Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 412-H.F.No. 2156
An act relating to education; prekindergarten through
grade 12; providing for general education;
transportation; special programs; community education;
facilities; organization and cooperation; education
excellence; other education programs and financing;
education policy provisions; libraries; state
agencies; technology; conforming amendments;
appropriating money; amending Minnesota Statutes 1994,
sections 120.06, subdivision 1; 120.08, subdivision 3;
120.17, subdivision 9, and by adding a subdivision;
120.1701, subdivision 10; 120.73, subdivision 1;
121.8355, subdivision 1, and by adding a subdivision;
121.906; 121.914, subdivision 1; 121.915; 122.32,
subdivision 1; 122.535, subdivision 6; 122.895,
subdivision 2; 123.35, subdivision 19a, and by adding
a subdivision; 123.351, subdivision 10; 123.3514,
subdivision 9; 123.37, subdivision 1a; 123.38,
subdivisions 2 and 2b; 123.39, subdivision 8b;
123.932, subdivisions 1b, 1c, 1e, and 11; 123.933, as
amended; 123.935, subdivisions 2 and 7; 124.09;
124.17, subdivision 1e, and by adding subdivisions;
124.195, subdivision 8; 124.239, subdivision 4;
124.2711, subdivision 6; 124.2713, subdivision 10;
124.273, by adding subdivisions; 124.276; 124.311,
subdivisions 1, 2, 3, 4, 5, and 7; 124.573,
subdivision 3; 124.86, subdivisions 1 and 2; 124.91,
subdivision 1, and by adding a subdivision; 124.912,
subdivision 6; 124.916, subdivision 4; 124.95,
subdivision 1; 124A.02, subdivision 25; 124A.029,
subdivision 4; 124A.03, subdivisions 2b, 3b, and by
adding a subdivision; 124A.0311, subdivision 3;
124A.035, subdivision 4; 124A.036, by adding a
subdivision; 124A.22, by adding a subdivision;
124A.28, subdivision 1; 124A.291; 124C.45, by adding a
subdivision; 125.05, subdivision 1a, and by adding a
subdivision; 125.09, subdivision 4; 125.1385,
subdivision 1; 125.185, subdivision 4; 125.60,
subdivision 2; 125.611, subdivision 1; 125.70;
125.701; 125.703; 125.704; 125.705, subdivision 1;
126.151, subdivision 2; 126.22, subdivision 1;
126.531, subdivision 3; 126.83; 128D.11, subdivisions
3, 5, 8, and 10; 134.34, by adding a subdivision;
136D.23, subdivision 1; 136D.83, subdivision 1;
144.4165; 169.4504, by adding a subdivision; 256.736,
subdivision 11; 466.01, subdivision 1; and 471.59,
subdivision 11; Minnesota Statutes 1995 Supplement,
sections 13.46, subdivision 2; 43A.316, subdivision 2;
65B.132; 115A.072, subdivision 1; 120.064, subdivision
9; 120.1045, subdivision 1, and by adding a
subdivision; 120.17, subdivisions 3a, 3b, and 6;
120.1701, subdivision 20; 120.181; 120.74, subdivision
1; 121.11, subdivision 7c; 121.15, subdivision 1;
121.904, subdivision 4c; 121.911, subdivision 5;
121.917, subdivision 4; 121.935, subdivision 1a;
123.3514, subdivisions 6 and 6b; 123.7991, subdivision
2; 124.155, subdivision 2; 124.17, subdivision 1;
124.195, subdivision 12; 124.223, subdivision 4;
124.225, subdivisions 8l, 14, 16, and 17; 124.227;
124.243, subdivision 2; 124.2445; 124.2455; 124.248,
subdivisions 1, 1a, 2, and 3; 124.273, subdivisions 1c
and 1d; 124.314, subdivision 2; 124.3201, subdivisions
1, 2, 3, 5, and by adding subdivisions; 124.3202;
124.323, subdivisions 1 and 2; 124.574, subdivisions
2f and 2g; 124.71, subdivision 2; 124.912, subdivision
1; 124.918, subdivision 2; 124.961; 124A.03,
subdivision 2; 124A.0311, subdivision 2; 124A.22,
subdivisions 2a, 10, and 13b; 124A.23, subdivision 4;
124C.74, subdivisions 2 and 3; 125.05, subdivision 1;
126.151, subdivision 1; 126.22, subdivisions 2, 3, 5,
and 8; 126.23; 126.70, subdivision 1; 128B.03,
subdivision 3a; 134.46; 169.01, subdivision 6;
237.065; 325G.203, subdivision 11; and 631.40,
subdivision 1a; Laws 1993, chapter 224, article 1,
section 34, subdivisions 2 and 3; article 12, sections
39, as amended; and 41, as amended; Laws 1995, First
Special Session chapter 3, article 1, sections 61; and
63, subdivision 2; article 2, section 53; article 3,
section 19, subdivisions 7 and 15; article 4, section
29, subdivision 10; article 5, section 20,
subdivisions 5, 6, and 7; article 6, section 17,
subdivisions 2, 4, and by adding subdivisions; article
7, section 5, subdivision 4; article 8, sections 25,
subdivisions 2 and 18; and 27; article 11, sections
21, subdivision 2; 22; and 23; article 12, sections 8,
subdivision 1; and 12, subdivision 7; article 14,
section 5; article 15, sections 25; and 26,
subdivisions 7, 8, and 10; proposing coding for new
law in Minnesota Statutes, chapters 120; 121; 123;
124; 124C; 125; 126; and 136D; repealing Minnesota
Statutes 1994, sections 121.11, subdivision 15; and
136D.75; Minnesota Statutes 1995 Supplement, sections
120.1045, subdivision 3; and 126A.02, subdivision 2;
Laws 1993, chapter 224, article 1, section 34,
subdivision 1; Minnesota Rules, parts 8700.7700;
8700.7710; 8750.9000; 8750.9100; 8750.9200; 8750.9300;
8750.9400; 8750.9500; 8750.9600; and 8750.9700.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 1995 Supplement, section
13.46, subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) to the Minnesota department of economic security for
the purpose of monitoring the eligibility of the data subject
for reemployment insurance, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state pursuant to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children may be disclosed to law enforcement
officers who provide the name and social security number of the
recipient and satisfactorily demonstrate that: (i) the
recipient is a fugitive felon, including the grounds for this
determination; (ii) the location or apprehension of the felon is
within the law enforcement officer's official duties; and (iii)
the request is made in writing and in the proper exercise of
those duties;
(16) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony level offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
food stamp act, in accordance with Code of Federal Regulations,
title 7, section 272.1(c);
(18) data on a child support obligor who is in arrears may
be disclosed for purposes of publishing the data pursuant to
section 518.575;
(19) data on child support payments made by a child support
obligor may be disclosed to the obligee; or
(20) data in the work reporting system may be disclosed
under section 256.998, subdivision 7.; or
(21) to the Minnesota department of children, families, and
learning for the purpose of matching department of children,
families, and learning student records to public assistance
records to determine students eligible for free and reduced
price meals, meal supplements, and free milk pursuant to United
States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772,
and 1773; to produce accurate numbers of students receiving aid
to families with dependent children as required by section
124.175; and to allocate federal and state resources that are
distributed based on income of the student's family.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), or (17), or paragraph (b), are
investigative data and are confidential or protected nonpublic
while the investigation is active. The data are private after
the investigation becomes inactive under section 13.82,
subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 2. Minnesota Statutes 1994, section 121.906, is
amended to read:
121.906 [EXPENDITURES; REPORTING.]
Subdivision 1. [RECOGNITION.] School district expenditures
shall be recognized and reported on the district books of
account in accordance with this section.
There shall be fiscal year-end recognition of expenditures
and the related offsetting liabilities recorded in each fund in
accordance with the uniform financial accounting and reporting
standards for Minnesota school districts. Encumbrances
outstanding at the end of the fiscal year do not constitute
expenditures or liabilities.
Deviations from the principles set forth in this section
subdivision shall be evaluated and explained in footnotes to
audited financial statements.
Subd. 2. [ACCOUNTING.] Expenditures for any legal purpose
of the school district not accounted for elsewhere shall be
accounted for in the general fund.
Sec. 3. Minnesota Statutes 1995 Supplement, section
121.911, subdivision 5, is amended to read:
Subd. 5. [DEFICIT FOR CAPITAL PROJECTS.] Upon approval by
the commissioner of children, families, and learning, a district
may incur a deficit in the capital expenditure fund reserve for
operating capital account for a period not to exceed three years
to provide money for capital projects. A description of the
project and a financial plan to recover the deficit shall be
approved by the commissioner prior to the initiation of the
project.
Sec. 4. Minnesota Statutes 1995 Supplement, section
121.917, subdivision 4, is amended to read:
Subd. 4. (1) If the net negative undesignated
unappropriated operating fund balance in all the funds of a
school district, other than statutory operating debt pursuant to
section 121.914, capital expenditure, building construction,
debt service, trust and agency, and post-secondary vocational
technical education funds as defined in section 124A.02,
subdivision 25, calculated in accordance with the uniform
financial accounting and reporting standards for Minnesota
school districts, as of June 30 each year, is more than 2-1/2
percent of the year's expenditure amount, the district shall,
prior to September 15 January 31 of the next fiscal year, submit
a special operating plan to reduce the district's deficit
expenditures to the commissioner of children, families, and
learning for approval. The commissioner may also require the
district to provide evidence that the district meets and will
continue to meet all of the curriculum requirements of the state
board.
Notwithstanding any other law to the contrary, a district
submitting a special operating plan to the commissioner under
this clause which is disapproved by the commissioner shall not
receive any aid pursuant to chapters 124 and 124A until a
special operating plan of the district is so approved.
(2) A district shall receive aids pending the approval of
its special operating plan under clause (1). A district which
complies with its approved operating plan shall receive aids as
long as the district continues to comply with the approved
operating plan.
Sec. 5. Minnesota Statutes 1994, section 124.09, is
amended to read:
124.09 [SCHOOL ENDOWMENT FUND, APPORTIONMENT.]
The school endowment fund shall be apportioned semiannually
by the commissioner, on the first Monday in March and October
September in each year, to districts whose schools have been in
session at least nine months. The apportionment shall be in
proportion to the number of pupils in average daily membership
during the preceding year; provided, that apportionment shall
not be paid to a district for pupils for whom tuition is
received by the district.
Sec. 6. Minnesota Statutes 1995 Supplement, section
124.155, subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(1) general education aid authorized in sections 124A.23
and 124B.20;
(2) secondary vocational aid authorized in section 124.573;
(3) special education aid authorized in section sections
124.32, 124.3201, and 124.3202;
(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;
(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;
and
(19) cooperation-combination aid authorized in section
124.2725; and
(20) district cooperation revenue aid authorized in section
124.2727.
(b) The commissioner of children, families, and learning
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. 7. Minnesota Statutes 1994, section 124.17,
subdivision 1e, is amended to read:
Subd. 1e. [AFDC PUPIL COUNTS.] AFDC pupil counts and
average daily membership for subdivisions 1b and 1d shall be
determined according to this subdivision:
(a) For districts where the number of pupils from families
receiving aid to families with dependent children has increased
over the preceding year for each of the two previous years, the
number of pupils enrolled in the district from families
receiving aid to families with dependent children shall be those
counted on October 1 of the previous school year. The average
daily membership used shall be from the previous school year.
(b) For districts that do not meet the requirement of
paragraph (a), the number of pupils enrolled in the district
from families receiving aid to families with dependent children
shall be the average number of pupils on October 1 of the second
previous school year and October 1 of the previous school year.
The average daily membership used shall be the average number
enrolled in the previous school year and the second previous
school year.
(c) Notwithstanding paragraphs (a) and (b), for charter
schools in the first three years of operation, the number of
pupils enrolled from families receiving AFDC shall be those
counted on October 1 of the current school year. The average
daily membership used shall be from the current school year.
Sec. 8. Minnesota Statutes 1994, section 124.17, is
amended by adding a subdivision to read:
Subd. 4. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is
enrolled in a learning year program according to section
121.585, an area learning center according to sections 124C.45
and 124C.46, or an alternative program approved by the
commissioner, for more than 1,020 hours in a school year for a
secondary student and for more than 935 hours in a school year
for an elementary student, that pupil may be counted as more
than one pupil in average daily membership. The amount in
excess of one pupil must be determined by the ratio of the
number of hours of instruction provided to that pupil in excess
of 1,020 hours to 1,020 for a secondary pupil and of 935 hours
to 935 for an elementary pupil. Hours that occur after the
close of the instructional year in June shall be attributable to
the following fiscal year.
(b)(i) To receive general education revenue for a pupil in
an alternative program that has an independent study component,
a school district must meet the requirements in this paragraph.
The school district must develop with the pupil a continual
learning plan for the pupil. A district must allow a minor
pupil's parent or guardian to participate in developing the
plan, if the parent or guardian wants to participate. The plan
must identify the learning experiences and expected outcomes
needed for satisfactory credit for the year and for graduation.
The plan must be updated each year.
(ii) General education revenue for a pupil in an approved
alternative program without an independent study component must
be prorated for a pupil participating for less than a full year,
or its equivalent.
(iii) General education revenue for a pupil in an approved
alternative program that has an independent study component must
be paid for each hour of teacher contact time and each hour of
independent study time completed toward a credit necessary for
graduation. Average daily membership for a pupil shall equal
the number of hours of teacher contact time and independent
study time divided by 1,020.
(iv) For an alternative program having an independent study
component, the commissioner shall require a description of the
courses in the program, the kinds of independent study involved,
the expected learning outcomes of the courses, and the means of
measuring student performance against the expected outcomes.
Sec. 9. Minnesota Statutes 1994, section 124.195,
subdivision 8, is amended to read:
Subd. 8. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One
hundred percent of the aid for the last fiscal year must be paid
for the following aids: special education special pupil aid
according to section 124.32, subdivision 6; special education
summer school aid, according to section 124.32, subdivision 10,
for the previous fiscal year must be paid in the current year.
Sec. 10. Minnesota Statutes 1995 Supplement, section
124.195, subdivision 12, is amended to read:
Subd. 12. [AID ADJUSTMENT FOR TRA CONTRIBUTION RATE
CHANGE.] (a) The department of children, families, and learning
shall reduce general education aid or any other aid paid in a
fiscal year directly to school districts, intermediate school
districts, education districts, education cooperative service
units, special education cooperatives, secondary vocational
cooperatives, regional management information centers, or
another. Any district or cooperative unit providing elementary
or secondary education services that is prohibited from
receiving direct state aids by section 124.193 or 124.32,
subdivision 12, is exempt from this reduction. The reduction
shall equal the following percent of salaries paid in a fiscal
year by the entity to members of the teachers retirement
association established in chapter 354. However, salaries paid
to members of the association who are employed by a technical
college shall be excluded from this calculation:
(1) in fiscal year 1991, 0.84 percent,
(2) in fiscal year 1992 and later years, the greater of
(i) zero, or
(ii) 4.48 percent less the additional employer contribution
rate established under section 354.42, subdivision 5.
(b) In fiscal year 1991, this reduction is estimated to
equal $14,260,000.
Sec. 11. [124.2613] [FIRST-GRADE PREPAREDNESS PROGRAM.]
Subdivision 1. [PURPOSE.] The purposes of the first-grade
preparedness program are to ensure that every child has the
opportunity before first grade to develop the skills and
abilities necessary to read and succeed in school and to reduce
the underlying causes that create a need for compensatory
revenue.
Subd. 2. [QUALIFYING DISTRICT.] A school district may
receive first-grade preparedness revenue for qualifying school
sites if, consistent with subdivision 5, the school board
approves a resolution requiring the district to provide services
to all children located in a qualifying school site attendance
area.
Subd. 3. [QUALIFYING SCHOOL SITE.] (a) The commissioner
shall rank all school sites with kindergarten programs that do
not exclusively serve students under section 120.17. The
ranking must be from highest to lowest based on the site's free
and reduced lunch count as a percent of the fall enrollment
using the preceding October 1 enrollment data. For each school
site, the percentage used to calculate the ranking must be the
greater of (1) the percent of the fall kindergarten enrollment
receiving free and reduced lunch, or (2) the percent of the
total fall enrollment receiving free and reduced lunch. The
list of ranked sites must be separated into the following
geographic areas: Minneapolis district, St. Paul district,
suburban Twin Cities districts in the seven-county metropolitan
area, and school districts in greater Minnesota.
(b) The commissioner shall establish a process and
timelines to qualify school sites for the next school year.
School sites must be qualified in each geographic area from the
list of ranked sites until the estimated revenue available for
this program has been allocated. The total estimated revenue of
$3,500,000 must be distributed to qualified school sites in each
geographic area as follows: 25 percent for Minneapolis sites,
25 percent for St. Paul sites, 25 percent for suburban Twin
Cities sites, and 25 percent for greater Minnesota.
Subd. 4. [PROGRAM.] A qualifying school site must develop
its first-grade preparedness program in collaboration with other
providers of school readiness and child development services. A
school site must either offer a full-day kindergarten program to
participating children who are five years of age or older for
the full school day every day or a half-day program for
participating children who are four years old. Full-day and
half-day kindergarten program providers must ensure that the
program they provide supplements existing school readiness and
child development programs and complements the services provided
with compensatory revenue. Where possible, individuals
receiving assistance under a family assistance plan can meet the
work activity requirement of the plan by participating in a
first-grade preparedness program as a volunteer.
Subd. 5. [EXTENDED DAY REQUIREMENTS.] The board of a
qualifying school district must develop and approve a plan to
provide extended day services to serve as many children as
possible. To accept children whose families participate in
child care assistance programs under section 256H.03 or 256H.05,
and to meet the requirements of section 245A.03, subdivision 2,
the board must formally approve the first-grade preparedness
program. All revenue received under subdivision 6 must be
allocated to the qualifying school sites within the district.
Subd. 6. [PREPAREDNESS REVENUE.] (a) A qualifying school
district is eligible for first-grade preparedness revenue equal
to the basic formula allowance for that year times the number of
pupil units calculated according to paragraph (b) in each
qualifying school site. If the first-grade preparedness revenue
is insufficient to fully fund the formula amounts, the
commissioner shall prorate the revenue provided to each
qualifying school site.
(b) A pupil enrolled in a half-day first-grade preparedness
program under this section is counted as .53 pupil units. A
pupil enrolled in a full-day first-grade preparedness program
under this section is counted as a kindergarten pupil under
section 124.17, subdivision 1, plus an additional .53 pupil
units.
(c) This revenue must supplement and not replace
compensatory revenue that the district uses for the same or
similar purposes under chapter 124A.
Subd. 7. [EVALUATION.] The commissioner of children,
families, and learning, in consultation with representatives of
the state board of teaching, early childhood teachers,
elementary school classroom teachers, and teacher educators,
shall develop an evaluation for qualifying school sites to use
in documenting results. The evaluation must use empirical and
qualitative methods to gather information on the following:
progress towards ensuring that every child entering the first
grade has the knowledge and skills necessary to succeed in
school; student readiness for first grade; an assessment of
enrolling students by their teacher, and measures of parental
satisfaction and parental involvement. The commissioner shall
assist a school site with its evaluation at the request of the
site.
Subd. 8. [EXPIRATION.] This section applies for fiscal
years 1997, 1998, and 1999, and expires June 30, 1999.
Sec. 12. Minnesota Statutes 1995 Supplement, section
124.918, subdivision 2, is amended to read:
Subd. 2. [NOTICE TO COMMISSIONER; FORMS.] By September
30 October 7 of each year each district shall notify the
commissioner of children, families, and learning of the proposed
levies in compliance with the levy limitations of this chapter
and chapters 124A, 124B, and 136D. By January 15 of each year
each district shall notify the commissioner of children,
families, and learning of the final levies certified. The
commissioner of children, families, and learning shall prescribe
the form of these notifications and may request any additional
information necessary to compute certified levy amounts.
Sec. 13. Minnesota Statutes 1994, section 124A.02,
subdivision 25, is amended to read:
Subd. 25. [NET UNAPPROPRIATED OPERATING FUND BALANCE.]
"Net unappropriated operating fund balance" means the sum of the
fund balances in the general, transportation, food service, and
community service funds minus the balances reserved for
statutory operating debt reduction, bus purchase, severance pay,
taconite, reemployment insurance, maintenance levy reduction,
operating capital, disabled access, health and safety, and
encumbrances, computed as of June 30 each year.
Sec. 14. Minnesota Statutes 1994, section 124A.029,
subdivision 4, is amended to read:
Subd. 4. [PER PUPIL REVENUE OPTION CONVERSION.] A district
may, by school board resolution, request that the department
convert the levy authority under section 124.912, subdivisions 2
and 3, or its current referendum revenue, excluding authority
based on a dollar amount, authorized before July 1, 1993, to an
allowance per pupil. The district must adopt a resolution and
submit a copy of the resolution to the department by July 1,
1993. (a) The department shall convert a each district's
referendum revenue authority for fiscal year 1995 2002 and later
years to an allowance per pupil unit as follows: the revenue
allowance equals the amount determined by dividing the
district's maximum revenue under section 124A.03 or 124.912,
subdivisions 2 and 3, for fiscal year 1994 2001 by the
district's 1993-1994 2000-2001 actual pupil units. A district's
maximum revenue for all later years for which the revenue is
authorized equals the revenue allowance times the district's
actual pupil units for that year. If a district has referendum
authority under section 124A.03 and levy authority under section
124.912, subdivisions 2 and 3, and the district requests that
each be converted, the department shall convert separate revenue
allowances for each. However, if a district's referendum
revenue is limited to a dollar amount, the maximum revenue under
section 124A.03 must not exceed that dollar amount. If the
referendum authority of a district is converted according to
this subdivision, and the question on the referendum ballot did
not provide for an expiration date, the authority shall expire
according to section 124A.0311.
(b) The referendum allowance reduction shall be applied
first to the authority with the earliest expiration date.
Sec. 15. Minnesota Statutes 1995 Supplement, section
124A.03, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM REVENUE.] (a) The revenue authorized
by section 124A.22, subdivision 1, may be increased in the
amount approved by the voters of the district at a referendum
called for the purpose. The referendum may be called by the
school board or shall be called by the school board upon written
petition of qualified voters of the district. The referendum
shall be conducted one or two calendar 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 a schedule, determined by the board, of increased revenue
per actual pupil units that differs from year to year over the
number of years for which the increased revenue is authorized.
If the ballot contains a schedule showing different amounts, it
shall also indicate the estimated referendum tax rate as a
percent of market value for the amount specified for the first
year and for the maximum amount specified in the schedule. 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 in the first year,
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 children, families, and
learning. 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
children, families, and learning 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. 16. Minnesota Statutes 1994, section 124A.03,
subdivision 2b, is amended to read:
Subd. 2b. [REFERENDUM DATE.] In addition to the referenda
allowed in subdivision 2, clause (a), the commissioner may
authorize a referendum for a different day.
(a) The commissioner may grant authority to a district to
hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has
received an extension from the department to file a plan to
eliminate the statutory operating debt.
(b) The commissioner may grant authority for a district to
hold a referendum on a different day if: (1) the district will
conduct a bond election under chapter 475 on that same day; and
(2) the proceeds of the referendum will provide only additional
operating revenue necessitated by the facility for which bonding
authority is sought. The commissioner may only grant authority
under this paragraph if the district demonstrates to the
commissioner's satisfaction that the district's ability to
operate the new facility will be significantly affected if the
operating referendum is not conducted until the November general
election. Authority under this paragraph expires November 30,
1998.
(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day
within 60 days of receiving the request from a district.
Sec. 17. Minnesota Statutes 1994, section 124A.03,
subdivision 3b, is amended to read:
Subd. 3b. [FISCAL YEAR 1997 REFERENDUM ALLOWANCE
REDUCTION.] For fiscal year 1997, a district's referendum
allowance under subdivision 1c is reduced by the amounts
calculated in paragraphs (a), (b), (c), and (d).
(a) The referendum allowance reduction equals the amount by
which a district's supplemental revenue reduction exceeds the
district's supplemental revenue allowance for fiscal year 1993.
(b) Notwithstanding paragraph (a), if a district's initial
referendum allowance is less than ten percent of the formula
allowance for that year, the reduction equals the lesser of (1)
an amount equal to $100, or (2) the amount calculated in
paragraph (a).
(c) Notwithstanding paragraph (a) or (b), a school
district's referendum allowance reduction equals (1) an amount
equal to $100, times (2) one minus the ratio of 20 percent of
the formula allowance minus the district's initial referendum
allowance limit to 20 percent of the formula allowance for that
year if:
(i) the district's adjusted net tax capacity for assessment
year 1992 per actual pupil unit for fiscal year 1995 is less
than $3,000;
(ii) the district's net unappropriated operating fund
balance as of June 30, 1993, divided by the actual pupil units
for fiscal year 1995 is less than $200;
(iii) the district's supplemental revenue allowance for
fiscal year 1993 is equal to zero; and
(iv) the district's initial referendum revenue authority
for the current year divided by the district's net tax capacity
for assessment year 1992 is greater than ten percent.
(d) Notwithstanding paragraph (a), (b), or (c), the
referendum revenue reduction for a newly reorganized district is
computed as follows:
(1) for a newly reorganized district created effective July
1, 1994, the referendum revenue reduction equals the lesser of
the amount calculated for the combined district under paragraph
(a), (b), or (c), or the sum of the amounts by which each of the
reorganizing district's supplemental revenue reduction exceeds
its respective supplemental revenue allowances calculated for
the districts as if they were still in existence for fiscal year
1995; or
(2) for a newly reorganized district created after July 1,
1994, the referendum revenue reduction equals the lesser of the
amount calculated for the combined district under paragraph (a),
(b), or (c), or the sum of the amounts by which each of the
reorganizing district's supplemental revenue reduction exceeds
its respective supplemental revenue allowances calculated for
the year preceding the year of reorganization.
Sec. 18. Minnesota Statutes 1994, section 124A.03, is
amended by adding a subdivision to read:
Subd. 3c. [REFERENDUM ALLOWANCE REDUCTION.] For fiscal
year 1998 and later, a district's referendum allowance for
referendum authority under subdivision 1c is reduced as provided
in this subdivision.
(a) For referendum revenue authority approved before June
1, 1996, and effective for fiscal year 1997, the reduction
equals the amount of the reduction computed for fiscal year 1997
under subdivision 3b.
(b) For referendum revenue authority approved before June
1, 1996, and effective beginning in fiscal year 1998, the
reduction equals the amount of the reduction computed for fiscal
year 1998 under subdivision 3b.
(c) For referendum revenue authority approved after May 31,
1996, there is no reduction.
(d) For districts with more than one referendum authority,
the reduction shall be computed separately for each authority.
The reduction shall be applied first to authorities levied
against tax capacity, and then to authorities levied against
referendum market value. For districts with more than one
authority levied against net tax capacity or against referendum
market value, the referendum allowance reduction shall be
applied first to the authority with the earliest expiration date.
(e) For a newly reorganized district created after July 1,
1996, the referendum revenue reduction equals the lesser of the
amount calculated for the combined district, or the sum of the
amounts by which each of the reorganizing district's
supplemental revenue reduction exceeds its respective
supplemental revenue allowances calculated for the year
preceding the year of reorganization.
Sec. 19. Minnesota Statutes 1995 Supplement, section
124A.0311, subdivision 2, is amended to read:
Subd. 2. [CONVERSION TO MARKET VALUE.] (a) Prior to June
1, 1997, by June 1 of each year, a school board may, by
resolution of a majority of its board, convert any remaining
portion of its referendum authority under section 124A.03,
subdivision 2, that is authorized to be levied against net tax
capacity to referendum authority that is authorized to be levied
against the referendum market value of all taxable property
located within the school district. At the option of the school
board, any remaining portion of its referendum authority may be
converted in two or more parts at separate times. The
referendum authority may be converted from net tax capacity to
referendum market value according to a schedule adopted by
resolution of the school board for years prior to taxes payable
in 2001, provided that, for taxes payable in 2001 and later, the
full amount of the referendum authority is levied against
referendum market value. The board must notify the commissioner
of children, families, and learning of the amount of referendum
authority that has been converted from net tax capacity to
referendum market value, if any, by June 15, of each year. The
maximum length of a referendum converted under this paragraph is
ten years.
(b) For referendum levy amounts converted between June 1,
1997, and June 1, 1998, all other conditions of this subdivision
apply except that the maximum length of the referendum is
limited to seven years.
(c) For referendum levy amounts converted between June 1,
1998, and June 1, 1999, all other conditions of this subdivision
apply except that the maximum length of the referendum is
limited to six years.
(d) For referendum levy amounts converted between June 1,
1999, and June 1, 2000, all other conditions of this subdivision
apply except that the maximum length of the referendum is
limited to five years.
Sec. 20. Minnesota Statutes 1994, section 124A.0311,
subdivision 3, is amended to read:
Subd. 3. [ALTERNATIVE CONVERSION.] A school district that
has a referendum that is levied against net tax capacity that
expires before taxes payable in 1998 may convert its referendum
authority according to this subdivision. In the payable year
prior to the year of expiration, the school board may authorize
a referendum under section 124A.03. Notwithstanding any other
law to the contrary, the district may propose, and if approved
by its electors, have its referendum authority reauthorized in
part on tax capacity and in part on referendum market value
according to a schedule adopted by resolution of the school
board for years prior to taxes payable in 2001, provided that,
for taxes payable in 2001 and later, the full amount of
referendum authority is levied against referendum market value.
If the full amount of the referendum is reauthorized
on referendum market value prior to taxes payable in 1998, the
referendum may extend for ten years. If the referendum becomes
fully reauthorized on referendum market value for a later year,
the referendum shall not extend for more than the maximum number
of years allowed under subdivision 2.
Sec. 21. Minnesota Statutes 1994, section 124A.035,
subdivision 4, is amended to read:
Subd. 4. [COUNTY APPORTIONMENT DEDUCTION.] Each year the
amount of money apportioned to a school district for that year
pursuant to section 124.10, subdivision 2, excluding any
district where the general education levy is determined
according to section 124A.23, subdivision 3, shall be deducted
from the general education aid earned by that district for the
same year or from aid earned from other state sources.
Sec. 22. Minnesota Statutes 1994, section 124A.036, is
amended by adding a subdivision to read:
Subd. 6. [CHARTER SCHOOLS.] (a) The general education aid
for districts must be adjusted for each pupil attending a
charter school under section 120.064. The adjustments must be
made according to this subdivision.
(b) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory revenue.
(c) General education aid paid to a district in which a
charter school not providing transportation according to section
120.064, subdivision 15, is located shall be increased by an
amount equal to the product of: (1) the sum of $170, plus the
transportation sparsity allowance for the district, plus the
transportation transition allowance for the district; times (2)
the pupil units attributable to the pupil.
(d) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
Sec. 23. Minnesota Statutes 1995 Supplement, section
124A.22, subdivision 10, is amended 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. 24. Minnesota Statutes 1994, section 124A.22, is
amended by adding a subdivision to read:
Subd. 11a. [USES OF REVENUE.] Except as otherwise
prohibited by law, a district may spend general fund money for
capital purposes.
Sec. 25. Minnesota Statutes 1995 Supplement, section
124A.22, subdivision 13b, is amended 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) A district's transportation transition allowance for
fiscal year 1998 equals the result of the following:
(1) if the result in subdivision 13a, paragraph (a), clause
(iii), for fiscal year 1998 is less than the fiscal year 1996
base allowance, the transportation transition allowance equals
the fiscal year 1996 base allowance minus the result in
subdivision 13a, paragraph (a), clause (iii); or
(2) if the result in subdivision 13a, paragraph (a), clause
(iii), for fiscal year 1998 is greater than or equal to the
fiscal year 1996 base allowance, the transportation transition
allowance equals zero.
(c) 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) (d) 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. 26. Minnesota Statutes 1995 Supplement, 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 transition revenue and supplemental
revenue, and the general education levy, times (ii) the ratio of
the actual amount levied to the permitted levy;
(2) transition aid according to section 124A.22,
subdivision 13e;
(3) supplemental aid according to section 124.214,
subdivision 2;
(4) shared time aid according to section 124A.02,
subdivision 21; and
(5) referendum aid according to section 124A.03.
Sec. 27. Minnesota Statutes 1994, section 124A.28,
subdivision 1, is amended to read:
Subdivision 1. [USE OF THE REVENUE.] The compensatory
education revenue under section 124A.22, subdivision 3, may be
used to provide eligible services to eligible pupils according
to section 124.311, subdivisions 3 and 4. It also may must be
used to meet the educational needs of pupils whose educational
achievement is below the level that is appropriate for pupils of
their age. These needs may be met by providing at least some of
the following:
(1) direct instructional services under the assurance of
mastery program according to section 124.311;
(2) remedial instruction in reading, language arts, and
mathematics to improve the achievement level of these pupils;
(2) (3) additional teachers and teacher aides to provide
more individualized instruction to these pupils;
(3) (4) summer programs that enable these pupils to improve
their achievement or that reemphasize material taught during the
regular school year;
(4) (5) in-service education for teachers, teacher aides,
principals, and other personnel to improve their ability to
recognize these pupils and provide appropriate responses to the
pupils' needs;
(5) (6) for instructional material for these pupils
including: textbooks, workbooks, periodicals, pamphlets,
photographs, reproductions, filmstrips, prepared slides,
prerecorded video programs, sound recordings, desk charts,
games, study prints and pictures, desk maps, models, learning
kits, blocks and cubes, flashcards, instructional computer
software programs, pencils, pens, crayons, notebooks,
duplicating fluids, and papers;
(6) (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 pupils receiving services
from other governmental agencies, provide psychological services
to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services,
guidance services, and social work services; and
(7) (8) bilingual programs, bicultural programs, and
programs for pupils of limited English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs;
and
(11) other methods to increase achievement, as needed.
Sec. 28. Laws 1993, chapter 224, article 1, section 34,
subdivision 2, is amended to read:
Subd. 2. [AID ADJUSTMENT.] For fiscal year 1994 1996 only,
the department of education children, families, and learning
shall include in the general education aid calculation for
independent school district No. 504, Slayton, or its successor
district, and independent school district No. 918, Chandler-Lake
Wilson, or its successor district, the sum of the amounts by
which the district's general education aid was reduced for
fiscal years 1992 and 1993 year 1994 under Minnesota Statutes,
section 124A.26.
Sec. 29. Laws 1993, chapter 224, article 1, section 34,
subdivision 3, is amended to read:
Subd. 3. [LEVY ADJUSTMENT.] For 1993 1996 taxes payable in
1994 1997 only, independent school district No. 504, Slayton, or
its successor district, and independent school district No. 918,
Chandler-Lake Wilson, or its successor district, may levy an
amount not to exceed the sum of the levy reductions for
fiscal years 1992 and 1993 year 1994 resulting from the general
education revenue fund balance reduction under Minnesota
Statutes, section 124A.26.
Sec. 30. Laws 1995, First Special Session chapter 3,
article 1, section 63, subdivision 2, is amended to read:
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. 31. Laws 1995, First Special Session, chapter 3,
article 15, section 25, is amended to read:
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
permanently 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 For the computation of homestead and
agricultural aid for taxes payable in 1997, the commissioner of
revenue shall permanently reduce the school district's homestead
and agricultural aid by an amount equal to the lesser of:
(1) 50 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.
(c) Prior to For the computation of homestead and
agricultural aid for taxes payable in 1998, the commissioner of
revenue shall permanently reduce a school district's homestead
and agricultural aid by an amount equal to the lesser of:
(1) 75 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.
(d) Prior to For the computation of homestead and
agricultural aid for taxes payable in 1999, the commissioner of
revenue shall permanently 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.
(e) Prior to For the computation of homestead and
agricultural aid for taxes payable in 2000 and later years, the
commissioner of revenue shall permanently reduce a school
district's homestead and agricultural aid each year 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. 32. [TRANSPORTATION AND CAPITAL EXPENDITURE FUNDS;
DISSOLUTION.]
Effective July 1, 1996, the transportation fund and the
capital expenditure fund of each school district or other unit
reporting under Minnesota Statutes, section 121.908, is
dissolved. The June 30, 1996, balance of the unreserved
transportation fund shall be transferred to the general fund
unreserved balance. The June 30, 1996, balance of the reserved
for bus purchase account shall be transferred to the general
fund reserved for bus purchase account. The June 30, 1996,
balance of the capital expenditure facilities account and
capital expenditure equipment account shall be transferred to
the general fund reserved for operating capital account. The
June 30, 1996, balance of the reserved for health and safety
account shall be transferred to the general fund reserved for
health and safety account. The June 30, 1996, balance of the
reserved for disabled accessibility account shall be transferred
to the general fund reserved for disabled accessibility account.
Effective July 1, 1996, all revenues and expenditures formerly
accounted for in the capital expenditure fund and the
transportation fund shall be accounted for in the general fund.
Sec. 33. [REFERENDUM AUTHORITY; PARK RAPIDS.]
Subdivision 1. [REVENUE.] Notwithstanding the reduction
required by Minnesota Statutes, section 124A.03, subdivision 3b,
the referendum revenue allowance for independent school district
No. 309, Park Rapids, is $315 per pupil unit. This referendum
authorization is available for the number of years specified on
the district's referendum ballot held during June 1995.
Subd. 2. [LEVY RECLASSIFICATION.] Independent school
district No. 309, Park Rapids, may reclassify as payable 1996
referendum levy other payable 1996 levies. The amount
reclassified may not exceed the difference between the levy
authority authorized in subdivision 1 and the amount of
referendum levy certified by the district for taxes payable in
1996. Any reclassified levy is not subject to the market value
requirement in Minnesota Statutes, section 124A.03, subdivision
2a.
Sec. 34. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT.] The sums indicated in this
section are appropriated from the general fund to the department
of children, families, and learning for the fiscal years
designated.
Subd. 2. [FIRST-GRADE PREPAREDNESS PROGRAM.]
$3,500,000 ..... 1997
For grants for first-grade preparedness programs under
section 11. These grants represent 100 percent of the
appropriations entitlement for 1997.
Subd. 3. [PEQUOT LAKES.]
$ 79,000 ..... 1997
For a grant to independent school district No. 186, Pequot
Lakes, for the purpose of reducing the district's 1996 payable
1997 property taxes. The commissioner must reduce the
district's 1996 payable 1997 property taxes by this amount.*
(The preceding subdivision was vetoed by the governor.)
Sec. 35. [REPEALER.]
Laws 1993, chapter 224, article 1, section 34, subdivision
1, is repealed. Section 8 is repealed July 1, 1999.
Sec. 36. [EFFECTIVE DATE.]
Sections 1, 6, 7, 9, 10, 16, 20, 21, 28, 29, and 32 are
effective the day following final enactment.
Section 4 is effective for fiscal year 1996 and thereafter.
Section 33 is effective for fiscal year 1997 and later
years.
ARTICLE 2
TRANSPORTATION
Section 1. Minnesota Statutes 1995 Supplement, section
120.17, subdivision 6, is amended to read:
Subd. 6. [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.]
The responsibility for special instruction and services for a
child with a disability temporarily placed in another district
for care and treatment shall be determined in the following
manner:
(a) The school district of residence of a child shall be
the district in which the child's parent resides, if living, or
the child's guardian, or the district designated by the
commissioner of children, families, and learning if neither
parent nor guardian is living within the state.
(b) When a child is temporarily placed for care and
treatment in a day program located in another district and the
child continues to live within the district of residence during
the care and treatment, the district of residence is responsible
for providing transportation and an appropriate educational
program for the child. The district may provide the educational
program at a school within the district of residence, at the
child's residence, or in the district in which the day treatment
center is located by paying tuition to that district.
(c) When a child is temporarily placed in a residential
program for care and treatment, the nonresident district in
which the child is placed is responsible for providing an
appropriate educational program for the child and necessary
transportation within the district while the child is attending
the educational program; and shall bill the district of the
child's residence for the actual cost of providing the program,
as outlined in subdivision 4, except that the board, lodging,
and treatment costs incurred in behalf of a child with a
disability placed outside of the school district of residence by
the commissioner of human services or the commissioner of
corrections or their agents, for reasons other than for making
provision for the child's special educational needs shall not
become the responsibility of either the district providing the
instruction or the district of the child's residence.
(d) The district of residence shall pay tuition and other
program costs, not including transportation costs, to the
district providing the instruction and services. The district
of residence may claim general education aid for the child as
provided by law. Transportation costs shall be paid by the
district responsible for providing the transportation and the
state shall pay transportation aid to that district.
Sec. 2. Minnesota Statutes 1994, section 120.17,
subdivision 9, is amended to read:
Subd. 9. [SPECIAL INSTRUCTION.] No resident of a district
who is eligible for special instruction and services pursuant to
this section shall be denied provision of this instruction and
service on a shared time basis because of attendance at a
nonpublic school defined in section 123.932, subdivision 3. If
a resident pupil with a disability attends a nonpublic school
located within the district of residence, the district shall
provide necessary transportation for that pupil within the
district between the nonpublic school and the educational
facility where special instruction and services are provided on
a shared time basis. If a resident pupil with a disability
attends a nonpublic school located in a another district
contiguous to the district of residence and if no agreement
exists pursuant to section 124A.034, subdivision 1 or 1a, for
the provision of special instruction and services on a shared
time basis to that pupil by the district of attendance and where
the special instruction and services are provided within the
district of residence, the district of residence shall provide
necessary transportation for that pupil between the boundary of
the district of residence and the educational facility where the
special instruction and services are provided within the
district of residence. The district of residence may provide
necessary transportation for that pupil between its boundary and
the nonpublic school attended, but the nonpublic school shall
pay the cost of transportation provided outside the district
boundary.
Sec. 3. Minnesota Statutes 1995 Supplement, section
120.181, is amended to read:
120.181 [PLACEMENT OF NONHANDICAPPED CHILDREN WITHOUT
DISABILITIES; EDUCATION AND TRANSPORTATION.]
The responsibility for providing instruction and
transportation for a pupil without a disability who has a
short-term or temporary physical or emotional illness or
disability, as determined by the standards of the state board,
and who is temporarily placed for care and treatment for that
illness or disability, shall be determined as provided in this
section.
(a) The school district of residence of the pupil shall be
the district in which the pupil's parent or guardian resides or
the district designated by the commissioner of children,
families, and learning if neither parent nor guardian is living
within the state.
(b) Prior to the placement of a pupil for care and
treatment, the district of residence shall be notified and
provided an opportunity to participate in the placement
decision. When an immediate emergency placement is necessary
and time does not permit resident district participation in the
placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence,
shall notify the district of residence of the emergency
placement within 15 days of the placement.
(c) When a pupil without a disability is temporarily placed
for care and treatment in a day program and the pupil continues
to live within the district of residence during the care and
treatment, the district of residence shall provide instruction
and necessary transportation for the pupil. The district may
provide the instruction at a school within the district of
residence, at the pupil's residence, or in the case of a
placement outside of the resident district, in the district in
which the day treatment program is located by paying tuition to
that district. The district of placement may contract with a
facility to provide instruction by teachers licensed by the
state board of teaching.
(d) When a pupil without a disability is temporarily placed
in a residential program for care and treatment, the district in
which the pupil is placed shall provide instruction for the
pupil and necessary transportation within that district while
the pupil is receiving instruction, and in the case of a
placement outside of the district of residence, the nonresident
district shall bill the district of residence for the actual
cost of providing the instruction for the regular school year
and for summer school, excluding transportation costs. When a
pupil without a disability is temporarily placed in a
residential program outside the district of residence, the
administrator of the court placing the pupil shall send timely
written notice of the placement to the district of residence.
The district of placement may contract with a residential
facility to provide instruction by teachers licensed by the
state board of teaching.
(e) The district of residence shall include the pupil in
its residence count of pupil units and pay tuition as provided
in section 124.18 to the district providing the instruction.
Transportation costs shall be paid by the district providing the
transportation and the state shall pay transportation aid to
that district. For purposes of computing state transportation
aid, pupils governed by this subdivision shall be included in
the handicapped disabled transportation category.
Sec. 4. Minnesota Statutes 1994, section 120.73,
subdivision 1, is amended to read:
Subdivision 1. A school board is authorized to require
payment of fees in the following areas:
(a) in any program where the resultant product, in excess
of minimum requirements and at the pupil's option, becomes the
personal property of the pupil;
(b) admission fees or charges for extra curricular
activities, where attendance is optional;
(c) a security deposit for the return of materials,
supplies, or equipment;
(d) personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it
meets reasonable requirements and standards relating to health
and safety established by the school board;
(e) items of personal use or products which a student has
an option to purchase such as student publications, class rings,
annuals, and graduation announcements;
(f) fees specifically permitted by any other statute,
including but not limited to section 171.04, subdivision 1,
clause (1);
(g) field trips considered supplementary to a district
educational program;
(h) any authorized voluntary student health and accident
benefit plan;
(i) for the use of musical instruments owned or rented by
the district, a reasonable rental fee not to exceed either the
rental cost to the district or the annual depreciation plus the
actual annual maintenance cost for each instrument;
(j) transportation of pupils to and from extra curricular
activities conducted at locations other than school, where
attendance is optional;
(k) transportation of pupils to and from school for which
aid for fiscal year 1996 is not authorized under Minnesota
Statutes 1994, section 124.223, subdivision 1, and for which
levy for fiscal year 1996 is not authorized under Minnesota
Statutes 1994, section 124.226, subdivision 5, if a district
charging fees for transportation of pupils establishes
guidelines for that transportation to ensure that no pupil is
denied transportation solely because of inability to pay;
(l) motorcycle classroom education courses conducted
outside of regular school hours; provided the charge shall not
exceed the actual cost of these courses to the school district;
(m) transportation to and from post-secondary institutions
for pupils enrolled under the post-secondary enrollment options
program under section 123.39, subdivision 16. Fees collected
for this service must be reasonable and shall be used to reduce
the cost of operating the route. Families who qualify for
mileage reimbursement under section 123.3514, subdivision 8, may
use their state mileage reimbursement to pay this fee. If no
fee is charged, districts shall allocate costs based on the
number of pupils riding the route.
Sec. 5. Minnesota Statutes 1995 Supplement, 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:
(1) textbooks, workbooks, art materials, laboratory
supplies, towels;
(2) supplies necessary for participation in any
instructional course except as authorized in sections 120.73 and
120.75;
(3) field trips which are required as a part of a basic
education program or course;
(4) graduation caps, gowns, any specific form of dress
necessary for any educational program, and diplomas;
(5) instructional costs for necessary school personnel
employed in any course or educational program required for
graduation;
(6) library books required to be utilized for any
educational course or program;
(7) admission fees, dues, or fees for any activity the
pupil is required to attend;
(8) any admission or examination cost for any required
educational course or program;
(9) locker rentals;
(10) transportation of pupils (i) for which state
transportation aid for fiscal year 1996 is authorized pursuant
to Minnesota Statutes 1994, section 124.223 or (ii) for which a
levy for fiscal year 1996 is authorized under Minnesota Statutes
1994, 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 123.39,
subdivision 8b, is amended to read:
Subd. 8b. School districts may use school district owned
or contractor operated school buses to provide transportation
along regular school bus routes on a space available basis for
senior citizens who are 62 years of age or older any person,
provided that this use of a bus does not interfere with the
transportation of pupils to and from school or other authorized
transportation of pupils. In all cases, the total additional
cost of providing these services, as determined by sound
accounting procedures, shall be paid by charges made against
those using these services or some third-party payor. In no
case shall the additional cost of this transportation be paid by
the school district.
The provisions of section 65B.47, subdivision 4, shall be
applicable to senior citizens any person being transported
pursuant to this subdivision.
Sec. 7. Minnesota Statutes 1995 Supplement, 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 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 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 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 four weeks of the first
day of attendance. The pupil transportation safety director in
each district must certify to the commissioner of children,
families, and learning annually 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.
(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.
(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,
for students enrolled in grades kindergarten through 5.
(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. 8. Minnesota Statutes 1995 Supplement, section
124.223, subdivision 4, is amended to read:
Subd. 4. [PUPILS WITH DISABILITIES.] School districts
may shall 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.
Sec. 9. Minnesota Statutes 1995 Supplement, 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, may shall provide authorized transportation to the pupil
within the attendance area for the school that the pupil
attends. The resident district need not provide or pay for
transportation between the pupil's residence and the district's
border.
Sec. 10. Minnesota Statutes 1995 Supplement, section
124.225, subdivision 14, is amended 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) the greater of zero or 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. 11. Minnesota Statutes 1995 Supplement, section
124.225, subdivision 16, is amended 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), excluding
transportation services for children with disabilities under
section 124.223, subdivisions 4, 5, 7, and 8, 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.
(d) Notwithstanding the amount of the formula allowance for
fiscal years 1997 and 1998 in section 124A.22, subdivision 2,
the commissioner shall use the amount of the formula allowance
less $300 in determining the nonpublic pupil transportation
revenue in paragraphs (b) and (c) for fiscal years 1997 and 1998.
Sec. 12. Minnesota Statutes 1995 Supplement, section
124.225, subdivision 17, is amended 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
levy 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. 13. Minnesota Statutes 1995 Supplement, section
124.227, is amended to read:
124.227 [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION GRANTS.]
(a) A district that provides transportation of pupils
between resident and nonresident districts to and from an
interdistrict program for desegregation or integration purposes
may apply to the commissioner of children, families, and
learning for a grant to cover the additional costs of
transportation.
(b) A district in the metropolitan area may apply to the
commissioner for a grant to cover the costs of transporting
pupils who are enrolled under section 120.062 if the enrollment
of the student in the nonresident district contributes to
desegregation or integration purposes. The commissioner must
develop the form and manner of applications, the criteria to be
used to determine when transportation is for desegregation or
integration 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 or integration
purposes.
(c) Grants may be awarded under paragraph (b) only if
grants awarded under paragraph (a) have been fully funded.
Sec. 14. Minnesota Statutes 1995 Supplement, 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, 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 designed 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. 15. Minnesota Statutes 1994, section 169.4504, is
amended by adding a subdivision to read:
Subd. 5. [AISLE WIDTH.] All school buses equipped with a
power lift shall provide at least a 12-inch aisle leading from
wheelchair position to at least one emergency door and the lift
area.
Sec. 16. Minnesota Statutes 1995 Supplement, 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 the
previous three years, or a violation of section 169.121 or
169.129, or a similar statute or ordinance from another state,
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. 17. Laws 1995, First Special Session chapter 3,
article 2, section 53, is amended to read:
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.
Sec. 18. [APPROPRIATION.]
$150,000 is appropriated to the St. Paul school district to
contract with the Metropolitan Council Transit Organization for
a one-year pilot program during the 1996-1997 school year to
transport students to and from Arlington High School. The MCTO
and the St. Paul school district shall submit a joint
preliminary report by March 1, 1997, to the chairs of the
education committees of the senate and the house of
representatives, the chair of the metropolitan and local
government committee of the senate, and the chair of the local
government and metropolitan affairs committee of the house of
representatives. The MCTO may not charge the district any more
than $150,000 for the school year.* (The preceding section was
vetoed by the governor.)
Sec. 19. [EFFECTIVE DATE.]
Sections 8 to 13 are effective the day following final
enactment.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1995 Supplement, 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
including assistive technology 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 1995 Supplement, 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 children, families, and learning 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.
Within five business days 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, 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 Within four business days of the receipt of
the request for the hearing, if the parties have not agreed on
the hearing officer, the school board shall request the
commissioner to appoint a hearing officer. The school board
shall include with request the name of the person requesting the
hearing, the name of the student, the attorneys involved, if
any, and the date the hearing request was received. 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, except that
hearing officers are encouraged to accelerate the timeline to 30
days for children birth through two whose needs change rapidly
and require quick resolution of complaints. A hearing officer
may not grant specific extensions of time beyond the 45-day
period at the request of either party unless requested by either
party for good cause shown on the record. The decision of the
hearing officer shall be binding on all parties unless appealed
to the hearing review officer commissioner by the parent,;
guardian, or the; school board of the district where the child
resides pursuant to clause (g); and also in the case of children
birth through two, by the county board.
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; and
(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 commissioner
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. The appealing party shall
note the specific parts of the hearing decision being appealed.
If the decision is appealed, a written transcript of the
hearing shall be made by the school district and shall be
accessible provided by the district to the parties involved and
the hearing review officer within five calendar days of the
filing of the appeal. The hearing review officer shall conduct
an appellate review and 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.
However, 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 for good cause shown on the record.
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 Minnesota court of appeals or federal district court as
provided by federal law. The State judicial review shall be in
accordance with chapter 14.
(i) The commissioner of children, families, and learning
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
department of children, families, and learning, the state board
of education, or a parent advocacy organization or group; and
(8) the individual is not a current employee or board
member of a disability 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 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.
(q) The hearing officer may admit all evidence which
possesses probative value, including hearsay, if it is the type
of evidence on which reasonable, prudent persons are accustomed
to rely in the conduct of their serious affairs. The hearing
officer shall give effect to the rules of privilege recognized
by law. Evidence which is incompetent, irrelevant, immaterial,
or unduly repetitious shall be excluded.
Sec. 3. Minnesota Statutes 1994, section 120.17, is
amended by adding a subdivision to read:
Subd. 19. [PARENT ADVISORY COMMITTEES.] Provisions of
Minnesota Rules, part 3525.1100, regarding parent advisory
committees shall apply to local school boards or cooperative
boards carrying out the provisions of Minnesota Statutes,
section 120.17.
Sec. 4. Minnesota Statutes 1994, section 120.1701,
subdivision 10, is amended to read:
Subd. 10. [PAYMENT FOR SERVICES.] Core early intervention
services shall be provided at public expense with no cost to
parents. Parents shall be requested to assist in the cost of
additional early intervention services by using third-party
payment sources and applying for available resources. If a
parent chooses not to access these resources, additional early
intervention services may not be provided. Payment structures
permitted under state law shall be used to pay for additional
early intervention services. Parental financial responsibility
shall be clearly defined in the individualized family service
plan. A parent's inability to pay shall not prohibit a child
from receiving needed early intervention services.
Sec. 5. Minnesota Statutes 1995 Supplement, section
120.1701, subdivision 20, is amended to read:
Subd. 20. [DUE PROCESS HEARINGS.] By July 1, 1994, the
departments of children, families, and learning, health, and
human services shall develop procedures for hearings. The
procedures for due process hearings and appeals shall be the
same as those in section 120.17, subdivision 3b. The
responsibility for payment of costs and conducting due process
hearings and appeals shall be allocated to the appropriate
agency in accordance with section 120.1701, subdivisions 5, 13,
and 16.
Sec. 6. [120.187] [DEFINITION.]
Subdivision 1. [APPLICABILITY.] For the purposes of
sections 120.187 to 120.190, the following terms have the
meanings given them.
Subd. 2. [ASSISTIVE TECHNOLOGY DEVICE.] "Assistive
technology device" means any item, piece of equipment, software,
or product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or
improve functional capabilities of children with disabilities.
Sec. 7. [120.188] [PURCHASING GUIDELINES.]
Subdivision 1. [RIGHTS OF SCHOOL DISTRICTS TO PURCHASE
SCHOOL-OWNED ASSISTIVE TECHNOLOGY.] (a) When a child with a
disability exits a school district and enters a new school
district, the child's new school district may purchase any
assistive technology devices that the child's former school
district has purchased on the child's behalf. The child's new
school district must notify, in writing, the child's former
school district of the intent to purchase the device. The
child's new school district must complete a purchase agreement
according to section 4. The child's former school district must
respond, in writing, to the request to purchase within 30 days.
(b) School districts may decline to sell a device if they
can demonstrate the technology is a general use device or can be
modified for use by other students.
Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The child's
former school district shall not be liable for any
nonconformities in the equipment after it is purchased by the
child's new school district, or for injuries arising out of the
use of the assistive technology device. This section does not
foreclose the child's right to bring suit against the
manufacturer, assistive device lessor, or assistive device
dealer for nonconformities in or injuries arising out of the use
of the assistive technology device.
Subd. 3. [THIRD-PARTY PAYORS.] Nothing contained in this
section shall be construed as decreasing the obligation of an
insurance company or other third-party payor to provide coverage
for assistive technology.
Sec. 8. [120.189] [INTERAGENCY AGREEMENT TO PURCHASE USED
ASSISTIVE TECHNOLOGY DEVICES.]
Subdivision 1. [OPTION TO PURCHASE BY DEPARTMENT OF
ECONOMIC SECURITY.] (a) When a child with a disability
transitions into a work environment or enrolls in a
post-secondary course or program, the department of economic
security may purchase any assistive technology device that the
child's former school district purchased on the child's behalf.
(b) The department of economic security may purchase an
assistive technology device initially purchased by a school
district for a child who is currently a recipient of
rehabilitation services and who needs the identical assistive
technology device as stated on the recipient's individual
written rehabilitation plan. The purchase may be made not more
than three months prior to the child exiting the school district.
Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The department of
economic security and the department of children, families, and
learning shall not be liable for any nonconformities in the
equipment after it is purchased by the department of economic
security, or for injuries arising out of the use of the
assistive technology device. This section does not foreclose
the child's right to bring suit against the manufacturer,
assistive device lessor, or assistive device dealer for
nonconformities in or injuries arising out of the use of the
assistive technology device.
Subd. 3. [THIRD-PARTY PAYOR.] Nothing contained in this
section shall be construed as decreasing the obligation of an
insurance company or other third-party payor to provide coverage
for assistive technology.
Sec. 9. [120.190] [PURCHASE AGREEMENT; PRICE FORMULA.]
The commissioner shall develop guidelines for the sale of
used assistive technology including a purchase agreement, a
formula for establishing the sale price, and other terms and
conditions of the sale.
Sec. 10. Minnesota Statutes 1994, section 123.35, is
amended by adding a subdivision to read:
Subd. 9b. [SERVICES FOR INDIAN STUDENTS.] School districts
may enter into agreements with Indian tribal governments for
purposes of providing educational services for students. Such
agreements may allow for the use of any resources available to
either party and must give students the option to enroll in the
school district at their election.
Sec. 11. Minnesota Statutes 1995 Supplement, section
124.273, subdivision 1c, is amended to read:
Subd. 1c. [ADJUSTED LEP BASE REVENUE.] (a) A district's
adjusted limited English proficiency programs base 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 the
base year 1995.
(b) For the purposes of this section, the base year for
fiscal year 1996 is fiscal year 1995. The base year for later
fiscal years is the second fiscal year preceding the fiscal year
for which aid shall be paid. The current year is the fiscal
year for which aid shall be paid.
(c) For the purposes of this section, a teacher includes
nonlicensed personnel who provide direct instruction to students
of limited English proficiency under the supervision of a
licensed teacher.
Sec. 12. Minnesota Statutes 1995 Supplement, section
124.273, subdivision 1d, is amended to read:
Subd. 1d. [LEP BASE REVENUE.] (a) The limited English
proficiency programs base revenue equals the sum of the
following amounts, computed using fiscal base year 1995 data:
(1) 68 percent of the salaries paid limited English
proficiency program teachers salary of one full-time equivalent
teacher for each 40 pupils of limited English proficiency
enrolled, or 68 percent of the salary of one-half of a full-time
teacher in a district with 20 or fewer pupils of limited English
proficiency enrolled; 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.
(b) For the purposes of this subdivision, a teacher
includes nonlicensed personnel who provide direct instruction to
students of limited English proficiency under the supervision of
a licensed teacher.
Sec. 13. Minnesota Statutes 1994, section 124.273, is
amended by adding a subdivision to read:
Subd. 1f. [STATE TOTAL LEP REVENUE.] (a) The state total
limited English proficiency programs revenue for fiscal year
1996 equals $12,202,000. The state total limited English
proficiency programs revenue for fiscal year 1997 equals
$13,299,000.
(b) The state total limited English proficiency programs
revenue for later fiscal years equals:
(1) the state total limited English proficiency programs
revenue for the preceding fiscal year; times
(2) the program growth factor under section 124.3201,
subdivision 1; times
(3) the ratio of the state total number of pupils with
limited English proficiency for the current fiscal year to the
state total number of pupils with limited English proficiency
for the preceding fiscal year.
Sec. 14. Minnesota Statutes 1994, section 124.273, is
amended by adding a subdivision to read:
Subd. 1g. [SCHOOL DISTRICT LEP REVENUE.] (a) A school
district's limited English proficiency programs revenue for
fiscal year 1996 and later equals the state total limited
English proficiency programs revenue, minus the amount
determined under paragraph (b), times the ratio of the
district's adjusted limited English proficiency programs base
revenue to the state total adjusted limited English proficiency
programs base revenue.
(b) Notwithstanding paragraph (a), if the limited English
proficiency programs base revenue for a district equals zero,
the limited English proficiency programs revenue equals the sum
of the following amounts, computed using current year data:
(1) 68 percent of the salary of one full-time equivalent
teacher for each 40 pupils of limited English proficiency
enrolled, or 68 percent of the salary of one-half of a full-time
teacher in a district with 20 or fewer pupils of limited English
proficiency enrolled; 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. 15. Minnesota Statutes 1994, section 124.311,
subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTION IN REGULAR CLASSROOM.] A
school district may receive assurance of mastery revenue to
provide direct instructional services to eligible pupils in the
pupils' regular classroom.
Sec. 16. Minnesota Statutes 1994, section 124.311,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE SERVICES.] Assurance of mastery revenue
must be used to provide direct instructional services to an
eligible pupil, or group of eligible pupils, under the following
conditions:
(a) Instruction may be provided at one or more grade levels
from kindergarten through grade 8. If an assessment of pupils'
needs within a district demonstrates that the eligible pupils in
grades kindergarten through 8 are being appropriately served, a
district may serve eligible pupils in grades 9 through 12.
(b) Instruction must be provided in the usual and customary
classroom of the eligible pupil.
(c) Instruction must be provided under the supervision of
the eligible pupil's regular classroom teacher. Instruction may
be provided by the eligible pupil's classroom teacher, by
another teacher, by a team of teachers, or by an education
assistant or aide. A special education teacher may provide
instruction, but instruction that is provided under this section
is not eligible for aid under section 124.32.
(d) (c) The instruction that is provided must differ from
the initial instruction the pupil received in the regular
classroom setting. The instruction may differ by presenting
different curriculum than was initially presented in the regular
classroom, or by presenting the same curriculum:
(1) at a different rate or in a different sequence than it
was initially presented;
(2) using different teaching methods or techniques than
were used initially; or
(3) using different instructional materials than were used
initially.
Sec. 17. Minnesota Statutes 1994, section 124.311,
subdivision 5, is amended to read:
Subd. 5. [REVENUE AMOUNT.] Assurance of mastery revenue is
the sum of state and district money. The sum may equal up to
$45 for fiscal year 1991 and thereafter times the number
of actual fund balance pupil units in kindergarten through grade
8 in the district. The district shall determine the amount of
money it will provide and the state shall provide an equal
amount of money.
Sec. 18. Minnesota Statutes 1995 Supplement, section
124.314, subdivision 2, is amended to read:
Subd. 2. [LEVY.] For fiscal year 1997 1996 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. 19. Minnesota Statutes 1995 Supplement, section
124.3201, subdivision 1, is amended to read:
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 and fiscal year 1997
means fiscal year 1995 the 1994 summer program and the 1994-1995
school year. 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.
Sec. 20. Minnesota Statutes 1995 Supplement, section
124.3201, subdivision 2, is amended to read:
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 the base year
for that fiscal year.
Sec. 21. Minnesota Statutes 1995 Supplement, section
124.3201, is amended by adding a subdivision to read:
Subd. 2a. [SPECIAL EDUCATION TUITION REVENUE.] (a) For
fiscal year 1996 and later, a district's special education
tuition revenue is equal to 50 percent of the difference between
tuition costs in the base year and actual tuition costs for
pupils whose individual education plans require placement in
another district under section 120.17.
(b) For purposes of this section, "tuition costs" means
expenditures for tuition bills as defined in section 124.323,
subdivision 2, paragraph (a), clause (2).
Sec. 22. Minnesota Statutes 1995 Supplement, section
124.3201, is amended by adding a subdivision to read:
Subd. 2b. [SPECIAL EDUCATION COURT PLACEMENT REVENUE.] For
fiscal year 1996 and later, a district's special education court
placement revenue is equal to 50 percent of the difference
between expenditures for teachers' salaries, contracted
services, supplies, and equipment eligible for revenues under
sections 124.3201 and 124.3202, in the base year and actual
expenditures for pupils with disabilities who receive services
pursuant to a court order.
Sec. 23. Minnesota Statutes 1995 Supplement, section
124.3201, subdivision 3, is amended to read:
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; plus the district's special
education tuition revenue under subdivision 2a and special
education court placement revenue under subdivision 2b.
Sec. 24. Minnesota Statutes 1995 Supplement, section
124.3201, subdivision 5, is amended to read:
Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] (a)
A school district's special education revenue for fiscal year
1996 and later equals the state total special education revenue,
minus the amount determined under paragraph (b), 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 children, families, and learning 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.
(b) Notwithstanding paragraph (a), if the special education
base revenue for a district equals zero, the special education
revenue equals the amount computed according to subdivision 2
using current year data.
Sec. 25. Minnesota Statutes 1995 Supplement, section
124.3202, is amended to read:
124.3202 [SPECIAL EDUCATION SUMMER PROGRAM REVENUE.]
Subdivision 1. [SUMMER PROGRAM BASE REVENUE.] The summer
program base revenue for fiscal year 1996 and fiscal year 1997
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 fiscal year 1997, 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. The state total summer program revenue for fiscal
year 1997 equals $3,728,500. Fiscal year 1996 summer program
revenue is for 1995 summer programs. Fiscal year 1997 summer
program revenue is for 1996 summer programs provided in fiscal
year 1996.
Subd. 4. [SCHOOL DISTRICT SUMMER PROGRAM REVENUE.] (a) A
school district's summer program revenue for fiscal year
1996 and fiscal year 1997 equals the state total summer program
revenue, minus the amount determined under paragraph (b), times
the ratio of the district's adjusted summer program base revenue
to the state total adjusted summer program base revenue.
(b) Notwithstanding paragraph (a), if the special education
base revenue for a district under section 124.3201, subdivision
2, equals zero, the summer program revenue equals the amount
computed according to subdivision 1 using current year data.
Subd. 5. [SPECIAL EDUCATION SUMMER PROGRAM AID.] A school
district's special education summer program aid for fiscal year
1996 and fiscal year 1997 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. 26. Minnesota Statutes 1995 Supplement, 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 124.3201, and 124.3202, and 124.321; plus
(2) expenditures for tuition bills received under section
120.17 for services eligible for revenue under sections
124.3201, subdivision 2, and 124.3202, subdivision 1; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under sections 124.3201, and 124.3202,
and 124.321; minus
(4) tuition receipts under section 120.17 for services
eligible for revenue under sections 124.3201, subdivision 2, and
124.3202, subdivision 1.
(b) "General revenue," for fiscal year 1996, means the sum
of the general education revenue according to section 124A.22,
subdivision 1, as adjusted according to section 124A.036,
subdivision 5, 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, as adjusted
according to section 124A.036, subdivision 5, plus the total
referendum revenue minus transportation sparsity revenue minus
total operating capital revenue.
Sec. 27. Minnesota Statutes 1995 Supplement, section
124.323, subdivision 2, is amended to read:
Subd. 2. [EXCESS COST REVENUE.] For 1996 and later fiscal
years, a district's special education excess cost revenue equals
the product of:
(1) 70 percent of the difference between (i) (1) the
district's unreimbursed special education cost per actual pupil
unit and (ii) (2) 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. 28. Minnesota Statutes 1995 Supplement, section
124.574, subdivision 2f, is amended 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 $8,520,000. The state
total secondary vocational-disabled revenue for fiscal year 1997
equals $7,960,000 $8,830,000. 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. 29. Minnesota Statutes 1995 Supplement, section
124.574, subdivision 2g, is amended to read:
Subd. 2g. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED
REVENUE.] (a) A school district's secondary vocational-disabled
revenue for fiscal year 1996 and later equals the state total
secondary vocational-disabled revenue, minus the amount
determined under paragraph (b), times the ratio of the
district's adjusted secondary vocational-disabled base revenue
to the state total adjusted secondary vocational-disabled base
revenue.
(b) Notwithstanding paragraph (a), if the secondary
vocational-disabled base revenue for a district equals zero and
no district residents were enrolled in secondary
vocational-disabled programs during the base year, the secondary
vocational-disabled revenue equals the amount computed according
to subdivision 2d using current year data.
Sec. 30. Minnesota Statutes 1994, section 124.86,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Each year each American
Indian-controlled tribal contract or grant school authorized by
the United States Code, title 25, section 450f, that is located
on a reservation within the state is eligible to receive tribal
contract or grant school aid subject to the requirements in this
subdivision.
(a) The school must plan, conduct, and administer an
education program that complies with the requirements of either
this chapter and chapters 120, 121, 122, 123, 124A, 124C, 125,
126, 129, and 268A or Code of Federal Regulations, title 25,
sections 31.0 to 45.80.
(b) The school must comply with all other state statutes
governing independent school districts or their equivalent in
the Code of Federal Regulations, title 25.
(c) The state tribal contract or grant school aid must be
used to supplement, and not to replace, the money for American
Indian education programs provided by the federal government.
Sec. 31. Minnesota Statutes 1994, section 124.86,
subdivision 2, is amended to read:
Subd. 2. [REVENUE AMOUNT.] An American Indian-controlled
tribal contract or grant school that is located on a reservation
within the state and that complies with the requirements in
subdivision 1 is eligible to receive tribal contract or grant
school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under section
124A.22, subdivision 2, times the difference between (a) the
actual pupil units as defined in section 124A.02, subdivision
15, in average daily membership, excluding section 124.17,
subdivision 2f, and (b) the number of pupils for the current
school year, weighted according to section 124.17, subdivision
1, receiving benefits under section 123.933 or 123.935 or for
which the school is receiving reimbursement under section
126.23;
(2) subtracting from the result in clause (1) the amount of
money allotted to the school by the federal government through
Indian School Equalization Program of the Bureau of Indian
Affairs, according to Code of Federal Regulations, title 25,
part 39, subparts A to E, for the basic program as defined by
section 39.11, paragraph (b), for the base rate as applied to
kindergarten through twelfth grade, excluding small school
adjustments and additional weighting, but not money allotted
through subparts F to L for contingency funds, school board
training, student training, interim maintenance and minor
repair, interim administration cost, prekindergarten, and
operation and maintenance, and the amount of money that is
received according to section 126.23;
(3) dividing the result in clause (2) by the actual pupil
units in average daily membership, excluding section 124.17,
subdivision 2f; and
(4) multiplying the actual pupil units, including section
124.17, subdivision 2f, in average daily membership by the
lesser of $1,500 or the sum of the result in clause (3) plus
$300.
Sec. 32. Minnesota Statutes 1994, section 126.531,
subdivision 3, is amended to read:
Subd. 3. Each committee shall be reimbursed for expenses
according to section 15.059, subdivision 6. The state board
shall determine the membership terms and the duration of each
committee, which expire no later than June 30, 1997.
Sec. 33. Minnesota Statutes 1995 Supplement, section
325G.203, subdivision 11, is amended to read:
Subd. 11. [NONCONFORMITY.] "Nonconformity" means a
specific condition or generic defect or malfunction, or a defect
or condition that substantially impairs the use, value, or
safety of an assistive device, but does not include a condition
or defect that is the result of abuse or unauthorized
modification or alteration of the assistive device by the
consumer.
For those assistive devices regulated under section
153A.19, "nonconformity" does not include a condition of the
device that is the result of normal use which could be resolved
through fitting adjustments, cleaning, or proper care.
Sec. 34. Minnesota Statutes 1994, section 466.01,
subdivision 1, is amended to read:
Subdivision 1. [MUNICIPALITY.] For the purposes of
sections 466.01 to 466.15, "municipality" means any city,
whether organized under home rule charter or otherwise, any
county, town, public authority, public corporation, special
district, school district, however organized, county
agricultural society organized pursuant to chapter 38, joint
powers board or organization created under section 471.59 or
other statute, public library, regional public library system,
multicounty multitype library system, family services
collaborative established under section 121.8355, other
political subdivision, or community action agency.
Sec. 35. Minnesota Statutes 1994, section 471.59,
subdivision 11, is amended to read:
Subd. 11. [JOINT POWERS BOARD.] (a) Two or more
governmental units, through action of their governing bodies, by
adoption of a joint powers agreement that complies with the
provisions of subdivisions 1 to 5, may establish a joint board
to issue bonds or obligations pursuant to under any law by which
any of the governmental units establishing the joint board may
independently issue bonds or obligations and may use the
proceeds of the bonds or obligations to carry out the purposes
of the law under which the bonds or obligations are issued. A
joint board created pursuant to established under this section
may issue obligations and other forms of indebtedness
only pursuant to in accordance with express authority granted by
the action of the governing bodies of the governmental
units which that established the joint board. Except as
provided in paragraph (b), the joint board established pursuant
to under this subdivision shall must be composed solely of
members of the governing bodies of the governmental unit which
that established the joint board, and the. A joint
board established under this subdivision may not pledge the full
faith and credit or taxing power of any of the governmental
units which that established the joint board. The obligations
or other forms of indebtedness shall must be obligations of the
joint board issued on behalf of the governmental units creating
the joint board. The obligations or other forms of indebtedness
shall must be issued in the same manner and subject to the same
conditions and limitations which that would apply if the
obligations were issued or indebtedness incurred by one of the
governmental units which that established the joint board,
provided that any reference to a governmental unit in the
statute, law, or charter provision authorizing the issuance of
the bonds or the incurring of the indebtedness shall be is
considered a reference to the joint board.
(b) Notwithstanding paragraph (a), one school district, one
county, and one public health entity, through action of their
governing bodies, may establish a joint board to establish and
govern a family services collaborative under section 121.8355.
The school district, county, and public health entity may
include other governmental entities at their discretion. The
membership of a board established under this paragraph, in
addition to members of the governing bodies of the participating
governmental units, must include the representation required by
section 121.8355, subdivision 1, paragraph (a), selected in
accordance with section 121.8355, subdivision 1, paragraph (c).
Sec. 36. Laws 1995, First Special Session chapter 3,
article 3, section 19, subdivision 7, is amended to read:
Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid according to Minnesota Statutes, section 124.86:
$238,000 ..... 1996
$361,000 $861,000 ..... 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 $823,000 for 1997.
Sec. 37. Laws 1995, First Special Session chapter 3,
article 3, section 19, subdivision 15, is amended to read:
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 $11,771,000 ..... 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 $10,032,000 for 1997.
Sec. 38. Laws 1995, First Special Session chapter 3,
article 15, section 26, subdivision 7, is amended to read:
Subd. 7. [TARGETED NEEDS AID.] For targeted needs aid:
$37,682,000 $39,546,000 ..... 1996
$41,597,000 $41,606,000 ..... 1997
(a) Of the 1996 amount, $945,000 is for 1995 LEP aid and
$4,359,000 $6,223,000 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 $1,098,000 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.
Sec. 39. Laws 1995, First Special Session chapter 3,
article 15, section 26, subdivision 8, is amended to read:
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 $4,936,000 ..... 1996
$5,424,000 $6,020,000 ..... 1997
The 1996 appropriation includes $590,000 for 1995 and
$3,899,000 $4,346,000 for 1996.
The 1997 appropriation includes $688,000 $766,000 for 1996
and $4,736,000 $5,254,000 for 1997.
Sec. 40. Laws 1995, First Special Session chapter 3,
article 15, section 26, subdivision 10, is amended to read:
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 $1,300,000 ..... 1997
Each grant shall be for no more than $50,000.
Sec. 41. [OSSEO LEVY.]
For levies payable in 1997 only, independent school
district No. 279, Osseo, may levy a tax in an amount not to
exceed $800,000. The proceeds of this levy must be used to
provide instructional services for at-risk children.
Sec. 42. [FISCAL YEAR 1997 SECONDARY VOCATIONAL
GUARANTEE.]
(a) Notwithstanding Minnesota Statutes, section 124.573,
subdivision 2f, paragraphs (a) and (b), a school district's
secondary vocational aid for fiscal year 1997 shall not be less
than 25 percent of the lessor of (1) $90,000, or (2) the
approved expenditure included in subdivision 2b, paragraph (b).
(b) Aid provided according to this section is not included
in the fiscal year 1997 base for calculating fiscal year 1998
aid according to Minnesota Statutes, section 124.573,
subdivision 2f, paragraph (a).
(c) The amounts allocated according to this section are not
included in the secondary vocational aid base for fiscal year
1998 and after.
Sec. 43. [EFFECTIVE DATE.]
Sections 11 to 14, 26 and 29 are effective retroactively to
July 1, 1995, for the 1995-1996 school year and later. Sections
21 to 23 are effective for fiscal year 1996. Sections 24 and 38
are effective the day following final enactment.
ARTICLE 4
COMMUNITY PROGRAMS
Section 1. [120.063] [SCHOOL ATTENDANCE.]
Attendance at a particular public school is a privilege not
a right for a pupil.
Sec. 2. Minnesota Statutes 1995 Supplement, section
120.064, subdivision 9, is amended to read:
Subd. 9. [ADMISSION REQUIREMENTS.] 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.
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.
A charter school may not limit admission to pupils on the
basis of intellectual ability, measures of achievement or
aptitude, or athletic ability.
Sec. 3. [121.615] [MINNESOTA SCHOOL-TO-WORK STUDENT
ORGANIZATION.]
Subdivision 1. [CITATION.] This section may be cited as
the "Minnesota school-to-work student organization act."
Subd. 2. [CREATION OF FOUNDATION.] There is created the
Minnesota school-to-work student organization foundation. The
purpose of the foundation shall be to promote vocational student
organizations and applied leadership opportunities in Minnesota
public schools through public-private partnerships. The
foundation shall be a nonprofit organization. The board of
directors of the foundation and activities of the foundation are
under the direction of the department of children, families, and
learning.
Subd. 3. [BOARD OF DIRECTORS.] The board of directors of
the school-to-work student organization foundation shall consist
of:
(1) chairs or designees from the board of directors of FFA
(formerly Future Farmers of America), Future Leaders of
America/Future Homemakers of America, post-secondary agriculture
students, home economics related occupations, Health Occupations
Student Association, Distributive Education Clubs of America,
Delta Upsilon Chi, Secondary Vocational Industrial Clubs of
America, Post-secondary Vocational Industrial Clubs of America,
Secondary Business Professionals of America, and Post-secondary
Business Professionals of America;
(2) four members from business and industry appointed by
the governor; and
(3) five students representing diverse vocational areas,
three of whom are appointed by the commissioner of the
department of children, families, and learning and two of whom
are appointed by the chancellor of the Minnesota state colleges
and universities with the advice of the executive councils of
each vocational education student organization.
Executive directors of vocational education student
organizations are ex officio, nonvoting members of the board.
Subd. 4. [FOUNDATION PROGRAMS.] The foundation shall
advance applied leadership and intracurricular vocational
learning experiences for students. These may include, but are
not limited to:
(1) recognition programs and awards for students
demonstrating excellence in applied leadership;
(2) summer programs for student leadership, career
development, applied academics, and mentorship programs with
business and industry;
(3) recognition programs for teachers, administrators, and
others who make outstanding contributions to school-to-work
programs;
(4) outreach programs to increase the involvement of urban
and suburban students;
(5) organized challenges requiring cooperation and
competition for secondary and post-secondary students;
(6) assistance and training to community teams to increase
career awareness and empowerment of youth as community leaders;
and
(7) assessment and activities in order to plan for and
implement continuous improvement.
To the extent possible, the foundation shall make these
programs available to students in all parts of the state.
Subd. 5. [POWERS AND DUTIES.] The foundation may:
(1) identify and plan common goals and priorities for the
various school-to-work student organizations in Minnesota;
(2) publish brochures or booklets relating to the purposes
of the foundation and collect reasonable fees for the
publications;
(3) seek and receive public and private money, grants, and
in-kind services and goods from nonstate sources for the
purposes of the foundation;
(4) contract with consultants on behalf of the
school-to-work student organizations; and
(5) plan, implement, and expend money for awards and other
forms of recognition for school-to-work student activities.
Subd. 6. [CONTRACTS.] The foundation board of directors
shall review and approve foundation personnel and programming
contracts.
Subd. 7. [FOUNDATION STAFF.] The commissioner of the
department of children, families, and learning shall appoint the
executive director of the foundation from three candidates
nominated and submitted by the foundation board of directors
and, as necessary, other staff who shall perform duties and have
responsibilities solely related to the foundation. The
employees appointed are not state employees under chapter 43A,
but are covered under section 3.736. The employees may
participate in the state health and state insurance plans for
employees in unclassified service.
The commissioner shall appoint from the office of lifework
development a liaison to the foundation board.
Subd. 8. [PUBLIC FUNDING.] The commissioner of the
department of children, families, and learning shall identify
and secure appropriate sources of state and federal funding from
various state agencies, including, but not limited to, Minnesota
state colleges and universities, for the operation and
development of school-to-work student organizations.
Subd. 9. [PRIVATE FUNDING.] The foundation shall seek
private resources to supplement the allocated state and federal
money. Individuals, businesses, and other organizations may
contribute to the foundation in any manner specified by the
board of directors.
Subd. 10. [REPORT.] The foundation shall submit an annual
report and assessment to the office of lifework development and
to the board of trustees of the Minnesota state colleges and
universities.
Subd. 11. [APPROPRIATION.] There is annually appropriated
to the foundation all the amounts received by the foundation
pursuant to this section.
Subd. 12. [STUDENT ORGANIZATIONS.] Individual boards of
vocational education student organizations shall continue their
operations in accordance with section 126.151 and applicable
federal law.
Sec. 4. Minnesota Statutes 1994, section 121.8355,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as
a family services collaborative, a minimum of one school
district, one county, and one public health entity, one
community action agency as defined in section 268.53, and one
Head Start grantee if the community action agency is not the
designated federal grantee for the Head Start program must agree
in writing to provide coordinated family services and commit
resources to an integrated fund. Collaboratives are expected to
have broad community representation, which may include other
local providers, including additional school districts,
counties, and public health entities, other municipalities,
public libraries, existing culturally specific community
organizations, tribal entities, local health organizations,
private and nonprofit service providers, child care providers,
local foundations, community-based service groups, businesses,
local transit authorities or other transportation providers,
community action agencies under section 268.53, senior citizen
volunteer organizations, parent organizations, parents, and
sectarian organizations that provide nonsectarian services.
(b) Community-based collaboratives composed of
representatives of schools, local businesses, local units of
government, parents, students, clergy, health and social
services providers, youth service organizations, and existing
culturally specific community organizations may plan and develop
services for children and youth. A community-based
collaborative must agree to collaborate with county, school
district, community action, and public health entities. Their
services may include opportunities for children or youth to
improve child health and development, reduce barriers to
adequate school performance, improve family functioning, provide
community service, enhance self esteem, and develop general
employment skills.
(c) Members of the governing bodies of political
subdivisions involved in the establishment of a family services
collaborative shall select representatives of the
nongovernmental entities listed in paragraph (a) to serve on the
governing board of a collaborative. The governing body members
of the political subdivisions shall select one or more
representatives of the nongovernmental entities within the
family service collaborative.
Sec. 5. Minnesota Statutes 1994, section 121.8355, is
amended by adding a subdivision to read:
Subd. 2a. [DUTIES OF CERTAIN COORDINATING BODIES.] By
mutual agreement of the collaborative and a coordinating body
listed in this subdivision, a family services collaborative may
assume the duties of a community transition interagency
committee established under section 120.17, subdivision 16; an
interagency early intervention committee established under
section 120.1701, subdivision 5; a local advisory council
established under section 245.4875, subdivision 5; or a local
coordinating council established under section 245.4875,
subdivision 6.
Sec. 6. Minnesota Statutes 1994, section 124.17, is
amended by adding a subdivision to read:
Subd. 5. [BASIC SKILLS SUMMER SCHOOL PUPIL UNITS.] When a
pupil who has not passed an assessment of basic graduation
standards in reading, writing, or mathematics is enrolled in a
mastery of basic skills summer school program that is not a part
of the regular school term and the student has a total
enrollment time of more than 1,020 hours in a school year, the
pupil may be counted as more than one pupil in average daily
membership for purposes of this subdivision only. The amount in
excess of one pupil must be determined by the ratio of the
number of hours of instruction provided to that pupil in excess
of 1,020 hours. For each pupil, only the amount of summer
school enrollment time attributable to basic skills instruction
may be used to calculate the additional hours in the school
year. Basic skills instruction is defined as in Minnesota's
rules on graduation standards and includes reading, writing, and
mathematics. Hours that occur after the close of the
instructional year in June shall be attributable to the
following fiscal year. A pupil for whom payment is made under
this subdivision may be counted by a district only for the
computation of basic revenue, according to section 124A.22,
subdivision 2, minus $300.
Sec. 7. Minnesota Statutes 1994, section 124.2711,
subdivision 6, is amended to read:
Subd. 6. [RESERVE ACCOUNT.] Early childhood family
education revenue, which includes aids, levies, fees, grants,
and all other revenues received by the school district for early
childhood family education programs, must be maintained in a
reserve account within the community service fund.
Sec. 8. Minnesota Statutes 1994, section 124.2713,
subdivision 10, is amended to read:
Subd. 10. [RESERVE ACCOUNT.] Community education revenue,
which includes aids, levies, fees, grants, and all other
revenues received by the school district for community education
programs, must be maintained in a reserve account within the
community service fund.
Sec. 9. Minnesota Statutes 1994, section 124.276, is
amended to read:
124.276 [CAREER TEACHER FAMILY CONNECTIONS AID.]
Subdivision 1. [ELIGIBILITY.] A school district that has a
career teacher family connections program, according to sections
125.70 to 125.705, for one or more of its teachers is eligible
for aid to extend the teaching contract of a career family
connections teacher.
Subd. 2. [STATE SHARE OF EXTENDED CONTRACT.] The state
shall pay two-thirds of the portion of the teaching contract,
excluding fringe benefits, that is in addition to the standard
teaching contract of the district. The district shall pay the
remaining portion.
Subd. 3. [COMMISSIONER APPROVAL.] The commissioner may
approve plans and applications for districts throughout the
state for career teacher family connections aid. Application
procedures and deadlines shall be established by the
commissioner.
Subd. 4. [USE OF AID.] Career teacher family connections
aid may be used only to implement a career teacher family
connections program.
Sec. 10. Minnesota Statutes 1994, section 124.912,
subdivision 6, is amended to read:
Subd. 6. [CRIME RELATED COSTS.] For taxes levied in 1991
and subsequent years, payable in 1992 and subsequent years, each
school district may make a levy on all taxable property located
within the school district for the purposes specified in this
subdivision. The maximum amount which may be levied for all
costs under this subdivision shall be equal to $1 multiplied by
the population of the school district. For purposes of this
subdivision, "population" of the school district means the same
as contained in section 275.14. The proceeds of the levy must
be used for reimbursing the cities and counties who contract
with the school district for the following purposes: (1) to pay
the costs incurred for the salaries, benefits, and
transportation costs of peace officers and sheriffs for liaison
services in the district's middle and secondary schools and; (2)
to pay the costs for a drug abuse prevention program as defined
in Minnesota Statutes 1991 Supplement, section 609.101,
subdivision 3, paragraph (f) in the elementary schools; or (3)
to pay the costs for a gang resistance education training
curriculum in the middle schools. The school district must
initially attempt to contract for these services with the police
department of each city or the sheriff's department of the
county within the school district containing the school
receiving the services. If a local police department or a
county sheriff's department does not wish to provide the
necessary services, the district may contract for these services
with any other police or sheriff's department located entirely
or partially within the school district's boundaries. The levy
authorized under this subdivision is not included in determining
the school district's levy limitations.
Sec. 11. Minnesota Statutes 1994, section 124A.291, is
amended to read:
124A.291 [RESERVED REVENUE FOR CERTAIN TEACHER PROGRAM.]
A district that has a career teacher family connections
program or a mentor-teacher program may reserve part of the
basic revenue under section 124A.22, subdivision 2, for the
district's share, of the portion of the teaching contract that
is in addition to the standard teaching contract of the district.
Sec. 12. Minnesota Statutes 1994, section 124C.45, is
amended by adding a subdivision to read:
Subd. 1a. [RESERVE REVENUE.] Each school district that is
a member of an area learning center must reserve revenue in an
amount equal to at least 90 percent of the basic revenue
generated by each student attending an area learning center
program under this section. The amount of reserved revenue
under this subdivision may only be spent on program costs
associated with the area learning center.
Sec. 13. Minnesota Statutes 1994, section 125.70, is
amended to read:
125.70 [CITATION.]
Sections 125.701 to 125.705 may be cited as the "Minnesota
career teacher family connections act."
Sec. 14. Minnesota Statutes 1994, section 125.701, is
amended to read:
125.701 [PURPOSE OF THE CAREER TEACHER FAMILY CONNECTIONS
ACT.]
The legislature recognizes the unique and lifelong learning
and development process of all human beings. The legislature is
committed to the goal of maximizing the individual growth
potential of all learners. The purposes of the career teacher
family connections act are:
(1) to offer career teacher family connections programs
which emphasize learning and development based on learner
outcomes;
(2) to recognize and utilize the unique skills that
teachers, students, family, and the community have in both the
teaching process and the learning and development process; and
(3) to provide an opportunity for maximum use of teachers,
principals, and counselors.
Sec. 15. Minnesota Statutes 1994, section 125.703, is
amended to read:
125.703 [ADVISORY COUNCIL.]
The school board of a district providing a career teacher
family connections program shall appoint an advisory council.
Council members shall be selected from the school attendance
area in which programs are provided. Members of the council may
include students, teachers, principals, administrators and
community members. A majority of the members shall be parents
with children participating in the local program. The local
advisory council shall advise the school board in the
development, coordination, supervision, and review of the career
teacher program. The council shall meet at least two times each
year with any established community education advisory council
in the district. Members of the council may be members of the
community education advisory council. The council shall report
to the school board.
Sec. 16. Minnesota Statutes 1994, section 125.704, is
amended to read:
125.704 [CAREER TEACHER FAMILY CONNECTIONS PROGRAM
COMPONENTS.]
Subdivision 1. [MANDATORY COMPONENTS.] A career
teacher family connections program shall include:
(1) participation by a designated individual as a career
teacher, principal-teacher, or counselor teacher;
(2) an emphasis on each individual child's unique learning
and development needs;
(3) procedures to give the career teacher a major
responsibility for leadership of the instructional and
noninstructional activities of each child beginning with early
childhood family education;
(4) procedures to involve parents in the learning and
development experiences of their children;
(5) procedures to implement outcome based education by
focusing on the needs of the learner;
(6) procedures to coordinate and integrate the
instructional program with all community education programs;
(7) procedures to concentrate career teacher programs at
sites that provide early childhood family education and
subsequent learning and development programs; and
(8) procedures for the district to fund the program.
Subd. 2. [OPTIONAL COMPONENTS.] A career teacher family
connections program may include:
(1) efforts to improve curricula strategies, instructional
strategies, and use of materials that respond to the individual
educational needs and learning styles of each pupil in order to
enable each pupil to make continuous progress and to learn at a
rate appropriate to that pupil's abilities;
(2) efforts to develop student abilities in basic skills;
applied learning skills; and, when appropriate, arts;
humanities; physical, natural, and social sciences;
multicultural education; physical, emotional, and mental health;
consumer economics; and career education;
(3) use of community resources and communications media to
pursue learning and development opportunities for pupils;
(4) staff development for teachers and other school
personnel;
(5) improvements to the learning and development
environment, including use of the community in general, to
enhance the learning and development process;
(6) cooperative efforts with other agencies involved with
human services or child development and development of
alternative community based learning and development
experiences;
(7) post-secondary education components for pupils who are
able to accelerate or programs for pupils with special abilities
and interests who are given advanced learning and development
opportunities within existing programs;
(8) use of volunteers in the learning and development
program;
(9) flexible attendance schedules for pupils;
(10) adult education component;
(11) coordination with early childhood family education and
community education programs;
(12) variable student/faculty ratios for special education
students to provide for special programming;
(13) inclusion of nonpublic pupils as part of the ratio in
the career teacher, principal-teacher, and counselor teacher
component;
(14) application of educational research findings;
(15) summer learning and development experiences for
students as recommended by the career teacher,
principal-teacher, and counselor teacher;
(16) use of education assistants, teacher aides, or
paraprofessionals as part of the career teacher program;
(17) establishment of alternative criteria for high school
graduation; and
(18) variable age and learning size groupings of students.
Sec. 17. Minnesota Statutes 1994, section 125.705,
subdivision 1, is amended to read:
Subdivision 1. [STATUS.] A career teacher family
connections program may include a career teacher,
principal-teacher, and counselor teacher component. The career
teacher, principal-teacher, and counselor teacher shall not be
the exclusive teacher for students assigned to them but shall
serve as a primary teacher and perform the function of
developing and implementing a student's overall learning and
development program. The career teacher, principal-teacher, and
counselor teacher may be responsible for regular assignments as
well as learning and development programs for other assigned
students.
Sec. 18. Minnesota Statutes 1994, section 126.22,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The legislature finds that it is
critical for persons to obtain at least a high school education
to function in today's society to provide options for children
to succeed in school. Therefore, the purpose of this section is
to provide incentives for and encourage all Minnesota students
who have experienced or are experiencing difficulty in the
traditional education system to enroll in alternative programs
in order to complete their high school education.
Sec. 19. Minnesota Statutes 1995 Supplement, 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
education options program:
(a) any pupil who is between the ages of 12 and under the
age of 21, or who is an elementary pupil, and in either case,
who:
(1) is at least two grade levels performs substantially
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. 20. Minnesota Statutes 1995 Supplement, section
126.22, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible
according to subdivision 2 may enroll in 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. 21. Minnesota Statutes 1995 Supplement, section
126.22, subdivision 5, is amended to read:
Subd. 5. [DISSEMINATION OF INFORMATION.] A school district
shall disseminate information, developed by the department of
children, families, and learning, about the high school
graduation incentives program to residents in the district who
are under the age of 21.
Sec. 22. Minnesota Statutes 1995 Supplement, section
126.22, subdivision 8, is amended to read:
Subd. 8. [ENROLLMENT VERIFICATION.] (a) For a pupil
attending an eligible program full time under subdivision 3,
paragraph (d), the department of children, families, and
learning shall pay 88 90 percent of the basic revenue of the
district to the eligible program and 12 ten percent of the basic
revenue to the resident district within 30 days after the
eligible program verifies enrollment using the form provided by
the department. For a pupil attending an eligible program part
time, basic revenue shall be reduced proportionately, according
to the amount of time the pupil attends the program, and the
payments to the eligible program and the resident district shall
be reduced accordingly. A pupil for whom payment is made
according to this section may not be counted by any district for
any purpose other than computation of basic revenue, according
to section 124A.22, subdivision 2. If payment is made for a
pupil under this subdivision, a school district shall not
reimburse a program under section 126.23 for the same pupil.
(b) The department of children, families, and learning
shall pay up to 100 percent of the basic revenue to the eligible
program if there is an agreement to that effect between the
school district and the eligible program.
Sec. 23. Minnesota Statutes 1995 Supplement, section
126.23, is amended to read:
126.23 [AID FOR PRIVATE CONTRACTED ALTERNATIVE PROGRAMS.]
Subdivision 1. [AID.] If a pupil enrolls in an alternative
program, eligible under section 126.22, subdivision 3, paragraph
(d), or subdivision 3a, operated by a private organization that
has contracted with a school district to provide educational
services for eligible pupils under section 126.22, subdivision
2, the district contracting with the private organization must
reimburse the provider an amount equal to at least 88 90 percent
of the basic revenue of the district for each pupil attending
the program full time. For a pupil attending the program part
time, basic revenue paid to the program shall be reduced
proportionately, according to the amount of time the pupil
attends the program, and basic revenue paid to the district
shall be reduced accordingly. Pupils for whom a district
provides reimbursement may not be counted by the district for
any purpose other than computation of basic revenue, according
to section 124A.22, subdivision 2. If payment is made to a
district or program for a pupil under this section, the
department of children, families, and learning shall not make a
payment for the same pupil under section 126.22, subdivision 8.
Subd. 2. [RESERVE ACCOUNT.] During the term of the
contract to provide educational services under subdivision 1,
all state aid under subdivision 1 accrues to the account
assigned to the alternative program site and is reserved for
that site.
Sec. 24. Minnesota Statutes 1995 Supplement, section
128B.03, subdivision 3a, is amended to read:
Subd. 3a. [STATE REVENUES.] The state shall pay to the
council for the support of the school all aids, revenues, and
grants available to a school district as though the school were
a school district. The aids, revenues, and grants include, but
are not limited to, the following:
(1) general education revenue, as defined in section
124A.22, subdivision 1, including at least compensatory revenue;
(2) transportation revenue;
(3) capital expenditure facilities revenue;
(4) capital expenditure equipment revenue;
(5) special education revenue;
(6) limited English proficiency aid;
(7) career teacher family connections aid;
(8) assurance of mastery revenue;
(9) school lunch revenue;
(10) school milk revenue;
(11) health and safety revenue;
(12) Indian language and culture grants;
(13) arts planning grants; and
(14) all other aids, revenues, or grants available to a
school district.
If there are eligibility requirements for an aid, revenue,
or grant, the requirements shall be met in order to obtain the
aid, revenue, or grant, except that a requirement to levy shall
be waived. To compute the amount of aid, revenue, or grant
requiring a levy, the amount of the levy shall be zero.
If a school district obtains revenue from the proceeds of a
levy, the council shall be deemed to have levied and the state
shall pay aid equal to the amount that would have been levied.
The amount shall be approved by the commissioner of children,
families, and learning.
The proceeds of any aid, grant, or revenue shall be used
only as provided in the applicable statute.
Sec. 25. Minnesota Statutes 1994, section 256.736,
subdivision 11, is amended to read:
Subd. 11. [CASE MANAGEMENT SERVICES.] (a) The county
agency may, to the extent of available resources, enroll
targeted caretakers described in subdivision 16 in case
management services and for those enrolled shall:
(1) Provide an assessment as described in subdivision 10,
paragraph (a), clause (14). As part of the assessment, the case
manager shall inform caretakers of the screenings available
through the early periodic screening, diagnosis and treatment
(EPSDT) program under chapter 256B and preschool screening under
chapter 123, and encourage caretakers to have their children
screened. The case manager must work with the caretaker in
completing this task;
(2) Develop an employability development plan as described
in subdivision 10, paragraph (a), clause (15). The case manager
must work with the caretaker in completing this task. For
caretakers who are not literate or who have not completed high
school, the first goal for the caretaker should be to complete
literacy training or a general equivalency diploma. Caretakers
who are literate and have completed high school shall be
counseled to set realistic attainable goals, taking into account
the long-term needs of both the caretaker and the caretaker's
family;
(3) Coordinate services such as child care, transportation,
and education assistance necessary to enable the caretaker to
work toward the goals developed in clause (2). The case manager
shall refer caretakers to resource and referral services, if
available, and shall assist caretakers in securing appropriate
child care services. When a client needs child care services in
order to attend a Minnesota public or nonprofit college,
university or technical college, the case manager shall contact
the appropriate agency to reserve child care funds for the
client. A caretaker who needs child care services in order to
complete high school or a general equivalency diploma is
eligible for child care under sections 256H.01 to 256H.19;
(4) Develop, execute, and monitor a contract between the
county agency and the caretaker. The contract must be based
upon the employability development plan described in subdivision
10, paragraph (a), clause (15), but must be a separate
document. It must include: (a) specific goals of the caretaker
including stated measurements of progress toward each goal, the
estimated length of participation in the program, and the number
of hours of participation per week; (b) educational, training,
and employment activities and support services provided by the
county agency, including child care; and (c) the participant's
obligations and the conditions under which the county will
withdraw the services provided;
The contract must be signed and dated by the case manager
and participant and may include other terms as desired or needed
by either party. In all cases, however, the case manager must
assist the participant in reviewing and understanding the
contract and must ensure that the caretaker has set forth in the
contract realistic goals consistent with the ultimate goal of
self-sufficiency for the caretaker's family; and
(5) Develop and refer caretakers to counseling or peer
group networks for emotional support while participating in
work, education, or training.
(b) In addition to the duties in paragraph (a), for minor
parents and pregnant minors, the case manager shall:
(1) Ensure that the contract developed under paragraph (a),
clause (4), considers all factors set forth in section 257.33,
subdivision 2;
(2) Assess the housing and support systems needed by the
caretaker in order to provide the dependent children with
adequate parenting. The case manager shall encourage minor
parents and pregnant minors who are not living with friends or
relatives to live in a group home or foster care setting. If
minor parents and pregnant minors are unwilling to live in a
group home or foster care setting or if no group home or foster
care setting is available, the case manager shall assess their
need for training in parenting and independent living skills and
when appropriate shall refer them to available counseling
programs designed to teach needed skills; and
(3) Inform minor parents or pregnant minors of, and assist
them in evaluating the appropriateness of, the high school
graduation incentives program under section 126.22, including
post-secondary enrollment options, and the employment-related
and community-based instruction programs.
(c) A caretaker may request a conciliation conference to
attempt to resolve disputes regarding the contents of a contract
developed under this section or a housing and support systems
assessment conducted under this section. The caretaker may
request a hearing pursuant to section 256.045 to dispute the
contents of a contract or assessment developed under this
section. The caretaker need not request a conciliation
conference in order to request a hearing pursuant to section
256.045.
Sec. 26. Laws 1995, First Special Session chapter 3,
article 1, section 61, is amended to read:
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; 6b; and 124A.02, subdivision 21; 126.22;
and 126.23.
Sec. 27. Laws 1995, First Special Session chapter 3,
article 4, section 29, subdivision 10, is amended to read:
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. An applicant receiving a grant
may carry forward any unencumbered money.
Sec. 28. Laws 1995, First Special Session chapter 3,
article 8, section 25, subdivision 18, is amended to read:
Subd. 18. [CAREER TEACHER FAMILY CONNECTIONS AID.] For
career teacher family connections aid according to Minnesota
Statutes, section 124.276:
$125,000 ..... 1996
$125,000 $225,000 ..... 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.*
(The preceding section was vetoed by the governor.)
Sec. 29. [MINNESOTA COMMISSION ON NATIONAL AND COMMUNITY
SERVICE.]
The Minnesota commission on national and community service
retains responsibility for implementing federal programs under
the federal commission on national and community service.
Responsibilities of the Minnesota commission on national and
community service may only be transferred to the governor's
workforce development council under Minnesota Statutes 1995
Supplement, section 268.665 after the attorney general has
certified that the workforce development council meets all the
federal requirements for the commission on national and
community service.
Notwithstanding Minnesota Statutes 1995 Supplement, section
121.705, if the Minnesota commission on national and community
service retains responsibility for federal programs under this
section, it also retains responsibility for administering the
youth works program and state appropriations made for the youth
works program under Laws 1995, First Special Session chapter 3,
article 4, section 29, subdivisions 19 and 20.
Sec. 30. [PILOT AFTER-SCHOOL ENRICHMENT PROGRAMS.]
Subdivision 1. [ESTABLISHMENT.] A pilot after-school
enrichment grant program is established to provide
implementation grants to community collaboratives for designated
neighborhoods of Minneapolis and St. Paul, and for selected
areas outside Minneapolis and St. Paul. The commissioner of
children, families, and learning shall develop criteria for
after-school enrichment programs in up to three qualifying
neighborhoods in each of the cities, and selected neighborhoods
in the rest of the state. Qualifying neighborhoods are
designated by the commissioner under subdivision 2.
Subd. 2. [QUALIFYING NEIGHBORHOODS.] In Minneapolis, the
neighborhoods that qualify for designation are the Near North
Side, Hawthorne, Sumner-Glenwood, Powderhorn Central, Whittier
and Phillips. In St. Paul, neighborhoods that qualify for
designation are Summit-University, Thomas-Dale, North End,
Payne-Phalen, Daytons Bluff, and the West Side.
Subd. 3. [PROGRAM OUTCOMES.] The outcomes of the
after-school enrichment programs are to:
(1) increase the number of children participating in
after-school programs who live in the designated neighborhoods;
(2) reduce the juvenile crime rate in the designated
neighborhoods;
(3) reduce the number of police calls involving juveniles
during the afternoon after-school hours;
(4) increase school attendance;
(5) reduce the number of school suspensions;
(6) increase the number of youth engaged in community
service;
(7) increase youth academic achievement; and
(8) increase the skills of youth in computers, the arts,
athletics, and other activities.
Subd. 4. [PLAN.] By July 1, 1996, a community
collaborative, consisting of representatives of community
organizations and representatives of the county, city, and
school district, shall develop a plan for an after-school
enrichment program for children ages nine through 13 who reside
in the designated neighborhood to be served. Reading mentorship
programs may be included in the plan. Each community
collaborative developing a plan shall identify points of
collaboration with other organizations and resources available
to implement an after-school enrichment program. The plan shall
include:
(1) collaboration and leverage of community resources that
exist and are effective;
(2) creative outreach to the children;
(3) collaboration of grassroots organizations;
(4) local governments and schools acting as resources;
(5) community control over the design of the enrichment
program;
(6) the availability of enrichment activities for a minimum
of five days per week after school with future plans to extend
to seven days per week; and
(7) identification of the sources of nonstate funding to
extend the programming beyond the period of the pilot grant.
Subd. 5. [PLAN APPROVAL; GRANTS.] (a) A plan developed by
a community collaborative under subdivision 4 shall be submitted
to the commissioner of children, family, and learning. When a
collaborative's plan is approved by the commissioner, the
commissioner shall award a grant to the community collaborative
for the implementation of the plan.
Sec. 31. [GRANTS TO IMPLEMENT CONSTRUCTIVE SCHOOL
DISCIPLINE POLICIES.]
Subdivision 1. [POLICY.] The legislature acknowledges the
importance of teaching students in a regular classroom setting
to the extent possible. Students in an educational setting are
expected to behave in a manner that is appropriate for learning
to take place. When students fail to meet behavioral
expectations, school discipline policies should penalize
students' inappropriate behavior, with the ultimate goal of
returning students to their regular classrooms. Schools should
involve parents in collaborative efforts to alter students'
inappropriate classroom behavior. Schools and parents should
find ways to ensure that students' inappropriate behavior does
not become chronic, necessitating long-term intervention and the
need for special services.
Subd. 2. [ESTABLISHMENT.] A grant program for fiscal year
1997 is established to develop, implement, and evaluate school
discipline policies, consistent with the pupil fair dismissal
act under Minnesota Statutes, sections 127.26 to 127.48.
Discipline policies, developed under this section, should be
designed to enable students to successfully return to the
regular classroom setting after being sanctioned for
inappropriate behavior. Discipline policies should focus on
early intervention strategies to limit the need for providing
regular education students with additional special programs and
services.
Subd. 3. [ELIGIBILITY.] An applicant for a grant must be a
school site, a school district, a charter school, or a provider
of an alternative education program. To be eligible for a
grant, the grant applicant must meet all of the following
criteria:
(1) develop a plan to mediate issues relating to district
or school site codes of conduct that apply to students who are
removed from a class or activity period;
(2) include in the code of conduct a plan to remove from
the regular classroom setting those students who violate the
code;
(3) provide students who violate the code with an
alternative education setting within the school or program site;
and
(4) make the alternative education setting a constructive
experience by using instructional materials tied to educational
standards, placing students in an alternative setting outside
the normal school day, involving parents in effecting
disciplinary measures, or developing intervention techniques
such as time outs, among other alternatives.
Subd. 4. [APPLICATION PROCESS.] To obtain a grant to
implement constructive school discipline policies, a grant
applicant must submit an application to the commissioner of
children, families, and learning in the form and manner the
commissioner establishes. The application must describe how the
applicant will meet the eligibility criteria under subdivision
3. The commissioner may require the applicant to provide
additional information.
Subd. 5. [GRANT AWARDS.] The commissioner may award grants
of up to $50,000. Grant recipients must be located throughout
the state. The commissioner shall make grant awards based on
the district's disciplinary experience and on the alternative
education settings the grant recipient proposes to use. Grant
recipients must use the grant proceeds to accomplish the
purposes of this section.
Subd. 6. [EVALUATION.] The commissioner shall evaluate the
grant sites and selected control sites to determine the impact
of the constructive discipline policy grant program on measures
of student behavior and performance, including, but not limited
to, student achievement and attendance, and the impact of the
program on the school site, the student body, the classroom, and
the school faculty. The evaluation must also address the
financial impact of the program on the district and the school
site. Upon implementing a student code of conduct consistent
with this section, the grant recipient must cooperate in
evaluating the impact of code policies. As a part of the
evaluation process, the grant recipient must document student
and parent response to code policies over at least a three-year
period. The commissioner shall compile for the education
committees of the legislature a progress report by February 1,
1998, and a final report by February 1, 2000, on the
effectiveness and impact of discipline policies.
Sec. 32. [ADULT BASIC EDUCATION STUDY.]
The legislature finds that increased adult literacy and
access to educational opportunities are necessary for
undereducated adults to more fully participate in their families
and to become self-sufficient contributors to their communities
and the Minnesota economy. There is a growing recognition that
basic education provides the opportunity for adults to learn the
skills necessary for fuller participation. To examine the
current and future needs for adult basic education and the
resources necessary to meet these identified needs, the
commissioner of the department of children, families, and
learning shall conduct or contract for a study of adult basic
education. The study, at a minimum, must include the following:
(1) an examination of the adult basic education formula
under section 124.26;
(2) the percentage of full adult basic education formula
funding that is prorated and the impact of proration on
programming and service delivery;
(3) the hold harmless provision based on an adult basic
education project's 1991-1992 state aid, and the impact on
program delivery;
(4) the distribution of funds under the adult basic
education formula and how closely it matches the need for adult
basic education throughout the state;
(5) an inventory of federal, state and local projects and
programs with skills and education programming for adults,
including education programs operated by the department of
corrections for inmates; and
(6) an examination of the changing role for adult basic
education with potential changes in income maintenance programs
and other aspects of welfare reform.
The commissioner shall report the findings of the study to
the chairs of the education committees of the legislature by
December 1, 1996. The report must contain recommendations for
funding of adult basic education and for consolidation or
coordination of adult education programming.
Sec. 33. [SPECIAL COMMUNITY SERVICE LEVY.]
In addition to other levies it is authorized to make each
year, independent school district No. 2190, Yellow Medicine
East, may levy on the property in the former school district No.
892, Clarkfield, for the costs of operating the district-owned
swimming pool in Clarkfield. The proceeds of this levy must be
deposited in the district's community service fund. The levy
may not exceed the net actual cost operation of the pool in the
previous year. Net actual costs are defined as operating costs
less operating revenues.
Sec. 34. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the commissioner of children, families,
and learning for the fiscal years designated.
Subd. 2. [YOUTH ENRICHMENT GRANTS.] For youth enrichment
grants:
$5,000,000 ..... 1996
The commissioner may use up to five percent of this
appropriation to provide technical assistance to community
organizations.
The commissioner may use up to 20 percent of this
appropriation for grants to neighborhoods outside of Minneapolis
and St. Paul that meet the criteria established by the
commissioner under section 30.
Of the amount for St. Paul, the commissioner may make a
grant to independent school district No. 625 for operating and
start-up costs of community-based charter schools sponsored by
the district.
This appropriation is available until June 30, 1997.
Subd. 3. [DISCIPLINE.] For grants to implement
constructive school discipline policies:
$300,000 ..... 1997
Grant recipients may expend the grant proceeds over a
three-year period. Of this amount, up to $20,000 is for
evaluation under section 31, subdivision 6.* (The preceding
subdivision was vetoed by the governor.)
Subd. 4. [COMMUNITY-BASED CHARTER SCHOOL GRANT.] For a
grant for community-based charter schools located in independent
school district No. 625, St. Paul:
$300,000 ..... 1997
The commissioner may establish criteria and any reporting
or match requirements for the grant under this section.
Subd. 5. [AID FOR CONTRACTED ALTERNATIVE PROGRAMS.] For
aid for contracted alternative programs under sections 22 and 23:
$330,000 ..... 1997
The appropriation is 85 percent of the entitlement for
fiscal year 1997.
Sec. 35. [EFFECTIVE DATE.]
Section 20 is effective June 30, 1996. Sections 29 and 32
are effective the day following final enactment.
ARTICLE 5
FACILITIES
Section 1. Minnesota Statutes 1994, section 124.239,
subdivision 4, is amended to read:
Subd. 4. [LEVY PROHIBITED FOR CAPITAL PROJECTS.] A
district that participates in the alternative facilities bonding
and levy program is not eligible to levy and cannot receive aid
for any capital projects under sections 124.83 and 124.84 for
any capital projects funded under this section. A district may
levy and receive aid for health and safety environmental
management costs and health and safety regulatory, hazard
assessment, record keeping, and maintenance programs as defined
in section 124.494, subdivision 2, and approved by the
commissioner.
Sec. 2. Minnesota Statutes 1995 Supplement, section
124.243, subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE FACILITIES REVENUE.] (a)
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, 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) 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.
(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.
(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.
(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 1995 Supplement, 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 The sum of the tax levy levies under
this section and section 124.2455, for each year must not exceed
the amount of the district's total operating capital revenue for
the year the initial debt service levies are certified. The
district's 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. 4. Minnesota Statutes 1995 Supplement, 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 124A.22, subdivision 11, total operating
capital 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. A tax levy must be made for the payment of
principal and interest on the bonds in accordance with section
475.61. The sum of the tax levies under this section and
section 124.2455, for each year must not exceed the amount of
the district's total operating capital revenue for the year the
initial debt service levies are certified. The district's
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 bonds.
(e) Notwithstanding paragraph (d), bonds issued by a
district 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 must be paid off within 20 years of issuance.
All the other provisions and limitation of paragraph (d) apply.
Sec. 5. Minnesota Statutes 1994, section 124.91,
subdivision 1, is amended to read:
Subdivision 1. [TO LEASE BUILDING OR LAND.] When a
district finds it economically advantageous to rent or lease a
building or land for any instructional purposes or for school
storage or furniture repair, and it determines that the capital
expenditure facilities revenues authorized under section
sections 124.243 and 124A.22, subdivision 10, are insufficient
for this purpose, it may apply to the commissioner for
permission to make an additional capital expenditure levy for
this purpose. An application for permission to levy under this
subdivision must contain financial justification for the
proposed levy, the terms and conditions of the proposed lease,
and a description of the space to be leased and its proposed
use. The criteria for approval of applications to levy under
this subdivision must include: the reasonableness of the price,
the appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state
of Minnesota, and the appropriateness of the proposed lease to
the space needs and the financial condition of the district.
The commissioner must not authorize a levy under this
subdivision in an amount greater than the cost to the district
of renting or leasing a building or land for approved purposes.
The proceeds of this levy must not be used for custodial or
other maintenance services. A district may not levy under this
subdivision for the purpose of leasing or renting a
district-owned building to itself.
Sec. 6. Minnesota Statutes 1994, section 124.91, is
amended by adding a subdivision to read:
Subd. 7. [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) 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. 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) For the purposes of 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) For the purposes of this subdivision, any references in
subdivision 1 to building or land shall include personal
property.
Sec. 7. Minnesota Statutes 1994, section 124.95,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the eligible debt service revenue of a district is
defined as follows:
(1) the amount needed to produce between five and six
percent in excess of the amount needed to meet when due the
principal and interest payments on the obligations of the
district for eligible projects according to subdivision 2,
including the amounts necessary for repayment of energy loans
according to section 216C.37 or sections 298.292 to 298.298,
debt service loans and capital loans, lease purchase payments
under section 124.91, subdivisions 2 and 3, alternative
facilities levies under section 124.239, subdivision 5, minus
(2) the amount of debt service excess levy reduction for
that school year calculated according to the procedure
established by the commissioner.
(b) The obligations in this paragraph are excluded from
eligible debt service revenue:
(1) obligations under section 124.2445;
(2) the part of debt service principal and interest paid
from the taconite environmental protection fund or northeast
Minnesota economic protection trust;
(3) obligations issued under Laws 1991, chapter 265,
article 5, section 18, as amended by Laws 1992, chapter 499,
article 5, section 24; and
(4) obligations under section 124.2455.
(c) For purposes of this section, if a preexisting school
district reorganized under section 122.22, 122.23, or 122.241 to
122.248 is solely responsible for retirement of the preexisting
district's bonded indebtedness, capital loans or debt service
loans, debt service equalization aid must be computed separately
for each of the preexisting school districts.
Sec. 8. Minnesota Statutes 1995 Supplement, section
124.961, is amended to read:
124.961 [DEBT SERVICE APPROPRIATION.]
(a) $30,054,000 in fiscal year 1996, $27,370,000
$28,162,000 in fiscal year 1997, and $32,200,000 $33,948,000 in
fiscal year 1998 and each year thereafter is appropriated from
the general fund to the commissioner of children, families, and
learning for payment of debt service equalization aid under
section 124.95. The 1998 appropriation includes
$4,830,000 $4,970,000 for 1997 and $27,370,000 $28,978,000 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. 9. Minnesota Statutes 1994, section 128D.11,
subdivision 3, is amended to read:
Subd. 3. [NO ELECTION.] Subject to the provisions of
subdivisions 7 to 10, the school district may also by a
two-thirds majority vote of all the members of its board of
education and without any election by the voters of the
district, issue and sell in each calendar year general
obligation bonds of the district in an amount not to
exceed one-half of one five and one-tenth per cent of the net
tax capacity of the taxable property in the district (plus, for
calendar years 1990 to 1996 2003, an amount not to exceed
$7,500,000; with an additional provision that any amount of
bonds so authorized for sale in a specific year and not sold can
be carried forward and sold in the year immediately following);
provided, however, that the board shall submit the list of
projects and undertakings to be financed by a proposed issue to
the city planning commission as provided in subdivision 10,
paragraph (b).
Sec. 10. Minnesota Statutes 1994, section 128D.11,
subdivision 5, is amended to read:
Subd. 5. [USE OF PROCEEDS.] The proceeds of the sale of
the bonds shall be used only for the rehabilitating, remodeling,
expanding, and equipping of existing school buildings and for
the acquisition of sites, construction, and equipping of new
school buildings, and for acquisition and betterment purposes,
and no part of the proceeds shall be used for maintenance.
Sec. 11. Minnesota Statutes 1994, section 128D.11,
subdivision 8, is amended to read:
Subd. 8. [NET DEBT LIMIT.] The school district shall not
be subject to a net debt in excess of ten 102 percent of the net
tax capacity of all taxable property therein.
Sec. 12. Laws 1995, First Special Session chapter 3,
article 5, section 20, subdivision 5, is amended to read:
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 $28,162,000 ..... 1997
The 1996 appropriation includes $30,054,000 for 1996.
The 1997 appropriation includes $27,370,000 $28,162,000 for
1997. This appropriation is 85 percent of the aid entitlement
for 1997.
Sec. 13. [136D.94] [REFUNDING BONDS.]
Sections 136D.281, subdivision 8, 136D.741, subdivision 8,
and 136D.87, subdivision 8, do not apply to bonds issued solely
for refunding purposes.
Sec. 14. Laws 1995, First Special Session chapter 3,
article 5, section 20, subdivision 6, is amended to read:
Subd. 6. [PLANNING GRANT.] (a) For a grant to for
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, and neighboring school
districts to plan delivery of educational services:
$40,000 ..... 1996
The grant is may also be used 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 students served by these districts. The joint
powers group districts must consult with neighboring districts
including 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.
(b) A portion of the appropriation must be used to conduct
an independent survey of parents as to their preference for a
school of attendance for their children if a single high school
is located within this group of districts. The survey of
attendance preferences must include the single high school and
high schools in neighboring districts.
(c) This appropriation is available until June 30, 1997.
Sec. 15. Laws 1995, First Special Session chapter 3,
article 5, section 20, subdivision 7, is amended to read:
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
$70,000 ..... 1997
This grant These grants must be placed in the district's
debt redemption fund. The department must reduce the new
district debt service levy levies by this amount these amounts.
Debt service equalization aid for fiscal year 1997 shall
not be reduced as a result of the grant.
Sec. 16. [APPROVAL FOR DEBT SERVICE EQUALIZATION AID:
ROYALTON.]
Notwithstanding Minnesota Statutes, section 124.95,
subdivision 2, debt service levy attributable to bonds
authorized at an election conducted in 1995 by independent
school district No. 485, Royalton, qualifies for debt service
equalization aid.
Sec. 17. [HEALTH AND SAFETY REVENUE; HIBBING.]
Notwithstanding Minnesota Statutes, section 124.83,
subdivision 6, independent school district No. 701, Hibbing,
that has a high school building on the National Historic
Register, may use health and safety revenue for the construction
of a stair tower with classroom space but only to the extent the
revenue is substituted for other expenditures required under
orders from the fire marshal.
Sec. 18. [LEVY AUTHORITY.]
Subdivision 1. [DELAVAN.] For property taxes payable in
1997 only, independent school district No. 218, Delavan, or its
successor district, may levy up to $97,000 on the property in
independent school district No. 218. This levy may be made only
if independent school district No. 218 has voted to consolidate
with independent school district No. 2148, Blue Earth. Revenue
received according to this subdivision must be used for capital
or maintenance purposes for facilities in independent school
district No. 218.
Subd. 2. [ELMORE.] For property taxes payable in 1997
only, independent school district No. 219, Elmore, or its
successor district, may levy up to $116,000 on the property in
independent school district No. 219. This levy may be made only
if independent school district No. 219 has voted to consolidate
with independent school district No. 2148, Blue Earth. Revenue
received according to this subdivision must be used for capital
or maintenance purposes for facilities in independent school
district No. 219.
Subd. 3. [BLUE EARTH.] For property taxes payable in 1997
only, independent school district No. 2148, Blue Earth, or its
successor district, may levy up to $58,000 on the property in
independent school district No. 2148. This levy may be made
only if independent school district No. 2148 has voted to
consolidate with independent school districts Nos. 218, Delavan,
and 219, Elmore. Revenue received according to this subdivision
must be used for capital or maintenance purposes for facilities
in independent school district No. 2148.
Subd. 4. [NO REFERENDUM LEVY.] Districts making a levy
according to this section may not make a levy according to
Minnesota Statutes, section 124A.03.
Sec. 19. [NORTH BRANCH LEASE LEVY.]
Notwithstanding the instructional purposes limitation of
Minnesota Statutes, section 124.91, subdivision 1, independent
school district No. 138, North Branch, may apply to the
commissioner of children, families, and learning 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 vacated for instructional purposes.
Sec. 20. [SCHOOL DISTRICTS; BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 316, Greenway-Coleraine, may issue bonds in an
aggregate principal amount not exceeding $500,000; and
independent school district No. 696, Ely, may issue bonds in an
aggregate amount not exceeding $1,000,000; and independent
school district No. 701, Hibbing, may issue bonds in an
aggregate principal amount not exceeding $2,200,000; and
independent school district No. 706, Virginia, may issue bonds
in an aggregate principal amount not exceeding $6,000,000; and
independent school district No. 2142, St. Louis county, may
issue bonds in an aggregate principal amount not exceeding
$3,000,000; and independent school district No. 2154,
Eveleth-Gilbert, may issue bonds in an aggregate principal
amount not exceeding $3,600,000; and independent school district
No. 2711, Mesabi East, may issue bonds in an aggregate principal
amount not exceeding $800,000 in addition to any bonds already
issued or authorized, to provide funds to design, construct,
equip, furnish, remodel, rehabilitate, and acquire land for
school facilities and buildings, or abate, remove, and dispose
of asbestos, polychlorinated biphenyls or petroleum as defined
in Minnesota Statutes, section 115C.02, and make repairs related
to the abatement, removal, or disposal of these substances.
They may spend the proceeds of the bond sale for those purposes
and any architect, engineer, and legal fees incidental to those
purposes or the sale. The bond shall be authorized, issued,
sold, executed, and delivered in the manner provided by
Minnesota Statutes, chapter 475, including submission of the
proposition to the electors under Minnesota Statutes, section
475.58. After authorization by the electors under Minnesota
Statutes, section 475.58, a resolution of the board levying
taxes for the payment of bonds and interest on them and pledging
the proceeds of the levies for the payment of the bonds and
interest on them shall be deemed to be in compliance with the
provisions of Minnesota Statutes, chapter 475, with respect to
the levying of taxes for their payment.
Subd. 2. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to section 298.28,
subdivisions 9 and 11, in equal shares, an amount sufficient to
pay when due 80 percent of the principal and interest on the
bonds issued pursuant to subdivision 1. If the annual
distribution to the northeast Minnesota economic protection
trust is insufficient to pay its share after fulfilling any
obligations of the trust under section 298.225 or 298.293, the
deficiency shall be appropriated from the taconite environmental
protection fund.
Subd. 3. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received pursuant to subdivision 2,
they shall be made good by general levies, not subject to limit,
on all taxable properties in the district in accordance with
Minnesota Statutes, section 475.64. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 4. [DISTRICT LEVY.] The school board shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 5. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 6. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd 7. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 2 shall terminate upon payment or
maturity of the last of those bonds.
Subd. 8. [BOND ISSUE REQUIREMENT.] No bonds may be issued
under this section after February 28, 1998, unless they are
issued under a contract in effect on or before February 28, 1998.
Subd. 9. [LOCAL APPROVAL.] This section is effective for
independent school district No. 316 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3; and for independent school district No. 696 the
day after its governing body complies with Minnesota Statutes,
section 645.021, subdivision 3; and for independent school
district No. 701 the day after its governing body complies with
Minnesota Statutes, section 645.021, subdivision 3; and for
independent school district No. 706 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3; and for independent school district No. 2142 the
day after its governing body complies with Minnesota Statutes,
section 645.021, subdivision 3; and for independent school
district No. 2154 the day after its governing body complies with
Minnesota Statutes, section 645.021, subdivision 3; and for
independent school district No. 2711 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 21. [COOK COUNTY SCHOOL DISTRICT BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 166, Cook county, may issue bonds in an aggregate
principal amount not exceeding $9,240,000.
Subd. 2. [USES; PROCESS.] The bonds authorized under
subdivision 1 may be issued in addition to any bonds already
issued or authorized. The proceeds of the bonds shall be used
to provide funds to design, construct, equip, furnish, remodel,
rehabilitate, and acquire land for school facilities and
buildings and to pay any architect, engineer and legal fees
incidental to those purposes or to the sale of bonds. Except as
permitted by this section, the bonds shall be authorized,
issued, sold, executed, and delivered in the manner provided by
Minnesota Statutes, chapter 475. A referendum on the question
of issuing the bonds authorized under subdivision 1 is
required. A resolution of the board levying taxes for the
payment of the bonds and interest on them shall be deemed to be
in compliance with the provisions of Minnesota Statutes, chapter
475 with respect to the levying of taxes for their payment.
Subd. 3. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to Minnesota
Statutes, section 298.28, subdivisions 9 and 11, in equal
shares, an amount sufficient to pay when due 70 percent of the
principal and interest on the bonds issued under subdivision 1.
If the annual distribution to the northeast Minnesota economic
protection trust is insufficient to pay its share after
fulfilling any obligations of the trust under Minnesota
Statutes, section 298.225 or 298.293, the deficiency shall be
appropriated from the taconite environmental protection fund.
Subd. 4. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received pursuant to subdivision 3,
they shall be satisfied by general levies, not subject to limit,
on all taxable properties in the district in accordance with
Minnesota Statutes, section 475.74. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 5. [DISTRICT LEVY.] The school board of the school
district authorized to issue bonds under subdivision 1 shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 30 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 6. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 7. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 8. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 3 shall terminate upon payment or
maturity of the last of the bonds issued under this section.
Subd. 9. [BOND ISSUE REQUIREMENT.] No bonds may be issued
under this section after February 28, 1998, unless they are
issued under a contract in effect on or before February 28, 1998.
Subd. 10. [LOCAL APPROVAL.] This section is effective for
independent school district No. 166 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 22. [GRAND RAPIDS SCHOOL DISTRICT BONDS.]
Subdivision 1. [AUTHORIZATION.] Independent school
district No. 318, Grand Rapids, may issue bonds in an aggregate
principal amount not exceeding $5,600,000, in addition to any
bonds already issued or authorized other than bonds authorized
in Laws 1992, chapter 499, article 5, section 29, but not issued
by February 15, 1996, to provide funds to design, construct,
equip, furnish, remodel, rehabilitate, and acquire land for
school facilities and buildings. The school district may not
issue any of the bonds authorized in this subdivision unless the
district expends at least $100,000 of the proceeds of the bonds
for capital improvements for the industrial technology program
at Big Fork. It may spend the proceeds of the bond sale for
those purposes and any architects', engineers', and legal fees
incidental to those purposes or the sale. Except as permitted
by this section, the bonds shall be authorized, issued, sold,
executed, and delivered in the manner provided by Minnesota
Statutes, chapter 475. A resolution of the board levying taxes
for the payment of the bonds and interest on them as authorized
by this section and pledging the proceeds of the levies for the
payment of the bonds and interest on them shall be deemed to be
in compliance with the provisions of Minnesota Statutes, chapter
475, with respect to the levying of taxes for their payment.
Subd. 2. [APPROPRIATION.] There is annually appropriated
from the distribution of taconite production tax revenues to the
taconite environmental protection fund pursuant to Minnesota
Statutes, section 298.28, subdivision 11, and to the northeast
Minnesota economic protection trust pursuant to Minnesota
Statutes, section 298.28, subdivisions 9 and 11, in equal
shares, an amount sufficient to pay when due 80 percent of the
principal and interest on the bonds issued pursuant to
subdivision 1. If the annual distribution to the northeast
Minnesota economic protection trust is insufficient to pay its
share after fulfilling any obligations of the trust under
Minnesota Statutes, section 298.225 or 298.293, the deficiency
shall be appropriated from the taconite environmental protection
fund.
Subd. 3. [DISTRICT OBLIGATIONS.] Bonds issued under
authority of this section shall be the general obligations of
the school district, for which its full faith and credit and
unlimited taxing powers shall be pledged. If there are any
deficiencies in the amount received pursuant to subdivision 2,
they shall be made good by general levies, not subject to limit,
on all taxable properties in the district in accordance with
Minnesota Statutes, section 475.64. If any deficiency levies
are necessary, the school board may effect a temporary loan or
loans on certificates of indebtedness issued in anticipation of
them to meet payments of principal or interest on the bonds due
or about to become due.
Subd. 4. [DISTRICT LEVY.] The school board shall by
resolution levy on all property in the school district subject
to the general ad valorem school tax levies, and not subject to
taxation under Minnesota Statutes, sections 298.23 to 298.28, a
direct annual ad valorem tax for each year of the term of the
bonds in amounts that, if collected in full, will produce the
amounts needed to meet when due 20 percent of the principal and
interest payments on the bonds. A copy of the resolution shall
be filed, and the necessary taxes shall be extended, assessed,
collected, and remitted in accordance with Minnesota Statutes,
section 475.61.
Subd. 5. [LEVY LIMITATIONS.] Taxes levied pursuant to this
section shall be disregarded in the calculation of any other tax
levies or limits on tax levies provided by other law.
Subd. 6. [BONDING LIMITATIONS.] Bonds may be issued under
authority of this section notwithstanding any limitations upon
the indebtedness of a district, and their amounts shall not be
included in computing the indebtedness of a district for any
purpose, including the issuance of subsequent bonds and the
incurring of subsequent indebtedness.
Subd. 7. [TERMINATION OF APPROPRIATION.] The appropriation
authorized in subdivision 2 terminates upon payment or maturity
of the last of those bonds.
Subd. 8. [BOND ISSUE REQUIREMENT.] No bonds may be issued
under this section after February 28, 1998, unless they are
issued under a contract in effect on or before February 28, 1998.
Subd. 9. [LOCAL APPROVAL.] This section is effective for
independent school district No. 318 the day after its governing
body complies with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 23. [COOK COUNTY CAPITAL FACILITIES BONDS.]
Notwithstanding Minnesota Statutes 1995 Supplement, section
124.2455, paragraph (d), bonds issued by independent school
district No. 166, Cook county, pursuant to Minnesota Statutes,
section 124.2455, must be paid off within 20 years of issuance.
All the other provisions and limitations of Minnesota Statutes
1995 Supplement, section 124.2455, paragraph (d) apply.
Sec. 24. [BONDS PAID FROM TACONITE PRODUCTION TAX
REVENUES.]
Subdivision 1. [REFUNDING BONDS.] The appropriation of
funds from the distribution of taconite production tax revenues
to the taconite environmental protection tax fund and the
northeast Minnesota economic protection fund made by Laws 1988,
chapter 718, article 7, sections 62 and 63, Laws 1989, chapter
329, article 5, section 20, Laws 1990, chapter 604, article 8,
section 13, Laws 1992, chapter 499, article 5, section 29, and
by sections 18 to 20, shall continue to apply to bonds issued
under Minnesota Statutes, chapter 475, to refund bonds
originally issued pursuant to those chapters.
Subd. 2. [LOCAL PAYMENTS.] School districts that are
required in Laws 1988, chapter 718, article 7, sections 62 and
63, Laws 1989, chapter 329, article 5, section 20, Laws 1990,
chapter 604, article 8, section 13, Laws 1992, chapter 499,
article 5, section 29, and by sections 18 to 20, to impose
levies to pay debt service on the bonds issued under those
provisions to the extent the principal and interest on the bonds
is not paid by distributions from the taconite environmental
protection fund and the northeast Minnesota economic protection
trust, may pay their portion of the principal and interest from
any funds available to them. To the extent a school district
uses funds other than the proceeds of a property tax levy to pay
its share of the principal and interest on the bonds, the
requirement to impose a property tax to pay the local share does
not apply to the school district.
Sec. 25. [TAXPAYER NOTIFICATION.]
Subdivision 1. [APPLICABILITY.] This section applies only
to newly authorized bonding authority granted under section
128D.11, subdivision 3, and applies only to such bonds issued
for calendar years 1997 to 2003.
Subd. 2. [NOTICE.] (a) A school board must prepare a
notice of the public meeting on the proposed sale of all or any
of the bonds and mail the notice to each postal patron residing
within the school district. The notice must be mailed at least
15 days but not more than 30 days before the meeting. Notice of
the meeting must also be posted in the administrative office of
the school district and must be published twice during the 14
days before the meeting in the official newspaper of the city in
which the school district is located.
(b) The notice must contain the following information:
(1) the proposed dollar amount of bonds to be issued;
(2) the dollar amount of the levy increase necessary to pay
the principal and interest on the newly authorized bonds;
(3) the estimated levy amount and net tax capacity rate
necessary to make the debt service payments on any existing
outstanding debt;
(4) the projected effects on individual property types; and
(5) the required levy and principal and interest on all
outstanding bonds in addition to the bonds proposed under clause
(1).
(c) To comply with paragraph (b), clause (4), the notice
must show the projected annual dollar increase and net tax
capacity rate increase for a representative range of residential
homestead, residential nonhomestead, apartments, and
commercial-industrial properties located within each state
senate district in the school district.
Subd. 3. [BOND AUTHORIZATION.] A school board may vote to
issue bonds for calendar years 1997 to 2003 only after complying
with the requirements of subdivision 2.
Sec. 26. [ELIGIBLE DEBT SERVICE REVENUE; DULUTH.]
Notwithstanding Minnesota Statutes, section 124.95,
subdivision 1, paragraph (a), the eligible debt service revenue
for independent school district No. 709, Duluth, shall not be
reduced below the amount of the alternative facilities levy
under Minnesota Statutes, section 124.239, subdivision 5,
paragraph (b), as a result of debt service excess attributable
to transfers from the health and safety account to the debt
redemption fund approved by the commissioner of children,
families, and learning in 1993.
Sec. 27. [SLEEPY EYE.]
In addition to other levies, for taxes payable in 1997
through 2001, independent school district No. 84, Sleepy Eye,
may levy a total cumulative amount of up to $66,000 for the
costs associated with converting its heating system from
district heat to a boiler system.
Sec. 28. [SPECIAL LEVY; KASSON-MANTORVILLE.]
Independent school district No. 204, Kasson-Mantorville,
may levy an amount not to exceed $210,000. This levy may be
spread over 15 years.
Sec. 29. [EFFECTIVE DATE.]
(a) Sections 6, 13, 14, 17, and 24 are effective the day
following final enactment.
(b) Sections 8, 12, and 16 are effective the day following
final enactment and apply to debt service aid payments for
fiscal year 1997, and thereafter.
(c) Sections 9 and 11 are effective retroactive to August
1, 1994.
(d) Sections 1, 7, 19, and 26 are effective for revenue for
fiscal year 1998 and thereafter.
ARTICLE 6
EDUCATION ORGANIZATION AND COOPERATION
Section 1. Minnesota Statutes 1994, section 123.35,
subdivision 19a, is amended to read:
Subd. 19a. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school district shall be required by any type
of formal or informal agreement except an agreement to provide
building space according to paragraph (f), including a joint
powers agreement, or membership in any cooperative unit defined
in subdivision 19b, paragraph (d), to participate in or provide
financial support for the purposes of the agreement for a time
period in excess of one fiscal year, or the time period set
forth in this subdivision. Any agreement, part of an agreement,
or other type of requirement to the contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred as a result of any agreement
before July 1, 1993. The school district is liable only until
the obligation or debt is discharged and only according to the
payment schedule in effect on July 1, 1993, except that the
payment schedule may be altered for the purpose of restructuring
debt or refunding bonds outstanding on July 1, 1993, if the
annual payments of the school district are not increased and if
the total obligation of the school district for its share of
outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities relating to the
agreement or to terminate participation in the agreement, the
school board shall adopt a resolution and notify other parties
to the agreement of its decision on or before February 1 of any
year. The cessation or withdrawal shall be effective June 30 of
the same year except that for a member of an education district
organized under sections 122.91 to 122.95 or an intermediate
district organized under chapter 136D, cessation or withdrawal
shall be effective June 30 of the following fiscal year. At the
option of the school board, cessation or withdrawal may be
effective June 30 of the following fiscal year for a district
participating in any type of agreement.
(d) Before issuing bonds or incurring other debt, the
governing body responsible for implementing the agreement shall
adopt a resolution proposing to issue bonds or incur other debt
and the proposed financial effect of the bonds or other debt
upon each participating district. The resolution shall be
adopted within a time sufficient to allow the school board to
adopt a resolution within the time permitted by this paragraph
and to comply with the statutory deadlines set forth in sections
122.895, 125.12, and 125.17. The governing body responsible for
implementing the agreement shall notify each participating
school board of the contents of the resolution. Within 120 days
of receiving the resolution of the governing body, the school
board of the participating district shall adopt a resolution
stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to terminate participation in the
agreement.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the governing body implementing the agreement. A
school board adopting a resolution according to clause (2) is
not liable for the bonded indebtedness or other debt, as
proposed by the governing body, related to the services or
activities in which the district ceases participating or
providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the governing body
implementing the agreement.
(e) After July 1, 1993, a district is liable according to
paragraph (d) for its share of bonded indebtedness or other debt
incurred by the governing body implementing the agreement to the
extent that the bonds or other debt are directly related to the
services or activities in which the district participates or for
which the district provides financial support. The district has
continued liability only until the obligation or debt is
discharged and only according to the payment schedule in effect
at the time the governing body implementing the agreement
provides notice to the school board, except that the payment
schedule may be altered for the purpose of refunding the
outstanding bonds or restructuring other debt if the annual
payments of the district are not increased and if the total
obligation of the district for the outstanding bonds or other
debt is not increased.
(f) A school district that is a member of a cooperative
unit as defined in subdivision 19b, paragraph (d), may obligate
itself to participate in and provide financial support for an
agreement with a cooperative unit to provide school building
space for a term not to exceed two years with an option on the
part of the district to renew for an additional two years.
Sec. 2. Minnesota Statutes 1994, section 123.3514,
subdivision 9, is amended to read:
Subd. 9. [EXCEPTION; INTERMEDIATE DISTRICTS.] A secondary
pupil who is a resident of a member district of an intermediate
district, as defined in section 136C.02, subdivision 7 136D.01,
may not enroll in that intermediate district's vocational
program as a post-secondary pupil under this section when the
intermediate district operates a secondary program at a college
facility and secondary students have access to the
post-secondary curriculum and receive high school and college
credit for successfully completing the program.
Sec. 3. Laws 1995, First Special Session chapter 3,
article 6, section 17, subdivision 2, is amended to read:
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 four 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.
Sec. 4. Laws 1995, First Special Session chapter 3,
article 6, section 17, subdivision 4, is amended to read:
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 children, families, and learning
shall assign a single identification number to apply to the
districts subject to the agreement. Aid entitlements and levy
limitations shall be the sum of the amounts computed separately
for each of the districts participating in the enhanced pairing
agreement. Levies shall be made jointly except for levies under
Minnesota Statutes, sections 124A.03 and 124.97 by the single
board and shall be spread on all taxable property in the
districts participating in the enhanced pairing agreement.
Districts subject to the agreement shall be considered a single
independent school district for purposes of fees or dues
assessments.
(b) Notwithstanding paragraph (a), the single board may
spread a levy under Minnesota Statutes, section 124A.03,
approved before January 1, 1996, and levies under sections
124.2714, 124.83, 124.84, and 124.97, on the property which is
taxable in each school district participating in the enhanced
pairing agreement according to the separate levy limitations
computed for each district. The single board shall certify to
the county auditor and the department of children, families, and
learning the amount of the levy to be spread on the taxable
property in each district according to this paragraph.
(c) 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.
Sec. 5. Laws 1995, First Special Session chapter 3,
article 6, section 17, is amended by adding a subdivision to
read:
Subd. 4a. [REFERENDUM REVENUE.] (a) The single board shall
submit the question of authorizing referendum revenue under
Minnesota Statutes, section 124A.03, to the voters of the
districts subject to the agreement. A majority of those voting
in the affirmative on the question is sufficient to authorize
the referendum revenue. The single board must certify the vote
of the election.
(b) As of the effective date of the dissolution of the
enhanced pairing agreement, the authorization for all referendum
revenues under Minnesota Statutes, section 124A.03, previously
approved by the voters of the districts subject to the agreement
is canceled.
Sec. 6. Laws 1995, First Special Session chapter 3,
article 6, section 17, is amended by adding a subdivision to
read:
Subd. 4b. [REFERENDUM; DEBT.] The single board shall
submit the question of authorizing bonded debt to the voters of
the districts subject to the agreement. The question submitted
shall state the total amount of funding needed from all
sources. A majority of those voting in the affirmative on the
question is sufficient to authorize the bonded debt. The single
board must certify the vote of the election and authorize the
school boards to issue the bonds on public sale in accordance
with Minnesota Statutes, chapter 475.
Sec. 7. Laws 1995, First Special Session chapter 3,
article 6, section 17, is amended by adding a subdivision to
read:
Subd. 4c. [DATA REPORTING.] (a) For purposes of computing
aid entitlements and levy limitations for the school districts
participating in the enhanced pairing agreement, the
commissioner must allocate combined financial data among the
participating school districts based on the number of actual
pupil units in each school district in the year for which
financial data are allocated.
(b) Notwithstanding paragraph (a), if requested by the
single board, the commissioner may allocate financial data among
participating school districts based on estimates of actual
expenditures for projects or services by school district.
Sec. 8. [SCHOOL BOARD ELECTION.]
Subdivision 1. [SPECIFYING AN ELECTION PROCESS.]
Notwithstanding any language to the contrary in Minnesota
Statutes, chapter 205A, or other statutory language to the
contrary governing school district consolidation and board
formation, the election of school board members for a newly
consolidated district comprised of independent school district
No. 437, Argyle, and independent school district No. 443,
Stephen, shall be described in this section.
Subd. 2. [1997 GENERAL ELECTION.] At the 1997 general
election, the terms of four members of the transition board
shall expire and two school board members shall be elected to
four-year terms. One member shall be elected from the area of
the former independent school district No. 437, Argyle, and one
shall be elected from the area of the former independent school
district No. 443, Stephen.
Subd. 3. [1999 GENERAL ELECTION.] At the 1999 general
election, the terms of six members of the transition board shall
expire and three school board members shall be elected to
four-year terms. One member shall be elected from the former
independent school district No. 437, Argyle, and one shall be
elected from the area of the former independent school district
No. 443, Stephen. One member shall be elected at large for a
four-year term from the newly created district.
Subd. 4. [2001 GENERAL ELECTION.] At the 2001 general
election, the terms of the two school board members elected in
1997 to four-year terms shall expire and two school board
members shall be elected. One member shall be elected from the
area of the former independent school district No. 437, Argyle,
and one shall be elected from the area of the former independent
school district No. 443, Stephen. Also at the 2001 general
election, the terms of the two school board members elected in
1996 to five-year terms shall expire and one school board member
shall be elected at large to a four-year term from the newly
created district.
Subd. 5. [2003 GENERAL ELECTION AND THEREAFTER.] At the
2003 general election and thereafter, all school board members
whose terms expire shall be elected at large to four-year terms
from the newly created district.
Subd. 6. [BOARD SEATS; APPLICABLE PROVISIONS.] (a) The
transitional board shall determine which board seats expire at
each election.
(b) At the end of the transition period, the statutory
provisions governing board formation and election and Minnesota
Statutes, chapter 205A, shall apply.
Sec. 9. [LEVY CALCULATION.]
Levy calculations under section 4 are effective for taxes
payable in 1996 and later. The commissioner of the department
of children, families, and learning shall adjust levy
calculations as necessary to be consistent with section 2.
Sec. 10. [APPROPRIATION.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sum indicated in this section is appropriated
from the general fund to the department of children, families,
and learning for the fiscal year designated.
Subd. 2. [CROW RIVER AND MEEKER AND WRIGHT SPECIAL
EDUCATION COOPERATIVES.] For a grant to special education
cooperatives No. 52-937, Crow River and No. 52-938, Meeker and
Wright, for handicapped accessibility improvements to conform to
the Americans with Disabilities Act and for code compliance in
school building space for the students served by the
cooperatives.
$ 100,000 ..... 1997
Sec. 11. [EFFECTIVE DATE.]
Section 9 is effective the day following final enactment.
ARTICLE 7
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 1995 Supplement, section
121.11, subdivision 7c, is amended to read:
Subd. 7c. [RESULTS-ORIENTED GRADUATION RULE.] (a) The
legislature is committed to establishing a rigorous,
results-oriented graduation rule for Minnesota's public school
students. To that end, the state board shall use its rulemaking
authority under subdivision 7b to adopt a statewide,
results-oriented graduation rule to be implemented starting with
students beginning 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. To successfully accomplish paragraph (a), the state
board shall set in rule high academic standards for all
students. The standards must contain the foundational skills in
the three core curricular areas of reading, writing, and
mathematics while meeting requirements for high school
graduation. The standards must also provide an opportunity for
students to excel by meeting higher academic standards through a
profile of learning that uses curricular requirements to allow
students to expand their knowledge and skills beyond the
foundational skills. All state board actions regarding the rule
must be premised on the following:
(1) the rule is intended to raise academic expectations for
students, teachers, and schools;
(2) any state action regarding the rule must evidence
consideration of school district autonomy; and
(3) the department of children, families, and learning,
with the assistance of school districts, must make available
information about all state initiatives related to the rule to
students and parents, teachers, and the general public in a
timely format that is appropriate, comprehensive, and readily
understandable.
(c) For purposes of adopting the rule, the state board, in
consultation with the department, recognized psychometric
experts in assessment, and other interested and knowledgeable
educators, using the most current version of professional
standards for educational testing, shall evaluate the
alternative approaches to assessment.
(c) (d) The content of the graduation rule must
differentiate between minimum competencies reflected in the
basic requirements assessment and rigorous profile of learning
standards. When fully implemented, the requirements for high
school graduation in Minnesota, including must include both
basic requirements and the required profile of learning,. The
profile of learning must measure student performance using
performance-based assessments compiled over time that integrate
higher academic standards, higher order thinking skills, and
application of knowledge from a variety of content areas. The
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) (e) 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) (f) The state board shall report in writing to the
legislature annually by January 15 on its progress in developing
and implementing the graduation requirements according to the
requirements of this subdivision and section 123.97 until such
time as all the graduation requirements are implemented.
Sec. 2. [121.1115] [SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.]
Subdivision 1. [EDUCATIONAL ACCOUNTABILITY AND PUBLIC
REPORTING.] Consistent with the state board of education process
to adopt a results-oriented graduation rule under section
121.11, subdivision 7c, the state board of education and the
department of children, families, and learning, in consultation
with education and other system stakeholders, shall establish a
coordinated and comprehensive system of educational
accountability and public reporting that promotes higher
academic achievement.
Subd. 2. [STATISTICAL ADJUSTMENTS.] In developing policies
and assessment processes to hold schools and school districts
accountable for high levels of academic standards, including the
profile of learning, the commissioner shall aggregate student
data over time to report student performance levels measured at
the school district, regional, or statewide level. When
collecting and reporting the data, the commissioner shall: (1)
acknowledge the impact of significant demographic factors such
as residential instability, the number of single parent
families, parents' level of education, and parents' income level
on school outcomes; and (2) organize and report the data so that
state and local policymakers can understand the educational
implications of changes in districts' demographic profiles over
time. Any report the commissioner disseminates containing
summary data on student performance must integrate student
performance and the demographic factors that strongly correlate
with that performance.
Sec. 3. [123.97] [FINDINGS; IMPROVING INSTRUCTION AND
CURRICULUM.]
The legislature finds that a process is needed to enable
school boards and communities to decide matters related to
planning, providing, and improving education instruction and
curriculum in the context of the state's high school graduation
standards. The process should help districts evaluate the
impact of instruction and curriculum on students' abilities to
meet graduation standards, use evaluation results to improve
instruction and curriculum, and determine services that
districts and other public education entities can provide
collaboratively with institutions including families and private
or public organizations and agencies. The legislature
anticipates that a highly focused public education strategy will
be an integral part of each district's review and improvement of
instruction and curriculum.
Sec. 4. [123.972] [SCHOOL DISTRICT PROCESS.]
Subdivision 1. [DEFINITIONS.] For the purposes of sections
123.97 and 123.972, the following terms have the meanings given
them.
(a) "Instruction" means methods of providing learning
experiences that enables a student to meet graduation standards.
(b) "Curriculum" means written plans for providing students
with learning experiences that lead to knowledge, skills, and
positive attitudes.
Subd. 2. [ADOPTING POLICIES.] (a) A school board shall
adopt annually a written policy that includes the following:
(1) district goals for instruction and curriculum;
(2) a process for evaluating each student's progress toward
meeting graduation standards and identifying the strengths and
weaknesses of instruction and curriculum affecting students'
progress;
(3) a system for periodically reviewing all instruction and
curriculum;
(4) a plan for improving instruction and curriculum; and
(5) an instruction plan that includes education
effectiveness processes developed under section 121.608 and
integrates instruction, curriculum, and technology.
Subd. 3. [INSTRUCTION AND CURRICULUM ADVISORY
COMMITTEE.] Each school board shall establish an instruction and
curriculum advisory committee to ensure active community
participation in all phases of planning and improving the
instruction and curriculum affecting state graduation
standards. A district advisory committee, to the extent
possible, shall reflect the diversity of the district and its
learning sites, and shall include teachers, parents, support
staff, pupils, and other community residents. The district may
establish building teams as subcommittees of the district
advisory committee under subdivision 4. The district advisory
committee shall recommend to the school board districtwide
education standards, assessments, and program evaluations.
Learning sites may expand upon district evaluations of
instruction, curriculum, assessments, or programs. Whenever
possible, parents and other community residents shall comprise
at least two-thirds of advisory committee members.
Subd. 4. [BUILDING TEAM.] A school may establish a
building team to develop and implement an education
effectiveness plan to improve instruction and curriculum. The
team shall advise the board and the advisory committee about
developing an instruction and curriculum improvement plan that
aligns curriculum, assessment of student progress in meeting
state graduation standards, and instruction.
Subd. 5. [REPORT.] (a) By October 1 of each year, the
school board shall use standard statewide reporting procedures
the commissioner develops and adopt a report that includes the
following:
(1) student performance goals for meeting state graduation
standards adopted for that year;
(2) results of local assessment data, and any additional
test data;
(3) the annual school district improvement plans; and
(4) information about district and learning site progress
in realizing previously adopted improvement plans.
(b) The school board shall publish the report in the local
newspaper with the largest circulation in the district or by
mail. The board shall make a copy of the report available to
the public for inspection. The board shall send a copy of the
report to the commissioner of children, families, and learning
by October 15 of each year.
(c) The title of the report shall contain the name and
number of the school district and read "Annual Report on
Curriculum, Instruction, and Student Performance." The report
must include at least the following information about advisory
committee membership:
(1) the name of each committee member and the date when
that member's term expires;
(2) the method and criteria the school board uses to select
committee members; and
(3) the date by which a community resident must apply to
next serve on the committee.
Subd. 6. [STUDENT EVALUATION.] The school board annually
shall provide high school graduates or GED recipients who
receive a diploma or its equivalent from the school district
with an opportunity to report to the board on the following:
(1) the quality of district instruction, curriculum, and
services;
(2) the quality of district delivery of instruction,
curriculum, and services;
(3) the utility of district facilities; and
(4) the effectiveness of district administration.
Subd. 7. [PERIODIC REPORT.] Each school district shall
periodically ask affected constituencies about their level of
satisfaction with school. The district shall include the
results of this evaluation in the report required under
subdivision 5.
Subd. 8. [BIENNIAL EVALUATION; ASSESSMENT PROGRAM.] At
least once every two years, the district report shall include an
evaluation of the district testing programs, according to the
following:
(1) written objectives of the assessment program;
(2) names of tests and grade levels tested;
(3) use of test results; and
(4) implementation of an assurance of mastery program.
Sec. 5. Minnesota Statutes 1995 Supplement, section
124.248, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] General
education revenue shall be paid to 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 minus $170, calculated without compensatory
revenue, transportation sparsity revenue, and the transportation
portion of the transition revenue adjustment, plus compensatory
revenue as though the school were a school district.
Sec. 6. Minnesota Statutes 1995 Supplement, section
124.248, subdivision 1a, is amended to read:
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 according to this subdivision.
Transportation aid shall equal transportation revenue.
(a) For the first two years that In addition to the revenue
under subdivision 1, 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 shall
receive general education aid for each pupil unit equal to the
sum of $170, plus the transportation sparsity allowance for the
school district in which the charter school is located, plus the
transportation transition allowance 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 special
programs 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 children with
disabilities under section 124.223, subdivisions 4, 5, 7, and 8.
For the third year of transportation services and later fiscal
years, the nonregular special programs transportation revenue
shall be computed according to section 124.225, subdivision 7d,
paragraph (b) 14.
Sec. 7. Minnesota Statutes 1995 Supplement, section
124.248, subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE EQUIPMENT USE OF TOTAL
OPERATING CAPITAL REVENUE.] Capital expenditure equipment aid
shall be paid to 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
124A.22, subdivision 4 11, a charter school may use the total
operating capital revenue for any purpose related to the school.
Sec. 8. Minnesota Statutes 1995 Supplement, section
124.248, subdivision 3, is amended to read:
Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH
PROFICIENCY AID.] Special education aid shall be paid to a
charter school according to section 124.32 sections 124.3201 and
124.3202, 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 charter school shall allocate its special
education levy equalization revenue to the resident districts of
the pupils attending the charter school as though it were a
cooperative, as provided in section 124.321, subdivision 2,
paragraph (a), 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.
Sec. 9. Minnesota Statutes 1994, section 124.311,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE DISTRICTS.] To be eligible to receive
assurance of mastery revenue, a district must have a policy
adopted according to section 126.67, subdivision 3a, that
identifies the direct instructional services to be used to
assure that individual pupils master the learner outcomes in
communications and mathematics local process to review
curriculum and instruction.
Sec. 10. Minnesota Statutes 1994, section 124.311,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PUPILS.] A pupil is eligible to receive
services provided with assurance of mastery revenue if the pupil
has not demonstrated mastery of progress toward mastering
learner outcomes in communications or mathematics, or both the
required graduation standards, after receiving instruction that
was designed to enable the pupil to master make progress toward
mastering the learner outcomes required graduation standards in
a regular classroom setting. To determine pupil eligibility, a
district must use the learner outcomes and the evaluation a
process, adopted by the school board under section 126.666,
subdivision 1, paragraph (a), clauses (2) and (3) to review
curriculum and instruction, for the subjects and at the grade
level at which the district uses the revenue.
Sec. 11. Minnesota Statutes 1994, section 124.311,
subdivision 7, is amended to read:
Subd. 7. [DISTRICT REPORT.] A district that receives
assurance of mastery revenue shall include the following in the
a report required by section 126.666, subdivision 4:
(a) (1) a summary of initial assessment results used to
determine pupil eligibility to receive instructional services
must be included. The summary must include:
(1) a description of the assessment device used;
(2) the number of pupils who were assessed; and
(3) the number of pupils who were determined to be eligible
to receive services.;
(b) (2) a description of the services provided to eligible
pupils must be included.; and
(c) (3) a summary of assessment results for eligible pupils
obtained after providing the services must be included.
Sec. 12. Minnesota Statutes 1994, section 126.83, is
amended to read:
126.83 [SECONDARY CREDIT FOR EIGHTH GRADE STUDENTS.]
A student in eighth grade who satisfactorily completes at
least 120 hours of instruction in a high school course is
eligible to shall receive secondary course credit and the credit
shall count toward the student's graduation requirements. This
section expires August 1, 1996.
Sec. 13. Laws 1995, First Special Session chapter 3,
article 7, section 5, subdivision 4, is amended to read:
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 or more rural school
districts selected by the commissioner of education children,
families, and learning.
This appropriation is available until June 30, 1997.
Sec. 14. [EFFECTIVE DATE.]
Section 13 is effective the day following final enactment.
ARTICLE 8
OTHER EDUCATION PROGRAMS AND FINANCING
Section 1. Minnesota Statutes 1994, section 123.932,
subdivision 1b, is amended to read:
Subd. 1b. "Textbook" means any book or book substitute
which a pupil uses as a text or text substitute in a particular
class or program in the school regularly attended and a copy of
which is expected to be available for the individual use of each
pupil in this class or program, which book or book substitute or
text or text substitute shall be limited to books, workbooks, or
manuals, whether bound or in loose-leaf form, intended for use
as a principal source of study material for a given class or a
group of students. The term includes only such secular, neutral
and nonideological textbooks as are available and are, used by,
or of benefit to Minnesota public school pupils.
Sec. 2. Minnesota Statutes 1994, section 123.932,
subdivision 1c, is amended to read:
Subd. 1c. "Standardized tests" means standardized tests
and scoring services which are provided by commercial publishing
organizations or the state and which are in use in the public
schools of Minnesota to measure the progress of pupils in
secular subjects.
Sec. 3. Minnesota Statutes 1994, section 123.932,
subdivision 1e, is amended to read:
Subd. 1e. "Individualized instructional or cooperative
learning materials" means educational materials which:
(a) are designed primarily for individual pupil use or use
by pupils in a cooperative learning group in a particular class
or program in the school the pupil regularly attends;
(b) are secular, neutral, nonideological and not capable of
diversion for religious use; and
(c) are available and are, used by, or of benefit to
Minnesota public school pupils.
Subject to the requirements in clauses (a), (b), and (c),
"individualized instructional or cooperative learning materials"
include, but are not limited to, the following if they do not
fall within the definition of "textbook" in subdivision 1b:
published materials; periodicals; documents; pamphlets;
photographs; reproductions; pictorial or graphic works; film
strips; prepared slides; prerecorded video programs; prerecorded
tapes, cassettes and other sound recordings; manipulative
materials; desk charts; games; study prints and pictures; desk
maps; models; learning kits; blocks or cubes; flash cards;
individualized multimedia systems; prepared instructional
computer software programs; and prerecorded film cartridges
choral and band sheet music; and CD Rom.
"Individualized instructional or cooperative learning
materials" do not include the following: chemicals; wall maps;
wall charts; pencils, pens or crayons; notebooks; blackboards;
chalk and erasers; duplicating fluids; paper; 16 mm films;
unexposed films; blank tapes, cassettes or videotape; and
instructional equipment, instructional hardware, or ordinary
daily consumable classroom supplies.
Sec. 4. Minnesota Statutes 1994, section 123.932,
subdivision 11, is amended to read:
Subd. 11. "Health services" means physician, dental,
nursing or optometric services provided to pupils and health
supplies brought to the site by the health professional for
pupil usage in the field of physical or mental health; provided
the term does not include direct educational instruction,
services which are required pursuant to sections 120.17 and
120.1701, or services which are eligible to receive special
education aid pursuant to section 124.32.
Sec. 5. Minnesota Statutes 1994, section 123.933, as
amended by Laws 1995, First Special Session chapter 3, article
16, section 13, is amended to read:
123.933 [TEXTBOOKS, INDIVIDUAL INSTRUCTION OR COOPERATIVE
LEARNING MATERIAL, STANDARD TESTS.]
Subdivision 1. [PROVISION.] The state board of education
shall promulgate rules under the provisions of chapter 14
requiring that in each school year, based upon formal requests
by or on behalf of nonpublic school pupils in a nonpublic
school, the local districts or intermediary service areas shall
purchase or otherwise acquire textbooks, individualized
instructional or cooperative learning materials, and
standardized tests and loan or provide them for use by children
enrolled in that nonpublic school. These textbooks,
individualized instructional or cooperative learning materials,
and standardized tests shall be loaned or provided free to the
children for the school year for which requested. The loan or
provision of the textbooks, individualized instructional or
cooperative learning materials, and standardized tests shall be
subject to rules prescribed by the state board of education.
Subd. 2. [TITLE.] The title to textbooks, individualized
instructional or cooperative learning materials, and
standardized testing materials shall remain in the servicing
school district or intermediary service area, and possession or
custody may be granted or charged to administrators of the
nonpublic school attended by the nonpublic school pupil or
pupils to whom the textbooks, individualized instructional or
cooperative learning materials, or standardized tests are loaned
or provided.
Subd. 3. [COST OF TEXTBOOKS; LIMITATION.] (a) The cost per
pupil of the textbooks, individualized instructional or
cooperative learning materials, and standardized tests provided
for in this section for each school year shall not exceed the
statewide average expenditure per pupil, adjusted pursuant to
clause (b), by the Minnesota public elementary and secondary
schools for textbooks, individualized instructional materials
and standardized tests as computed and established by the
department of children, families, and learning by March 1 of the
preceding school year from the most recent public school year
data then available.
(b) The cost computed in clause (a) shall be increased by
an inflation adjustment equal to the percent of increase in the
formula allowance, pursuant to section 124A.22, subdivision 2,
from the second preceding school year to the current school year.
(c) The commissioner shall allot to the school districts or
intermediary service areas the total cost for each school year
of providing or loaning the textbooks, individualized
instructional or cooperative learning materials, and
standardized tests for the pupils in each nonpublic school. The
allotment shall not exceed the product of the statewide average
expenditure per pupil, according to clause (a), adjusted
pursuant to clause (b), multiplied by the number of nonpublic
school pupils who make requests pursuant to this section and who
are enrolled as of September 15 of the current school year.
Sec. 6. Minnesota Statutes 1994, section 123.935,
subdivision 2, is amended to read:
Subd. 2. Health services may be provided to nonpublic
school pupils pursuant to this section at a public school, a
neutral site, the nonpublic school or any other suitable
location. Guidance and counseling services may be provided to
nonpublic school pupils pursuant to this section only at a
public school or a neutral site. District or intermediary
service area personnel and representatives of the nonpublic
school pupils receiving pupil support services shall hold an
annual consultation regarding the type of services, provider of
services, and the location of the provision of these services.
The district board or intermediary service area governing board
shall make the final decision on the location of the provision
of these services.
Sec. 7. Minnesota Statutes 1994, section 123.935,
subdivision 7, is amended to read:
Subd. 7. [NONPUBLIC EDUCATION COUNCIL.] (a) The
commissioner shall appoint a 15-member council on nonpublic
education. The 15 members shall represent various areas of the
state, represent various methods of providing nonpublic
education, and shall be knowledgeable about nonpublic
education. The compensation, removal of members, filling of
vacancies, and terms are governed by section 15.0575. The
council shall not expire. The council shall advise the
commissioner and the state board on issues affecting
nonpublic school matters under this section education and
nonpublic schools. The council may recognize educational
accrediting agencies, for the sole purpose of sections 120.101,
120.102, and 120.103. When requested by the commissioner or the
state board, the council may submit its advice about other
nonpublic school matters.
(b) A parent or guardian of a nonpublic school pupil or a
nonpublic school may file a complaint about services provided
under sections 123.931 to 123.937 with the nonpublic education
council. The council may review the complaint and make a
recommendation for resolution to the commissioner.
Sec. 8. Minnesota Statutes 1994, section 124.916,
subdivision 4, is amended to read:
Subd. 4. [MINNEAPOLIS HEALTH INSURANCE SUBSIDY.] Each year
special school district No. 1, Minneapolis, may make an
additional levy not to exceed the amount raised by a net tax
rate of .10 percent times the adjusted net tax capacity for
taxes payable in 1991 and thereafter of the property in the
district for the preceding year. The proceeds may be used only
to subsidize health insurance costs for eligible teachers as
provided in this section.
"Eligible teacher" means a retired teacher who was a basic
member of the Minneapolis teachers retirement fund association,
who retired before May 1, 1974, or who had 20 or more years of
basic member service in the Minneapolis teacher retirement fund
association and retired before June 30, 1983, and who is not
eligible to receive the hospital insurance benefits of the
federal Medicare program of the Social Security Act without
payment of a monthly premium. The district shall notify
eligible teachers that a subsidy is available. To obtain a
subsidy, an eligible teacher must submit to the school district
a copy of receipts for health insurance premiums paid. The
school district shall disburse the health insurance premium
subsidy to each eligible teacher according to a schedule
determined by the district, but at least annually. An eligible
teacher may receive a subsidy up to an amount equal to the
lesser of 90 percent of the cost of the eligible teacher's
health insurance or up to 90 percent of the cost of the number
two qualified plan of health coverage for individual policies
made available by the Minnesota comprehensive health association
under chapter 62E.
If funds remaining from the previous year's health
insurance subsidy levy, minus the previous year's required
subsidy amount, are sufficient to pay the estimated current year
subsidy, the levy must be discontinued until the remaining funds
are estimated by the school board to be insufficient to pay the
subsidy.
This subdivision does not extend benefits to teachers who
retire after June 30, 1983, and does not create a contractual
right or claim for altering the benefits in this subdivision.
This subdivision does not restrict the school district's right
to modify or terminate coverage under this subdivision.
Sec. 9. [124C.77] [ENDOWED CHAIR.]
Subdivision 1. [PURPOSE.] The purpose of the endowed chair
program is to increase curriculum offerings and learning
experiences available to students.
Subd. 2. [ELIGIBILITY.] A school site, represented by the
school site council or, if no site council exists, the principal
or lead teacher, and the party interested in endowing a chair
may enter into an agreement for an endowed chair for no longer
than one year in length. The party endowing the chair and the
school site may, at their discretion, renew annually.
Subd. 3. [PROGRAM.] An endowed chair program may be for a
semester, a summer session, or a full school year. Curriculum
developed or provided under the endowed chair program must
supplement the existing curriculum offerings available at the
school in the particular subject chosen.
Subd. 4. [AGREEMENT.] The agreement must make available
funds sufficient for the salary and benefit costs of the
instructor, and necessary supplies for the course. The
participating site must provide the classroom space and
administer the program. The parties, in consultation with the
school district and the exclusive representative of the
teachers, jointly select the instructor for the endowed chair.
Sec. 10. Laws 1995, First Special Session chapter 3,
article 8, section 25, subdivision 2, is amended to read:
Subd. 2. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 124.214:
$24,241,000 $22,251,600 ..... 1996
$ 7,905,000 $ 9,543,400 ..... 1997
The 1996 appropriation includes $1,135,000 for 1995 and
$23,106,000 $21,116,600 for 1996.
The 1997 appropriation includes $4,077,000 $3,726,400 for
1996 and $3,828,000 $5,817,000 for 1997.
Sec. 11. Laws 1995, First Special Session chapter 3,
article 8, section 27, is amended to read:
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 31, 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.
Sec. 12. [SCIMATHMN INTERCHANGE EMPLOYEES.]
Notwithstanding Minnesota Statutes, section 15.53,
subdivision 2, SciMathMN may contract with a school district for
a period not to exceed three consecutive years for the services
of a math specialist and a science specialist to work on
curriculum frameworks.
Sec. 13. [SPECIAL LEVY; HENNING.]
For taxes payable in 1997, in addition to other levies,
independent school district No. 545, Henning, may levy for up to
$20,000 for the unreimbursed cost of an adult farm management
program.
Sec. 14. [FUND TRANSFERS.]
Subdivision 1. [AITKIN.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, and 475.61, subdivision 4,
on June 30, 1996, independent school district No. 0001, Aitkin,
may permanently transfer the balance in its debt redemption fund
to its building construction fund without making a levy
reduction.
Subd. 2. [CHISAGO LAKES.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, and 475.61, subdivision 4,
on June 30, 1996, independent school district No. 2144, Chisago
Lakes, may permanently transfer up to $250,000 from the debt
redemption fund to the capital expenditure fund for facility and
technology improvements.
Subd. 3. [ADA-BORUP.] Notwithstanding Minnesota Statutes,
sections 121.912, 121.9121, and 475.61, subdivision 4, on June
30, 1996, the Ada-Borup school district may permanently transfer
the balance in its debt redemption fund to its building
construction fund without making a levy reduction.
Subd. 4. [NEVIS.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1996, independent
school district No. 308, Nevis, may permanently transfer up to
$100,000 from the bus purchase account in its transportation
fund to its capital expenditure fund without making a levy
reduction.
Subd. 5. [WHITE BEAR LAKE.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, and 123.36, subdivision
13, independent school district No. 624, White Bear Lake, may
deposit the proceeds from a sale of properties known as the
Beach school site or the Gall district center site into the
building construction fund of the district without making a levy
reduction.
Subd. 6. [LYLE.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, on June 30, 1996, independent
school district No. 497, Lyle, may permanently transfer the
balance in its early childhood family education account to its
capital expenditure fund for expanding the district's technology
services.
Sec. 15. [INSTRUCTIONAL DAY CLARIFICATION.]
(a) This section applies to any school district employee
who was scheduled to work on February 2, 1996, did not work on
that day and did not receive compensation for that day.
(b) Notwithstanding any law to the contrary, a school
district must either: (i) allow any school district employee
under paragraph (a) the opportunity to work on another day that
the school district designates and must compensate the employee
working on the designated day at the employee's normal rate of
pay; or (ii) compensate any school district employee under
paragraph (a) for that day at the employee's normal rate of pay.
Sec. 16. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sum indicated in this section is appropriated
from the general fund to the commissioner of children, families,
and learning for the fiscal year designated.
Subd. 2. [MONTEVIDEO GRANT.] For a grant to independent
school district No. 129, Montevideo, for the unreimbursed costs
of an adult farm management program:
$100,000 ..... 1996
Subd. 3. [MULTICULTURAL CONTINUING EDUCATION GRANT.] For a
grant to independent school district No. 38, Red Lake, for
continuation of a multicultural continuing education pilot
project for teachers:
$69,000 ..... 1996
The district must match this sum with staff development
revenue under Minnesota Statutes, section 124A.29. This
appropriation is available until June 30, 1997.
Subd. 4. [NETT LAKE COMMUNITY CENTER.] For a grant to
independent school district No. 707, Nett Lake, for maintenance
replacement funds to cover delayed lease payments for the
collaborative community center.
$74,000 ..... 1997
Subd. 5. [WEST ST. PAUL GRANT.] For a grant to independent
school district No. 197, West St. Paul, for a project
investigating the development of multiple pathways for students
to meet graduation standards.
$20,000 ..... 1997
Subd. 6. [ST. PAUL ACCOUNTABILITY.] For a grant to
independent school district No. 625, St. Paul, to assist in the
implementation of the district accountability plan.
$100,000 ..... 1997
The district must evaluate student achievement data by
building and measure the results annually. The district must
also establish criteria and modifications that may be used if
buildings are not meeting the goals of the student improvement
plan developed by the buildings.
Sec. 17. [EFFECTIVE DATE.]
Sections 9 and 12 are effective July 1, 1996. Sections 10,
14, 15, and 16 are effective the day following final enactment.
ARTICLE 9
EDUCATION POLICY PROVISIONS
Section 1. Minnesota Statutes 1995 Supplement, section
115A.072, subdivision 1, is amended to read:
Subdivision 1. [WASTE ENVIRONMENTAL EDUCATION COALITION
ADVISORY BOARD.] (a) The director shall provide for the
development and implementation of a program of general
public environmental education on waste management in
cooperation and coordination with the pollution control agency,
department of children, families, and learning, department of
agriculture, environmental quality board, environmental
education board, educational institutions, other public agencies
with responsibility for waste management or public education,
and three other persons who represent private industry and who
have knowledge of or expertise in recycling and solid waste
management issues. The objectives of the program are to:
develop increased public awareness of and interest in
environmentally sound waste management methods; encourage better
informed decisions on waste management issues by business,
industry, local governments, and the public; and disseminate
practical information about ways in which households and other
institutions and organizations can improve the management of
waste programs that are designed to meet the goals listed in
section 126A.01.
(b) The director shall appoint an environmental education
advisory task force, to be called the waste education coalition,
of up to 18 members to board shall advise the director in
carrying out the director's responsibilities under this
section and whose membership represents the agencies and
entities listed in this subdivision. The board consists of 20
members as follows:
(1) a representative of the pollution control agency,
appointed by the commissioner of the agency;
(2) a representative of the department of children,
families, and learning, appointed by the commissioner of
children, families, and learning;
(3) a representative of the department of agriculture,
appointed by the commissioner of agriculture;
(4) a representative of the department of health, appointed
by the commissioner of health;
(5) a representative of the department of natural
resources, appointed by the commissioner of natural resources;
(6) a representative of the board of water and soil
resources, appointed by that board;
(7) a representative of the environmental quality board,
appointed by that board;
(8) a representative of the board of teaching, appointed by
that board;
(9) a representative of the University of Minnesota
extension service, appointed by the director of the service;
(10) a citizen member from each congressional district, of
which two must be licensed teachers currently teaching in the
K-12 system, appointed by the director; and
(11) three at-large citizen members, appointed by the
director.
The citizen members shall serve two-year terms. Compensation of
board members is governed by section 15.059, subdivision 6. The
task force board expires on June 30, 1997 2003.
Sec. 2. Minnesota Statutes 1995 Supplement, section
120.1045, subdivision 1, is amended to read:
Subdivision 1. [BACKGROUND CHECK REQUIRED.] A school
hiring authority, as defined in subdivision 4, shall request a
criminal history background check from the superintendent of the
bureau of criminal apprehension on all individuals who are
offered employment in the school, as defined in subdivision 4.
In order to be eligible for employment, an individual who is
offered employment must provide an executed criminal history
consent form and a money order or cashier's check payable to the
bureau of criminal apprehension for the fee for conducting the
criminal history background check. A school may charge a person
offered employment an additional fee of up to $2 to cover the
school's costs under this section. The superintendent shall
perform the background check by retrieving criminal history data
maintained in the criminal justice information system computers.
Sec. 3. Minnesota Statutes 1995 Supplement, section
120.1045, is amended by adding a subdivision to read:
Subd. 4. [DEFINITIONS.] For purposes of this section:
(a) "School" means a school as defined in section 120.101,
subdivision 4, except a home-school, and includes a school
receiving tribal contract or grant school aid under section
124.86.
(b) "School hiring authority" means the school principal or
other person having general control and supervision of the
school.
Sec. 4. Minnesota Statutes 1995 Supplement, section
123.3514, subdivision 6, is amended to read:
Subd. 6. [FINANCIAL ARRANGEMENTS.] For a pupil enrolled in
a course under this section, the department of children,
families, and learning shall make payments according to this
subdivision for courses that were taken for secondary credit.
The department shall not make payments to a school district
or post-secondary institution for a course taken for
post-secondary credit only. The department shall not make
payments to a post-secondary institution for a course from which
a student officially withdraws during the first 14 days of the
quarter or semester or who has been absent from the
post-secondary institution for the first 15 consecutive school
days of the quarter or semester and is not receiving instruction
in the home or hospital.
A post-secondary institution shall receive the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance,
multiplied by 1.3, and divided by 30.
The department of children, families, and learning shall
pay to each post-secondary institution 100 percent of the amount
in clause (1) or (2) within 30 days of receiving initial
enrollment information each quarter or semester. If changes in
enrollment occur during a quarter or semester, the change shall
be reported by the post-secondary institution at the time the
enrollment information for the succeeding quarter or semester is
submitted. At any time the department of children, families,
and learning notifies a post-secondary institution that an
overpayment has been made, the institution shall promptly remit
the amount due.
Sec. 5. Minnesota Statutes 1995 Supplement, section
123.3514, subdivision 6b, is amended to read:
Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.]
For a pupil enrolled in a course according to this section, the
department of children, families, and learning shall make
payments according to this subdivision for courses taken to
fulfill high school graduation requirements by pupils eligible
for adult high school graduation aid.
The department must not make payments to a school district
or post-secondary institution for a course taken for
post-secondary credit only. The department shall not make
payments to a post-secondary institution for a course from which
a student officially withdraws during the first 14 days of the
quarter or semester or who has been absent from the
post-secondary institution for the first 15 consecutive school
days of the quarter or semester and is not receiving instruction
in the home or hospital.
A post-secondary institution shall receive the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance
multiplied by 1.3, and divided by 30.
The department of children, families, and learning shall
pay to each post-secondary institution 100 percent of the amount
in clause (1) or (2) within 30 days of receiving initial
enrollment information each quarter or semester. If changes in
enrollment occur during a quarter or semester, the change shall
be reported by the post-secondary institution at the time the
enrollment information for the succeeding quarter or semester is
submitted. At any time the department of children, families,
and learning notifies a post-secondary institution that an
overpayment has been made, the institution shall promptly remit
the amount due.
A school district shall receive:
(1) for a pupil who is not enrolled in classes at a
secondary program, 12 percent of the general education formula
allowance times .65, times 1.3; or
(2) for a pupil who attends classes at a secondary program
part time, the general education formula allowance times .65,
times 1.3, times the ratio of the total number of hours the
pupil is in membership for courses taken by the pupil for credit
to 1020 hours.
Sec. 6. Minnesota Statutes 1995 Supplement, section
124A.22, subdivision 2a, is amended to read:
Subd. 2a. [CONTRACT DEADLINE AND PENALTY.] (a) The
following definitions apply to this subdivision:
(1) "Public employer" means:
(i) a school district; and
(ii) a public employer, as defined by section 179A.03,
subdivision 15, other than a school district that (i) negotiates
a contract under chapter 179A with teachers, and (ii) is
established by, receives state money, or levies under chapters
120 to 129, or 136D, or 268A.
(2) "Teacher" means a person, other than a superintendent
or assistant superintendent, principal, assistant principal, or
a supervisor or confidential employee who occupies a position
for which the person must be licensed by the board of teaching,
state board of education, or state the former board of technical
colleges, or the board of trustees of the Minnesota state
colleges and universities.
(b) Notwithstanding any law to the contrary, a public
employer and the exclusive representative of the teachers shall
both sign a collective bargaining agreement on or before January
15 of an even-numbered calendar year. If a collective
bargaining agreement is not signed by that date, state aid paid
to the public employer for that fiscal year shall be reduced.
However, state aid shall not be reduced if:
(1) a public employer and the exclusive representative of
the teachers have submitted all unresolved contract items to
interest arbitration according to section 179A.16 before
December 31 of an odd-numbered year and filed required final
positions on all unresolved items with the commissioner of
mediation services before January 15 of an even-numbered year;
and
(2) the arbitration panel has issued its decision within 60
days after the date the final positions were filed.
(c)(1) For a district that reorganizes according to section
122.22, 122.23, or 122.241 to 122.248 effective July 1 of an
odd-numbered year, state aid shall not be reduced according to
this subdivision if the school board and the exclusive
representative of the teachers both sign a collective bargaining
agreement on or before the March 15 following the effective date
of reorganization.
(2) For a district that jointly negotiates a contract prior
to the effective date of reorganization under section 122.22,
122.23, or 122.241 to 122.248 that, for the first time, includes
teachers in all districts to be reorganized, state aid shall not
be reduced according to this subdivision if the school board and
the exclusive representative of the teachers sign a collective
bargaining agreement on or before the March 15 following the
expiration of the teacher contracts in each district involved in
the joint negotiation.
(3) Only one extension of the contract deadline is
available to a district under this paragraph.
(d) The reduction shall equal $25 times the number of
actual pupil fund balance pupil units:
(1) for a school district, that are in the district during
that fiscal year; or
(2) for a public employer other than a school district,
that are in programs provided by the employer during the
preceding fiscal year.
The department of children, families, and learning shall
determine the number of full-time equivalent actual pupil units
in the programs. The department of children, families, and
learning shall reduce general education aid; if general
education aid is insufficient or not paid, the department shall
reduce other state aids.
(e) Reductions from aid to school districts and public
employers other than school districts shall be returned to the
general fund.
Sec. 7. Minnesota Statutes 1994, section 125.05,
subdivision 1a, is amended to read:
Subd. 1a. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.]
(a) The board of teaching shall issue licenses under its
jurisdiction to persons the board finds to be qualified and
competent for their respective positions.
(b) The board shall require a person to successfully
complete an examination of skills in reading, writing, and
mathematics before being granted an initial teaching license to
provide direct instruction to pupils in prekindergarten,
elementary, secondary, or special education programs. The board
shall require colleges and universities offering a board
approved teacher preparation program to provide remedial
assistance that includes a formal diagnostic component to
persons enrolled in their institution who did not achieve a
qualifying score on the skills examination, including those for
whom English is a second language. The colleges and
universities must provide assistance in the specific academic
areas of deficiency in which the person did not achieve a
qualifying score. School districts must provide similar,
appropriate, and timely remedial assistance that includes a
formal diagnostic component and mentoring to those persons
employed by the district who completed their teacher education
program outside the state of Minnesota, received a one-year
license to teach in Minnesota and did not achieve a qualifying
score on the skills examination, including those persons for
whom English is a second language.
(c) A person who has completed an approved teacher
preparation program and obtained a one-year license to teach,
but has not successfully completed the skills examination, may
renew the one-year license for two additional one-year periods.
Each renewal of the one-year license is contingent upon the
licensee:
(1) providing evidence of participating in an approved
remedial assistance program provided by a school district or
post-secondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not
obtain qualifying scores; and
(2) attempting to successfully complete the skills
examination during the period of each one-year license.
(d) The board of teaching shall grant continuing licenses
only to those persons who have met board criteria for granting a
continuing license, which includes successfully completing the
skills examination in reading, writing, and mathematics.
(e) All colleges and universities approved by the board of
teaching to prepare persons for teacher licensure shall include
in their teacher preparation programs a common core of teaching
knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the
standards developed by the interstate new teacher assessment and
support consortium in its 1992 "model standards for beginning
teacher licensing and development." Amendments to standards
adopted under this paragraph are covered by chapter 14.
Sec. 8. Minnesota Statutes 1994, section 125.05, is
amended by adding a subdivision to read:
Subd. 9. [TEACHER LICENSES.] The board of teaching may
issue teacher licenses under the licensure rules in place on
July 31, 1996.
Sec. 9. [125.192] [TEACHER LICENSURE.]
Teachers licensed in the education of blind and visually
impaired students must demonstrate competence in reading and
writing Braille. The board of teaching, at such time as a valid
and reliable test is available, shall adopt a rule to assess
these competencies that is consistent with the standards of the
National Library Services for the Blind and Physically
Handicapped.
Sec. 10. [126.091] [MOMENT OF SILENCE.]
A moment of silence may be observed.
Sec. 11. Minnesota Statutes 1995 Supplement, section
126.70, subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school
board shall use the revenue authorized in section 124A.29 for
in-service education for programs under section 126.77,
subdivision 2, or for staff development plans under this
section. The board must establish a staff development committee
to develop the plan, assist site decision-making 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 report
shall provide a breakdown of expenditures for (1) curriculum
development and programs, (2) in-service education, workshops,
and conferences, and (3) the cost of teachers or substitute
teachers for staff development purposes. Within each of these
categories, the report shall also indicate whether the
expenditures were incurred at the district level or the school
site level, and whether the school site expenditures were made
possible by the grants to school sites that demonstrate
exemplary use of allocated staff development revenue. These
expenditures are to be reported using the UFARS system. The
commissioner shall report the staff development expenditure data
to the education committees of the legislature by February 15
each year.
Sec. 12. Minnesota Statutes 1994, section 128D.11,
subdivision 10, is amended to read:
Subd. 10. [CITY PLANNING COMMISSION APPROVAL; EXCEPTIONS.]
(a) No election shall be held on a proposed issue of bonds
unless the board has submitted to the city planning commission a
statement of the location and general description, so far as
then known, of any project proposed to be constructed or
acquired from the proceeds of such bonds with a request for
preliminary approval of each such project as being in accordance
with the comprehensive plan of the city of Minneapolis. The
commission may state its preliminary approval or disapproval of
the projects included in such statement within 60 days after
receipt thereof, and failure so to do shall be deemed to signify
preliminary approval of such projects. In the event the
commission shall disapprove any proposed project included in the
statement, a vote of at least six members of the board of
education shall be required for the adoption of a resolution
submitting the proposed bond issue to the electors.
Notwithstanding the preliminary approval of any project as
herein provided, such project shall be resubmitted to the city
planning commission at the time and in the manner specified in
paragraph (b). The location and nature of each project shall be
determined by the board of education and reviewed by the city
planning commission at the time, with reference to the
circumstances then existing. Nothing herein shall prevent the
revision or elimination of any project previously given
preliminary approval or the substitution of another project
therefor, by the procedure specified in paragraph (b), if
considered necessary by the board to fulfill its
responsibilities for public education, and for the construction
of school facilities so far as possible in accordance with the
comprehensive city plan, provided however no such revision,
elimination, or substitution shall be made unless approved by
unanimous vote of all members of the board of education.
Notwithstanding anything to the contrary contained in this act
no election shall be held on a proposed issue of bonds on a date
earlier than 60 days after preliminary approval or disapproval
by the city planning commission.
(b) The school district shall not expend the proceeds of
bonds for any purpose provided for in subdivisions 1 to
6 requiring approval of the city planning commission unless a
proposed resolution stating the location and general description
of the project or undertaking shall have been submitted to the
city planning commission for consideration of the proposed
project or undertaking as being in accordance with the
comprehensive plan of the city of Minneapolis. The commission
may state its approval or disapproval of the proposed project or
undertaking within 60 days thereafter. A failure on the part of
the commission to state its disapproval within 60 days after
receipt of such resolution shall be deemed an approval. In the
event the commission shall disapprove any proposed project or
undertaking, a unanimous vote of the members of the board of
education shall be required for the adoption of the resolution.
Sec. 13. Laws 1993, chapter 224, article 12, section 39,
as amended by Laws 1994, chapter 532, article 2, section 14;
Laws 1994, chapter 647, article 8, section 32; Laws 1994,
chapter 647, article 12, section 35; and Laws 1995, First
Special Session chapter 3, article 8, section 15, 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; 8700.6800; and 8700.7100, are repealed.
(b) Minnesota Rules, parts 3520.1600; 3520.2900; 3520.3000;
3520.3200; 3520.3500; 3520.3680; 3520.3701; 3520.3801;
3520.4001; 3520.4100; 3520.4201; 3520.4301; 3520.4400;
3520.4510; 3520.4531; 3520.4540; 3520.4550; 3520.4560;
3520.4570; 3520.4600; 3520.4610; 3520.4650; 3520.4670;
3520.4701; 3520.4711; 3520.4720; 3520.4731; 3520.4741;
3520.4801; 3520.4840; 3520.4850; 3520.4900; 3520.4930;
3520.4980; 3520.5000; 3520.5010; 3520.5111; 3520.5120;
3520.5141; 3520.5151; 3520.5160; 3520.5171; 3520.5180;
3520.5190; 3520.5200; 3520.5220; 3520.5230; 3520.5300;
3520.5310; 3520.5361; 3520.5380; 3520.5401; 3520.5450;
3520.5471; 3520.5481; 3520.5490; 3520.5500; 3520.5510;
3520.5520; 3520.5531; 3520.5551; 3520.5560; 3520.5570;
3520.5580; 3520.5600; 3520.5611; 3520.5700; 3520.5710;
3520.5900; 3520.5910; and 3520.5920, are repealed.
(c) Minnesota Rules, parts 3500.1400; 3500.3700; 3510.0300;
3510.8100; 3510.8200; 3510.8300; 3510.8400; 3515.0100, subparts
2, 5, 6, and 26; 3515.0500, subpart 4, option two, items D and
E; 3515.0700, subpart 4, options 4, 6, 7, and 8; 3515.1100;
3515.1500, subparts 2 and 3, item C; 3515.2100, subparts 2 and
3; 3515.3300; 3515.3400; 3515.3500; 3515.3600; 3515.3700;
3515.3800; 3515.3900; 3515.4000; 3515.4500; 3515.4600;
3515.4621; 3515.4700; 3515.4800; 3515.5000, subpart 2;
3515.5050; 3515.5500, subparts 3, 4, 5, 6, 7, 9, 10, and 11;
3515.5600; 3515.6005, subparts 2 and 3; 3515.6100; 3515.8300;
3515.8900; 3515.9910; 3515.9911; 3515.9912; 3515.9913;
3515.9920; 3515.9942; 3517.3150; 3517.3170; 3517.3420;
3517.3450; 3517.3500; 3517.3650; 3517.8500; 3517.8600;
3520.2400; 3520.2500; 3520.2600; 3520.2800; 3520.3100;
3520.3400; 3530.6500; 3530.6600; 3530.6700; 3530.6800;
3530.6900; 3530.7000; 3530.7100; 3530.7200; 3530.7300;
3530.7400; 3530.7500; 3530.7600; 3530.7700; 3530.7800; and
chapter 3560, are repealed.
(d) Minnesota Rules, parts 3500.0710; 3500.1060; 3500.1075;
3500.1100; 3500.1150; 3500.1200; 3500.1500; 3500.1600;
3500.1900; 3500.2000; 3500.2020; 3500.2100; 3500.2900;
3500.5010; 3500.5020; 3500.5030; 3500.5040; 3500.5050;
3500.5060; 3500.5070; 3505.2700; 3505.2800; 3505.2900;
3505.3000; 3505.3100; 3505.3200; 3505.3300; 3505.3400;
3505.3500; 3505.3600; 3505.3700; 3505.3800; 3505.3900;
3505.4000; 3505.4100; 3505.4200; 3505.4400; 3505.4500;
3505.4600; 3505.4700; 3505.5100; 8700.2900; 8700.3000;
8700.3110; 8700.3120; 8700.3200; 8700.3300; 8700.3400;
8700.3500; 8700.3510; 8700.3600; 8700.3700; 8700.3810;
8700.3900; 8700.4000; 8700.4100; 8700.4300; 8700.4400;
8700.4500; 8700.4600; 8700.4710; 8700.4800; 8700.4901;
8700.4902; 8700.5100; 8700.5200; 8700.5300; 8700.5310;
8700.5311; 8700.5500; 8700.5501; 8700.5502; 8700.5503;
8700.5504; 8700.5505; 8700.5506; 8700.5507; 8700.5508;
8700.5509; 8700.5510; 8700.5511; 8700.5512; 8700.5800;
8700.6310; 8700.6410; 8700.6900; 8700.7010; 8700.7700;
8700.7710; 8700.8000; 8700.8010; 8700.8020; 8700.8030;
8700.8040; 8700.8050; 8700.8060; 8700.8070; 8700.8080;
8700.8090; 8700.8110; 8700.8120; 8700.8130; 8700.8140;
8700.8150; 8700.8160; 8700.8170; 8700.8180; 8700.8190;
8700.9000; 8700.9010; 8700.9020; 8700.9030; 8750.0200;
8750.0220; 8750.0240; 8750.0260; 8750.0300; 8750.0320;
8750.0330; 8750.0350; 8750.0370; 8750.0390; 8750.0410;
8750.0430; 8750.0460; 8750.0500; 8750.0520; 8750.0600;
8750.0620; 8750.0700; 8750.0720; 8750.0740; 8750.0760;
8750.0780; 8750.0800; 8750.0820; 8750.0840; 8750.0860;
8750.0880; 8750.0890; 8750.0900; 8750.0920; 8750.1000;
8750.1100; 8750.1120; 8750.1200; 8750.1220; 8750.1240;
8750.1260; 8750.1280; 8750.1300; 8750.1320; 8750.1340;
8750.1360; 8750.1380; 8750.1400; 8750.1420; 8750.1440;
8750.1500; 8750.1520; 8750.1540; 8750.1560; 8750.1580;
8750.1600; 8750.1700; 8750.1800; 8750.1820; 8750.1840;
8750.1860; 8750.1880; 8750.1900; 8750.1920; 8750.1930;
8750.1940; 8750.1960; 8750.1980; 8750.2000; 8750.2020;
8750.2040; 8750.2060; 8750.2080; 8750.2100; 8750.2120;
8750.2140; 8750.4000; 8750.4100; and 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. 14. Laws 1993, chapter 224, article 12, section 41,
as amended by Laws 1995, First Special Session chapter 3,
article 8, section 16, 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 December 31, 1996.
Sec. 15. [RECOMMENDATIONS FOR CONDUCTING BACKGROUND
CHECKS.]
Subdivision 1. [WORKING GROUP.] The commissioner of
children, families, and learning shall convene a working group
to recommend an efficient and effective process for conducting
background checks on candidates for teacher licensure,
elementary and secondary school teachers, and other school
district employees, consistent with the requirements under
Minnesota Statutes, sections 120.1045 and 125.05, subdivision
8. The working group must include one representative from each
of the following organizations: the state board of teaching;
the Minnesota school boards association; the Minnesota education
association; the Minnesota federation of teachers; the Minnesota
state colleges and universities; the University of Minnesota;
the private college council; the Minnesota association of
colleges of teacher education; the statewide student
associations from the state universities, the University of
Minnesota, and the private liberal arts colleges; the Minnesota
bureau of criminal apprehension; the American association of
state, county and municipal employees; and other groups that the
commissioner determines are relevant. By February 1, 1997, the
commissioner shall submit the group's recommendations concerning
an efficient and effective process, including recommended
statutory changes, to the chairs of the education committees of
the legislature.
Subd. 2. [ISSUES TO RESOLVE.] In recommending an efficient
and effective process for conducting background checks, the
working group must address at least the following:
(1) how might the process for conducting background checks
be made more efficient and less burdensome for substitute
employees;
(2) to what extent should service cooperative employees,
teacher interns, student teachers, school volunteers,
independent contractors, or student employees be subject to
background checks;
(3) how might the process of paying for background checks
be made more flexible and less expensive;
(4) to what extent should nonstate residents applying for
school district employment be subject to background check
requirements;
(5) to what extent would a central repository of background
check data be useful and, if it is useful, how would it operate;
(6) how might duplication between licensure and employment
checks be avoided;
(7) to what extent should an individual be subject to a
periodic background check; and
(8) whether the scope of the background check is
appropriate to accomplish the intended purpose of the statutes
and whether the scope of the background check should be tailored
to particular classes of individuals.
Subd. 3. [TEMPORARY PROVISIONS.] (a) Notwithstanding any
law to the contrary, the following provisions apply until June
30, 1997.
(b) Any candidate for teacher licensure and any prospective
school district employee for whom a background check was
completed after December 1, 1995, shall not be required to
undergo another background check solely to comply with the
requirements of Minnesota Statutes, sections 120.1045 and
125.05, subdivision 8.
(c) The board of teaching and the state board of education
shall issue a license to an otherwise qualified individual while
completion of a background check is pending, subject to
Minnesota Statutes, section 125.05, subdivision 8.
(d) A school hiring authority may use the results of a
criminal history background check performed at the request of
another school hiring authority if: the results of the check
are on file with the other school hiring authority or are
otherwise assessable; the check was performed within the past
year; and there is no reason to believe that the individual has
committed an act subsequent to the check that would not be
included in it.
Sec. 16. [PARENT EDUCATION INSTRUCTOR LICENSE.]
(a) Notwithstanding Minnesota Statutes, section 125.05,
subdivision 1, persons who currently hold or have held a parent
education instructor license issued by the board of technical
colleges or the board of trustees of the Minnesota state
colleges and universities prior to June 30, 1997, shall, upon
application, be issued a family education/parent educator
license granted by the Minnesota board of teaching upon evidence
of having met the renewal requirements listed on the expiring
license.
(b) Effective June 30, 1997, the board of trustees of the
Minnesota state colleges and universities shall not issue parent
education instructor licenses.
Sec. 17. [BUFFALO; FARIBAULT; SLEEPY EYE; SCHOOL YEAR.]
Subdivision 1. [EXCEPTION.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, independent school
districts No. 877, Buffalo, No. 656, Faribault, No. 84, Sleepy
Eye, and students from the residential academies, independent
school No. 0160 may begin the 1996-1997 school year prior to
Labor Day only by the number of days necessary to accommodate
the transition into the new or renovated elementary or senior
high school buildings.
Subd. 2. [CONDITIONAL EXCEPTION.] If this act is effective
after April 1, 1996, the boards of independent school district
No. 877, Buffalo, No. 84, Sleepy Eye, and No. 656, Faribault,
are exempt from the April 1 deadline for setting a school
calendar for the 1996-1997 school year in Minnesota Statutes,
section 126.12, subdivision 2. The board must set the calendar
as soon as possible after the effective date of this section.
Subd. 3. [APPLICATION.] This section applies only for the
1996-1997 school year.
Sec. 18. [LOLA AND RUDY PERPICH SCHOOL FOR THE ARTS AND
RESOURCE CENTER.]
It is the desire of the Minnesota legislature to recognize
the many contributions of Lola and Rudy Perpich to the state and
people of Minnesota, including the instrumental role Lola and
Rudy Perpich played in establishing and supporting the Minnesota
school for the arts and resource center. The legislature
understands that the school's critical early successes were due
in large measure to Lola and Rudy Perpich and greatly
appreciates their efforts.
Sec. 19. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall change all references from "Minnesota center
for arts education" to "Lola and Rudy Perpich Minnesota center
for arts education."
Sec. 20. [REPEALER.]
(a) Minnesota Statutes 1995 Supplement, section 120.1045,
subdivision 3, is repealed the day following final enactment.
(b) Minnesota Statutes 1995 Supplement, section 126A.02,
subdivision 2, is repealed.
(c) Minnesota Rules, parts 8700.7700; 8700.7710; 8750.9000;
8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500;
8750.9600; and 8750.9700, are repealed.
Sec. 21. [EFFECTIVE DATE.]
Section 6 is effective for the 1995-1996 school year.
Sections 1, 9, 13, 14, 16, and 20, paragraphs (a) and (b), are
effective the day following final enactment. Section 12 is
effective January 1, 1997.
Section 20, paragraph (c), is effective August 1, 1997.
ARTICLE 10
LIBRARIES
Section 1. Minnesota Statutes 1994, section 134.34, is
amended by adding a subdivision to read:
Subd. 7. [PROPOSED BUDGET.] In addition to the annual
report required in section 134.13, a regional public system that
receives a basic system support grant under this section must
provide each participating county and city with its proposed
budget for the next year.
ARTICLE 11
STATE AGENCIES
Section 1. Laws 1995, First Special Session chapter 3,
article 11, section 21, subdivision 2, is amended to read:
Subd. 2. [DEPARTMENT.] For the department of
education children, families, and learning:
$23,150,000 $26,110,000 ..... 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 children, families, and learning
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 children, families, and
learning 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 children, families, and
learning 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 children, families, and
learning 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 children, families, and
learning 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. The commissioner may transfer any portion of this
appropriation from the special revenue fund not needed for the
purposes of this paragraph to the Minnesota highway safety
center at St. Cloud state university. 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 children, families, and
learning 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.
(s) Of the 1997 appropriation for education and employment
transitions grants in Laws 1995, First Special Session chapter
3, article 4, section 29, subdivision 8, $100,000 is for
work-based learning pilot programs.
Sec. 2. Laws 1995, First Special Session chapter 3,
article 11, section 22, is amended to read:
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 $5,330,000 ..... 1996
$5,217,000 $5,456,000 ..... 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. 3. Laws 1995, First Special Session chapter 3,
article 11, section 23, is amended to read:
Sec. 23. [APPROPRIATIONS; FARIBAULT ACADEMIES.]
The sums indicated in this section are appropriated from
the general fund to the department of education children,
families, and learning for the Faribault academies for the
fiscal years designated:
$8,075,000 $8,316,000 ..... 1996
$8,075,000 $8,526,000 ..... 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. 4. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the commissioner of children, families,
and learning for the fiscal years designated.
Subd. 2. [LITIGATION COSTS.] For costs associated with
desegregation litigation:
$700,000 ..... 1996
This appropriation is available until June 30, 1997, and
may be expended only to the extent costs are incurred.
Subd. 3. [RETRAINING.] For retraining of department
employees and employees who become department employees as a
result of transfer from other agencies pursuant to Minnesota
Statutes, section 119A.04:
$275,000 ..... 1996
This appropriation is available until June 30, 1997.
The retraining is subject to Laws 1995, First Special
Session chapter 3, article 16, section 10, subdivision 5.
Subd. 4. [STUDENT ORGANIZATIONS.] To replace federal funds
for grants to organizations supporting vocational student groups:
$90,000 ..... 1997
The commissioner must use these funds, in addition to state
funds already designated for this purpose, to make grants to the
student groups.
Subd. 5. [INTERNATIONAL CENTER.] For grants to the
Minnesota International Center to expand the number of
international speakers going into Minnesota classrooms to
stimulate global understanding:
$40,000 ..... 1997
This grant is available to the extent it is matched by
contributions from nonpublic sources.
Sec. 5. [FEDERAL FUNDS.]
The expenditures of federal grants and aids as shown in
budget change order number 1 dated January 18, 1996, for the
department of children, families, and learning are approved and
appropriated and may be spent as indicated. If the funds are
spent for purposes other than those indicated in the change
order, the department must notify the appropriate committees of
the legislature.
Sec. 6. [EFFECTIVE DATE.]
Sections 1 to 5 are effective the day following final
enactment.
ARTICLE 12
TECHNOLOGY
Section 1. [121.95] [EDUCATION TECHNOLOGY IMPROVEMENT
CLEARINGHOUSES.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning shall establish a grant program
for regional clearinghouses for school districts. The grants
must be used to upgrade and refurbish computers that are donated
to schools and provide opportunities for student involvement.
The purposes of the enterprises are to:
(1) serve as centers where business or others may donate
new or used computer and other technology for use by Minnesota
schools;
(2) provide an opportunity for students to upgrade donated
and existing school-owned computers so that they are capable of
being connected to the internet and local networks; and
(3) provide a means of informing schools of available
technology and distributing donated and upgraded computers to
schools for technology improvements in support of learning.
Each clearinghouse must encourage opportunities for
students to learn skills, including the technical skills needed
to retrofit and upgrade computers. The clearinghouse shall
retain the ability to review equipment for suitability and
refuse equipment that does not meet the standards or is not
suitable for use in schools. At a minimum, all donated
computers must be suitable for upgrade so that the retrofitted
computer can be connected to the internet and a local computer
network.
Subd. 2. [GRANTS.] The commissioner shall establish
procedures and develop forms for applying for grants under this
section. The grants may be used to purchase needed technology
for upgrading donated computers and other donated technology,
for the cost of computer distribution, and for the cost of
informing businesses and others about technology donations to
the clearinghouse. The commissioner shall develop guidelines
for the use and distribution of any computers donated and
upgraded through this grant program. The commissioner may
establish priorities and prorate grants to match appropriations
for the grant program.
Sec. 2. Minnesota Statutes 1995 Supplement, section
124C.74, subdivision 2, is amended to read:
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.
For the purposes of the grant, a school district may include a
charter school under section 120.064, or the Faribault academies.
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). Nonpublic schools as
defined in section 237.065, subdivision 2, located within the
district may access the network. The nonpublic school is
responsible for actual costs for connection from the school to
the access site.
(e) Money awarded under this section may be used only for
the purposes explicitly stated in the grant application.
Sec. 3. Minnesota Statutes 1995 Supplement, section
124C.74, subdivision 3, is amended to read:
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; and (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.
Sec. 4. Minnesota Statutes 1995 Supplement, section
134.46, is amended to read:
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. 5. Minnesota Statutes 1995 Supplement, section
237.065, is amended to read:
237.065 [RATES FOR SPECIAL SERVICE TO SCHOOLS.]
Subdivision 1. [BASIC SERVICES.] 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 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.
Subd. 2. [BASIC AND ADVANCED TELECOMMUNICATION
SERVICES.] (a) Notwithstanding the provisions of sections
237.09, 237.14, 237.60, subdivision 3, and 237.74, each
telephone company and telecommunications carrier that provides
local telephone service in a service area that includes a school
that has classes within the range from kindergarten to grade 12
or that includes a public library may provide, upon request,
basic and advanced telecommunication services at reduced or no
cost to that school or library. A school or library receiving
telecommunications services at reduced or no cost may not resell
or sublease the discounted services. Telecommunications
services shall be provided in accordance with Public Law Number
104-104.
(b) An agent that provides telecommunications services to a
school or library may request the favorable rate on behalf of
and for the exclusive benefit of the school or library. The
school or library must authorize the agent to make the request
of the local telephone company or telecommunications carrier.
The telephone company or telecommunications carrier is not
required to offer the same price discount to the agent that it
would offer to the school district or library. An agent that
receives a price discount for telecommunications services on
behalf of a school or library may only resell or sublease the
discounted services to that school or library.
(c) For the purposes of this subdivision, "school" includes
a public school as defined in section 120.05, nonpublic, and
church or religious organization schools that provide
instruction in compliance with sections 120.101 to 120.102.
Sec. 6. Laws 1995, First Special Session chapter 3,
article 12, section 8, subdivision 1, is amended to read:
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
computer-related products, and other advanced industrial
technologies supporting school-to-work transitions in
manufacturing, engineering, and transportation courses.
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.
Sec. 7. Laws 1995, First Special Session chapter 3,
article 12, section 12, subdivision 7, is amended to read:
Subd. 7. [TELECOMMUNICATION ACCESS GRANTS.] For grants to
school districts and regional public library systems to
establish connections to MNet according to Minnesota Statutes,
section 124C.74:
$5,500,000 ..... 1996
$5,000,000 $10,000,000 ..... 1997
Of these appropriations, up to $300,000 is to pay the
transmission costs for programming over the network and costs
associated with operating the network.
This appropriation is available until June 30, 1997. These
appropriations do not cancel but are available until expended.
Sec. 8. [TECHNOLOGY; TECHNICAL ASSISTANCE.]
The commissioner of the department of children, families,
and learning shall work with interested and involved
organizations including, but not limited to, representatives of
school districts, service cooperatives, TIES, education
districts, higher education institutions, public libraries, and
other government agencies to develop a technology planning guide
for school districts. The department must distribute the guides
to school districts and hold regional meetings to discuss the
planning process. The commissioner may consider a school
district's technology plan in making technology-related funding
decisions.
Sec. 9. [AFTER-SCHOOL PROGRAMS.]
The commissioner of children, families, and learning shall
establish a process to initiate a competitive grant program to
enhance the use of technology in after-school programs.
Eligible organizations include school districts, private
schools, nonprofit community organizations, public housing
agencies, and other successful programs that serve youth.
Sec. 10. [ADVANCEMENT OF TECHNOLOGY IN EDUCATION.]
The commissioner shall make a grant to the center for
applied research and educational improvement, college of
education and human development, University of Minnesota. The
grant must be used to publicize information about the use of new
methods and curriculum for using telecommunications and
computers in support of learning. Information on new
techniques, uses, and curricula must be distributed throughout
the state. The center may use electronic or print distribution
to reach classrooms and teachers in all parts of Minnesota.
Sec. 11. [COOPERATIVE PURCHASING.]
The department of children, families, and learning shall
work with the department of administration to make available to
public libraries, public and nonpublic schools, political
subdivisions and state agencies, state level contracts from
multiple sources, including manufacturers and software
publishers, for the purchase of instructional and administrative
software, computers, video, and network hardware. Public and
nonpublic schools, public libraries, and political subdivisions
may participate in the contracts if it meets their purchasing
needs.
Sec. 12. [TECHNOLOGY INCENTIVES PILOT PROGRAM.]
Subdivision 1. [TECHNOLOGY INCENTIVES PILOT PROGRAM LEVY.]
The commissioner of children, families, and learning shall
select one district for a technology incentives pilot program.
The purpose of the pilot program is to provide secondary school
students with individual access to technology throughout the
student's secondary educational program, to integrate computers
into classroom learning activities, and to provide incentives
for students to stay in school and achieve high educational
standards.
Subd. 2. [APPLICATION.] In order to be considered for the
technology incentives pilot program, a district shall submit a
plan developed cooperatively with one or more private partners
to the commissioner of children, families, and learning in the
form and manner prescribed by the commissioner. The plan shall
include goals for improving access to technology, student
achievement, and school attendance for students participating in
the pilot program; a description of the public and private
partnership involved in developing the technology incentives
plan; and the responsibilities of each partner. In selecting a
district for the technology incentives pilot program, the
commissioner shall take into consideration the number of
students in a site who are from families whose household income
is less than 185 percent of the federal poverty level.
Subd. 3. [TECHNOLOGY INCENTIVES LEVY.] A district may levy
an amount not to exceed one-fourth of the cost of the district's
lease purchase agreement under subdivision 4. The district may
not levy under this section for more than three years following
the first year of the lease purchase agreement.
Subd. 4. [USE OF LEVY.] A district shall use the
technology levy to purchase a computer for each ninth grade
student enrolled in one or more participating school sites. A
portion may be used to purchase or provide technical support or
maintenance services directly related to the program. The
district may purchase computers for this program under a lease
purchase agreement. Notwithstanding section 123.37, subdivision
1, a district may enter into a four-year lease purchase
agreement after complying with the other contracting provisions
of section 123.37. A ninth grade student must have exclusive
use of a computer assigned by this program throughout the time
the student is enrolled in the district issuing the computer or
enrolled at a participating school site. Notwithstanding
sections 120.71 to 120.76, the district may sell the computer to
the student when the student receives a high school diploma from
the district. The district shall consider ability to pay in
establishing the purchase prices of computers.
Subd. 5. [REPORT.] By January 1, 1999, the selected
district shall submit a report to the commissioner on the
program with recommendations for expanding it or making changes.
Sec. 13. [TECHNOLOGY INTEGRATION MATCHING GRANTS.]
A technology integration matching grant program is
established. Grant amounts shall be allocated to districts on a
per pupil basis. To be eligible, a district must match the
grant with $2 of local funds for each $1 of state funds and must
have identified a person to act as a technology coordinator for
the district. The grant and matching funds must be used to
provide for training in districts to help staff learn how to
integrate the use of technology in the classroom with
alternative curriculum and instructional approaches, and to
purchase computer hardware. Students may be included in
training funded through this grant. The department shall
establish guidelines and an application process for the grant.
Sec. 14. [TECHNOLOGY RELATED FUND BALANCE ADJUSTMENTS.]
Notwithstanding Minnesota Statutes, section 124A.26, a
district must not receive an aid or levy reduction for general
education revenue according to that section for fiscal year
1996. Aid adjustments shall be paid in fiscal year 1997. The
department shall make the appropriate levy adjustments. This
revenue must be transferred to the district's capital equipment
account or the operating capital account for technology purposes.
This provision assumes an aid payment of approximately
$1,300,000 to be paid from general education and a levy of
$800,000.
Sec. 15. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal year designated.
Subd. 2. [EDUCATION TECHNOLOGY CLEARINGHOUSE AND UPGRADE
SYSTEM.] For the education technology clearinghouse and upgrade
system under section 1:
$250,000 ..... 1997
Any amount of this appropriation not used shall be
available for grants under section 7.
Subd. 3. [AFTER-SCHOOL PROGRAMS.] For after-school program
grants under section 9:
$1,000,000 ..... 1997
The appropriation is available until June 30, 1998.
Subd. 4. [ELECTRONIC CURRICULUM.] For support of
electronic curriculum development:
$860,000 ..... 1997
(a) Of this amount, $750,000 shall be used for a pilot
project for districts or a group of districts to implement and
demonstrate an electronic curriculum library. The library must
be aligned with the content standards of the graduation rule and
must include benchmarks to track students' progress. The
department shall establish guidelines and an application process
to implement this project. The department shall give additional
consideration to applicants who work with private sector experts
and vendors in developing the library.
(b) Of this amount, $50,000 is for a grant to the
environmental conservation section of the Minneapolis library
for technology investments and for the expansion on the Internet
of environmentally related information.
(c) Of this amount, $20,000 is for a grant to the center
for applied research and educational improvement to publicize
information about the use of new methods and curriculum for
using telecommunications and computers in support of learning.
(d) Of this amount, $40,000 is for a grant to an
organization with a demonstrated proficiency in applying
computer hardware and software to reading improvement for
at-risk students. The grant must be used to advance these
techniques in other education organizations.
Subd. 5. [TECHNOLOGY INTEGRATION GRANTS.] For the purposes
of sections 13 and 14:
$3,500,000 ..... 1997
Sec. 16. [EFFECTIVE DATE.]
Sections 5, 7, and 11 are effective the day following final
enactment.
ARTICLE 13
CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 1995 Supplement, 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, service cooperative as
defined in section 123.582, intermediate district as defined in
section 136C.02, subdivision 7 136D.01, 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) [PROGRAM.] "Program" means the statewide public
employees insurance program created by subdivision 3.
Sec. 2. Minnesota Statutes 1995 Supplement, section
65B.132, is amended to read:
65B.132 [STUDENT DISCOUNTS; ELIGIBILITY.]
Any insurance company providing discounts on automobile
insurance premiums to eligible persons attending colleges and
universities must provide the discount to eligible students
enrolled in technical colleges accredited by the department of
children, families, and learning.
Sec. 3. Minnesota Statutes 1994, section 120.06,
subdivision 1, is amended to read:
Subdivision 1. [AGE LIMITATIONS; PUPILS.] All schools
supported in whole or in part by state funds are public schools.
Admission to a public school, except a technical college, is
free to any person who resides within the district which
operates the school, who is under 21 years of age, and who
satisfies the minimum age requirements imposed by this section.
Notwithstanding the provisions of any law to the contrary, the
conduct of all students under 21 years of age attending a public
secondary school shall be governed by a single set of reasonable
rules and regulations promulgated by the school board. No
person shall be admitted to any public school (1) as a
kindergarten pupil, unless the pupil is at least five years of
age on September 1 of the calendar year in which the school year
for which the pupil seeks admission commences; or (2) as a 1st
grade student, unless the pupil is at least six years of age on
September 1 of the calendar year in which the school year for
which the pupil seeks admission commences or has completed
kindergarten; except that any school board may establish a
policy for admission of selected pupils at an earlier age.
Sec. 4. Minnesota Statutes 1994, section 120.08,
subdivision 3, is amended to read:
Subd. 3. [SEVERANCE PAY.] A district shall pay severance
pay to a teacher who is placed on unrequested leave of absence
by the district as a result of an agreement under this section.
A teacher is eligible under this subdivision if the teacher:
(1) is a teacher, as defined in section 125.12, subdivision
1, but not a superintendent;
(2) has a continuing contract with the district according
to section 125.12, subdivision 4.
The amount of severance pay shall be equal to the teacher's
salary for the school year during which the teacher was placed
on unrequested leave of absence minus the gross amount the
teacher was paid during the 12 months following the teacher's
termination of salary, by an entity whose teachers by statute or
rule must possess a valid Minnesota teaching license, and minus
the amount a teacher receives as severance or other similar pay
according to a contract with the district or district policy.
These entities include, but are not limited to, the school
district that placed the teacher on unrequested leave of
absence, another school district in Minnesota, an education
district, an intermediate school district, an ECSU, a board
formed under section 471.59, a technical college, a state
residential academy, the Minnesota center for arts education, a
vocational center, or a special education cooperative. These
entities do not include a school district in another state, a
Minnesota public post-secondary institution, or a state agency.
Only amounts earned by the teacher as a substitute teacher or in
a position requiring a valid Minnesota teaching license shall be
subtracted. A teacher may decline any offer of employment as a
teacher without loss of rights to severance pay.
To determine the amount of severance pay that is due for
the first six months following termination of the teacher's
salary, the district may require the teacher to provide
documented evidence of the teacher's employers and gross
earnings during that period. The district shall pay the teacher
the amount of severance pay it determines to be due from the
proceeds of the levy for this purpose. To determine the amount
of severance pay that is due for the second six months of the 12
months following the termination of the teacher's salary, the
district may require the teacher to provide documented evidence
of the teacher's employers and gross earnings during that
period. The district shall pay the teacher the amount of
severance pay it determines to be due from the proceeds of the
levy for this purpose.
A teacher who receives severance pay under this subdivision
waives all further reinstatement rights under section 125.12,
subdivision 6a or 6b. If the teacher receives severance pay,
the teacher shall not receive credit for any years of service in
the district paying severance pay prior to the year in which the
teacher becomes eligible to receive severance pay.
The severance pay is subject to section 465.72. The
district may levy annually according to section 124.912,
subdivision 1, for the severance pay.
Sec. 5. Minnesota Statutes 1995 Supplement, section
121.15, subdivision 1, is amended to read:
Subdivision 1. [CONSULTATION.] A school district shall
consult with the commissioner of children, families, and
learning before developing any plans and specifications to
construct, remodel, or improve the building or site of an
educational facility, other than a technical college, for which
the estimated cost exceeds $100,000. This consultation shall
occur before a referendum for bonds, solicitation for bids, or
use of capital expenditure facilities revenue according to
section 124.243, subdivision 6, clause (2). The commissioner
may require the district to participate in a management
assistance plan before conducting a review and comment on the
project.
Sec. 6. Minnesota Statutes 1994, section 121.914,
subdivision 1, is amended to read:
Subdivision 1. The "operating debt" of a school district
means the net negative undesignated fund balance in all school
district funds, other than capital expenditure, building
construction, debt service, and trust and agency, and
post-secondary vocational technical education funds, calculated
as of June 30 of each year in accordance with the uniform
financial accounting and reporting standards for Minnesota
school districts.
Sec. 7. Minnesota Statutes 1994, section 121.915, is
amended to read:
121.915 [REORGANIZATION OPERATING DEBT.]
The "reorganization operating debt" of a school district
means the net negative undesignated fund balance in all school
district funds, other than capital expenditure, building
construction, debt redemption, and trust and agency, and
post-secondary vocational technical education funds, calculated
in accordance with the uniform financial accounting and
reporting standards for Minnesota school districts as of:
(1) June 30 of the fiscal year before the first year that a
district receives revenue according to section 124.2725; or
(2) June 30 of the fiscal year before the effective date of
reorganization according to section 122.22 or 122.23.
Sec. 8. Minnesota Statutes 1995 Supplement, section
121.935, subdivision 1a, is amended to read:
Subd. 1a. [CENTER FOR DISTRICTS WITH ALTERNATIVE SYSTEMS.]
Districts that operate alternative systems approved by the state
board according to section 121.936 commissioner according to
section 121.932, subdivision 4a, may create one regional
management information center under section 471.59. The center
shall have all of the powers authorized under section 471.59.
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 department shall provide the center all services that
are provided to regional centers formed under subdivision 1,
including transferring software and providing accounting
assistance.
Sec. 9. Minnesota Statutes 1994, section 122.32,
subdivision 1, is amended to read:
Subdivision 1. If there be any organized school district
not maintaining a classified school within the district, except
those districts which have a contract with the a state
university board, or with the board of regents of the University
of Minnesota for the education of all the children of the
district, such district shall hereby be dissolved as of the date
the district ceases to maintain a classified school. Any such
district not maintaining a classified school shall forthwith be
attached by order of the county board to such district
maintaining classified elementary or secondary schools upon
notice and hearing as provided in section 122.22 for the
attachment of dissolved districts.
Sec. 10. Minnesota Statutes 1994, section 122.535,
subdivision 6, is amended to read:
Subd. 6. [SEVERANCE PAY.] A district shall pay severance
pay to a teacher who is placed on unrequested leave of absence
by the district as a result of the agreement. A teacher is
eligible under this subdivision if the teacher:
(1) is a teacher, as defined in section 125.12, subdivision
1, but not a superintendent;
(2) has a continuing contract with the district according
to section 125.12, subdivision 4.
The amount of severance pay shall be equal to the teacher's
salary for the school year during which the teacher was placed
on unrequested leave of absence minus the gross amount the
teacher was paid during the 12 months following the teacher's
termination of salary, by an entity whose teachers by statute or
rule must possess a valid Minnesota teaching license, and minus
the amount a teacher receives as severance or other similar pay
according to a contract with the district or district policy.
These entities include, but are not limited to, the school
district that placed the teacher on unrequested leave of
absence, another school district in Minnesota, an education
district, an intermediate school district, an ECSU, a board
formed under section 471.59, a technical college, a state
residential academy, the Minnesota center for arts education, a
vocational center, or a special education cooperative. These
entities do not include a school district in another state, a
Minnesota public post-secondary institution, or a state agency.
Only amounts earned by the teacher as a substitute teacher or in
a position requiring a valid Minnesota teaching license shall be
subtracted. A teacher may decline any offer of employment as a
teacher without loss of rights to severance pay.
To determine the amount of severance pay that is due for
the first six months following termination of the teacher's
salary, the district may require the teacher to provide
documented evidence of the teacher's employers and gross
earnings during that period. The district shall pay the teacher
the amount of severance pay it determines to be due from the
proceeds of the levy for this purpose. To determine the amount
of severance pay that is due for the second six months of the 12
months following the termination of the teacher's salary, the
district may require the teacher to provide documented evidence
of the teacher's employers and gross earnings during that
period. The district shall pay the teacher the amount of
severance pay it determines to be due from the proceeds of the
levy for this purpose.
A teacher who receives severance pay under this subdivision
waives all further reinstatement rights under section 125.12,
subdivision 6a or 6b. If the teacher receives severance pay,
the teacher shall not receive credit for any years of service in
the district paying severance pay prior to the year in which the
teacher becomes eligible to receive severance pay.
The severance pay is subject to section 465.72. The
district may levy annually according to section 124.912,
subdivision 1, for the severance pay.
Sec. 11. Minnesota Statutes 1994, section 122.895,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] This section applies to:
(1) an education district organized according to sections
122.91 to 122.95;
(2) a cooperative vocational center organized according to
section 123.351;
(3) a joint powers district or board organized according to
section 471.59 which employs teachers to provide instruction;
(4) a joint vocational technical district organized
according to sections 136C.60 to 136C.69;
(5) an intermediate district organized according to chapter
136D;
(6) (5) an educational cooperative service unit a service
cooperative which employs teachers to provide instruction; and
(7) (6) school districts participating in an agreement for
the cooperative provision of special education services to
children with disabilities according to section 120.17,
subdivision 4.
Sec. 12. Minnesota Statutes 1994, section 123.351,
subdivision 10, is amended to read:
Subd. 10. [REVENUE.] A secondary vocational cooperative
may be eligible for revenue under section 124.575 124.573.
Sec. 13. Minnesota Statutes 1994, section 123.37,
subdivision 1a, is amended to read:
Subd. 1a. The board may authorize its superintendent or
business manager, or technical college president in those
districts operating a technical college, to lease, purchase, and
contract for goods and services within the budget as approved by
the board, provided that any transaction in an amount exceeding
the minimum amount for which bids are required must first be
specifically authorized by the board and must fulfill all other
applicable requirements in subdivision 1.
Sec. 14. Minnesota Statutes 1994, section 123.38,
subdivision 2, is amended to read:
Subd. 2. The board shall take charge of and control all
cocurricular school activities of the teachers and children of
the public schools in that district held in the school building
or school grounds or under the supervision or direction of the
school board and to that end adopt rules and regulations for the
conduct of these activities in which the schools of the district
or any class or pupils therein may participate. All money
received on account of such activities shall be turned over to
the school district treasurer, who shall keep the same in the
general fund or the technical colleges fund, if applicable, to
be disbursed for expenses and salaries connected with the
activities, or otherwise, by the board upon properly allowed
itemized claims.
No cocurricular activity shall be participated in by the
teachers or pupils in the public schools of such district, nor
shall the school name or any allied name be used in connection
therewith, except by consent and direction of the board.
Sec. 15. Minnesota Statutes 1994, section 123.38,
subdivision 2b, is amended to read:
Subd. 2b. (a) The board may take charge of and control all
extracurricular activities of the teachers and children of the
public schools in the district. Extracurricular activities
shall mean all direct and personal services for public school
pupils for their enjoyment that are managed and operated under
the guidance of an adult or staff member.
(b) Extracurricular activities have all of the following
characteristics:
(1) they are not offered for school credit nor required for
graduation;
(2) they are generally conducted outside school hours, or
if partly during school hours, at times agreed by the
participants, and approved by school authorities;
(3) the content of the activities is determined primarily
by the pupil participants under the guidance of a staff member
or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be
self-sustaining with all expenses, except direct salary costs
and indirect costs of the use of school facilities, met by dues,
admissions, or other student fundraising events. The general
fund or the technical colleges fund, if applicable, shall
reflect only those salaries directly related to and readily
identified with the activity and paid by public funds. Other
revenues and expenditures for extra curricular activities must
be recorded according to the "Manual of Instruction for Uniform
Student Activities Accounting for Minnesota School Districts and
Area Vocational-Technical Colleges." Extracurricular activities
not under board control must have an annual financial audit and
must also be audited annually for compliance with this section.
(d) If the board takes charge of and controls
extracurricular activities, any or all costs of these activities
may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same
manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls
extracurricular activities, no such activity shall be
participated in by the teachers or pupils in the district, nor
shall the school name or any allied name be used in connection
therewith, except by consent and direction of the board.
Sec. 16. Minnesota Statutes 1994, section 124.573,
subdivision 3, is amended to read:
Subd. 3. [COMPLIANCE WITH RULES.] Aid shall be paid under
this section only for services rendered or for costs incurred in
secondary vocational education programs approved by the
commissioner and operated in accordance with rules promulgated
by the state board. These rules shall provide minimum
student-staff ratios required for a secondary vocational
education program area to qualify for this aid. The rules must
not require the collection of data at the program or course
level to calculate secondary vocational aid. The rules shall
not require any minimum number of administrative staff, any
minimum period of coordination time or extended employment for
secondary vocational education personnel, or the availability of
vocational student activities or organizations for a secondary
vocational education program to qualify for this aid. The
requirement in these rules that program components be available
for a minimum number of hours shall not be construed to prevent
pupils from enrolling in secondary vocational education courses
on an exploratory basis for less than a full school year. The
state board shall not require a school district to offer more
than four credits or 560 hours of vocational education course
offerings in any school year. Rules relating to secondary
vocational education programs shall not incorporate the
provisions of the state plan for vocational education by
reference. This aid shall be paid only for services rendered
and for costs incurred by essential, licensed personnel who meet
the work experience requirements for licensure pursuant to the
rules of the state board. Licensed personnel means persons
holding a valid secondary vocational license issued by the
commissioner, except that when an average of five or fewer
secondary full-time equivalent students are enrolled per teacher
in an approved post-secondary program at intermediate district
No. 287, 916, or 917, licensed personnel means persons holding a
valid vocational license issued by the commissioner or, the
state board for vocational technical education, or the board of
trustees of the Minnesota state colleges and universities.
Notwithstanding section 124.15, the commissioner may modify or
withdraw the program or aid approval and withhold aid under this
section without proceeding under section 124.15 at any time. To
do so, the commissioner must determine that the program does not
comply with rules of the state board or that any facts
concerning the program or its budget differ from the facts in
the district's approved application.
Sec. 17. Minnesota Statutes 1995 Supplement, section
124.71, subdivision 2, is amended to read:
Subd. 2. Commissioner as used in sections 124.71 to 124.76
means the commissioner of children, families, and learning or,
for certificates for a technical college, the chancellor of
vocational technical education.
Sec. 18. Minnesota Statutes 1995 Supplement, section
124.912, subdivision 1, is amended to read:
Subdivision 1. [STATUTORY OBLIGATIONS.] (a) A school
district may levy 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 children, families, and learning
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 children, families, and learning 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. 19. Minnesota Statutes 1995 Supplement, section
125.05, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO LICENSE.] (a) The board of
teaching shall license teachers, as defined in section 125.03,
subdivision 1, except for supervisory personnel, as defined in
section 125.03, subdivision 4.
(b) The state board of education shall license supervisory
personnel as defined in section 125.03, subdivision 4.
(c) The state board of technical colleges, according to
section 136C.04, shall license post-secondary vocational and
adult vocational teachers, support personnel, and supervisory
personnel in technical colleges.
(d) Licenses under the jurisdiction of the board of
teaching and the state board of education must be issued through
the licensing section of the department of children, families,
and learning.
Sec. 20. Minnesota Statutes 1994, section 125.09,
subdivision 4, is amended to read:
Subd. 4. [MANDATORY REPORTING.] A school board shall
report to the board of teaching, the state board of education,
or the state board of technical colleges trustees of the
Minnesota state colleges and universities, whichever has
jurisdiction over the teacher's license, when its teacher is
discharged or resigns from employment after a charge is filed
with the school board under section 125.17, subdivisions 4,
clauses (1), (2), and (3), and 5, or after charges are filed
that are ground for discharge under section 125.12, subdivision
8, clauses (a), (b), (c), (d), and (e), or when a teacher is
suspended or resigns while an investigation is pending under
section 125.12, subdivision 8, clauses (a), (b), (c), (d), and
(e); 125.17, subdivisions 4, clauses (1), (2), and (3), and 5;
or 626.556. The report must be made to the board within ten
days after the discharge, suspension, or resignation has
occurred. The board to which the report is made shall
investigate the report for violation of subdivision 1 and the
reporting school board shall cooperate in the investigation.
Notwithstanding any provision in chapter 13 or any law to the
contrary, upon written request from the licensing board having
jurisdiction over the teacher's license, a school board or
school superintendent shall provide the licensing board with
information about the teacher from the school district's files,
any termination or disciplinary proceeding, any settlement or
compromise, or any investigative file. Upon written request
from the appropriate licensing board, a school board or school
superintendent may, at the discretion of the school board or
school superintendent, solicit the written consent of a student
and the student's parent to provide the licensing board with
information that may aid the licensing board in its
investigation and license proceedings. The licensing board's
request need not identify a student or parent by name. The
consent of the student and the student's parent must meet the
requirements of chapter 13 and Code of Federal Regulations,
title 34, section 99.30. The licensing board may provide a
consent form to the school district. Any data transmitted to
any board under this section shall be private data under section
13.02, subdivision 12, notwithstanding any other classification
of the data when it was in the possession of any other agency.
The board to which a report is made shall transmit to the
attorney general's office any record or data it receives under
this subdivision for the sole purpose of having the attorney
general's office assist that board in its investigation. When
the attorney general's office has informed an employee of the
appropriate licensing board in writing that grounds exist to
suspend or revoke a teacher's license to teach, that licensing
board must consider suspending or revoking or decline to suspend
or revoke the teacher's license within 45 days of receiving a
stipulation executed by the teacher under investigation or a
recommendation from an administrative law judge that
disciplinary action be taken.
Sec. 21. Minnesota Statutes 1994, section 125.1385,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; LIMITS.] The state university
board of trustees of the Minnesota state colleges and
universities and the board of regents of the University of
Minnesota may develop programs to exchange faculty between
colleges or schools of education and school districts, subject
to section 125.138.
The programs must be used to assist in improving teacher
education by involving current teachers in education courses and
placing post-secondary faculty in elementary and secondary
classrooms. Programs must include exchanges that extend beyond
the immediate service area of the institution to address the
needs of different types of schools, students, and teachers.
Sec. 22. Minnesota Statutes 1994, section 125.185,
subdivision 4, is amended to read:
Subd. 4. [LICENSE AND RULES.] (a) The board shall adopt
rules to license public school teachers and interns subject to
chapter 14.
(b) The board shall adopt rules requiring a person to
successfully complete a skills examination in reading, writing,
and mathematics as a requirement for initial teacher licensure.
Such rules shall require college and universities offering a
board approved teacher preparation program to provide remedial
assistance to persons who did not achieve a qualifying score on
the skills examination, including those for whom English is a
second language.
(c) The board shall adopt rules to approve teacher
preparation programs.
(d) The board shall provide the leadership and shall adopt
rules for the redesign of teacher education programs to
implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective.
The board shall implement new systems of teacher preparation
program evaluation to assure program effectiveness based on
proficiency of graduates in demonstrating attainment of program
outcomes.
(e) The board shall adopt rules requiring successful
completion of an examination of general pedagogical knowledge
and examinations of licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board,
but not later than July 1, 1999.
(f) The board shall adopt rules requiring teacher educators
to work directly with elementary or secondary school teachers in
elementary or secondary schools to obtain periodic exposure to
the elementary or secondary teaching environment.
(g) The board shall grant licenses to interns and to
candidates for initial licenses.
(h) The board shall design and implement an assessment
system which requires a candidate for an initial license and
first continuing license to demonstrate the abilities necessary
to perform selected, representative teaching tasks at
appropriate levels.
(i) The board shall receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.
(j) The board shall grant life licenses to those who
qualify according to requirements established by the board, and
suspend or revoke licenses pursuant to sections 125.09 and
214.10. The board shall not establish any expiration date for
application for life licenses.
(k) With regard to post-secondary vocational education
teachers the board of teaching shall adopt and maintain as its
rules the rules of the state board of technical colleges.
Sec. 23. Minnesota Statutes 1994, section 125.60,
subdivision 2, is amended to read:
Subd. 2. The board of any district may grant an extended
leave of absence without salary to any full- or part-time
elementary, or secondary, or technical college teacher who has
been employed by the district for at least five years and has at
least ten years of allowable service, as defined in section
354.05, subdivision 13, or the bylaws of the appropriate
retirement association or ten years of full-time teaching
service in Minnesota public elementary, and secondary, and
technical colleges schools. The maximum duration of an extended
leave of absence pursuant to this section shall be determined by
mutual agreement of the board and the teacher at the time the
leave is granted and shall be at least three but no more than
five years. An extended leave of absence pursuant to this
section shall be taken by mutual consent of the board and the
teacher. If the school board denies a teacher's request, it
shall provide reasonable justification for the denial.
Sec. 24. Minnesota Statutes 1994, section 125.611,
subdivision 1, is amended to read:
Subdivision 1. [CRITERIA.] For purposes of this section,
"teacher" means a teacher as defined in section 125.03,
subdivision 1, who:
(a) is employed in the a public elementary, or secondary,
or technical colleges school in the state and
(b) either
(1)(i) has not less than 15 total years of full-time
teaching service in elementary, secondary, and technical
colleges, or at least 15 years of allowable service as defined
in sections 354.05, subdivision 13; 354.092; 354.093; 354.094;
354.53; 354.66; 354A.011, subdivision 4; 354A.091; 354A.092;
354A.093; 354A.094; or Laws 1982, chapter 578, article II,
section 1 and
(ii) has or will have attained the age of 55 years but less
than 65 years as of the June 30 in the school year during which
an application for an early retirement incentive is made, or
(2) has not less than 30 total years of full-time teaching
service in elementary, secondary, and technical colleges, or at
least 30 years of allowable service as defined in sections
354.05, subdivision 13; 354.092; 354.093; 354.094; 354.53;
354.66; 354A.011, subdivision 4; 354A.091; 354A.092; 354A.093;
354A.094; or Laws 1982, chapter 578, article II, section 1.
Sec. 25. Minnesota Statutes 1995 Supplement, section
126.151, subdivision 1, is amended to read:
Subdivision 1. [ACTIVITIES OF THE ORGANIZATION.] Any
student enrolled in a vocational technical education program
approved by the state boards board of education and technical
colleges or the board of trustees of the Minnesota state
colleges and universities may belong to a vocational student
organization that is operated as an integral part of the
vocational program. The commissioner of children, families, and
learning and the chancellor of technical colleges board of
trustees of the Minnesota state colleges and universities may
provide necessary technical assistance and leadership at the
state level for administration of approved vocational student
organizations and fiscal accounts, including administration of
state and national conferences.
Sec. 26. Minnesota Statutes 1994, section 126.151,
subdivision 2, is amended to read:
Subd. 2. [ACCOUNTS OF THE ORGANIZATION.] The commissioner
and the state board of technical trustees of the Minnesota state
colleges and universities may retain dues and other money
collected on behalf of students participating in approved
vocational student organizations and may deposit the money in
separate accounts. The money in these accounts shall be
available for expenditures for state and national activities
related to specific organizations. Administration of money
collected under this section is not subject to the provisions of
chapters 15, 16A, and 16B, and may be deposited outside the
state treasury. Money shall be administered under the policies
of the applicable state board or agency relating to
post-secondary and secondary vocational student organizations
and is subject to audit by the legislative auditor. Any
unexpended money shall not cancel but may be carried forward to
the next fiscal year.
Sec. 27. [136D.01] [INTERMEDIATE DISTRICT.]
"Intermediate district" means a district with a cooperative
program which has been established under Laws 1967, chapter 822,
as amended; Laws 1969, chapter 775, as amended; and Laws 1969,
chapter 1060, as amended, offering integrated services for
secondary, post-secondary, and adult students in the areas of
vocational education, special education, and other authorized
services.
Sec. 28. Minnesota Statutes 1994, section 136D.23,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC AGENCY.] The joint school board
shall be a public agency of the participating school districts
and may receive and disburse federal and state funds made
available to it or to the participating school districts,
including moneys described in section 136C.07.
Sec. 29. Minnesota Statutes 1994, section 136D.83,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC AGENCY.] The joint school board
shall be a public agency of the participating school districts
and may receive and disburse federal and state funds made
available to it or to the participating school districts,
including moneys described in section 136C.07.
Sec. 30. Minnesota Statutes 1994, section 144.4165, is
amended to read:
144.4165 [TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.]
No person shall at any time smoke, chew, or otherwise
ingest tobacco or a tobacco product in a public school, as
defined in section 120.05, subdivision 2. This prohibition
extends to all facilities, whether owned, rented, or leased, and
all vehicles that a school district owns, leases, rents,
contracts for, or controls. This prohibition does not apply to
a technical college. Nothing in this section shall prohibit the
lighting of tobacco by an adult as a part of a traditional
Indian spiritual or cultural ceremony. For purposes of this
section, an Indian is a person who is a member of an Indian
tribe as defined in section 257.351, subdivision 9.
Sec. 31. [REPEALER.]
Minnesota Statutes 1994, sections 121.11, subdivision 15;
and 136D.75, are repealed.
ARTICLE 14
COST MANAGEMENT
Section 1. Minnesota Statutes 1995 Supplement, section
121.904, subdivision 4c, is amended to read:
Subd. 4c. [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 same calendar year the appropriation is made.
(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 children, families, and learning the amount
available to reduce the levy recognition percent computed under
this subdivision by January 5 of each year. The commissioner of
children, families, and learning must notify school districts of
a change in the levy recognition percent by January 15 of the
same month.
(d) 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 children, families, and
learning 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 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 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 children, families, and learning
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.
(e) The commissioner of finance shall transfer from the
general fund to the education aids appropriations specified by
the commissioner of children, families, and learning, 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. 2. Minnesota Statutes 1995 Supplement, section
124.17, subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each resident
pupil in average daily membership shall be counted according to
this subdivision.
(a) A prekindergarten pupil with a disability who is
enrolled in a program approved by the commissioner and has an
individual education plan is counted as the ratio of the number
of hours of assessment and education service to 825 with a
minimum of 0.28, but not more than one.
(b) 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 825.
(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.
(d) A kindergarten pupil who is not included in paragraph
(c) is counted as .53 of a pupil unit for fiscal year 1995 and
thereafter.
(e) A pupil who is in any of grades 1 to 6 is counted as
1.06 pupil units for fiscal year 1995 and thereafter.
(f) 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.
(g) 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.
(h) In fiscal year 1998, the sum of pupil units used in
computing 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 (f) and (g). In fiscal year 1999 and later years,
the sum of pupil units used in computing 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 (f) and (g).
Sec. 3. Laws 1995, First Special Session chapter 3,
article 14, section 5, is amended to read:
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 $2,968,714,000 for
fiscal year 1998 and $3,076,600,000 $3,022,210,000 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. 4. [LEVY RECOGNITION; REFERENDUM.]
Notwithstanding Minnesota Statutes 1995 Supplement, section
121.904, subdivision 4a, the levy recognition percentage for
fiscal year 1996 and later applied to the operating referendum
levy is 31.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 and 4 are effective the day following final
enactment.
Presented to the governor March 30, 1996
Signed by the governor April 3, 1996, 3:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes