1994, section 128A.02, is
amended by adding a subdivision to read:
Subd. 3b. [PLANNING, EVALUATION, AND REPORTING.] To the
extent required in school districts, the state board must
establish a process for the academies to include parent and
community input in the planning, evaluation, and reporting of
curriculum and pupil achievement.
Sec. 8. Minnesota Statutes 1994, section 128A.02,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY COUNCIL SITE COUNCILS.] The state board
must have may establish, and appoint members to, an advisory
council on management policies at the state academies a site
council at each academy. The site councils shall exercise power
and authority granted by the state board. The state board must
appoint to each site council the exclusive representative's
employee designee from each exclusive representative at the
academies.
Sec. 9. Minnesota Statutes 1994, section 128A.021, is
amended to read:
128A.021 [RESOURCE CENTER: HEARING AND VISUALLY
IMPAIRED CENTERS; DEAF OR HARD OF HEARING AND BLIND OR VISUALLY
IMPAIRED.]
Subdivision 1. [ALSO FOR MULTIPLY DISABLED.] A resource
center Resource centers for the hearing-impaired, visually
impaired, and deaf or hard of hearing, and the blind or visually
impaired, each also serving multiply disabled pupils is
established at, are transferred to the state academies
department of education.
Subd. 2. [PROGRAMS.] The resource center centers must
offer summer institutes and like programs throughout the state
for hearing-impaired, visually impaired deaf or hard of hearing,
blind or visually impaired, and multiply disabled pupils. The
resource center centers must also offer workshops for teachers,
and leadership development for teachers.
A program offered through the resource center centers must
promote and develop education programs offered by school
districts or other organizations. The program must assist
school districts or other organizations to develop innovative
programs.
Subd. 3. [PROGRAMS BY NONPROFITS.] The resource center
centers may contract to have nonprofit organizations provide
programs through the resource center centers.
Subd. 4. [ADVISORY COUNCIL COMMITTEES.] The advisory
council for the academies is the advisory council for the
resource center. The special education advisory council shall
establish an advisory committee for each resource center. The
advisory committees shall develop recommendations regarding the
resource centers.
Sec. 10. Minnesota Statutes 1994, section 128A.022,
subdivision 1, is amended to read:
Subdivision 1. [PERSONNEL.] The state board of education
may employ central administrative staff members and other
personnel necessary to provide and support programs and services
in at each academy.
Sec. 11. Minnesota Statutes 1994, section 128A.022,
subdivision 6, is amended to read:
Subd. 6. [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a)
The state board may enter into agreements with teacher-preparing
teacher preparation institutions for student teachers to get
practical experience at the academies. A licensed teacher must
provide appropriate supervision of each student teacher.
(b) The state board may enter into agreements with
accredited higher education institutions for certain student
trainees to get practical experience at the academies. The
students must be preparing themselves in a professional field
that provides special services to children with a disability in
school programs. To be a student trainee in a field, a person
must have completed at least two years of an approved program in
the field. A person who is licensed or registered in the field
must provide appropriate supervision of each student trainee.
Sec. 12. Minnesota Statutes 1994, section 128A.024,
subdivision 4, is amended to read:
Subd. 4. [EDUCATION WITH PUPILS WITHOUT A DISABILITY.] The
academies must provide opportunities for their pupils to be
educated with pupils without a disability. A pupil's
opportunities must be consistent with the pupil's individual
education plan or individual family service plan and assessment.
Sec. 13. Minnesota Statutes 1994, section 128A.025,
subdivision 1, is amended to read:
Subdivision 1. [ACADEMIES' ADMINISTRATOR.] The position of
the residential academies' chief administrator at each academy
is in the unclassified service.
Sec. 14. Minnesota Statutes 1994, section 128A.025,
subdivision 2, is amended to read:
Subd. 2. [TEACHER STANDARDS.] A teacher or administrator
at the academies is subject to the licensure standards of the
board of teaching and or the state board of education.
Sec. 15. Minnesota Statutes 1994, section 128A.026, is
amended to read:
128A.026 [STATE BOARD RULES ADOPTED PROCEDURES.]
Subdivision 1. [SUBJECTS.] The rules of the state board of
education authorized in section 128A.02 must establish
procedures for:
(1) admission, including short-term admission, to the
academies;
(2) discharge from the academies;
(3) decisions on a pupil's program at the academies; and
(4) evaluation of a pupil's progress at the academies.
Subd. 2. [MINIMUM CONTENT.] The discharge procedures must
include reasonable notice to the child's district of residence.
The procedures set out in the rules must guarantee a pupil and
the pupil's parent or guardian appropriate safeguards. The
safeguards must include a review of the placement determination
made under sections 120.17 and 128A.05 and the right to
participate in educational program decisions.
Subd. 3. [NOT CONTESTED CASE.] A proceeding about
admission to or discharge from the academies or about a pupil's
program or progress at the academies is not a contested case
under section 14.02. The proceeding is governed instead by the
rules of the state board described in this section governing
special education.
Sec. 16. Minnesota Statutes 1994, section 128A.05,
subdivision 1, is amended to read:
Subdivision 1. [TWO KINDS.] There are two kinds of
admission to the academies.
(a) A pupil who is deaf or hearing-impaired, hard of
hearing, or blind-deaf, may be admitted to the academy for the
deaf. A pupil who is visually blind or visually impaired,
blind-deaf, or multiply handicapped may be admitted to the
academy for the blind. For a pupil to be admitted, two
decisions must be made under section 120.17.
(1) It must be decided by the individual education planning
team that education in regular or special education classes in
the pupil's district of residence cannot be achieved
satisfactorily because of the nature and severity of the hearing
deafness or visual blindness or visual impairment respectively.
(2) It must be decided by the individual education planning
team that the academy provides the most appropriate placement
within the least restrictive alternative for the pupil.
(b) A deaf or hearing-impaired hard of hearing child or a
visually impaired pupil may be admitted to get socialization
skills or on a short-term basis for skills development.
Sec. 17. Minnesota Statutes 1994, section 128A.05,
subdivision 2, is amended to read:
Subd. 2. [MULTIPLY HANDICAPPED.] This section does not
prevent a pupil with handicaps in addition to being
(1) deaf or hearing-impaired hard of hearing, or
(2) blind or visually impaired
from attending the academy for the deaf or the academy for the
blind, respectively.
Sec. 18. Laws 1993, chapter 224, article 8, section 21,
subdivision 1, is amended to read:
Subdivision 1. [ARTS CENTER.] The sums indicated in this
section are appropriated from the general fund to the Minnesota
center for arts education in the fiscal year designated:
$387,000 ..... 1994
$421,000 ..... 1995
Of the fiscal year 1994 appropriation, $225,000 is to fund
artist and arts organization participation in the education
residency project, $75,000 is for school support for the
residency project, and $87,000 is for further development of the
partners: arts and school for students (PASS) program,
including pilots. Of the fiscal year 1995 appropriation,
$215,000 is to fund artist and arts organizations participation
in the education residency project, $75,000 is for school
support for the residency project, and $121,000 is to fund the
PASS program, including additional pilots. The guidelines for
the education residency project and the PASS program shall be
developed and defined by the Minnesota arts board. The
Minnesota arts board shall participate in the review and
allocation process. The center for arts education shall
cooperate with the Minnesota arts board to fund these projects.
Any balance remaining in the first year does not cancel, but is
available in the second year.
Sec. 19. Laws 1992, chapter 499, article 11, section 9, as
amended by Laws 1994, chapter 647, article 5, section 17, 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. Because of the topography of the site, and the need
to relocate Parshall street, Faribault, to accommodate the
construction of a new elementary school, independent school
district No. 656, Faribault, may exchange two small parcels, 2.5
to 4.5 acres each, of the land described in paragraph (b) for
parcels of comparable value, contiguous to the land. In
addition, independent school district No. 656, Faribault, is
purchasing a parcel of about 4.7 acres immediately south of the
land described in paragraph (b). A portion of the land is to be
dedicated for the relocation of Parshall street.
(d) The state may convey the land described in paragraph
(b), without reverter, to independent school district No. 656,
Faribault, so that the land transfers may occur. Once the
transfers have occurred and there is a unified parcel for the
new elementary school, independent school district No. 656,
Faribault, shall convey the entire parcel back to the state,
and, the state shall convey this unified parcel back to
independent school district No. 656, Faribault, with the right
of reverter to the state.
(e) 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 of $1.
Subd. 3. [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 If the unified parcel in subdivision 1,
paragraph (d), conveyed by the state to independent school
district No. 656, Faribault, is not used for a public purpose,
or upon discontinuance of such use, the title for the property
shall revert to the state.
Sec. 20. Laws 1993, chapter 224, article 12, section 32,
as amended by Laws 1993, chapter 374, section 22, is amended to
read:
Sec. 32. [REPEALER.]
(a) Minnesota Statutes 1992, sections 120.095; 120.101,
subdivision 5a; 120.75, subdivision 2; 120.80, subdivision 2;
121.11, subdivisions 6 and 13; 121.165; 121.19; 121.49; 121.883;
121.90; 121.901; 121.902; 121.904, subdivisions 5, 6, 8, 9, 10,
11a, and 11c; 121.908, subdivision 4; 121.9121, subdivisions 3
and 5; 121.931, subdivisions 6, 6a, 7, and 8; 121.934; 121.936
subdivisions 1, 2, and 3; 121.937; 121.94; 121.941; 121.942;
121.943; 123.33, subdivisions 10, 14, 15, and 16; 123.35,
subdivision 14; 123.352; 123.36, subdivisions 2, 3, 4, 4a, 6, 8,
9, and 12; 123.40, subdivisions 4 and 6; 123.61; 123.67;
123.709; 123.744; 124.615; 124.62; 124.64; 124.645; 124.67;
124.68; 124.69; 124.79; 125.12, subdivisions 3a and 4a; 125.17,
subdivisions 2a and 3a; 126.09; 126.111; 126.112; 126.20,
subdivision 4; 126.24; and 126.268, are repealed.
(b) Minnesota Statutes 1992, section 121.11, subdivision
15, is repealed.
(c) Minnesota Statutes 1992, sections 120.101, subdivision
5b; 121.11, subdivision 16; 121.585, subdivision 3; 124.19,
subdivisions 1, 1b, 6, and 7; 126.02; 126.025; 126.031; 126.06;
126.08; 126.12, subdivision 2; 126.662; 126.663; 126.664;
126.665; 126.666; 126.67; 126.68; 126A.01; 126A.02; 126A.04;
126A.05; 126A.07; 126A.08; 126A.09; 126A.10; 126A.11; and
126A.12, are repealed.
Sec. 21. [APPROPRIATIONS; 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 years designated.
Subd. 2. [DEPARTMENT.] For the department of education:
$23,150,000 ..... 1996
$21,803,000 ..... 1997
(a) Any balance in the first year does not cancel but is
available in the second year.
(b) $21,000 each year is from the trunk highway fund.
(c) $522,000 each year is for the academic excellence
foundation.
Up to $50,000 each year is contingent upon the match of $1
in the previous year from private sources consisting of either
direct monetary contributions or in-kind contributions of
related goods or services, for each $1 of the appropriation.
The commissioner of education must certify receipt of the money
or documentation for the private matching funds or in-kind
contributions. The unencumbered balance from the amount
actually appropriated from the contingent amount in 1996 does
not cancel but is available in 1997. The amount carried forward
must not be used to establish a larger annual base appropriation
for later fiscal years.
(d) $204,000 each year is for the state board of education.
(e) $227,000 each year is for the board of teaching.
(f) $775,000 each year is for educational effectiveness
programs according to Minnesota Statutes, sections 121.602 and
121.608.
(g) $60,000 each year is for contracting with the state
fire marshal to provide the services required according to
Minnesota Statutes, section 121.1502.
(h) $400,000 each year is for health and safety management
assistance contracts under Minnesota Statutes, section 124.83.
(i) The expenditures of federal grants and aids as shown in
the biennial budget document and its supplements are approved
and appropriated and shall be spent as indicated.
(j) The commissioner shall maintain no more than five total
complement in the categories of commissioner, deputy
commissioner, assistant commissioner, assistant to the
commissioner, and executive assistant.
The department of education may establish full-time,
part-time, or seasonal positions as necessary to carry out
assigned responsibilities and missions. Actual employment
levels are limited by the availability of state funds
appropriated for salaries, benefits, and agency operations or
funds available from other sources for such purposes.
(k) The department of education shall develop a performance
report on the quality of its programs and services. The report
must be consistent with the process specified in Minnesota
Statutes, sections 15.90 to 15.92. The goals, objectives, and
measures of this report must be developed in cooperation with
the chairs of the finance divisions of the education committees
of the house of representatives and senate, the department of
finance, and the office of legislative auditor. The report
prepared in 1995 must include a complete set of goals,
objectives, and measures for the department. The report
presented in 1996 and subsequent years must include data to
indicate the progress of the department in meeting its goals and
objectives.
The department of education must present a plan for a
biennial report on the quality and performance of key education
programs in Minnesota's public early childhood, elementary,
middle, and secondary education programs. To the extent
possible, the plan must be consistent with Minnesota Statutes,
sections 15.90 to 15.92. The department must consult with the
chairs of the finance divisions of the education committees of
the house of representatives and senate, the department of
finance, and the office of legislative auditor in developing
this plan. The plan for this report must be presented in 1995
and the first biennial report presented in 1996.
(l) The commissioner of education shall perform a
facilities standards evaluation of public elementary and
secondary facilities in the state. This evaluation shall
include a measure of the following:
(1) the physical condition of education facilities;
(2) the level of utilization relative to the capacity of
education facilities;
(3) the intensity of technological use in both
administrative and instructional areas in education facilities;
(4) the alignment between education programs in place and
the structure of education facilities; and
(5) an estimate of facility construction over the next
decade.
This evaluation may be based on a sample of facilities but
must include geographic breakdowns of the state.
The report shall indicate which construction and repair of
district facilities is required to bring a district into
compliance with fire safety codes, occupational safety and
health requirements, and the Americans with Disabilities Act.
The commissioner shall recommend to the 1996 legislature
standards for the review and comment process under Minnesota
Statutes, section 121.15. The standards must integrate the use
of technology, both current and potential, flexible scheduling,
and program adjustments relative to implementation of the
graduation rule.
(m) $120,000 is for a feasibility and design study to
develop a statewide student performance accountability report.
The department must identify and assess the current availability
of critical data-based information about student performance and
feasibility of using information from the existing sources,
recommend additional data-based elements and data collection
strategies that will provide for ongoing assessment of
educational reform and improvement, and recommend methods for
improving the coordination and dissemination of local
accountability reports as part of a statewide reporting system.
The study must include a statewide implementation and budget
plan. The study process must involve other government units,
school and citizen leaders, and members of higher education
concerned with the education and development of children and
youth. It must also consider ways to access the research and
development capacity of institutions of higher education in
Minnesota. The commissioner shall report the results of the
study to the education committees of the legislature and the
state board of education by February 1, 1996.
(n) $1,000,000 in fiscal year 1996 is for grants to special
school district No. 1, Minneapolis, and independent school
district No. 625, St. Paul, for after school enrichment pilot
programs targeted towards junior high and middle school
students. These programs shall be developed collaboratively
with city government, park boards, family services
collaboratives, and any other community organizations offering
similar programming. Any balance remaining in the first year
does not cancel but is available in the second year.
(o) $188,000 each year is appropriated from the special
revenue fund for the graduation rule. The department
appropriation is to be used to fund continued assessment and
standards development and piloting; to broaden public
understanding through communication; to continue development of
learning benchmarks; for ongoing statewide assessment efforts;
to develop system performance standards; and to provide
technical assistance to schools throughout the state. The
appropriation from the special revenue fund is to be used for
appropriate development efforts in health-related standards and
assessments. Any amount of this appropriation does not cancel
and shall be carried forward to the following fiscal year.
Notwithstanding any law to the contrary, the commissioner may
contract for national expertise and related services in each of
these development areas. Notwithstanding Minnesota Statutes,
section 15.53, subdivision 2, the commissioner of education may
contract with a school district for a period no longer than five
consecutive years for the services of an educator to work in the
development, implementation, or both, of the graduation rule.
The commissioner may contract for services and expertise as
necessary for development and implementation of the graduation
standards. Notwithstanding any law to the contrary, the
contracts are not subject to the contract certification
procedures of the commissioner of administration or of Minnesota
Statutes, chapter 16B, and are not subject to or included in any
spending limitations on contracts.
(p) $600,000 in 1996 and $350,000 in 1997 is for transition
aid for information support.
(q) Up to $50,000 each year is for grants to school
districts for mentorship cooperative ventures between school
districts and post-secondary teacher preparation institutions
for alternative licensure programs according to Minnesota
Statutes, section 125.188.
(r) Up to $50,000 each year is for GED coordination.
Subd. 3. [CHARTER SCHOOL EVALUATION.] For the state board
of education to evaluate the performance of charter schools
authorized according to Minnesota Statutes, section 120.064:
$75,000 ..... 1996
The state board must review and comment on the evaluation,
by the chartering school district, of the performance of a
charter school before that charter school's contract is
renewed. The state board may provide assistance to a school
district in evaluating a charter school that has been chartered
by that school board. The board must report annually to the
education committees of the legislature on the results of its
evaluations. This amount is available until June 30, 1997.
Sec. 22. [APPROPRIATIONS; MINNESOTA CENTER FOR ARTS
EDUCATION.]
The sums indicated in this section are appropriated from
the general fund to the Minnesota center for arts education for
the fiscal years designated:
$5,217,000 ..... 1996
$5,217,000 ..... 1997
Of the fiscal year 1996 appropriation, $154,000 is to fund
artist and arts organization participation in the education
residency and education technology projects, $75,000 is for
school support for the residency project, and $121,000 is for
further development of the partners: arts and school for
students (PASS) program, including pilots. Of the fiscal year
1997 appropriation, $154,000 is to fund artist and arts
organizations participation in the education residency project,
$75,000 is for school support for the residency project, and
$121,000 is to fund the PASS program, including additional
pilots. The guidelines for the education residency project and
the pass program shall be developed and defined by the Minnesota
arts board. The Minnesota arts board shall participate in the
review and allocation process. The center for arts education
shall cooperate with the Minnesota arts board to fund these
projects.
Any balance remaining in the first year does not cancel,
but is available in the second year.
The Minnesota center for arts education may establish
full-time, part-time, or seasonal positions as necessary to
carry out assigned responsibilities and missions. Actual
employment levels are limited by the availability of state funds
appropriated for salaries, benefits and agency operations or
funds available from other sources for such purposes.
In the next biennial budget, the Minnesota center for arts
education must assess its progress in meeting its established
performance measures and inform the legislature on the content
of that assessment. The information must include an assessment
of its progress by consumers and employees.
Sec. 23. [APPROPRIATIONS; FARIBAULT ACADEMIES.]
The sums indicated in this section are appropriated from
the general fund to the department of education for the
Faribault academies for the fiscal years designated:
$8,075,000 ..... 1996
$8,075,000 ..... 1997
Any balance in the first year does not cancel but is
available in the second year.
The state board of education may establish full-time,
part-time, or seasonal positions as necessary to carry out
assigned responsibilities and missions of the Faribault
academies. Actual employment levels are limited by the
availability of state funds appropriated for salaries, benefits
and agency operations or funds available from other sources for
such purposes.
In the next biennial budget, the academies must assess
their progress in meeting the established performance measures
for the Faribault academies and inform the legislature on the
content of that assessment. The information must include an
assessment of its progress by consumers and employees.
Sec. 24. [TRANSFER OF FUNDS.]
The commissioner of finance must transfer an amount agreed
on by the affected agencies from the appropriation for the
Faribault Academies to the appropriation to the department of
education that reflects the transfer of the resource centers
according to section 9.
Sec. 25. [REPEALER.]
Minnesota Statutes 1994, sections 128A.02, subdivisions 2
and 4; and 128A.03, are repealed.
Sec. 26. [EFFECTIVE DATE.]
Sections 18 and 19 are effective the day following final
enactment.
ARTICLE 12
TECHNOLOGY
Section 1. Minnesota Statutes 1994, section 16B.465, is
amended to read:
16B.465 [STATEWIDE TELECOMMUNICATIONS ACCESS ROUTING
SYSTEM.]
Subdivision 1. [CREATION.] The statewide
telecommunications access routing system provides voice, data,
video, and other telecommunications transmission services to
state agencies,; educational institutions, including public
schools as defined in section 120.05, nonpublic, church or
religious organization schools which provide instruction in
compliance with sections 120.101 to 120.102, and private
colleges ,; public corporations,; and state political
subdivisions. It is not a telephone company for purposes of
chapter 237. It shall not resell or sublease any services or
facilities to nonpublic entities except it may serve
private schools and colleges. The commissioner has the
responsibility for planning, development, and operations of a
statewide telecommunications access routing system in order to
provide cost-effective telecommunications transmission services
to system users.
Subd. 2. [ADVISORY COUNCIL.] The statewide
telecommunications access and routing system is managed by the
commissioner. Subject to section 15.059, subdivisions 1 to 4,
the commissioner shall appoint an advisory council to provide
advice in implementing and operating a statewide
telecommunications access and routing system. The council shall
represent the users of STARS services and shall include
representatives of higher education, public and private schools,
state agencies, and political subdivisions.
Subd. 3. [DUTIES.] The commissioner, after consultation
with the council, shall:
(1) provide voice, data, video, and other
telecommunications transmission services to the state and to
political subdivisions through an account in the
intertechnologies revolving fund;
(2) manage vendor relationships, network function, and
capacity planning in order to be responsive to the needs of the
system users;
(3) set rates and fees for services;
(4) approve contracts relating to the system;
(5) develop the system plan, including plans for the
phasing of its implementation and maintenance of the initial
system, and the annual program and fiscal plans for the system;
and
(6) develop a plan for interconnection of the network with
private colleges and public and private schools in the state.
Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may
require the participation of state agencies, the state board of
education, and the governing boards of the state universities,
the community colleges, and the technical colleges, and may
request the participation of the board of regents of the
University of Minnesota, in the planning and implementation of
the network to provide interconnective technologies. The
commissioner shall establish reimbursement rates in cooperation
with the commissioner of finance to be billed to participating
agencies and educational institutions sufficient to cover the
operating, maintenance, and administrative costs of the system.
(b) A direct appropriation made to an educational
institution for usage costs associated with the STARS network
must only be used by the educational institution for payment of
usage costs of the network as billed by the commissioner of
administration. The post-secondary appropriations may be
shifted between systems as required by unanticipated usage
patterns. An intersystem transfer must be requested by the
appropriate system and may be made only after review and
approval by the commissioner of finance, in consultation with
the commissioner of administration.
Subd. 6. [REVOLVING FUND.] Money appropriated for the
statewide telecommunications access routing system and fees for
telecommunications services must be deposited in an account in
the intertechnologies revolving fund. Money in the account is
appropriated annually to the commissioner to operate
telecommunications services.
Subd. 7. [EXEMPTION.] The system is exempt from the
five-year limitation on contracts set by section 16B.07,
subdivision 2.
Sec. 2. [120.0112] [STATE GOALS FOR SYSTEMIC CHANGE USING
TECHNOLOGICAL ADVANCES.]
The general framework outcomes for technology use in
education are:
(1) all Minnesota educational institutions, libraries, and
communities will have access to local, state, and worldwide
instructional resources databases;
(2) development of policies and procedures that assure
instructional resource availability to help students
successfully achieve education excellence and state standards;
(3) databases are accessible within each district and on
the Internet; and
(4) development of policies, procedures, and systems that
stimulate and promote teacher and student curriculum and
learning collaboration.
Sec. 3. Minnesota Statutes 1994, 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 to which the levy is 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.
(e) The revenue in paragraph (d) is increased by the
difference between the initial revenue and ITV lease costs for
leases that had been entered into by the preexisting districts
on the effective date of the consolidation or combination and
with a term not exceeding ten years. This increased revenue is
only available for the remaining term of the lease. However, in
no case shall the revenue exceed the amount available had the
preexisting districts received revenue separately.
Sec. 4. [124C.74] [TELECOMMUNICATION ACCESS GRANT AND
STATEWIDE COORDINATION.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] The purpose of
developing a statewide school district telecommunications
network is to expand the availability of a broad range of
courses and degrees to students throughout the state, to share
information resources to improve access, quality, and
efficiency, to improve learning, and distance cooperative
learning opportunities, and to promote the exchange of ideas
among students, parents, teachers, media generalists,
librarians, and the public. In addition, through the
development of this statewide telecommunications network
emphasizing cost-effective, competitive connections, all
Minnesotans will benefit by enhancing access to
telecommunications technology throughout the state. Network
connections for school districts and public libraries will be
coordinated and fully integrated into the existing state
telecommunications and interactive television networks to
achieve comprehensive and efficient interconnectivity of school
districts and libraries to higher education institutions, state
agencies, other governmental units, agencies, and institutions
throughout Minnesota. A school district may apply to the
commissioner for a grant under subdivision 2, and a regional
public library may apply under subdivision 3. The Minnesota
education telecommunication council established in section 7
shall establish priorities for awarding grants, making grant
awards, and being responsible for the coordination of networks.
Subd. 2. [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) A
school district may apply for a grant under this subdivision
to: (1) establish connections among school districts, and
between school districts and the MNet statewide
telecommunications network administered by the department of
administration under section 16B.465; or (2) if such a
connection meeting minimum electronic connectivity standards is
already established, enhance telecommunications capacity for a
school district. The minimum standards of capacity are a 56
kilobyte data line and 768 kilobyte ITV connection, subject to
change based on the recommendations by the Minnesota education
telecommunications council. A district may submit a grant
application for interactive television with higher capacity
connections in order to maintain multiple simultaneous
connections. To ensure coordination among school districts, a
school district must submit its grant application to the council
through an organization that coordinates the applications and
connections of at least ten school districts or through an
existing technology cooperative.
(b) The application must, at a minimum, contain information
to document for each applicant school district the following:
(1) that the proposed connection meets the minimum
standards and employs an open network architecture that will
ensure interconnectivity and interoperability with other
education institutions and libraries;
(2) that the proposed connection and system will be
connected to MNet through the department of administration under
section 16B.465 and that a network service and management
agreement is in place;
(3) that the proposed connection and system will be
connected to the higher education telecommunication network and
that a governance agreement has been adopted which includes
agreements between the school district system, a higher
education regional council, libraries, and coordinating
entities;
(4) the telecommunication vendor, which may be MNet,
selected to provide service from the district to an MNet hub or
to a more cost-effective connection point to MNet; and
(5) other information, as determined by the commissioner in
consultation with the education telecommunications council, to
ensure that connections are coordinated, meet state standards
and are cost effective, and that service is provided in an
efficient and cost-effective manner.
(c) A grant applicant shall obtain a grant proposal for
network services from MNet. If MNet is not selected as the
vendor, the application must provide the reasons for choosing an
alternative vendor. A school district may include, in its grant
application, telecommunications access for collaboration with
nonprofit arts organizations for the purpose of educational
programs, or access for a secondary media center that: (1) is a
member of a multitype library system; (2) is open during periods
of the year when classroom instruction is occurring; and (3) has
licensed school media staff on site.
(d) The Minnesota education telecommunications council
shall award grants and the funds shall be dispersed by the
commissioner. The highest priority for these grants shall be to
bring school districts up to the minimum connectivity
standards. The telecommunications council shall also give
priority to grant proposals from school districts with fewer
than 1,000 students which do not have a data connection. A
grant to enhance telecommunications capacity beyond the minimum
connectivity standards shall be no more than 75 percent of the
maximum grant under this subdivision. Grant applications for
minimum connection and enhanced telecommunications capacity
grants must be submitted to the commissioner by a coordinating
organization including, but not limited to, service cooperatives
and education districts. For the purposes of this section, a
school district includes charter schools under section 120.064.
Based on the award made by the council, all grants under this
subdivision shall be paid by the commissioner directly to a
school district, (unless this application requests that the
funds be paid to the coordinating agency).
(e) Money awarded under this section may be used only for
the purposes explicitly stated in the grant application.
Subd. 3. [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A
regional public library system may apply for a telecommunication
access grant. The grant must be used to create or expand the
capacity of electronic data access and connect the library
system with the MNet statewide telecommunications network
administered by the department of administration under section
16B.465. Connections must meet minimum system standards of a 56
kilobyte data line and 768 kilobyte ITV connection. To be
eligible for a telecommunications access grant, a regional
public library system must: (1) meet the level of local support
required under section 134.34; (2) be open at least 20 hours per
week; and (3) provide a local match for the grant with local
funds under section 134.46.
(b) Any grant award under this subdivision may not be used
to substitute for any existing local funds allocated to provide
electronic access, or equipment for library staff or the public,
or local funds previously dedicated to other library operations.
(c) An application for a regional public library
telecommunications access grant must, at a minimum, contain
information to document the following:
(1) that the connection meets the minimum standards and
employs an open network architecture that will ensure
interconnectivity and interoperability with other libraries and
the educational system;
(2) that the connection is being established through the
most cost-effective means and that the public library has
explored and coordinated connections through school districts or
other governmental agencies;
(3) that the proposed connection and system will be
connected to MNet through the department of administration under
section 16B.465 and that a network service and management
agreement is in place;
(4) that the proposed connection and system will be
connected to the higher education and to the school district
telecommunication networks subject to a governance agreement
with one or more school districts and a higher education
regional council specifying how the system will be coordinated;
(5) the telecommunication vendor, which may be MNet,
selected to provide service from the library to an MNet hub or
through a more cost-effective connection point to MNet; and
(6) other information, as determined by the commissioner,
to ensure that connections are coordinated, meet state
standards, are cost effective, and that service is provided in
an efficient and cost-effective manner so that libraries
throughout the state are connected in as seamless a manner as
technically possible.
(d) A grant applicant shall obtain a grant proposal for
network services from MNet. If MNet is not selected as the
vendor, the application must provide the reasons for choosing an
alternative vendor.
Subd. 4. [AWARD OF GRANTS.] The council shall develop
application forms and procedures for school district minimum
connectivity grants, enhanced telecommunications grants, and
regional library telecommunication access grants. The council
shall select the grant recipient and shall promptly notify any
applicant that is found not to be qualified. The commissioner
shall make the grant payments directly to the school district or
regional library system. At the request of the district, the
commissioner may make the grant payment directly to the
coordinating organization. If appropriations are insufficient
to fund all applications, the commissioner shall first fully
fund the minimum connectivity grants. Unsuccessful applicants
may reapply for a grant.
Sec. 5. [134.46] [REGIONAL LIBRARY TELECOMMUNICATIONS
AID.]
(a) A regional public library system may apply to the
commissioner for telecommunications aid to support data access
through regional public library systems, including access to
Internet for library staff and the public. The maximum amount
of aid for each public library shall be calculated as follows:
(1) multiply $1 times the lesser of the population of the
area served by the regional public library system, or the sum of
the populations of the participating portions of the system; and
(2) deduct an amount equal to the sum of .1 percent times
the adjusted net tax capacity for each participating city or
county for the year preceding the year the levy is certified.
(b) A regional public library must match state aid with
local funds equal to .1 percent times the adjusted net tax
capacity for each participating city or county for the year
preceding the year the levy is certified. A regional public
library that receives a telecommunications access grant under
section 124C.74 may use local funds under this section for the
grant match in the year the grant is awarded, without a
reduction in state aid. Local matching funds must be an
increase in the amount of local funds allocated to support
library operations in the year prior to the first year of the
telecommunication access grant. Local matching funds are exempt
from section 134.34. A grant award under this section may not
be used to substitute for any existing local funds allocated to
provide electronic data access or equipment for library staff or
the public, or local funds previously dedicated to other library
operations.
(c) Telecommunications aid under this section may be used
for the:
(1) construction, maintenance, and lease costs of data
access connections, including Internet connections;
(2) purchase, maintenance, professional development, and
support of computer hardware and software for data access;
(3) cost of technical support for a regional library
systems' technology investments, including technical support,
personnel, contracted services for technical support, and
training; and
(4) promotion of electronic access through public libraries
for members of the public.
(d) If appropriations are insufficient to fully fund aid
under this section, the commissioner shall prorate aid payments
to participating regional library systems.
Sec. 6. Minnesota Statutes 1994, section 237.065, is
amended to read:
237.065 [RATES FOR SPECIAL SERVICE TO SCHOOLS.]
Each telephone company, including a company that has
developed an incentive plan under section 237.625, that provides
local telephone service in a service area that includes a public
school that has classes within the range from kindergarten to
12th grade shall provide, upon request, additional service to
the school that is sufficient to ensure access to basic
telephone service from each classroom and other areas within the
school, as determined by the school board. Each company shall
set a flat rate for this additional service that is less than
the company's flat rate for an access line for a business and
the same as or greater than the company's flat rate for an
access line for a residence in the same local telephone service
exchange. When a company's flat rates for businesses and
residences are the same, the company shall use the residential
rate for service to schools under this section. The rate
required under this section is available only for a school that
installs additional service that includes access to basic
telephone service from each classroom and other areas within the
school, as determined by the school board.
Sec. 7. [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.]
Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
of the Minnesota education telecommunications council
established in Laws 1993, First Special Session chapter 2, is
expanded to include representatives of elementary and secondary
education. The membership shall consist of three
representatives from the University of Minnesota; three
representatives of the board of trustees for Minnesota state
colleges and universities; one representative of the higher
education services offices; one representative appointed by the
private college council; eight representatives selected by the
commissioner of education, at least one of which must come from
each of the six higher education telecommunication regions; a
representative from the information policy office; one member
each from the senate and the house of representatives selected
by the subcommittee on committees of the committee on rules and
administration of the senate and the speaker of the house; and
three representatives of libraries, one representing regional
public libraries, one representing multitype libraries, and one
representing community libraries, selected by the governor. The
council shall:
(1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in
implementing the use of such technologies;
(2) recommend to the commissioner and the legislature by
December 15, 1996, a plan for long-term governance and a
proposed structure for statewide and regional
telecommunications;
(3) recommend educational policy relating to
telecommunications;
(4) determine priorities for use;
(5) oversee coordination of networks for post-secondary
campuses, K-12 education, and regional and community libraries;
(6) review application for telecommunications access grants
under Minnesota Statutes, section 124C.74 and recommend to the
department grants for funding; and
(7) determine priorities for grant funding proposals.
The council shall consult with representatives of the
telecommunication industry in implementing this section.
Subd. 2. [DISTRICT COUNCIL MEMBERSHIP.] District
organizations that coordinate applications for telecommunication
access grants are encouraged to become members of the regional
higher education telecommunication council in their area.
Subd. 3. [CRITERIA.] In addition to responsibilities of
the council under Laws 1993, First Special Session chapter 2, as
amended, the telecommunications council shall evaluate grant
applications under Minnesota Statutes, section 124C.74 and
applications from district organizations using the following
criteria:
(1) evidence of cooperative arrangements with other
post-secondary institutions, school districts, and community and
regional libraries in the geographic region;
(2) plans for shared classes and programs;
(3) avoidance of network duplication;
(4) evidence of efficiencies to be achieved in delivery of
instruction due to use of telecommunications;
(5) a plan for development of a list of all courses
available in the region for delivery at a distance;
(6) a plan for coordinating and scheduling courses; and
(7) a plan for evaluation of costs, access, and outcomes.
Sec. 8. [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, libraries, 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) enhance teaching and learning productivity through the
use of technology;
(2) develop individual learner classroom-based teaching and
learning systems that can be aggregated into site, district, and
state frameworks;
(3) develop personalized learning plans designed to give
learners more responsibility for their learning success and
change the role of teacher to learning facilitator;
(4) match and allocate resources;
(5) create a curriculum environment that is multiplatform;
(6) provide user and contributor access to electronic
libraries;
(7) schedule activities;
(8) automate progress reports;
(9) increase collaboration between school districts and
sites, and with businesses, higher education institutions,
libraries, and local government units;
(10) correlate state-defined outcomes to curriculum units
for each student;
(11) increase accountability through a reporting system;
and
(12) 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 libraries, 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 may award grants to applicants
likely to meet the outcomes in subdivision 1. The commissioner
shall ensure that business partners do not participate in more
than one grant award in each round of grants.
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. 9. [TALENTED STUDENT PROGRAM NEEDS ASSESSMENT.]
The commissioner of education shall conduct a needs
assessment to determine whether the talented youth program in
south central Minnesota, or a similar program, should be
available throughout the state to serve talented junior and
senior high school students. The commissioner shall report the
findings to the education committees of the legislature by
February 1, 1996.
Sec. 10. [ELECTRONIC COST REDUCTION.]
The commissioner of education shall identify methods to
reduce the costs of Internet access for school districts. The
commissioner shall work in conjunction with MNet, the department
of administration, and the telecommunication industry to provide
Internet access and long distance phone service at a favorable
group rate.
Sec. 11. [FEDERAL MATCHING FUNDS.]
Appropriations for telecommunications access grants for
school districts and regional public library systems under
section 4 may be counted as matching funds for federal grants to
provide telecommunication access.
Sec. 12. [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. [STATE AGENCY LIBRARIES.] For maintaining and
upgrading the online computer-based library catalog system in
state agency libraries:
$40,000 ..... 1996
$40,000 ..... 1997
Any balance in the first year does not cancel and is
available in the second year. These amounts are added to
amounts included in the appropriation for the department of
education budget that are for the same purpose.
Subd. 3. [INFORMS GRANTS.] For grants to continue the
internet access for Minnesota schools project (InforMNS):
$400,000 ..... 1996
$400,000 ..... 1997
Subd. 4. [SCIENCE-MATHEMATICS GRANT.] For continuation of
systemic change in science and mathematics education programs:
$1,322,000 ..... 1996
$1,322,000 ..... 1997
$30,000 of the appropriation in 1996 and $30,000 in 1997 is
for the south central Minnesota talented youth program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For
grants to regional public libraries to support electronic data
access according to section 134.46:
$800,000 ..... 1996
This appropriation is available until June 30, 1997.
Subd. 6. [INTERACTIVE TELEVISION (ITV) AID.] For
interactive television (ITV) aid under section 124.91,
subdivision 5:
$2,573,000 ..... 1996
$3,814,000 ..... 1997
The 1996 appropriation includes $473,000 for 1995 ITV aid
and $2,100,000 for 1996 ITV aid.
The 1997 appropriation includes $370,000 for 1996 ITV aid
and $3,344,000 for 1997 ITV aid.
Subd. 7. [TELECOMMUNICATION ACCESS GRANTS.] For grants to
school districts and regional public library systems to
establish connections to MNet according to section 124C.74:
$5,500,000 ..... 1996
$5,000,000 ..... 1997
This appropriation is available until June 30, 1997.
Subd. 8. [INSTRUCTIONAL TRANSFORMATION THROUGH TECHNOLOGY
GRANTS.] For grants according to section 8:
$2,700,000 ..... 1996
$2,700,000 ..... 1997
The commissioner shall give priority to grant applicants
that match private sector contributions, involve multiple school
districts, and involve graduation rule pilot sites.
Subd. 9. [ITV GRANT; FLOODWOOD.] For a grant to
independent school district No. 698, Floodwood:
$125,000 ..... 1996
This appropriation is available until June 30, 1997.
The grant must be used to construct an interactive
television transmission line and an electronic data access 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.
School district No. 698, Floodwood, is not eligible for a
minimum connection grant under Minnesota Statutes, section
124C.74.
Subd. 10. [ITV GRANT; CROMWELL.] For a grant to
independent school district No. 95, Cromwell:
$125,000 ..... 1996
This appropriation is available until June 30, 1997.
The grant must be used to construct an interactive
television transmission line and an electronic data access
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. School district No. 95, Cromwell, is not eligible for
a minimum connection grant under Minnesota Statutes, section
124C.74. The appropriation and levy authorized in this
subdivision are reduced by any amounts received according to
Laws 1994, chapter 647, article 6, section 41, subdivision 8.
School district No. 95, Cromwell, is not eligible for a minimum
connection grant under Minnesota Statutes, section 124C.74.
Sec. 13. [REPEALER.]
Laws 1993, First Special Session chapter 2, article 5,
section 1, is repealed.
Laws 1993, First Special Session chapter 2, article 5,
section 2, as amended by Laws 1994, chapter 532, article 2,
section 13, is repealed.
ARTICLE 13
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 1994, section 43A.316,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purpose of this section,
the terms defined in this subdivision have the meaning given
them.
(a) [COMMISSIONER.] "Commissioner" means the commissioner
of employee relations.
(b) [EMPLOYEE.] "Employee" means:
(1) a person who is a public employee within the definition
of section 179A.03, subdivision 14, who is insurance eligible
and is employed by an eligible employer;
(2) an elected public official of an eligible employer who
is insurance eligible; or
(3) a person employed by a labor organization or employee
association certified as an exclusive representative of
employees of an eligible employer or by another public employer
approved by the commissioner, so long as the plan meets the
requirements of a governmental plan under United States Code,
title 29, section 1002(32).
(c) [ELIGIBLE EMPLOYER.] "Eligible employer" means:
(1) a public employer within the definition of section
179A.03, subdivision 15, that is a town, county, city, school
district as defined in section 120.02, educational service
cooperative service unit as defined in section 123.58 123.582,
intermediate district as defined in section 136C.02, subdivision
7, cooperative center for vocational education as defined in
section 123.351, regional management information center as
defined in section 121.935, or an education unit organized under
the joint powers action, section 471.59; or
(2) an exclusive representative of employees, as defined in
paragraph (b); or
(3) another public employer approved by the commissioner.
(d) [EXCLUSIVE REPRESENTATIVE.] "Exclusive representative"
means an exclusive representative as defined in section 179A.03,
subdivision 8.
(e) [LABOR-MANAGEMENT COMMITTEE.] "Labor-management
committee" means the committee established by subdivision 4.
(f) [PLAN.] "Plan" means the statewide public employees
insurance plan created by subdivision 3.
Sec. 2. Minnesota Statutes 1994, section 62L.08,
subdivision 7a, is amended to read:
Subd. 7a. [PARTIAL EXEMPTION; POLITICAL SUBDIVISIONS.] (a)
Health coverage provided by a political subdivision of the state
to its employees, officers, retirees, and their dependents, by
participation in group purchasing of health plan coverage by or
through an association of political subdivisions or by or
through an educational a service cooperative service unit
created under section 123.58 123.582 or by participating in a
joint self-insurance pool authorized under section 471.617,
subdivision 2, is subject to this subdivision. Coverage that is
subject to this subdivision may have separate index rates and
separate premium rates, based upon data specific to the
association, educational cooperative service unit, or pool, so
long as the rates, including the rating bands, otherwise comply
with this chapter. The association, educational cooperative
service unit, or pool is not required to offer the small
employer plans described in section 62L.05 and is not required
to comply with this chapter for employers that are not small
employers or that are not eligible for coverage through the
association, educational cooperative service unit, or pool. A
health carrier that offers a health plan only under this
subdivision need not offer that health plan to other small
employers on a guaranteed issue basis.
(b) An association, educational cooperative service unit,
or pool described in paragraph (a) may elect to be treated under
paragraph (a) by filing a notice of the election with the
commissioner of commerce no later than January 1, 1995. The
election remains in effect for three years and applies to all
health coverage provided to members of the group. It may be
renewed for subsequent three-year periods. An entity eligible
for treatment under paragraph (a) that forms after January 1,
1995, must make the election prior to provision of coverage, and
the election remains in effect until January 1, 1998, or if
filed after that date, until the next regular renewal date.
Sec. 3. Minnesota Statutes 1994, section 121.935,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] Any group of two or more
independent, special or common school districts may with the
approval of the state board pursuant to sections 121.931 and
121.936 create a regional management information center pursuant
to section 123.58 123.582 or 471.59 to provide computer services
to school districts. A regional management information center
shall not come into existence until the first July 1 after its
creation is approved by the state board or until it can be
accommodated by state appropriations, whichever occurs first.
Each member of the board of a center created after June 30,
1991, shall be a current member of a member school board.
Sec. 4. Minnesota Statutes 1994, section 124.223,
subdivision 8, is amended to read:
Subd. 8. [SUMMER INSTRUCTIONAL PROGRAMS.] (a) State
transportation aid is authorized for services described in
subdivisions 1 to 7, 9, and 10 when provided for pupils with a
disability in conjunction with a summer instructional program
that meets the requirements of section 124A.27, subdivision 9 is
offered for credit or required for graduation or that provides
academic enrichment or remediation. The reserved revenue may
not be used for recreational sports, leisure activities,
entertainment, recreational activities, crafts, hobbies, or any
other classes of a similar nature. Summer programs for a pupil
with a disability shall relate to the pupil's individual
education plan.
(b) State transportation aid is authorized for services
described in subdivision 1 when provided during the summer in
conjunction with a learning year program established under
section 121.585.
Sec. 5. Minnesota Statutes 1994, section 124.574,
subdivision 7, is amended to read:
Subd. 7. A district shall not receive aid pursuant to
section 124.32 124.3201, 124.3202, 124.321, or 124.573 for
salaries, supplies, travel or equipment for which the district
receives aid pursuant to this section.
Sec. 6. Minnesota Statutes 1994, section 124A.02,
subdivision 16, is amended to read:
Subd. 16. [PUPIL UNITS, AFDC.] "AFDC pupil units" for
fiscal year 1992 means pupil units identified in section 124.17,
subdivision 1b.
"AFDC pupil units" for fiscal year 1993 and thereafter
means pupil units identified in section 124.17, subdivision 1d.
Sec. 7. Minnesota Statutes 1994, section 124A.22,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATORY EDUCATION REVENUE.] (a) For fiscal
year 1992, the compensatory education revenue for each district
equals the formula allowance times the AFDC pupil units counted
according to section 124.17, subdivision 1b.
(b) For fiscal year 1993 and thereafter, the maximum
compensatory education revenue for each district equals the
formula allowance times the AFDC pupil units computed according
to section 124.17, subdivision 1d.
(c) (b) For fiscal year 1993 and thereafter, the previous
formula compensatory education revenue for each district equals
the formula allowance times the AFDC pupil units computed
according to Minnesota Statutes 1994, section 124.17,
subdivision 1b.
(d) (c) For fiscal year 1993, the compensatory education
revenue for each district equals the district's previous formula
compensatory revenue plus one-fourth of the difference between
the district's maximum compensatory education revenue and the
district's previous formula compensatory education revenue.
(e) (d) For fiscal year 1994, the compensatory education
revenue for each district equals the district's previous formula
compensatory education revenue plus one-half of the difference
between the district's maximum compensatory education revenue
and the district's previous formula compensatory education
revenue.
(f) (e) For fiscal year 1995, the compensatory education
revenue for each district equals the district's previous formula
compensatory education revenue plus three-fourths of the
difference between the district's maximum compensatory education
revenue and the district's previous formula compensatory
education revenue.
(g) (f) For fiscal year 1996 and thereafter, the
compensatory education revenue for each district equals the
district's maximum compensatory education revenue.
Sec. 8. Minnesota Statutes 1994, section 124A.225,
subdivision 2, is amended to read:
Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a
public employee licensed by the board of teaching whose duties
are full-time instruction, excluding a teacher for whom
categorical aids are received pursuant to sections 124.273 and
124.32 124.3201, 124.3202, and 124.321. Except as provided in
section 125.230, subdivision 6, instructor does not include
supervisory and support personnel, except school social workers
as defined in section 125.03. An instructor whose duties are
less than full-time instruction must be included as an
equivalent only for the number of hours of instruction in grades
kindergarten through 6.
Sec. 9. Minnesota Statutes 1994, section 126.666,
subdivision 2, is amended to read:
Subd. 2. [CURRICULUM ADVISORY COMMITTEE.] Each school
board shall establish a curriculum advisory committee to permit
active community participation in all phases of the PER process.
The district advisory committee, to the extent possible, shall
be representative of the diversity of the community served by
the district and the learning sites within the district, and
include principals, teachers, parents, support staff, pupils,
and other community residents. The district may establish
building teams as subcommittees of the district advisory
committee. The district committee shall retain responsibility
for recommending to the school board districtwide learner
outcomes, assessments, and program evaluations. Learning sites
may establish expanded curriculum, assessments, and program
evaluations. Whenever possible, parents and other community
residents shall comprise at least two-thirds of the advisory
committee. The committee shall make recommendations to the
board about the programs enumerated in section 124A.27, that the
committee determines should be offered. The recommendations
shall be based on district and learning site needs and
priorities.
ARTICLE 14
BUDGET RESERVE AND COST MANAGEMENT
Section 1. Minnesota Statutes 1994, section 16A.152, is
amended by adding a subdivision to read:
Subd. 1a. [BUDGET RESERVE.] A budget reserve account is
created in the general fund in the state treasury. The
commissioner of finance shall transfer to the budget reserve
account on July 1 of each odd-numbered year any amounts
specifically appropriated by law to the budget reserve.
Sec. 2. Minnesota Statutes 1994, 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 is $220,000,000. Additional biennial
unrestricted budgetary general fund balances available after
November 1 of every odd-numbered calendar year are appropriated
in January of the following year to reduce the property tax levy
recognition percent under section 121.904, subdivision 4a, to
zero before additional money beyond $500,000,000 $220,000,000 is
allocated to the budget reserve and cash flow account.
$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. 3. Minnesota Statutes 1994, section 16A.152,
subdivision 4, is amended to read:
Subd. 4. [REDUCTION.] (a) If the commissioner determines
that probable receipts for the general fund will be less than
anticipated, and that the amount available for the remainder of
the biennium will be less than needed, the commissioner shall,
with the approval of the governor, and after consulting the
legislative advisory commission, reduce the amount in the budget
reserve and cash flow account as needed to balance expenditures
with revenue.
(b) An additional deficit shall, with the approval of the
governor, and after consulting the legislative advisory
commission, be made up by reducing unexpended allotments of any
prior appropriation or transfer. Notwithstanding any other law
to the contrary, the commissioner is empowered to defer or
suspend prior statutorily created obligations which would
prevent effecting such reductions.
(c) If the commissioner determines that probable receipts
for any other fund, appropriation, or item will be less than
anticipated, and that the amount available for the remainder of
the term of the appropriation or for any allotment period will
be less than needed, the commissioner shall notify the agency
concerned and then reduce the amount allotted or to be allotted
so as to prevent a deficit.
(d) In reducing allotments, the commissioner may consider
other sources of revenue available to recipients of state
appropriations and may apply allotment reductions based on all
sources of revenue available.
(e) In like manner, the commissioner shall reduce
allotments to an agency by the amount of any saving that can be
made over previous spending plans through a reduction in prices
or other cause.
Sec. 4. Minnesota Statutes 1994, 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 .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) For fiscal year 1996 and fiscal year 1997, a pupil who
is in any of grades 7 to 12 is counted as 1.3 pupil units. For
fiscal year 1998, a pupil who is in any of grades 7 to 12 is
counted as 1.25 pupil units. For fiscal year 1999 and later
years, a pupil who is in any of grades 7 to 12 is counted as 1.2
pupil units.
(h) For fiscal year 1996 and fiscal year 1997, a pupil who
is in the post-secondary enrollment options program is counted
as 1.3 pupil units. For fiscal year 1998, a pupil who is in the
post-secondary enrollment options program is counted as 1.25
pupil units. For fiscal year 1999 and later years, a pupil who
is in the post-secondary enrollment options program is counted
as 1.2 pupil units.
(i) In fiscal year 1998, the sum of a district's general
education revenue and referendum revenue may not be reduced by
more than two percent due to the reduction in the secondary
pupil weight from 1.3 as specified in paragraphs (g) and (h).
In fiscal year 1999 and later years, the sum of a district's
general education revenue and referendum revenue may not be
decreased by more than four percent due to the reduction in the
secondary weight from 1.3 as specified in paragraphs (g) and (h).
Sec. 5. [FISCAL YEAR 1998 AND 1999 APPROPRIATIONS.]
The appropriations for the 1998-99 biennium for programs
contained in this act shall be $2,943,900,000 for fiscal year
1998 and $3,076,600,000 for fiscal year 1999, plus or minus any
adjustments due to variance in pupil forecasts, levies, or other
factors generating entitlements for the general revenue
program. These amounts shall first be allocated to fully fund
the general revenue program. Amounts remaining shall be
allocated to other programs in proportion to the fiscal year
1997 appropriations or to entitlements generated by existing law
for those programs for each year, up to the amount of the
entitlement or the fiscal year 1997 appropriations. Any amounts
remaining after allocation to these other programs shall be
maintained for allocation recommendations by the governor and
legislature in the 1997 session.
Sec. 6. [BUDGET RESERVE.]
$200,000,000 is appropriated from the general fund to the
commissioner of finance for transfer to the budget reserve
account created in Minnesota Statutes, section 16A.152. In
addition, the commissioner of finance shall transfer to the
budget reserve account on July 1, 1995, any unrestricted general
fund budgetary balance forecast for fiscal year 1997. The
transfer shall be based on the forecast unrestricted budgetary
balance at the end of the 1995 legislative session after giving
effect to all tax, revenue, and appropriation laws enacted in
the 1995 session.
ARTICLE 15
TARGETED NEEDS REVENUE
Section 1. Minnesota Statutes 1994, section 124.273, is
amended by adding a subdivision to read:
Subd. 1c. [REVENUE.] A district's limited English
proficiency programs revenue for fiscal year 1996 and later
equals the product of:
(1) the district's base revenue for limited English
proficiency programs under this section and section 124.321,
times
(2) the ratio of:
(i) the greater of 20 or the number of pupils of limited
English proficiency enrolled in the district during the current
fiscal year to
(ii) the greater of 20 or the number of pupils of limited
English proficiency enrolled in the district during fiscal year
1995.
Sec. 2. Minnesota Statutes 1994, section 124.273, is
amended by adding a subdivision to read:
Subd. 1d. [LEP BASE REVENUE.] The limited English
proficiency programs base revenue equals the sum of the
following amounts, computed using fiscal year 1995 data:
(1) 68 percent of the salaries paid limited English
proficiency program teachers; and
(2) for supplies and equipment purchased or rented for use
in the instruction of pupils of limited English proficiency an
amount equal to 47 percent of the sum actually spent by the
district but not to exceed an average of $47 in any one school
year for each pupil of limited English proficiency receiving
instruction.
Sec. 3. Minnesota Statutes 1994, section 124.273, is
amended by adding a subdivision to read:
Subd. 1e. [AID.] A district's limited English proficiency
aid for fiscal year 1996 and later equals the aid percentage
factor under section 124.3201, subdivision 1, times the
district's limited English proficiency revenue.
Sec. 4. [124.312] [TARGETED NEEDS PROGRAM REVENUE.]
Subdivision 1. [USE OF THE REVENUE.] The targeted needs
revenue under this section must be used to meet the educational
needs of learners whose progress toward meeting state or local
content or performance standards is below the level that is
appropriate for learners of their age. Any of the following may
be provided to meet these learners needs:
(1) remedial or individualized instruction in reading,
language arts, mathematics, other content areas, or study skills
to improve the achievement level of these learners;
(2) additional teachers and teacher aides to provide more
individualized instruction to these learners through individual
tutoring, lower instructor-to-learner ratios, or team teaching;
(3) flexible school day or school year programs that enable
these learners to improve their achievement or that provide
additional learning opportunities outside of the normal school
schedule;
(4) comprehensive and on-going staff development consistent
with district and site plans according to section 126.70, for
teachers, teacher aides, principals, and other personnel to
improve their ability to identify the needs of these learners
and provide appropriate remediation, intervention,
accommodations, or modifications;
(5) instructional materials and technology appropriate for
meeting the individual needs of these learners;
(6) programs established under a desegregation plan
mandated by the state board or under court order, to increase
learning opportunities and reduce the learning gap between
learners living in high concentrations of poverty and their
peers;
(7) programs to reduce truancy, encourage completion of
high school, enhance self-concept, provide health services,
provide nutrition services, provide a safe and secure learning
environment, provide coordination for learners receiving
services from other governmental agencies, provide home visiting
services, provide psychological services to determine the level
of social, emotional, cognitive, and intellectual development,
and provide counseling services, guidance services, and social
work services;
(8) bilingual programs, bicultural programs, and programs
for learners of limited English proficiency; and
(9) substantial parent involvement in developing and
implementing remedial education or intervention plans for a
learner, including learning contracts between the school, the
learner, and the parent that establish achievement goals and
responsibilities of the learner and the learner's parent or
guardian.
Subd. 2. [BUILDING ALLOCATION.] A district must consider
the concentration of children from low-income families, children
with limited English proficiency, and children with disabilities
in each school building in the district when allocating targeted
needs revenue.
Subd. 3. [SEPARATE ACCOUNT.] Targeted needs revenue shall
be maintained in a separate account to identify expenditures for
salaries and programs related to this revenue.
Subd. 4. [INTEGRATION REVENUE.] For fiscal year 1996 and
later fiscal years, integration revenue equals the sum of
integration aid and integration levy under section 124.912,
subdivision 2.
Subd. 5. [INTEGRATION AID.] For fiscal year 1996 and later
fiscal years integration aid equals the following amounts:
(1) for independent school district No. 709, Duluth,
$1,385,000;
(2) for independent school district No. 625, St. Paul,
$8,090,700; and
(3) for special school district No. 1, Minneapolis,
$9,368,300.
Sec. 5. [124.313] [TARGETED NEEDS REVENUE.]
For fiscal year 1996 and thereafter, a school district's
targeted needs revenue equals the sum of:
(1) assurance of mastery revenue according to section
124.311; plus
(2) the district's limited English proficiency revenue
computed according to section 124.273, subdivision 1d; plus
(3) integration revenue computed according to section
124.312, subdivision 4.
Sec. 6. [124.314] [TARGETED NEEDS AID AND LEVY.]
Subdivision 1. [AID.] For fiscal year 1996 and thereafter,
a school district's targeted needs aid equals the sum of its
assurance of mastery aid according to section 124.311, its
limited English proficiency aid according to section 124.273,
subdivision 1e, and its integration aid according to section
124.312, subdivision 5.
Subd. 2. [LEVY.] For fiscal year 1997 and thereafter, a
school district's targeted needs levy equals the sum of its
integration levy under section 124.912, subdivision 2, and that
portion of its special education levy attributed to the limited
English proficiency program.
Sec. 7. Minnesota Statutes 1994, 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 fiscal 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 regular
school year and in summer school programs during the next school
fiscal 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, for determining 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 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 fiscal 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. 8. Minnesota Statutes 1994, section 124.32,
subdivision 10, is amended to read:
Subd. 10. [SUMMER SCHOOL.] The state shall pay aid for
summer school programs for children with a disability on the
basis of subdivisions 1b, 1d, and 5 for the current school
year. The state shall also pay to the Minnesota state academy
for the deaf or the Minnesota state academy for the blind a part
of the salary of each instructional aide assigned to a child
attending the academy, if that aide is required by the child's
individual education plan. By March 15 of each year, districts
shall submit separate applications for program and budget
approval for summer school programs. The review of these
applications shall be as provided in subdivision 7. By May 1 of
each year, the commissioner shall approve, disapprove or modify
the applications and notify the districts of the action and of
the estimated amount of aid for the summer school programs.
Sec. 9. Minnesota Statutes 1994, section 124.32,
subdivision 12, is amended to read:
Subd. 12. [ALLOCATION FROM COOPERATIVE CENTERS,
EDUCATIONAL COOPERATIVE SERVICE UNITS, EDUCATION DISTRICTS, AND
INTERMEDIATE DISTRICTS.] For purposes of this section, a special
education cooperative, service cooperative, education district,
or an intermediate district shall allocate its approved
expenditures for special education programs among participating
school districts. Special education aid for services provided
by a cooperative, service cooperative, education district, or
intermediate district shall be paid to the participating school
districts.
Sec. 10. [124.3201] [SPECIAL EDUCATION REVENUE.]
Subdivision 1. [DEFINITIONS] For the purposes of this
section and sections 124.3202 and 124.321, the definitions in
this subdivision apply.
(a) "Base year" for fiscal year 1996 means fiscal year 1995.
Base year for later fiscal years means the second fiscal year
preceding the fiscal year for which aid will be paid.
(b) "Basic revenue" has the meaning given it in section
124A.22, subdivision 2. For the purposes of computing basic
revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 124.17, subdivision 1.
(c) "Essential personnel" means teachers, related services,
and support services staff providing direct services to students.
(d) "Average daily membership" has the meaning given it in
section 124.17.
(e) "Program growth factor" means 1.00 for fiscal year 1998
and later.
(f) "Aid percentage factor" means 60 percent for fiscal
year 1996, 70 percent for fiscal year 1997, 80 percent for
fiscal year 1998, 90 percent for fiscal year 1999, and 100
percent for fiscal years 2000 and later.
(g) "Levy percentage factor" means 100 minus the aid
percentage factor for that year.
Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] The special
education base revenue equals the sum of the following amounts
computed using base year data:
(1) 68 percent of the salary of each essential person
employed in the district's program for children with a
disability during the regular school year, whether the person is
employed by one or more districts;
(2) for the Minnesota state academy for the deaf or the
Minnesota state academy for the blind, 68 percent of the salary
of each instructional aide assigned to a child attending the
academy, if that aide is required by the child's individual
education plan;
(3) for special instruction and services provided to any
pupil by contracting with public, private, or voluntary agencies
other than school districts, in place of special instruction and
services provided by the district, 52 percent of the difference
between the amount of the contract and the basic revenue of the
district for that pupil for the fraction of the school day the
pupil receives services under the contract;
(4) for special instruction and services provided to any
pupil by contracting for services with public, private, or
voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the
school district, 52 percent of the amount of the contract for
that pupil;
(5) for supplies and equipment purchased or rented for use
in the instruction of children with a disability an amount equal
to 47 percent of the sum actually expended by the district but
not to exceed an average of $47 in any one school year for each
child with a disability receiving instruction; and
(6) for fiscal years 1997 and later, special education base
revenue shall include amounts under clauses (1) to (5) for
special education summer programs provided during that fiscal
year.
Subd. 3. [ADJUSTED SPECIAL EDUCATION BASE REVENUE.] For
fiscal year 1996 and later, a district's adjusted special
education base revenue equals the district's special education
base revenue times the ratio of the district's average daily
membership for the current school year to the district's average
daily membership for the base year.
Subd. 4. [STATE TOTAL SPECIAL EDUCATION REVENUE.] The
state total special education revenue for fiscal year 1996
equals $327,846,000. The state total special education revenue
for fiscal year 1997 equals $347,810,000. The state total
special education revenue for later fiscal years equals:
(1) the state total special education revenue for the
preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] A
school district's special education revenue for fiscal year 1996
and later equals the state total special education revenue times
the ratio of the district's adjusted special education base
revenue to the state total adjusted special education base
revenue. If the state board of education modifies its rules for
special education in a manner that increases a school district's
special education obligations or service requirements, the
commissioner of education shall annually increase each
district's special education revenue by the amount necessary to
compensate for the increased service requirements. The
additional revenue equals the cost in the current year
attributable to rule changes not reflected in the computation of
special education base revenue, multiplied by the appropriate
percentages from subdivision 2.
Subd. 6. [SPECIAL EDUCATION AID.] A school district's
special education aid for fiscal year 1996 and later equals the
district's special education revenue times the aid percentage
factor for that year.
Subd. 7. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATES.] For the purposes of this section and section
124.321, a special education cooperative or an intermediate
district shall allocate its approved expenditures for special
education programs among participating school districts.
Sec. 11. [124.3202] [SPECIAL EDUCATION SUMMER PROGRAM
REVENUE.]
Subdivision 1. [SUMMER PROGRAM BASE REVENUE.] The summer
program base revenue for fiscal year 1996 equals the sum of the
following amounts computed using base year data:
(1) 68 percent of the summer program salary of each
essential person employed in the district's program for children
with a disability, whether the person is employed by one or more
districts;
(2) for the Minnesota state academy for the deaf or the
Minnesota state academy for the blind, 68 percent of the summer
program salary of each instructional aide assigned to a child
attending the academy, if that aide is required by the child's
individual education plan;
(3) for special instruction and services provided to any
pupil by contracting with public, private, or voluntary agencies
other than school districts, in place of special instruction and
services provided by the district, 52 percent of the difference
between the amount of the contract for the summer program and
the basic revenue of the district for that pupil for the
fraction of the school day the pupil receives services under the
contract; and
(4) for special instruction and services provided to any
pupil by contracting for services with public, private, or
voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the
school district, 52 percent of the amount of the summer program
contract for that pupil.
Subd. 2. [ADJUSTED SUMMER PROGRAM BASE REVENUE.] For
fiscal year 1996 and later, a district's adjusted summer program
base revenue equals the district's summer program base revenue
times the ratio of the district's average daily membership for
the current school year to the district's average daily
membership for the base year.
Subd. 3. [STATE TOTAL SUMMER PROGRAM REVENUE.] The state
total summer program revenue for fiscal year 1996 equals
$7,152,000.
Subd. 4. [SCHOOL DISTRICT SUMMER PROGRAM REVENUE.] A
school district's summer program revenue for fiscal year 1996
equals the state total summer program revenue times the ratio of
the district's adjusted summer program base revenue to the state
total adjusted summer program base revenue.
Subd. 5. [SPECIAL EDUCATION SUMMER PROGRAM AID.] A school
district's special education summer program aid for fiscal year
1996 equals the district's summer program revenue times the aid
percentage factor for that year.
Subd. 6. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATES.] For the purposes of this section and section
124.321, a special education cooperative or an intermediate
district shall allocate its approved expenditures for special
education programs among participating school districts.
Special education summer program aid for services provided by a
cooperative or intermediate district shall be paid to the
participating school districts.
Sec. 12. Minnesota Statutes 1994, section 124.321,
subdivision 1, is amended to read:
Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal
years 1996 and later, special education levy equalization
revenue for a school district, excluding an intermediate school
district, equals the sum of the following amounts:
(1) 68 percent of the salaries paid to essential personnel
in that district minus the amount of state aid and any federal
aid, if applicable, paid to that district for salaries of these
essential personnel under section 124.32, subdivisions 1b and
10, for the year to which the levy is attributable, plus
(2) 68 percent of the salaries paid to essential personnel
in that district minus the amount of state aid and any federal
aid, if applicable, paid to that district for salaries of those
essential personnel under section 124.574, subdivision 2b, for
the year to which the levy is attributable, plus
(3) 68 percent of the salaries paid to limited English
proficiency program teachers in that district minus the amount
of state aid and any federal aid, if applicable, paid to that
district for salaries of these teachers under section 124.273,
subdivision 1b, for the year to which the levy is attributable,
plus
(4) the alternative delivery levy revenue determined
according to section 124.322, subdivision 4, plus
(5) the amount allocated to the district by special
education cooperatives or intermediate districts in which it
participates according to subdivision 2.
A district that receives alternative delivery levy revenue
according to section 124.322, subdivision 4, shall not receive
levy equalization revenue under clause (1) or subdivision 2,
clause (1), for the same fiscal year.
(1) the levy percentage factor for that year times the
district's special education revenue under section 124.3201;
plus
(2) the levy percentage factor for that year times the
district's special education summer program revenue under
section 124.3202; plus
(3) the levy percentage factor for that year times the
district's special education excess cost revenue under section
124.323; plus
(4) the levy percentage factor for that year times the
district's secondary vocational education for children with a
disability revenue under section 124.574; plus
(5) the levy percentage factor for that year times the
district's limited English proficiency programs revenue under
section 124.273.
Sec. 13. Minnesota Statutes 1994, section 124.321,
subdivision 2, is amended to read:
Subd. 2. [REVENUE ALLOCATION FROM COOPERATIVES AND
INTERMEDIATE DISTRICTS STATE ACADEMIES.] (a) For purposes of
this section, a special education cooperative or an intermediate
district shall allocate to participating school districts the
sum of the following amounts:
(1) 68 percent of the salaries paid to essential personnel
in that cooperative or intermediate district minus the amount of
state aid and any federal aid, if applicable, paid to that
cooperative or intermediate district for salaries of these
essential personnel under section 124.32, subdivisions 1b and
10, for the year to which the levy is attributable, plus
(2) 68 percent of the salaries paid to essential personnel
in that district minus the amount of state aid and any federal
aid, if applicable, paid to that district for salaries of those
essential personnel under section 124.574, subdivision 2b, for
the year to which the levy is attributable, plus
(3) 68 percent of the salaries paid to limited English
proficiency program teachers in that cooperative or intermediate
district minus the amount of state aid and any federal aid, if
applicable, paid to that cooperative or intermediate district
for salaries of these teachers under section 124.273,
subdivision 1b, for the year to which the levy is attributable.
(b) A special education cooperative or an intermediate
district that allocates amounts to participating school
districts under this subdivision must report the amounts
allocated to the department of education.
(c) For purposes of this subdivision section, the Minnesota
state academy for the deaf or the Minnesota state academy for
the blind each year shall allocate an amount equal to 68 percent
of salaries paid to instructional aides in either academy minus
the amount of state aid and any federal aid, if applicable, paid
to either academy for salaries of these instructional aides
under sections 124.32, subdivisions 1b and 10, the levy
percentage factor for that year times their special education
revenue under section 124.3201 and their special education
summer program revenue under section 124.3202 for the year to
each school district that assigns a child with an individual
education plan requiring an instructional aide to attend either
academy. The school districts that assign a child who requires
an instructional aide may make a levy in the amount of the costs
allocated to them by either academy.
(d) (b) When the Minnesota state academy for the deaf or
the Minnesota state academy for the blind allocates unreimbursed
portions of salaries of instructional aides revenue among school
districts that assign a child who requires an instructional
aide, for purposes of the districts making a levy under this
subdivision, the academy shall provide information to the
department of education on the amount of unreimbursed costs of
salaries revenue it allocated to the school districts that
assign a child who requires an instructional aide.
Sec. 14. Minnesota Statutes 1994, section 124.322, is
amended to read:
124.322 [ALTERNATIVE DELIVERY BASE REVENUE ADJUSTMENT.]
Subdivision 1. [ELIGIBILITY.] A district is eligible
for an alternative delivery base revenue adjustment if the
commissioner of education has approved the application of the
district according to section 120.173.
Subd. 1a. [DEFINITIONS BASE REVENUE ADJUSTMENT.] In this
section, the definitions in this subdivision apply.
(a) "Base revenue" means the following:
(1) for the first fiscal year after approval of the
district's application, base revenue means the sum of the
district's revenue for the preceding fiscal year for its special
education program under sections 124.32, subdivisions 1b, 1d, 2,
5, and 10, and 124.321, subdivision 1;
(2) for the second fiscal year after approval of a
district's application, base revenue means the sum of the
district's revenue for the second prior fiscal year for its
special education program under sections 124.32, subdivisions
1b, 1d, 2, 5, and 10, and 124.321, subdivision 1; and
(3) For the third fiscal year after approval of a
district's application, and thereafter, the special education
base revenue under section 124.3201, subdivision 1, and the
summer program base revenue means the sum of the revenue a
district would have been entitled to in the second prior fiscal
year for its special education program under sections 124.32,
subdivisions 1b, 1d, 2, 5, and 10, and 124.321, subdivision
1, under section 124.3202, subdivision 1, shall be computed
based on activities defined as reimbursable under state board
rules for special education and nonspecial education students,
and additional activities as detailed and approved by the
commissioner of education.
(b) "Base aid" means the following:
(1) for the first fiscal year after approval of a
district's application, base aid means the sum of the district's
gross aid for the preceding fiscal year for its special
education program under section 124.32, subdivisions 1b, 1d, 2,
5, and 10;
(2) for the second fiscal year after approval of a
district's application, base aid means the sum of the district's
gross aid for the second prior fiscal year for its special
education program under section 124.32, subdivisions 1b, 1d, 2,
5, and 10; and
(3) for the third fiscal year after approval of a
district's application and thereafter, base aid means the sum of
the gross aid the district would have been entitled to in the
second prior fiscal year for its special education program under
section 124.32, subdivisions 1b, 1d, 2, 5, and 10, based on
activities defined as reimbursable under state board of
education rules for special education and nonspecial education
students, and additional activities as detailed and approved by
the commissioner of education in the application plan.
(c) Notwithstanding paragraphs (a) and (b), base revenue
and base aid for 1995 and later fiscal years must not include
revenue and aid under section 124.32, subdivision 5.
(d) "Alternative delivery revenue inflator" means:
(1) for the first fiscal year after approval of a
district's application, the greater of 1.017 or the ratio of (i)
the statewide average special education revenue under sections
124.32 and 124.321 per pupil in average daily membership for the
current fiscal year, to (ii) the statewide average special
education revenue per pupil in average daily membership for the
previous fiscal year.
(2) for the second and later fiscal years, the greater of
1.034 or the ratio of (i) the statewide average special
education revenue under sections 124.32 and 124.321 per pupil in
average daily membership for the current fiscal year, to (ii)
the statewide average special education revenue per pupil in
average daily membership for the second prior fiscal year.
(e) The commissioner of education shall adjust each
district's base revenue and base aid to reflect any changes in
special education services required by rule or statute.
Subd. 2. [AMOUNT OF ALTERNATIVE DELIVERY REVENUE.] For the
first fiscal year after approval of an application, a district's
alternative delivery revenue equals its base revenue multiplied
by the product of the alternative delivery revenue inflator
times the ratio of the district's average daily membership for
the current fiscal year to the district's average daily
membership for the immediately preceding fiscal year. For the
second and later fiscal years a district's alternative delivery
revenue equals its base revenue multiplied by the product of the
alternative delivery revenue inflator times the ratio of the
district's average daily membership for the current fiscal year
to the district's average daily membership for the second
preceding fiscal year.
Subd. 3. [ALTERNATIVE DELIVERY AID.] For the first fiscal
year after approval of an application, a district's alternative
delivery aid equals its base aid multiplied by the product of
1.017 times the ratio of the district's average daily membership
for the current fiscal year to the district's average daily
membership for the preceding fiscal year. For the second and
later fiscal years a district's alternative delivery aid equals
its base aid multiplied by the product of 1.034 times the ratio
of the district's average daily membership for the current
fiscal year to the district's average daily membership for the
second preceding fiscal year. A district that receives aid
under this subdivision shall not receive aid under section
124.32, subdivisions 1b, 1d, 2, 5, and 10, for the same fiscal
year.
Subd. 4. [ALTERNATIVE DELIVERY LEVY REVENUE.] A district
shall receive alternative delivery levy revenue equal to the
difference between the alternative delivery revenue and the
alternative delivery aid. If the alternative delivery aid for a
district is prorated, the alternative delivery levy revenue
shall be increased by the amount not paid by the state due to
proration. The alternative delivery levy revenue shall be
included under section 124.321, subdivision 1, for purposes of
computing the special education levy under section 124.321,
subdivision 3, and the special education levy equalization aid
under section 124.321, subdivision 4.
Subd. 5. [USE OF REVENUE.] Revenue under this section
sections 124.3201 and 124.3202 shall be used to implement the
approved program.
Sec. 15. Minnesota Statutes 1994, section 124.323,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section, the
definitions in this subdivision apply.
(a) "Unreimbursed special education cost" means the sum of
the following:
(1) expenditures for teachers' salaries, contracted
services, supplies, and equipment eligible for revenue under
sections 124.32, subdivisions 1b, 1d, 2, and 10, and 124.322,
subdivision 2 124.3201, 124.3202, and 124.321; plus
(2) expenditures for tuition bills received under section
120.17; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under sections 124.32, subdivisions 1b,
1d, 2, and 10; 124.321, subdivision 1, clause (1); and 124.322,
subdivision 2 124.3201, 124.3202, and 124.321; minus
(4) tuition receipts under section 120.17.
(b) "General revenue," for fiscal year 1996, means the sum
of the general education revenue according to section 124A.22,
subdivision 1, plus the total referendum revenue according to
section 124A.03, subdivision 1e. For fiscal years 1997 and
later, "general revenue" means the sum of the general education
revenue according to section 124A.22, subdivision 1, plus the
total referendum revenue minus transportation sparsity revenue
minus total operating capital revenue.
Sec. 16. Minnesota Statutes 1994, section 124.323,
subdivision 2, is amended to read:
Subd. 2. [EXCESS COST AID REVENUE.] For 1995 1996 and
later fiscal years, a district's special education excess
cost aid revenue equals the product of:
(1) 70 percent of the difference between (i) the district's
unreimbursed special education cost per actual pupil unit and
(ii) six percent for fiscal year 1996 and 5.7 percent for fiscal
year 1997 and later years of the district's general revenue per
actual pupil unit, times
(2) the district's actual pupil units for that year.
Sec. 17. Minnesota Statutes 1994, section 124.323, is
amended by adding a subdivision to read:
Subd. 3. [EXCESS COST AID.] For 1996 and later fiscal
years, a district's special education excess cost aid equals the
district's special education excess cost revenue times the aid
percentage factor for that year.
Sec. 18. Minnesota Statutes 1994, section 124.574, is
amended by adding a subdivision to read:
Subd. 2c. [DEFINITIONS.] For the purposes of this section
and section 124.321, the definitions in this subdivision apply.
(a) "Base year" for fiscal year 1996 means fiscal year 1995.
Base year for later fiscal years means the second fiscal year
preceding the fiscal year for which aid will be paid.
(b) "Basic revenue" has the meaning given it in section
124A.22, subdivision 2. For the purposes of computing basic
revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 124.17, subdivision 1.
(c) "Average daily membership" has the meaning given it in
section 124.17.
(d) "Program growth factor" means 1.00 for fiscal year 1998
and later.
(e) "Aid percentage factor" means 60 percent for fiscal
year 1996, 70 percent for fiscal year 1997, 80 percent for
fiscal year 1998, 90 percent for fiscal year 1999, and 100
percent for fiscal year 2000 and later.
Sec. 19. Minnesota Statutes 1994, section 124.574, is
amended by adding a subdivision to read:
Subd. 2d. [BASE REVENUE.] The secondary vocational
disabled program base revenue equals the sum of the following
amounts computed using base year data:
(1) 68 percent of the salary of each essential licensed
person who provides direct instructional services to students
employed during that fiscal year for services rendered in that
district's secondary vocational education programs for children
with a disability;
(2) 47 percent of the costs of necessary equipment for
secondary vocational education programs for children with a
disability;
(3) 47 percent of the costs of necessary travel between
instructional sites by secondary vocational education teachers
of children with a disability but not including travel to and
from local, regional, district, state, or national vocational
student organization meetings;
(4) 47 percent of the costs of necessary supplies for
secondary vocational education programs for children with a
disability but not to exceed an average of $47 in any one school
year for each child with a disability receiving these services;
(5) for secondary vocational education programs for
children with disabilities provided by a contract approved by
the commissioner with public, private, or voluntary agencies
other than a Minnesota school district or cooperative center, in
place of programs provided by the district, 52 percent of the
difference between the amount of the contract and the basic
revenue of the district for that pupil for the fraction of the
school day the pupil receives services under the contract;
(6) for secondary vocational education programs for
children with disabilities provided by a contract approved by
the commissioner with public, private, or voluntary agencies
other than a Minnesota school district or cooperative center,
that are supplementary to a full educational program provided by
the school district, 52 percent of the amount of the contract;
and
(7) for a contract approved by the commissioner with
another Minnesota school district or cooperative center for
vocational evaluation services for children with a disability
for children that are not yet enrolled in grade 12, 52 percent
of the amount of the contract.
Sec. 20. Minnesota Statutes 1994, section 124.574, is
amended by adding a subdivision to read:
Subd. 2e. [ADJUSTED SECONDARY VOCATIONAL-DISABLED BASE
REVENUE.] For fiscal year 1996 and later, a district's adjusted
secondary vocational-disabled base revenue equals the district's
secondary vocational-disabled base revenue times the ratio of
the district's average daily membership for the current school
year to the district's average daily membership for the base
year.
Sec. 21. Minnesota Statutes 1994, section 124.574, is
amended by adding a subdivision to read:
Subd. 2f. [STATE TOTAL SECONDARY VOCATIONAL-DISABLED
REVENUE.] The state total secondary vocational-disabled revenue
for fiscal year 1996 equals $7,645,000. The state total
secondary vocational-disabled revenue for fiscal year 1997
equals $7,960,000. The state total secondary
vocational-disabled revenue for later fiscal years equals:
(1) the state total secondary vocational-disabled revenue
for the preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
Sec. 22. Minnesota Statutes 1994, section 124.574, is
amended by adding a subdivision to read:
Subd. 2g. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED
REVENUE.] A school district's secondary vocational-disabled
revenue for fiscal year 1996 and later equals the state total
secondary vocational-disabled revenue times the ratio of the
district's adjusted secondary vocational-disabled base revenue
to the state total adjusted secondary vocational-disabled base
revenue.
Sec. 23. Minnesota Statutes 1994, section 124.574, is
amended by adding a subdivision to read:
Subd. 2h. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED
AID.] A school district's secondary vocational-disabled aid for
fiscal year 1996 and later equals the district's secondary
vocational-disabled revenue times the aid percentage factor for
that year.
Sec. 24. Minnesota Statutes 1994, section 124.574,
subdivision 9, is amended to read:
Subd. 9. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of this section and
section 124.321, a cooperative center or an intermediate
district shall allocate its approved expenditures for secondary
vocational programs for children with a disability among
participating school districts. Aid for secondary vocational
programs for children with a disability for services provided by
a cooperative or intermediate district shall be paid to the
participating school districts.
Sec. 25. [HOMESTEAD AND AGRICULTURAL CREDIT ADJUSTMENT.]
(a) For the computation of homestead and agricultural aid
for taxes payable in 1996, the commissioner of revenue shall
reduce a school district's homestead and agricultural aid by an
amount equal to the lesser of: (1) 25 percent of the amount of
the district's homestead and agricultural aid for calendar year
1995; or (2) an amount equal to one percent times the district's
adjusted net tax capacity for assessment year 1994.
(b) Prior to the computation of homestead and agricultural
aid for taxes payable in 1997, the commissioner of revenue shall
reduce the school district's homestead and agricultural aid by
an amount equal to the lesser of: (1) 50 percent of the amount
of the district's homestead and agricultural aid for calendar
year 1995; or (2) an amount equal to one percent times the
district's adjusted net tax capacity for assessment year 1994.
(c) Prior to the computation of homestead and agricultural
aid for taxes payable in 1998, the commissioner of revenue shall
reduce a school district's homestead and agricultural aid by an
amount equal to the lesser of: (1) 75 percent of the amount of
the district's homestead and agricultural aid for calendar year
1995; or (2) an amount equal to one percent times the district's
adjusted net tax capacity for assessment year 1994.
(d) Prior to the computation of homestead and agricultural
aid for taxes payable in 1999, the commissioner of revenue shall
reduce a school district's homestead and agricultural aid by an
amount equal to the lesser of: (1) the amount of the district's
homestead and agricultural aid for calendar year 1995; or (2) an
amount equal to one percent times the district's adjusted net
tax capacity for assessment year 1994.
(e) Prior to the computation of homestead and agricultural
aid for taxes payable in 2000 and later years, the commissioner
of revenue shall reduce a school district's homestead and
agricultural aid by an amount equal to the lesser of: (1) any
remaining amount of the district's homestead and agricultural
aid; or (2) an amount equal to one percent times the district's
adjusted net tax capacity for assessment year 1994.
Sec. 26. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums
indicated in this section are appropriated from the general fund
or other named fund to the department of education for the
fiscal years designated.
Subd. 2. [SPECIAL EDUCATION AID.] For special education
aid according to Minnesota Statutes, section 124.32:
$195,432,000 ..... 1996
$236,453,000 ..... 1997
The 1996 appropriation includes $28,230,000 for 1995 and
$206,947,000 for 1996.
The 1997 appropriation includes $29,506,000 for 1996 and
$206,947,000 for 1997.
Subd. 3. [SPECIAL PUPIL AID.] For special education aid
according to Minnesota Statutes, section 124.32, subdivision 6,
for pupils with handicaps placed in residential facilities
within the district boundaries for whom no district of residence
can be determined:
$470,000 ..... 1996
$479,000 ..... 1997
If the appropriation for either year is insufficient, the
appropriation for the other year is available. If the
appropriations for both years are insufficient, the
appropriation for special education aid may be used to meet the
special pupil obligations.
Subd. 4. [SUMMER SPECIAL EDUCATION AID.] For special
education summer program aid according to Minnesota Statutes,
section 124.32, subdivision 10:
$4,310,000 ..... 1996
$2,610,000 ..... 1997
The 1996 appropriation is for 1995 summer programs.
The 1997 appropriation is for 1996 summer programs provided
in fiscal year 1996.
Subd. 5. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services according to Minnesota
Statutes, section 124.32, subdivision 2b:
$77,000 ..... 1996
$80,000 ..... 1997
The 1996 appropriation includes $11,000 for 1995 and
$66,000 for 1996.
The 1997 appropriation includes $11,000 for 1996 and
$69,000 for 1997.
Subd. 6. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid:
$6,297,000 ..... 1996
$12,196,000 ..... 1997
The 1996 appropriation includes $760,000 for 1995 and
$5,537,000 for 1996.
The 1997 appropriation includes $976,000 for 1996 and
$11,220,000 for 1997.
Subd. 7. [TARGETED NEEDS AID.] For targeted needs aid:
$37,682,000 ..... 1996
$41,597,000 ..... 1997
(a) Of the 1996 amount, $945,000 is for 1995 LEP aid and
$4,359,000 is for 1996 LEP aid. Of the 1996 amount, $1,979,000
is for 1995 AOM aid and $11,555,000 is for 1996 AOM aid. Of the
1996 amount, $18,844,000 is for 1996 integration aid.
(b) Of the 1997 amount, $1,089,000 is for 1996 LEP aid and
$7,913,000 is for 1997 LEP aid. Of the 1997 amount, $2,039,000
is for 1996 AOM aid and $11,712,000 is for 1997 AOM aid. Of the
1997 amount, $18,844,000 is for 1997 integration aid.
(c) As a condition of receiving a grant, each district must
continue to report its costs according to the uniform financial
accounting and reporting system. As a further condition of
receiving a grant, each district must submit a report to the
chairs of the education committees of the legislature about the
actual expenditures it made for integration using the grant
money including achievement results. These grants may be used to
transport students attending a nonresident district under
Minnesota Statutes, section 120.062, to the border of the
resident district. A district may allocate a part of the grant
to the transportation fund for this purpose.
Subd. 8. [SECONDARY VOCATIONAL; STUDENTS WITH
DISABILITIES.] For aid for secondary vocational education for
pupils with disabilities according to Minnesota Statutes,
section 124.574:
$4,489,000 ..... 1996
$5,424,000 ..... 1997
The 1996 appropriation includes $590,000 for 1995 and
$3,899,000 for 1996.
The 1997 appropriation includes $688,000 for 1996 and
$4,736,000 for 1997.
Subd. 9. [SPECIAL PROGRAMS EQUALIZATION AID.] For special
education levy equalization aid according to Minnesota Statutes,
section 124.321:
$24,525,000 ..... 1996
$19,030,000 ..... 1997
The 1996 appropriation includes $2,584,000 for 1995 and
$21,941,000 for 1996.
The 1997 appropriation includes $3,872,000 for 1996 and
$15,158,000 for 1997.
Subd. 10. [LOW-INCOME CONCENTRATION GRANTS.] For
low-income concentration grants according to Laws 1994, chapter
647, article 8, section 43:
$1,150,000 ..... 1996
$1,150,000 ..... 1997
Sec. 27. [REPEALER.]
Minnesota Statutes 1994, sections 124.273, subdivisions 1b
and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; and
124.574, subdivisions 2b, 3, 4, and 4a, are repealed.
ARTICLE 16
DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING
Section 1. [119A.01] [ABOLISHMENT; ESTABLISHMENT; PURPOSE;
AND GOALS.]
Subdivision 1. [ABOLISHMENT.] The position of commissioner
of education and the department of education are abolished. The
employees of the department of education are transferred to the
department of children, families, and learning under section
15.039, subdivision 7.
Subd. 2. [ESTABLISHMENT.] The department of children,
families, and learning is established.
Subd. 3. [PURPOSE.] The purpose in creating the department
is to increase the capacity of Minnesota communities to
measurably improve the well-being of children and families by:
(1) coordinating and integrating state funded and locally
administered family and children programs;
(2) improving flexibility in the design, funding, and
delivery of programs affecting children and families;
(3) providing greater focus on strategies designed to
prevent problems affecting the well-being of children and
families;
(4) enhancing local decision making, collaboration, and the
development of new governance models;
(5) improving public accountability through the provision
of research, information, and the development of measurable
program outcomes;
(6) increasing the capacity of communities to respond to
the whole child by improving the ability of families to gain
access to services;
(7) encouraging all members of a community to nurture all
the children in the community; and
(8) supporting parents in their dual roles as breadwinners
and parents.
Sec. 2. [119A.02] [DEFINITIONS.]
Subdivision 1. [APPLICATION.] The definitions in this
section apply to this chapter.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of children, families, and learning.
Subd. 3. [DEPARTMENT.] "Department" means the department
of children, families, and learning.
Subd. 4. [LOCAL GRANTEE.] "Local grantee" means a local
unit of government or an agency or organization that receives
funds under section 119A.04.
Sec. 3. [119A.03] [COMMISSIONER.]
Subdivision 1. [GENERAL.] The department is under the
administrative control of the commissioner. The commissioner is
appointed by the governor with the advice and consent of the
senate. The commissioner must possess broad knowledge and
experience in strengthening children and families. The
commissioner has the general powers as provided in section
15.06, subdivision 6.
The commissioner's salary must be established according to
the procedure in section 15A.081, subdivision 1, in the same
range as that specified for the commissioner of finance.
Subd. 2. [DUTIES OF THE COMMISSIONER.] The commissioner
shall:
(1) identify measurable outcomes by which programs
administered by the department will be evaluated at the state
and local level;
(2) develop linkages with other state departments to ensure
coordination and consistent state policies promoting healthy
development of children and families;
(3) prepare, in consultation with the children's cabinet,
the commission on children, youth, and their families, and
affected parties, prior to January 1, 1996, and prior to July 1
of each year thereafter, guidelines governing planning,
reporting, and other procedural requirements necessary to
administer this chapter;
(4) facilitate inclusive processes when designing or
implementing guidelines and strategies to achieve agency goals
for children and families listed in section 119A.01, subdivision
3;
(5) facilitate intergovernmental and public-private
partnership strategies necessary to implement this chapter;
(6) submit to the federal government, or provide assistance
to local governments and organizations in submitting, where
appropriate and feasible, requests for federal waivers or
recommendations for changes in federal law necessary to carry
out the purposes of this chapter;
(7) coordinate review of all plans and other documents
required under the guidelines provided for in clause (3);
(8) coordinate development of the management support system
components required for implementation of this chapter;
(9) review other programs serving children and families to
determine the feasibility for transfer to the department of
children, families, and learning or the feasibility of inclusion
in the funding consolidation process; and
(10) monitor local compliance with this chapter.
Sec. 4. [119A.04] [TRANSFERS FROM OTHER AGENCIES.]
Subdivision 1. [DEPARTMENT OF HUMAN SERVICES.] The powers
and duties of the department of human services with respect to
the following programs are transferred to the department of
children, families, and learning under section 15.039. The
programs needing federal approval to transfer shall be
transferred when the federal government grants transfer
authority to the commissioner:
(1) children's trust fund under sections 257.80 to 257.807;
(2) the family services and community-based collaboratives
under section 121.8355;
(3) the early childhood care and education council under
section 256H.195;
(4) the child care programs under sections 256H.01 to
256H.19;
(5) the migrant child care program under section 256.01;
(6) the child care resource and referral program under
sections 256H.196 and 256H.20; and
(7) the child care service development program under
sections 256H.21 to 256H.24.
Subd. 2. [DEPARTMENT OF ECONOMIC SECURITY.] The powers and
duties of the department of economic security with respect to
the following programs are transferred to the department of
children, families, and learning under section 15.039 on July 1,
1997: (1) the Head Start program, including Project
Cornerstone, under sections 268.912 to 268.916; and (2)
community action agency programs and financial assistance under
sections 268.52 and 268.54.
Subd. 3. [OFFICE OF STRATEGIC AND LONG-RANGE PLANNING.]
The powers and duties of the office of strategic and long-range
planning with respect to the following programs are transferred
to the department of children, families, and learning under
section 15.039. The programs needing federal approval to
transfer shall be transferred when the federal government grants
transfer authority to the commissioner:
(1) the information redesign project under section 4A.01;
(2) the action for children activity under section 4A.01;
(3) the teen pregnancy prevention program under section
4A.01; and
(4) the Minnesota children's initiative project under
section 4A.01.
Subd. 4. [DEPARTMENT OF CORRECTIONS.] The powers and
duties with respect to the following program is transferred to
the department of children, families, and learning under section
15.039: child abuse and child victims services under chapter
611A.
Subd. 5. [DEPARTMENT OF PUBLIC SAFETY.] The powers and
duties with respect to the following program is transferred to
the department of children, families, and learning under section
15.039: drug policy and violence prevention and the community
advisory violence prevention councils under sections 299A.29 to
299A.37 and 299A.40.
Subd. 6. [FUNDING FOR TRANSFERRED PROGRAMS.] State
appropriations for programs transferred under this section may
not be used to replace appropriations for K-12 programs.
Sec. 5. [119A.05] [FUNDING CONSOLIDATION.]
Subdivision 1. [AUTHORITY FOR FUNDING CONSOLIDATION.]
Notwithstanding existing law governing allocation of funds by
local grantees, mode of service delivery, grantee planning and
reporting requirements, and other procedural requirements for
the grant programs identified in this section, a local grantee
may elect to consolidate all or a portion of funding received
from the programs under subdivision 5 in a collaboration funding
plan, if all conditions specified in this section are
satisfied. County boards, school boards, or governing boards of
other grantees may elect not to consolidate funding for a
program.
For grantees electing consolidation, the commissioner may,
with the approval of the board of government innovation and
cooperation, waive all provisions of rules inconsistent with the
intent of this section. This waiver authority does not apply to
rules governing client protections, due process, or inclusion of
clients, parents, cultures, and ethnicities in decision making.
Funding to a local grantee must be determined according to the
funding formulas or allocation rules governing the individual
programs listed in section 119A.04.
Subd. 2. [ACCOUNT.] A consolidated funding account is
established under the control of the commissioner of children,
families, and learning. The purpose of this account is to
clearly identify and provide accountability for funds previously
distributed to local grantees through the individual categorical
grant programs in subdivision 5. By direction of the
commissioner, after consultation with the partnership planning
team and, upon a finding that the conditions specified in this
section have been satisfied, funds must be transmitted to this
account and allocated to local grantees by the commissioner.
Subd. 3. [ELIGIBILITY; ACCOUNTABILITY.] To be eligible to
receive funding for local consolidation, as provided for in this
section, a grantee must meet the following requirements:
(1) demonstrate participation by counties and schools in a
local collaborative process as defined in section 121.8355 or in
a similar process of collaboration with other local governments
and community organizations which satisfies the governance and
planning guidelines published by the commissioner as provided
for in this section;
(2) document consultation by counties and schools with
community action agencies and other community groups;
(3) complete and document, according to guidelines
published by the commissioner, a collaborative planning process
which clearly identifies:
(i) allocation of resources in the collaboration annual
funding plan;
(ii) a description of the governance structure for the
execution of the funding plan;
(iii) outcomes consistent with the statewide goals
identified in this chapter and in statutes governing previous
categorical funding included in the collaboration funding plan;
and
(iv) indicators sufficient to measure improvement or
decline in specified outcomes compared to baseline performance;
(4) conduct a public hearing on the funding consolidation
plan under section 471.705;
(5) agree to periodically report information concerning
progress in addressing outcomes, as provided for in guidelines
to be published by the commissioner; and
(6) execute a written agreement between the commissioner
and the local grantees setting forth responsibilities,
obligations, and conditions consistent with this section. The
agreement must state that the funds that are being locally
consolidated will be used collectively only to achieve the
objectives of the separate programs being locally consolidated.
Subd. 4. [GEOGRAPHIC AREA.] The geographic area for a
local consolidated funding process must be an entire county, a
multicounty area, or, with the approval of the county board and
commissioner, a subcounty area, if county funds are used. The
process may provide for coordination of service delivery in
jurisdictions that extend across county boundaries.
Subd. 5. [PROGRAMS INCLUDED.] Grant programs transferred
to the department of children, families, and learning in section
119A.04 and programs transferred from the abolished department
of education are eligible for local funding consolidation.
Eligibility of any federally funded programs for local funding
consolidation is conditioned upon obtaining necessary federal
waivers or changes in federal law.
Subd. 6. [ENTRY INTO PROGRAM.] Grantees who meet all
requirements of this section may elect to begin using funding
for a local consolidated funding process beginning January 1,
1996, or at each six-month interval. Other local grantees that
meet all requirements of this section may elect to begin using
funding for a local consolidation funding process beginning July
1, 1996, or at each six-month interval.
Subd. 7. [SANCTIONS.] If the commissioner finds that a
grantee has failed to comply with this section, the grantee
becomes subject to all requirements of individual grant programs
as specified in statutes and rules.
Sec. 6. Minnesota Statutes 1994, section 256F.13,
subdivision 1, is amended to read:
Subdivision 1. [FEDERAL REVENUE ENHANCEMENT.] (a) [DUTIES
OF THE COMMISSIONER OF HUMAN SERVICES.] The commissioner of
human services may enter into an agreement with one or more
family services collaboratives to enhance federal reimbursement
under Title IV-E of the Social Security Act and federal
administrative reimbursement under Title XIX of the Social
Security Act. The commissioner may contract with the department
of children, families, and learning for purposes of transferring
the federal reimbursement to the commissioner of children,
families, and learning to be distributed to the collaboratives
according to clause (2). The commissioner shall have the
following authority and responsibilities regarding family
services collaboratives:
(1) the commissioner shall submit amendments to state plans
and seek waivers as necessary to implement the provisions of
this section;
(2) the commissioner shall pay the federal reimbursement
earned under this subdivision to each collaborative based on
their earnings. Notwithstanding section 256.025, subdivision 2,
payments to collaboratives for expenditures under this
subdivision will only be made of federal earnings from services
provided by the collaborative;
(3) the commissioner shall review expenditures of family
services collaboratives using reports specified in the agreement
with the collaborative to ensure that the base level of
expenditures is continued and new federal reimbursement is used
to expand education, social, health, or health-related services
to young children and their families;
(4) the commissioner may reduce, suspend, or eliminate a
family services collaborative's obligations to continue the base
level of expenditures or expansion of services if the
commissioner determines that one or more of the following
conditions apply:
(i) imposition of levy limits that significantly reduce
available funds for social, health, or health-related services
to families and children;
(ii) reduction in the net tax capacity of the taxable
property eligible to be taxed by the lead county or
subcontractor that significantly reduces available funds for
education, social, health, or health-related services to
families and children;
(iii) reduction in the number of children under age 19 in
the county, collaborative service delivery area, subcontractor's
district, or catchment area when compared to the number in the
base year using the most recent data provided by the state
demographer's office; or
(iv) termination of the federal revenue earned under the
family services collaborative agreement;
(5) the commissioner shall not use the federal
reimbursement earned under this subdivision in determining the
allocation or distribution of other funds to counties or
collaboratives;
(6) the commissioner may suspend, reduce, or terminate the
federal reimbursement to a provider that does not meet the
reporting or other requirements of this subdivision;
(7) the commissioner shall recover from the family services
collaborative any federal fiscal disallowances or sanctions for
audit exceptions directly attributable to the family services
collaborative's actions in the integrated fund, or the
proportional share if federal fiscal disallowances or sanctions
are based on a statewide random sample; and
(8) the commissioner shall establish criteria for the
family services collaborative for the accounting and financial
management system that will support claims for federal
reimbursement.
(b) [FAMILY SERVICES COLLABORATIVE RESPONSIBILITIES.] The
family services collaborative shall have the following authority
and responsibilities regarding federal revenue enhancement:
(1) the family services collaborative shall be the party
with which the commissioner contracts. A lead county shall be
designated as the fiscal agency for reporting, claiming, and
receiving payments;
(2) the family services collaboratives may enter into
subcontracts with other counties, school districts, special
education cooperatives, municipalities, and other public and
nonprofit entities for purposes of identifying and claiming
eligible expenditures to enhance federal reimbursement, or to
expand education, social, health, or health-related services to
families and children;
(3) the family services collaborative must continue the
base level of expenditures for education, social, health, or
health-related services to families and children from any state,
county, federal, or other public or private funding source
which, in the absence of the new federal reimbursement earned
under this subdivision, would have been available for those
services, except as provided in subdivision 1, paragraph (a),
clause (4). The base year for purposes of this subdivision
shall be the four-quarter calendar year ending at least two
calendar quarters before the first calendar quarter in which the
new federal reimbursement is earned;
(4) the family services collaborative must use all new
federal reimbursement resulting from federal revenue enhancement
to expand expenditures for education, social, health, or
health-related services to families and children beyond the base
level, except as provided in subdivision 1, paragraph (a),
clause (4);
(5) the family services collaborative must ensure that
expenditures submitted for federal reimbursement are not made
from federal funds or funds used to match other federal funds.
Notwithstanding section 256B.19, subdivision 1, for the purposes
of family services collaborative expenditures under agreement
with the department, the nonfederal share of costs shall be
provided by the family services collaborative from sources other
than federal funds or funds used to match other federal funds;
(6) the family services collaborative must develop and
maintain an accounting and financial management system adequate
to support all claims for federal reimbursement, including a
clear audit trail and any provisions specified in the agreement;
and
(7) the family services collaborative shall submit an
annual report to the commissioner as specified in the agreement.
Sec. 7. [PARTNERSHIP PLANNING TEAM AND FAMILY ADVISORY
GROUP.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning shall select not more than 15
persons knowledgeable about serving children and families to
serve on the partnership planning team.
The partnership planning team must include representatives
from community-based organizations serving primarily communities
of color, county boards, school boards, community action
agencies, and parents, representing a broad cross-section of
income groups, racial and ethnic groups, and ages of children.
Subd. 2. [DUTIES.] The team shall advise the commissioner
in the following areas:
(1) structure of the department;
(2) appropriate department advisory board structure;
(3) the appropriateness of specific applications for
funding consolidation and the consistency of those applications
with the purposes of chapter 119A;
(4) potential funding reductions; and
(5) technical refinements to the legislation establishing
the new department and funding consolidation.
Subd. 3. [REPORT.] The team must also provide a report to
the 1996 legislature that describes the new department
structure, provides a summary of the ways in which the
department is fulfilling the purposes and achieving the goals
specified in Minnesota Statutes, section 119A.01, and provides a
recommendation for technical refinements related to the
legislation creating the department.
Sec. 8. [DEMONSTRATION PROJECT; ALLOWING CONSOLIDATION OF
COUNTY PLANS.]
Subdivision 1. [AUTHORIZATION FOR DEMONSTRATION PROJECT.]
The commissioners of human services; corrections; health; and
children, families, and learning shall allow counties to
consolidate the plans required under Minnesota Statutes,
chapters 145A, 256E, and 401, into one plan, to be submitted to
those commissioners.
Subd. 2. [DUTIES OF COMMISSIONERS.] The several
commissioners shall work together and shall work with the
counties participating in the pilot project when developing the
single county plan. Each commissioner shall also provide
technical assistance to the county, if requested by the county.
Subd. 3. [INTEGRATED COUNTY PLANNING.] The counties
participating in the pilot project may submit one plan
consolidating the community health, community social services,
and community corrections plans required under Minnesota
Statutes, chapters 145A, 256E, and 401, respectively. County
boards, corrections advisory boards, community health boards,
community action agencies, private industry councils, and school
districts shall collaborate in planning for and providing a
continuum of services in each county.
Subd. 4. [COUNTY PLAN.] The plan must comply with federal
requirements. The plan may be submitted to the commissioners by
computer. The plan must be a three-part plan in that it must
provide a summary of:
(1) intracounty collaboration;
(2) collaboration with other service providers; and
(3) collaboration with local nonprofit organizations,
including churches and ecumenical organizations.
The two parts of the plan shall each provide information on
the existence or nonexistence of efforts to integrate funding,
collaborate governance, cross-train, coordinate information
gathering and management, and provide a one-stop service center
or community-based service delivery system to improve the
provision of services offered to children and families. The
plan must also address the barriers to collaboration.
Subd. 5. [COMMISSIONERS' REPORT.] For purposes of this
section, the several commissioners shall provide one
consolidated report to the legislature by January 1, 1996. The
report shall evaluate the pilot counties' single plan and shall
provide the advantages and problems with consolidating the plans.
Sec. 9. [REPORT ON STRUCTURE OF AGENCIES.]
The commissioner of administration in separate consultation
with the commissioners of the departments of human services,
health, corrections, public safety, housing finance, and the
office of strategic and long-range planning shall prepare a
report by February 15, 1996, examining the organization of
programs remaining in those departments after transfer of the
programs identified in this bill, and identifying alternative
organizational structures that may be more effective and
efficient than the organization prior to the transfer.
Sec. 10. [WORKER PROVISIONS.]
Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
finds that the reorganization of state agencies, including the
abolishment of agencies or their functions and the merger of
agency functions to the extent possible, makes the best use of
affected agency employees and improves the direct service
capabilities of state employees to provide public services to
citizens of the state and to customers of the agency. To ensure
that quality services are delivered to citizens of Minnesota,
appointing authorities shall comply with this section.
Subd. 2. [RESTRUCTURING PROVISIONS.] The restructuring of
agencies required by this act must be conducted in accordance
with Minnesota Statutes, sections 15.039 and 43A.045.
Subd. 3. [WORKER PARTICIPATION COMMITTEES.] (a) After the
commissioner-designate of children, families, and learning has
been appointed, before the restructuring of executive branch
agencies under this act, a labor and management committee
including representatives of employees and employers must be
established and given adequate time to perform the activities
prescribed by paragraph (b). Each exclusive representative of
employees shall select a committee member from each of its
bargaining units in each affected agency. The head of each
agency shall select an employee member from each unit of
employees not represented by an exclusive representative. The
agency head shall also appoint one or more committee members to
represent the agency. The number of members appointed by the
agency head, however, may not exceed the total number of members
selected by exclusive representatives. The labor and management
committee must be participatory and nonauthoritarian. Exclusive
representatives must be directly involved in the work of the
committee.
(b) The committee established under paragraph (a) shall:
(1) in cooperation with the commissioner of education and
the commissioner-designate, review and reevaluate the powers and
duties of the department of education and identify those that
are consistent with the purpose and goals of the department of
children, families, and learning;
(2) identify tasks related to agency reorganization and
adopt plans for addressing those tasks;
(3) identify other employer and employee issues related to
reorganization and adopt plans for addressing those issues;
(4) adopt plans for implementing this act, including
detailed plans for providing retraining for affected employees;
and
(5) guide the implementation of the reorganization.
Subd. 4. [EMPLOYEE JOB SECURITY.] The head of an agency
that is scheduled to be restructured shall meet and negotiate
with the exclusive representatives of affected employees of the
agency in the event that employees are at risk of being laid off
due to restructuring or significant change in the activities of
the agency. Bargaining under this subdivision must have as its
purpose the achievement of the highest possible degree of public
service delivery to the citizens of Minnesota and the provision
of appropriate incentives to state employees. Incentives may
include, but are not limited to, early retirement incentives,
negotiated options in place of layoff, methods to mitigate
layoffs and the effect of layoffs, job training and retraining
opportunities, and enhanced severance.
Subd. 5. [EMPLOYEE TRAINING AND RETRAINING.] The
legislature recognizes that a well-trained and well-educated
work force is needed to provide effective and efficient public
service delivery and that training and retraining of state
employees is a priority when merger and reorganization of state
agencies occur. The labor and management committee required by
subdivision 2 shall determine the employee training and
retraining required because of agency reorganization. Employees
whose job duties are affected by reorganization must be given
the opportunity to take part in training or retraining for the
new job duties. Existing employees must be trained or retrained
for agency positions before new hiring takes place.
Sec. 11. [APPOINTMENT; TRANSFERS OF EDUCATION FUNCTIONS.]
By July 1, 1995, the governor shall appoint a
commissioner-designate of the department of children, families,
and learning. The person appointed becomes the governor's
appointee as commissioner on the effective date of Minnesota
Statutes, sections 119A.01, subdivision 2, and 119A.03. The
commissioner-designee, in cooperation with the commissioner of
education, shall review and reevaluate the powers and duties of
the department of education and identify those that are
consistent with the purpose and goals of the department of
children, families, and learning. The functions identified by
the commissioner-designate are transferred to the department of
children, families, and learning under Minnesota Statutes,
section 15.039, effective October 1, 1995.
Sec. 12. [REPORT ON INTEGRATION WITH OTHER INCOME
MAINTENANCE AND ECONOMIC SECURITY PROGRAMS.]
The children's cabinet shall prepare a report by November
15, 1996, examining the integration of programs in the
department of children, families, and learning with income
maintenance and economic security programs operated by other
departments. The report shall make recommendations on the
appropriate agency placement of the income maintenance and
economic security programs reviewed.
Sec. 13. [REVISOR INSTRUCTION.]
The revisor of statutes shall identify in Minnesota
Statutes and Minnesota Rules all references to the commissioner
of education and the department of education and shall make the
following terminology changes:
(1) all references to the commissioner of education shall
be changed to the commissioner of children, families, and
learning;
(2) all references to the department of education shall be
changed to the department of children, families, and learning;
(3) all references involving the commissioner of education
shall be rewritten to give all relevant responsibilities or
authorities to the commissioner of children, families, and
learning; and
(4) all references to the programs being transferred to the
department of children, families, and learning to reflect that
those programs are under the jurisdiction of the commissioner of
children, families, and learning.
The revisor shall prepare a report for the 1996 legislature
showing where these changes were made.
The changes identified by the revisor shall be made
effective October 1, 1995, pursuant to the effective date in
section 15.
Sec. 14. [REPEALER.]
Laws 1995, chapter 207, article 1, section 9, subdivision
3, is repealed effective the day following final enactment.
Sec. 15. [EFFECTIVE DATE.]
Section 1, subdivision 1, is effective September 30, 1995.
Section 1, subdivisions 2 and 3, and sections 2, 3, 5, 7, and
13, are effective October 1, 1995. Section 4 is effective July
1, 1996. Sections 8 and 10 are effective July 1, 1995. Section
11 is effective the day following final enactment.
Presented to the governor May 26, 1995
Signed by the governor June 8, 1995, 1:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes