Office of the Revisor of Statutes
Minnesota Session Laws - 1997, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 4-H.F.No. 1
An act relating to education; kindergarten through
grade 12; providing for general education; special
programs; lifework development; education
organization, cooperation, and facilities; education
excellence; academic performance; education policy
issues; libraries; technology; state agencies;
conforming and technical amendments; school bus
safety; tax deduction and credit; appropriating money;
amending Minnesota Statutes 1996, sections 12.21,
subdivision 3; 120.0111; 120.062, subdivisions 3, 6,
7, 9, and 11; 120.0621, subdivisions 5a, 6, and by
adding a subdivision; 120.064, subdivisions 3, 8, 10,
20a, and by adding a subdivision; 120.101,
subdivisions 5, 5c, and by adding a subdivision;
120.1701, subdivision 3; 120.181; 121.15, subdivisions
6, 7, and by adding subdivisions; 121.602,
subdivisions 1, 2, and 4; 121.611; 121.615,
subdivisions 2, 3, 5, 6, 7, 8, 9, and 10; 121.703,
subdivision 3; 121.904, subdivision 4a; 123.35,
subdivision 8, and by adding a subdivision; 123.3514,
subdivisions 4, 4a, 4c, 4e, 6c, 8, and by adding
subdivisions; 123.39, subdivision 6; 123.70,
subdivisions 5, 7, and 10; 123.799, subdivision 1;
123.7991, subdivisions 1 and 2; 123.951; 123.972,
subdivision 5; 124.155, subdivisions 1 and 2; 124.17,
subdivisions 1d, 4, and by adding subdivisions;
124.193; 124.195, subdivisions 2, 7, 10, 11, and by
adding a subdivision; 124.225, subdivisions 1, 13, 14,
15, 16, and 17; 124.226, subdivision 10; 124.2445;
124.2455; 124.248, subdivisions 3, 4, and by adding
subdivisions; 124.26, subdivision 1b; 124.2613,
subdivisions 3, 4, and 6; 124.2727, subdivision 6d;
124.273, subdivisions 1d, 1e, 1f, and 5; 124.276, by
adding a subdivision; 124.312, subdivisions 4 and 5;
124.313; 124.314, subdivisions 1 and 2; 124.3201,
subdivisions 1, 2, 3, and 4; 124.321, subdivision 1;
124.323, subdivisions 1 and 2; 124.42, subdivision 4;
124.431, subdivisions 2 and 11; 124.45; 124.481;
124.574, subdivisions 1, 2d, 2f, 5, 6, and 9; 124.83,
subdivisions 1 and 2; 124.86, subdivision 2, and by
adding a subdivision; 124.91, subdivisions 1 and 5;
124.912, subdivisions 1, 2, 3, and 6; 124.916,
subdivisions 1, 2, and 3; 124.918, subdivision 6;
124.95, subdivision 2; 124.961; 124A.03, subdivisions
1c and 1g; 124A.04, subdivision 2; 124A.22,
subdivisions 1, 2, as amended, 3, 6, 6a, 8a, 10, 11,
13, 13b, 13d, and by adding a subdivision; 124A.225,
subdivision 1; 124A.23, subdivisions 1, 2, 3, and 5;
124A.26, subdivision 1; 124A.28; 124C.45, subdivision
1a; 124C.46, subdivisions 1 and 2; 124C.498,
subdivisions 2 and 3; 125.05, subdivisions 1c and 2;
125.12, subdivision 14; 126.22, subdivisions 2, 3, 3a,
and 8; 126.23, subdivision 1; 126.77, subdivision 1;
127.26; 127.27, subdivisions 5, 6, 7, 8, 10, and by
adding a subdivision; 127.281; 127.29; 127.30,
subdivisions 1, 2, 3, and by adding a subdivision;
127.31, subdivisions 2, 7, 8, 13, 14, and 15; 127.311;
127.32; 127.33; 127.36; 127.37; 127.38; 128A.02, by
adding a subdivision; 128B.10, subdivision 1; 128C.02,
subdivision 2, and by adding a subdivision; 128C.12,
subdivision 1; 129C.10, subdivision 3; 134.155,
subdivisions 2 and 3; 134.34, subdivision 4; 136D.72,
subdivisions 2 and 3; 144.29; 169.01, subdivision 6;
169.435, subdivision 2; 169.443, subdivision 3;
169.447, subdivision 6; 169.4501, subdivisions 1 and
2; 169.4502, subdivisions 2, 7, 9, 11, and by adding
subdivisions; 169.4503, subdivisions 1, 2, 10, 13, 14,
17, 19, 23, 24, and by adding a subdivision; 169.4504,
subdivision 1, and by adding a subdivision; 169.452;
171.321, subdivision 3; 171.3215, subdivision 4;
245.493, subdivision 1; 245.91, subdivision 2;
260.185, subdivision 1; 260A.02, subdivision 3;
268.665, subdivision 2; 290.01, subdivision 19b; and
290.0671, subdivision 1; Laws 1991, chapter 265,
article 1, section 30, as amended; Laws 1993, chapter
146, article 5, section 20; Laws 1994, chapter 647,
article 7, section 18, subdivisions 2 and 3; Laws 1995
First Special Session, chapter 3, articles 1, section
56; 2, section 52; 3, section 11, subdivisions 1, 2,
and 5; 11, section 21, subdivision 3; and 12, section
7, subdivision 1; Laws 1996, chapter 412, articles 4,
section 34, subdivision 4; and 12, section 11;
proposing coding for new law in Minnesota Statutes,
chapters 120; 121; 124; 126; 127; 128C; 135A; and 290;
repealing Minnesota Statutes 1996, sections 120.105;
120.65; 121.11, subdivision 8; 121.602, subdivisions 3
and 5; 121.904, subdivision 4d; 121.912, subdivision
7; 124.17, subdivision 5; 124.177; 124.223; 124.225,
subdivisions 3a, 7a, 7b, 7d, 7e, 8a, 8k, and 10;
124.226; 124.2728; 124.276, subdivision 2; 124.3201,
subdivisions 2a and 2b; 124.912, subdivisions 2 and 3;
124A.22, subdivisions 4a and 4b; 124A.26, subdivisions
1a, 2, 3, 4, and 5; 124C.74; 127.31, subdivision 6;
134.34, subdivision 4a; 134.46; 169.4502, subdivision
6; 169.4503, subdivisions 3, 8, 9, 11, 12, and 22; and
169.454, subdivision 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 1996, section 120.062,
subdivision 9, is amended to read:
Subd. 9. [TRANSPORTATION.] (a) If requested by the parent
of a pupil, the nonresident district shall provide
transportation within the district. The state shall pay
transportation aid to the district according to section 124.225.
The resident district is not required to provide or pay for
transportation between the pupil's residence and the border of
the nonresident district. A parent may be reimbursed by the
nonresident district for the costs of transportation from the
pupil's residence to the border of the nonresident district if
the pupil is from a family whose income is at or below the
poverty level, as determined by the federal government. The
reimbursement may not exceed the pupil's actual cost of
transportation or 15 cents per mile traveled, whichever is
less. Reimbursement may not be paid for more than 250 miles per
week.
At the time a nonresident district notifies a parent or
guardian that an application has been accepted under subdivision
5 or 6, the nonresident district must provide the parent or
guardian with the following information regarding the
transportation of nonresident pupils under this section: 123.39,
subdivision 6.
(1) a nonresident district may transport a pupil within the
pupil's resident district under this section only with the
approval of the resident district; and
(2) a parent or guardian of a pupil attending a nonresident
district under this section may appeal under section 123.39,
subdivision 6, the refusal of the resident district to allow the
nonresident district to transport the pupil within the resident
district.
(b) Notwithstanding paragraph (a) and section 124.225,
subdivision 8l, transportation provided by a nonresident
district between home and school for a pupil attending school
under this section is authorized for nonregular transportation
revenue under section 124.225, if the following criteria are met:
(1) the school that the pupil was attending prior to
enrolling in the nonresident district under this section was
closed;
(2) the distance from the closed school to the next nearest
school in the district that the student could attend is at least
20 miles;
(3) the pupil's residence is at least 20 miles from any
school that the pupil could attend in the resident district; and
(4) the pupil's residence is closer to the school of
attendance in the nonresident district than to any school the
pupil could attend in the resident district.
Sec. 2. Minnesota Statutes 1996, section 121.904,
subdivision 4a, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district, including distributions
made pursuant to section 279.37, subdivision 7, and excluding
the amount levied pursuant to section 124.914, subdivision 1.
(b) In June of each year, the school district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the May, June, and July school district tax settlement
revenue received in that calendar year; or
(2) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2, which are for the fiscal year
payable in that fiscal year plus an amount equal to the levy
recognized as revenue in June of the prior year plus 31 percent
for fiscal year 1996 and thereafter of the amount of the levy
certified in the prior calendar year according to section
124A.03, subdivision 2, plus or minus auditor's adjustments, not
including levy portions that are assumed by the state; or
(3) 18.1 percent for fiscal year 1996, the percent
determined under Laws 1996, chapter 461, section 3, for fiscal
year 1997 and that same percent thereafter of the amount of the
levy certified in the prior calendar year, plus or minus
auditor's adjustments, not including levy portions that are
assumed by the state, which remains after subtracting, by fund,
the amounts levied for the following purposes:
(i) reducing or eliminating projected deficits in the
reserved fund balance accounts for unemployment insurance and
bus purchases;
(ii) statutory operating debt pursuant to section 124.914,
subdivision 1;
(iii) retirement and severance pay pursuant to sections
122.531, subdivision 9, 124.2725, subdivision 15, 124.4945,
124.912, subdivision 1, and 124.916, subdivision 3, and Laws
1975, chapter 261, section 4;
(iv) amounts levied for bonds issued and interest thereon,
amounts levied for debt service loans and capital loans, amounts
levied for down payments under section 124.82, subdivision 3;
and
(v) amounts levied under section 124.755.
Notwithstanding the foregoing, the levy recognition
percentage for the referendum levy certified according to
section 124A.03, subdivision 2, is 31 percent.
(3)(i) 7.0 percent of the lesser of the amount of the
general education levy certified in the prior calendar year
according to section 124A.23, subdivision 2, or the difference
between the amount of the total general fund levy certified in
the prior calendar year and the sum of the amounts certified in
the prior calendar year according to sections 124A.03,
subdivision 2; 124.315, subdivision 4; 124.912, subdivisions 1,
paragraph (2), 2, and 3; 124.916, subdivisions 1, 2, and 3,
paragraphs (4), (5), and (6); and 124.918, subdivision 6; plus
(ii) 31 percent of the referendum levy certified in the
prior calendar year according to section 124A.03, subdivision 2;
plus
(iii) the entire amount of the levy certified in the prior
calendar year according to sections 124.315, subdivision 4;
124.912, subdivisions 1, paragraph (2), 2, and 3; 124.916,
subdivisions 1, 2, and 3, paragraphs (4), (5), and (6); and
124.918, subdivision 6.
(c) In July of each year, the school district shall
recognize as revenue that portion of the school district tax
settlement revenue received in that calendar year and not
recognized as revenue for the previous fiscal year pursuant to
clause (b).
(d) All other school district tax settlement revenue shall
be recognized as revenue in the fiscal year of the settlement.
Portions of the school district levy assumed by the state,
including prior year adjustments and the amount to fund the
school portion of the reimbursement made pursuant to section
273.425, shall be recognized as revenue in the fiscal year
beginning in the calendar year for which the levy is payable.
Sec. 3. Minnesota Statutes 1996, section 123.3514, is
amended by adding a subdivision to read:
Subd. 3a. [ALTERNATIVE PUPIL.] "Alternative pupil" means
an 11th or 12th grade student not enrolled in a public school
district, and includes students attending nonpublic schools and
students who are home schooled. An alternative pupil is
considered a pupil for purposes of this section only. An
alternative pupil must register with the commissioner of
children, families, and learning before participating in the
post-secondary enrollment options program. The commissioner
shall prescribe the form and manner of the registration, in
consultation with the nonpublic education council under section
123.935, subdivision 7, and may request any necessary
information from the alternative pupil.
Sec. 4. Minnesota Statutes 1996, section 123.3514,
subdivision 4, is amended to read:
Subd. 4. [AUTHORIZATION; NOTIFICATION.] Notwithstanding
any other law to the contrary, an 11th or 12th grade pupil
enrolled in a public school or an American Indian-controlled
tribal contract or grant school eligible for aid under section
124.86, except a foreign exchange pupil enrolled in a district
under a cultural exchange program, may apply to an eligible
institution, as defined in subdivision 3, to enroll in
nonsectarian courses offered by that post-secondary
institution. If an institution accepts a secondary pupil for
enrollment under this section, the institution shall send
written notice to the pupil, the pupil's school or school
district, and the commissioner of children, families, and
learning within ten days of acceptance. The notice shall
indicate the course and hours of enrollment of that pupil. If
the pupil enrolls in a course for post-secondary credit, the
institution shall notify the pupil about payment in the
customary manner used by the institution.
Sec. 5. Minnesota Statutes 1996, section 123.3514,
subdivision 4a, is amended to read:
Subd. 4a. [COUNSELING.] To the extent possible, the school
or school district shall provide counseling services to pupils
and their parents or guardian before the pupils enroll in
courses under this section to ensure that the pupils and their
parents or guardian are fully aware of the risks and possible
consequences of enrolling in post-secondary courses. The school
or school district shall provide information on the program
including who may enroll, what institutions and courses are
eligible for participation, the decision-making process for
granting academic credits, financial arrangements for tuition,
books and materials, eligibility criteria for transportation
aid, available support services, the need to arrange an
appropriate schedule, consequences of failing or not completing
a course in which the pupil enrolls, the effect of enrolling in
this program on the pupil's ability to complete the required
high school graduation requirements, and the academic and social
responsibilities that must be assumed by the pupils and their
parents or guardian. The person providing counseling shall
encourage pupils and their parents or guardian to also use
available counseling services at the post-secondary institutions
before the quarter or semester of enrollment to ensure that
anticipated plans are appropriate.
Prior to enrolling in a course, the pupil and the pupil's
parents or guardian must sign a form that must be provided by
the school or school district and may be obtained from a
post-secondary institution stating that they have received the
information specified in this subdivision and that they
understand the responsibilities that must be assumed in
enrolling in this program. The department of children,
families, and learning shall, upon request, provide technical
assistance to a school or school district in developing
appropriate forms and counseling guidelines.
Sec. 6. Minnesota Statutes 1996, section 123.3514,
subdivision 4e, is amended to read:
Subd. 4e. [COURSES ACCORDING TO AGREEMENTS.] An eligible
pupil, according to subdivision 4, may enroll in a nonsectarian
course taught by a secondary teacher or a post-secondary faculty
member and offered at a secondary school, or another location,
according to an agreement between a public school board and the
governing body of an eligible public post-secondary system or an
eligible private post-secondary institution, as defined in
subdivision 3. All provisions of this section shall apply to a
pupil, public school board, school district, and the governing
body of a post-secondary institution, except as otherwise
provided.
Sec. 7. Minnesota Statutes 1996, section 123.3514,
subdivision 6c, is amended to read:
Subd. 6c. [FINANCIAL ARRANGEMENTS FOR COURSES PROVIDED
ACCORDING TO AGREEMENTS.] (a) The agreement between a public
school board and the governing body of a public post-secondary
system or private post-secondary institution shall set forth the
payment amounts and arrangements, if any, from the public school
board to the post-secondary institution. No payments shall be
made by the department of children, families, and learning
according to subdivision 6 or 6b. For the purpose of computing
state aids for a school district, a pupil enrolled according to
subdivision 4e shall be counted in the average daily membership
of the school district as though the pupil were enrolled in a
secondary course that is not offered in connection with an
agreement. Nothing in this subdivision shall be construed to
prohibit a public post-secondary system or private
post-secondary institution from receiving additional state
funding that may be available under any other law.
(b) If a course is provided under subdivision 4e, offered
at a secondary school, and taught by a secondary teacher, the
post-secondary system or institution must not require a payment
from the school board that exceeds the cost to the
post-secondary institution that is directly attributable to
providing that course.
Sec. 8. Minnesota Statutes 1996, section 123.3514, is
amended by adding a subdivision to read:
Subd. 6d. [ALTERNATIVE PUPILS FINANCIAL ARRANGEMENTS.] For
an alternative pupil enrolled in a course or program under this
section, the department of children, families, and learning
shall make payments to the eligible institution according to
subdivision 6. The department shall not make any payments to a
school district for alternative pupils.
Sec. 9. Minnesota Statutes 1996, section 123.3514, is
amended by adding a subdivision to read:
Subd. 6e. [TUITION AT NONPUBLIC SECONDARY INSTITUTION.] A
nonpublic secondary institution must proportionately adjust its
tuition to accurately reflect the time an alternative pupil
spends in a post-secondary enrollment course or program.
Sec. 10. Minnesota Statutes 1996, section 123.39,
subdivision 6, is amended to read:
Subd. 6. For the purposes of this subdivision, a
"nonresident pupil" is a pupil who resides in one district,
defined as the "resident district" and attends school in another
district, defined as the "nonresident district."
If requested, a nonresident district may shall transport a
nonresident pupil within its borders and may transport a
nonresident pupil within the pupil's resident district. A
nonresident district may not transport a nonresident pupil on a
school district owned or contractor operated school bus within
the pupil's resident district without the approval of the
resident district under section 120.062.
The parent or guardian of a nonresident pupil attending a
nonresident district under section 120.062 may submit a written
request to the resident district asking that the resident
district allow the nonresident district to provide
transportation for the pupil within the pupil's resident
district. The resident district must approve or disapprove the
request, in writing, within 30 days. The parent or guardian may
appeal the refusal of the resident district to the commissioner
of children, families, and learning. The commissioner must act
on the appeal within 30 days. If a nonresident district decides
to transport a nonresident pupil within the pupil's resident
district, the nonresident district must notify the pupil's
resident district of its decision, in writing, prior to
providing transportation.
Sec. 11. Minnesota Statutes 1996, section 124.155,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF ADJUSTMENT.] Each year state
aids and credits enumerated in subdivision 2 payable to any
school district for that fiscal year shall be adjusted, in the
order listed, by an amount equal to (1) the amount the district
recognized as revenue for the prior fiscal year pursuant to
section 121.904, subdivision 4a, clause (b), minus (2) the
amount the district recognizes as revenue for the current fiscal
year pursuant to section 121.904, subdivision 4a, clause (b).
For the purposes of making the aid adjustment under this
subdivision, the amount the district recognizes as revenue for
either the prior fiscal year or the current fiscal year pursuant
to section 121.904, subdivision 4a, clause (b), shall not
include any amount levied pursuant to sections 124.226,
subdivision 9, 124.315, subdivision 4, 124.912, subdivisions 1,
paragraph (2), 2, and 3, or a successor provision only for those
districts affected, 124.916, subdivisions 1 and, 2, and 3,
paragraphs 4, 5, and 6, 124.918, subdivision 6, and 124A.03,
subdivision 2; and Laws 1992, chapter 499, articles 1, section
20, and 6, section 36. Payment from the permanent school fund
shall not be adjusted pursuant to this section. The school
district shall be notified of the amount of the adjustment made
to each payment pursuant to this section.
Sec. 12. Minnesota Statutes 1996, section 124.17,
subdivision 1d, is amended to read:
Subd. 1d. [AFDC COMPENSATION REVENUE PUPIL UNITS.] AFDC
Compensation revenue pupil units for fiscal year 1993 1998 and
thereafter must be computed according to this subdivision.
(a) The AFDC compensation revenue concentration percentage
for each building in a district equals the product of 100 times
the ratio of:
(1) the sum of the number of pupils enrolled in the
district from families receiving aid to families with dependent
children according to subdivision 1e building eligible to
receive free lunch plus one-half of the pupils eligible to
receive reduced priced lunch on October 1 of the previous fiscal
year; to
(2) the number of pupils in average daily membership
according to subdivision 1e enrolled in the district the
building on October 1 of the previous fiscal year.
(b) The AFDC compensation revenue pupil weighting factor
for a district building equals the lesser of one or the quotient
obtained by dividing the district's AFDC building's compensation
revenue concentration percentage by 11.5 80.0.
(c) The AFDC compensation revenue pupil units for a
district for fiscal year 1993 and thereafter building equals the
product of:
(1) the sum of the number of pupils enrolled in the
district from families receiving aid to families with dependent
children according to subdivision 1e building eligible to
receive free lunch and one-half of the pupils eligible to
receive reduced priced lunch on October 1 of the previous fiscal
year; times
(2) the AFDC compensation revenue pupil weighting factor
for the district building; times
(3) .67 .60.
The percentages in this subdivision must be based on the
count of individual pupils and not on a building average or
minimum.
Sec. 13. Minnesota Statutes 1996, section 124.17,
subdivision 4, is amended to read:
Subd. 4. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is
enrolled in a learning year program according to under section
121.585, an area learning center according to under 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, or more than 425 hours in a school
year for a kindergarten student without a disability, 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: (i) the greater of 1,020
hours or the number of hours required for a full-time secondary
pupil in the district to 1,020 for a secondary pupil and of;
(ii) the greater of 935 hours or the number of hours required
for a full-time elementary pupil in the district to 935 for an
elementary pupil in grades 1 through 6; and (iii) the greater of
425 hours or the number of hours required for a full-time
kindergarten student without a disability in the district to 425
for a kindergarten student without a disability. Hours that
occur after the close of the instructional year in June shall be
attributable to the following fiscal year. A kindergarten
student must not be counted as more than 1.2 pupils in average
daily membership under this subdivision.
(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. Each school district that
has a state-approved public alternative program must reserve
revenue in an amount equal to at least 90 percent of the
district average general education revenue per pupil unit less
compensatory revenue per pupil unit times the number of pupil
units generated by students attending a state-approved public
alternative program. The amount of reserved revenue available
under this subdivision may only be spent for program costs
associated with the state-approved public alternative program.
Compensatory revenue must be allocated according to section
124A.28, subdivision 1a.
(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. Each school district that has a
state-approved public alternative program must reserve revenue
in an amount equal to at least 90 percent of the district
average general education revenue per pupil unit less
compensatory revenue per pupil unit times the number of pupil
units generated by students attending a state-approved public
alternative program. The amount of reserved revenue available
under this subdivision may only be spent for program costs
associated with the state-approved public alternative program.
Compensatory revenue must be allocated according to section
124A.28, subdivision 1a.
(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 or graduation
standards 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. 14. Minnesota Statutes 1996, section 124.17, is
amended by adding a subdivision to read:
Subd. 6. [FREE AND REDUCED PRICED LUNCHES.] The
commissioner shall determine the number of children eligible to
receive either a free or reduced priced lunch on October 1 each
year. The commissioner may use federal definitions for these
purposes and may adjust these definitions as appropriate. The
commissioner may adopt reporting guidelines to assure accuracy
of data counts and eligibility. Districts shall use any
guidelines adopted by the commissioner.
Sec. 15. Minnesota Statutes 1996, section 124.195,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) The term "other district
receipts" means payments by county treasurers pursuant to
section 276.10, apportionments from the school endowment fund
pursuant to section 124.09, apportionments by the county auditor
pursuant to section 124.10, subdivision 2, and payments to
school districts by the commissioner of revenue pursuant to
chapter 298.
(b) The term "cumulative amount guaranteed" means the sum
of the following:
(1) one-third of the final adjustment payment according to
subdivision 6; plus
(2) the product of
(i) the cumulative disbursement percentage shown in
subdivision 3; times
(ii) the sum of
85 90 percent of the estimated aid and credit entitlements
paid according to subdivision 10; plus
100 percent of the entitlements paid according to
subdivisions 8 and 9; plus
the other district receipts; plus
the final adjustment payment according to subdivision 6.
(c) The term "payment date" means the date on which state
payments to school districts are made by the electronic funds
transfer method. If a payment date falls on a Saturday, a
Sunday, or a weekday which is a legal holiday, the payment shall
be made on the immediately following business day. The
commissioner of children, families, and learning may make
payments on dates other than those listed in subdivision 3, but
only for portions of payments from any preceding payment dates
which could not be processed by the electronic funds transfer
method due to documented extenuating circumstances.
Sec. 16. Minnesota Statutes 1996, section 124.195,
subdivision 7, is amended to read:
Subd. 7. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each
fiscal year state general fund payments for a district
nonoperating fund shall be made at 85 90 percent of the
estimated entitlement during the fiscal year of the entitlement,
unless a higher rate has been established according to section
121.904, subdivision 4d. This amount shall be paid in 12 equal
monthly installments. The amount of the actual entitlement,
after adjustment for actual data, minus the payments made during
the fiscal year of the entitlement shall be paid prior to
October 31 of the following school year. The commissioner may
make advance payments of homestead and agricultural credit aid
for a district's debt service fund earlier than would occur
under the preceding schedule if the district submits evidence
showing a serious cash flow problem in the fund. The
commissioner may make earlier payments during the year and, if
necessary, increase the percent of the entitlement paid to
reduce the cash flow problem.
Sec. 17. Minnesota Statutes 1996, section 124.195,
subdivision 10, is amended to read:
Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 8, 9, and 11, each fiscal year, all education aids
and credits in this chapter and chapters 121, 123, 124A, 124B,
125, 126, 134, and section 273.1392, shall be paid at 90 percent
for districts operating a program under section 121.585 for
grades 1 to 12 for all students in the district and 85 percent
for other districts of the estimated entitlement during the
fiscal year of the entitlement, unless a higher rate has been
established according to section 121.904, subdivision 4d.
Districts operating a program under section 121.585 for grades 1
to 12 for all students in the district shall receive 85 percent
of the estimated entitlement plus an additional amount of
general education aid equal to five percent of the estimated
entitlement. For all districts,. The final adjustment payment,
according to subdivision 6, shall be the amount of the actual
entitlement, after adjustment for actual data, minus the
payments made during the fiscal year of the entitlement.
Sec. 18. Minnesota Statutes 1996, section 124.195,
subdivision 11, is amended to read:
Subd. 11. [NONPUBLIC AIDS.] The state shall pay aid
according to sections 123.931 to 123.947 for pupils attending
nonpublic schools as follows:
(1) an advance payment by November 30 equal to 85 90
percent of the estimated entitlement for the current fiscal
year; and
(2) a final payment by October 31 of the following fiscal
year, adjusted for actual data.
If a payment advance to meet cash flow needs is requested
by a district and approved by the commissioner, the state shall
pay basic nonpublic pupil transportation aid according to
section 124.225 attributable to pupils attending nonpublic
schools by October 31.
Sec. 19. Minnesota Statutes 1996, section 124.225,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section
and section 124.3201, the terms defined in this subdivision have
the meanings given to them.
(a) "FTE" means a full-time equivalent pupil whose
transportation is authorized for aid purposes by section 124.223.
(b) "Authorized cost for regular transportation"
means "Actual expenditure per pupil transported in the regular
and excess transportation categories" means the quotient
obtained by dividing:
(1) the sum of:
(1) (i) all expenditures for transportation in the regular
category, as defined in paragraph (c) (b), clause (1), for which
aid is authorized in section 124.223 and the excess category, as
defined in paragraph (b), clause (2), plus
(2) (ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a
straight line basis at the rate of 15 percent per year for
districts operating a program under section 121.585 for grades 1
to 12 for all students in the district and 12-1/2 percent per
year for other districts of the cost of the fleet, plus
(3) an amount equal to one year's depreciation on district
school buses reconditioned by the department of corrections
computed on a straight line basis at the rate of 33-1/3 percent
per year of the cost to the district of the reconditioning, plus
(4) (iii) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section
169.01, subdivision 6, clause (5), which must be used a majority
of the time for the pupil transportation purposes in sections
124.223 and 124.226, subdivisions 5, 8, and 9, and were
purchased after July 1, 1982, for authorized transportation of
pupils, computed on a straight line basis at the rate of 20
percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and
the excess category, as defined in paragraph (b), clause (2).
(c) (b) "Transportation category" means a category of
transportation service provided to pupils as follows:
(1) Regular transportation is transportation services
provided during the regular school year under section 124.223,
subdivisions 1 and 2, excluding the following transportation
services provided under section 124.223, subdivision 1:
transportation between schools; transportation to and from
service-learning programs; noon transportation to and from
school for kindergarten pupils attending half-day sessions;
transportation of pupils to and from schools located outside
their normal attendance areas under the provisions of a plan for
desegregation mandated by the state board of education or under
court order; and transportation of elementary pupils to and from
school within a mobility zone.:
(i) transportation to and from school during the regular
school year for resident elementary pupils residing one mile or
more from the public or nonpublic school they attend, and
resident secondary pupils residing two miles or more from the
public or nonpublic school they attend, excluding desegregation
transportation and noon kindergarten transportation; but with
respect to transportation of pupils to and from nonpublic
schools, only to the extent permitted by sections 123.76 to
123.79;
(ii) transportation of resident pupils to and from language
immersion programs;
(iii) transportation of a pupil who is a custodial parent
and that pupil's child between the pupil's home and the child
care provider and between the provider and the school, if the
home and provider are within the attendance area of the school;
and
(iv) transportation to and from or board and lodging in
another district, of resident pupils of a district without a
secondary school.
For the purposes of this paragraph, a district may
designate a licensed day care facility, respite care facility,
the residence of a relative, or the residence of a person chosen
by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or
guardian, and if that facility or residence is within the
attendance area of the school the pupil attends.
(2) Nonregular transportation is transportation services
provided under section 124.223, subdivision 1, that are excluded
from the regular category and transportation services provided
under section 124.223, subdivisions 3, 4, 5, 6, 7, 8, 9, and 10.
(3) Excess transportation is transportation to and from
school during the regular school year for secondary pupils
residing at least one mile but less than two miles from the
public school they could attend or from the nonpublic school
actually attended they attend, and transportation to and from
school for pupils residing less than one mile from school who
are transported because of extraordinary traffic, drug, or crime
hazards.
(4) (3) Desegregation transportation is transportation
within and outside of the district during the regular school
year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the
state board or under court order.
(5) Handicapped transportation is transportation provided
under section 124.223, subdivision 4, for pupils with a
disability between home or a respite care facility and school or
other buildings where special instruction required by sections
120.17 and 120.1701 is provided.
(4) "Transportation services for pupils with disabilities"
is:
(i) transportation of pupils with disabilities who cannot
be transported on a regular school bus between home or a respite
care facility and school;
(ii) necessary transportation of pupils with disabilities
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;
(iii) necessary transportation for resident pupils with
disabilities required by sections 120.17, subdivision 4a, and
120.1701;
(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;
(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a
shared-time basis in educational programs, and necessary
transportation required by sections 120.17, subdivision 9, and
120.1701, for resident pupils with disabilities who are provided
special instruction and services on a shared-time basis;
(vi) transportation for resident pupils with disabilities
to and from board and lodging facilities when the pupil is
boarded and lodged for educational purposes; and
(vii) services described in clauses (i) to (vi), when
provided for pupils with disabilities in conjunction with a
summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year
program established under section 121.585.
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a
shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under
clause (4);
(ii) transportation within district boundaries between a
nonpublic school and a public school or a neutral site for
nonpublic school pupils who are provided pupil support services
pursuant to section 123.935; and
(iii) late transportation home from school or between
schools within a district for nonpublic school pupils involved
in after-school activities.
(d) (c) "Mobile unit" means a vehicle or trailer designed
to provide facilities for educational programs and services,
including diagnostic testing, guidance and counseling services,
and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123.932,
subdivision 9.
(e) "Current year" means the school year for which aid will
be paid.
(f) "Base year" means the second school year preceding the
school year for which aid will be paid.
(g) "Base cost" means the ratio of:
(1) the sum of the authorized cost in the base year for
regular transportation as defined in paragraph (b) plus the
actual cost in the base year for excess transportation as
defined in paragraph (c);
(2) to the sum of the number of weighted FTE's in the
regular and excess categories in the base year.
(h) "Pupil weighting factor" for the excess transportation
category for a school district means the lesser of one, or the
result of the following computation:
(1) Divide the square mile area of the school district by
the number of FTE's in the regular and excess categories in the
base year.
(2) Raise the result in clause (1) to the one-fifth power.
(3) Divide four-tenths by the result in clause (2).
The pupil weighting factor for the regular transportation
category is one.
(i) "Weighted FTE's" means the number of FTE's in each
transportation category multiplied by the pupil weighting factor
for that category.
(j) "Sparsity index" for a school district means the
greater of .005 or the ratio of the square mile area of the
school district to the sum of the number of weighted FTE's by
the district in the regular and excess categories in the base
year.
(k) "Density index" for a school district means the greater
of one or the result obtained by subtracting the product of the
district's sparsity index times 20 from two.
(l) "Contract transportation index" for a school district
means the greater of one or the result of the following
computation:
(1) Multiply the district's sparsity index by 20.
(2) Select the lesser of one or the result in clause (1).
(3) Multiply the district's percentage of regular FTE's in
the current year using vehicles that are not owned by the school
district by the result in clause (2).
(m) "Adjusted predicted base cost" means the predicted base
cost as computed in subdivision 3a as adjusted under subdivision
7a.
(n) "Regular transportation allowance" means the adjusted
predicted base cost, inflated and adjusted under subdivision 7b.
Sec. 20. Minnesota Statutes 1996, section 124.225,
subdivision 13, is amended to read:
Subd. 13. [TARGETED NEEDS TRANSPORTATION REVENUE.] A
district's targeted needs transportation revenue for the
1996-1997 and later 1997-1998 school years equals the sum of the
special programs transportation revenue according to subdivision
14, the integration transportation revenue according to
subdivision 15, and the nonpublic pupil transportation revenue
aid according to subdivision 16.
Sec. 21. Minnesota Statutes 1996, 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 1997-1998 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 subdivision 1,
paragraph (b), clause (4), 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 subdivision 1,
paragraph (b), clause (4); and
(2) the amount computed in paragraph (a).
Sec. 22. Minnesota Statutes 1996, section 124.225,
subdivision 15, is amended to read:
Subd. 15. [INTEGRATION TRANSPORTATION REVENUE.] A
district's integration transportation revenue for the 1996-1997
and later 1997-1998 school years equals the following amounts:
(a) for independent school district No. 709, Duluth, $4
times the actual pupil units for the school year;
(b) for independent school district No. 625, St. Paul, $73
times the actual pupil units for the school year; and
(c) for special school district No. 1, Minneapolis, $158
times the actual pupil units for the school year.
Sec. 23. Minnesota Statutes 1996, section 124.225,
subdivision 16, is amended to read:
Subd. 16. [NONPUBLIC PUPIL TRANSPORTATION REVENUE AID.]
(a) A district's nonpublic pupil transportation revenue aid 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 this section, equals the sum of
the amounts computed in paragraphs (b) and (c). This revenue
aid 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) (b), clauses (1)
and (3) (2), 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 nonpublic nonregular transportation according to
section 124.225, subdivision 1, paragraph (c) (b),
clause (2) (5), 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 nonpublic
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 for the current year less $300 in determining the
nonpublic pupil transportation revenue in paragraphs (b) and (c)
for fiscal years 1997 and 1998.
Sec. 24. Minnesota Statutes 1996, section 124.225,
subdivision 17, is amended to read:
Subd. 17. [TARGETED NEEDS TRANSPORTATION AID.] (a) For
fiscal years 1997 and 1998, a district's targeted needs
transportation aid is the difference between its targeted needs
transportation revenue under subdivision 13 and its targeted
needs transportation 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. 25. Minnesota Statutes 1996, section 124.226,
subdivision 10, is amended to read:
Subd. 10. [TARGETED NEEDS TRANSPORTATION LEVY.] A school
district may make a levy for targeted needs transportation costs
according to this subdivision. The amount of the levy shall be
the result of the following computation:
(1) For fiscal year years 1997 and later 1998, targeted
needs transportation levy equalization revenue equals 28 percent
of the sum of the district's special programs transportation
revenue under section 124.225, subdivision 14, and the
district's integration transportation revenue under section
124.225, subdivision 15.
(2) The targeted needs transportation levy equals the
result in clause (1) times the lesser of one or the ratio of (i)
the quotient derived by dividing the adjusted net tax capacity
of the district for the year before the year the levy is
certified by the actual pupil units in the district for the
school year to which the levy is attributable, to (ii) $3,540.
Sec. 26. Minnesota Statutes 1996, section 124.912,
subdivision 1, is amended to read:
Subdivision 1. [STATUTORY OBLIGATIONS.] (a) A school
district may levy:
(1) the amount authorized for liabilities of dissolved
districts pursuant to section 122.45;
(2) the amounts necessary to pay the district's obligations
under section 268.06, subdivision 25; and the amounts necessary
to pay for job placement services offered to employees who may
become eligible for benefits pursuant to section 268.08 for the
fiscal year the levy is certified;
(3) the amounts necessary to pay the district's obligations
under section 127.05;
(4) the amounts authorized by section 122.531;
(5) the amounts necessary to pay the district's obligations
under section 122.533; and
(6) for severance pay required by sections 120.08,
subdivision 3, and 122.535, subdivision 6.
(b) 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. 27. Minnesota Statutes 1996, section 124.912,
subdivision 2, is amended to read:
Subd. 2. [DESEGREGATION.] Each year, special school
district No. 1, Minneapolis, may levy an amount not to exceed
$197 times its actual pupil units for that fiscal year;
independent school district No. 625, St. Paul, may levy an
amount not to exceed $197 times its actual pupil units for that
fiscal year; and independent school district No. 709, Duluth,
may levy an amount not to exceed the sum of $660,000 and the
amount raised by a tax rate of 2.0 percent times the adjusted
net tax capacity of the district. Notwithstanding section
121.904, the entire amount of this levy shall be recognized as
revenue for the fiscal year in which the levy is certified.
This levy shall not be considered in computing the aid reduction
under section 124.155.
Sec. 28. Minnesota Statutes 1996, section 124.912,
subdivision 3, is amended to read:
Subd. 3. [RULE COMPLIANCE.] Each year a district that is
required to implement a plan according to the requirements of
Minnesota Rules, parts 3535.0200 to 3535.2200, may levy an
amount not to exceed a net tax rate of 2.0 percent times the
adjusted net tax capacity of the district for taxes payable in
1991 and thereafter. A district that levies according to
subdivision 2 may not levy according to this subdivision.
Notwithstanding section 121.904, the entire amount of this levy
shall be recognized as revenue for the fiscal year in which the
levy is certified. This levy shall not be considered in
computing the aid reduction under section 124.155.
Sec. 29. Minnesota Statutes 1996, section 124.916,
subdivision 1, is amended to read:
Subdivision 1. [HEALTH INSURANCE.] (a) A school district
may levy the amount necessary to make employer contributions for
insurance for retired employees under this
subdivision. Notwithstanding section 121.904, 50 percent of the
amount levied shall be recognized as revenue for the fiscal year
in which the levy is certified. This levy shall not be
considered in computing the aid reduction under section 124.155.
(b) The school board of a joint vocational technical
district formed under sections 136C.60 to 136C.69 and the school
board of a school district may provide employer-paid hospital,
medical, and dental benefits to a person who:
(1) is eligible for employer-paid insurance under
collective bargaining agreements or personnel plans in effect on
June 30, 1992;
(2) has at least 25 years of service credit in the public
pension plan of which the person is a member on the day before
retirement or, in the case of a teacher, has a total of at least
25 years of service credit in the teachers retirement
association, a first-class city teacher retirement fund, or any
combination of these;
(3) upon retirement is immediately eligible for a
retirement annuity;
(4) is at least 55 and not yet 65 years of age; and
(5) retires on or after May 15, 1992, and before July 21,
1992.
A school board paying insurance under this subdivision may
not exclude any eligible employees.
(c) An employee who is eligible both for the health
insurance benefit under this subdivision and for an early
retirement incentive under a collective bargaining agreement or
personnel plan established by the employer must select either
the early retirement incentive provided under the collective
bargaining agreement personnel plan or the incentive provided
under this subdivision, but may not receive both. For purposes
of this subdivision, a person retires when the person terminates
active employment and applies for retirement benefits. The
retired employee is eligible for single and dependent coverages
and employer payments to which the person was entitled
immediately before retirement, subject to any changes in
coverage and employer and employee payments through collective
bargaining or personnel plans, for employees in positions
equivalent to the position from which the employee retired. The
retired employee is not eligible for employer-paid life
insurance. Eligibility ceases when the retired employee attains
the age of 65, or when the employee chooses not to receive the
retirement benefits for which the employee has applied, or when
the employee is eligible for employer-paid health insurance from
a new employer. Coverages must be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program.
(d) Unilateral implementation of this section by a public
employer is not an unfair labor practice for purposes of chapter
179A. The authority provided in this subdivision for an
employer to pay health insurance costs for certain retired
employees is not subject to the limits in section 179A.20,
subdivision 2a.
(e) If a school district levies according to this
subdivision, it may not also levy according to section 122.531,
subdivision 9, for eligible employees.
Sec. 30. Minnesota Statutes 1996, section 124.916,
subdivision 2, is amended to read:
Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.] For taxes
payable in 1996, 1997, 1998, and 1999 only, a school district
may levy an amount up to the amount the district is required by
the collective bargaining agreement in effect on March 30, 1992,
to pay for health insurance or unreimbursed medical expenses for
licensed and nonlicensed employees who have terminated services
in the employing district and withdrawn from active teaching
service or other active service, as applicable, before July 1,
1992. The total amount of the levy each year may not exceed
$300,000.
Notwithstanding section 121.904, 50 percent of the proceeds
of this levy shall be recognized in the fiscal year in which it
is certified.
Sec. 31. Minnesota Statutes 1996, section 124.916,
subdivision 3, is amended to read:
Subd. 3. [RETIREMENT LEVIES.] (1) In addition to the
excess levy authorized in 1976 any district within a city of the
first class which was authorized in 1975 to make a retirement
levy under Minnesota Statutes 1974, section 275.127 and chapter
422A may levy an amount per pupil unit which is equal to the
amount levied in 1975 payable 1976, under Minnesota Statutes
1974, section 275.127 and chapter 422A, divided by the number of
pupil units in the district in 1976-1977.
(2) In 1979 and each year thereafter, any district which
qualified in 1976 for an extra levy under paragraph (1) shall be
allowed to levy the same amount as levied for retirement in 1978
under this clause reduced each year by ten percent of the
difference between the amount levied for retirement in 1971
under Minnesota Statutes 1971, sections 275.127 and 422.01 to
422.54 and the amount levied for retirement in 1975 under
Minnesota Statutes 1974, section 275.127 and chapter 422A.
(3) In 1991 and each year thereafter, a district to which
this subdivision applies may levy an additional amount required
for contributions to the Minneapolis employees retirement fund
as a result of the maximum dollar amount limitation on state
contributions to the fund imposed under section 422A.101,
subdivision 3. The additional levy shall not exceed the most
recent amount certified by the board of the Minneapolis
employees retirement fund as the district's share of the
contribution requirement in excess of the maximum state
contribution under section 422A.101, subdivision 3.
(4) For taxes payable in 1994 and thereafter, special
school district No. 1, Minneapolis, and independent school
district No. 625, St. Paul, may levy for the increase in the
employer retirement fund contributions, under Laws 1992, chapter
598, article 5, section 1. Notwithstanding section 121.904, the
entire amount of this levy may be recognized as revenue for the
fiscal year in which the levy is certified. This levy shall not
be considered in computing the aid reduction under section
124.155.
(5) If the employer retirement fund contributions under
section 354A.12, subdivision 2a, are increased for fiscal year
1994 or later fiscal years, special school district No. 1,
Minneapolis, and independent school district No. 625, St. Paul,
may levy in payable 1994 or later an amount equal to the amount
derived by applying the net increase in the employer retirement
fund contribution rate of the respective teacher retirement fund
association between fiscal year 1993 and the fiscal year
beginning in the year after the levy is certified to the total
covered payroll of the applicable teacher retirement fund
association. Notwithstanding section 121.904, the entire amount
of this levy may be recognized as revenue for the fiscal year in
which the levy is certified. This levy shall not be considered
in computing the aid reduction under section 124.155. If an
applicable school district levies under this paragraph, they may
not levy under paragraph (4).
(6) In addition to the levy authorized under paragraph (5),
special school district No. 1, Minneapolis, may also levy
payable in 1997 or later an amount equal to the contributions
under section 423A.02, subdivision 3, and may also levy in
payable 1994 or later an amount equal to the state aid
contribution under section 354A.12, subdivision 3b. Independent
school district No. 625, St. Paul, may levy payable in 1997 or
later an amount equal to the supplemental contributions under
section 423A.02, subdivision 3. Notwithstanding section
121.904, the entire amount of these levies may be recognized as
revenue for the fiscal year in which the levy is certified.
These levies shall not be considered in computing the aid
reduction under section 124.155.
Sec. 32. Minnesota Statutes 1996, section 124.918,
subdivision 6, is amended to read:
Subd. 6. [ADJUSTMENTS FOR LAW CHANGES.] Whenever a change
enacted in law changes the levy authority for a school district
or an intermediate school district for a fiscal year after the
levy for that fiscal year has been certified by the district
under section 275.07, the department of children, families, and
learning shall adjust the next levy certified by the district by
the amount of the change in levy authority for that fiscal year
resulting from the change. Notwithstanding section 121.904, the
entire amount for fiscal year 1992 and 50 percent for fiscal
years thereafter of the levy adjustment must be recognized as
revenue in the fiscal year the levy is certified, if sufficient
levy resources are available under generally accepted accounting
principles in the district fund where the adjustment is to
occur. School districts that do not have sufficient levy
resources available in the fund where the adjustment is to occur
shall recognize in the fiscal year the levy is certified an
amount equal to the levy resources available. The remaining
adjustment amount shall be recognized as revenue in the fiscal
year after the levy is certified.
Sec. 33. Minnesota Statutes 1996, section 124A.03,
subdivision 1c, is amended to read:
Subd. 1c. [REFERENDUM ALLOWANCE LIMIT.] Notwithstanding
subdivision 1b, a district's referendum allowance must not
exceed the greater of:
(1) the district's referendum allowance for fiscal year
1994; or
(2) 25 percent of the formula allowance minus $300 for
fiscal year 1997 and later; or
(3) for a newly reorganized district created after July 1,
1994, the sum of the referendum revenue authority for the
reorganizing districts for the fiscal year preceding the
reorganization, divided by the sum of the actual pupil units of
the reorganizing districts for the fiscal year preceding the
reorganization.
Sec. 34. Minnesota Statutes 1996, section 124A.03,
subdivision 1g, is amended to read:
Subd. 1g. [REFERENDUM EQUALIZATION LEVY.] (a) For fiscal
year 1996, a district's referendum equalization levy equals the
district's referendum equalization revenue times the lesser of
one or the ratio of the district's adjusted net tax capacity per
actual pupil unit to 100 percent of the equalizing factor as
defined in section 124A.02, subdivision 8.
(b) For fiscal year 1997 1999 and thereafter, a district's
referendum equalization levy for a referendum levied against the
referendum market value of all taxable property as defined in
section 124A.02, subdivision 3b, equals the district's
referendum equalization revenue times the lesser of one or the
ratio of the district's referendum market value per actual pupil
unit to $476,000.
(c) (b) For fiscal year 1997 1999 and thereafter, a
district's referendum equalization levy for a referendum levied
against the net tax capacity of all taxable property equals the
district's referendum equalization revenue times the lesser of
one or the ratio of the district's adjusted net tax capacity per
actual pupil unit to 100 percent of the equalizing factor for
that year $10,000.
Sec. 35. Minnesota Statutes 1996, section 124A.04,
subdivision 2, is amended to read:
Subd. 2. [1993 1999 AND LATER.] The training and
experience index for fiscal year 1999 and later must be
constructed in the following manner:
(a) The department shall construct a matrix that classifies
teachers by the extent of training received in accredited
institutions of higher education and by the years of experience
that districts take into account in determining teacher salaries.
(b) The average salary for each cell of the matrix must be
computed as follows using data from the second year of the
previous biennium fiscal year 1997:
(1) For each school district, multiply the salary paid to
full-time equivalent teachers with that combination of training
and experience according to the district's teacher salary
schedule by the number of actual pupil units in that district.
(2) Add the amounts computed in clause (1) for all
districts in the state and divide the resulting sum by the total
number of actual pupil units in all districts in the state that
employ teachers.
(c) For each cell in the matrix, compute the ratio of the
average salary in that cell to the average salary for all
teachers in the state during fiscal year 1997.
(d) The index for each district that employs teachers
equals the sum of: (i) for teachers employed in that district
during fiscal year 1997 and the current fiscal year, the ratios
for each teacher computed using data for fiscal year 1997; and
(ii) for teachers employed in that district during the current
fiscal year but not during fiscal year 1997, the ratio for
teachers who are in their first year of teaching and who have no
additional credits or degrees above a bachelor's degree divided
by the number of teachers in that district. The index for a
district that employs no teachers is zero.
Sec. 36. Minnesota Statutes 1996, section 124A.22,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal
year 1996, the general education revenue for each district
equals the sum of the district's basic revenue, compensatory
education revenue, training and experience revenue, secondary
sparsity revenue, elementary sparsity revenue, and supplemental
revenue.
(b) For fiscal year years 1997 and thereafter 1998, the
general education revenue for each district equals the sum of
the district's basic revenue, compensatory education revenue,
secondary sparsity revenue, elementary sparsity revenue,
transportation sparsity revenue, total operating capital
revenue, transition revenue, and supplemental revenue.
(b) For fiscal year 1999 and thereafter, the general
education revenue for each district equals the sum of the
district's basic revenue, basic skills revenue, training and
experience revenue, secondary sparsity revenue, elementary
sparsity revenue, transportation sparsity revenue, total
operating capital revenue, transition revenue, and supplemental
revenue.
Sec. 37. Minnesota Statutes 1996, section 124A.22,
subdivision 2, as amended by Laws 1997, chapter 1, section 4, is
amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the actual pupil
units for the school year. The formula allowance for fiscal
year 1995 is $3,150. The formula allowance for fiscal year 1996
is $3,205. The formula allowance for fiscal year 1997 and
subsequent fiscal years is $3,505. The formula allowance for
fiscal year 1998 is $3,581 and the formula allowance for fiscal
year 1999 and subsequent fiscal years is $3,530.
Sec. 38. Minnesota Statutes 1996, section 124A.22,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATORY EDUCATION REVENUE.] The
compensatory education revenue for each building in the district
equals the formula allowance less $300 times the AFDC
compensation revenue pupil units computed according to section
124.17, subdivision 1d. Revenue shall be paid to the district
and must be allocated according to section 124A.28, subdivision
1a.
Sec. 39. Minnesota Statutes 1996, section 124A.22, is
amended by adding a subdivision to read:
Subd. 3a. [BASIC SKILLS REVENUE.] For fiscal year 1999 and
thereafter, a school district's basic skills revenue equals the
sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue according to
section 124.273, subdivision 1g; plus
(3) $190 times the limited English proficiency pupil units
according to section 124.17, subdivision 7; plus
(4) the lesser of: (i) $22.50 times the number of fund
balance pupil units in kindergarten to grade 8; or (ii) the
amount of district money provided to match basic skills revenue
for the purposes described in section 124A.28.
Sec. 40. Minnesota Statutes 1996, section 124A.22,
subdivision 6, is amended to read:
Subd. 6. [SECONDARY SPARSITY REVENUE.] (a) A district's
secondary sparsity revenue for a school year equals the sum of
the results of the following calculation for each qualifying
high school in the district:
(1) the formula allowance for the school year less $300,
multiplied by
(2) the secondary average daily membership of the high
school, multiplied by
(3) the quotient obtained by dividing 400 minus the
secondary average daily membership by 400 plus the secondary
daily membership, multiplied by
(4) the lesser of 1.5 or the quotient obtained by dividing
the isolation index minus 23 by ten.
(b) A newly formed school district that is the result of
districts combining under the cooperation and combination
program or consolidating under section 122.23 shall receive
secondary sparsity revenue equal to the greater of: (1) the
amount calculated under paragraph (a) for the combined district;
or (2) the sum of the amounts of secondary sparsity revenue the
former school districts had in the year prior to consolidation,
increased for any subsequent changes in the secondary sparsity
formula.
Sec. 41. Minnesota Statutes 1996, section 124A.22,
subdivision 6a, is amended to read:
Subd. 6a. [ELEMENTARY SPARSITY REVENUE.] A district's
elementary sparsity revenue equals the sum of the following
amounts for each qualifying elementary school in the district:
(1) the formula allowance for the year less $300,
multiplied by
(2) the elementary average daily membership of the school,
multiplied by
(3) the quotient obtained by dividing 140 minus the
elementary average daily membership by 140 plus the average
daily membership.
Sec. 42. Minnesota Statutes 1996, section 124A.22,
subdivision 8a, is amended to read:
Subd. 8a. [SUPPLEMENTAL LEVY.] To obtain supplemental
revenue, a district may levy an amount not more than the product
of its supplemental revenue for the school year times the lesser
of one or the ratio of its general education levy to its general
education revenue, excluding transition revenue and supplemental
revenue, for the same year adjusted net tax capacity per actual
pupil unit to $10,000.
Sec. 43. Minnesota Statutes 1996, section 124A.22,
subdivision 13, is amended to read:
Subd. 13. [TRANSPORTATION SPARSITY DEFINITIONS.] The
definitions in this subdivision apply to subdivisions 13a and
13b.
(a) "Sparsity index" for a school district means the
greater of .2 or the ratio of the square mile area of the school
district to the actual pupil units of the school district.
(b) "Density index" for a school district means the ratio
of the square mile area of the school district to the actual
pupil units of the school district. However, the density index
for a school district cannot be greater than .2 or less than
.005.
(c) "Fiscal year 1996 base allowance" for a school district
means the result of the following computation:
(1) sum the following amounts:
(i) the fiscal year 1996 regular transportation revenue for
the school district according to section 124.225, subdivision
7d, paragraph (a), excluding the revenue attributable nonpublic
school pupils and to pupils with disabilities receiving special
transportation services; plus
(ii) the fiscal year 1996 nonregular transportation revenue
for the school district according to section 124.225,
subdivision 7d, paragraph (b), excluding the revenue for
desegregation transportation according to section 124.225,
subdivision 1, paragraph (c), clause (4), and the revenue
attributable to nonpublic school pupils and to pupils with
disabilities receiving special transportation services or board
and lodging; plus
(iii) the fiscal year 1996 excess transportation levy for
the school district according to section 124.226, subdivision 5,
excluding the levy attributable to nonpublic school pupils; plus
(iv) the fiscal year 1996 late activity bus levy for the
school district according to section 124.226, subdivision 9,
excluding the levy attributable to nonpublic school pupils; plus
(v) an amount equal to one-third of the fiscal year 1996
bus depreciation for the school district according to section
124.225, subdivision 1, paragraph (b), clauses (2), (3), and (4).
(2) divide the result in clause (1) by the school districts
district's 1995-1996 actual fund balance pupil units.
Sec. 44. Minnesota Statutes 1996, 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
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 and later 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 and later is greater than or equal
to the fiscal year 1996 base allowance, the transportation
transition allowance equals zero.
(c) (b) For fiscal years 1997 and 1998, a district's
training and experience transition allowance is equal to the
training and experience revenue the district would have received
under Minnesota Statutes 1994, section 124A.22, subdivision 4,
divided by the actual pupil units for fiscal year 1997 minus
$130. For fiscal year 1999 and later, a district's training and
experience transition allowance equals zero.
If the training and experience transition allowance is less
than zero, the reduction shall be determined according to the
following schedule:
(i) (1) for fiscal year 1997, the reduction is equal to .9
times the amount initially determined;
(ii) (2) for fiscal year 1998, the reduction is equal to
.75 times the amount initially determined; and
(iii) for fiscal year 1999, the reduction is equal to .50
times the amount initially determined;
(iv) for fiscal year 2000, the reduction is equal to .25
times the amount initially determined; and
(v) for fiscal year 2001 and thereafter, the transition
allowance shall not be less than zero
(c) A district's transition compensatory allowance equals
the greater of zero or the difference between:
(1) the amount of compensatory revenue the district would
have received under subdivision 3 for fiscal year 1998 computed
using a basic formula allowance of $3,281; and
(2) the amount the district receives under subdivision 3;
divided by
(3) the district's actual pupil units for fiscal year 1998.
(d) A district's transition allowance for fiscal year 1997
and thereafter 1998 is equal to the sum of its transportation
transition allowance and, its training and experience transition
allowance, and its transition compensatory allowance. A
district's transition allowance for fiscal year 1999 and
thereafter is equal to the sum of its transportation transition
allowance and its transition compensatory allowance.
Sec. 45. Minnesota Statutes 1996, section 124A.22,
subdivision 13d, is amended to read:
Subd. 13d. [TRANSITION LEVY ADJUSTMENT.] A district's
general education levy shall be adjusted by an amount equal to
the district's transition revenue times the lesser of 1 or the
ratio of the district's general education levy to its general
education revenue, excluding transition revenue and supplemental
revenue its adjusted net tax capacity per actual pupil unit to
$10,000.
Sec. 46. Minnesota Statutes 1996, section 124A.23,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX RATE.] The
commissioner shall establish the general education tax rate by
July 1 of each year for levies payable in the following year.
The general education tax capacity rate shall be a rate, rounded
up to the nearest tenth hundredth of a percent, that, when
applied to the adjusted net tax capacity for all districts,
raises the amount specified in this subdivision. The general
education tax rate shall be the rate that raises $1,054,000,000
for fiscal year 1996 and $1,359,000,000 for fiscal year 1997
1998 and $1,385,500,000 for fiscal year 1999 and later fiscal
years. The general education tax rate may not be changed due to
changes or corrections made to a district's adjusted net tax
capacity after the tax rate has been established. If the levy
target for fiscal year 1999 is changed by another law enacted
during the 1997 session, the commissioner shall reduce the
target in this bill by the amount of the reduction in the
enacted law.
Sec. 47. Minnesota Statutes 1996, section 124A.23,
subdivision 2, is amended to read:
Subd. 2. [GENERAL EDUCATION LEVY.] To obtain general
education revenue, excluding transition revenue and supplemental
revenue, a district may levy an amount not to exceed the general
education tax rate times the adjusted net tax capacity of the
district for the preceding year. If the amount of the general
education levy would exceed the general education revenue,
excluding supplemental revenue, the general education levy shall
be determined according to subdivision 3.
Sec. 48. Minnesota Statutes 1996, section 124A.23,
subdivision 3, is amended to read:
Subd. 3. [GENERAL EDUCATION LEVY; DISTRICTS OFF THE
FORMULA.] If the amount of the general education levy for a
district exceeds the district's general education revenue,
excluding training and experience transition revenue and
supplemental revenue, the amount of the general education levy
shall be limited to the following:
(1) the district's general education revenue, excluding
training and experience transition revenue and supplemental
revenue; plus
(2) the amount of the aid reduction for the same school
year according to section 124A.24; minus
(3) payments made for the same school year according to
section 124A.035, subdivision 4.
For purposes of statutory cross-reference, a levy made
according to this subdivision shall be construed to be the levy
made according to subdivision 2.
Sec. 49. Minnesota Statutes 1996, section 124A.23,
subdivision 5, is amended to read:
Subd. 5. [USES OF REVENUE.] Except as provided in
section sections 124A.22, subdivision 11; 124A.225; and 124A.28,
general education revenue may be used during the regular school
year and the summer for general and special school purposes.
Sec. 50. Minnesota Statutes 1996, section 124A.26,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE REDUCTION FUND BALANCE PUPIL UNIT
DEFINITION.] A district's general education revenue for a school
year shall be reduced if the estimated net unappropriated
operating fund balance as of June 30 in the prior school year
exceeds 25 percent of the formula allowance for the current
fiscal year times the fund balance pupil units in the prior
year. For purposes of this subdivision and section 124.243,
subdivision 2, Fund balance pupil units means the number of
resident pupil units in average daily membership, including
shared time pupils, according to section 124A.02, subdivision
20, plus
(1) pupils attending the district for which general
education aid adjustments are made according to section
124A.036, subdivision 5; minus
(2) the sum of the resident pupils attending other
districts for which general education aid adjustments are made
according to section 124A.036, subdivision 5, plus pupils for
whom payment is made according to section 126.22, subdivision 8,
or 126.23. The amount of the reduction shall equal the lesser
of:
(1) the amount of the excess, or
(2) $250 times the actual pupil units for the school year.
The final adjustment payments made under section 124.195,
subdivision 6, must be adjusted to reflect actual net operating
fund balances as of June 30 of the prior school year.
Sec. 51. Minnesota Statutes 1996, section 124A.28, is
amended to read:
124A.28 [COMPENSATORY EDUCATION REVENUE.]
Subdivision 1. [USE OF THE REVENUE.] The compensatory
education revenue under section 124A.22, subdivision 3, must be
used to meet the educational needs of pupils whose educational
achievement progress toward meeting state or local content or
performance standards is below the level that is appropriate for
pupils learners of their age. These needs may be met by
providing the Any of the following may be provided to meet these
learners' needs:
(1) direct instructional services under the assurance of
mastery program according to section 124.311 124.3111;
(2) remedial instruction in reading, language arts, and
mathematics, other content areas, or study skills to improve the
achievement level of these pupils learners;
(3) additional teachers and teacher aides to provide more
individualized instruction to these pupils learners through
individual tutoring, lower instructor-to-learner ratios, or team
teaching;
(4) summer programs that enable these pupils to improve
their achievement or that reemphasize material taught during the
regular school year a longer school day or week during the
regular school year or through a summer program that may be
offered directly by the site or under a performance-based
contract with a community-based organization;
(5) in-service education comprehensive and ongoing staff
development consistent with district and site plans according to
section 126.70, for teachers, teacher aides, principals, and
other personnel to improve their ability to recognize identify
the needs of these pupils learners and provide
appropriate responses to the pupils' needs remediation,
intervention, accommodations, or modifications;
(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 materials and technology appropriate for meeting the
individual needs of these learners;
(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;
(8) bilingual programs, bicultural programs, and programs
for pupils learners of limited English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs;
and
(11) substantial parent involvement in developing and
implementing remedial education or intervention plans for a
learner, including learning contracts between the school, the
learner, and the parent that establish achievement goals and
responsibilities of the learner and the learner's parent or
guardian; and
(12) other methods to increase achievement, as needed.
Subd. 1a. [BUILDING ALLOCATION.] A district must consider
the concentration of children from low-income families
in allocate revenue to each school building in the district when
allocating compensatory revenue where the children who have
generated the revenue are served.
If the pupil is served at a site other than one owned and
operated by the district, the revenue shall be paid to the
district and used for services for pupils who generate the
revenue.
Subd. 1b. [RECOMMENDATION.] A school site decision-making
team, as defined in section 123.951, subdivision 3, paragraph
(a), or the instruction and curriculum advisory committee under
section 123.972, if the school has no school site decision team,
shall recommend how the revenue will be used to carry out the
purpose of this section.
Subd. 2. [SEPARATE ACCOUNTS.] Each district that receives
compensatory education revenue shall maintain separate accounts
to identify expenditures for salaries and programs related to
this basic skills revenue.
Subd. 3. [ANNUAL EXPENDITURE REPORT.] Each year a district
that receives compensatory education revenue shall submit a
report identifying the expenditures it incurred in providing
compensatory education to the pupils described in to meet the
needs of eligible learners under subdivision 1. The report must
conform to uniform financial and reporting standards established
for this purpose.
Sec. 52. Laws 1991, chapter 265, article 1, section 30, as
amended by Laws 1993, chapter 224, article 8, section 19, is
amended to read:
Sec. 30. [BADGER SCHOOL DISTRICT FUND BALANCE.]
If independent school district No. 676, Badger, receives
payment of delinquent property taxes from one taxpayer and the
payment is more than five percent of the total property taxes
paid in the fiscal year in which the payment is received,
general education revenue for the district shall not be reduced
according to Minnesota Statutes, section 124A.26, subdivision 1,
for an excess fund balance attributed to the payment for the
following five ten fiscal years.
Sec. 53. Laws 1995, First Special Session chapter 3,
article 1, section 56, is amended to read:
Sec. 56. [SUPPLEMENTAL REVENUE REDUCTION.]
For fiscal years 1996 1998 and 1997 1999, if a district's
ratio of 1992 adjusted net tax capacity divided by 1994-1995
actual pupil units to $9,025 is less than or equal to .25, then
the difference under Minnesota Statutes, section 124A.22,
subdivision 9, clause (2), is equal to $25 $0 for purposes of
computing the district's supplemental revenue under Minnesota
Statutes, section 124A.22, subdivision 8. For purposes of
computing the referendum allowance reduction under Minnesota
Statutes, section 124A.03, subdivision 3b, the supplemental
revenue reduction shall be computed according to Minnesota
Statutes, section 124A.22, subdivision 9.
Sec. 54. Laws 1995, First Special Session chapter 3,
article 2, section 52, is amended to read:
Sec. 52. [TRANSPORTATION AIDS AND LEVIES; SUSPENSION.]
Minnesota Statutes 1994, sections 124.225, subdivisions 1,
3a, 7a, 7b, 7d, 7e, 8a, 8k, 8m, and 10; and 124.226,
subdivisions 1, 2, 3a, 4, 5, 6, 7, and 8, do not apply to aids
payable in fiscal years 1997 and 1998 or to levies made in 1995
and 1996 for taxes payable in 1996 and 1997.
Sec. 55. [RESTORATION OF REVENUE LOST TO FUND BALANCE
REDUCTION; MADELIA.]
Subdivision 1. [AID ADJUSTMENT.] Notwithstanding Minnesota
Statutes, section 124A.26, subdivision 3, general education aid
for independent school district No. 837, Madelia, shall not be
reduced for fiscal year 1997.
Subd. 2. [LEVY ADJUSTMENT.] Independent school district No.
837, Madelia, may make a positive levy adjustment for taxes
payable in 1998 equal to the amount of the general education
levy reduction required under Minnesota Statutes, section
124A.26, subdivision 2, attributed to fiscal year 1997.
Sec. 56. [RESTORATION OF REVENUE LOST TO FUND BALANCE
REDUCTION; HERMAN-NORCROSS.]
Subdivision 1. [AID ADJUSTMENT.] Notwithstanding Minnesota
Statutes, section 124A.26, subdivision 3, general education aid
for independent school district No. 264, Herman-Norcross, shall
not be reduced for fiscal year 1997.
Subd. 2. [LEVY ADJUSTMENT.] Independent school district No.
264, Herman-Norcross, may make a positive levy adjustment for
taxes payable in 1998 equal to the amount of the general
education levy reduction required under Minnesota Statutes,
section 124A.26, subdivision 2, attributed to fiscal year 1997.
Sec. 57. [LEVY ADJUSTMENT ATTRIBUTABLE TO THE REPEAL OF
THE K-12 APPROPRIATIONS CAPS.]
Notwithstanding Minnesota Statutes, section 124.918,
subdivision 6, a school district may spread any positive
referendum levy adjustments for fiscal year 1998 resulting from
the enactment of Laws 1997, chapter 1, over a three-year period
beginning with taxes payable in 1998.
Sec. 58. [BUS PURCHASE LEVY.]
For 1997 taxes payable in 1998, a school district may levy
the amount necessary to eliminate the deficit in the reserved
fund balance account for bus purchases in its transportation
fund as of June 30, 1996.
Sec. 59. [LEP CONCENTRATION AID; FISCAL YEAR 1998.]
For fiscal year 1998 only, a school district's LEP revenue
under Minnesota Statutes, section 124.273, subdivision 1g, is
increased by $190 times the district's LEP pupil units
determined according to article 2, section 3.
Sec. 60. [COMPENSATORY REVENUE GROWTH LIMIT.]
For fiscal years 1998 and 1999, the commissioner shall
limit the growth in compensatory revenue a district receives
according to this article. The commissioner shall compare the
compensatory revenue a district receives under the changes in
section 12 with the compensatory revenue per pupil unit a
district would have received if section 12 had not been
enacted. A district may not receive an increase in compensatory
revenue in excess of $300 per pupil unit.
Sec. 61. [SCHOOL DISTRICT LEVY ADJUSTMENTS.]
Subdivision 1. [REVENUE CONVERSION.] The commissioner of
children, families, and learning shall adjust each school
district's revenue authority that is established as a rate times
net tax capacity or adjusted net tax capacity under Minnesota
Statutes, chapters 124 and 124A, by multiplying each revenue
amount by the ratio of the statewide tax capacity as calculated
using the class rates in effect for assessment year 1996 to the
statewide tax capacity using the class rates for that assessment
year.
Subd. 2. [TAX RATE ADJUSTMENT.] The commissioner shall
adjust each tax rate established under Minnesota Statutes,
chapters 124 and 124A, by multiplying the rate by the ratio of
the statewide tax capacity as calculated using the class rates
in effect for assessment year 1996 to the statewide tax capacity
using the class rates for that assessment year.
Subd. 3. [EQUALIZING FACTORS.] The commissioner shall
adjust each equalizing factor established under Minnesota
Statutes, chapters 124 and 124A, by dividing the equalizing
factor by the ratio of the statewide tax capacity as calculated
using the class rates in effect for assessment year 1996 to the
statewide tax capacity using the class rates for that assessment
year.
Subd. 4. [QUALIFYING RATE.] The commissioner shall adjust
the qualifying rate under section 124.95, subdivision 3, by
multiplying the qualifying rate times the ratio of the statewide
tax capacity, as calculated using the class rates in effect for
assessment year 1996, to the statewide tax capacity using the
class rates for that assessment year.
Sec. 62. [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 years designated.
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
general and supplemental education aid:
$2,584,703,000 ..... 1998
$2,698,990,000 ..... 1999
The 1998 appropriation includes $227,499,000 for 1997 and
$2,357,204,000 for 1998.
The 1999 appropriation includes $247,099,000 for 1998 and
$2,451,891,000 for 1999.
Of the 1998 appropriation, the first $113,800,000 is from
the education aids reserve of the general fund.
Subd. 3. [TRANSPORTATION SAFETY.] For student
transportation safety aid according to Minnesota Statutes,
section 124.225, subdivision 8m:
$1,430,000 ..... 1998
$1,458,000 ..... 1999
The 1998 appropriation includes $129,000 for 1997 and
$1,301,000 for 1998.
The 1999 appropriation includes $144,000 for 1998 and
$1,314,000 for 1999.
Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
transportation of pupils attending post-secondary institutions
according to Minnesota Statutes, section 123.3514, or for
transportation of pupils attending nonresident districts
according to Minnesota Statutes, section 120.062:
$102,000 ..... 1998
$102,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [WIDE AREA TRANSPORTATION SERVICE PILOT PROJECT.]
To expand the wide area transportation service project:
$170,000 ..... 1998
$ 50,000 ..... 1999
Of the amount in fiscal year 1998, $70,000 is for a grant
to the Minnesota river valley special education cooperative for
a computerized routing system.
The purpose is to expand the project for the computerized
mapping and scheduling programs for school districts to jointly
provide transportation services for low-incidence programs. The
department shall work with representatives of the affected
programs, transportation managers from both metropolitan and
rural districts, and the metropolitan council. The department
shall contract for services and provide oversight. The
department must report to the education committees of the
legislature by February 15, 1998, on the operation of the wide
area transportation service project, including details regarding
whether the project is meeting its objectives and any problems
related to the service provided by the project. The project
shall consider the relationship of education transportation with
transportation services provided by noneducation agencies.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 6. [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION GRANTS.] For interdistrict desegregation or
integration transportation grants under Minnesota Statutes,
section 124.227:
$800,000 ..... 1998
$970,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [TARGETED NEEDS TRANSPORTATION AID.] For aid
payments for targeted needs transportation aid under Minnesota
Statutes, section 124.225, subdivisions 13 and 16:
$76,195,000 ..... 1998
$24,303,000 ..... 1999
The 1998 appropriation includes $7,148,000 for 1997 and
$69,047,000 for 1998.
The 1999 appropriation includes $7,671,000 for 1998 and
$16,632,000 for 1999.
Subd. 8. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 124.83, subdivision
5:
$14,081,000 ..... 1998
$14,179,000 ..... 1999
The 1998 appropriation includes $1,132,000 for 1997 and
$12,949,000 for 1998.
The 1999 appropriation includes $1,438,000 for 1998 and
$12,741,000 for 1999.
Subd. 9. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 124.95, subdivision 5:
$35,480,000 ..... 1998
$38,159,000 ..... 1999
The 1998 appropriation includes $3,313,000 for 1997 and
$32,167,000 for 1998.
The 1999 appropriation includes $3,574,000 for 1998 and
$34,585,000 for 1999.
Subd. 10. [SHIFT SIMPLIFIED.] For additional general
education aid for simplifying the property tax recognition shift
under this article:
$18,700,000 ..... 1998
Sec. 63. [REPEALER.]
(a) Minnesota Statutes 1996, sections 121.904, subdivision
4d; 121.912, subdivision 7; and 124A.26, subdivisions 1a, 2, 3,
4, and 5, are repealed.
(b) Minnesota Statutes 1996, sections 124.223; 124.225,
subdivisions 3a, 7a, 7b, 7d, 7e, 8a, 8k, and 10; and 124A.22,
subdivisions 4a and 4b, are repealed effective July 1, 1997.
(c) Minnesota Statutes 1996, sections 124.226; and 124.912,
subdivisions 2 and 3, are repealed effective for revenue for
fiscal year 1999.
Sec. 64. [EFFECTIVE DATE.]
(a) Sections 2, 11, 29, 30, 32, and 43 are effective for
revenue for fiscal year 1997.
(b) Sections 42 and 45 are effective for fiscal year 1999.
(c) If this act is enacted on or after July 1, 1997, all
sections in this article except for those sections listed in
paragraphs (a) and (b) are effective the day following final
enactment.
ARTICLE 2
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 1996, section 120.1701,
subdivision 3, is amended to read:
Subd. 3. [STATE INTERAGENCY COORDINATING COUNCIL.] An
interagency coordinating council of at least 17, but not more
than 25 members is established, in compliance with Public Law
Number 102-119, section 682. The members shall be appointed by
the governor. Council members shall elect the council chair.
The representative of the commissioner of children, families,
and learning may not serve as the chair. The council shall be
composed of at least five parents, including persons of color,
of children with disabilities under age 12, including at least
three parents of a child with a disability under age seven, five
representatives of public or private providers of services for
children with disabilities under age five, including a special
education director, county social service director, and a
community health services or public health nursing
administrator, one member of the senate, one member of the house
of representatives, one representative of teacher preparation
programs in early childhood-special education or other
preparation programs in early childhood intervention, at least
one representative of advocacy organizations for children with
disabilities under age five, one physician who cares for young
children with special health care needs, one representative each
from the commissioners of commerce, children, families, and
learning, health, human services, and economic security, and a
representative from Indian health services or a tribal council.
Section 15.059, subdivisions 2 to 5, apply to the council. The
council shall meet at least quarterly.
The council shall address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for children with disabilities and their
families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for children under age five with
disabilities and their families. The policies must address how
to incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.
Each year by June 1, the council shall recommend to the
governor and the commissioners of children, families, and
learning, health, human services, commerce, and economic
security policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the state
interagency coordinating council shall expire on June 30, 1997
2001.
Sec. 2. Minnesota Statutes 1996, section 120.181, is
amended to read:
120.181 [PLACEMENT OF 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
when neither the pupil's parent or guardian resides within the
state and tuition has been denied, 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 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 disabled transportation category.
Sec. 3. Minnesota Statutes 1996, section 124.17, is
amended by adding a subdivision to read:
Subd. 7. [LEP PUPIL UNITS.] (a) Limited English
proficiency pupil units for fiscal year 1998 and thereafter
shall be determined according to this subdivision.
(b) The limited English proficiency concentration
percentage for a district equals the product of 100 times the
ratio of:
(1) the number of pupils of limited English proficiency
enrolled in the district during the current fiscal year; to
(2) the number of pupils in average daily membership
enrolled in the district.
(c) The limited English proficiency pupil units for each
pupil enrolled in a program for pupils of limited English
proficiency in accordance with sections 126.261 to 126.269
equals the lesser of one or the quotient obtained by dividing
the limited English proficiency concentration percentage for the
pupil's district of enrollment by 11.5.
(d) Limited English proficiency pupil units shall be
counted by the district of enrollment.
Sec. 4. Minnesota Statutes 1996, section 124.248,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH
PROFICIENCY AID.] Except as provided in subdivision 1a,
paragraph (b), special education aid shall be paid to a charter
school according to 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.
The districts of residence shall levy as though they were
participating in a cooperative, as provided in section 124.321,
subdivision 3.
Sec. 5. Minnesota Statutes 1996, section 124.2613,
subdivision 3, is amended to read:
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. Once a school
site is calculated to be eligible, it remains eligible for the
duration of the pilot program. 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.
Sec. 6. Minnesota Statutes 1996, section 124.2613,
subdivision 4, is amended to read:
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, a program for
participating children who are four years old, or a combination
of both. The program may offer as an option to families home
visits and other practices as appropriate, and may provide such
services with the consent of the parent or guardian. 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.
Sec. 7. Minnesota Statutes 1996, section 124.2613,
subdivision 6, is amended to read:
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 of children five years of age or older
enrolled in a kindergarten program at the site on October 1 of
the previous year times .53.
(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.
(c) A pupil enrolled in the first grade preparedness
program at a qualifying school site is eligible for
transportation under section 123.39, subdivision 1.
(d) First grade preparedness revenue paid to a charter
school for which a school district is providing transportation
according to section 120.064, subdivision 15, shall be decreased
by an amount equal to the product of $170 times the pupil units
calculated according to paragraph (a). This amount shall be
paid to the school district for transportation costs.
Sec. 8. Minnesota Statutes 1996, 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 base 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.
(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.
(c) If requested by a school district operating a limited
English proficiency program during the base year for less than
the full school year, the commissioner may adjust the base
revenue to reflect the expenditures that would have occurred
during the base year had the program been operated for the full
school year.
Sec. 9. Minnesota Statutes 1996, section 124.273,
subdivision 1e, is amended to read:
Subd. 1e. [AID.] A district's limited English proficiency
aid for fiscal year 1996 and later 1998 equals the aid
percentage factor under section 124.3201, subdivision 1, times
the district's limited English proficiency revenue.
Sec. 10. Minnesota Statutes 1996, section 124.273,
subdivision 1f, is amended to read:
Subd. 1f. [STATE TOTAL LEP REVENUE.] (a) The state total
limited English proficiency programs revenue for fiscal
year 1996 1998 equals $12,202,000 $14,629,000. The state total
limited English proficiency programs revenue for fiscal
year 1997 1999 equals $13,299,000 $16,092,000.
(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. 11. Minnesota Statutes 1996, section 124.273,
subdivision 5, is amended to read:
Subd. 5. [NOTIFICATION; AID PAYMENTS REVENUE.] The
department must promptly inform each applicant district of the
amount of aid revenue it will receive pursuant to this section.
Sec. 12. [124.3111] [ASSURANCE OF MASTERY PROGRAMS.]
Subdivision 1. [ELIGIBLE DISTRICTS.] A district with a
local process to review curriculum and instruction may provide
an assurance of mastery program to eligible pupils.
Subd. 2. [ELIGIBLE PUPILS.] A pupil is eligible to receive
services through an assurance of mastery program if the pupil
has not demonstrated progress toward mastering the required
graduation standards, after receiving instruction that was
designed to enable the pupil to make progress toward mastering
the required graduation standards in a regular classroom
setting. To determine pupil eligibility, a district must use a
process adopted by the school board to review curriculum and
instruction, for the subjects and at the grade level at which
the district uses the revenue.
Subd. 3. [ELIGIBLE SERVICES.] (a) Assurance of mastery
programs may provide direct instructional services to an
eligible pupil, or a group of eligible pupils, under the
following conditions in paragraphs (b) to (d).
(b) Instruction may be provided at one or more grade levels
from kindergarten to grade 8 and for students in grades 9
through 12 who have failed the basic skills tests. If an
assessment of pupils' needs within a district demonstrates that
the eligible pupils in grades kindergarten to grade 8 are being
appropriately served, a district may serve eligible pupils in
grades 9 to 12.
(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 124.3201.
(d) The instruction that is provided must differ from the
initial instruction the pupil received in the regular classroom
setting. The instruction may differ by presenting different
curriculum than was initially presented in the regular classroom
or by presenting the same curriculum:
(1) at a different rate or in a different sequence than it
was initially presented;
(2) using different teaching methods or techniques than
were used initially; or
(3) using different instructional materials than were used
initially.
Sec. 13. Minnesota Statutes 1996, section 124.312,
subdivision 4, is amended to read:
Subd. 4. [INTEGRATION REVENUE.] For fiscal year years
1996, 1997, and later fiscal years 1998, integration revenue
equals the sum of integration aid and integration levy under
section 124.912, subdivision 2.
Sec. 14. Minnesota Statutes 1996, section 124.312,
subdivision 5, is amended to read:
Subd. 5. [INTEGRATION AID.] For fiscal year years 1996,
1997, and later fiscal years 1998, integration aid equals the
following amounts:
(1) for independent school district No. 709, Duluth,
$1,385,000;
(2) for independent school district No. 625, St. Paul,
$8,090,700; and
(3) for special school district No. 1, Minneapolis,
$9,368,300.
Sec. 15. Minnesota Statutes 1996, section 124.313, is
amended to read:
124.313 [TARGETED NEEDS REVENUE.]
For fiscal year years 1996, 1997, and thereafter 1998, a
school district's targeted needs revenue equals the sum of:
(1) assurance of mastery revenue according to section
124.311; plus
(2) the district's limited English proficiency revenue
computed according to section 124.273, subdivision 1d; plus
(3) integration revenue computed according to section
124.312, subdivision 4.
Sec. 16. Minnesota Statutes 1996, section 124.314,
subdivision 1, is amended to read:
Subdivision 1. [AID.] For fiscal year years 1996, 1997,
and thereafter 1998, a school district's targeted needs aid
equals the sum of its assurance of mastery aid according to
section 124.311, its limited English proficiency aid according
to section 124.273, subdivision 1e, and its integration aid
according to section 124.312, subdivision 5.
Sec. 17. Minnesota Statutes 1996, section 124.314,
subdivision 2, is amended to read:
Subd. 2. [LEVY.] For fiscal year years 1996, 1997, and
thereafter 1998, 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. 18. [124.315] [INTEGRATION REVENUE.]
Subdivision 1. [USE OF THE REVENUE.] Integration revenue
under this section must be used for programs established under a
desegregation plan mandated by the state board or under court
order, to increase learning opportunities and reduce the
learning gap between learners living in high concentrations of
poverty and their peers.
Subd. 2. [SEPARATE ACCOUNT.] Integration revenue shall be
maintained in a separate account to identify expenditures for
salaries and programs related to this revenue.
Subd. 3. [INTEGRATION REVENUE.] For fiscal year 1999 and
later fiscal years, integration revenue equals the following
amounts:
(1) for independent school district No. 709, Duluth, $193
times the actual pupil units for the school year;
(2) for independent school district No. 625, St. Paul, $427
times the actual pupil units for the school year;
(3) for special school district No. 1, Minneapolis, $523
times the actual pupil units for the school year; and
(4) for a district not listed in clause (1), (2), or (3)
that is required to implement a plan according to the
requirements of Minnesota Rules, parts 3535.0200 to 3535.2200,
the lesser of the actual cost of implementing the plan during
the fiscal year or $93 times the actual pupil units for the
school year.
Subd. 4. [INTEGRATION LEVY.] A district may levy an amount
equal to 46 percent of the district's integration revenue as
defined in subdivision 3.
Subd. 5. [INTEGRATION AID.] A district's integration aid
equals 54 percent of the district's integration revenue as
defined in subdivision 3.
Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The
integration aid under subdivision 5 must be adjusted for each
pupil attending a nonresident district under sections 120.062,
120.075, 120.0751, 120.0752, and 124C.45 to 124C.48 if the
enrollment of the pupil in the nonresident district contributes
to desegregation or integration purposes. The adjustments must
be made according to this subdivision.
(b) Aid paid to the district of the pupil's residence must
be reduced by an amount equal to the revenue per actual pupil
unit of the resident district times the number of actual pupil
units attributable to the pupil for the time the pupil is
enrolled in a nonresident district.
(c) Aid paid to a district serving nonresidents must be
increased by an amount equal to the aid reduction to the
resident district under paragraphs (b) and (d).
(d) If the amount of the reduction to be made from the aid
of a district is greater than the amount of aid otherwise due
the district, the excess reduction must be made from other state
aids due the district.
Sec. 19. Minnesota Statutes 1996, 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 the 1994 summer program and the 1994-1995 school year.
Base year for 1998 and 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
2000 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 1996, section 124.3201,
subdivision 2, is amended to read:
Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] (a) 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; and
(7) for fiscal years 1999 and later, the cost of providing
transportation services for children with disabilities under
section 124.225, subdivision 1, paragraph (b), clause (4).
(b) If requested by a school district operating a special
education program during the base year for less than the full
school year, the commissioner may adjust the base revenue to
reflect the expenditures that would have occurred during the
base year had the program been operated for the full school year.
Sec. 21. Minnesota Statutes 1996, section 124.3201,
subdivision 3, is amended to read:
Subd. 3. [ADJUSTED SPECIAL EDUCATION BASE REVENUE.] For
fiscal year 1996 1997 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. 22. Minnesota Statutes 1996, section 124.3201,
subdivision 4, is amended to read:
Subd. 4. [STATE TOTAL SPECIAL EDUCATION REVENUE.] The
state total special education revenue for fiscal year 1996 1998
equals $327,846,000 $358,542,000. The state total special
education revenue for fiscal year 1997 1999 equals
$347,810,000 $435,322,000. The state total special education
revenue for later fiscal years equals:
(1) the state total special education revenue for the
preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.
Sec. 23. Minnesota Statutes 1996, section 124.321,
subdivision 1, is amended to read:
Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal
years 1996 and later year 1999, special education levy
equalization revenue for a school district, excluding an
intermediate school district, equals the sum of the following
amounts:
(1) the levy percentage factor for that year times the
district's special education revenue under section 124.3201;
plus
(2) the levy percentage factor for that year times the
district's special education summer program revenue under
section 124.3202; plus
(3) the levy percentage factor for that year times the
district's special education excess cost revenue under section
124.323; plus
(4) the levy percentage factor for that year times the
district's secondary vocational education for children with a
disability revenue under section 124.574; plus
(5) the levy percentage factor for that year times the
district's limited English proficiency programs revenue under
section 124.273.
Sec. 24. Minnesota Statutes 1996, 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, and transportation services
eligible for revenue under sections 124.3201 and 124.3202; 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;
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. 25. Minnesota Statutes 1996, section 124.323,
subdivision 2, is amended to read:
Subd. 2. [EXCESS COST REVENUE.] For 1996 1997 and later
fiscal years, a district's special education excess cost revenue
equals 70 the greatest of:
(a) 70 percent of the difference between (1) the district's
unreimbursed special education cost and (2) six percent for
fiscal year 1996 and 5.7 percent for fiscal year 1997 and later
years of the district's general revenue;
(b) 70 percent of the difference between (1) the increase
in the district's unreimbursed special education cost between
the base year as defined in section 124.3201, subdivision 1, and
the current year and (2) 1.6 percent of the district's general
revenue; or
(c) zero.
Sec. 26. Minnesota Statutes 1996, section 124.481, is
amended to read:
124.481 [INDIAN POST-SECONDARY PREPARATION GRANTS.]
The state board of education, with the advice of the
Minnesota Indian scholarship committee, may make grants to
school districts or tribal grant or contract schools to support
post-secondary preparation for secondary pupils who are of
one-fourth or more Indian ancestry and who, in the opinion of
the superintendent, have the capabilities to benefit from higher
education. Distribution of the grants must be in accordance
with a plan prepared by the state board, with the advice of the
Minnesota Indian scholarship committee, that describes the
objectives and methods of implementing the grant program,
including the manner in which grants will be distributed in
proportion to the geographical distribution of the Indian
population of the state.
Sec. 27. Minnesota Statutes 1996, section 124.574,
subdivision 2d, is amended to read:
Subd. 2d. [BASE REVENUE.] (a) The secondary vocational
school-to-work program-disabled program base revenue equals the
sum of the following amounts computed using base year data:
(1) 68 percent of the salary of each essential licensed
person who provides direct instructional services to students
employed during that fiscal year for services rendered in that
district's secondary vocational education programs
school-to-work program for children with a disability;
(2) 47 percent of the costs of necessary equipment for
secondary vocational education programs school-to-work programs
for children with a disability;
(3) 47 percent of the costs of necessary travel between
instructional sites by secondary vocational education
school-to-work program teachers of children with a disability
but not including travel to and from local, regional, district,
state, or national vocational student organization meetings;
(4) 47 percent of the costs of necessary supplies for
secondary vocational education programs school-to-work programs
for children with a disability but not to exceed an average of
$47 in any one school year for each child with a disability
receiving these services;
(5) for secondary vocational education programs
school-to-work programs for children with disabilities provided
by a contract approved by the commissioner with public, private,
or voluntary agencies other than a Minnesota school district or
cooperative center, in place of programs provided by the
district, 52 percent of the difference between the amount of the
contract and the basic revenue of the district for that pupil
for the fraction of the school day the pupil receives services
under the contract;
(6) for secondary vocational education programs
school-to-work programs for children with disabilities provided
by a contract approved by the commissioner with public, private,
or voluntary agencies other than a Minnesota school district or
cooperative center, that are supplementary to a full educational
program provided by the school district, 52 percent of the
amount of the contract; and
(7) for a contract approved by the commissioner with
another Minnesota school district or cooperative center for
vocational evaluation services for children with a disability
for children that are not yet enrolled in grade 12, 52 percent
of the amount of the contract.
(b) If requested by a school district for school-to-work
programs during the base year for less than the full school
year, the commissioner may adjust the base revenue to reflect
the expenditures that would have occurred during the base year
had the program been operated for the full year.
Sec. 28. Minnesota Statutes 1996, section 124.574,
subdivision 2f, is amended to read:
Subd. 2f. [STATE TOTAL SECONDARY VOCATIONAL-DISABLED
SCHOOL-TO-WORK PROGRAM-DISABLED REVENUE.] The state total
secondary vocational-disabled school-to-work program-disabled
revenue for fiscal year 1996 1998 equals $8,520,000 $8,924,000.
The state total secondary vocational-disabled school-to-work
program-disabled revenue for fiscal year 1997 1999 equals
$8,830,000 $8,976,000. The state total secondary
vocational-disabled school-to-work program-disabled revenue for
later fiscal years equals:
(1) the state total secondary vocational-disabled
school-to-work program-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 1996, 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, less $170, 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) adding to the result in clause (1) an amount equal to
the product of the formula allowance under section 124A.22,
subdivision 2, less $300 times the tribal contract compensation
revenue pupil units;
(3) subtracting from the result in clause (1) (2) 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) (4) dividing the result in clause (2) (3) by the sum
of the actual pupil units in average daily membership, excluding
section 124.17, subdivision 2f, plus the tribal contract
compensation revenue pupil units; and
(4) (5) multiplying the sum of the actual pupil units,
including section 124.17, subdivision 2f, in average daily
membership plus the tribal contract compensation revenue pupil
units by the lesser of $1,500 or the sum of the result in
clause (3) plus $300 (4).
Sec. 30. Minnesota Statutes 1996, section 124.86, is
amended by adding a subdivision to read:
Subd. 5. [TRIBAL CONTRACT PUPIL UNITS.] Pupil units for
pupils enrolled in tribal contract schools shall be used only
for the purpose of computing tribal contract aid according to
this section.
Sec. 31. Minnesota Statutes 1996, 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 $1.50
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; (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. 32. Minnesota Statutes 1996, section 124C.45,
subdivision 1a, is amended 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 district
average general education revenue generated by each student less
compensatory revenue unit times the number of pupil units
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. Compensatory revenue must be allocated according to
section 124A.28, subdivision 1a.
Sec. 33. Minnesota Statutes 1996, section 124C.498,
subdivision 3, is amended to read:
Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of
school districts that meets the criteria required under
paragraph (b)(i) may apply for a magnet school grant in an
amount not to exceed $10,000,000 $15,000,000 for the approved
costs or expansion of a magnet school facility.
(b)(i) Any group of districts that submits an application
for a grant shall submit a proposal to the commissioner for
review and comment under section 121.15, and the commissioner
shall prepare a review and comment on the proposed magnet school
facility, regardless of the amount of the capital expenditure
required to design, acquire, construct, remodel, improve,
furnish, or equip the facility. The commissioner must not
approve an application for a magnet school grant for any
facility unless the facility receives a favorable review and
comment under section 121.15 and the participating districts:
(1) establish a joint powers board under section 471.59 to
represent all participating districts and govern the magnet
school facility;
(2) design the planned magnet school facility to meet the
applicable requirements contained in Minnesota Rules, chapter
3535;
(3) submit a statement of need, including reasons why the
magnet school will facilitate integration and improve learning;
(4) prepare an educational plan that includes input from
both community and professional staff; and
(5) develop an education program that will improve learning
opportunities for students attending the magnet school.
(ii) The districts may develop a plan that permits social
service, health, and other programs serving students and
community residents to be located within the magnet school
facility. The commissioner shall consider this plan when
preparing a review and comment on the proposed facility.
(c) When two or more districts enter into an agreement
establishing a joint powers board to govern the magnet school
facility, all member districts shall have the same powers.
(d) A joint powers board of participating school districts
established under paragraphs (b) and (c) that intends to apply
for a grant shall adopt a resolution stating the costs of the
proposed project, the purpose for which the debt is to be
incurred, and an estimate of the dates when the contracts for
the proposed project will be completed. A copy of the
resolution must accompany any application for a state grant
under this section.
(e)(i) The commissioner shall examine and consider all
grant applications. If the commissioner finds that any joint
powers district is not a qualified grant applicant, the
commissioner shall promptly notify that joint powers board. The
commissioner shall make awards to no more than two qualified
applicants whose applications have been on file with the
commissioner more than 30 days.
(ii) A grant award is subject to verification by the joint
powers board under paragraph (f). A grant award must not be
made until the participating districts determine the site of the
magnet school facility. If the total amount of the approved
applications exceeds the amount of grant funding that is or can
be made available, the commissioner shall allot the available
amount equally between the approved applicant districts. The
commissioner shall promptly certify to each qualified joint
powers board the amount, if any, of the grant awarded to it.
(f) Each grant must be evidenced by a contract between the
joint powers board and the state acting through the
commissioner. The contract obligates the state to pay to the
joint powers board an amount computed according to paragraph
(e)(ii) and a schedule, and terms and conditions acceptable to
the commissioner of finance.
Sec. 34. Minnesota Statutes 1996, 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 90 percent of the basic district's average
general education revenue less compensatory revenue of the
district to the eligible program and ten percent of the basic
district's average general education revenue less compensatory
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 general education
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. Compensatory revenue shall be paid according to
section 124A.22, subdivision 3.
(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. 35. [126.225] [ADDITIONAL REVENUE FOR HOMELESS
STUDENTS.]
In addition to revenue received under section 126.22,
subdivisions 7 and 8, and section 126.23, subdivision 1, a
district shall receive additional revenue for homeless pupils
who are eligible to participate in the graduation incentives
program according to section 126.22, subdivision 1, paragraph
(a), clause (9), equal to $100 per pupil unit. The revenue
received under this section shall be used for expanding
education services to include preschool, after-school, or summer
school programs to provide transition and follow-up services to
homeless pupils who are placed or mainstreamed in a district
school, or to provide parent education and support services.
The additional revenue shall be paid to the public or nonprofit
school program providing services to homeless pupils. A student
shall not be considered homeless under this section if the
student was displaced from home as a result of a natural
disaster.
Sec. 36. Minnesota Statutes 1996, section 126.23,
subdivision 1, is amended to read:
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 90 percent of
the basic district's average general education less compensatory
revenue of the district for each pupil attending the program
full time per pupil unit times the number of pupil units for
pupils attending the program. Compensatory revenue must be
allocated according to section 124A.28, subdivision 1a. For a
pupil attending the program part time, basic the 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 general
education revenue. 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.
Sec. 37. [126.256] [AMERICAN SIGN LANGUAGE.]
Satisfactory completion of courses in American sign
language in a public elementary or secondary school shall be
accorded equal standing with satisfactory completion of courses
in any world language.
Sec. 38. [126.79] [LEARN AND EARN GRADUATION ACHIEVEMENT
PROGRAM.]
Subdivision 1. [GRANT PROGRAM ESTABLISHED.] A learn and
earn graduation achievement grant program is established under
the administration of the commissioner of children, families,
and learning. The purpose of the program is to aid local
communities in their efforts to decrease youth crime by
improving the secondary educational success and increasing the
post-secondary educational opportunities of low-income high
school students who reside in and attend schools in communities
that have a high level of poverty and juvenile crime. The
commissioner shall make grants under this section to applicants
to establish local learn and earn programs that are
school-centered and that use a community-based approach that
provides eligible youth in grades 9 through 12 with individually
tailored opportunities for academic enrichment, community
service, and personal development that lead to a high school
diploma and post-secondary education.
Subd. 2. [PROGRAM OUTCOME MEASURES.] The goals of the
learn and earn graduation achievement program are to:
(1) increase school attendance;
(2) decrease school suspensions and dropouts;
(3) increase youth academic achievement, measured by
graduation rates and post-secondary enrollment; and
(4) decrease juvenile crime.
Subd. 3. [LOCAL PROGRAMS; APPLICATION PROCEDURE; GRANT
AWARDS.] The commissioner shall make grants to eligible
applicants to establish local learn and earn programs. Each
program shall operate for at least a four-year period. A local
program shall select its participants from among eligible
students who are entering or are in the ninth grade at the
inception of the program. A program may not refill a program
slot with another student if a student drops out of the program.
Students selected to participate in the program shall be
considered part of the program class and students who drop out
may return to the program at any time prior to graduation.
The commissioner shall establish the application procedure
for awarding grants under this section. The commissioner shall
begin awarding grants by September 1, 1997.
Subd. 4. [GRANT ELIGIBILITY.] An applicant for a grant
must be a public secondary school, a nonprofit community-based
agency cooperating with a secondary school, area learning
center, or alternative learning program approved by the
commissioner. Grant applicants must meet all of the following
criteria:
(1) at least 20 percent of the students at the
participating school or program are eligible to receive a free
school lunch;
(2) the area which the participating school or program
serves has a high juvenile crime rate or has experienced a
significant increase in juvenile crime over the past three
school years;
(3) the applicant has a designated program coordinator who
will coordinate school and community resources to provide
students with sufficient support and continuity to realize
program goals; and
(4) the applicant has established an advisory committee
that includes representatives of the students and families
served by the program and community organizations serving youth
and families. The applicant may use an existing advisory
committee that includes this representation.
At least 80 percent of a local learn and earn program's
participating students at the inception of the program must
reside in households with incomes at or below the federal
poverty level adjusted for family size.
The commissioner shall give priority to funding local learn
and earn programs that serve those communities that have the
highest juvenile crime rates and the largest concentrations of
economically disadvantaged youth.
Subd. 5. [STUDENT ELIGIBILITY.] A student is eligible to
participate in a local learn and earn program if the student:
(1) is enrolled in the participating school;
(2) is entering or is in the ninth grade at the inception
of the program; and
(3) resides in a household whose income is at or below the
federal poverty level adjusted for family size, has been
recommended for the program by a teacher or other community
member, has requested to participate, or whose participation has
been requested by a family member, according to a procedure to
be developed by the applicant.
Subd. 6. [PROGRAM COMPONENTS.] Each learn and earn
graduation achievement program must provide the opportunity for
participating students to complete:
(1) 250 hours each year, not including regular required
classroom hours, in basic education competency skills;
(2) 250 hours each year of community service; and
(3) 250 hours each year of cultural enrichment and personal
development, including but not limited to adult mentoring;
participating in community cultural events; developing life
skills for use in the home, workplace, and community; and
learning to set goals, manage time, and make appropriate
behavior choices for varying social situations.
Subd. 7. [PROGRAM INCENTIVES.] (a) Each participating
student shall receive a monetary stipend for each hour spent in
a program component activity, plus a bonus upon completion of
each component during each year of the program.
(b) An additional amount equal to or greater than each
student's earned stipends and bonuses must be deposited for the
student in a post-secondary opportunities interest-bearing
account, established by the commissioner through the higher
education services office. A student may, upon graduation from
high school, use the funds accumulated for the student toward
the costs of attending a Minnesota post-secondary institution or
participating in a Minnesota post-secondary program. Funds
accumulated for a student shall be available to the student from
the time the student graduates from high school until ten years
after the date the student entered the learn and earn graduation
achievement program. After ten years, the commissioner shall
close the student's account and any remaining money in the
account shall revert to the general fund.
The commissioner shall establish a procedure for providing
the monetary stipends and bonuses to students. The commissioner
may delegate this authority to grantees.
Subd. 8. [PROGRAM COORDINATOR.] The local learn and earn
program coordinator must maintain contact with all participating
students and their families; work with the school to link
students with the resources needed to improve their educational
skills; arrange for community service and cultural enrichment
opportunities for students; maintain records regarding student
completion of program component hours; and perform other
administrative duties as necessary. A program coordinator must,
to the extent possible, agree to remain with the program for
four years to provide continuity of adult contact to the
participating students.
Subd. 9. [EVALUATION AND REPORTS.] The commissioner shall
collect information about participating students and a
demographically similar control group and shall evaluate the
short-term and long-term benefits participating students receive
from the learn and earn graduation achievement program, based on
the outcome measures specified in subdivision 2, and any other
criteria established by the commissioner as part of the grant
application process. The evaluation must include a statistical
comparison of students participating in the program and the
control group. The commissioner shall track participating
students and the control group for a minimum of six years from
the start of the program. The commissioner shall submit a
preliminary report to the governor and the chairs of the senate
and house committees having jurisdiction over education and
crime prevention by December 15, 2000, regarding continuation of
the learn and earn graduation achievement program for
participating schools and expansion of the program to additional
schools. The commissioner shall submit a final report by
December 15, 2002.
Sec. 39. Minnesota Statutes 1996, section 128B.10,
subdivision 1, is amended to read:
Subdivision 1. [EXTENSION.] This chapter is repealed July
1, 1997 remains in effect until otherwise provided by law.
Sec. 40. Minnesota Statutes 1996, section 245.493,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS TO QUALIFY AS A LOCAL
CHILDREN'S MENTAL HEALTH COLLABORATIVE.] In order to qualify as
a local children's mental health collaborative and be eligible
to receive start-up funds, the representatives of the local
system of care, or at a minimum one county, one school district
or special education cooperative, and one mental health entity
must agree to the following:
(1) to establish a local children's mental health
collaborative and develop an integrated service system; and
(2) to commit resources to providing services through the
local children's mental health collaborative; and
(3) develop a plan to contribute funds to the children's
mental health collaborative.
Sec. 41. Minnesota Statutes 1996, section 260A.02,
subdivision 3, is amended to read:
Subd. 3. [CONTINUING TRUANT.] "Continuing truant" means a
child who is subject to the compulsory instruction requirements
of section 120.101 and is absent from instruction in a school,
as defined in section 120.05, without valid excuse within a
single school year for:
(1) three days if the child is in elementary school; or
(2) three or more class periods on three days if the child
is in middle school, junior high school, or high school.
A child is not a continuing truant if the child is
withdrawn from school by the child's parents because of a
dispute with the school concerning the provision of special
education services under the Individuals with Disabilities
Education Act or accommodations and modifications under the
Americans with Disabilities Act, if the parent makes good faith
efforts to provide the child educational services from any other
source. No parent who withdraws a child from school during a
dispute with the school concerning the provision of special
education services or accommodations and modifications is
required to file home school papers, if the parent provides
written notice to the department of children, families, and
learning or the district of the plan for the child's education.
Nothing in this section shall prevent a school district
from notifying a truant child's parent or legal guardian of the
child's truancy or otherwise addressing a child's attendance
problems prior to the child becoming a continuing truant.
Sec. 42. Laws 1994, chapter 647, article 7, section 18,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY; APPLICATION.] A school district or
a group of school districts that have entered into a joint
powers agreement under Minnesota Statutes, section 471.59, to
provide for a magnet school or magnet program is eligible to
apply for an educational performance improvement grant. The
application shall be on a form approved by the commissioner of
education. The commissioner shall make recommendations to the
state board of education on which districts should be considered
for a grant contract. The commissioner shall give priority to
school districts:
(1) in which at least one school has received a school
improvement incentive grant under Minnesota Statutes 1993
Supplement, section 121.602, subdivision 5; and
(2) that demonstrate a commitment to increasing
accountability by using a results-oriented system for measuring
student achievement.
Sec. 43. Laws 1994, chapter 647, article 7, section 18,
subdivision 3, is amended to read:
Subd. 3. [CONTRACT.] The state board of education may
enter into a one-year contract with a school district or group
of school districts for the purpose of awarding an educational
performance improvement grant. The state board shall award a
grant only for measurable gains in student achievement. The
terms of the contract shall at minimum address:
(1) the criteria and assessments to be used in measuring
student achievement;
(2) the district's baseline level of student achievement
for the district or group of districts;
(3) the level of student achievement, desegregation or
diversity, or improved operations to be reached under the
contract;
(4) a timeline for determining whether the contract goals
have been met; and
(5) at the discretion of the state board, provisions
governing the award of a partial grant to the district or group
of districts if the contract goals are not fully met.
Sec. 44. Laws 1995, First Special Session chapter 3,
article 3, section 11, subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] A pilot program is established
to support general education classroom teachers who teach
children with specific learning disabilities. The goals of the
pilot program are to:
(1) increase participation of these children in
noncategorical programming designed to encourage their maximum
potential and maintain their self-esteem;
(2) demonstrate results in measurable educational outcomes;
(3) provide alternatives to special education that focus on
children's educational progress and results, respond to the
individual child, are efficient and cost-effective, and ensure
the rights of eligible children and their families to due
process;
(4) increase general education's ability to educate in a
manner that decreases the need for pull-out programs for
students with specific learning disabilities; and
(5) implement alternative approaches to conflict
resolution; and
(6) provide assistive technology to make individualized
student accommodations.
Sec. 45. Laws 1995, First Special Session chapter 3,
article 3, section 11, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purposes of this section
the terms defined in this subdivision have the meanings given
them.
(a) "Accommodation" means any technique that alters the
educational setting to enable the child to reach the child's
maximum potential and to demonstrate more accurately the child's
knowledge and educational progress. Accommodations may include,
but are not limited to: preferential seating, paraphrasing of
information, instructions, practice activities and directions
provided in a manner consistent with the child's learning style,
opportunity for increased response time, more frequent
opportunity for review, extended time to complete assignments
and tests, larger print for assignments or tests, special study
sheets, extended or untimed tests, oral testing and answering,
and use of assistive technology within and outside the
educational environment.
(b) "Assistive technology device" means any item, piece of
equipment, or product system, whether acquired commercially off
the shelf, modified, or customized, that is used to increase,
maintain, or improve functional capabilities is as defined in
Minnesota Statutes, section 120.187.
(c) "Competency" means a documented and demonstrated
attitude, skill, or knowledge base resulting in an ability of
general education personnel to provide accommodations,
modifications, and personalized instruction, according to the
eligible child's individual learning styles, within general
education environments.
(d) "Consistently available" means that education personnel
who demonstrate competency are site-based and designated as a
resource for the development and use of accommodations,
modifications, and personalized instruction in general education.
(e) "Eligible children" means those children who have
specific learning disabilities or conditions related to these
disabilities according to recognized professional standards and
documented by appropriately licensed personnel.
(f) "Learner plan" means a concise written plan that is
based on the eligible child's documented specific learning
disabilities and needs; includes the eligible child's strengths
that may compensate for those differences and needs; provides
the child, the child's parent, and all general education
personnel responsible for direct instruction with information
that results in clear understanding and subsequent use of
accommodations, modifications, and personalized instruction; and
includes methods of evaluating the child's progress that are
consistent with learning differences, needs, strengths,
modifications, and accommodations, and are at intervals
identical to the student population of the school in which the
child participating in Options Plus is enrolled.
(g) "Modification" means any technique that alters the
school work required, makes it different from the school work
required or other students in the same course, and encourages
the eligible child to reach the child's maximum potential and
facilitate educational success. Modifications may include, but
are not limited to: copies of teacher notes and lesson plans,
assisted note taking, reduced or altered assignments, increased
assignments in areas of strength, alternative test formats,
modified testing, peer assistance, cooperative learning, and
modified grading such as documentation of progress and results.
(h) "Parent" means a parent, guardian, or person acting as
a parent of a child.
(i) "Personalized instruction" means direct instruction
designed with knowledge of the child's learning style,
strengths, and differences, to assist the child to gain in skill
areas, so the child demonstrates progress toward and outcomes
necessary to become a successful citizen.
Sec. 46. Laws 1995, First Special Session chapter 3,
article 3, section 11, subdivision 5, is amended to read:
Subd. 5. [USE OF FUNDS.] Options Plus pilot program grants
shall be used to supplement staff development funding under
Minnesota Statutes, section 124A.29, to train general education
classroom teachers to meet the needs of children with specific
learning disabilities and provide assistive technology devices
in a general education setting. The training shall result in
each participating teacher achieving the following competencies:
(1) understanding and communicating to the parents of the
child the options available for instruction;
(2) the ability to assess the learning environment and
provide the necessary accommodations, modifications, and
personalized instruction necessary to meet the needs of the
child; and
(3) the ability to work collaboratively and in teams with
other teachers and support and related services staff; and
(4) the ability to teach children to use the assistive
technology devices.
Sec. 47. [AMERICAN SIGN LANGUAGE RECOGNIZED AS A WORLD
LANGUAGE.]
The Minnesota state legislature recognizes American sign
language as a fully developed, autonomous, natural language with
distinct grammar, syntax, vocabulary, and cultural heritage
which is used by a variety of deaf, hard-of-hearing, deaf-blind
and hearing individuals in the United States, and hereby
determines that American sign language should be accorded equal
status with other linguistic systems in the state's public
elementary and secondary and higher education systems.
Sec. 48. [MATCHING GRANTS FOR EDUCATION PROGRAMS SERVING
HOMELESS CHILDREN.]
A school district or a nonprofit entity contracting with a
school district to provide education and transition services for
homeless children is eligible for a matching grant for capital
facilities which serve homeless children and their families.
Grant proceeds may be used to design, furnish, equip, acquire,
repair, or construct a facility for providing education and
transition services for homeless pupils. To obtain a grant, a
school district or nonprofit entity must submit an application
to the commissioner of children, families, and learning in the
form and manner the commissioner establishes. Grants must be
matched by $1 of nonstate money for every $1 of grant money
received. The commissioner shall take into consideration the
number of concentration of homeless children served by a school
district when awarding grants. The commissioner may award
matching grants of up to $500,000 per school district.
Sec. 49. [OSSEO LEVY.]
For levies payable in 1998 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. 50. [PINE POINT SCHOOL.]
Notwithstanding Minnesota Statutes, section 128B.10,
subdivision 1, the other provisions of Minnesota Statutes,
chapter 128B, remain in effect after June 30, 1997. Actions
taken pursuant to Minnesota Statutes, chapter 128B, after June
30, 1997, and before the effective date of this section are
valid and ratified by this section.
Sec. 51. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated,
unless otherwise indicated, from the general fund to the
department of children, families, and learning for the fiscal
years designated.
Subd. 2. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
For grants to American Indian language and culture education
programs according to Minnesota Statutes, section 126.54,
subdivision 1:
$591,000 ..... 1998
$591,000 ..... 1999
The 1998 appropriation includes $59,000 for 1997 and
$532,000 for 1998.
The 1999 appropriation includes $59,000 for 1998 and
$532,000 for 1999.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [AMERICAN INDIAN EDUCATION.] (a) For certain
American Indian education programs in school districts:
$175,000 ..... 1998
$175,000 ..... 1999
The 1998 appropriation includes $17,000 for 1997 and
$158,000 for 1998.
The 1999 appropriation includes $17,000 for 1998 and
$158,000 for 1999.
(b) These appropriations are available for expenditure with
the approval of the commissioner of the department of children,
families, and learning.
(c) The commissioner must not approve the payment of any
amount to a school district or school under this subdivision
unless that school district or school is in compliance with all
applicable laws of this state.
(d) Up to the following amounts may be distributed to the
following schools and school districts for each fiscal year:
$54,800, Pine Point School; $9,800 to independent school
district No. 166, Cook county; $14,900 to independent school
district No. 432, Mahnomen; $14,200 to independent school
district No. 435, Waubun; $42,200 to independent school district
No. 707, Nett Lake; and $39,100 to independent school district
No. 38, Red Lake. These amounts must be spent only for the
benefit of American Indian pupils and to meet established state
educational standards or statewide requirements.
(e) Before a district or school can receive money under
this subdivision, the district or school must submit, to the
commissioner, evidence that it has complied with the uniform
financial accounting and reporting standards act, Minnesota
Statutes, sections 121.904 to 121.917.
Subd. 4. [AMERICAN INDIAN POST-SECONDARY PREPARATION
GRANTS.] For American Indian post-secondary preparation grants
according to Minnesota Statutes, section 124.481:
$857,000 ..... 1998
$857,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [AMERICAN INDIAN SCHOLARSHIPS.] For American
Indian scholarships according to Minnesota Statutes, section
124.48:
$1,600,000 ..... 1998
$1,600,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 6. [INDIAN TEACHER PREPARATION GRANTS.] (a) For
joint grants to assist Indian people to become teachers:
$190,000 ..... 1998
$190,000 ..... 1999
(b) Up to $70,000 each year is for a joint grant to the
University of Minnesota at Duluth and the Duluth school district.
(c) Up to $40,000 each year is for a joint grant to each of
the following:
(1) Bemidji state university and the Red Lake school
district;
(2) Moorhead state university and a school district located
within the White Earth reservation; and
(3) Augsburg college, independent school district No. 625,
St. Paul, and the Minneapolis school district.
(d) Money not used for students at one location may be
transferred for use at another location.
(e) Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid according to Minnesota Statutes, section 124.86:
$2,287,000 ..... 1998
$2,797,000 ..... 1999
The 1998 appropriation includes $91,000 for 1997 and
$2,196,000 for 1998.
The 1999 appropriation includes $244,000 for 1998 and
$2,553,000 for 1999.
Subd. 8. [EARLY CHILDHOOD PROGRAMS AT TRIBAL SCHOOLS.] For
early childhood family education programs at tribal contract
schools:
$68,000 ..... 1998
$68,000 ..... 1999
Subd. 9. [AMERICAN SIGN LANGUAGE; TEACHER EDUCATION
HEARING.] To assist school districts in educating teachers in
American sign language:
$13,000 ..... 1998
$12,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 10. [MEXICAN ORIGIN EDUCATION GRANTS.] For grants
for a Mexican origin education pilot grant program:
$50,000 ..... 1998
$25,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 11. [LAY ADVOCATES.] To pay or reimburse lay
advocates for their time and expense as provided in Minnesota
Statutes, section 120.17:
$10,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 12. [OPTIONS PLUS PILOT GRANTS.] For grants to
school districts for options plus pilot programs:
$150,000 ..... 1998
Each grant shall not exceed $50,000.
This appropriation is available until June 30, 1999.
Subd. 13. [MAGNET SCHOOL GRANTS.] For magnet school and
program grants:
$5,750,000 ..... 1998
$1,750,000 ..... 1999
These amounts may be used for magnet school programs and
acquisition and betterment of magnet school facilities according
to Minnesota Statutes, section 124C.498.
Subd. 14. [INTEGRATION PROGRAMS.] For grants according to:
minority fellowship grants according to Laws 1994, chapter 647,
article 8, section 29; minority teacher incentives according to
Minnesota Statutes, section 124.278; teachers of color grants
according to Minnesota Statutes, section 125.623; and cultural
exchange grants according to Minnesota Statutes, section 126.43:
$1,000,000 ..... 1998
$1,000,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
In awarding teacher of color grants, priority must be given
to districts that have students who are currently in the process
of completing their academic program.
Subd. 15. [SPECIAL EDUCATION AID.] For special education
aid according to Minnesota Statutes, section 124.32:
$282,505,000 ..... 1998
$382,519,000 ..... 1999
The 1998 appropriation includes $24,346,000 for 1997 and
$258,159,000 for 1998.
The 1999 appropriation includes $28,684,000 for 1998 and
$353,835,000 for 1999.
Subd. 16. [AID FOR CHILDREN WITH A DISABILITY.] For aid
according to Minnesota Statutes, section 124.32, subdivision 6,
for children with a disability placed in residential facilities
within the district boundaries for whom no district of residence
can be determined:
$586,000 ..... 1998
$644,000 ..... 1999
If the appropriation for either year is insufficient, the
appropriation for the other year is available. Any balance in
the first year does not cancel but is available in the second
year.
Subd. 17. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services according to Minnesota
Statutes, section 124.32, subdivision 2b:
$107,000 ..... 1998
$111,000 ..... 1999
The 1998 appropriation includes $8,000 for 1997 and $99,000
for 1998.
The 1999 appropriation includes $10,000 for 1998 and
$101,000 for 1999.
Subd. 18. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid:
$25,974,000 ..... 1998
$44,984,000 ..... 1999
The 1998 appropriation includes $1,242,000 for 1997 and
$24,732,000 for 1998.
The 1999 appropriation includes $2,748,000 for 1998 and
$42,236,000 for 1999.
Subd. 19. [TARGETED NEEDS AID.] For targeted needs aid:
$47,225,000 ..... 1998
$ 2,899,000 ..... 1999
(a) Of the 1998 amount, $930,000 is for 1997 limited
English proficiency aid and $13,694,000 is for 1998 limited
English proficiency aid. Of the 1998 amount, $1,364,000 is for
1997 assurance of mastery aid and $12,393,000 is for 1998
assurance of mastery aid. Of the 1998 amount, $18,844,000 is
for 1998 integration aid.
(b) Of the 1999 amount, $1,522,000 is for 1998 limited
English proficiency aid and $0 is for 1999 limited English
proficiency aid. Of the 1999 amount, $1,377,000 is for 1998
assurance of mastery aid and $0 is for 1999 assurance of mastery
aid.
(c) As a condition of receiving a grant, each district must
continue to report its costs according to the uniform financial
accounting and reporting system. As a further condition of
receiving a grant, each district must submit a report to the
chairs of the education committees of the legislature about the
actual expenditures it made for integration using the grant
money including achievement results. These grants may be used
to transport students attending a nonresident district under
Minnesota Statutes, section 120.062, to the border of the
resident district. A district may allocate a part of the grant
to the transportation fund for this purpose.
Subd. 20. [SCHOOL-TO-WORK PROGRAMS; STUDENTS WITH
DISABILITIES.] For aid for school-to-work programs for pupils
with disabilities according to Minnesota Statutes, section
124.574:
$7,044,000 ..... 1998
$7,985,000 ..... 1999
The 1998 appropriation includes $618,000 for 1997 and
$6,426,000 for 1998.
The 1999 appropriation includes $713,000 for 1998 and
$7,272,000 for 1999.
Subd. 21. [SPECIAL PROGRAMS EQUALIZATION AID.] For special
education levy equalization aid according to Minnesota Statutes,
section 124.321:
$11,195,000 ..... 1998
$ 5,780,000 ..... 1999
The 1998 appropriation includes $1,783,000 for 1997 and
$9,412,000 for 1998.
The 1999 appropriation includes $1,045,000 for 1998 and
$4,735,000 for 1999.
Subd. 22. [INTEGRATION AID.] For integration aid:
$26,124,000 ..... 1999
This appropriation is based on an entitlement of
$29,026,000.
Subd. 23. [CENTRAL MINNESOTA AREA LEARNING CENTER.] For a
grant to two or more of the following school districts,
independent school district Nos. 47, Sauk Rapids; 51, Foley;
738, Holdingford; 739, Kimball; 742, St. Cloud; 748, Sartell;
and 750, Cold Spring, that form a joint powers agreement under
Minnesota Statutes, section 471.59, to establish the central
Minnesota area learning center:
$130,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 24. [ADDITIONAL REVENUE FOR HOMELESS STUDENTS.] For
additional revenue for homeless students according to Minnesota
Statutes, section 126.225:
$180,000 ..... 1998
$200,000 ..... 1999
The 1998 appropriation includes $0 for 1997 and $180,000
for 1998.
The 1999 appropriation includes $20,000 for 1998 and
$180,000 for 1999.
Subd. 25. [MATCHING GRANTS FOR EDUCATION PROGRAMS SERVING
HOMELESS CHILDREN.] For matching grants for education programs
for homeless children:
$400,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 26. [LOW-INCOME CONCENTRATION GRANTS.] For
low-income concentration grants under Laws 1994, chapter 647,
article 8, section 43:
$1,000,000 ..... 1998
The commissioner shall also award a grant to a school
building that has at least 20 percent students of color and
where at least 20 percent of the students are eligible for free
or reduced-price lunch if that school building is located in a
city where all the school buildings in that city are eligible
for low-income concentration grants.
Subd. 27. [NETT LAKE.] For grants to independent school
district No. 707, Nett Lake:
$99,000 ..... 1998
$60,000 ..... 1999
$39,000 in 1998 is for a grant to independent school
district No. 707, Nett Lake, to reimburse the district for
property and boiler insurance premiums paid in fiscal years 1996
and 1997.
$30,000 in 1998 and $30,000 in 1999 are for grants to
independent school district No. 707, Nett Lake, to pay property
insurance and boiler insurance premiums, and insurance premiums
under Minnesota Statutes, section 466.06.
$30,000 in 1998 and $30,000 in 1999 are for grants to
independent school district No. 707, Nett Lake, for the payment
of obligations of the school district for unemployment
compensation. The appropriation must be paid to the appropriate
state agency for such purposes in the name of the school
district.
Subd. 28. [NETT LAKE MEDIA SPECIALIST.] For a grant to
independent school district No. 707, Nett Lake, for a media
specialist for preschool through grade 6:
$35,000 ..... 1998
Subd. 29. [FIRST GRADE PREPAREDNESS.] (a) For grants for
the first grade preparedness program under Minnesota Statutes,
section 124.2613, and for school sites that have provided a
full-day kindergarten option for kindergarten students enrolled
in fiscal years 1996 and 1997:
$5,000,000 ..... 1998
$5,000,000 ..... 1999
(b) To be a qualified site, licensed teachers must have
taught the optional full-day kindergarten classes. A district
that charged a fee for students participating in an optional
full-day program is eligible to receive the grant to provide
full-day kindergarten for all students as required by Minnesota
Statutes, section 124.2613, subdivision 4. Districts with
eligible sites must apply to the commissioner of children,
families, and learning for a grant.
(c) This appropriation must first be used to fund programs
operating during the 1996-1997 school year under paragraph (b)
and Minnesota Statutes, section 124.2613. Any remaining funds
may be used to expand the number of sites providing first grade
preparedness programs.
Subd. 30. [EDUCATION PERFORMANCE IMPROVEMENT GRANTS.] For
additional grants under Laws 1994, chapter 647, article 7,
section 18, as amended:
$1,100,000 ..... 1998
Consistent with the provisions of Laws 1994, chapter 647,
article 7, section 18, as amended, a grant recipient that is a
group of school districts that have entered into a joint powers
agreement may use the grant proceeds to enhance student
achievement and metropolitan desegregation. Grant recipients
must comply with the achievement plan according to Minnesota
Statutes, section 123.951, subdivision 4.
This appropriation is available until June 30, 1999.
Subd. 31. [CENTER FOR THE VICTIMS OF TORTURE.] For the
center for victims of torture to hire a full-time psychologist
to address behavioral problems exhibited by students in the
public schools who are survivors of war traumas:
$60,000 ..... 1998
$60,000 ..... 1999
Subd. 32. [ADOLESCENT PARENT PROGRAM GRANTS.] For
adolescent parent program grants:
$500,000 ..... 1998
Up to 2-1/2 percent of the appropriation may be used for
evaluation of the programs.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 33. [LEARN AND EARN GRADUATION ACHIEVEMENT PROGRAM.]
For the learn and earn graduation achievement program according
to Minnesota Statutes, section 126.79:
$1,000,000 ..... 1998
$1,000,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 34. [ONE ROOM SCHOOLHOUSE.] For a grant to
independent school district No. 690, Warroad, to operate the
Angle Inlet School:
$25,000 ..... 1998
$25,000 ..... 1999
Subd. 35. [SPECIAL PROGRAM; FETAL ALCOHOL SYNDROME.] The
sum indicated in this subdivision is appropriated from the
general fund to the commissioner of health for the fiscal year
designated. To prevent and reduce harm from fetal alcohol
syndrome and fetal alcohol effect:
$500,000 ..... 1998
This amount is added to the appropriation for the same
purpose in Laws 1997, chapter 203, article 1, section 3,
subdivision 2.
This appropriation is available until June 30, 1999.
Sec. 52. [REPEALER.]
Subdivision 1. [JULY 1, 1996.] Minnesota Statutes 1996,
section 124.3201, subdivisions 2a and 2b, are retroactively
repealed effective July 1, 1996.
Subd. 2. [JUNE 1, 1997.] Minnesota Statutes 1996, section
124.17, subdivision 5, is retroactively repealed effective June
1, 1997.
Sec. 53. [EFFECTIVE DATE.]
(a) Sections 4, 23, and 24 are effective for fiscal year
1999.
(b) Sections 6, 7, 21, and 25 are effective retroactively
to July 1, 1996.
(c) Sections 32 and 36 are effective for the 1997-1998
school year and thereafter.
(d) If this act is enacted on or after July 1, 1997, all
sections in this article except for those sections listed in
paragraphs (a) to (c) are effective the day following final
enactment.
ARTICLE 3
LIFEWORK DEVELOPMENT
Section 1. [121.498] [MINNESOTA CAREER INFORMATION
SYSTEM.]
(a) The department of children, families, and learning,
through the Minnesota career information system (MCIS), may
provide career information to, including, but not limited to,
school districts and other educational organizations, employment
and training services, human service agencies, libraries, and
families. The department shall collect fees necessary to
recover all expenditures related to the operation of the
Minnesota career information system.
(b) Grants and other legislative funds may be accepted and
used for the improvement or operation of the Minnesota career
information system. All receipts shall be deposited in a
special account in the special revenue fund that shall be
carried over at the end of each fiscal year. The money in the
account, along with any interest earned, is appropriated to the
commissioner of children, families, and learning for the
Minnesota career information system and must be for the sole use
and benefit of the system. The department shall recognize that
the Minnesota career information system operates under a
self-supporting directive, and accordingly, must provide
sufficient administrative latitude within the confines of law to
enable the system to operate effectively.
Sec. 2. Minnesota Statutes 1996, section 121.615,
subdivision 2, is amended to read:
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 and nonpublic 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 state board
of education.
Sec. 3. Minnesota Statutes 1996, section 121.615,
subdivision 3, is amended to read:
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.
(1) seven members appointed by the board of directors of
the school-to-work student organizations and chosen so that each
represents one of the following career areas: agriculture,
family and consumer sciences, service occupations, health
occupations, marketing, business, and technical/industrial;
(2) seven members from business, industry, and labor
appointed by the governor to staggered terms and chosen so that
each represents one of the following career areas: agriculture,
family and consumer sciences, service occupations, health
occupations, marketing, business, and technical/industrial;
(3) five students or alumni of school-to-work student
organizations representing diverse career areas, three from
secondary student organizations, and two from post-secondary
student organizations. The students or alumni shall be
appointed by the criteria and process agreed upon by the
executive directors of the student-to-work organizations; and
(4) four members from education appointed by the governor
to staggered terms and chosen so that each represents one of the
following groups: school district level administrators,
secondary school administrators, middle school administrators,
and post-secondary administrators.
Executive directors of vocational education student
organizations are ex officio, nonvoting members of the board.
Sec. 4. Minnesota Statutes 1996, section 121.615,
subdivision 5, is amended to read:
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, without complying with section 7.09,
subdivision 1;
(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
programs; and
(6) identifying an appropriate name for the foundation.
Sec. 5. Minnesota Statutes 1996, section 121.615,
subdivision 6, is amended to read:
Subd. 6. [CONTRACTS.] The foundation board of directors
shall review and approve foundation personnel and programming
contracts each contract of the board. Each contract of the
foundation board shall be subject to the same review and
approval procedures as a contract of the state board of
education.
Sec. 6. Minnesota Statutes 1996, section 121.615,
subdivision 7, is amended to read:
Subd. 7. [FOUNDATION STAFF.] The commissioner of the
department of children, families, and learning state board of
education 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
employees shall be supervised by the executive director.
The commissioner shall appoint from the office of lifework
development a liaison to the foundation board.
Sec. 7. Minnesota Statutes 1996, section 121.615,
subdivision 8, is amended to read:
Subd. 8. [PUBLIC FUNDING.] The commissioner of the
department of children, families, and learning state 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 basic staffing of the foundation and
individual student school-to-work student organizations at the
state level.
Sec. 8. Minnesota Statutes 1996, section 121.615,
subdivision 9, is amended to read:
Subd. 9. [PRIVATE FUNDING.] The foundation shall seek
private resources to supplement the allocated state and
federal available public money. Individuals, businesses, and
other organizations may contribute to the foundation in any
manner specified by the board of directors. All money received
shall be administered by the board of directors.
Sec. 9. Minnesota Statutes 1996, section 121.615,
subdivision 10, is amended to read:
Subd. 10. [REPORT.] The board of directors of the
foundation shall submit an annual report and assessment to the
office of lifework development and on the progress of its
activities to the state board of education and to the board of
trustees of the Minnesota state colleges and universities. The
annual report shall contain a financial report for the preceding
year. The foundation shall submit a biennium report to the
legislature before February 15, in the odd-numbered year.
Sec. 10. Minnesota Statutes 1996, section 121.703,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] (a) The commission shall:
(1) develop, with the assistance of the governor, the
commissioner of children, families, and learning, and affected
state agencies, a comprehensive state plan to provide services
under sections 121.701 to 121.710 and federal law;
(2) actively pursue public and private funding sources for
services, including funding available under federal law;
(3) coordinate volunteer service-learning programs within
the state;
(4) develop, in cooperation with the workforce development
council and the commissioner of children, families, and
learning, volunteer service-learning programs, including
curriculum, materials, and methods of instruction;
(5) work collaboratively with the workforce development
council, the commissioner of children, families, and learning,
schools, public and private agencies, for-profit and nonprofit
employers, and labor unions to identify mentoring and
service-learning opportunities, solicit and recruit participants
for these programs, and disseminate information on the programs;
(6) administer the youth works grant program under sections
121.704 to 121.709, with assistance from the commissioner of
children, families, and learning and the executive director of
the higher education services office, including soliciting and
approving grant applications from eligible organizations, and
administering individual postservice benefits;
(7) establish an evaluation plan for programs developed and
services provided under sections 121.701 to 121.710;
(8) report to the governor, commissioner of children,
families, and learning, and legislature;
(9) provide oversight and support for school, campus, and
community-based service programs; and
(10) administer the federal AmeriCorps program.
(b) Nothing in sections 121.701 to 121.710 precludes an
organization from independently seeking public or private
funding to accomplish purposes similar to those described in
paragraph (a).
(c) The commissioner of children, families, and learning
shall consult with commission members before the commissioner
selects the executive director for the commission, who shall
serve in the unclassified service.
Sec. 11. Minnesota Statutes 1996, section 124.193, is
amended to read:
124.193 [PROHIBITED AID AND LEVIES.]
Subdivision 1. [GENERAL PROHIBITION.] Unless specifically
permitted in the provision authorizing an aid or a levy,
cooperative units of government defined in section 123.35,
subdivision 19b, paragraph (d), are prohibited from making a
property tax levy or qualifying for or receiving any form of
state aid except that a cooperative unit may apply for and
receive a grant on behalf of its members as provided in
subdivisions 2 and 3.
Subd. 2. [GRANTS.] A cooperative unit may apply for and
receive a grant on behalf of its members.
Subd. 3. [ALLOCATION FROM MEMBERS.] By July 15 of each
year, a school district may, by board resolution, request the
department to make a payment to a third party. The total sum of
the payments for the year may not exceed the lesser of (a) the
district's general education aid for the fiscal year beginning
July 1, according to sections 124A.036, subdivision 5, and
124A.23, subdivision 4, or (b) an amount equal to $100 times the
fund balance pupil units for the fiscal year beginning July 1.
By July 30 of each year, the school district must report to the
commissioner the amount allocated. The amount shall be paid to
the third party according to section 124.195, subdivision 15.
Amounts paid to third parties under this subdivision shall be
recognized and reported as revenues and expenditures on the
school district's books of account under sections 121.904 and
121.906.
Sec. 12. Minnesota Statutes 1996, section 124.195, is
amended by adding a subdivision to read:
Subd. 15. [PAYMENTS TO THIRD PARTIES.] Notwithstanding
subdivision 3, 90 percent of the amounts under section 124.193,
subdivision 3, shall be paid in equal installments on August 30,
December 30, and March 30, with a ten percent final adjustment
payment on October 30 of the next fiscal year.
Sec. 13. Minnesota Statutes 1996, section 124.574,
subdivision 1, is amended to read:
Subdivision 1. The purpose of this section is to provide a
method to fund programs for secondary vocational
education school-to-work programs for children with a
disability. As used in this section, the term "children with a
disability" shall have the meaning ascribed to it in section
120.03.
Sec. 14. Minnesota Statutes 1996, section 124.574,
subdivision 5, is amended to read:
Subd. 5. The aid provided pursuant to this section shall
be paid only for services rendered as designated in subdivision
2 or for the costs designated in subdivision 3 which are
incurred in secondary vocational education programs
school-to-work programs for children with a disability which are
approved by the commissioner of children, families, and learning
and operated in accordance with rules promulgated by the state
board. These rules shall be subject to the restrictions
provided in section 124.573, subdivision 3. The procedure for
application for approval of these programs shall be as provided
in section 124.32, subdivisions 7 and 10, and the application
review process shall be conducted by the vocational education
section of the state office of lifework development in the
department.
Sec. 15. Minnesota Statutes 1996, section 124.574,
subdivision 6, is amended to read:
Subd. 6. All aid pursuant to this section shall be paid to
the district or cooperative center providing the services. All
aid received by a district or center from any source for
secondary vocational education school-to-work programs for
children with a disability shall be utilized solely for that
purpose.
Sec. 16. Minnesota Statutes 1996, section 124.574,
subdivision 9, is amended to read:
Subd. 9. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of this section and
section 124.321, a cooperative center or an intermediate
district shall allocate its approved expenditures for secondary
vocational programs school-to-work programs for children with a
disability among participating school districts. Aid for
secondary vocational programs school-to-work programs for
children with a disability for services provided by a
cooperative or intermediate district shall be paid to the
participating school districts.
Sec. 17. Minnesota Statutes 1996, section 124C.46,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM FOCUS.] The programs and services
of a center must focus on academic and learning skills, applied
learning opportunities, trade and vocational skills, work-based
learning opportunities, work experience, youth service to the
community, and transition services. Applied learning,
work-based learning, and service learning may best be developed
in collaboration with a local education and transitions
partnership. In addition to offering programs, the center shall
coordinate the use of other available educational services,
social services, health services, and post-secondary
institutions in the community and services area.
Sec. 18. [126.685] [LIFEWORK DEVELOPMENT PLAN.]
A school district may require students to develop and
maintain a record of all students' lifework development
activities and work toward achieving the profile of learning.
This record includes, but is not limited to, student's goals,
skills, abilities, and interests, as well as information on
service learning experiences, out-of-school learning
experiences, and career-related experiences, such as job
shadowing, career mentoring, internships, apprenticeships,
entrepreneurship, and other work-based learning activities that
may be used to fulfill the profile of learning. The ongoing
record assists students in choosing their school-based courses,
researching and exploring career options, and realizing their
role as citizens and their goals as lifelong learners. Each
school year, the student, the student's parent or guardian,
school and career counselors, and other appropriately trained
school personnel shall review the student's plan to ensure that
the plan is updated and reflects the student's changing life
goals and aspirations. The plan serves as a continuous record
of future education and training options necessary to achieve
the student's lifework goal.
Sec. 19. Minnesota Statutes 1996, section 268.665,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The governor's workforce
development council is composed of 32 33 members appointed by
the governor. The members may be removed pursuant to section
15.059. In selecting the representatives of the council, the
governor shall ensure that 50 percent of the members come from
nominations provided by local workforce councils. Local
education representatives shall come from nominations provided
by local education to employment partnerships. The 32 members
shall represent the following sectors:
(a) State agencies: the following individuals shall serve
on the council:
(1) commissioner of the Minnesota department of economic
security;
(2) commissioner of the Minnesota department of children,
families, and learning;
(3) commissioner of the Minnesota department of human
services; and
(4) commissioner of the Minnesota department of trade and
economic development.
(b) Business and industry: six individuals shall represent
the business and industry sectors of Minnesota.
(c) Organized labor: six individuals shall represent labor
organizations of Minnesota.
(d) Community-based organizations: four individuals shall
represent community-based organizations of Minnesota.
Community-based organizations are defined by the Job Training
Partnership Act as private nonprofit organizations that are
representative of communities or significant segments of
communities and that provide job training services, agencies
serving youth, agencies serving individuals with disabilities,
agencies serving displaced homemakers, union-related
organizations, and employer-related nonprofit organizations and
organizations serving nonreservation Indians and tribal
governments.
(e) Education: five six individuals shall represent the
education sector of Minnesota as follows:
(1) one individual shall represent local public secondary
education;
(2) one individual shall have expertise in design and
implementation of school-based service-learning;
(3) one individual shall represent post-secondary
education;
(4) one individual shall represent secondary/post-secondary
vocational institutions; and
(5) the chancellor of the board of trustees of the
Minnesota state colleges and universities; and
(6) one individual shall have expertise in agricultural
education.
(f) Other: two individuals shall represent other
constituencies including:
(1) units of local government; and
(2) applicable state or local programs.
The speaker and the minority leader of the house of
representatives shall each appoint a representative to serve as
an ex officio member of the council. The majority and minority
leaders of the senate shall each appoint a senator to serve as
an ex officio member of the council. After January 1, 1997, the
Minnesota director of the corporation for national service shall
also serve as an ex officio member.
(g) Appointment: each member shall be appointed for a term
of three years from the first day of January or July immediately
following their appointment. Elected officials shall forfeit
their appointment if they cease to serve in elected office.
(h) Members of the council are compensated as provided in
section 15.059, subdivision 3.
Sec. 20. Laws 1993, chapter 146, article 5, section 20, is
amended to read:
Sec. 20. [REPEALER.]
Sections 6 to 12 are repealed June 30, 1998 2001.
Sec. 21. [DAWSON-BOYD ADULT FARM MANAGEMENT LEVY.]
In addition to other levies, independent school district
No. 378, Dawson-Boyd, may levy an amount up to $132,000 for the
unreimbursed costs of an adult farm management program. This
amount may be levied over a period of three years.
Sec. 22. [SOUTHWEST STAR CONCEPT SCHOOL.]
Subdivision 1. [PILOT PROJECT.] The Southwest Star Concept
School pilot project is created. The purpose of the project is
to serve as a model for the state of Minnesota demonstrating the
capability of a small school district to provide a curriculum
focusing on applied learning and teaching methodology allowing
students to reach high levels of performance on the state
graduation standards.
Subd. 2. [ACTIVITIES.] The school board of independent
school district No. 330, Heron Lake-Okabena, must develop the
Southwest Star Concept School, including its academic framework,
goals, and delivery system in consultation with community
members, teachers, and parents.
Subd. 3. [REPORT.] Independent school district No. 330,
Heron Lake-Okabena, shall conduct an ongoing study of the pilot
project. The ongoing study shall evaluate and compare outcomes
and student performance to other similarly situated school
districts and measure changes in outcomes and student
performance within the school over time. The school district
shall annually report its results to the legislature by February
15 of each year. A final report must be issued by February 15,
2002.
Sec. 23. [MODEL LIFEWORK LEARNING SITES.]
Subdivision 1. [PURPOSE.] Lifework learning sites are
established to develop and model practices of lifework learning.
Lifework learning includes vocational education, preparation for
work, family and community responsibilities, and lifelong
learning.
Subd. 2. [DEFINITION; ELIGIBILITY.] A "lifework learning
site" means a site that focuses on lifework learning and models
school-to-work practices. A lifework learning site may include,
but is not limited to, a site that is:
(1) a public school, including a charter school, an
alternative program, or a post-secondary institution;
(2) located in or connected to a school; or
(3) colocated with an education, commercial, government, or
community enterprise.
Subd. 3. [DESIGNATION.] To be designated a "lifework
learning site," a site must:
(1) develop, implement, and model practices and techniques
consistent with lifework learning and school-to-work performance
indicators;
(2) train school and nonschool staff on lifework learning
and school-to-work practices and methodologies;
(3) provide real world, school-based, work-based, and
service-based learning experiences, integrated with academic
studies that meet Minnesota's graduation standards;
(4) assess and evaluate lifework learning and
school-to-work practices; and
(5) disseminate materials and information about lifework
learning site activities using the state's information
clearinghouse on lifework learning and school-to-work.
Subd. 4. [APPLICATION.] (a) A lifework learning site
applicant must be a partner in a local/regional school-to-work
partnership. To be designated a lifework learning site and
eligible for a grant, the applicant must submit an application
to the governor's workforce council in the form and manner the
council prescribes.
(b) With the advice and recommendation of the vocational
high school planning committee appointed under Laws 1995, First
Special Session chapter 3, article 3, section 12, the council
must select lifework learning sites that:
(1) are committed to lifework learning and school-to-work
practices and methodologies;
(2) are capable and willing to work with the local/regional
school-to-work partnership, and make resources available for the
ongoing function of the site;
(3) implement reaching and learning strategies that support
the graduation standards and innovative teaching and learning
practices;
(4) develop and provide ongoing training for school and
nonschool partners;
(5) use existing education, commercial, government, or
community facilities;
(6) demonstrate how the lifework learning site will serve
all kindergarten through grade 12 students within the community;
and
(7) demonstrate a long-term financial plan to sustain the
lifework learning site.
Subd. 5. [START-UP GRANT AWARDS,] In order for the site to
receive a start-up grant, the site must match the grant amount
with an equal amount of funding or in-kind contributions from
federal, local, or private sources. The grant award shall not
exceed $200,000 for a site. The site shall use the grant for
the start-up costs of the lifework learning site.
Subd. 6. [REPORT.] A grant recipient shall report annually
for three years to the commissioner of children, families, and
learning on implementation of the lifework learning site and the
site's ability to deliver model school-to-work instruction and
learning.
Sec. 24. [THIRD-PARTY PAYMENTS.]
For fiscal year 1998 only, the department to make a
third-party payment under section 12 at a school board's request
if that request is made within 60 days of the effective date of
this section.
Sec. 25. [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 years designated.
Subd. 2. [SECONDARY VOCATIONAL EDUCATION AID.] For
secondary vocational education aid according to Minnesota
Statutes, section 124.573:
$11,617,000 ..... 1998
$11,596,000 ..... 1999
The 1998 appropriation includes $1,180,000 for 1997 and
$10,437,000 for 1998.
The 1999 appropriation includes $1,159,000 for 1998 and
$10,437,000 for 1999.
Subd. 3. [YOUTHWORKS PROGRAM.] For funding youthworks
programs according to Minnesota Statutes, sections 121.701 to
121.710:
$1,838,000 ..... 1998
$1,838,000 ..... 1999
The commissioner may allocate up to $50,000 of the
appropriation for the cost of administering the program.
A grantee organization may provide health and child care
coverage to the dependents of each participant enrolled in a
full-time youth works program to the extent such coverage is not
otherwise available.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
GRANTS.] For education and employment transitions program:
$4,750,000 ..... 1998
$4,750,000 ..... 1999
$500,000 each year is for development of MnCEPs, an
Internet-based education and employment information system.
These are one-time funds.
$1,225,000 in fiscal year 1998 and $1,250,000 in fiscal
year 1999 is for a rebate program for qualifying employers who
employ less than 250 employees, who offer youth internships to
educators. An employer may apply for a rebate of up to $500 for
each paid youth internship and each educator internship, and up
to $3,000 for each paid youth apprenticeship. The commissioner
shall determine the application and payment process.
$450,000 each year is for youth apprenticeship program
grants.
$225,000 each year is for youth entrepreneurship grants
under Minnesota Statutes, section 121.72. Of this amount,
$25,000 each year is for the high school student
entrepreneurship program in independent school district No. 175,
Westbrook. This appropriation shall be used for expenses,
including, but not limited to, salaries, travel, seminars,
equipment purchases, contractual expenses, and other expenses
related to the student-run business.
$125,000 each year is for youth employer grants under Laws
1995, First Special Session chapter 3, article 4, section 28.
$150,000 each year is for parent and community awareness
training.
$825,000 each year is for the development of career
assessment benchmarks, lifework portfolios, industry skill
standards, curriculum development, career academies, and career
programs for elementary, middle school, and at-risk learners.
$400,000 each year is for state level activities, including
the governor's workforce council.
$275,000 each year is for development of occupational
information.
$300,000 each year is for a grant to be made available to a
county government that has established school-to-work projects
with schools located in a city of the first class. These grants
must be used to expand the number of at-risk students
participating in these school-to-work projects. Priority must
be given to projects that demonstrate collaboration between
private employers, collective bargaining representatives, school
officials, and the county government and which prepare at-risk
students for long-term employment with private sector employers
paying a minimum of 150 percent of the federal poverty level for
a family of four and with the majority of their employees in
collective bargaining units.
$250,000 each year is for agricultural school-to-work
grants.
$25,000 is for a grant to the Minnesota Historical Society
for money canceled in fiscal year 1997.
Subd. 5. [MINNESOTA SCHOOL-TO-WORK STUDENT ORGANIZATION
FOUNDATION.] For the Minnesota school-to-work student
organization foundation under Minnesota Statutes, section
121.615:
$375,000 ..... 1998
$375,000 ..... 1999
This appropriation is available until June 30, 1999.
Subd. 6. [SOUTHWEST STAR CONCEPT SCHOOL.] For a grant to
independent school district No. 330, Heron Lake-Okabena, to
establish the Southwest Star Concept School:
$193,000 ..... 1998
This appropriation may be used for equipment, activities
beyond the classroom walls, professional planning assistance,
monitoring, evaluating, and reporting activities related to the
case study prepared in section 22.
Subd. 7. [WORKSTUDY STUDENT COMPENSATION.] For enabling
school districts to pay the employer's share of work study
students compensation under Minnesota Statutes, section
136A.233, subdivision 3:
$50,000 ..... 1998
$50,000 ..... 1999
Money shall be available to districts upon request until
the appropriation is exhausted. The commissioner may establish
an application procedure for allocating the money to districts.
Subd. 8. [LIFEWORK LEARNING SITES.] For lifework learning
sites according to section 23:
$500,000 ..... 1998
$500,000 ..... 1999
Of this amount, $150,000 shall be awarded for a start-up
grant to the Mid-State education district No. 6979 for a job
shadowing program and internships at Camp Ripley.
Any balance remaining in the first year does not cancel but
is available in the second year.
Sec. 26. [EFFECTIVE DATE.]
(a) Sections 11 and 12 are effective for revenue for fiscal
years 1998 and later.
(b) If this act is enacted on or after July 1, 1997, all
sections in this article except for those sections listed in
paragraph (a) are effective the day following final enactment.
ARTICLE 4
EDUCATION ORGANIZATION, COOPERATION, AND FACILITIES
Section 1. Minnesota Statutes 1996, section 120.0621,
subdivision 5a, is amended to read:
Subd. 5a. [TUITION PAYMENTS.] In each odd-numbered year,
before March 1, the state board of education commissioner shall
agree to rates of tuition for Minnesota elementary and secondary
pupils attending in other states for the next two fiscal
years when the other state agrees to negotiate tuition rates.
The board commissioner shall negotiate equal, reciprocal rates
with the designated authority in each state for pupils who
reside in an adjoining state and enroll in a Minnesota school
district. The rates must be at least equal to the tuition
specified in section 120.08, subdivision 1. If the other state
does not agree to negotiate a general tuition rate, a Minnesota
school district may negotiate a tuition rate with the school
district in the other state that sends a pupil to or receives a
pupil from the Minnesota school district. The tuition rate for
a pupil with a disability must be equal to the actual cost of
instruction and services provided. The resident district of a
Minnesota pupil attending in another state under this section
must pay the amount of tuition agreed upon in this section to
the district of attendance, prorated on the basis of the
proportion of the school year attended.
Sec. 2. Minnesota Statutes 1996, section 120.0621,
subdivision 6, is amended to read:
Subd. 6. [EFFECTIVE IF RECIPROCAL.] This section is
effective with respect to South Dakota upon enactment of
provisions by South Dakota that the commissioner determines are
essentially similar to the provisions for Minnesota pupils in
this section. After July 1, 1993, this section is effective
with respect to any other bordering state upon enactment of
provisions by the bordering state that the commissioner
determines are essentially similar to the provisions for
Minnesota pupils in this section.
Sec. 3. Minnesota Statutes 1996, section 120.0621, is
amended by adding a subdivision to read:
Subd. 7. [APPEAL TO THE COMMISSIONER.] If a Minnesota
school district cannot agree with an adjoining state on a
tuition rate for a Minnesota student attending school in that
state and that state has met the requirements in subdivision 6,
then the student's parent or guardian may request that the
commissioner agree on a tuition rate for the student. The
Minnesota school district must pay the amount of tuition the
commissioner agrees upon.
Sec. 4. Minnesota Statutes 1996, section 121.15, is
amended by adding a subdivision to read:
Subd. 1b. [INDOOR AIR QUALITY RESOURCES; COMMISSIONER'S
ROLE.] As part of the consultation under subdivision 1, the
commissioner shall provide each school district with information
concerning indoor air quality.
Sec. 5. Minnesota Statutes 1996, section 121.15,
subdivision 6, is amended to read:
Subd. 6. [REVIEW AND COMMENT.] A school district, a
special education cooperative, or a cooperative unit of
government, as defined in section 123.35, subdivision 19b,
paragraph (d), must not initiate an installment contract for
purchase or a lease agreement, hold a referendum for bonds, nor
solicit bids for new construction, expansion, or remodeling of
an educational facility that requires an expenditure in excess
of $400,000 per school site prior to review and comment by the
commissioner. A school board shall not separate portions of a
single project into components to avoid the requirements of this
subdivision.
Sec. 6. Minnesota Statutes 1996, section 121.15,
subdivision 7, is amended to read:
Subd. 7. [INFORMATION REQUIRED.] A school board proposing
to construct a facility described in subdivision 6 shall submit
to the commissioner a proposal containing information including
at least the following:
(a) the geographic area proposed to be served, whether
within or outside the boundaries of the school district;
(b) the people proposed to be served, including census
findings and projections for the next ten years of the number of
preschool and school-aged people in the area;
(c) the reasonably anticipated need for the facility or
service to be provided;
(d) a description of the construction in reasonable detail,
including: the expenditures contemplated; the estimated annual
operating cost, including the anticipated salary and number of
new staff necessitated by the proposal; and an evaluation of the
energy efficiency and effectiveness of the construction,
including estimated annual energy costs; and a description of
the telephone capabilities of the facility and its classrooms;
(e) a description of existing facilities within the area to
be served and within school districts adjacent to the area to be
served; the extent to which existing facilities or services are
used; the extent to which alternate space is available,
including other school districts, post-secondary institutions,
other public or private buildings, or other noneducation
community resources; and the anticipated effect that the
facility will have on existing facilities and services;
(f) the anticipated benefit of the facility to the area;
(g) if known, the relationship of the proposed construction
to any priorities that have been established for the area to be
served;
(h) the availability and manner of financing the facility
and the estimated date to begin and complete the facility;
(i) desegregation requirements that cannot be met by any
other reasonable means;
(j) the relationship of the proposed facility to the
cooperative integrated learning needs of the area; and
(k) the effects of the proposed facility on the district's
operating budget;
(l) the level of collaboration at the facility between the
district and other governmental or nonprofit entities; and
(m) the extent to which the district has minimized
administrative overhead among facilities.
Sec. 7. Minnesota Statutes 1996, section 121.15, is
amended by adding a subdivision to read:
Subd. 7a. [INDOOR AIR QUALITY.] A school board seeking a
review and comment under this section must submit information
demonstrating to the commissioner's satisfaction that:
(1) indoor air quality issues have been considered; and
(2) the architects and engineers designing the facility
will have professional liability insurance.
Sec. 8. [121.1501] [SCHOOL FACILITY COMMISSIONING.]
Subdivision 1. [APPLICATION.] This section applies to the
installation or retrofitting of heating, ventilation, and air
conditioning systems for which review and comment of the project
under section 121.15 has been requested after the effective date
of this section.
Subd. 2. [SYSTEM INSPECTOR.] For purposes of this section,
system inspector means:
(1) a Minnesota-licensed architect or engineer; or
(2) properly qualified testing and balancing agency or
individual.
Subd. 3. [CERTIFICATION.] Prior to occupying or
reoccupying a school facility affected by this section, a school
board or its designee shall submit a document prepared by a
system inspector to the building official or to the
commissioner, verifying that the facility's heating,
ventilation, and air conditioning system has been installed and
operates according to design specifications.
Subd. 4. [OCCUPANCY.] If the document submitted by the
school board to the local building official or the commissioner
does not demonstrate to that official's satisfaction that the
heating, ventilation, and air conditioning system has been
installed correctly or that the system is not operating at a
level to meet design specifications, the official or
commissioner may allow up to one year of occupancy while the
heating, ventilation, and air conditioning system is improved to
a level that is considered satisfactory by the system inspector.
Sec. 9. Minnesota Statutes 1996, section 124.2445, is
amended to read:
124.2445 [PURCHASE OF CERTAIN EQUIPMENT.]
The board of a school district may issue general obligation
certificates of indebtedness or capital notes subject to the
school district debt limits to purchase: (a) vehicles,
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; and (b)
computer hardware and software, without regard to its expected
useful life, whether bundled with machinery or equipment or
unbundled, together with application development services and
training related to the use of the computer. 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. 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 sum of (1) 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., and (2) any excess amount in the
debt redemption fund used to retire certificates or notes issued
after April 1, 1997, other than amounts used to pay capitalized
interest. A district using an excess amount in the debt
redemption fund to retire the certificates or notes shall report
the amount used for this purpose to the commissioner by July 15
of the following fiscal year. A district having an outstanding
capital loan under section 124.431 or an outstanding debt
service loan under section 124.42 must not use an excess amount
in the debt redemption fund to retire the certificates or notes.
Sec. 10. Minnesota Statutes 1996, 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 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 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 sum of (1) the amount of the tax levies
for debt service certified for each year for payment of the
principal and interest on the bonds., and (2) any excess amount
in the debt redemption fund used to retire bonds issued after
April 1, 1997, other than amounts used to pay capitalized
interest. A district using an excess amount in the debt
redemption fund to retire the bonds shall report the amount used
for this purpose to the commissioner by July 15 of the following
fiscal year. A district having an outstanding capital loan
under section 124.431 or an outstanding debt service loan under
section 124.42 must not use an excess amount in the debt
redemption fund to retire 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, must
be paid off within 20 years of issuance. All the other
provisions and limitation of paragraph (d) apply.
Sec. 11. Minnesota Statutes 1996, section 124.2727,
subdivision 6d, is amended to read:
Subd. 6d. [REVENUE USES.] (a) A district must place its
district cooperation revenue in a reserved account and may only
use the revenue to purchase goods and services from entities
formed for cooperative purposes or to otherwise provide
educational services in a cooperative manner.
(b) A district that was a member of an intermediate school
district organized pursuant to chapter 136D on July 1, 1994 July
1, 1996, must place its district cooperation revenue in a
reserved account and must allocate a portion of the reserved
revenue for instructional services from entities formed for
cooperative services for special education programs and
secondary vocational programs. The allocated amount is equal to
the levy made according to section 124.2727, subdivision 6, for
taxes payable in 1994 divided by the actual pupil units in the
intermediate school district for fiscal year 1995 times the
number of actual pupil units in the school district in 1995.
The district must use 5/11 of the revenue for special education
and 6/11 of the revenue for secondary vocational education. The
district must demonstrate that the revenue is being used to
provide the full range of special education and secondary
vocational programs and services available to each child served
by the intermediate. The secondary vocational programs and
service must meet the requirements established in an
articulation agreement developed between the state board of
education and the board of trustees of the Minnesota state
colleges and universities.
(c) A district that was not a member of an intermediate
district organized under chapter 136D on July 1, 1994, must
spend at least $9 per pupil unit of its district cooperation
revenue on secondary vocational programs.
Sec. 12. Minnesota Statutes 1996, section 124.42,
subdivision 4, is amended to read:
Subd. 4. Each district receiving a debt service loan shall
levy for debt service in that year and each year thereafter,
until all its debts to the fund are paid, (a) the amount of its
maximum effort debt service levy, or (b) the amount of its
required debt service levy less the amount of any debt service
loan in that year, whichever is greater. Whenever the maximum
effort debt service levy is greater the district shall remit to
the commissioner, within ten days after its receipt of the last
regular tax distribution in the year in which it is collected,
that portion of the maximum effort debt service tax collections,
including penalties and interest, which exceeds the required
debt service levy. The district shall remit payments to the
commissioner according to section 124.45. On or before
September 1 30 in each year the commissioner shall notify the
county auditor of each county containing taxable property
situated within the school district of the amount of the maximum
effort debt service levy of the district for that year, and said
county auditor or auditors shall extend upon the tax rolls an ad
valorem tax upon all taxable property within the district in the
aggregate amount so certified.
Sec. 13. Minnesota Statutes 1996, section 124.431,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A
school district or a joint powers district that intends to apply
for a capital loan must submit a proposal to the commissioner
for review and comment according to section 121.15 on or before
July 1 of an odd-numbered year. The commissioner must prepare a
review and comment on the proposed facility, regardless of the
amount of the capital expenditure required to construct the
facility. In addition to the information provided under section
121.15, subdivision 7, the commissioner shall require that
predesign packages comparable to those required under section
16B.335 be prepared by the applicant school district. The
predesign packages must be sufficient to define the scope, cost,
and schedule of the project and must demonstrate that the
project has been analyzed according to appropriate space needs
standards and also consider the following criteria in
determining whether to make a positive review and comment.
(a) To grant a positive review and comment the commissioner
must determine that all of the following conditions are met:
(1) the facilities are needed for pupils for whom no
adequate facilities exist or will exist;
(2) the district will serve, on average, at least 80 pupils
per grade or is eligible for elementary or secondary sparsity
revenue;
(3) no form of cooperation with another district would
provide the necessary facilities;
(4) the facilities are comparable in size and quality to
facilities recently constructed in other districts that have
similar enrollments;
(5) the facilities are comparable in size and quality to
facilities recently constructed in other districts that are
financed without a capital loan;
(6) the district is projected to maintain or increase its
average daily membership over the next five years or is eligible
for elementary or secondary sparsity revenue;
(7) the current facility poses a threat to the life,
health, and safety of pupils, and cannot reasonably be brought
into compliance with fire, health, or life safety codes;
(8) the district has made a good faith effort, as evidenced
by its maintenance expenditures, to adequately maintain the
existing facility during the previous ten years and to comply
with fire, health, and life safety codes and state and federal
requirements for handicapped accessibility;
(9) the district has made a good faith effort to encourage
integration of social service programs within the new facility;
and
(10) evaluations by school boards of adjacent districts
have been received.
(b) The commissioner may grant a negative review and
comment if:
(1) the state demographer has examined the population of
the communities to be served by the facility and determined that
the communities have not grown during the previous five years;
(2) the state demographer determines that the economic and
population bases of the communities to be served by the facility
are not likely to grow or to remain at a level sufficient,
during the next ten years, to ensure use of the entire facility;
(3) the need for facilities could be met within the
district or adjacent districts at a comparable cost by leasing,
repairing, remodeling, or sharing existing facilities or by
using temporary facilities;
(4) the district plans do not include cooperation and
collaboration with health and human services agencies and other
political subdivisions; or
(5) if the application is for new construction, an existing
facility that would meet the district's needs could be purchased
at a comparable cost from any other source within the area.
Sec. 14. Minnesota Statutes 1996, section 124.431,
subdivision 11, is amended to read:
Subd. 11. [CONTRACT.] (a) Each capital loan must be
evidenced by a contract between the school district and the
state acting through the commissioner. The contract must
obligate the state to reimburse the district, from the maximum
effort school loan fund, for eligible capital expenses for
construction of the facility for which the loan is granted, an
amount computed as provided in subdivision 8. The commissioner
must receive from the school district a certified resolution of
the school board estimating the costs of construction and
reciting that contracts for construction of the facilities for
which the loan is granted have been awarded and that bonds of
the district have been issued and sold in the amount necessary
to pay all estimated costs of construction in excess of the
amount of the loan. The contract must obligate the district to
repay the loan out of the excesses of its maximum effort debt
service levy over its required debt service levy, including
interest at a rate equal to the weighted average annual rate
payable on Minnesota state school loan bonds issued for the
project and disbursed to the districts on a reimbursement basis,
but in no event less than 3-1/2 percent per year on the
principal amount from time to time unpaid.
(b) The district shall each year, as long as it is indebted
to the state, levy for debt service (a) (i) the amount of its
maximum effort debt service levy or (b) (ii) the amount of its
required debt service levy, whichever is greater, except as the
required debt service levy may be reduced by a loan under
section 124.42. On November 20 of each year each district
having an outstanding capital loan shall compute the excess
amount in the debt redemption fund. The commissioner shall
prescribe the form and calculation to be used in computing the
excess amount. A completed copy of this form shall be sent to
the commissioner before December 1 of each year. The
commissioner may recompute the excess amount and shall promptly
notify the district of the recomputed amount. On December 15 of
each year, the district shall remit to the commissioner an
amount equal to the excess amount in the debt redemption fund.
When the maximum effort debt service levy is greater, the
district shall remit to the commissioner within ten days after
its receipt of the last regular tax distribution in each year,
that part of the debt service tax collections, including
penalties and interest that exceeded the required debt service
levy. The district shall remit payments to the commissioner
according to section 124.45.
(c) The commissioner shall supervise the collection of
outstanding accounts due the fund and may, by notice to the
proper county auditor, require the maximum levy to be made as
required in this subdivision. Interest on capital loans must be
paid on December 15 of the year after the year the loan is
granted and annually in later years. On or before September 1
30 in each year the commissioner shall notify the county auditor
of each county containing taxable property situated within the
school district of the amount of the maximum effort debt service
levy of the district for that year. The county auditor or
auditors shall extend upon the tax rolls an ad valorem tax upon
all taxable property within the district in the aggregate amount
so certified.
Sec. 15. Minnesota Statutes 1996, section 124.45, is
amended to read:
124.45 [PAYMENT AND APPLICATIONS OF PAYMENT.]
Subdivision 1. [PAYMENT.] (a) On November 20 of each year,
each district having an outstanding capital loan or debt service
loan shall compute the excess amount in the debt redemption
fund. The commissioner shall prescribe the form and calculation
to be used in computing the excess amount. A completed copy of
this form shall be sent to the commissioner before December 1 of
each year. The commissioner may recompute the excess amount and
shall promptly notify the district of the recomputed amount.
(b) On December 15 of each year, the district shall remit
to the commissioner an amount equal to the greater of:
(i) the excess amount in the debt redemption fund; or
(ii) the amount by which the maximum effort debt service
levy exceeds the required debt service levy for that calendar
year.
Any late payments shall be assessed an interest charge using the
interest rates specified for the debt service notes and capital
loan contracts.
(c) If a payment required under the maximum effort school
aid law is not made within 30 days, the commissioner may reduce
any subsequent payments due the district under chapters 124 and
124A by the amount due, after providing written notice to the
district.
Subd. 2. [APPLICATION OF PAYMENTS.] The commissioner shall
apply payments received from collections of maximum effort debt
service levies in excess of required debt service levies of a
district on its debt service notes and capital loan
contracts under the maximum effort school aid law and aids
withheld according to subdivision 1, paragraph (b), as follows:
First, to payment of interest accrued on its notes, if any;
second, to interest on its contracts, if any; third, toward
principal of its notes, if any; and last, toward principal of
its contracts, if any. While more than one note or more than
one contract is held, priority of payment of interest shall be
given to the one of earliest date, and after interest accrued on
all notes is paid, similar priority shall be given in the
application of any remaining amount to the payment of
principal. In any year when the receipts from a district are
not sufficient to pay the interest accrued on any of its notes
or contracts, the deficiency shall be added to the principal,
and the commissioner shall notify the district and each county
auditor concerned of the new amount of principal of the note or
contract.
Sec. 16. [124.825] [HISTORIC BUILDING REVENUE.]
Subdivision 1. [ELIGIBILITY.] A district that maintains a
school building listed on the National Register of Historic
Places is eligible for historic building revenue.
Subd. 2. [REVENUE.] A district's historic building revenue
is equal to $100 times the number of actual pupil units served
in the school building.
Subd. 3. [LEVY.] To obtain historic building revenue, a
district may levy an amount, not to exceed the district's
revenue, equal to the district's revenue authority for that year
times the lesser of one or the ratio of the adjusted net tax
capacity divided by its actual pupil units for that school year
to $10,000.
Subd. 4. [AID.] A district's historic building aid is
equal to the difference between the district's revenue minus the
levy. If a district does not levy the entire amount permitted,
the district's aid must be reduced in proportion to the amount
levied.
Sec. 17. Minnesota Statutes 1996, section 124.83,
subdivision 1, is amended to read:
Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive
health and safety revenue for any fiscal year a district must
submit to the commissioner of children, families, and learning
an application for aid and levy by the date determined by the
commissioner. The application may be for hazardous substance
removal, fire and life safety code repairs, labor and industry
regulated facility and equipment violations, and health, safety,
and environmental management, including indoor air quality
management. The application must include a health and safety
program adopted by the school district board. The program must
include the estimated cost, per building, of the program by
fiscal year.
Sec. 18. Minnesota Statutes 1996, section 124.83,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF PROGRAM.] A district must adopt a
health and safety program. The program must include plans,
where applicable, for hazardous substance removal, fire and life
safety code repairs, regulated facility and equipment
violations, and health, safety, and environmental management,
including indoor air quality management.
(a) A hazardous substance plan must contain provisions for
the removal or encapsulation of asbestos from school buildings
or property, asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property,
and cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline,
fuel, oil, and special fuel, as defined in section 296.01. If a
district has already developed a plan for the removal or
encapsulation of asbestos as required by the federal Asbestos
Hazard Emergency Response Act of 1986, the district may use a
summary of that plan, which includes a description and schedule
of response actions, for purposes of this section. The plan
must also contain provisions to make modifications to existing
facilities and equipment necessary to limit personal exposure to
hazardous substances, as regulated by the federal Occupational
Safety and Health Administration under Code of Federal
Regulations, title 29, part 1910, subpart Z; or is determined by
the commissioner to present a significant risk to district staff
or student health and safety as a result of foreseeable use,
handling, accidental spill, exposure, or contamination.
(b) A fire and life safety plan must contain a description
of the current fire and life safety code violations, a plan for
the removal or repair of the fire and life safety hazard, and a
description of safety preparation and awareness procedures to be
followed until the hazard is fully corrected.
(c) A facilities and equipment violation plan must contain
provisions to correct health and safety hazards as provided in
department of labor and industry standards pursuant to section
182.655.
(d) A health, safety, and environmental management plan
must contain a description of training, record keeping, hazard
assessment, and program management as defined in section 124.829.
(e) A plan to test for and mitigate radon produced hazards.
(f) A plan to monitor and improve indoor air quality.
Sec. 19. Minnesota Statutes 1996, section 124.91,
subdivision 1, is amended to read:
Subdivision 1. [TO LEASE BUILDING OR LAND.] (a) 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 operating capital expenditure facilities revenues revenue
authorized under sections 124.243 and section 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.
(b) 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.
(c) For agreements finalized after July 1, 1997, a district
may not levy under this subdivision for the purpose of leasing:
(1) a newly constructed building used primarily for regular
kindergarten, elementary, or secondary instruction; or (2) a
newly constructed building addition or additions used primarily
for regular kindergarten, elementary, or secondary instruction
that contains more than 20 percent of the square footage of the
previously existing building.
(d) The total levy under this subdivision for a district
for any year must not exceed $100 times the actual pupil units
for the fiscal year to which the levy is attributable.
Sec. 20. Minnesota Statutes 1996, section 124.95,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) The following portions of a
district's debt service levy qualify for debt service
equalization:
(1) debt service for repayment of principal and interest on
bonds issued before July 2, 1992;
(2) debt service for bonds refinanced after July 1, 1992,
if the bond schedule has been approved by the commissioner and,
if necessary, adjusted to reflect a 20-year maturity schedule;
and
(3) debt service for bonds issued after July 1, 1992, for
construction projects that have received a positive review and
comment according to section 121.15, if the commissioner has
determined that the district has met the criteria under section
124.431, subdivision 2, and if the bond schedule has been
approved by the commissioner and, if necessary, adjusted to
reflect a 20-year maturity schedule.
(b) The criterion in section 124.431, subdivision 2,
paragraph (a), clause (2), shall be considered to have been met
if the district in the fiscal year in which the bonds are
authorized at an election conducted under chapter 475:
(i) serves an average of at least 66 pupils per grade in
the grades to be served by the facility if grades 9 through 12
are to be served by the facility, and an average of at least 66
pupils per grade in these grades are served; or
(ii) is eligible for elementary or secondary sparsity
revenue.
(c) The criterion in section 124.431, subdivision 2,
paragraph (a), clause (2), shall also be considered to have been
met if the construction project under review serves students in
kindergarten to grade 8. Only the debt service levy for that
portion of the facility serving students in prekindergarten to
grade 8, as determined by the commissioner, shall be eligible
for debt service equalization under this paragraph.
(d) The criterion described in section 124.431, subdivision
2, paragraph (a), clause (9), does not apply to bonds authorized
by elections held before July 1, 1992.
(e) For the purpose of this subdivision the department
shall determine the eligibility for sparsity at the location of
the new facility, or the site of the new facility closest to the
nearest operating school if there is more than one new facility.
(f) Notwithstanding paragraphs (a) to (e), debt service for
repayment of principal and interest on bonds issued after July
1, 1997, does not qualify for debt service equalization aid
unless the primary purpose of the facility is to serve students
in kindergarten through grade 12.
Sec. 21. Minnesota Statutes 1996, section 124.961, is
amended to read:
124.961 [DEBT SERVICE APPROPRIATION.]
(a) $30,054,000 $35,480,000 in fiscal year
1996 1998, $28,162,000 $38,159,000 in fiscal year 1997 1999,
and $33,948,000 $38,390,000 in fiscal year 1998 2000 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
2000 appropriation includes $4,970,000 $3,842,000 for 1997
1999 and $28,978,000 $34,548,000 for 1998 2000.
(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. 22. Minnesota Statutes 1996, section 124A.22,
subdivision 10, is amended to read:
Subd. 10. [TOTAL OPERATING CAPITAL REVENUE.] (a) For
fiscal year 1997 1999 and thereafter, total operating capital
revenue for a district equals the amount determined under
paragraph (b), or (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 1999 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 the school year.
(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) For fiscal years 1998 and later, the revenue for a
district that operates a program under section 121.585, is
increased by an amount equal to $15 $30 times the number of
actual pupil units at the site where the program is implemented.
Sec. 23. Minnesota Statutes 1996, section 124A.22,
subdivision 11, is amended to read:
Subd. 11. [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total
operating capital revenue may be used only for the following
purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes,
up to $400,000;
(3) to rent or lease buildings, including the costs of
building repair or improvement that are part of a lease
agreement;
(4) to improve and repair school sites and buildings, and
equip or reequip school buildings with permanent attached
fixtures;
(5) for a surplus school building that is used
substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school
buildings by individuals with a disability;
(7) to bring school buildings into compliance with the
uniform fire code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate
asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls
found in school buildings;
(10) to clean up, remove, dispose of, and make repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01;
(11) for energy audits for school buildings and to modify
buildings if the audit indicates the cost of the modification
can be recovered within ten years;
(12) to improve buildings that are leased according to
section 123.36, subdivision 10;
(13) to pay special assessments levied against school
property but not to pay assessments for service charges;
(14) to pay principal and interest on state loans for
energy conservation according to section 216C.37 or loans made
under the northeast Minnesota economic protection trust fund act
according to sections 298.292 to 298.298;
(15) to purchase or lease interactive telecommunications
equipment;
(16) by school board resolution, to transfer money into the
debt redemption fund to: (i) pay the amounts needed to meet,
when due, principal and interest payments on certain obligations
issued according to chapter 475; or (ii) pay principal and
interest on debt service loans or capital loans according to
section 124.44;
(17) to pay capital expenditure equipment-related
assessments of any entity formed under a cooperative agreement
between two or more districts;
(18) to purchase or lease computers and related materials,
copying machines, telecommunications equipment, and other
noninstructional equipment;
(19) to purchase or lease assistive technology or equipment
for instructional programs;
(20) to purchase textbooks;
(21) to purchase new and replacement library books;
(22) to purchase vehicles;
(23) to purchase or lease telecommunications equipment,
computers, and related equipment for integrated information
management systems for:
(i) managing and reporting learner outcome information for
all students under a results-oriented graduation rule;
(ii) managing student assessment, services, and achievement
information required for students with individual education
plans; and
(iii) other classroom information management needs; and
(24) to pay personnel costs directly related to the
acquisition, operation, and maintenance of telecommunications
systems, computers, related equipment, and network and
applications software.
Sec. 24. Minnesota Statutes 1996, section 136D.72,
subdivision 2, is amended to read:
Subd. 2. [TERMS.] The terms of the members of the first
school board shall, as nearly as possible, consist of one-third
of the members for one year, one-third of the members for two
years, and one-third of the members for three years. The
members of the first board shall determine by lot which length
of term each member of the first board shall be assigned. Terms
of office of the members of the board shall expire on June 30
January 1. Thereafter the terms of office of board members
shall be for three four years commencing on July 1 January 1 of
each year. If a vacancy occurs on the board, it shall be filled
by the appropriate school board. A person appointed to the
board shall qualify as a board member by filing with the chief
executive officer thereof a written certificate of appointment
from the appointing school board.
Sec. 25. Minnesota Statutes 1996, section 136D.72,
subdivision 3, is amended to read:
Subd. 3. [ANNUAL ORGANIZATIONAL MEETING.] The first
meeting of the first school board shall be at such time mutually
agreed to by the members appointed by the participating school
districts. Thereafter The school board shall meet in July
January of each year when notified of such meeting by the chief
executive officer of the intermediate school district. At such
first the organizational meeting, the officers of the
intermediate school district for the current year shall be
chosen and such other organizational business as may be
necessary shall be conducted.
Sec. 26. [DUTIES OF THE DEPARTMENT OF CHILDREN, FAMILIES,
AND LEARNING.]
Subdivision 1. [DUTIES.] (a) The department of children,
families, and learning, in collaboration with the departments of
health and administration, school districts, and other public
and private agencies, must develop the following:
(1) an indoor air quality maintenance manual;
(2) a planning and construction manual to assure indoor air
quality; and
(3) a public information plan for students, parents, staff,
and other members of the public.
(b) The above manuals and plans shall include:
(1) process standards for school districts and the
department of children, families, and learning to follow when
addressing indoor air quality concerns;
(2) informational materials for a model school district
indoor air quality program;
(3) training needs for school district employees;
(4) procedures for school districts when disseminating
indoor air quality information and test results to parents,
teachers, and other persons;
(5) indoor air quality considerations under the review and
comment process for school buildings, specific evaluations of
proposed construction standards and materials, to be included in
the review and comment standards;
(6) building systems maintenance and housekeeping practices
required to assure adequate indoor air quality;
(7) architectural, engineering, maintenance engineering,
and other design practices to positively affect indoor air
quality;
(8) regional and state resources available to assist
districts with information and training needs of school staff,
parents, and community;
(9) regional and state resources available to assist
districts with medical evaluation relative to indoor air quality
complaints; and
(10) recommended steps a district should take to attain a
satisfactory level of indoor air quality.
Subd. 2. [RESOURCE MANUAL; REPORT.] The indoor air quality
resource manual must be made available for distribution and
training February 1, 1998, and a report regarding the status of
indoor air quality in Minnesota schools will be made to the 1998
legislature.
Sec. 27. [TRANSITION.]
As a result of section 24, the terms of office of members
and officers of the board shall be lengthened to expire on the
January 1 following the June 30 on which they otherwise would
have expired.
Sec. 28. [REVENUE USE APPROVAL.]
The use of revenue for construction in independent school
district No. 561, Goodridge, authorized in Laws 1995, First
Special Session chapter 3, article 8, section 23, and in
independent school district No. 600, Fisher, authorized in Laws
1995, First Special Session chapter 3, article 8, section 22,
subdivision 21, is approved. The department shall not make any
levy or aid adjustments related to these projects.
Sec. 29. [CHISAGO LAKES AREA SCHOOLS, BONDED DEBT.]
Independent school district No. 2144, Chisago Lakes Area,
may modify its plan adopted according to Minnesota Statutes,
section 122.242, subdivision 9, clause (1), so that independent
school district No. 2144 assumes all of the remaining debt
service as of the effective date of this section for bonds that
were outstanding at the time of the combination of independent
school districts No. 141, Chisago Lakes and No. 140, Taylors
Falls, and the tax levy for that debt service is spread on all
the property in independent school district No. 2144, Chisago
Lakes Area.
Sec. 30. [LEASE LEVY; NORTH ST. PAUL-MAPLEWOOD.]
Notwithstanding Minnesota Statutes, section 124.91,
subdivision 1, independent school district No. 622, North St.
Paul-Maplewood, annually may levy the amount necessary to pay
its obligations under a lease or a lease with option to purchase
agreement during the term of that agreement for the financing of
capital improvements approved by its school board to the
building, or any portion thereof, at 2520 East Twelfth Avenue,
North St. Paul. The total payments under the terms of the lease
may not exceed $4,000,000. The agreement must be executed by
July 1, 1998, and may include a sale and leaseback with option
to purchase with a public or private entity. The agreement is
not required to include a nonappropriation clause. An election
is not required in connection with the execution of the
agreement and the obligation created by the agreement does not
constitute debt and must not be included in the calculation of
net debt for the district. Levies under this section do not
qualify for debt service equalization aid.
Sec. 31. [LEVY FOR EXTENDED SCHOOL HOURS AND DAYS.]
In addition to other levies, independent school district
Nos. 622, North St. Paul-Maplewood-Oakdale; 833, South
Washington County; and 834, Stillwater may each levy up to
$200,000 each year for the costs of operating extended year,
extended day, or all day kindergarten programs at the joint
elementary facility authorized in Laws 1995, First Special
Session chapter 3, article 5, section 19.
Sec. 32. [SPECIAL EDUCATION AND SECONDARY VOCATIONAL
FACILITIES.]
The commissioner shall review and report on the quality,
availability, and accessibility of intermediate school district
special education and secondary vocational facilities and shall
make recommendations to the legislature concerning alternatives
that are cost-effective and in the best interests of the
students in such programs.
Sec. 33. [1996-1997 AVERAGE DAILY MEMBERSHIP.]
Notwithstanding Minnesota Statutes, section 124.17, the
1996-1997 average daily membership for a school building closed
due to flooding for part of the school year and reopened before
the end of the school year shall be the greater of the amount
that would have been computed if the school building had not
reopened or the amount computed using actual data for the entire
school year.
Sec. 34. [FISCAL YEAR 1998 DECLINING PUPIL UNIT AID.]
For fiscal year 1998 only, a school district with one or
more school buildings closed during the 1996-1997 school year
due to flooding is eligible for declining pupil unit aid equal
to the greater of zero or the product of the general education
formula allowance for fiscal year 1998 times the difference
between the district's actual pupil units for the 1996-1997
school year and the district's actual pupil units for the
1997-1998 school year.
Sec. 35. [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 years designated.
Subd. 2. [SPECIAL CONSOLIDATION AID.] For special
consolidation aid under Minnesota Statutes, section 124.2728:
$3,000 ..... 1998
The 1998 appropriation includes $3,000 for 1997 and $0 for
1998.
Subd. 3. [CONSOLIDATION TRANSITION AID.] For districts
consolidating under Minnesota Statutes, section 124.2726:
$1,254,000 ..... 1998
$1,151,000 ..... 1999
The 1998 appropriation includes $67,000 for 1997 and
$1,187,000 for 1998.
The 1999 appropriation includes $131,000 for 1998 and
$1,020,000 for 1999.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [COOPERATION AND COMBINATION AID.] For aid for
districts that cooperate and combine according to Minnesota
Statutes, section 124.2725:
$562,000 ..... 1998
$ 42,000 ..... 1999
The 1998 appropriation includes $178,000 for 1997 and
$384,000 for 1998.
The 1999 appropriation includes $42,000 for 1998 and $0 for
1999.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [DISTRICT COOPERATION REVENUE.] For district
cooperation revenue aid:
$9,766,000 ..... 1998
$8,780,000 ..... 1999
The 1998 appropriation includes $1,172,000 for 1997 and
$8,561,000 for 1998.
The 1999 appropriation includes $951,000 for 1998 and
$7,829,000 for 1999.
Subd. 6. [HISTORIC BUILDING AID.] For historic building
aid under section 124.825:
$173,000 ..... 1998
$173,000 ..... 1999
Subd. 7. [HIBBING GRANT.] For a grant to independent
school district No. 701, Hibbing, for expenses not covered by
insurance for a fire loss at Hibbing high school:
$250,000 ..... 1998
Independent school district No. 701, Hibbing, shall
reimburse the state general fund for any expenses covered by
this appropriation that are recovered as a result of a lawsuit
related to the fire loss at Hibbing high school.
Subd. 8. [PLANNING GRANT; ISLE.] For a facilities planning
grant to independent school district No. 473, Isle:
$100,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 9. [FLOOD LOSSES.] For grants and loans to
independent school district Nos. 2854, Ada-Borup; 2176,
Warren-Alvarado-Oslo; 846, Breckenridge; 595, East Grand Forks;
and other districts affected by the 1997 floods for expenses
associated with the floods not covered by insurance or state or
federal disaster relief:
$4,700,000 ..... 1998
The commissioner shall award grants and loans to school
districts to cover expenses associated with the 1997 floods.
The grants or loans may be for capital losses or for
extraordinary operating expenses resulting from the floods.
School districts shall repay any loan or grant amounts to the
department if those amounts are otherwise funded from other
sources. The commissioner shall establish the terms and
conditions of any loans and may request any necessary
information from school districts before awarding a grant or
loan. This appropriation shall also be used to fund aid under
sections 33 and 34.
Sec. 36. [REPEALER.]
Minnesota Statutes 1996, section 124.2728, is repealed
effective for revenue for fiscal year 1999.
Sec. 37. [EFFECTIVE DATE.]
(a) Section 20 is effective for bonds outstanding on July
1, 1997, that meet the criteria in section 20 and is effective
for revenue for fiscal year 1999.
(b) Section 29 is effective the day following compliance by
the school board of independent school district No. 2144,
Chisago Lakes Area, with Minnesota Statutes, section 645.021,
and contingent upon successful passage of new bond issue under
Minnesota Statutes, section 475.58.
(c) Section 22 is effective for revenue for fiscal year
1999, except that the allowance increase in section 22 is
effective for revenue for fiscal year 1998, and the change in
previous formula revenue under paragraph (c) is effective
immediately.
(d) If this act is enacted on or after July 1, 1997, all
sections in this article except those sections listed in
paragraphs (a) to (c) are effective the day following final
enactment.
ARTICLE 5
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 1996, section 120.062,
subdivision 3, is amended to read:
Subd. 3. [CLOSED DISTRICTS LIMITED ENROLLMENT OF
NONRESIDENT PUPILS.] (a) A school board may, by
resolution, determine that limit the enrollment of nonresident
pupils may not attend any of in its schools or programs
according to this section. to a number not less than the lesser
of:
(1) one percent of the total enrollment at each grade level
in the district; or
(2) the number of district residents at that grade level
enrolled in a nonresident district according to this section.
(b) A district that limits enrollment of nonresident pupils
under paragraph (a) shall report to the commissioner by July 15
on the number of nonresident pupils denied admission due to the
limitations on the enrollment of nonresident pupils.
Sec. 2. Minnesota Statutes 1996, section 120.062,
subdivision 6, is amended to read:
Subd. 6. [NONRESIDENT DISTRICT PROCEDURES.] A district
that does not exclude nonresident pupils, according to
subdivision 3, shall notify the parent or guardian in writing by
February 15 whether the application has been accepted or
rejected. If an application is rejected, the district must
state in the notification the reason for rejection. The parent
or guardian shall notify the nonresident district by March 1
whether the pupil intends to enroll in the nonresident
district. Notice of intent to enroll in the nonresident
district obligates the pupil to attend the nonresident district
during the following school year, unless the school boards of
the resident and the nonresident districts agree in writing to
allow the pupil to transfer back to the resident district, or
the pupil's parents or guardians change residence to another
district. If a parent or guardian does not notify the
nonresident district, the pupil may not enroll in that
nonresident district during the following school year, unless
the school boards of the resident and nonresident district agree
otherwise. The nonresident district shall notify the resident
district by March 15 of the pupil's intent to enroll in the
nonresident district. The same procedures apply to a pupil who
applies to transfer from one participating nonresident district
to another participating nonresident district.
Sec. 3. Minnesota Statutes 1996, section 120.062,
subdivision 7, is amended to read:
Subd. 7. [BASIS FOR DECISIONS.] The school board must
adopt, by resolution, specific standards for acceptance and
rejection of applications. Standards may include the capacity
of a program, class, grade level, or school building. The
school board may not reject applications for enrollment in a
particular grade level if the nonresident enrollment at that
grade level does not exceed the limit set by the board under
subdivision 3. Standards may not include previous academic
achievement, athletic or other extracurricular ability,
disabling conditions, proficiency in the English language, or
previous disciplinary proceedings, or the student's district of
residence.
Sec. 4. Minnesota Statutes 1996, section 120.062,
subdivision 11, is amended to read:
Subd. 11. [INFORMATION.] A district that does not exclude
nonresident pupils according to subdivision 3 shall make
information about the district, schools, programs, policies, and
procedures available to all interested people.
Sec. 5. Minnesota Statutes 1996, section 120.064,
subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] A school board, private college,
community college, state university, technical college, or the
University of Minnesota may sponsor one or more charter schools.
No more than a total of 40 charter schools may be
authorized not more than three of which may be sponsored by
public post-secondary institutions. The state board of
education shall advise potential sponsors when the maximum
number of charter schools has been authorized.
Sec. 6. Minnesota Statutes 1996, section 120.064,
subdivision 8, is amended to read:
Subd. 8. [REQUIREMENTS.] (a) A charter school shall meet
all applicable state and local health and safety requirements.
(b) The A school must sponsored by a school board may be
located in the sponsoring any district, unless another the
school board agrees to locate a charter school sponsored by
another district in its boundaries of the district of the
proposed location disapproves by written resolution. If such a
school board denies a request to locate within its boundaries a
charter school sponsored by another district school board, the
sponsoring district school board may appeal to the state board
of education. If the state board authorizes the school, the
state board shall sponsor the school.
(c) A charter school must be nonsectarian in its programs,
admission policies, employment practices, and all other
operations. A sponsor may not authorize a charter school or
program that is affiliated with a nonpublic sectarian school or
a religious institution.
(d) Charter schools shall not be used as a method of
providing education or generating revenue for students who are
being home-schooled.
(e) The primary focus of a charter school must be to
provide a comprehensive program of instruction for at least one
grade or age group from five through 18 years of age.
Instruction may be provided to people younger than five years
and older than 18 years of age.
(f) A charter school may not charge tuition.
(g) A charter school is subject to and shall comply with
chapter 363 and section 126.21.
(h) A charter school is subject to and shall comply with
the pupil fair dismissal act, sections 127.26 to 127.39, and the
Minnesota public school fee law, sections 120.71 to 120.76.
(i) A charter school is subject to the same financial
audits, audit procedures, and audit requirements as a school
district. The audit must be consistent with the requirements of
sections 121.904 to 121.917, except to the extent deviations are
necessary because of the program at the school. The department
of children, families, and learning, state auditor, or
legislative auditor may conduct financial, program, or
compliance audits.
(j) A charter school is a school district for the purposes
of tort liability under chapter 466.
Sec. 7. Minnesota Statutes 1996, section 120.064,
subdivision 10, is amended to read:
Subd. 10. [PUPIL PERFORMANCE.] A charter school must
design its programs to at least meet the outcomes adopted by the
state board of education for public school students. In the
absence of state board requirements, the school must meet the
outcomes contained in the contract with the sponsor. The
achievement levels of the outcomes contained in the contract may
exceed the achievement levels of any outcomes adopted by the
state board for public school students.
Sec. 8. Minnesota Statutes 1996, section 120.064, is
amended by adding a subdivision to read:
Subd. 14a. [REVIEW AND COMMENT.] The department shall
review and comment on the evaluation, by the chartering school
district, of the performance of a charter school before the
charter school's contract is renewed. The information from the
review and comment shall be reported to the state board of
education in a timely manner. Periodically, the state board
shall report trends or suggestions based on the evaluation of
charter school contracts to the education committees of the
state legislature.
Sec. 9. Minnesota Statutes 1996, section 120.064,
subdivision 20a, is amended to read:
Subd. 20a. [TEACHERS TEACHER AND OTHER EMPLOYEE
RETIREMENT.] (a) Teachers in a charter school shall be public
school teachers for the purposes of chapters 354 and 354a.
(b) Except for teachers under paragraph (a), employees in a
charter school shall be public employees for the purposes of
chapter 353.
Sec. 10. Minnesota Statutes 1996, section 121.611, is
amended to read:
121.611 [NONLICENSED COMMUNITY EXPERTS; VARIANCE.]
Subdivision 1. [AUTHORIZATION.] Notwithstanding any law or
state board of education rule to the contrary, the board of
teaching may allow school districts or charter schools to hire
nonlicensed community experts to teach in the public schools or
charter schools on a limited basis according to this section.
Subd. 2. [APPLICATIONS; CRITERIA.] The school district or
charter school shall apply to the board of teaching for approval
to hire nonlicensed teaching personnel from the community. In
approving or disapproving the district's application for each
community expert, the board shall consider:
(1) the qualifications of the community person whom the
district or charter school proposes to employ;
(2) the reasons for the district's need for a variance from
the teacher licensure requirements;
(3) the district's efforts to obtain licensed teachers, who
are acceptable to the school board, for the particular course or
subject area or the charter school's efforts to obtain licensed
teachers for the particular course or subject area;
(4) the amount of teaching time for which the community
expert would be hired;
(5) the extent to which the district or charter school is
utilizing other nonlicensed community experts under this
section;
(6) the nature of the community expert's proposed teaching
responsibility; and
(7) the proposed level of compensation to the community
expert.
Subd. 3. [APPROVAL OF PLAN.] The board of teaching shall
approve or disapprove an application within 60 days of receiving
it from a school district or charter school.
Sec. 11. Minnesota Statutes 1996, section 123.951, is
amended to read:
123.951 [SCHOOL SITE DECISION-MAKING AGREEMENT.]
Subdivision 1. [DEFINITION.] "Education site" means a
separate facility. A program within a facility is an education
site if the school board recognizes it as a site.
Subd. 2. [AGREEMENT.] (a) A Either the school board or the
school site decision-making team may request that the school
board may enter into an agreement with a school site
decision-making team concerning the governance, management, or
control of any the school in the district. Upon a written
request from a proposed school site decision-making team, An
initial A school site decision-making team shall be appointed by
the school board and may include the school
principal, representatives of teachers in the school or their
designee, representatives of other employees in the
school, representatives of parents of pupils in the school,
representatives of pupils in the school, representatives of or
other members in the community, or others determined appropriate
by the board. The school site decision-making team shall
include the school principal or other person having general
control and supervision of the school. The site decision-making
team must reflect the diversity of the education site. No more
than one-half of the members shall be employees of the district.
(b) School site decision-making agreements must delegate
powers and, duties, and broad management responsibilities to
site teams and involve staff members, students as appropriate,
and parents in decision making.
(c) An agreement shall include a statement of powers,
duties, responsibilities, and authority to be delegated to and
within the site.
(d) An agreement may include:
(1) a mechanism to implement flexible support systems for
improvement in student achievement of education outcomes an
achievement contract according to subdivision 4;
(2) a decision-making structure that allows teachers to
identify instructional problems and control and apply the
resources needed to solve them;
(3) a mechanism to allow principals, or other persons
having general control and supervision of the school, to make
decisions regarding how financial and personnel resources are
best allocated at the site and from whom goods or services are
purchased;
(4) (3) a mechanism to implement parental involvement
programs under section 126.69 and to provide for effective
parental communication and feedback on this involvement at the
site level;
(5) (4) a provision that would allow the team to determine
who is hired into licensed and nonlicensed positions;
(6) (5) a provision that would allow teachers to choose the
principal or other person having general control;
(7) direct contact with other social service providers;
(8) in-service training for site decision-making team
members for financial management of school sites; and
(9) (6) an amount of revenue allocated to the site under
subdivision 3; and
(7) any other powers and duties determined appropriate by
the board.
The school board of the district remains the legal employer
under clauses (5) (4) and (6) (5).
(d) (e) Any powers or duties not delegated to the school
site management team in the school site management agreement
shall remain with the school board.
(e) (f) Approved agreements shall be filed with the
commissioner. If a school board denies a request to enter into
a school site management agreement, it shall provide a copy of
the request and the reasons for its denial to the commissioner.
Subd. 3. [REVENUE AND COST ALLOCATION.] Revenue for a
fiscal year received or receivable by the district shall be
allocated to education sites based on the agreement between the
school board and the site decision-making team. Revenue shall
remain allocated to each site until used by the site. The site
teams and the board may enter an agreement that permits the
district to provide services and retain the revenue required to
pay for the services provided. The district remains responsible
for legally entering into contracts and expending funds. For
the purposes of this subdivision, "allocation" means that the
determination of the use of the revenue shall be under the
control of the site. The district may charge the accounts of
each site the actual costs of goods and services from the
general or capital funds attributable to the site.
Subd. 4. [ACHIEVEMENT CONTRACT.] A school board may enter
a written education site achievement contract with each site
decision-making team for the purpose of setting learning
performance expectations for that site, including the goals for
improvement in each area of student performance during the next
year, a plan to assist the education site if their goals are not
achieved, and other performance expectations and measures
determined by the board and the site decision-making team.
Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of
children, families, and learning, in consultation with
appropriate educational organizations, shall:
(1) upon request, provide technical support for districts
and sites with agreements under this section;
(2) conduct and compile research on the effectiveness of
site decision making; and
(3) periodically report on and evaluate the effectiveness
of site management agreements on a statewide basis.
Sec. 12. Minnesota Statutes 1996, section 123.972,
subdivision 5, is amended to read:
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; and
(5) the amount and type of revenue attributed to each
education site as defined in section 123.951, subdivision 2.
(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.
Sec. 13. Minnesota Statutes 1996, section 124.248, is
amended by adding a subdivision to read:
Subd. 2a. [BUILDING LEASE AID.] When a charter school
finds it economically advantageous to rent or lease a building
or land for any instructional purposes and it determines that
the total operating capital revenue under section 124A.22,
subdivision 10, is insufficient for this purpose, it may apply
to the commissioner for building lease aid for this purpose.
Criteria for aid approval and revenue uses shall be as defined
for the building lease levy in section 124.91, subdivision 1.
The amount of building lease aid per pupil unit for a charter
school for any year shall not exceed the lesser of (a) 80
percent of the approved cost or (b) the product of the actual
pupil units for the current school year times the sum of the
state average debt redemption fund revenue plus capital revenue,
according to section 124.91, per actual pupil unit for the
current fiscal year.
Sec. 14. Minnesota Statutes 1996, section 124.248,
subdivision 4, is amended to read:
Subd. 4. [OTHER AID, GRANTS, REVENUE.] (a) A charter
school is eligible to receive other aids, grants, and revenue
according to chapters 120 to 129, as though it were a school
district except that, notwithstanding section 124.195,
subdivision 3, the payments shall be of an equal amount on each
of the 23 payment dates unless a charter school is in its first
year of operation in which case it shall receive on its first
payment date 15 10 percent of its cumulative amount guaranteed
for the year and 22 payments of an equal amount thereafter the
sum of which shall be 85 90 percent of the cumulative amount
guaranteed. However, it may not receive aid, a grant, or
revenue if a levy is required to obtain the money, except as
otherwise provided in this section. Federal aid received by the
state must be paid to the school, if it qualifies for the aid as
though it were a school district.
(b) Any revenue received from any source, other than
revenue that is specifically allowed for operational,
maintenance, capital facilities revenue under paragraph (c), and
capital expenditure equipment costs under this section, may be
used only for the planning and operational start-up costs of a
charter school. Any unexpended revenue from any source under
this paragraph must be returned to that revenue source or
conveyed to the sponsoring school district, at the discretion of
the revenue source.
(c) A charter school may receive money from any source for
capital facilities needs. Any unexpended capital facilities
revenue must be reserved and shall be expended only for future
capital facilities purposes. In the year-end report to the
state board of education, the charter school shall report the
total amount of funds received from grants and other outside
sources.
Sec. 15. Minnesota Statutes 1996, section 124.248, is
amended by adding a subdivision to read:
Subd. 6. [START-UP COSTS.] During the first two years of a
charter school's operation, the charter school is eligible for
aid to pay for start-up costs and additional operating costs.
Start-up cost aid equals the greater of:
(1) $50,000 per charter school; or
(2) $500 times the charter school's pupil units for that
year.
Sec. 16. Minnesota Statutes 1996, section 125.05,
subdivision 1c, is amended to read:
Subd. 1c. [SUPERVISORY AND COACH QUALIFICATIONS; CODE OF
ETHICS.] The state board of education shall issue licenses under
its jurisdiction to persons the state board finds to be
qualified and competent for their respective positions under the
rules it adopts. The state board of education may develop, by
rule, a code of ethics for supervisory personnel covering
standards of professional practices, including areas of ethical
conduct and professional performance and methods of enforcement.
Sec. 17. Minnesota Statutes 1996, section 125.05,
subdivision 2, is amended to read:
Subd. 2. [EXPIRATION AND RENEWAL.] (a) Each license issued
the department of children, families, and learning issues
through the its licensing section of the department of children,
families, and learning must bear the date of issue. Licenses
must expire and be renewed in accordance with according to the
respective rules adopted by the board of teaching or the state
board of education adopts. Requirements for renewal of renewing
a license must include production of showing satisfactory
evidence of successful teaching experience for at least one
school year during the period covered by the license in grades
or subjects for which the license is valid or completion of
completing such additional preparation as the board of
teaching shall prescribe prescribes. The state board of
education shall establish requirements for renewal of renewing
the licenses of supervisory personnel must be established by the
state board of education.
(b) The board of teaching shall offer alternative
continuing relicensure options for teachers who are accepted
into and complete the national board for professional teaching
standards certification process, and offer additional continuing
relicensure options for teachers who earn national board for
professional teaching standards certification. Continuing
relicensure requirements for teachers who do not maintain
national board for professional teaching standards certification
are those the board prescribes.
Sec. 18. Minnesota Statutes 1996, 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
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. 19. Minnesota Statutes 1996, section 126.22,
subdivision 3a, is amended to read:
Subd. 3a. [ADDITIONAL ELIGIBLE PROGRAM.] A pupil who is at
least 16 years of age, who is eligible under subdivision 2,
clause (a), and who has been enrolled only in a public school,
if the pupil has been enrolled in any school, during the year
immediately before transferring under this subdivision, may
transfer to any nonprofit, nonpublic school that has contracted
with the serving school district to provide nonsectarian
educational services. Such a school must enroll every eligible
pupil who seeks to transfer to the school under this program
subject to available space.
Sec. 20. Laws 1995, First Special Session chapter 3,
article 11, section 21, subdivision 3, is amended to read:
Subd. 3. [CHARTER SCHOOL EVALUATION.] For the state board
of education to evaluate the performance of charter schools
authorized according to Minnesota Statutes, section 120.064:
$75,000 ..... 1996
The state board must review and comment on the evaluation,
by the chartering school district, of the performance of a
charter school before that charter school's contract is
renewed. The state board may provide assistance to a school
district in evaluating a charter school that has been chartered
by that school board. The board must report annually to the
education committees of the legislature on the results of its
evaluations. This amount is available until June 30, 1997.
Sec. 21. Laws 1996, chapter 412, article 4, section 34,
subdivision 4, is amended to read:
Subd. 4. [COMMUNITY-BASED CHARTER SCHOOL GRANT.] For a
grant for community-based charter ˆschools involving the
participation of an operating foundation, the city and county,
and St. Paul public 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.
Sec. 22. [GRANT PROGRAM TO PROMOTE PROFESSIONAL TEACHING
STANDARDS.]
Subdivision 1. [ESTABLISHMENT.] A grant program to promote
professional teaching standards through the national board for
professional teaching standards for fiscal year 1998 is
established to provide eligible teachers with the opportunity to
receive national board for professional teaching standards
certification and to reward teachers who have already received
such certification.
Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a
licensed K-12 school teacher employed in a state school. To be
eligible for a grant, the teacher must have been employed as a
teacher for a minimum of five school years and demonstrate
either that the national board for professional teaching
standards has accepted the teacher as a candidate for board
certification or that the teacher already has received board
certification.
Subd. 3. [APPLICATION PROCESS.] To obtain a grant to
participate in the national board for professional teaching
standards certification process or to receive a reward for
already completing the board certification process, a teacher
must submit an application to the commissioner of children,
families, and learning in the form and manner the commissioner
establishes. The applicant must demonstrate either that the
national board for professional teaching standards has accepted
the teacher as a candidate for board certification or that the
teacher already has received board certification. The
commissioner shall consult with the state board of teaching when
reviewing the applications.
Subd. 4. [GRANT AWARDS; PROCEEDS.] (a) The commissioner
may award matching grants of $1,000 each to eligible teachers
who provide a matching amount through collaboration with either
a school district, professional organization, or both and are
accepted as candidates for national board for professional
teaching standards certification. Grant recipients shall use
the grant to participate in the certification process. Within
24 months of receiving certification, a grant recipient must
satisfactorily complete one year of teaching service in a state
school or repay the state the amount of the grant, except if the
commissioner determines that death or disability prevents the
grant recipient from providing the one year of teaching service.
(b) The commissioner may award grants to eligible teachers
who have earned national board for professional teaching
standards certification. The amount of each grant shall not
exceed $1,000 and the commissioner shall establish criteria to
determine the actual amount of each grant. Grant recipients
shall use the grant proceeds for educational purposes, including
purchasing instructional materials, equipment, or supplies and
realizing professional development opportunities.
Sec. 23. [LABORATORY SCHOOL GRANTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning shall make grants to
post-secondary institutions to establish laboratory schools that
cooperate with interested school districts to develop innovative
teaching techniques that enhance students' learning
experiences. A laboratory school must be nonsectarian in its
programs, admissions policies, employment practices, and all
other operations.
Subd. 2. [GRANT APPLICATION.] A public or private
post-secondary institution located in the state may submit an
application for a grant. Each grant application must include:
(1) the location of the laboratory school determined in
collaboration with a school district, or proposed as a charter
school;
(2) a five-year fiscal plan demonstrating that the school
shall operate with no additional state revenue except revenue
received under Minnesota Statutes, chapters 124 and 124A, and
the grant money awarded under this section; and
(3) for an applicant seeking a grant to improve lifework
learning, a description of how the applicant will use
information technologies and participate in partnerships with
kindergarten through grade 12 schools and post-secondary
institutions, business and industry, labor, agriculture,
government, and community-based organizations.
The commissioner of children, families, and learning, in
consultation with interested post-secondary institutions, shall
establish guidelines and an application process for the grants.
In awarding a grant, the commissioner shall give priority to an
eligible applicant that meets the criteria in clause (3).
Subd. 3. [GRANT MONEY.] The grant money may be used for:
(1) technology;
(2) equipment;
(3) teacher mentorships;
(4) building remodeling, renovation, or repair;
(5) disseminating innovative and effective teaching
techniques;
(6) education research to develop teaching methods,
assessments, and curriculum design;
(7) developing creative opportunities for parental
involvement;
(8) furthering school integration efforts; and
(9) other inventive teaching and learning practices
designed to implement the high school graduation standards under
Minnesota Statutes, section 121.11, subdivision 7c.
Sec. 24. [GIFTED AND TALENTED GRANTS.]
Subdivision 1. [ESTABLISHMENT.] Gifted and talented grants
are established to provide access to an appropriate program for
students identified as gifted or talented. A school district or
any group of school districts must use the grants to establish a
process for identifying gifted and talented students, offer
access to challenging learning experiences for students in
kindergarten through grade 12, and provide for staff development
in meeting the learning needs of gifted and talented students.
Subd. 2. [ELIGIBILITY; CRITERIA.] An applicant for a
gifted and talented grant must be a school district or any group
of school districts. The commissioner of children, families,
and learning, a representative of the alliance of the Minnesota
educators of the gifted and talented, a representative of the
Minnesota council of the gifted and talented, and a
representative of the challenge task force shall establish the
criteria for awarding grants for appropriate programs.
Subd. 3. [APPLICATION.] A school district or any group of
school districts must submit an application to the commissioner
of children, families, and learning in the form and manner the
commissioner establishes.
Subd. 4. [GRANT AWARDS.] A school district or any group of
districts may receive a grant in the amount of $25 per pupil per
year. The grant recipient must match one local dollar for every
state dollar received. The local match may include in kind
contributions. In awarding grants, the commissioner shall
consider which students will benefit most from these programs.
Sec. 25. [PERFORMANCE FUNDING OPTIONS.]
Consistent with state high school graduation requirements,
statewide testing requirements, and other performance
indicators, the commissioner, in consultation with the state
board of education and appropriate stakeholders, shall recommend
to the legislature performance funding options for successful
schools and for schools at risk to be implemented for the
1999-2000 school year.
Sec. 26. [DEADLINE AND PENALTY WAIVED.]
The deadline and penalty under Minnesota Statutes, section
124A.22, subdivision 2a, do not apply for aid payments for the
1998-1999 biennium.
Sec. 27. [ST. PAUL COMMUNITY-BASED SCHOOL PROGRAM;
APPROPRIATION.]
$3,300,000 in fiscal year 1998 is appropriated from the
general fund to the commissioner of children, families, and
learning for a grant to independent school district No. 625, St.
Paul, for the establishment and operation of a community-based
school program. The purpose of the program is to improve
student achievement and to provide an integrated set of
academic, health, social, and recreational support services
year-round, and for an extended day to children, families, and
the community.
Independent school district No. 625 shall collaborate with
the city of St. Paul; Ramsey county; the commissioner of
children, families, and learning; and a nonprofit operating
foundation located in St. Paul to establish and operate the
program. Before implementing the program, the district must
submit the following to the commissioner:
(1) the name and address of the school or schools to be
community-based schools;
(2) the grade levels and number of students to be served;
(3) general demographic characteristics of the area and
students to be served;
(4) the education curriculum and other programs to be
offered;
(5) the goals of the school and the means to measure
student achievement;
(6) a budget and operating plan, including the governing
structure, financial commitments, and program commitments by the
city, county, and foundation to the program; and
(7) documentation of community support.
This money may also be used to construct, remodel, design,
renovate, equip, and repair facilities used for a
community-based school program. This appropriation is available
until June 30, 1999.
$300,000 of this amount is for a grant for community-based
schools according to section 21. The total appropriation in
fiscal years 1997 and 1998 under this section and section 21
shall not exceed $3,300,000.
Sec. 28. [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 years designated.
Subd. 2. [STATEWIDE TESTING.] For implementing statewide
testing and establishing a performance baseline under section 25:
$2,500,000 ..... 1998
$2,500,000 ..... 1999
The commissioner shall contract with an institution of
higher education to establish an independent office of
educational accountability.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [LABORATORY SCHOOL GRANTS.] For laboratory school
grants under section 23:
$2,500,000 ..... 1998
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.] For the state advanced placement and
international baccalaureate programs:
$1,875,000 ..... 1998
$1,875,000 ..... 1999
Notwithstanding Minnesota Statutes, section 126.239,
subdivisions 1 and 2, $200,000 each year is for teachers to
attend subject matter summer training programs and follow-up
support workshops approved by the advanced placement or
international baccalaureate programs. The amount of the subsidy
for each teacher attending an advanced placement or
international baccalaureate summer training program or workshop
shall be the same. The commissioner shall determine the payment
process and the amount of the subsidy.
Notwithstanding Minnesota Statutes, section 126.239,
subdivision 3, in each year to the extent of available
appropriations, the commissioner shall pay all examination fees
for all students sitting for an advanced placement examination,
international baccalaureate examination, or both. If this
amount is not adequate, the commissioner may pay less than the
full examination fee.
$300,000 each year is for student scholarships. A student
scholarship shall be awarded to a student scoring three or
better on one or more advanced placement examinations or a four
or better on one or more international baccalaureate
examinations. The amount of each scholarship shall range from
$150 to $500 based on the student's score on the exams. The
scholarships shall be awarded only to students who are enrolled
in a Minnesota public or private college or university. The
total amount of each scholarship shall be paid directly to the
student's designated college or university and must be used by
the student only for tuition, required fees, and books in
nonsectarian courses or programs. The higher education services
office, in consultation with the commissioner, shall determine
the payment process, the amount of the scholarships, and
provisions for unused scholarships.
In order to be eligible to receive advanced placement or
international baccalaureate scholarships on behalf of the
qualifying students, the college or university must have an
advanced placement, international baccalaureate, or both, credit
and placement policy for the scholarship recipients. In
addition, each college or university must certify these policies
to the department each year. The department must provide each
secondary school in the state with a copy of the post-secondary
advanced placement and international baccalaureate policies each
year.
$375,000 each year is for teacher stipends. A teacher who
teaches an advanced placement or international baccalaureate
course shall receive a stipend for each student in that
teacher's course who receives a three or better on the advanced
placement or a four or better on the international baccalaureate
examination that covers the subject matter of the course. The
commissioner shall determine the payment process and the amount
of the teacher stipend ranging from $25 to $50 for each student
receiving a qualifying score.
A stipend awarded to a teacher under this subdivision shall
not be a mandatory subject of bargaining under Minnesota
Statutes, chapter 179A, or any other law and shall not be a term
or condition of employment. The amount of any award shall be
final and shall not be subject to review by an arbitrator
through any grievance or other process or by a court through any
appeal process.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [TEACHER EDUCATION IMPROVEMENT.] For board of
teaching responsibilities relating to teacher licensure
restructuring and implementation of the teaching residency
program:
$450,000 ..... 1998
$450,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
The board of teaching shall use the funds for further
development of the results-oriented teacher licensure system,
for pilot site grants and other methods of implementing the
teacher residency program, and for programs relating to teacher
mentoring.
Subd. 6. [SCIENCE-MATHEMATICS GRANT.] For continuation of
systemic change in science and mathematics education programs:
$1,352,000 ..... 1998
$1,352,000 ..... 1999
$20,000 of the appropriation in 1998 and $20,000 in 1999 is
for the south central Minnesota talented youth program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [MINNESOTA HOMEWORK HELPLINE; METRO HOMEWORK
HOTLINE.] For the Minnesota homework helpline and the metro
homework hotline:
$100,000 ..... 1998
$100,000 ..... 1999
These appropriations are available to assist students with
homework by telephone or other interactive technology. The
program providers must offer assistance to students five days
per week. The revenue allocated to each program is contingent
upon that program matching each $1 of state revenue with $2 of
local or private funding or in-kind contributions.
Subd. 8. [GIFTED AND TALENTED GRANTS.] For grants for
gifted and talented programs according to section 24:
$1,500,000 ..... 1998
$1,500,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 9. [COLLABORATIVE URBAN EDUCATOR PROGRAMS.] For
grants to collaborative urban educator programs that prepare and
license people of color to teach:
$895,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 10. [CHARTER SCHOOL BUILDING LEASE AID.] For
building lease aid according to section 124.248, subdivision 2a:
$1,078,000 ..... 1998
$1,577,000 ..... 1999
The 1999 appropriation includes $120,000 for 1998 and
$1,457,000 for 1999.
Subd. 11. [CHARTER SCHOOL START-UP GRANTS.] For charter
school start-up cost aid under Minnesota Statutes, section
124.248:
$500,000 ..... 1998
$1,000,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year. This appropriation may also be
used for grants to convert existing schools into charter schools.
Subd. 12. [GRADUATION RULE IMPLEMENTATION AT THE SITE
AID.] For graduation rule implementation:
$10,000,000 ..... 1998
(a) This appropriation shall be paid to districts according
to paragraph (b). The purpose of the aid is to accelerate the
implementation of the graduation rule throughout all education
sites in the district through intensive staff development and
decentralized decision making. The board shall work with the
teaching staff in the district to determine the most effective
staff development processes to assure an acceleration of the
implementation. This appropriation is one-time only.
(b) A district shall receive aid equal to $10 times the
number of pupil units in the district for fiscal year 1998. At
least 30 percent must be used for the purposes of paragraph (a).
Subd. 13. [WEST ST. PAUL-MENDOTA HEIGHTS-EAGAN GRANT.] For
a grant to independent school district No. 197, West St.
Paul-Mendota Heights-Eagan, for implementing multiple pathways
for students to meet graduation standards:
$167,000 ..... 1998
The district must match the grant in an amount determined
by the commissioner of children, families, and learning. The
appropriation is available until June 30, 1999.
Subd. 14. [PROFESSIONAL TEACHING STANDARDS CERTIFICATION
GRANTS.] For grants to teachers for professional teaching
standards certification:
$400,000 ..... 1998
This appropriation shall be used for grants to eligible
teachers accepted as candidates for national board for
professional teaching standards certification; for grants to
eligible teachers who have earned national board for
professional teaching standards certification for purchasing
instructional materials, equipment, or supplies and realizing
professional development opportunities; and for the commissioner
to pay for four half-time state coordinators that grants to
school districts working cooperatively to establish support
networks to counsel and assist teacher candidates for national
board for professional teaching standards certification. The
grants must be used to hire up to four half-time statewide
coordinators who must be licensed kindergarten through grade 12
public school teachers. The commissioner shall determine the
form and manner for grant applications. Applications must
include an implementation plan that demonstrates collaboration
among school districts and professional organizations in
providing support activities to facilitate the work of the
coordinators.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 15. [SCHOOL ENRICHMENT PARTNERSHIP PROGRAM.] For
school enrichment partnership program aid according to Minnesota
Statutes, section 124.255:
$500,000 ..... 1998
Any balance remaining in the first year does not cancel but
is available in the second year.
Subd. 16. [EARLY INTERVENTION READING CHALLENGE
GRANTS.] For early intervention reading challenge grants:
$500,000 ..... 1998
The commissioner of children, families, and learning shall
make grants to school sites to train teachers and adopt
curriculum enhancements that provide intense instruction for
students with difficulty learning to read. Priority shall be
given to school sites that are committed to significantly
increasing the percentage of students who are able to read at
grade level by the end of third grade and have high
concentrations of students receiving free and reduced lunch.
The grant money may be used for establishing the school site as
a training site for teachers in other districts, teacher
training, or other start-up costs related to curriculum
enhancements for early intervention reading programs for
children in primary grades. The grant recipients must match one
local dollar for every state dollar received. The local match
may include in-kind contributions. The commissioner shall
consider regional balance in distributing grants.
Subd. 17. [YEAR-ROUND SCHOOL/EXTENDED WEEK OR DAY GRANTS.]
For year-round school/extended week or day grants under Laws
1995, First Special Session chapter 3, article 7, section 4:
$1,800,000 ..... 1998
The department of children, families, and learning must
award grants to school districts with priority given to programs
that have not previously received year-round school/extended
week or day pilot grants. Of this amount, $500,000 is for a
grant to independent school district No. 624, White Bear Lake.
Of this amount, $225,000 is for a year-round school extended day
project in independent school district No. 911, Cambridge. Of
this amount, $200,000 is for the four-period day program at
independent school district No. 833, south Washington county.
The maximum grant amount for other recipients is $300,000.
Grant recipients are required to make reports on progress made,
planning, and implementing projects in the form and manner
specified by the department of children, families, and learning.
The senior high site councils in the independent school
district No. 833, south Washington county, shall develop and
implement a model four-period day curriculum during the
1997-1998 and 1998-1999 school years. The site councils shall
seek input from parents, teachers, and students in the design
and implementation of the four-period day model. If one or more
site councils determine a four-period day model is not
desirable, the site council shall report its recommendations
back to the board and need not proceed with the development and
implementation of the model.
The south Washington county school board shall develop a
system for monitoring and evaluating the development and
implementation of the four-period day models at its high
schools. The board shall monitor and evaluate: (1) the process
used by the site council to discuss, develop, and implement a
four-period day; and (2) the academic outcomes of students after
the four-period day has been fully implemented. To evaluate the
academic outcomes of students, the district shall compare the
academic achievement of its high school students with the
achievement of students in similar school districts using a
six-period day model. The board shall report the results of its
evaluation to the commissioner of children, families, and
learning on August 30, 1998, and August 30, 1999. The reports
shall include a detailed description of the site-based,
decision-making model that was used to develop and implement the
four-period day and the steps that were taken to successfully
implement and evaluate the model.
Independent school district No. 833, South Washington
County, shall complete a class size mitigation pilot project to
explore options for improving learning outcomes in elementary
and junior high classrooms with 30 or more students. The
options for mitigating the adverse impacts of large class sizes
shall be developed and implemented using a site-based management
decision-making process. The district shall report the results
of its pilot project to the commissioner of children, families,
and learning by August 30, 1998.
Sec. 29. [REPEALER.]
Minnesota Statutes 1996, section 121.11, subdivision 8, is
repealed.
Sec. 30. [EFFECTIVE DATE.]
If this act is enacted on or after July 1, 1997, sections 1
to 29 are effective the day following final enactment.
ARTICLE 6
ACADEMIC PERFORMANCE
Section 1. Minnesota Statutes 1996, section 120.101,
subdivision 5, is amended to read:
Subd. 5. [AGES AND TERMS.] For the 1988-1989 school year
and the school years thereafter, Every child between seven and
16 years of age shall receive instruction for at least the
number of days each year required under subdivision 5b. For the
2000-2001 school year and later school years, every child
between seven and 18 years of age shall receive instruction for
at least the number of days each year required under subdivision
5b. Every child under the age of seven who is enrolled in a
half-day kindergarten, or a full-day kindergarten program on
alternate days, or other kindergarten programs shall receive
instruction at least equivalent to half of each day for the
number of days each year set out in subdivision 5b. Except as
provided in subdivision 5a, a parent may withdraw a child under
the age of seven from enrollment at any time.
Sec. 2. Minnesota Statutes 1996, section 120.101, is
amended by adding a subdivision to read:
Subd. 5d. [WITHDRAWAL FROM SCHOOL.] Any student between 16
and 18 years old who seeks to withdraw from school, and the
student's parent or guardian must:
(1) attend a meeting with school personnel to discuss the
educational opportunities available to the student, including
alternative educational opportunities; and
(2) sign a written election to withdraw from school.
Sec. 3. [120.1015] [LENGTH OF SCHOOL YEAR; DAYS OF
INSTRUCTION.]
A school board's annual school calendar shall include at
least three additional days of student instruction beyond the
number of days of student instruction the board formally adopted
as its school calendar at the beginning of the 1996-1997 school
year.
Sec. 4. Minnesota Statutes 1996, section 121.602,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM OUTCOMES.] The outcomes of the
educational effectiveness program are to:
(1) increase meaningful parental involvement in site-based
decision making;
(2) improve results-oriented instructional educational
processes;
(3) create flexible school-based organizational structures;
and
(4) improve student achievement.
Sec. 5. Minnesota Statutes 1996, section 121.602,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY TASK FORCE; PROGRAM IMPLEMENTATION.]
The commissioner of children, families, and learning shall
develop and maintain a program of educational effectiveness and
results-oriented instruction education. The commissioner may
appoint an advisory task force to assist the department of
children, families, and learning in developing an implementation
program for providing staff development to school district staff
in educational effectiveness. The program shall be based on
established principles of instructional design and the essential
elements of effective instruction as determined by educational
research. The program shall take into account the diverse needs
of the school districts due to such factors as district size and
location.
Sec. 6. Minnesota Statutes 1996, section 121.602,
subdivision 4, is amended to read:
Subd. 4. [EDUCATIONAL EFFECTIVENESS STAFF DEVELOPMENT.]
The department of children, families, and learning shall provide
assistance to the school districts in implementing an
educational effectiveness program. In selecting an agency to
provide assistance to the school districts, the department shall
consider such factors as support of the proposal by the
participating school districts and the extent to which the
proposal provides for participation by school district staff.
The department shall evaluate the performance of the service
providers. The staff development shall be facilitated by
building level decision-making teams. The staff development
shall include clarification of individual school missions,
goals, expectations, enhancement of collaborative planning and
collegial relationships among the building staff, improvement of
curriculum, assessment, instructional and organizational skills,
improvement of financial and management skills, and planning of
other staff development programs.
Sec. 7. Minnesota Statutes 1996, section 123.35,
subdivision 8, is amended to read:
Subd. 8. The board may establish and maintain public
evening schools and adult and continuing education programs and
such evening schools and adult and continuing education programs
when so maintained shall be available to all persons over 16
years of age through the 1999-2000 school year and over 18 years
of age beginning with the 2000-2001 school year who, from any
cause, are unable to attend the full-time elementary or
secondary schools of such district.
Sec. 8. Minnesota Statutes 1996, section 123.70,
subdivision 5, is amended to read:
Subd. 5. If a person transfers from one elementary or
secondary school to another, the person shall be allowed school
board of a public school district or the administrator of a
nonpublic school may allow the person up to a maximum of 30 days
to submit one or more of the statements as specified in
subdivision 1 or 3, during which time the person may enroll in
and attend the school. If a person enrolls in a child care
facility in which at least 75 percent of children in the
facility participate on a one-time only or occasional basis to a
maximum of 45 hours per child, per month, or is placed in a
facility by a crisis nursery, the person shall be exempt from
all requirements of this section for up to five consecutive
days, starting from the first day of attendance.
Sec. 9. Minnesota Statutes 1996, section 123.70,
subdivision 7, is amended to read:
Subd. 7. Each school or child care facility shall maintain
on file immunization records for all persons in attendance that
contain the information required by subdivisions 1, 2, and 3.
The school shall maintain the records for at least five years
after the person attains the age of majority. The department of
health and the board of health, as defined in section 145A.02,
subdivision 2, in whose jurisdiction the school or child care
facility is located, shall have access to the files maintained
pursuant to this subdivision. When a person transfers to
another elementary or secondary school or child care facility,
the administrator or other person having general control and
supervision of the school or child care facility shall assist
the person's parent or guardian in the transfer of the
immunization file to the person's new school or child care
facility within 30 days of the transfer. Upon the request of a
public or private post-secondary educational institution, as
defined in section 135A.14, the administrator or other person
having general control or supervision of a school shall assist
in the transfer of a student's immunization file to the
post-secondary institution.
Sec. 10. Minnesota Statutes 1996, section 123.70,
subdivision 10, is amended to read:
Subd. 10. A statement required to be submitted under
subdivisions 1, 2, and 4 to document evidence of immunization
shall include month, day, and year for immunizations
administered after January 1, 1990.
(a) For persons enrolled in grades 7 and 12 during the
1996-1997 school term, the statement must indicate that the
person has received a dose of tetanus and diphtheria toxoid no
earlier than 11 years of age.
(b) Except as specified in paragraph (e), for persons
enrolled in grades 7, 8, and 12 during the 1997-1998 school
term, the statement must indicate that the person has received a
dose of tetanus and diphtheria toxoid no earlier than 11 years
of age.
(c) Except as specified in paragraph (e), for persons
enrolled in grades 7, 8, 9, and through 12 during the 1998-1999
school term and for each year thereafter, the statement must
indicate that the person has received a dose of tetanus and
diphtheria toxoid no earlier than 11 years of age.
(d) for persons enrolled in grades 7, 8, 9, 10, and 12
during the 1999-2000 school term, the statement must indicate
that the person has received a dose of tetanus and diphtheria
toxoid no earlier than 11 years of age.
(e) for persons enrolled in grades 7 through 12 during the
2000-2001 school term and for each year thereafter, the
statement must indicate that the person has received a dose of
tetanus and diphtheria toxoid no earlier than 11 years of age.
(f) (d) For persons enrolled in grades 7 through 12 during
the 1996-1997 school year and for each year thereafter, the
statement must indicate that the person has received at least
two doses of vaccine against measles, mumps, and rubella, given
alone or separately and given not less than one month apart.
(e) A person who has received at least three doses of
tetanus and diphtheria toxoids, with the most recent dose given
after age six and before age 11, is not required to have
additional immunization against diphtheria and tetanus until ten
years have elapsed from the person's most recent dose of tetanus
and diphtheria toxoid.
Sec. 11. Minnesota Statutes 1996, section 124.26,
subdivision 1b, is amended to read:
Subd. 1b. [PROGRAM REQUIREMENTS.] An adult basic education
program is a day or evening program offered by a district that
is for people over 16 years of age through the 1999-2000 school
year and over 18 years of age beginning with the 2000-2001
school year who do not attend an elementary or secondary
school. The program offers academic instruction necessary to
earn a high school diploma or equivalency certificate. Tuition
and fees may not be charged to a learner for instruction paid
under this section, except for a security deposit to assure
return of materials, supplies, and equipment.
Sec. 12. Minnesota Statutes 1996, section 124.276, is
amended by adding a subdivision to read:
Subd. 2a. [AID.] A district with an approved plan shall
receive $30 per pupil served at the school site with the family
connections program. The district must provide a match of $15
per pupil served at the school site with the family connections
program.
Sec. 13. [124.6475] [SUMMER FOOD SERVICE REPLACEMENT AID.]
States funds are available to compensate
department-approved summer food program sponsors for reduced
federal operating reimbursement rates under Public Law Number
104-193, the federal summer food service program. A sponsor is
eligible for summer food service replacement aid equal to the
sum of the following amounts:
(1) for breakfast service, subtract the current year
maximum reimbursement rate from the 1996 maximum reimbursement
rate and multiply the result by the number of breakfasts the
district served during the current school year;
(2) for lunch or supper service, subtract the current year
maximum reimbursement rate from the 1996 maximum reimbursement
rate and multiply the result by the number of lunches and
suppers the district served during the current school year; and
(3) for supplement service, subtract the current year
maximum reimbursement rate from the 1996 maximum reimbursement
rate and multiply the result by the number of supplement meals
the district served during the current school year.
Sec. 14. Minnesota Statutes 1996, section 124C.46,
subdivision 2, is amended to read:
Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide
programs for secondary pupils and adults, giving priority to
serving persons between 16 and 21 years of age. Secondary
pupils to be served are those who are chemically dependent, not
likely to graduate from high school, need assistance in
vocational and basic skills, can benefit from employment
experiences, and need assistance in transition from school to
employment. Adults to be served are dislocated homemakers and
workers and others who need basic educational and social
services. In addition to offering programs, the center shall
coordinate the use of other available educational services,
social services, and post-secondary institutions in the
community. The A center may also provide programs, including
work-based, service-learning, and applied learning opportunities
developed in collaboration with a local education and employment
transitions partnership, and services for elementary and
secondary pupils who are not attending the center to assist them
in completing high being successful in school. Pupils eligible
to be served are those age five to adults 21 and older who
qualify under the graduation incentives program in section
126.22, subdivision 2.
Sec. 15. Minnesota Statutes 1996, section 126.22,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] The following pupils are
eligible to participate in the education options graduation
incentives program:
(a) any pupil under the age of 21 who:
(1) 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
(11) has withdrawn from school or has been chronically
truant; 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. 16. Minnesota Statutes 1996, section 144.29, is
amended to read:
144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.]
It shall be the duty of every school nurse, school
physician, school attendance officer, superintendent of schools,
principal, teacher, and of the persons charged with the duty of
compiling and keeping the school census records, to cause a
permanent public health record to be kept for each child of
school age. Such record shall be kept in such form that it may
be transferred with the child to any school which the child
shall attend within the state and transferred to the
commissioner when the child ceases to attend school. It shall
contain a record of such health matters as shall be prescribed
by the commissioner, and of all mental and physical defects and
handicaps which might permanently cripple or handicap the
child student health data as defined in section 13.32,
subdivision 2, paragraph (a), and shall be classified as private
data as defined in section 13.32, subdivision 3. Nothing in
sections 144.29 to 144.32 shall be construed to require any
child whose parent or guardian objects in writing thereto to
undergo a physical or medical examination or treatment. A copy
shall be forwarded to the proper department of any state to
which the child shall remove. Each district shall assign a
teacher, school nurse, or other professional person to review,
at the beginning of each school year, the health record of all
pupils under the assignee's direction. Growth, results of
vision and hearing screening, and findings obtained from health
assessments must be entered periodically on the pupil's health
record.
Sec. 17. Minnesota Statutes 1996, section 260.185,
subdivision 1, is amended to read:
Subdivision 1. [COURT ORDER, FINDINGS, REMEDIES,
TREATMENT.] If the court finds that the child is delinquent, it
shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the
child:
(a) Counsel the child or the parents, guardian, or
custodian;
(b) Place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court including reasonable rules
for the child's conduct and the conduct of the child's parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child, or with the consent
of the commissioner of corrections, in a group foster care
facility which is under the management and supervision of said
commissioner;
(c) Subject to the supervision of the court, transfer legal
custody of the child to one of the following:
(1) a child-placing agency; or
(2) the local social services agency; or
(3) a reputable individual of good moral character. No
person may receive custody of two or more unrelated children
unless licensed as a residential facility pursuant to sections
245A.01 to 245A.16; or
(4) a county home school, if the county maintains a home
school or enters into an agreement with a county home school; or
(5) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(d) Transfer legal custody by commitment to the
commissioner of corrections;
(e) If the child is found to have violated a state or local
law or ordinance which has resulted in damage to the person or
property of another, the court may order the child to make
reasonable restitution for such damage;
(f) Require the child to pay a fine of up to $700; the
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(g) If the child is in need of special treatment and care
for reasons of physical or mental health, the court may order
the child's parent, guardian, or custodian to provide it. If
the parent, guardian, or custodian fails to provide this
treatment or care, the court may order it provided;
(h) If the court believes that it is in the best interests
of the child and of public safety that the driver's license of
the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the
cancellation of the child's license for any period up to the
child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before
the termination of the period of cancellation, the court may,
for good cause, recommend to the commissioner of public safety
that the child be authorized to apply for a new license, and the
commissioner may so authorize.
(i) If the court believes that it is in the best interest
of the child and of public safety that the child is enrolled in
school, the court may require the child to remain enrolled in a
public school until the child reaches the age of 18 or completes
all requirements needed to graduate from high school. Any child
enrolled in a public school under this paragraph is subject to
the provisions of the Pupil Fair Dismissal Act in chapter 127.
If the child is petitioned and found by the court to have
committed a controlled substance offense under sections 152.021
to 152.027, the court shall determine whether the child
unlawfully possessed or sold the controlled substance while
driving a motor vehicle. If so, the court shall notify the
commissioner of public safety of its determination and order the
commissioner to revoke the child's driver's license for the
applicable time period specified in section 152.0271. If the
child does not have a driver's license or if the child's
driver's license is suspended or revoked at the time of the
delinquency finding, the commissioner shall, upon the child's
application for driver's license issuance or reinstatement,
delay the issuance or reinstatement of the child's driver's
license for the applicable time period specified in section
152.0271. Upon receipt of the court's order, the commissioner
is authorized to take the licensing action without a hearing.
If the child is petitioned and found by the court to have
committed or attempted to commit an act in violation of section
609.342; 609.343; 609.344; 609.345; 609.3451; 609.746,
subdivision 1; 609.79; or 617.23, or another offense arising out
of a delinquency petition based on one or more of those
sections, the court shall order an independent professional
assessment of the child's need for sex offender treatment. An
assessor providing an assessment for the court must be
experienced in the evaluation and treatment of juvenile sex
offenders. If the assessment indicates that the child is in need
of and amenable to sex offender treatment, the court shall
include in its disposition order a requirement that the child
undergo treatment. Notwithstanding section 13.42, 13.85,
144.335, 260.161, or 626.556, the assessor has access to the
following private or confidential data on the child if access is
relevant and necessary for the assessment:
(1) medical data under section 13.42;
(2) corrections and detention data under section 13.85;
(3) health records under section 144.335;
(4) juvenile court records under section 260.161; and
(5) local welfare agency records under section 626.556.
Data disclosed under this paragraph may be used only for
purposes of the assessment and may not be further disclosed to
any other person, except as authorized by law.
If the child is found delinquent due to the commission of
an offense that would be a felony if committed by an adult, the
court shall make a specific finding on the record regarding the
juvenile's mental health and chemical dependency treatment needs.
Any order for a disposition authorized under this section
shall contain written findings of fact to support the
disposition ordered, and shall also set forth in writing the
following information:
(a) why the best interests of the child are served by the
disposition ordered; and
(b) what alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case.
Sec. 18. [REGIONAL TRAINING SITES FOR HIV EDUCATION IN
SCHOOLS.]
The commissioner of children, families, and learning shall
establish four regional training centers in partnership with
school districts outside of the cities of Minneapolis and St.
Paul to implement comprehensive curriculum and program to
prevent and reduce the risk of HIV/AIDS as required under
Minnesota Statutes, section 121.203. The commissioner shall
provide technical and financial assistance to each school
district to identify policy, curriculum, and service gaps, to
purchase curriculum and materials and to provide training or
services to fill these gaps, to identify opportunities to
coordinate HIV education with other special curriculum
offerings, and to assess the effectiveness of curriculum and
services. Each regional training center will provide programs
and services to nearby school districts to meet the requirements
of Minnesota Statutes, section 121.203. The commissioner and
each school district shall work with a community advisory
committee to establish and review the operation of each training
center.
Sec. 19. [TARGETED BREAKFAST GRANTS.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established to further explore the policy of providing
nutritious breakfasts to public elementary school children,
without regard to whether the children are eligible to receive
free or reduced price meals, so that they can learn effectively.
Subd. 2. [ELIGIBILITY.] An applicant for a grant must be
an elementary school that participates in the federal school
breakfast and lunch programs. For a school to receive a grant,
at least 33 percent of the lunches the school served to children
during the preceding school year must have been provided free or
at a reduced price.
Subd. 3. [APPLICATION PROCESS.] To obtain a grant to
receive reimbursement for providing breakfasts to all children,
whether or not the children are from low-income families and
eligible to receive free or reduced price meals, a public
elementary school must submit an application to the commissioner
of children, families, and learning in the form and manner the
commissioner prescribes. The application must describe how the
applicant will encourage all children in the school to
participate in the breakfast program. The applicant also must
demonstrate to the commissioner that the applicant will receive
a $1 local match of funding or in-kind contributions for every
$3 of state funding the applicant receives. The commissioner
may require additional information from the applicant.
Subd. 4. [GRANT AWARDS.] The commissioner shall award
grants to the four grant recipients under Laws 1994, chapter
647, article 8, section 35, and then on a first-come,
first-served basis to all other schools that meet the
requirements of subdivisions 2 and 3 until funding under this
section is expended. The commissioner shall determine the
amount of the grant using average statewide statistics and
individual school statistics adjusted for other state and
federal reimbursements. Grant recipients must use the proceeds
to provide breakfasts to school children every day school is in
session.
Sec. 20. [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 years designated.
Subd. 2. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 124.214:
$13,661,000 ..... 1998
$13,612,000 ..... 1999
The 1998 appropriation includes $684,000 for 1997 and
$12,977,000 for 1998.
The 1999 appropriation includes $1,441,000 for 1998 and
$12,171,000 for 1999.
Subd. 3. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123.79
and 123.931 to 123.947:
$9,430,000 ..... 1998
$9,688,000 ..... 1999
The 1998 appropriation includes $900,000 for 1997 and
$8,530,000 for 1998.
The 1999 appropriation includes $947,000 for 1998 and
$8,741,000 for 1999.
Subd. 4. [SCHOOL LUNCH AND FOOD STORAGE AID.] (a) For
school lunch aid according to Minnesota Statutes, section
124.646, and Code of Federal Regulations, title 7, section
210.17, and for food storage and transportation costs for United
States Department of Agriculture donated commodities; and for a
temporary transfer to the commodity processing revolving fund to
provide cash flow to permit schools and other recipients of
donated commodities to take advantage of volume processing rates
and for school milk aid according to Minnesota Statutes, section
124.648:
$7,254,000 ..... 1998
$7,254,000 ..... 1999
(b) Any unexpended balance remaining from the
appropriations in this subdivision shall be prorated among
participating schools based on the number of free, reduced, and
fully paid federally reimbursable student lunches served during
that school year.
(c) If the appropriation amount attributable to either year
is insufficient, the rate of payment for each fully paid student
lunch shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year.
(d) Any temporary transfer processed in accordance with
this subdivision to the commodity processing fund will be
returned by June 30 in each year so that school lunch aid and
food storage costs can be fully paid as scheduled.
(e) Not more than $800,000 of the amount appropriated each
year may be used for school milk aid.
(f) The commissioner may reduce other future aid and grant
payments due to school districts and other organizations for the
costs of processing and storage of commodities used by the
district or organization.
Subd. 5. [SUMMER FOOD SERVICE.] For summer food service:
$15,000 ..... 1998
$15,000 ..... 1999
Subd. 6. [SCHOOL BREAKFAST.] To operate the school
breakfast program according to Minnesota Statutes, sections
124.6469 and 124.6472:
$456,000 ..... 1998
$456,000 ..... 1999
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each fully paid student
breakfast shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year. Any unexpected
balance remaining shall be used to subsidize the payments made
for school lunch aid per Minnesota Statutes, section 124.646.
Up to one percent of the program funding can be used by the
department of children, families, and learning for technical and
administrative assistance.
Subd. 7. [SCHOOL BREAKFAST OUTREACH.] To initiate school
breakfast programs under Minnesota Statutes, section 124.6469,
at school sites not currently providing a school breakfast
program or at schools that initiated a school breakfast program
during the 1996-1997 school year:
$15,000 ..... 1998
$15,000 ..... 1999
Subd. 8. [SUMMER FOOD SERVICE REPLACEMENT AID.] For summer
food service replacement aid under Minnesota Statutes, section
124.6475:
$150,000 ..... 1998
$150,000 ..... 1999
Subd. 9. [TARGETED BREAKFAST GRANTS.] For targeted
breakfast grants:
$1,037,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 10. [FAMILY CONNECTIONS AID.] For family connections
aid according to Minnesota Statutes, section 124.276:
$250,000 ..... 1998
$250,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 11. [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:
$70,000 ..... 1998
Subd. 12. [HIV EDUCATION TRAINING SITES.] For regional
training sites for HIV education in schools:
$200,000 ..... 1998
This appropriation is contingent on a matching grant of
$100,000 in federal funds.
This appropriation is available until June 30, 1999.
Subd. 13. [WILLMAR.] For a grant to independent school
district No. 347, Willmar:
$200,000 ..... 1998
This appropriation shall be used to improve community
understanding of the cultures within the community, improve
communication between the district and the Latino community,
improve parental involvement in the school, to use mediation to
resolve conflict in the school and community, and to assist
surrounding communities and districts in achieving these goals.
This appropriation is available only if the federal lawsuit
against the district is dismissed for settlement.
This appropriation is available until June 30, 1999.
Subd. 14. [PSEO REPLACEMENT AID.] For PSEO replacement aid:
$12,000 ..... 1998
The 1998 appropriation includes $12,000 for 1997 and $0 for
1998.
Sec. 21. [REPEALER.]
Minnesota Statutes 1996, sections 121.602, subdivisions 3
and 5; 124.177; and 124.276, subdivision 2, are repealed.
Sec. 22. [EFFECTIVE DATE.]
(a) Section 3 is effective for the 1998-1999 school year.
(b) If this act is enacted on or after July 1, 1997, all
sections in this article except for that section listed in
paragraph (a) are effective the day following final enactment.
ARTICLE 7
EDUCATION POLICY ISSUES
Section 1. Minnesota Statutes 1996, section 12.21,
subdivision 3, is amended to read:
Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under
this chapter and to effect its policy and purpose, the governor
may:
(1) make, amend, and rescind the necessary orders and rules
to carry out the provisions of this chapter and section 216C.15
within the limits of the authority conferred by this section,
with due consideration of the plans of the federal government
and without complying with sections 14.001 to 14.69, but no
order or rule has the effect of law except as provided by
section 12.32;
(2) ensure that a comprehensive emergency operations plan
and emergency management program for this state are developed
and maintained, and are integrated into and coordinated with the
emergency plans of the federal government and of other states to
the fullest possible extent;
(3) in accordance with the emergency operations plan and
the emergency management program of this state, procure supplies
and equipment, institute training programs and public
information programs, and take all other preparatory steps,
including the partial or full activation of emergency management
organizations in advance of actual disaster to ensure the
furnishing of adequately trained and equipped forces of
emergency management personnel in time of need;
(4) make studies and surveys of the industries, resources,
and facilities in this state as may be necessary to ascertain
the capabilities of the state for emergency management and to
plan for the most efficient emergency use of those industries,
resources, and facilities;
(5) on behalf of this state, enter into mutual aid
arrangements or cooperative agreements with other states and
with Canadian provinces, and coordinate mutual aid plans between
political subdivisions of this state;
(6) delegate administrative authority vested in the
governor under this chapter, except the power to make rules, and
provide for the subdelegation of that authority;
(7) cooperate with the president and the heads of the armed
forces, the emergency management agency of the United States and
other appropriate federal officers and agencies, and with the
officers and agencies of other states in matters pertaining to
the emergency management of the state and nation, including the
direction or control of:
(i) emergency preparedness drills and exercises;
(ii) warnings and signals for drills or actual emergencies
and the mechanical devices to be used in connection with them;
(iii) shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
(iv) the conduct of persons in the state and the movement
and cessation of movement of pedestrians and vehicular traffic
during, prior, and subsequent to drills or actual emergencies;
(v) public meetings or gatherings; and
(vi) the evacuation, reception, and sheltering of persons;
(8) contribute to a political subdivision, within the
limits of the appropriation for that purpose, not more than 25
percent of the cost of acquiring organizational equipment that
meets standards established by the governor;
(9) formulate and execute, with the approval of the
executive council, plans and rules for the control of traffic in
order to provide for the rapid and safe movement over public
highways and streets of troops, vehicles of a military nature,
materials for national defense and war or for use in any war
industry, for the conservation of critical materials or for
emergency management purposes, and coordinate the activities of
the departments or agencies of the state and its political
subdivisions concerned directly or indirectly with public
highways and streets, in a manner that will best effectuate
those plans;
(10) alter or adjust by executive order, without complying
with sections 14.01 to 14.69, the working hours, work days and
work week of, and annual and sick leave provisions and payroll
laws regarding all state employees in the executive branch as
the governor deems necessary to minimize the impact of the
disaster or emergency, conforming the alterations or adjustments
to existing state laws, rules, and collective bargaining
agreements to the extent practicable;
(11) authorize the commissioner of children, families, and
learning to alter school schedules, curtail school activities,
or order schools closed without affecting state aid to schools,
as defined in section 120.05, and including charter schools
under section 120.064, and elementary schools enrolling
prekindergarten pupils in district programs.
Sec. 2. Minnesota Statutes 1996, section 120.0111, is
amended to read:
120.0111 [MISSION STATEMENT.]
The mission of public education in Minnesota, a system for
lifelong learning, is to ensure individual academic achievement,
an informed citizenry, and a highly productive work force. This
system focuses on the learner, promotes and values diversity,
provides participatory decision-making, ensures accountability,
models democratic principles, creates and sustains a climate for
change, provides personalized learning environments, encourages
learners to reach their maximum potential, and integrates and
coordinates human services for learners. The public schools of
this state shall serve the needs of the students by cooperating
with the students' parents and legal guardians to develop the
students' intellectual capabilities and life-work skills in a
safe and positive environment. It is part of the department's
mission that within the department's resources the commissioner
shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section 15.91 to increase the efficiency of
agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section 15.91, appropriate
changes in law necessary to carry out the mission of the
department.
Sec. 3. Minnesota Statutes 1996, section 120.101,
subdivision 5c, is amended to read:
Subd. 5c. [EDUCATION RECORDS.] (a) A school district from
which a student is transferring must transmit the student's
educational records, within ten business days of a request, to
the school district in which the student is enrolling. School
districts must make reasonable efforts to determine the school
district in which a transferring student is next enrolling in
order to comply with this subdivision.
(b) A school district that transmits a student's
educational records to another school district or other
educational entity to which the student is transferring must
include in the transmitted records information about
disciplinary action taken as a result of any incident in which
the student possessed or used a dangerous weapon.
Sec. 4. Minnesota Statutes 1996, section 123.35, is
amended by adding a subdivision to read:
Subd. 19c. [JOINTLY OWNED FACILITIES.] Notwithstanding
section 123.35, subdivision 19a, if a school district and a city
jointly own a building or site, the district and the city may
enter into an agreement that extends beyond the end of the
fiscal year to pay operating costs for that building or site.
Sec. 5. Minnesota Statutes 1996, section 123.3514,
subdivision 4c, is amended to read:
Subd. 4c. [LIMIT ON PARTICIPATION.] A pupil who first
enrolls in grade 11 may not enroll in post-secondary courses
under this section for secondary credit for more than the
equivalent of two academic years. A pupil who first enrolls in
grade 12 may not enroll in post-secondary courses under this
section for secondary credit for more than the equivalent of one
academic year. If a pupil in grade 11 or 12 first enrolls in a
post-secondary course for secondary credit during the school
year, the time of participation shall be reduced
proportionately. If a pupil is in a learning year or other
year-round program and begins each grade in the summer session,
summer sessions shall not be counted against the time of
participation. A pupil who has graduated from high school
cannot participate in a program under this section. A pupil who
has completed course requirements for graduation but who has not
received a diploma may participate in the program under this
section.
Sec. 6. Minnesota Statutes 1996, section 123.3514,
subdivision 8, is amended to read:
Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil
enrolled in a course for secondary credit may apply to the
pupil's district of residence for reimbursement for transporting
the pupil between the secondary school in which the pupil is
enrolled or the pupil's home and the post-secondary institution
that the pupil attends. The commissioner shall establish
guidelines for providing state aid to districts to The state
shall provide state aid to a district in an amount sufficient to
reimburse the parent or guardian for the necessary
transportation costs, which shall be based on financial
need when the family's or guardian's income is at or below the
poverty level, as determined by the federal government. The
reimbursement may not exceed shall be the pupil's actual cost of
transportation or 15 cents per mile traveled, whichever is
less. Reimbursement may not be paid for more than 250 miles per
week. However, if the nearest post-secondary institution is
more than 25 miles from the pupil's resident secondary school,
the weekly reimbursement may not exceed the reimbursement rate
per mile times the actual distance between the secondary school
or the pupil's home and the nearest post-secondary institution
times ten. The state shall pay aid to the district according to
the guidelines established under this subdivision. Chapter 14
does not apply to the guidelines.
Sec. 7. Minnesota Statutes 1996, section 124C.498,
subdivision 2, is amended to read:
Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.] To the
extent money is available, the commissioner of children,
families, and learning may approve projects from applications
submitted under this section. The grant money must be used only
to design, acquire, construct, remodel, improve, furnish, or
equip the building or site of a magnet school facility according
to contracts entered into within 15 24 months after the date on
which a grant is awarded.
Sec. 8. Minnesota Statutes 1996, section 125.12,
subdivision 14, is amended to read:
Subd. 14. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS;
EXPUNGEMENT.] All evaluations and files generated within a
school district relating to each individual teacher shall be
available to each individual teacher upon written request.
Effective January 1, 1976, all evaluations and files, wherever
generated, relating to each individual teacher shall be
available to each individual teacher upon written request. The
teacher shall have the right to reproduce any of the contents of
the files at the teacher's expense and to submit for inclusion
in the file written information in response to any material
contained therein.
A school district may destroy the files as provided by law
and shall expunge from the teacher's file any material found to
be false or substantially inaccurate through the grievance
procedure required pursuant to section 179A.20, subdivision 4;
provided, the grievance procedure promulgated by the director of
the bureau of mediation services, pursuant to section 179A.04,
subdivision 3, clause (h), shall apply to those principals and
supervisory employees not included in an appropriate unit as
defined in section 179A.03. Expungement proceedings shall be
commenced within the time period provided in the collective
bargaining agreement for the commencement of a grievance. If no
time period is provided in the bargaining agreement, the
expungement proceedings shall commence within 15 days after the
teacher has knowledge of the inclusion in the teacher's file of
the material the teacher seeks to have expunged.
Sec. 9. Minnesota Statutes 1996, section 126.77,
subdivision 1, is amended to read:
Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The
commissioner of children, families, and learning, in
consultation with the commissioners of health and human
services, state minority councils, battered women's programs,
sexual assault centers, representatives of religious
communities, and the assistant commissioner of the office of
drug policy and violence prevention, shall assist districts on
request in developing or implementing a violence prevention
program for students in kindergarten to grade 12 that can be
integrated into existing curriculum. The purpose of the program
is to help students learn how to resolve conflicts within their
families and communities in nonviolent, effective ways.
(b) Each district is encouraged to integrate into its
existing curriculum a program for violence prevention that
includes at least:
(1) a comprehensive, accurate, and age appropriate
curriculum on violence prevention, nonviolent conflict
resolution, and sexual, racial, and cultural harassment, and
student hazing that promotes equality, respect, understanding,
effective communication, individual responsibility, thoughtful
decision making, positive conflict resolution, useful coping
skills, critical thinking, listening and watching skills, and
personal safety;
(2) planning materials, guidelines, and other accurate
information on preventing physical and emotional violence,
identifying and reducing the incidence of sexual, racial, and
cultural harassment, and reducing child abuse and neglect;
(3) a special parent education component of early childhood
family education programs to prevent child abuse and neglect and
to promote positive parenting skills, giving priority to
services and outreach programs for at-risk families;
(4) involvement of parents and other community members,
including the clergy, business representatives, civic leaders,
local elected officials, law enforcement officials, and the
county attorney;
(5) collaboration with local community services, agencies,
and organizations that assist in violence intervention or
prevention, including family-based services, crisis services,
life management skills services, case coordination services,
mental health services, and early intervention services;
(6) collaboration among districts and SCs;
(7) targeting early adolescents for prevention efforts,
especially early adolescents whose personal circumstances may
lead to violent or harassing behavior;
(8) opportunities for teachers to receive in-service
training or attend other programs on strategies or curriculum
designed to assist students in intervening in or preventing
violence in school and at home; and
(9) administrative policies that reflect, and a staff that
models, nonviolent behaviors that do not display or condone
sexual, racial, or cultural harassment or student hazing.
(c) The department may provide assistance at a neutral site
to a nonpublic school participating in a district's program.
Sec. 10. Minnesota Statutes 1996, section 127.26, is
amended to read:
127.26 [CITATION.]
Sections 127.26 to 127.39 may be cited as "The pupil fair
dismissal act of 1974."
Sec. 11. Minnesota Statutes 1996, section 127.27,
subdivision 5, is amended to read:
Subd. 5. [EXPULSION.] "Expulsion" means an action taken by
a school board action to prohibit an enrolled pupil from further
attendance for a period that shall not extend beyond an amount
of time equal up to one school year 12 months from the date a
the pupil is expelled.
Sec. 12. Minnesota Statutes 1996, section 127.27,
subdivision 6, is amended to read:
Subd. 6. [PARENT.] "Parent" means (a) one of the pupil's
parents, or (b) in the case of divorce or legal separation, or
if the child's mother was not married to the child's father when
the child was conceived nor when the child was born, the
custodial parent the parent or parents with physical custody of
the pupil, including a noncustodial parent with legal custody
who has provided the district with a current address and
telephone number, or (c) a legally appointed guardian. In the
case of a pupil with a disability under the age of 18, parent
may include a district-appointed surrogate parent.
Sec. 13. Minnesota Statutes 1996, section 127.27,
subdivision 7, is amended to read:
Subd. 7. [PUPIL.] "Pupil" means any student with or:
(1) without a disability under 21 years of age; or
(2) with a disability until September 1 after the child
with a disability becomes 22 years of age;
(3) and who remains eligible to attend a public elementary
or secondary school.
Sec. 14. Minnesota Statutes 1996, section 127.27,
subdivision 8, is amended to read:
Subd. 8. [SCHOOL.] "School" means any school as defined in
Minnesota Statutes 1971, section 120.05, subdivision 2.
Sec. 15. Minnesota Statutes 1996, section 127.27,
subdivision 10, is amended to read:
Subd. 10. [SUSPENSION.] "Suspension" means an action taken
by the school administration, under rules promulgated by the
school board, prohibiting a pupil from attending school for a
period of no more than ten school days. If a suspension is
longer than five days, the suspending administrator must provide
the superintendent with a reason for the longer suspension.
This definition does not apply to dismissal from school for one
school day or less. Each suspension action shall include a
readmission plan. The readmission plan shall include, where
appropriate, a provision for implementing alternative programs
to be implemented educational services upon readmission.
Suspension may not be consecutively imposed The school
administration may not impose consecutive suspensions against
the same pupil for the same course of conduct, or incident of
misconduct, except where the pupil will create an immediate and
substantial danger to self or to surrounding persons or
property, or where the district is in the process of initiating
an expulsion, in which case the school administration may extend
the suspension up to 15 days. In no event shall suspension
exceed 15 school days, provided that an In the case of a pupil
with a disability, a suspension may not exceed ten school days.
The school administration shall implement alternative program
shall be implemented educational services to the extent that
suspension exceeds five days. A separate administrative
conference is required for each period of suspension.
Sec. 16. Minnesota Statutes 1996, section 127.27, is
amended by adding a subdivision to read:
Subd. 11. [ALTERNATIVE EDUCATIONAL SERVICES.] "Alternative
educational services" may include, but are not limited to,
special tutoring, modified curriculum, modified instruction,
other modifications or adaptations, special education services
as indicated by appropriate assessment, homebound instruction,
or enrollment in another district or in an alternative learning
center under section 124C.45.
Sec. 17. Minnesota Statutes 1996, section 127.281, is
amended to read:
127.281 [EXCLUSION AND EXPULSION OF PUPILS WITH A
DISABILITY.]
When a pupil who has an individual education plan is
excluded or expelled under sections 127.26 to 127.39 for
misbehavior that is not a manifestation of the pupil's disabling
condition disability, the district shall continue to provide
special education and related services after a period of
suspension, if suspension is imposed. The district shall
initiate a review of the pupil's individual education plan
within ten five school days of the commencement of commencing an
expulsion, exclusion, or a suspension of ten days or more.
Sec. 18. Minnesota Statutes 1996, section 127.29, is
amended to read:
127.29 [GROUNDS FOR DISMISSAL.]
Subdivision 1. No school shall dismiss any pupil without
attempting to provide alternative programs of education prior to
dismissal educational services before dismissal proceedings,
except where it appears that the pupil will create an immediate
and substantial danger to self or to surrounding persons or
property. Such programs may include special tutoring,
modification of the curriculum for the pupil, placement in a
special class or assistance from other agencies.
Subd. 2. A pupil may be dismissed on any of the following
grounds:
(a) willful violation of any reasonable school board
regulation. Such regulation must be clear and definite to
provide notice to pupils that they must conform their conduct to
its requirements;
(b) willful conduct which that materially and substantially
disrupts the rights of others to an education; or
(c) willful conduct which that endangers the pupil or other
pupils, or the surrounding persons, or property of the school.
Sec. 19. Minnesota Statutes 1996, section 127.30,
subdivision 1, is amended to read:
Subdivision 1. No suspension The school administration
shall not suspend a pupil from school shall be imposed without
an informal administrative conference with the pupil, except.
The informal administrative conference shall take place before
the suspension, except where it appears that the pupil will
create an immediate and substantial danger to self or to
surrounding persons or property, in which case the conference
shall take place as soon as practicable following the suspension.
Sec. 20. Minnesota Statutes 1996, section 127.30, is
amended by adding a subdivision to read:
Subd. 1a. At the informal administrative conference, a
school administrator shall notify the pupil of the grounds for
the suspension, provide an explanation of the evidence the
authorities have, and the pupil may present the pupil's version
of the facts.
Sec. 21. Minnesota Statutes 1996, section 127.30,
subdivision 2, is amended to read:
Subd. 2. A written notice containing the grounds for
suspension, a brief statement of the facts, a description of the
testimony, a readmission plan, and a copy of sections 127.26 to
127.39, shall be personally served upon the pupil at or before
the time the suspension is to take effect, and upon the pupil's
parent or guardian by certified mail within 48 hours of the
conference. The district shall make reasonable efforts to
notify the parents of the suspension by telephone as soon as
possible following suspension. In the event a pupil is
suspended without an informal administrative conference on the
grounds that the pupil will create an immediate and substantial
danger to surrounding persons or property, the written notice
shall be served either personally or by certified mail upon the
pupil and the pupil's parent or guardian within 48 hours of the
suspension. Service by certified mail is complete upon mailing.
Sec. 22. Minnesota Statutes 1996, section 127.30,
subdivision 3, is amended to read:
Subd. 3. Notwithstanding the provisions of subdivisions 1
and 2, the pupil may be suspended pending the school board's
decision in the expulsion or exclusion hearing; provided that an
alternative program shall be educational services are
implemented to the extent that suspension exceeds five days.
Sec. 23. Minnesota Statutes 1996, section 127.31,
subdivision 2, is amended to read:
Subd. 2. Written notice of intent to take action shall:
(a) be served upon the pupil and the pupil's parent or
guardian personally or by certified mail;
(b) contain a complete statement of the facts, a list of
the witnesses and a description of their testimony;
(c) state the date, time, and place of the hearing;
(d) be accompanied by a copy of sections 127.26 to 127.39;
(e) describe alternative educational programs services
accorded the pupil prior to commencement of in an attempt to
avoid the expulsion or exclusion proceedings; and
(f) inform the pupil and parent or guardian of the right to:
(1) have a representative of the pupil's own choosing,
including legal counsel, at the hearing. The district shall
advise the pupil's parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance
resource list is available from the department of children,
families, and learning;
(2) examine the pupil's records before the hearing;
(3) present evidence; and
(4) confront and cross-examine witnesses.
Sec. 24. Minnesota Statutes 1996, section 127.31,
subdivision 7, is amended to read:
Subd. 7. The hearing shall take place before:
(a) (1) an independent hearing officer;
(b) (2) a member of the school board;
(c) (3) a committee of the school board,; or;
(d) (4) the full school board;
as determined by the school board. The hearing shall be
conducted in a fair and impartial manner.
Sec. 25. Minnesota Statutes 1996, section 127.31,
subdivision 8, is amended to read:
Subd. 8. The proceedings of the hearing shall be recorded
and preserved, at the expense of the school district, pending
ultimate disposition of the action. The school board shall
record the hearing proceedings at district expense, and a party
may obtain a transcript at its own expense. Testimony shall be
given under oath. The hearing officer or a member of the school
board shall have the power to issue subpoenas and administer
oaths.
Sec. 26. Minnesota Statutes 1996, section 127.31,
subdivision 13, is amended to read:
Subd. 13. The recommendation of the hearing officer or
school board member or committee shall be based solely upon
substantial evidence presented at the hearing and must be made
to the school board and served upon the parties within two days
of the end of the hearing.
Sec. 27. Minnesota Statutes 1996, section 127.31,
subdivision 14, is amended to read:
Subd. 14. The decision by The school board shall be based
base its decision upon the recommendation of the hearing officer
or school board member or committee and shall be rendered render
its decision at a special meeting held within five days after
receipt of receiving the recommendation. The school board may
provide the parties with the opportunity to present exceptions
and comments to the hearing officer's recommendations provided
that neither party presents any evidence not admitted at the
hearing. The decision shall by the school board must be based
on the record, must be in writing, and must state the
controlling facts found upon on which the decision is made shall
be stated in sufficient detail to apprise the parties and the
commissioner of children, families, and learning of the basis
and reason for the decision.
Sec. 28. Minnesota Statutes 1996, section 127.31,
subdivision 15, is amended to read:
Subd. 15. [ADMISSION OR READMISSION PLAN.] A school board
may administrator shall prepare and enforce an admission or
readmission plan for any pupil who is suspended, excluded, or
expelled from school. The plan may include measures to improve
the pupil's behavior and require parental involvement in the
admission or readmission process, and may indicate the
consequences to the pupil of not improving the pupil's behavior.
Sec. 29. Minnesota Statutes 1996, section 127.311, is
amended to read:
127.311 [GOOD FAITH EXCEPTION.]
A violation of the technical provisions of the pupil fair
dismissal act of 1974, made in good faith, is not a defense to a
disciplinary procedure under the act unless the pupil can
demonstrate actual prejudice as a result of the violation.
Sec. 30. Minnesota Statutes 1996, section 127.32, is
amended to read:
127.32 [APPEAL.]
A party to an exclusion or expulsion decision made pursuant
to under sections 127.26 to 127.39 may be appealed appeal the
decision to the commissioner of children, families, and learning
within 21 calendar days of school board action. Upon being
served with a notice of appeal, the district shall provide the
commissioner and the parent or guardian with a complete copy of
the hearing record within five days of its receipt of the notice
of appeal. All written submissions by the appellant must be
submitted and served on the respondent within ten days of its
actual receipt of the transcript. All written submissions by
the respondent must be submitted and served on the appellant
within ten days of its actual receipt of the written submissions
of the appellant.
In an appeal under this section, the commissioner may
affirm the decision of the agency or may reverse or modify the
decision if the substantial rights of the petitioners may have
been prejudiced because the administrative findings, inferences,
conclusions, or decisions are:
(1) in violation of constitutional provisions;
(2) in excess of the statutory authority or jurisdiction of
the school district;
(3) made upon unlawful procedure, except as provided in
section 127.311;
(4) affected by other error of law;
(5) unsupported by substantial evidence in view of the
entire record submitted; or
(6) arbitrary or capricious.
The commissioner or the commissioner's representative shall make
a final decision based upon a the record of evidence presented
at the hearing. Such ruling shall be binding upon the parties,
subject to judicial review as provided in section 127.33. The
commissioner shall issue a decision within 30 calendar days of
receiving the entire record and the parties' written submission
on appeal. The commissioner's decision shall be final and
binding upon the parties after the time for appeal expires under
section 127.33.
Sec. 31. Minnesota Statutes 1996, section 127.33, is
amended to read:
127.33 [JUDICIAL REVIEW.]
The decision of the commissioner of children, families, and
learning made pursuant to under sections 127.26 to 127.39 shall
be is subject to judicial review in accordance with chapter 14
under sections 14.63 to 14.69. The decision of the commissioner
is stayed pending an appeal under this section.
Sec. 32. Minnesota Statutes 1996, section 127.36, is
amended to read:
127.36 [REPORT TO COMMISSIONER OF CHILDREN, FAMILIES, AND
LEARNING.]
Subdivision 1. [EXCLUSIONS AND EXPULSIONS.] The school
board shall report each exclusion or expulsion within 30 days of
the effective date of the action to the commissioner of
children, families, and learning. This report shall include a
statement of alternative programs of education accorded
educational services given the pupil prior to the commencement
of before beginning exclusion or expulsion proceedings, and the
reason for, the effective date, and the duration of the
exclusion or expulsion.
Subd. 2. [REPORT.] The school board must include state
student identification numbers of affected pupils on all
dismissal reports required by the department. The department
must report annually to the commissioner summary data on the
number of dismissals by age, grade, gender, race, and special
education status of the affected pupils.
Sec. 33. Minnesota Statutes 1996, section 127.37, is
amended to read:
127.37 [NOTICE OF RIGHT TO BE REINSTATED.]
Whenever a pupil fails to return to school within ten
school days of the termination of dismissal, a school
administrator shall inform the pupil and the pupil's
parents shall be informed by certified mail of the pupil's right
to attend and to be reinstated in the public school.
Sec. 34. Minnesota Statutes 1996, section 127.38, is
amended to read:
127.38 [POLICIES TO BE ESTABLISHED.]
(a) The commissioner of children, families, and learning
shall promulgate guidelines to assist each school board. Each
school board shall establish uniform criteria for dismissal and
adopt written policies and rules in writing to effectuate the
purposes of sections 127.26 to 127.39. The policies will shall
emphasize the prevention of dismissal action preventing
dismissals through early detection of problems. The policies
shall recognize the continuing responsibility of the school for
the education of the pupil during the dismissal period. The
alternative educational services, if the pupil wishes to take
advantage of them, must be adequate to allow the pupil to make
progress towards meeting the graduation standards adopted under
section 121.11, subdivision 7c, and help prepare the pupil for
readmission.
(b) An area learning center under section 124C.45 may not
prohibit an expelled or excluded pupil from enrolling solely
because a district expelled or excluded the pupil. The board of
the area learning center may use the provisions of the Pupil
Fair Dismissal Act to exclude a pupil or to require an admission
plan.
(c) The commissioner shall actively encourage and assist
school districts to cooperatively establish alternative learning
programs educational services that offer instruction to pupils
who are dismissed from school for willfully engaging in
dangerous, disruptive, or violent behavior, including for
possessing a firearm in a school zone.
Sec. 35. [127.465] [HAZING POLICY.]
Subdivision 1. [DEFINITIONS.] (a) "Hazing" means
committing an act against a student, or coercing a student into
committing an act, that creates a substantial risk of harm to a
person in order for the student to be initiated into or
affiliated with a student organization.
(b) "Student organization" means a group, club, or
organization having students as its primary members or
participants.
Subd. 2. [MODEL POLICY.] The commissioner of children,
families, and learning shall maintain and make available to
school boards a model policy on student or staff hazing that
addresses the requirements of subdivision 3.
Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall
adopt a written policy governing student or staff hazing. The
policy must apply to student behavior that occurs on or off
school property and during and after school hours. The policy
must include reporting procedures and disciplinary consequences
for violating the policy. Disciplinary consequences must be
sufficiently severe to deter violations and appropriately
discipline prohibited behavior. Disciplinary consequences must
conform with sections 127.27 to 127.39. Each school must
include the policy in the student handbook on school policies.
Sec. 36. Minnesota Statutes 1996, section 128C.02,
subdivision 2, is amended to read:
Subd. 2. [SEXUAL HARASSMENT AND VIOLENCE; HAZING.] The
board of the league shall adopt a policy, rules, penalties, and
recommendations addressing sexual harassment and sexual violence
and hazing toward and by participants in league activities.
Sec. 37. Minnesota Statutes 1996, section 128C.02, is
amended by adding a subdivision to read:
Subd. 8. [BUDGET.] The league is subject to the
commissioner of finance's rules and instructions governing
budget preparation. The league budget must be submitted to the
commissioner of finance and to the legislature in the same
manner as budgets of executive branch agencies.
Sec. 38. Minnesota Statutes 1996, section 128C.12,
subdivision 1, is amended to read:
Subdivision 1. [DUES AND EVENTS REVENUE.] The state
auditor annually must examine the accounts of, and audit all
money paid to, the state high school league by its members. The
audit must include financial and compliance issues. The state
auditor must also audit all money derived from any event
sponsored by the league and review any private audits done for
the league. League audits must include audits of administrative
regions of the league. The league and its administrative
regions may not contract with private auditors. The scope of
the state auditor's examinations of the league must be agreed
upon by the board and the state auditor, provided that all
requirements of this section must be met.
Sec. 39. [128C.13] [INVESTMENT.]
The governing board of the league may request the state
board of investment to invest nonretirement funds of the league,
and the state board of investment may invest these funds when
requested.
Sec. 40. [135A.081] [REMEDIAL INSTRUCTION; HIGH SCHOOL
DIPLOMA WARRANTY.]
Subdivision 1. [CONDITIONS.] A public post-secondary
institution may provide remedial instruction if within 12 months
of first enrollment, the institution determines that the
student's English language reading or writing ability, or the
student's mathematic ability does not rise to the level that is
a necessary prerequisite to minimally acceptable comprehension
of entry level courses or programs at the institution.
Subd. 2. [CONFIRMATION.] The institution's determination
of a student's substandard ability is confirmed if the student
scores below 12th grade level in a standardized test in any of
the following areas covered by the determination: English
language reading comprehension, English language composition, or
mathematics.
Subd. 3. [HIGH SCHOOL DIPLOMA WARRANTY COVERAGE.] (a) If a
student who graduated from a public high school scores below the
8th grade level on a confirming test, the student's high school
shall pay the tuition for the student for all remedial courses
in the area covered by the confirming test that the student
takes in the first year after the student's graduation from high
school. The student's high school shall pay one-half of the
tuition for the student for all remedial courses in the area
covered by the confirming test that the student takes in the
second year after the student's graduation from high school.
This subdivision shall apply to students graduating from a
public high school on or after May 1, 1999.
(b) The payment of tuition by the public high school shall
be waived if the high school can demonstrate, through the
results of a standardized test, that the student had attained
8th grade level performance in the area covered by the
confirming test prior to graduation.
Subd. 4. [NO CREDITS; STUDENT COSTS.] A post-secondary
institution providing remedial instruction under this section
must not award credit to a student toward a degree or program
completion for remedial instruction provided under this section.
Subd. 5. [JUST CLAIM.] A request for payment for remedial
instruction to a student under this section is, under section
123.40, subdivision 1, a just claim against the school district
that includes the student's high school.
Sec. 41. [135A.155] [HAZING POLICY.]
The board of trustees of the Minnesota state colleges and
universities shall, and the University of Minnesota is requested
to, adopt a clear, understandable written policy on student
conduct, including hazing. The policy must include procedures
for reporting incidents of inappropriate hazing and for
disciplinary actions against individual violators and
organizations. The policy must be provided to students when
they register and must be posted at appropriate locations on
campus. A private post-secondary institution that is an
eligible institution as defined in section 136A.101, subdivision
4, must adopt a policy that meets the requirements of this
section.
Sec. 42. Minnesota Statutes 1996, section 245.91,
subdivision 2, is amended to read:
Subd. 2. [AGENCY.] "Agency" means the divisions,
officials, or employees of the state departments of human
services and, health, children, families, and learning, and of
local school districts and designated county social service
agencies as defined in section 256G.02, subdivision 7, that are
engaged in monitoring, providing, or regulating services or
treatment for mental illness, mental retardation or a related
condition, chemical dependency, or emotional disturbance.
Sec. 43. [PROTECTIVE SOFTWARE.]
Subdivision 1. [SOFTWARE RECOMMENDATIONS.] The
commissioner of children, families, and learning shall research,
evaluate, and make recommendations to school districts on
computer software products that filter, block, or otherwise
prevent the use of school computers for the transmission of any
comment, request, suggestion, proposal, image, or other
communication which is:
(1) obscene, indecent, or sexually explicit; or
(2) intended to promote or incite violence against other
living persons.
Subd. 2. [SCHOOL DISTRICTS.] Within one year of the
commissioner completing the requirements of subdivision 1, each
school district must adopt a policy on Internet usage.
Sec. 44. [CONSULTATION.]
The commissioner of children, families, and learning shall
consult with the Minnesota school board association in preparing
the model hazing policy under Minnesota Statutes, section
127.465.
Sec. 45. [CLASS SIZE PROJECT.]
A class size project is established in independent school
district No. 12, Centennial. The purpose of this project is to
establish that significantly lower class size and
instructor-to-learner ratios in a suburban community will result
in measurable achievements for students, staff, and parents.
Sec. 46. [INSTRUCTIONAL DAY CLARIFICATION.]
(a) This section applies to any school district employee
who was scheduled to work on January 16, 1997, 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: (1) 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 (2) compensate any school district employee under
paragraph (a) for that day at the employee's normal rate of pay.
Sec. 47. [PARTNERS FOR QUALITY SCHOOL IMPROVEMENT PILOT
TRAINING PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The school improvement
training and performance pilot program is established to
accelerate school quality and performance improvement
initiatives that lead to improved student achievement in both
high-performing and under-performing schools.
Subd. 2. [ELIGIBILITY.] A school district is eligible to
apply for a grant to establish one or more school improvement
training and performance sites. The application and selection
process must be developed and implemented by the Minnesota
academic excellence foundation and reviewed by the commissioner
of children, families, and learning. Priority for participation
must be given to school districts in which:
(1) the district has received an educational performance
improvement grant under Laws 1994, chapter 647, article 7,
section 18, and has demonstrated improvement in student learning
as a result of the grant;
(2) one school or the district has completed training in a
statewide quality improvement initiative;
(3) the district has demonstrated accountability by
developing and communicating an agenda to increase student
learning;
(4) there are significant numbers of students with critical
learning needs and gaps in learning between these students and
other groups of students; and
(5) site-based management is being implemented.
Subd. 3. [PROGRAM SERVICES.] The Minnesota academic
excellence foundation must provide training and technical
assistance to selected districts to:
(1) create plans for the districtwide deployment of quality
improvement training to all staff;
(2) create a means for identifying and providing remedial,
interventive, or preventive assistance to schools in the
district, based upon the schools' performances against state and
local goals and standards;
(3) accelerate school performance and student learning in
high-performing and under-performing schools; and
(4) train quality program trainers at each site.
Subd. 4. [SCHOOL DISTRICT PARTICIPANTS.] Selected
districts must enter into a contract to achieve increases in
student learning, staff development and performance, and
administrative support services to schools within the district.
Additionally, each selected district must:
(1) plan and deploy quality improvement and other training
to all staff in the district;
(2) establish quality and performance goals and measure
results and report the achieved results at the selected school
sites; and
(3) assist in duplicating successful programs in other
districts by providing training to other school districts for a
period of up to four years, in collaboration with the Minnesota
academic excellence foundation.
Subd. 5. [REPORT.] The Minnesota academic excellence
foundation must report to the commissioner of children,
families, and learning on the progress of the project and
annually on the results of the project.
Sec. 48. [GRANT PROGRAM FOR VIOLENCE PREVENTION THROUGH
THE DEVELOPMENT OF PLAYS, WORKSHOPS, AND EDUCATIONAL RESOURCES.]
Subdivision 1. [GRANT PROGRAM.] The commissioner shall
administer a grant program to fund statewide programs to create
and develop theatrical plays, workshops, and educational
resources based on peer education models that promote increased
awareness and prevention of sexual abuse, interpersonal
violence, emotional violence, and sexual harassment. Programs
eligible for grants must use a combination of theater
professionals and prevention specialists in the delivery of the
service and use a peer education model that uses researched and
proven content in training youth to perform in the plays and
workshops. Programs must provide the source material, the
training program, develop the educational materials, and provide
technical assistance.
Subd. 2. [GRANT PROCEDURE.] Programs may apply for a grant
by submitting an application to the commissioner. The
commissioner may distribute grants to one or more programs
meeting the criteria described in subdivision 1.
Sec. 49. [EXEMPTION TO LABOR DAY SCHOOL START
RESTRICTION.]
Subdivision 1. [1998-1999 AND 1999-2000 SCHOOL
YEARS.] Notwithstanding Minnesota Statutes, section 126.12,
subdivision 1, for the 1998-1999 and 1999-2000 school years
only, a school board may begin the elementary or secondary
school year on the Wednesday, Thursday, or Friday prior to Labor
Day.
Subd. 2. [COLUMBIA HEIGHTS.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, independent school
district No. 13, Columbia Heights, may begin the school year
before Labor Day only by the number of days necessary to
accommodate the district building construction and remodeling
project.
Subd. 3. [CROOKSTON.] Notwithstanding Minnesota Statutes,
section 126.12, subdivision 1, independent school district No.
593, Crookston, may begin the 1997-1998 school year the
Wednesday before Labor Day to accommodate the transition into
the new high school and the renovated junior high school
building.
Subd. 4. [GRAND RAPIDS.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, independent school
district No. 318, Grand Rapids, may begin the 1997-1998 school
year before Labor Day only by the number of days necessary to
accommodate the district building construction project.
Subd. 5. [ISLE.] Notwithstanding Minnesota Statutes,
section 126.12, subdivision 1, for the 1997-1998 school year,
independent school district No. 473, Isle, may begin the
elementary and secondary school year on August 18, 1997, in
order for the school district to complete its conversion of an
existing elementary school to a K-12 facility before the
beginning of the 1998-1999 school year.
Subd. 6. [LAKE PARK; AUDUBON.] Notwithstanding Minnesota
Statutes, section 126.12, subdivision 1, for the 1997-1998
school year, independent school district Nos. 24, Lake Park, and
21, Audubon, may begin the elementary and secondary school year
on August 25, 1997, in order for independent school district No.
24, Lake Park, to accommodate its building renovation schedule
at the end of that school year.
Subd. 7. [NEW PRAGUE.] Notwithstanding Minnesota Statutes,
section 126.12, subdivision 1, independent school district No.
721, New Prague, may begin the 1997-1998 school year prior to
Labor Day only by the number of days necessary to accommodate
the district building and remodeling project.
Subd. 8. [WAYZATA.] Notwithstanding Minnesota Statutes,
section 126.12, subdivision 1, independent school district No.
284, Wayzata, may begin the 1997-1998 school year prior to Labor
Day only by the number of days necessary to accommodate the
transition into the new senior high school building.
Sec. 50. [FUND TRANSFERS.]
Subdivision 1. [HILL CITY.] (a) Notwithstanding Minnesota
Statutes, section 121.912 or 121.9121, on June 30, 1997,
independent school district No. 2, Hill City, may permanently
transfer up to $55,000 from its general fund to its debt
redemption fund for the purpose of repaying the principal and
any interest owed on its outstanding debt service loans. Any
amount transferred but not used to repay the debt service loans
must be applied to the district's outstanding capital loan
balance.
(b) The commissioner of children, families, and learning
shall recompute the general education fund balance reduction for
fiscal year 1997 for independent school district No. 2, Hill
City. For purposes of this reduction, the commissioner shall
lower the district's net unappropriated operating balance as of
June 30, 1996, by the amount that is transferred from the
general fund to the debt redemption fund under paragraph (a).
General education aid for fiscal year 1997 for independent
school district No. 2, Hill City, must be adjusted according to
this subdivision.
The general education levy attributable to fiscal year 1997
for independent school district No. 2, Hill City, must be
adjusted according to this subdivision.
Subd. 2. [FERGUS FALLS.] Notwithstanding Minnesota
Statutes, sections 121.912, 121.9121, and 475.61, subdivision 4,
on June 30, 1997, independent school district No. 544, Fergus
Falls, may permanently transfer up to $202,000 from its debt
redemption fund to its building construction fund without making
a levy reduction.
Subd. 3. [FOSSTON.] Notwithstanding Minnesota Statutes,
sections 121.912, 121.9121, and 475.61, subdivision 4, on June
30, 1997, independent school district No. 601, Fosston, may
permanently transfer up to $105,000 from the debt redemption
fund to its building construction fund without making a levy
reduction.
Subd. 4. [MEDFORD.] Notwithstanding Minnesota Statutes,
sections 121.912 and 121.9121, independent school district No.
763, Medford, may permanently transfer up to a total of $200,000
by June 30, 1998, from reserve accounts in the general fund to
the unreserved general fund. The transfers may be made from
either the bus purchase account or from the reserve for
operating capital account. Transfers from the bus purchase
account may be made without making a levy reduction.
Subd. 5. [BELGRADE-BROOTEN-ELROSA.] Notwithstanding
Minnesota Statutes, sections 121.912 and 121.9121, on June 30,
1997, independent school district No. 2364,
Belgrade-Brooten-Elrosa, may permanently transfer up to $250,000
from the bus purchase account to its general fund.
Sec. 51. [CONVEYANCE OF TRUST FUND LANDS; MCLEOD COUNTY.]
Notwithstanding Special Laws 1858, chapter 21, as amended
by Special Laws 1865, chapter 7; Minnesota Statutes 1866,
chapter 35, title 1; Special Laws 1868, chapter 114; or any
other law to the contrary, the McLeod county board of
commissioners may transfer its existing authority to appoint the
trustees of the Stevens Seminary to the Glencoe-Silver Lake
school board. The board may also transfer any other authority
held by the board over the trustees to the school board.
Sec. 52. [INDEPENDENT SCHOOL DISTRICT NO. 4, MCGREGOR;
LEVY.]
Independent school district No. 4, McGregor, may levy, with
the approval of the commissioner, to eliminate a deficit in the
net unappropriated balance in the operating funds of the
district, determined and adjusted and certified by the
commissioner as of June 30, 1997. This amount shall be reduced
by referendum revenue authorized under Minnesota Statutes,
section 124A.03, pursuant to a plan filed under Minnesota
Statutes, section 121.917, and any other revenue made available
for this purpose. The total levy for all years it is made shall
not exceed the amount of the deficit. The proceeds of this levy
or other available revenue shall only be used for cash flow
requirements and shall not be used to supplement district
revenue or income.
Sec. 53. [HIGH SCHOOL LEAGUE COMPENSATION PLAN.]
The current total compensation plan for the executive
director and for all other league employees shall be reviewed by
the commissioner of employee relations. In considering total
compensation for league employees, the commissioner of employee
relations shall compare league compensation to the compensation
of other Minnesota state employees and school district
employees, taking account of the knowledge, skills,
responsibilities, and working conditions of the jobs.
Sec. 54. [MODEL STUDENT BILL OF RIGHTS AND
RESPONSIBILITIES.]
The commissioner of children, families, and learning shall
maintain and make available to school boards a model student
bill of rights and responsibilities. The commissioner shall
develop the model policy, in consultation with students involved
in YMCA youth in government, Project 120, governor's scholars,
the student council association, and other student groups.
Sec. 55. [STATE BOARD OF EDUCATION.]
The state board of education shall amend its guidelines for
approving experimental management systems to eliminate the
requirement for renewal after initial approval of an
experimental management arrangement.
Sec. 56. [TEACHER RETIREMENT.]
(a) Notwithstanding Minnesota Statutes, section 354.41,
subdivision 4, a person who is a member of the teacher
retirement association and is employed by the Minnesota
federation of teachers or its affiliated branches within the
state or by the Minnesota education association on July 1, 1997,
may remain a coordinated member.
(b) Notwithstanding Minnesota Statutes, section 354.41,
subdivision 5, payments of the applicable employee
contributions, employer contributions, and additional employer
contributions under Minnesota Statutes, section 354.42,
subdivisions 2, 3, and 5, must be made in a lump sum to the
association on or before June 30 of each fiscal year.
Sec. 57. [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 years designated.
Subd. 2. [PARTNERS FOR QUALITY SCHOOL IMPROVEMENT.] For
the school improvement pilot training program:
$500,000 ..... 1998
Up to $20,000 may be used by the Minnesota academic
excellence foundation to deliver training, coaching, technical
assistance, and other services to selected districts. Contracts
shall be awarded to at least six districts, two each to rural,
suburban, and urban school districts. Any portion of the
appropriation not expended in the first year shall not cancel
but shall be available until June 30, 1999.
Subd. 3. [PREVENTING VIOLENCE THROUGH PLAYS AND
WORKSHOPS.] For administering the grant program for preventing
violence through developing plays, workshops, and educational
resources:
$75,000 ..... 1998
$75,000 ..... 1999
Subd. 4. [CENTENNIAL CLASS SIZE PROJECT.] For a grant to
independent school district No. 12, Centennial, for the class
size project:
$180,000 ..... 1998
$180,000 ..... 1999
Any balance remaining in the first year does not cancel but
is available in the second year.
Subd. 5. [MODEL SCHOOL FOR CHRONIC TRUANTS.] For the model
school for chronic truants located in the law enforcement center
in Mankato:
$40,000 ..... 1998
$40,000 ..... 1999
Subd. 6. [AQUILA COMMUNITY TOGETHER PROJECT.] For a grant
to independent school district No. 283, St. Louis Park, for the
Aquila community together project:
$30,000 ..... 1998
$30,000 ..... 1999
This appropriation must be matched from nonstate sources.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [MINNESOTA INTERNATIONAL CENTER.] For the
Minnesota International Center to encourage and foster contacts
between Minnesota school children, their teachers, and people
from other nations through international classroom connection:
$80,000 ..... 1998
$80,000 ..... 1999
Subd. 8. [COMMUNITY HEALTH CENTER.] For independent school
district No. 99, Esko, to develop and operate a community health
and physical fitness center offering district residents programs
in community health and fitness, athletic training services, and
physical therapy:
$30,000 ..... 1998
This appropriation is contingent upon the school district
obtaining a $30,000 in-kind contribution of physical fitness
equipment from a private nonprofit source that is made
permanently available to the community health and physical
fitness center.
Subd. 9. [MCGREGOR GRANT.] For a grant to independent
school district No. 4, McGregor, to reduce a net operating fund
deficit:
$50,000 ..... 1998
Sec. 58. [REPEALER.]
Minnesota Statutes 1996, sections 120.105; 120.65; and
127.31, subdivision 6, are repealed.
Sec. 59. [EFFECTIVE DATES.]
(a) Section 1 applies to the 1997-1998 school year and
thereafter.
(b) Section 35 is effective January 1, 1998.
(c) Sections 37 and 38 are effective 30 days after final
enactment.
(d) Section 50 is effective retroactively to June 30, 1997.
(e) Section 51 is effective the day following final
enactment without local approval pursuant to Minnesota Statutes,
section 645.021, subdivision 2.
(f) If this act is enacted on or after July 1, 1997,
section 56 is effective retroactively to July 1, 1997.
(g) If this act is enacted on or after July 1, 1997, all
sections in this article except for those sections listed in
paragraphs (a) to (f) are effective the day following final
enactment.
ARTICLE 8
LIBRARIES
Section 1. Minnesota Statutes 1996, section 134.155,
subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The commissioner of children, families,
and learning, in consultation with the multicultural advisory
committee established in section 126.82, shall award grants for
professional development programs to recruit and educate people
of color in the field of library science or information
management. Grant applicants must be a public library
jurisdiction with a growing minority population working in
collaboration with an accredited institution of higher education
with a library education program in the state of Minnesota.
Sec. 2. Minnesota Statutes 1996, section 134.155,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM REQUIREMENTS.] (a) A grant recipient
shall recruit people of color to be library staff in public
libraries and provide support in linking program participants
with jobs in the recipient's library jurisdiction.
(b) A grant recipient shall establish an advisory council
composed of representatives of communities of color.
(c) A grant recipient, with the assistance of the advisory
council, may recruit high school students, undergraduate
students or other persons; support them through the higher
education application and admission process; advise them while
enrolled; and link them with support resources in the college or
university and the community.
(d) A grant recipient shall award stipends to people of
color enrolled in a library education program to help cover the
costs of tuition, student fees, supplies, and books. Stipend
awards must be based upon a student's financial need and
students must apply for any additional financial aid for which
they are eligible to supplement this program. No more than ten
percent of the grant may be used for costs of administering the
program. Students must agree to work in the grantee library
jurisdiction for at least two years after graduation if the
student acquires a master's degree and at least three years
after graduation if the student acquires both a bachelor's and a
master's degree while participating in the program. If no
full-time position is available in the library jurisdiction, the
student may fulfill the work requirement in another Minnesota
public library.
(e) The commissioner of children, families, and learning
shall consider the following criteria in awarding grants:
(1) whether the program is likely to increase the
recruitment and retention of persons of color in librarianship;
(2) whether grant recipients will establish or have a
mentoring program for persons of color; and
(3) whether grant recipients will provide a library
internship for persons of color while participating in this
program.
Sec. 3. Minnesota Statutes 1996, section 134.34,
subdivision 4, is amended to read:
Subd. 4. A regional library basic system support grant
shall not be made to a regional public library system for a
participating city or county which decreases the dollar amount
provided for support for operating purposes of public library
service below the amount provided by it for the second preceding
year. This subdivision shall not apply to participating cities
or counties where the adjusted net tax capacity of that city or
county has decreased, if the dollar amount of the reduction in
support is not greater than the dollar amount by which support
would be decreased if the reduction in support were made in
direct proportion to the decrease in adjusted net tax capacity.
Sec. 4. [LIBRARY PILOT PROJECT.]
Subdivision 1. [ESTABLISHMENT.] Notwithstanding law to the
contrary and subject to approvals in subdivision 2, a public
library may operate as a pilot project jointly with the school
library at Nashwauk-Keewatin high school, located in the city of
Nashwauk. The public library is established to serve persons
within the boundaries of independent school district No. 319,
except the city of Keewatin.
Subd. 2. [APPROVALS.] Operation of the public library is
contingent upon a resolution approved by the governing bodies of
cities, towns, and unorganized townships within the geographical
boundaries of independent school district No. 319, except for
the city of Keewatin. For the purposes of this subdivision, the
Itasca county board is designated as the governing body for the
unorganized townships.
Subd. 3. [BOARD; APPOINTMENTS.] The resolution in
subdivision 2 shall provide for a library board of five members
as follows: two members appointed by the school board of
independent school district No. 319, one member appointed by
each town board located within independent school district No.
319 boundaries, one member appointed by the council of the city
of Nashwauk, and one member appointed by the Itasca county board
to represent the unorganized towns within the school district
territory.
Subd. 4. [BOARD TERMS; COMPENSATION.] The library board
members shall serve for the term of the pilot program. An
appointing authority may remove for misconduct or neglect any
member it has appointed to the board and may replace that member
by appointment. Board members shall receive no compensation for
their services but may be reimbursed for actual and necessary
travel expenses incurred in the discharge of library board
duties and activities.
Subd. 5. [FUNDING.] For taxes payable in 1998 and 1999
only, the library board may levy a tax in an amount up to
$25,000 annually on property located within the boundaries of
independent school district No. 319, except the city of
Keewatin. The Itasca county auditor shall collect the tax and
distribute it to the library board. The money may be used for
library staff and for the purchase of library materials,
including computer software. The levy must also fund the amount
necessary to receive bookmobile services from the Arrowhead
regional library system. For taxes payable in 1998 and 1999
only, the county may not levy under Minnesota Statutes, section
134.07, for the areas described in this section.
Subd. 6. [BUILDING.] The school district shall provide the
physical space and costs associated with operating the library
including, but not limited to, heat, light, telephone service,
and maintenance.
Subd. 7. [ORGANIZATION.] Immediately after appointment,
the library board shall organize by electing one of its number
as president and one as secretary, and it may appoint other
officers it finds necessary.
Subd. 8. [DUTIES.] The library board shall adopt bylaws
and regulations for the library and for the conduct of its
business as may be expedient and conformable to law. It shall
have exclusive control of the expenditure of all money collected
for it. The library board shall appoint a qualified library
director and other staff, establish the compensation of
employees, and remove any of them for cause. The library board
may contract with the school board, the regional library board,
or the city in which the library is located to provide
personnel, fiscal, or administrative services. The contract
shall state the personnel, fiscal, and administrative services
and payments to be provided by each party.
Subd. 9. [CRITERIA.] The library shall meet all
requirements in statutes and rules applicable to public
libraries and school media centers. A media supervisor licensed
by the board of teaching may be the director of the library.
Public parking, restrooms, drinking water, and other necessities
shall be easily accessible to library patrons.
Subd. 10. [REPORT.] The library board shall report to the
department of children, families, and learning by February 1,
1999, about the costs of providing the library service and the
number of patrons served.
Subd. 11. [EXPIRATION.] This section expires January 31,
2000.
Sec. 5. [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 years designated.
Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
according to Minnesota Statutes, sections 134.32 to 134.35:
$7,819,000 ..... 1998
$7,819,000 ..... 1999
The 1998 appropriation includes $781,000 for 1997 and
$7,038,000 for 1998.
The 1999 appropriation includes $1,032,000 for 1998 and
$7,038,000 for 1999.
Subd. 3. [LIBRARIANS OF COLOR.] For the librarians of
color program according to Minnesota Statutes, section 134.155:
$55,000 ..... 1998
$55,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [CHILDREN'S LIBRARY SERVICES GRANTS.] For grants
for collaborative programs to strengthen library services to
children, young people, and their families:
$150,000 ..... 1998
$150,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For
grants according to Minnesota Statutes, sections 134.353 and
134.354, to multicounty, multitype library systems:
$865,000 ..... 1998
$903,000 ..... 1999
The 1998 appropriation includes $52,000 for 1997 and
$813,000 for 1998.
The 1999 appropriation includes $90,000 for 1998 and
$813,000 for 1999.
Subd. 6. [REGIONAL PUBLIC LIBRARY SYSTEMS.] For grants to
regional public library systems for outreach and direct library
services to children and families:
$250,000 ..... 1998
$250,000 ..... 1999
In each year $63,000 is for the Metropolitan Library
Services Agency and the remainder is for $17,000 to each of the
other 11 regional public library systems.
Subd. 7. [LIBRARY PILOT PROJECT.] For a grant for the
library pilot project under section 4:
$25,000 ..... 1998
Any balance in the first year does not cancel but is
available in the second year.
Sec. 6. [REPEALER.]
Minnesota Statutes 1996, section 134.34, subdivision 4a, is
repealed.
Sec. 7. [EFFECTIVE DATE.]
(a) Section 4 is effective in the territory located within
independent school district No. 319, except Keewatin, the day
after compliance with Minnesota Statutes, section 645.021,
subdivision 3, by the last of all the governing bodies for the
cities, towns, and unorganized townships. For the unorganized
townships, the governing body is the Itasca county board.
(b) If this act is enacted on or after July 1, 1997, all
sections in this article except for those sections listed in
paragraph (a) are effective the day following final enactment.
ARTICLE 9
TECHNOLOGY
Section 1. Minnesota Statutes 1996, section 124.91,
subdivision 5, is amended to read:
Subd. 5. [INTERACTIVE TELEVISION.] (a) A school district
with its central administrative office located within economic
development region one, two, three, four, five, six, seven,
eight, nine, and ten may apply to the commissioner of children,
families, and learning for ITV revenue up to the greater of .5
percent of the adjusted net tax capacity of the district or
$25,000 for. Eligible interactive television expenditures
include the construction, maintenance, and lease costs of an
interactive television system for instructional purposes. An
eligible school district that has completed the construction of
its interactive television system may also purchase computer
hardware and software used primarily for instructional purposes
and access to the Internet provided that its total expenditures
for interactive television maintenance and lease costs and for
computer hardware and software under this subdivision do not
exceed its interactive television revenue for fiscal year 1998.
The approval by the commissioner of children, families, and
learning and the application procedures set forth in subdivision
1 shall apply to the revenue in this subdivision. In granting
the approval, the commissioner must consider whether the
district is maximizing efficiency through peak use and off-peak
use pricing structures.
(b) To obtain ITV revenue, a district may levy an amount
not to exceed the district's ITV revenue times the lesser of one
or the ratio of:
(1) the quotient derived by dividing the adjusted net tax
capacity of the district for the year before the year the levy
is certified by the actual pupil units in the district for the
year to which the levy is attributable; to
(2) 100 percent of the equalizing factor as defined in
section 124A.02, subdivision 8, for the year to which the levy
is attributable.
(c) A district's ITV aid is the difference between its ITV
revenue and the ITV levy.
(d) The revenue in the first year after reorganization for
a district that has reorganized under section 122.22, 122.23, or
122.241 to 122.247 shall be the greater of:
(1) the revenue computed for the reorganized district under
paragraph (a), or
(2)(i) for two districts that reorganized, 75 percent of
the revenue computed as if the districts involved in the
reorganization were separate, or
(ii) for three or more districts that reorganized, 50
percent of the revenue computed as if the districts involved in
the reorganization were separate.
(e) The revenue in paragraph (d) is increased by the
difference between the initial revenue and ITV lease costs for
leases that had been entered into by the preexisting districts
on the effective date of the consolidation or combination and
with a term not exceeding ten years. This increased revenue is
only available for the remaining term of the lease. However, in
no case shall the revenue exceed the amount available had the
preexisting districts received revenue separately.
(f) Effective for fiscal year 2000, the revenue under this
section shall be 75 percent of the amount determined in
paragraph (a); for fiscal year 2001, 50 percent of the amount in
paragraph (a); and for fiscal year 2002, 25 percent of the
amount in paragraph (a).
(g) This section expires effective for revenue for fiscal
year 2003, or when leases in existence on the effective date of
this act expire.
Sec. 2. Laws 1995, First Special Session chapter 3,
article 12, section 7, subdivision 1, is amended to read:
Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
of the Minnesota education telecommunications council
established in Laws 1993, First Special Session chapter 2, is
expanded to include representatives of elementary and secondary
education. The membership shall consist of three
representatives from the University of Minnesota; three
representatives of the board of trustees for Minnesota state
colleges and universities; one representative of the higher
education services offices; one representative appointed by the
private college council; eight representatives selected by the
commissioner of education children, families, and learning, at
least one of which must come from each of the six higher
education telecommunication regions; a representative from the
information policy office; one member two members each from the
senate and the house of representatives selected by the
subcommittee on committees of the committee on rules and
administration of the senate and the speaker of the house, one
member from each body must be a member of the minority party;
and three representatives of libraries, one representing
regional public libraries, one representing multitype libraries,
and one representing community libraries, selected by the
governor. The council shall:
(1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in
implementing the use of such technologies;
(2) recommend to the commissioner and the legislature by
December 15, 1996, a plan for long-term governance and a
proposed structure for statewide and regional
telecommunications;
(3) recommend educational policy relating to
telecommunications;
(4) determine priorities for use;
(5) oversee coordination of networks for post-secondary
campuses, K-12 education, and regional and community libraries;
(6) review application for telecommunications access grants
under Minnesota Statutes, section 124C.74 and recommend to the
department grants for funding; and
(7) determine priorities for grant funding proposals; and
(8) work with the information policy office to ensure
consistency of the operation of the learning network with
standards of an open system architecture.
The council shall consult with representatives of the
telecommunication industry in implementing this section.
Sec. 3. Laws 1996, chapter 412, article 12, section 11, is
amended to read:
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 or lease of instructional and
administrative software, computers, video, and network hardware.
Notwithstanding Minnesota Statutes, section 471.345, public and
nonpublic schools, public libraries, and political subdivisions
may participate in the contracts a negotiated or a sealed bid
contract legally entered into by the state of Minnesota, if it
meets their technology purchasing needs.
Sec. 4. [SITE-BASED TECHNOLOGY TRANSFORMATION LEARNING
GRANTS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A matching grant
program is established for school districts or a group of school
districts, the residential academies, and the center for arts
education to fund technology projects in support of learning and
to increase and enhance closer ties with the community.
Projects that are eligible for grant funds include, but are not
limited to, hardware and software purchases or leasing and
installation, establishment or expansion of local or wide area
networks, technical support, and training and staff development
in the use of technology and software. Districts may use the
funds for youth entrepreneurship and school-to-work activities,
other collaborative efforts, or year-round open enrollment
projects.
Subd. 2. [GOALS.] The goals for this grant program include
the creation of projects that accomplish one or more of the
following:
(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 district and
sites, with businesses, higher education institutions,
libraries, and local government units;
(10) correlate state-defined outcomes from the graduation
rule to curriculum for each student;
(11) increase accountability through a reporting system;
(12) provide technical support, project evaluation,
dissemination services, and replication; and
(13) connect to the Learning Network of Minnesota.
Subd. 3. [APPLICATION; ELIGIBILITY.] The commissioner of
children, families, and learning shall establish a process and
application forms for grant funds. Eligible applicants must, at
a minimum, identify the specific site needs that the project
will address, define the project's expected outcomes, and
provide the source, type, and amounts of all matching funds. To
be eligible for a site-based technology learning grant, a school
district must:
(1) for districts of 5,000 pupils in average daily
membership or more, have each dollar of grant money matched by
at least one dollar of school district money, plus at least one
dollar of either nonstate or nonschool district money, or
in-kind contributions;
(2) for districts under 5,000 pupils in average daily
membership, indicate what attempts to provide a one-to-one match
have been made prior to the filing of the application;
(3) agree to disseminate and share information about its
project;
(4) provide a benefit to the greater community; and
(5) maintain any ongoing costs of support for the
technology project after the initial funding under the grant
program.
Districts may count toward their match any eligible
expenditures made from July 1, 1996. The residential academies
and the center for arts education do not need to provide a
matching amount.
Subd. 4. [COMPETITIVE TECHNOLOGY TRANSFORMATION LEARNING
GRANTS.] By August 15, 1997, the department of children,
families, and learning shall establish guidelines and an
application process. The money must provide technology at
school sites, including media centers, community education
sites, the center for arts education, or at the residential
academies. The department shall consider the level of
comprehensiveness of a district's technology plan including
integration of curriculum and graduation standards in awarding
the grants.
Sec. 5. [LEARNING AND ELECTRONIC CURRICULUM RESOURCE
NETWORK.]
Subdivision 1. [RESOURCE NETWORK.] (a) The commissioner of
children, families, and learning shall contract with multiple
vendors to develop a learning resource network that expands the
electronic curriculum library under Laws 1996, chapter 412,
article 12, section 15, subdivision 4, paragraph (a), and to
support the statewide implementation of the graduation standards.
(b) The expansion shall include a centralized repository of
curriculum that serves as a resource for teachers and not for
instructional delivery software. The curriculum contained
within the library must be aligned with the content standards of
the graduation rule. Post-secondary institutions may apply for
the electronic curriculum resource project if the institutions
make curriculum available through the repository. The
department of children, families, and learning shall set
standards to assist in alignment of individualized learning
plans systems to the centralized repository. The commissioner
may require a match of local and private funds as part of the
application process.
(c) The commissioner shall consult with representatives
from the public and private sector in the development, use, and
operation of the learning resource network. The commissioner
shall compile a list of vendors of software that can be used to
support implementation of the graduation standards. The
commissioner shall also identify district-initiated projects and
facilitate collaboration between districts to develop and adapt
electronic teaching and administering tools. In addition to the
electronic curriculum repository vendors, the sites in clauses
(1) to (5) shall be considered as vendors eligible for grants:
(1) a project for the Gopher biology shareware at the
University of Minnesota to make multimedia instructional
management software available at no cost to both kindergarten
through grade 12 and higher education faculty throughout the
state, to train faculty and technology support staff in
kindergarten through grade 12 districts both on how to use the
software and database, as well as how to design curricula to
take full advantage of the software, and to model how students
and teachers can use computers to enhance teaching and learning;
(2) a project for the midstate educational district and
independent school district No. 482, Little Falls, to
demonstrate student interaction with the local business
community;
(3) a project for independent school district Nos. 178,
Storden-Jeffers; 633, Lamberton; and 638, Sanborn, to establish
a high school program for remote access for learners to the
districts' educational network of data and training, commercial
access for youth entrepreneurship, and commercial access for
school-to-work programs;
(4) a project for the University of Minnesota for the Bell
Museum of Natural History to deliver science curriculum through
distance learning methods;
(5) a project for the East Range Secondary Technical Center
to purchase equipment for classroom and laboratories to
demonstrate effective integration of technology into the
curriculum; and
(6) a project for the Walker Art Center and the Minneapolis
Institute of Arts for an arts via the Internet project. The
project will connect, via the Internet, the thousands of objects
in these two collections to every classroom, library, college
and university, historical sites, and study centers in the state
by digitizing the collections.
Subd. 2. [FOOD SERVICE DATA MANAGEMENT.] The department of
children, families, and learning shall work with districts to
identify and help implement computer software to improve
district's management of meal costs, meal program tracking, and
government reporting of meals served. The commissioner may
provide funding for this software under section 4.
Subd. 3. [INTERNET ACCESS.] The commissioner of children,
families, and learning shall develop and distribute a model
policy for school districts concerning appropriate access and
usage of the Internet with recommended protocols for staff and
students to follow in order to maximize the educational benefits
of on-line access and services.
Subd. 4. [AT HOME-ACCESS FOR CURRICULUM AND TEACHING.] The
Internet access for Minnesota school projects, the InforMNs
project, shall be continued for the next biennium.
Sec. 6. [LEARNING ACADEMY.]
Subdivision 1. [ESTABLISHMENT.] The commissioner shall
develop standards and requirements and certify courses for a
Minnesota learning academy to provide training opportunities for
educators, administrators, and librarians in the use of
technology and its integration into learning activities for
meeting the educational needs of all students. Only certified
classes may be used to fulfill the requirements of the learning
academy.
Subd. 2. [DEVELOPMENT OF THE LEARNING ACADEMY.] To develop
the learning academy, the commissioner shall consult with
representatives of public schools, higher education, teacher
organizations, students, private business, state agencies,
libraries, and political subdivisions to do the following:
(1) set measures for teacher training opportunities on
technical skills and technology integration skills;
(2) identify and establish outcomes for a series of
training courses that provide for technical skills and
technology classroom integration skills;
(3) identify existing education organizations, public, or
private institutions to develop and provide training courses;
(4) evaluate prerequisites for the classroom integration
skills course;
(5) certify or decertify classes and courses for inclusion
in or exclusion from the learning academy; and
(6) coordinate and make certified classes and courses
available to eligible participants.
Subd. 3. [FUNDING.] The commissioner shall use available
appropriations to provide start-up and initial operating
subsidies for the learning academy sites. Appropriated funds
may also be used to partially subsidize costs of attendees of
the academy.
Sec. 7. [LIBRARY SITE TECHNOLOGY GRANTS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A matching grant
program is established to fund library site technology grants.
The grants are available to public or school library sites or to
a partnership of library sites. Recipients shall use grant
proceeds for technology projects that are consistent with
technology plans and the LDS/MINITEX Joint Standards and
Guidelines for Automated Library Systems. The grants shall fund
projects to expand and integrate technology into library
operations and increase public access to technology by:
(1) converting school media center bibliographic records
into a standard format;
(2) loading school library site media records into
regional, public, or multicounty, multitype library systems or
other appropriate library networks;
(3) upgrading and increasing database development; and
(4) improving library staff use of networked library
resources at library sites throughout the regional multitype
cooperatives.
Subd. 2. [APPLICATION; ELIGIBILITY.] The commissioner of
children, families, and learning shall establish a process and
application forms for library sites to apply for grant funds.
Libraries must describe how they will cooperate with schools.
An applicant must submit a technology plan with the
application. Eligible applicants must, at a minimum, describe
how the proposed project is consistent with the technology plan;
describe how it ensures interoperability of hardware, software,
and telecommunication; identify the specific site needs that the
project will address; define the project's expected outcomes;
and provide the source, type, and amounts of all matching
funds. To be eligible for a site-based technology learning
grant, a library site must:
(1) be a school library, a public library, or a partnership
of public and school libraries;
(2) have each dollar of grant money matched by at least $1
of library site money, including in-kind contributions;
(3) agree to disseminate and share information about its
project;
(4) provide a benefit to the greater community; and
(5) maintain any ongoing costs of support for the
technology project after the initial funding under the grant
program.
Subd. 3. [GRANT AWARD.] The commissioner shall consult
with representatives of the public and private sectors in
establishing criteria and awarding site-based technology
learning grants.
Sec. 8. [REFURBISHED COMPUTER PROGRAM.]
The commissioner of children, families, and learning shall
establish a program to refurbish donated computers to increase
the number of multimedia computers in Minnesota schools. In
establishing the program, the commissioner shall work with the
commissioners of administration and corrections, and the office
of technology. The program must be implemented in conjunction
with the education technology improvement clearinghouses under
Minnesota Statutes, section 121.95, and in partnership with
business, nonprofit organizations, and institutions of higher
education. The commissioner must consider the most
cost-effective approach in allocating funds for computer
recycling or refurbishing. The program must:
(1) establish the number of multimedia computers to be
refurbished by July 1, 2000;
(2) establish partnerships with nonprofit or business
organizations to solicit donations;
(3) develop an agreement with the commissioner of
corrections to facilitate computers in Minnesota correctional
institutions with procedures to minimize security risks;
(4) promote the program to public and nonpublic schools;
and
(5) develop plans to equitably distribute computers to
public and nonpublic schools and ensure proper recycling of
unsuitable equipment.
Sec. 9. [TELECOMMUNICATIONS TECHNOLOGY PLAN.]
The department of children, families, and learning shall
develop criteria for approving telecommunications technology
plans developed by school sites, school districts, or libraries
to enable them to obtain telecommunications discounts provided
under federal law. The department shall take actions necessary
to enable all Minnesota schools and libraries to apply for
discounts and federal universal service support available
January 1, 1998.
Sec. 10. [YEAR 2000 READY.]
The commissioner of children, families, and learning shall
ensure that any computer software or hardware that is purchased
with money appropriated in this bill must be year 2000 ready.
Sec. 11. [ADDITIONAL TECHNOLOGY REVENUE.]
For fiscal year 1998 only, the allowance in Minnesota
Statutes, section 124A.22, subdivision 10, paragraph (a), is
increased by:
(1) $24 per pupil unit; or
(2) the lesser of $25,000 or $80 per pupil unit.
Revenue received under this section must be used according
to Minnesota Statutes, section 124A.22, subdivision 11, clauses
(15), (18), (19), (23), and (24).
Sec. 12. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated,
unless otherwise indicated, from the general fund to the
department of children, families, and learning for the fiscal
years designated. The appropriations in subdivisions 6 and 7
are one-time appropriations only.
Subd. 2. [TELECOMMUNICATIONS ACCESS GRANTS.] For grants to
school districts and regional public library systems to
establish telecommunication connections according to Minnesota
Statutes, section 124C.74:
$13,000,000 ..... 1998
$10,000,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
This amount shall not be included as part of the base for
fiscal year 2000-2001.
In allocating grant funds, the council, as appropriate, may
consider expenditures by district made from July 1, 1995.
Subd. 3. [SITE-BASED TECHNOLOGY TRANSFORMATION LEARNING
GRANTS.] For grants under section 4:
$14,000,000 ..... 1998
Of this amount $300,000 is for an open enrollment
year-round technology project in independent school district No.
138, North Branch.
This appropriation is available until June 30, 1999.
Subd. 4. [LIBRARY SITE TECHNOLOGY GRANT PROGRAM.] For
one-time library site grants under section 7:
$3,500,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 5. [COMPUTER REFURBISHMENT PROGRAM.] For the
multimedia computer refurbishment program under section 8:
$6,000,000 ..... 1998
The commissioner may use up to $250,000 of this amount for
the education technology improvement clearinghouses under
Minnesota Statutes, section 121.95.
The commissioner may use all or part of this appropriation
for an agreement with the commissioner of corrections to
establish refurbishment centers at one or more correctional
institutions.
These funds are available until June 30, 2000.
Subd. 6. [ELECTRONIC CURRICULUM RESOURCE.] For support of
electronic curriculum development:
$4,000,000 ..... 1998
Of this amount, $2,700,000 is for the electronic curriculum
resource under section 5, $1,000,000 of which is for the
collaborative arts project in section 5, subdivision 1,
paragraph (c), clause (5).
Of this amount, $300,000 is for the purposes of the Gopher
Biology Shareware Project under section 5, subdivision 1,
paragraph (c), clause (1).
Subd. 7. [UNIVERSITY OF MINNESOTA; BELL MUSEUM.] For a
grant to the University of Minnesota for the Bell Museum of
Natural History to deliver science curriculum through distance
learning methods under section 5, subdivision 1, paragraph (c),
clause (3):
$500,000 ..... 1998
$500,000 ..... 1999
Subd. 8. [INTERACTIVE TELEVISION (ITV) AID.] For
interactive television (ITV) aid under Minnesota Statutes,
section 124.91, subdivision 5:
$4,030,000 ..... 1998
$4,052,000 ..... 1999
The 1998 appropriation includes $384,000 for 1997 and
$3,646,000 for 1998.
The 1999 appropriation includes $405,000 for 1998 and
$3,647,000 for 1999.
Subd. 9. [INSTRUCTIONAL TRANSFORMATION THROUGH TECHNOLOGY
GRANTS.] For grants according to Laws 1995, First Special
Session chapter 3, article 12, section 8:
$ 1,000,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 10. [ADDITIONAL OPERATING CAPITAL.] For a one-time
increase in operating capital according to section 11:
$25,000,000 ..... 1998
Subd. 11. [LEARNING ACADEMY.] For training and staff
development according to section 6:
$2,000,000 ..... 1998
This appropriation is available until June 30, 1999.
Subd. 12. [TECHNOLOGY ENHANCEMENT; RESIDENTIAL ACADEMIES.]
For technology improvements at the Minnesota state academies:
$500,000 ..... 1998
$500,000 ..... 1999
The appropriation is for implementing the Minnesota state
academies' technology plan including completion of a local area
network; installation of ten technology laboratories, classroom
work stations, and additional hardware and software; purchases
of large-screen monitors, speech synthesizers, screen-reader
software, and braille display; and technology support and
maintenance to assist the academies in fulfilling their
educational mission.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 13. [REGIONAL MANAGEMENT INFORMATION CENTERS.] The
sum indicated in this subdivision is appropriated from the
general fund to the office of technology for the fiscal year
designated. For grants to regional management information
centers under Minnesota Statutes, section 121.935, for the
transition period in their technology uses and consolidation of
processing needs:
$978,000 ..... 1998
This appropriation is available until June 30, 1999.
Sec. 13. [REPEALER.]
(a) Minnesota Statutes 1996, section 124C.74, is repealed
effective July 1, 1999.
(b) Minnesota Statutes 1996, section 134.46, is repealed.
Sec. 14. [EFFECTIVE DATE.]
If this act is enacted on or after July 1, 1997, sections 1
to 13 are effective the day following final enactment.
ARTICLE 10
STATE AGENCIES
Section 1. Minnesota Statutes 1996, section 128A.02, is
amended by adding a subdivision to read:
Subd. 7. [GRANTS.] The state board, through the chief
administrators of the academies, may apply for all competitive
grants administered by agencies of the state and other
government or nongovernment sources. Application may not be
made for grants over which the board has discretion.
Sec. 2. Minnesota Statutes 1996, section 129C.10,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has
the powers necessary for the care, management, and control of
the Lola and Rudy Perpich Minnesota center for arts education
and all its real and personal property. The powers shall
include, but are not limited to, those listed in this
subdivision.
(b) The board may employ and discharge necessary employees,
and contract for other services to ensure the efficient
operation of the center for arts education.
(c) The board may receive and award grants. The board may
establish a charitable foundation and accept, in trust or
otherwise, any gift, grant, bequest, or devise for educational
purposes and hold, manage, invest, and dispose of them and the
proceeds and income of them according to the terms and
conditions of the gift, grant, bequest, or devise and its
acceptance. The board shall adopt internal procedures to
administer and monitor aids and grants.
(d) The board may establish or coordinate evening,
continuing education, extension, and summer programs for
teachers and pupils.
(e) The board may identify pupils who have artistic talent,
either demonstrated or potential, in dance, literary arts, media
arts, music, theater, and visual arts, or in more than one art
form.
(f) The board shall educate pupils with artistic talent by
providing:
(1) an interdisciplinary academic and arts program for
pupils in the 11th and 12th grades. The total number of pupils
accepted under this clause and clause (2) shall not exceed 300;
(2) additional instruction to pupils for a 13th grade.
Pupils eligible for this instruction are those enrolled in 12th
grade who need extra instruction and who apply to the board, or
pupils enrolled in the 12th grade who do not meet learner
outcomes established by the board. Criteria for admission into
the 13th grade shall not be subject to chapter 14;
(3) intensive arts seminars for one or two weeks for pupils
in grades 9 to 12;
(4) summer arts institutes for pupils in grades 9 to 12;
(5) artist mentor and extension programs in regional sites;
and
(6) teacher education programs for indirect curriculum
delivery.
(g) The board may determine the location for the Lola and
Rudy Perpich Minnesota center for arts education and any
additional facilities related to the center, including the
authority to lease a temporary facility.
(h) The board must plan for the enrollment of pupils on an
equal basis from each congressional district.
(i) The board may establish task forces as needed to advise
the board on policies and issues. The task forces expire as
provided in section 15.059, subdivision 6.
(j) The board may request the commissioner of children,
families, and learning for assistance and services.
(k) The board may enter into contracts with other public
and private agencies and institutions for residential and
building maintenance services if it determines that these
services could be provided more efficiently and less expensively
by a contractor than by the board itself. The board may also
enter into contracts with public or private agencies and
institutions, school districts or combinations of school
districts, or service cooperatives to provide supplemental
educational instruction and services.
(l) The board may provide or contract for services and
programs by and for the center for arts education, including a
store, operating in connection with the center; theatrical
events; and other programs and services that, in the
determination of the board, serve the purposes of the center.
(m) The board may provide for transportation of pupils to
and from the center for arts education for all or part of the
school year, as the board considers advisable and subject to its
rules. Notwithstanding any other law to the contrary, the board
may charge a reasonable fee for transportation of pupils. Every
driver providing transportation of pupils under this paragraph
must possess all qualifications required by the state board of
education. The board may contract for furnishing authorized
transportation under rules established by the commissioner of
children, families, and learning and may purchase and furnish
gasoline to a contract carrier for use in the performance of a
contract with the board for transportation of pupils to and from
the center for arts education. When transportation is provided,
scheduling of routes, establishment of the location of bus
stops, the manner and method of transportation, the control and
discipline of pupils, and any other related matter is within the
sole discretion, control, and management of the board.
(n) The board may provide room and board for its pupils.
If the board provides room and board, it shall charge a
reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections
120.71 to 120.76.
(o) The board may establish and set fees for services and
programs without regard to chapter 14. If the board sets fees
not authorized or prohibited by the Minnesota public school fee
law, it may do so without complying with the requirements of
section 120.75, subdivision 1.
(p) The board may apply for all competitive grants
administered by agencies of the state and other government or
nongovernment sources.
Sec. 3. [APPROPRIATIONS; DEPARTMENT OF CHILDREN, FAMILIES,
AND LEARNING.]
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 years designated.
Subd. 2. [DEPARTMENT.] For the department of children,
families, and learning:
$24,360,000 ..... 1998
$23,978,000 ..... 1999
(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) $622,000 in 1998 and $627,000 in 1999 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 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 1998 does not cancel but is available in
1999. The amount carried forward must not be used to establish
a larger annual base appropriation for later fiscal years.
(d) $207,000 in 1998 and $210,000 in 1999 is for the state
board of education.
(e) $230,000 in 1998 and $234,000 in 1999 is for the board
of teaching.
(f) 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.
(g) The department of 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 must include data to
indicate the progress of the department in meeting its goals and
objectives.
(h) At least $50,000 is to ensure compliance with state and
federal laws prohibiting discrimination because of race,
religion, or sex. The department shall use the appropriation to
provide state-level leadership on equal education opportunities
which promote elimination of discriminatory practices in the
areas of race, religion, and sex in public schools and public
educational agencies under its general supervision and on
activities including, at least, compliance monitoring and
voluntary compliance when local school district deficiencies are
found.
(i) Notwithstanding Minnesota Statutes, section 15.53,
subdivision 2, the commissioner of children, families, and
learning may contract with a school district for a period no
longer than five consecutive years to work in the development or
implementation of the graduation rule. The commissioner may
contract for services and expertise as necessary. The contracts
are not subject to Minnesota Statutes, sections 16B.06 to 16B.08.
(j) In preparing the department budget for fiscal years
2000-2001, the department shall shift all administrative funding
from aids appropriations into the appropriation for the
department.
(k) Reallocations of excesses under Minnesota Statutes,
section 124.14, subdivision 7, from appropriations within this
act shall only be made to deficiencies in programs with
appropriations contained within this act.
(l) $850,000 each year is for litigation costs and may only
be used for those purposes. These appropriations are one-time
only.
(m) Collaborative efforts between the department of
children, families, and learning and the office of technology,
as specified in Minnesota Statutes, section 237A.015, include:
(1) advising the commissioner of children, families, and
learning on new and emerging technologies, potential business
partnerships, and technical standards;
(2) assisting the commissioner of children, families, and
learning in the sharing of data between state agencies relative
to children's programs; and
(3) as requested by the commissioner of children, families,
and learning, assisting in collaborative efforts for joint
prekindergarten through grade 12 and higher education projects,
including the learning network.
The commissioner of children, families, and learning shall have
final approval for prekindergarten through grade 12 programs and
lifelong learning programs, grant awards, and funding decisions.
Sec. 4. [APPROPRIATIONS; LOLA AND RUDY PERPICH MINNESOTA
CENTER FOR ARTS EDUCATION.]
The sums indicated in this section are appropriated from
the general fund to the center for arts education for the fiscal
years designated:
$5,541,000 ..... 1998
$6,054,000 ..... 1999
Of the fiscal year 1998 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
1999 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 center
for arts education in cooperation with the Minnesota arts
board. The Minnesota arts board shall participate in the review
and allocation process. The center for arts education and the
Minnesota arts board shall cooperate to fund these projects.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 5. [APPROPRIATIONS; FARIBAULT ACADEMIES.]
The sums indicated in this section are appropriated from
the general fund to the department of children, families, and
learning for the Faribault academies for the fiscal years
designated:
$8,910,000 ..... 1998
$8,908,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
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. 6. [EFFECTIVE DATE.]
If this act is enacted on or after July 1, 1997, sections 1
to 5 are effective the day following final enactment.
ARTICLE 11
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 1996, 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 sections 124.32,
124.3201, and 124.3202;
(4) secondary vocational school-to-work program 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.
(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. 2. Minnesota Statutes 1996, section 124.321,
subdivision 1, is amended to read:
Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal
years 1996 and later, special education levy equalization
revenue for a school district, excluding an intermediate school
district, equals the sum of the following amounts:
(1) the levy percentage factor for that year times the
district's special education revenue under section 124.3201;
plus
(2) the levy percentage factor for that year times the
district's special education summer program revenue under
section 124.3202; plus
(3) the levy percentage factor for that year times the
district's special education excess cost revenue under section
124.323; plus
(4) the levy percentage factor for that year times the
district's secondary vocational education school-to-work program
for children with a disability revenue under section 124.574;
plus
(5) the levy percentage factor for that year times the
district's limited English proficiency programs revenue under
section 124.273.
Sec. 3. Minnesota Statutes 1996, section 124A.225,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] Of a district's general
education revenue an amount equal to the sum of the number of
elementary fund balance pupils in average daily membership
defined in section 124.17, subdivision 1h 1f, and one-half of
the number of kindergarten fund balance pupils in average daily
membership as defined in section 124.17, subdivision 1h 1f,
times .06 for fiscal year 1995 and thereafter times the formula
allowance must be reserved according to this section.
Sec. 4. [EFFECTIVE DATE.]
If this act is enacted on or after July 1, 1997, sections 1
to 3 are effective the day following final enactment.
ARTICLE 12
SCHOOL BUS SAFETY
Section 1. [121.175] [ADVERTISING ON SCHOOL BUSES.]
(a) The commissioner, through a competitive process, and
with the approval of the school bus safety advisory committee
may contract with advertisers regarding advertising on school
buses. At a minimum, the contract must prohibit advertising and
advertising images that:
(1) solicit the sale of, or promote the use of, alcoholic
beverages and tobacco products;
(2) are discriminatory in nature or content;
(3) imply or declare an endorsement of the product or
service by the school district;
(4) contain obscene material;
(5) are false, misleading, or deceptive; or
(6) relate to an illegal activity or antisocial behavior.
(b) Advertisement must meet the following conditions:
(1) the advertising attached to the school bus does not
interfere with bus identification under section 169.441; and
(2) the bus with attached advertising meets the school bus
equipment standards under sections 169.4501 to 169.4504.
(c) All buses operated by school districts may be attached
with advertisements under the state contract. All school
district contracts shall include a provision for advertisement.
Each school district shall be reimbursed by the advertiser for
all costs incurred by the district and its contractors for
supporting the advertising program, including, but not limited
to, retrofitting buses, storing advertising, attaching
advertising to the bus, and related maintenance.
(d) The commissioner shall hold harmless and indemnify each
district for all liabilities arising from the advertising
program. Each district must tender defense of all such claims
to the commissioner within five days of receipt.
(e) All revenue from the contract shall be deposited in the
general fund.
Sec. 2. Minnesota Statutes 1996, section 123.799,
subdivision 1, is amended to read:
Subdivision 1. [RESERVED REVENUE USE.] A district shall
use the student transportation safety reserved revenue under
section 124.225, subdivision 7f, for providing student
transportation safety programs to enhance student conduct and
safety on the bus or when boarding and exiting the bus. A
district's student transportation policy must specify the
student transportation safety activities to be carried out under
this section. A district's student transportation safety
reserved revenue may only be used for the following purposes:
(1) to provide paid adult bus monitors, including training
and salary costs;
(2) to provide a volunteer bus monitor program, including
training costs and the cost of a program coordinator;
(3) to purchase or lease optional external public address
systems or video recording cameras for use on buses; and
(4) to purchase new or retrofit existing school buses with
seatbelts or other occupant restraint systems after consultation
with and approval by the commissioner of public safety; and
(4) (5) other activities or equipment that have been
reviewed by the state school bus safety advisory committee and
approved by the commissioner of public safety.
Sec. 3. Minnesota Statutes 1996, section 123.7991,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The first third
week of school is designated as school bus safety week.
A school board may designate one day of school bus safety
week as school bus driver day.
Sec. 4. Minnesota Statutes 1996, 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. 5. Minnesota Statutes 1996, 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 or cutaway front section vehicle with a left-side driver's
door, designed for carrying more than ten persons. This
definition includes two classifications: type A-I, with a gross
vehicle weight rating (GVWR) over 10,000 pounds; and type A-II,
with a GVWR of 10,000 pounds or less.
(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, 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. 6. Minnesota Statutes 1996, section 169.435,
subdivision 2, is amended to read:
Subd. 2. [SCHOOL BUS SAFETY ADVISORY COMMITTEE.] (a) The
commissioner of public safety shall establish the school bus
safety advisory committee. The commissioner shall provide the
committee with meeting space and clerical support. The
commissioner of public safety or the commissioner's designee
shall chair the committee. The members of the committee also
shall include:
(1) the commissioner of children, families, and learning or
the commissioner's designee;
(2) the commissioner of human rights or the commissioner's
designee;
(3) a county or city attorney;
(4) a representative of the state patrol;
(5) a school board member;
(6) a school superintendent;
(7) two school bus drivers, one representing the
metropolitan area and one representing greater Minnesota;
(8) two school transportation contractors, one representing
the metropolitan areas and one representing greater Minnesota;
(9) two school transportation safety directors, one
representing the metropolitan area and one representing greater
Minnesota; and
(10) five public members, including at least four parents
of children who ride a school bus, among them a parent of a
child with a disability. The public members shall be
geographically representative.
The commissioner of public safety, in consultation with the
commissioner of children, families, and learning, shall appoint
the members listed in clauses (3) to (9). The governor shall
appoint the public members in clause (10). Terms, compensation,
and removal of committee members shall be according to section
15.059. The committee shall meet quarterly or as required by
the chair.
(b) The duties of the committee shall include:
(1) an annual report by January 15 to the governor and the
education committees of the legislature, including
recommendations for legislative action when needed, on student
bus safety education, school bus equipment requirements and
inspection, including seat belts and other occupant restraint
systems, bus driver licensing, training, and qualifications, bus
operation procedures, student behavior and discipline, rules of
the road, school bus safety education for the public, or any
other aspects of school transportation safety the committee
considers appropriate;
(2) a quarterly review of all school transportation
accidents, crimes, incidents of serious misconduct, incidents
that result in serious personal injury or death, and bus driver
dismissals for cause; and
(3) periodic review of school district comprehensive
transportation safety policies.
(c) The committee expires June 30, 2001.
Sec. 7. Minnesota Statutes 1996, section 169.443,
subdivision 3, is amended to read:
Subd. 3. [WHEN SIGNALS NOT USED.] School bus drivers shall
not activate the prewarning flashing amber signals or flashing
red signals and shall not use the stop arm signal:
(1) in special school bus loading areas where the bus is
entirely off the traveled portion of the roadway and where no
other motor vehicle traffic is moving or is likely to be moving
within 20 feet of the bus;
(2) in residence districts or business districts, as
defined in section 169.01, of home rule or statutory cities when
directed not to do so, in writing, by the local school
administrator board;
(3) when a school bus is being used on a street or highway
for purposes other than the actual transportation of school
children to or from school or a school-approved activity, except
as provided in subdivision 8;
(4) at railroad grade crossings; and
(5) when loading and unloading people while the bus is
completely off the traveled portion of a separated, one-way
roadway that has adequate shoulders. The driver shall drive the
bus completely off the traveled portion of this roadway before
loading or unloading people.
Sec. 8. Minnesota Statutes 1996, section 169.447,
subdivision 6, is amended to read:
Subd. 6. [OVERHEAD BOOK RACKS; STORAGE COMPARTMENTS.]
Types A, B, C, and D School buses may be equipped with padded,
permanent overhead book racks that do not hang over the center
aisle of the bus. School buses manufactured after January 1,
1998, may also be equipped with interior overhead storage
compartments provided they meet the requirements of the 1995
"National Standards for School Buses and School Bus Operations."
Sec. 9. Minnesota Statutes 1996, section 169.4501,
subdivision 1, is amended to read:
Subdivision 1. [NATIONAL STANDARDS ADOPTED.] Except as
provided in sections 169.4502 and 169.4503, the construction,
design, equipment, and color of types A, B, C, and D school
buses used for the transportation of school children shall meet
the requirements of the "bus chassis standards" and "bus body
standards" in the 1990 1995 revised edition of the "National
Standards for School Buses and School Bus Operations" adopted by
the Eleventh Twelfth National Conference on School
Transportation and published by the National Safety Council.
Except as provided in section 169.4504, the construction,
design, and equipment of types A, B, C, and D school buses used
for the transportation of students with disabilities also shall
meet the requirements of the "specially equipped school bus
standards" in the 1990 1995 National Standards for School Buses
and School Bus Operations. The "bus chassis standards," "bus
body standards," and "specially equipped school bus standards"
sections of the 1990 1995 revised edition of the "National
Standards for School Buses and School Bus Operations" are
incorporated by reference in this chapter.
Sec. 10. Minnesota Statutes 1996, section 169.4501,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] (a) The standards adopted in
this section and sections 169.4502 and 169.4503, govern the
construction, design, equipment, and color of school buses used
for the transportation of school children, when owned and
operated by a school or privately owned and operated under a
contract with a school, and these standards must be made a part
of that contract by reference. Each school, its officers and
employees, and each person employed under the contract is
subject to these standards.
(b) The standards apply to school buses manufactured after
December 31, 1994 1997. Buses complying with these standards
when manufactured need not comply with standards established
later except as specifically provided for by law.
(c) A school bus manufactured on or before December 31,
1994 1997, must conform to the Minnesota standards in effect on
the date the vehicle was manufactured except as specifically
provided for in law.
(d) A new bus body may be remounted on a used chassis
provided that the remounted vehicle meets state and federal
standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner
of public safety before the remounting is done. A used bus body
may not be remounted on a new or used chassis.
Sec. 11. Minnesota Statutes 1996, section 169.4502,
subdivision 2, is amended to read:
Subd. 2. [BRAKES.] The braking system must include an
emergency brake. The braking system must meet federal motor
vehicle safety standards in effect at the time of manufacture.
All buses manufactured with air brakes after January 1, 1995,
shall have automatic slack adjusters.
Sec. 12. Minnesota Statutes 1996, section 169.4502,
subdivision 7, is amended to read:
Subd. 7. [EXHAUST SYSTEM.] The tailpipe must:
(1) extend to but not more than one inch beyond the bumper
and be mounted outside of the chassis frame rail; or
(2) extend to but not more than one inch two inches beyond
the left side of the bus, behind the driver's compartment. A
type A bus and a type B bus with a gross vehicle weight rating
under 15,000 pounds, shall comply with the manufacturer's
standard. No exhaust pipe may exit beneath an emergency exit,
or, on a type C or type D bus, under the fuel fill location. No
exhaust pipe shall be reduced in size beyond the muffler.
Sec. 13. Minnesota Statutes 1996, section 169.4502,
subdivision 9, is amended to read:
Subd. 9. [FUEL TANK.] If mounted behind the rear wheels,
the fuel tank on a vehicle constructed with a power lift unit
shall be between the frame rails. Fuel tanks for a type A bus
and for a type B bus with a gross vehicle weight rating under
15,000 pounds may must be manufacturer manufacturer's standard
and must conform with federal motor vehicle safety standard
number 301, Code of Federal Regulations, title 49, part 571.
Sec. 14. Minnesota Statutes 1996, section 169.4502,
subdivision 11, is amended to read:
Subd. 11. [TIRES AND RIMS.] The use of multipiece rims or
tube-type tires is permitted. Radial and bias ply tires shall
not be used on the same axle. Front tire tread depth shall not
be less than 4/32 inch in any major tire tread groove. Rear tire
tread shall not be less than 2/32 inch. Tires must be measured
in three locations around the tire, in two adjoining grooves.
No recapped tires shall be used on the front wheels. Recapped
tires are permitted on the rear wheels.
Sec. 15. Minnesota Statutes 1996, section 169.4502, is
amended by adding a subdivision to read:
Subd. 13. [AIR CLEANER.] The air intake system for diesel
buses may have an air cleaner restriction indicator installed.
Sec. 16. Minnesota Statutes 1996, section 169.4502, is
amended by adding a subdivision to read:
Subd. 14. [CLUTCH.] A starter interlock may be installed
to prevent actuation of the starter if the clutch is not
depressed.
Sec. 17. Minnesota Statutes 1996, section 169.4502, is
amended by adding a subdivision to read:
Subd. 15. [OIL FILTER.] An oil filtration system may be
used in lieu of an oil filter.
Sec. 18. Minnesota Statutes 1996, section 169.4503,
subdivision 1, is amended to read:
Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The bus
body standards contained in this section are required in
addition to those required by sections 169.450 169.4501 and
169.4502. When a Minnesota standard contained in this section
conflicts with a national standard adopted in section 169.450
169.4501, the Minnesota standard contained in this section is
controlling.
Sec. 19. Minnesota Statutes 1996, section 169.4503,
subdivision 2, is amended to read:
Subd. 2. [BACKUP WARNING ALARM.] An automatic audible
backup alarm may be installed. A spring-loaded button in the
driver's compartment that will temporarily disable the backup
alarm is allowed for usage in school bus overnight parking lots
and repair facilities.
Sec. 20. Minnesota Statutes 1996, section 169.4503,
subdivision 10, is amended to read:
Subd. 10. [EMERGENCY EQUIPMENT; FIRE EXTINGUISHERS.] The
fire extinguisher must have at least a 10BC rating The bus must
be equipped with at least one UL-approved pressurized, dry
chemical fire extinguisher with a total rating of 2A10BC or
greater.
Sec. 21. Minnesota Statutes 1996, section 169.4503,
subdivision 13, is amended to read:
Subd. 13. [IDENTIFICATION.] (a) Each bus shall, in the
beltline, identify the school district serviced, or company
name, or owner of the bus. Numbers necessary for identification
must appear on the sides and rear of the bus. Symbols or
letters may be used on the outside of the bus near the entrance
door for student identification. A manufacturer's nameplate or
logo may be placed on the side of the bus near the entrance door
and on the rear.
(b) Effective December 31, 1994, all buses sold must
display lettering "Unlawful to pass when red lights are
flashing" on the rear of the bus. The lettering shall be in
two-inch black letters on school bus yellow background. This
message shall be displayed directly below the upper window of
the rear door. On rear engine buses, it shall be centered at
approximately the same location. Only signs and lettering
approved or required by state law may be displayed.
Sec. 22. Minnesota Statutes 1996, section 169.4503,
subdivision 14, is amended to read:
Subd. 14. [INSULATION.] (a) Ceilings and wall shall be
insulated to a minimum of one and one-half inch fiberglass and
installed so the insulation does not compact or sag. Floor
insulation must be nominal 19/32 inches thick plywood, or a
material of equal or greater strength and insulation R value
that equals or exceeds properties of exterior-type softwood
plywood, C-D grade as specified in standard issued by the United
States Department of Commerce. Type A and B A-II buses with a
gross vehicle weight rating under 15,000 pounds must have a
minimum of one-half inch plywood. All exposed edges on plywood
shall be sealed. Every school bus shall be constructed so that
the noise level taken at the ear of the occupant nearest to the
primary vehicle noise source shall not exceed 85 dba when tested
according to procedures in the 1990 1995 National Standards for
School Buses and School Bus Operations.
(b) The underside of metal floor may be undercoated with
polyurethane floor insulation, foamed in place. The floor
insulation must be combustion resistant. The authorization in
this paragraph does not replace the plywood requirement.
Sec. 23. Minnesota Statutes 1996, section 169.4503,
subdivision 17, is amended to read:
Subd. 17. [MIRRORS.] A type B bus with a gross vehicle
weight rating less than 15,000 pounds shall have a minimum of
six-inch by 16-inch mirror. A type B bus with a gross vehicle
weight rating over 15,000 pounds shall have a minimum of a
six-inch by 30-inch mirror. After January 1, 1995, all school
buses must be equipped with a minimum of two crossover mirrors,
mounted to the left and right sides of the bus.
Sec. 24. Minnesota Statutes 1996, section 169.4503,
subdivision 19, is amended to read:
Subd. 19. [RUB RAILS.] There shall be one rub rail at the
base of the skirt of the bus on all type A, excluding van
conversions, B, C, and D buses.
Sec. 25. Minnesota Statutes 1996, section 169.4503,
subdivision 23, is amended to read:
Subd. 23. [WINDOWS.] Windshield, entrance, and rear
emergency exit doors must be of approved safety glass.
Laminated or tempered glass (AS-2 or AS-3) is permitted in all
other windows. All glass shall be federally approved and marked
as provided in section 169.74. The windshield may be of uniform
tint throughout or may have a horizontal gradient band starting
slightly above the line of vision and gradually decreasing in
light transmission to 20 percent or less at the top of the
windshield. The use of tinted glass, as approved by section
169.71, is permitted on side windows and rear windows except for
the entrance door, the first window behind the service door, and
the window to the left of the driver. The window to the left of
the driver, the upper service door windows, and the window
immediately behind the entrance door must be thermal glass. The
window to the left of the driver for type A and B buses with a
gross vehicle weight rating under 15,000 pounds need not be
thermal glass.
Sec. 26. Minnesota Statutes 1996, section 169.4503,
subdivision 24, is amended to read:
Subd. 24. [WIRING.] If not protected by a grommet, wire
that passes through holes shall be encased in an
abrasive-resistant protective covering. If a master cutoff
switch is used, it shall not be wired as to kill power to the
electric brake system.
Sec. 27. Minnesota Statutes 1996, section 169.4503, is
amended by adding a subdivision to read:
Subd. 25. [DRIVER COMPARTMENT.] The driver's seat must be
a high-back seat.
Sec. 28. Minnesota Statutes 1996, section 169.4504,
subdivision 1, is amended to read:
Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The
specially equipped school bus standards contained in this
section are required in addition to those required by section
169.450 169.4501. When a Minnesota standard contained in this
section conflicts with a national standard adopted in
section 169.450 169.4501, the Minnesota standard contained in
this section is controlling.
Sec. 29. Minnesota Statutes 1996, section 169.4504, is
amended by adding a subdivision to read:
Subd. 6. [SECUREMENT AND RESTRAINT SYSTEM.] The securement
and restraint system must be located and installed so that when
an occupied wheelchair or other mobility aid is secured, the
installation meets the requirements of the applicable federal
motor vehicle safety standard.
Sec. 30. Minnesota Statutes 1996, section 169.452, is
amended to read:
169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.]
The department of public safety shall develop uniform
definitions of a school bus accident, an incident of serious
misconduct, and an incident that results in personal injury or
death. The department shall determine what type of information
on school bus accidents and incidents, including criminal
conduct, and bus driver dismissals for cause should be collected
and develop a uniform accident and incident reporting form to
collect those data, including data relating to type III
vehicles, statewide. In addition to the form, the department
shall have an alternative method of reporting that allows school
districts to use computer technology to provide the required
information. School districts selected by the commissioner
shall report the information required by the department using
either format. A school district must not be charged for
reporting forms or reporting procedures under this section.
Data collected under this section shall be analyzed to help
develop accident, crime, and misconduct prevention programs.
This section is not subject to chapter 14.
Sec. 31. Minnesota Statutes 1996, section 171.321,
subdivision 3, is amended to read:
Subd. 3. [STUDY OF APPLICANT.] (a) Before issuing or
renewing a school bus endorsement, the commissioner shall
conduct a criminal and driver's license records check of the
applicant. The commissioner may also conduct the check at any
time while a person is so licensed. The check shall consist of
a criminal records check of the state criminal records
repository and a check of the driver's license records system.
If the applicant has resided in Minnesota for less than five
years, the check shall also include a criminal records check of
information from the state law enforcement agencies in the
states where the person resided during the five years before
moving to Minnesota, and of the national criminal records
repository including the criminal justice data communications
network. The applicant's failure to cooperate with the
commissioner in conducting the records check is reasonable cause
to deny an application or cancel a school bus endorsement. The
commissioner may not release the results of the records check to
any person except the applicant.
(b) The commissioner may issue to an otherwise qualified
applicant a temporary school bus endorsement, effective for no
more than 120 180 days, upon presentation of (1) an affidavit by
the applicant that the applicant has not been convicted of a
disqualifying offense and (2) a criminal history check from each
state of residence for the previous five years. The criminal
history check may be conducted and prepared by any public or
private source acceptable to the commissioner. The commissioner
may reissue the temporary endorsement if the National Criminal
Records Repository check is timely submitted but not completed
within the 180-day period.
Sec. 32. Minnesota Statutes 1996, section 171.3215,
subdivision 4, is amended to read:
Subd. 4. [WAIVER OF PERMANENT CANCELLATION.] The
commissioner of public safety or the commissioner's designee, in
consultation with the school bus safety advisory committee
division of driver and vehicle services, may waive the permanent
cancellation requirement of section 171.3215 for a person
convicted of a nonfelony violation of chapter 152 or a felony
that is not a violent crime under section 609.152.
Sec. 33. [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 years designated.
Subd. 2. [LEARNING READINESS; HEAD START PROGRAMS;
ECFE.] For learning readiness programs; Head Start programs; and
early childhood family education programs:
$2,500,000 ..... 1998
$2,500,000 ..... 1999
Of this amount, one-third shall be allocated to each
program. This appropriation shall be proportionally reduced if
the revenue in any year under Minnesota Statutes 1996, section
121.175, is less than the appropriation. The commissioner may
also use part of the appropriation to reimburse districts that
can demonstrate it incurred excess costs in implementing
Minnesota Statutes 1996, section 121.175.
Sec. 34. [REPEALER.]
Minnesota Statutes 1996, sections 169.4502, subdivision 6;
169.4503, subdivisions 3, 8, 9, 11, 12, and 22; and 169.454,
subdivision 11, are repealed.
Sec. 35. [EFFECTIVE DATE.]
If this act is enacted on or after July 1, 1997, sections 1
to 34 are effective the day following final enactment.
ARTICLE 13
TAX DEDUCTION AND CREDIT
Section 1. Minnesota Statutes 1996, section 290.01,
subdivision 19b, is amended to read:
Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For
individuals, estates, and trusts, there shall be subtracted from
federal taxable income:
(1) interest income on obligations of any authority,
commission, or instrumentality of the United States to the
extent includable in taxable income for federal income tax
purposes but exempt from state income tax under the laws of the
United States;
(2) if included in federal taxable income, the amount of
any overpayment of income tax to Minnesota or to any other
state, for any previous taxable year, whether the amount is
received as a refund or as a credit to another taxable year's
income tax liability;
(3) the amount paid to others, less the credit allowed
under section 290.0674, not to exceed $650 $1,625 for each
dependent in grades kindergarten to 6 and $1,000 $2,500 for each
dependent in grades 7 to 12, for tuition, textbooks, and
transportation of each dependent in attending an elementary or
secondary school situated in Minnesota, North Dakota, South
Dakota, Iowa, or Wisconsin, wherein a resident of this state may
legally fulfill the state's compulsory attendance laws, which is
not operated for profit, and which adheres to the provisions of
the Civil Rights Act of 1964 and chapter 363. For the purposes
of this clause, "tuition" includes fees or tuition as defined in
section 290.0674, subdivision 1, clause (1). As used in this
clause, "textbooks" includes books and other instructional
materials and equipment used in elementary and secondary schools
in teaching only those subjects legally and commonly taught in
public elementary and secondary schools in this
state. Equipment expenses qualifying for deduction includes
expenses as defined and limited in section 290.0674, subdivision
1, clause (3). "Textbooks" does not include instructional books
and materials used in the teaching of religious tenets,
doctrines, or worship, the purpose of which is to instill such
tenets, doctrines, or worship, nor does it include books or
materials for, or transportation to, extracurricular activities
including sporting events, musical or dramatic events, speech
activities, driver's education, or similar programs. In order
to qualify for the subtraction under this clause the taxpayer
must elect to itemize deductions under section 63(e) of the
Internal Revenue Code;
(4) to the extent included in federal taxable income,
distributions from a qualified governmental pension plan, an
individual retirement account, simplified employee pension, or
qualified plan covering a self-employed person that represent a
return of contributions that were included in Minnesota gross
income in the taxable year for which the contributions were made
but were deducted or were not included in the computation of
federal adjusted gross income. The distribution shall be
allocated first to return of contributions until the
contributions included in Minnesota gross income have been
exhausted. This subtraction applies only to contributions made
in a taxable year prior to 1985;
(5) income as provided under section 290.0802;
(6) the amount of unrecovered accelerated cost recovery
system deductions allowed under subdivision 19g;
(7) to the extent included in federal adjusted gross
income, income realized on disposition of property exempt from
tax under section 290.491;
(8) to the extent not deducted in determining federal
taxable income, the amount paid for health insurance of
self-employed individuals as determined under section 162(l) of
the Internal Revenue Code, except that the 25 percent limit does
not apply. If the taxpayer deducted insurance payments under
section 213 of the Internal Revenue Code of 1986, the
subtraction under this clause must be reduced by the lesser of:
(i) the total itemized deductions allowed under section
63(d) of the Internal Revenue Code, less state, local, and
foreign income taxes deductible under section 164 of the
Internal Revenue Code and the standard deduction under section
63(c) of the Internal Revenue Code; or
(ii) the lesser of (A) the amount of insurance qualifying
as "medical care" under section 213(d) of the Internal Revenue
Code to the extent not deducted under section 162(1) of the
Internal Revenue Code or excluded from income or (B) the total
amount deductible for medical care under section 213(a); and
(9) the exemption amount allowed under Laws 1995, chapter
255, article 3, section 2, subdivision 3.
Sec. 2. Minnesota Statutes 1996, section 290.0671,
subdivision 1, is amended to read:
Subdivision 1. [CREDIT ALLOWED.] An individual is allowed
a credit against the tax imposed by this chapter equal to 15
percent a percentage of the credit for which the individual is
eligible under section 32 of the Internal Revenue Code. The
percentage is 15 for individuals without a qualifying child, and
25 for individuals with at least one qualifying child. For
purposes of this section, "qualifying child" has the meaning
given in section 32(c)(3) of the Internal Revenue Code.
For a nonresident or part-year resident, the credit
determined under section 32 of the Internal Revenue Code must be
allocated based on the percentage calculated under section
290.06, subdivision 2c, paragraph (e).
For a person who was a resident for the entire tax year and
has earned income not subject to tax under this chapter, the
credit must be allocated based on the ratio of federal adjusted
gross income reduced by the earned income not subject to tax
under this chapter over federal adjusted gross income.
Sec. 3. [290.0674] [MINNESOTA EDUCATION CREDIT.]
Subdivision 1. [CREDIT ALLOWED.] An individual is allowed
a credit against the tax imposed by this chapter in an amount
equal to the amount paid for education-related expenses for a
dependent in kindergarten through grade 12. For purposes of
this section, "education-related expenses" means:
(1) fees or tuition for instruction by an instructor under
section 120.101, subdivision 7, clause (1), (2), (3), (4), or
(5), for instruction outside the regular school day or school
year, including tutoring, driver's education taken as part of
school curriculum, or summer camps, in grade or age appropriate
curricula that supplement curricula and instruction available
during the regular school year, that assists a dependent to
improve knowledge of core curriculum areas or to expand
knowledge and skills under the graduation rule under section
121.11, subdivision 7c, and that do not include the teaching of
religious tenets, doctrines, or worship, the purpose of which is
to instill such tenets, doctrines, or worship;
(2) expenses for textbooks, including books and other
instructional materials and equipment used in elementary and
secondary schools in teaching only those subjects legally and
commonly taught in public elementary and secondary schools in
this state. "Textbooks" does not include instructional books
and materials used in the teaching of religious tenets,
doctrines, or worship, the purpose of which is to instill such
tenets, doctrines, or worship, nor does it include books or
materials for extracurricular activities including sporting
events, musical or dramatic events, speech activities, driver's
education, or similar programs;
(3) a maximum expense of $200 per family for personal
computer hardware, excluding single purpose processors, and
educational software that assists a dependent to improve
knowledge of core curriculum areas or to expand knowledge and
skills under the graduation rule under section 121.11,
subdivision 7c, purchased for use in the taxpayer's home and not
used in a trade or business regardless of whether the computer
is required by the dependent's school; and
(4) the amount paid to others for transportation of a
dependent attending an elementary or secondary school situated
in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin,
wherein a resident of this state may legally fulfill the state's
compulsory attendance laws, which is not operated for profit,
and which adheres to the provisions of the Civil Rights Act of
1964 and chapter 363.
Subd. 2. [LIMITATIONS.] (a) For claimants with income not
greater than $33,500, the maximum credit allowed is $1,000 per
child and $2,000 per family. No credit is allowed for
education-related expenses for claimants with income greater
than $33,500. For purposes of this section "income" has the
meaning given in section 290.067, subdivision 2a. In the case
of a married claimant, a credit is not allowed unless a joint
income tax return is filed.
(b) For a nonresident or part-year resident, the credit
determined under subdivision 1 and the maximum credit amount in
paragraph (a) must be allocated using the percentage calculated
in section 290.06, subdivision 2c, paragraph (e).
Subd. 3. [REDUCTION BY ALTERNATIVE MINIMUM TAX LIABILITY.]
The amount of the credit allowed must be reduced by the amount
of the taxpayer's liability under section 290.091, determined
before the credit allowed by this section is subtracted from
regular tax liability.
Subd. 4. [CREDIT TO BE REFUNDABLE.] If the amount of
credit that the claimant is eligible to receive under this
section exceeds the claimant's tax liability under this chapter,
the commissioner shall refund the excess to the claimant.
Subd. 5. [APPROPRIATION.] An amount sufficient to pay the
refunds required by this section is appropriated to the
commissioner from the general fund.
Sec. 4. [SEVERABILITY CLAUSE.]
If a court of competent jurisdiction enjoins the
implementing of any provision in this article or finds any
provision in this article unconstitutional, the remaining
sections in this article and the remaining articles in this act
shall remain valid and shall be given full effect.
Sec. 5. [EFFECTIVE DATE.]
Subdivision 1. [CONTINGENCY.] This article is effective
for tax years beginning after December 31, 1997, if on the basis
of the November 1997 forecast of general fund revenues and
expenditures, the commissioner of finance determines that there
will be a positive unrestricted budgetary general fund balance
at the close of the biennium after taking into account the costs
of sections 1 to 3 and after meeting the requirements of
Minnesota Statutes, section 16A.152, subdivision 2, clause (a).
Subd. 2. [SUSPENSION.] Minnesota Statutes, section
16A.152, subdivision 2, clauses (b) and (c), are not to be
implemented for the forecast of general fund revenues and
expenditures in November 1997 until sections 1 to 3 are
implemented. However, if the November 1997 forecast does not
provide an unrestricted general fund balance adequate to
implement sections 1 to 3, the provisions of Minnesota Statutes,
section 16A.152, subdivision 2, clauses (b) and (c), are
effective.
Presented to the governor June 27, 1997
Signed by the governor June 30, 1997, 1:33 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes