Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 397-S.F.No. 2082
An act relating to education; recodifying and making
technical amendments to kindergarten through grade 12
education statutes; amending Minnesota Statutes 1996,
sections 120.02, subdivisions 1, 13, 14, 15, and 18;
120.06, subdivisions 1 and 2a; 120.062, subdivisions
4, 5, and 8a; 120.0621, as amended; 120.064,
subdivisions 4, 4a, 5, 7, 9, 11, 12, 13, 14, 15, 17,
19, 20, 21, 22, and 24; 120.075, subdivisions 1, 2,
3a, and 4; 120.0751, subdivisions 1, 2, 3, 4, and 5;
120.0752, subdivisions 1, 2, and 3; 120.08; 120.101,
subdivisions 5a, 7, 8, 9, and 10; 120.102,
subdivisions 1, 3, and 4; 120.103, subdivisions 3, 4,
5, and 6; 120.11; 120.14; 120.17, subdivisions 1, 1b,
2, 3, 3a, 3b, 3d, 4, 4a, 5, 5a, 6, 7, 7a, 8a, 9, 10,
16, 18, and 19; 120.1701, subdivisions 2, 4, 5, 6, 7,
8, 8a, 9, 10, 11, 12, 15, 17, 19, 20, 21, and 22;
120.172, subdivision 2; 120.173, subdivisions 1, 3, 4,
and 6; 120.1811; 120.182; 120.183; 120.185; 120.188;
120.189; 120.190; 120.59; 120.60; 120.61; 120.62;
120.63; 120.64; 120.66; 120.73, subdivisions 1, 2a,
2b, 3, and 4; 120.74; 120.75; 120.76; 120.80; 121.11,
subdivision 7; 121.1115, subdivisions 1 and 2;
121.155; 121.201; 121.203, subdivision 1; 121.207,
subdivisions 2 and 3; 121.585, subdivisions 2, 6, and
7; 121.615, subdivision 11; 121.704; 121.705,
subdivision 2; 121.706; 121.707, subdivisions 3, 4, 5,
6, and 7; 121.708; 121.710, subdivisions 2 and 3;
121.831, subdivisions 6, 7, 8, 9, 10, 11, and 12;
121.835, subdivisions 4, 5, 7, and 8; 121.8355,
subdivisions 2, 3, 5, and 6; 121.88, subdivisions 2,
3, 4, 6, 7, and 9; 121.882, subdivisions 1, 2b, 3, 7,
7a, 8, and 9; 121.885, subdivisions 1 and 4; 121.904,
subdivisions 1, 2, 3, 4c, and 13; 121.906; 121.908;
121.911; 121.912, subdivisions 1a, 1b, 2, 3, 5, and 6;
121.9121, subdivisions 2 and 4; 121.914, subdivisions
2, 3, 4, 5, 6, 7, and 8; 121.917; 122.01; 122.02;
122.03; 122.21; 122.22, subdivisions 1, 4, 5, 6, 7a,
9, 13, 14, 18, 20, and 21; 122.23, subdivisions 2, 2b,
3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 16c, 18, 18a,
and 20; 122.241; 122.242, subdivisions 1, 3, 8, and 9;
122.243; 122.245, subdivision 2; 122.246; 122.247,
subdivisions 2 and 2a; 122.248; 122.25, subdivisions 2
and 3; 122.32; 122.34; 122.355; 122.41; 122.43;
122.44; 122.45, subdivisions 2 and 3a; 122.46; 122.47;
122.48; 122.531, subdivisions 2c, 5a, and 9; 122.5311,
subdivision 1; 122.532, subdivisions 2, 3a, and 4;
122.535, subdivisions 2, 3, 4, 5, and 6; 122.541,
subdivisions 1, 2, 4, 5, 6, and 7; 122.895; 122.91,
subdivisions 2, 2a, 3a, 4, and 6; 122.93, subdivisions
3 and 8; 122.95, subdivisions 1, 1a, 2, and 4; 123.11,
subdivisions 1, 2, 3, 4, and 7; 123.12; 123.13;
123.15; 123.33, subdivisions 1, 2, 2a, 3, 4, 6, 7, 11,
and 11a; 123.335; 123.34, subdivisions 1, 2, 7, 8, 9,
9a, and 10; 123.35, subdivisions 1, 2, 4, 5, 8a, 9b,
12, 13, 15, 19a, 19b, 20, and 21; 123.351,
subdivisions 1, 3, 4, 5, 8, and 8a; 123.3513;
123.3514, subdivisions 3, 4b, 4d, 5, 6, 6b, 7a, and
7b; 123.36, subdivisions 1, 5, 10, 11, 13, and 14;
123.37, subdivisions 1, 1a, and 1b; 123.38,
subdivisions 1, 2, 2a, 2b, and 3; 123.39, subdivisions
1, 2, 8, 8a, 8b, 8c, 8d, 8e, 9a, 11, 12, 13, 14, 15,
and 16; 123.40, subdivisions 1, 2, and 8; 123.41;
123.582, subdivision 2; 123.63; 123.64; 123.66;
123.681; 123.70, subdivisions 2, 4, and 8; 123.702,
subdivisions 1, 1b, 2, 3, 4, 4a, 5, 6, and 7; 123.704;
123.7045; 123.71; 123.72; 123.75, subdivisions 2, 3,
and 5; 123.751, subdivisions 1, 2, and 3; 123.76;
123.78, subdivisions 1a and 2; 123.79, subdivision 1;
123.799, as amended; 123.7991, subdivision 3; 123.801;
123.805; 123.932, subdivision 1b; 123.933; 123.935,
subdivisions 1, 2, 4, 5, and 6; 123.936; 123.9361;
123.9362; 123.947; 124.06; 124.07, subdivision 2;
124.078; 124.08; 124.09; 124.10, subdivisions 1 and 2;
124.12; 124.14, subdivisions 2, 3, 3a, 4, 6, 7, and 8;
124.15, subdivisions 2, 2a, 3, 4, 5, 6, and 8; 124.17,
subdivisions 1f, 2, 2a, 2b, and by adding
subdivisions; 124.175; 124.19, subdivision 5; 124.195,
subdivisions 1, 3, 3a, 3b, 4, 5, 6, and 14; 124.196;
124.2131, subdivisions 1, 2, 3a, 5, 6, 7, 8, 9, and
11; 124.214; 124.225, subdivisions 7f, 8l, 8m, and 9;
124.227; 124.239, subdivision 3; 124.242; 124.248,
subdivisions 1 and 1a; 124.255; 124.26, subdivision
1c; 124.2601, subdivision 7; 124.2605; 124.2615,
subdivision 4; 124.2711, as amended; 124.2713,
subdivision 7; 124.2715, subdivision 3; 124.2716,
subdivisions 1 and 2; 124.2725, subdivision 15;
124.2726, subdivisions 1, 2, and 4; 124.2727,
subdivisions 6a, as added, 6c, as added, and 9;
124.273, subdivisions 3, 4, 6, and 7; 124.276,
subdivisions 1 and 3; 124.278, subdivision 3; 124.311,
subdivision 1; 124.32; 124.3201, subdivisions 5, 6,
and 7; 124.322, subdivision 1; 124.35; 124.37; 124.38,
subdivisions 1, 4a, and 7; 124.381; 124.39; 124.40;
124.41, subdivision 3; 124.42, as amended; 124.431,
subdivisions 4, 5, 6, 10, 12, 13, and 14; 124.44;
124.46, as amended; 124.48, as amended; 124.492;
124.493, subdivision 1; 124.494, subdivisions 1, 2,
2a, 3, 5, and 7; 124.4945; 124.511; 124.573,
subdivisions 2, 2b, 2e, 2f, 3, 3a, and 5a; 124.625;
124.63; 124.646; 124.6462; 124.6469, subdivision 3;
124.647; 124.6471; 124.6472; 124.648, as amended;
124.71, subdivision 1; 124.72; 124.73; 124.74; 124.75;
124.755, subdivisions 2, 3, 4, 5, 6, 7, 8, and 9;
124.82, subdivisions 1 and 3; 124.83, subdivision 8;
124.84, subdivisions 1 and 2; 124.85, subdivisions 2,
2a, 2b, 2c, 5, 6, and 7; 124.86, subdivisions 1, 3,
and 4; 124.90; 124.91, subdivisions 4 and 6; 124.912,
subdivisions 7 and 9; 124.914; 124.916, as amended;
124.918, subdivisions 2, 3, and 7; 124.95, subdivision
1; 124.97; 124A.02, subdivisions 1, 3a, 20, 21, 22,
23, and 24; 124A.029, subdivisions 1, 3, and 4;
124A.03, subdivisions 2, 2a, and 3c; 124A.0311,
subdivisions 2, 3, and 4; 124A.032; 124A.034;
124A.035; 124A.036, as amended; 124A.04, as amended;
124A.22, subdivisions 2a, 5, 8, 12, and 14, as added;
124A.225, subdivisions 4 and 5; 124A.29; 124A.30;
124C.07; 124C.08, subdivisions 2 and 3; 124C.09;
124C.12, subdivision 2; 124C.41, subdivision 4;
124C.45, subdivision 1; 124C.49; 124C.498, as amended;
124C.60, subdivision 2; 124C.72, subdivision 2;
124C.73, subdivision 3; 125.03, subdivisions 1 and 6;
125.04; 125.05, subdivisions 1, 1a, 6, and 8; 125.06;
125.09; 125.11; 125.12, subdivisions 1a, 2, 2a, 3, 3b,
4, 6, 6a, 6b, 7, 8, 9, 9a, 10, 11, and 13; 125.121,
subdivisions 1 and 2; 125.135; 125.138, subdivisions
1, 3, 4, and 5; 125.16; 125.17, subdivisions 2b, 3,
3b, 4, 5, 6, 7, 8, 9, 10, 10a, 11, and 12; 125.18;
125.181; 125.183, subdivisions 1, 4, and 5; 125.184;
125.185, subdivisions 1, 2, 4, 5, and 7; 125.187;
125.188, subdivisions 1, 3, and 5; 125.1885,
subdivision 5; 125.189; 125.1895, subdivision 4;
125.211, subdivision 2; 125.230, subdivisions 4, 6,
and 7; 125.231, subdivision 3; 125.53; 125.54; 125.60,
subdivisions 2, 3, 4, 6a, and 8; 125.611, subdivisions
1 and 13; 125.62, subdivisions 2, 3, and 7; 125.623,
subdivision 3; 125.702; 125.703; 125.704, subdivision
1; 125.705, subdivisions 1, 3, 4, and 5; 125.80;
126.05; 126.12; 126.13; 126.14; 126.15, subdivisions 2
and 3; 126.1995; 126.21, subdivisions 3 and 5; 126.22,
subdivisions 5 and 6; 126.235; 126.239, subdivision 1;
126.262, subdivisions 3 and 6; 126.264; 126.265;
126.266, subdivision 1; 126.267; 126.36, subdivisions
1, 5, and 7; 126.43, subdivisions 1 and 2; 126.48,
subdivisions 1, 2, 3, 4, and 5; 126.49, subdivisions
1, 5, 6, and 8; 126.50; 126.501; 126.51, subdivisions
1a and 2; 126.52, subdivisions 5 and 8; 126.531,
subdivision 1; 126.54, subdivisions 1, 2, 3, 4, 5, and
6; 126.56, subdivision 6; 126.69, subdivision 1;
126.70, subdivisions 1 and 2a; 126.72, subdivisions 3
and 6; 126.78, subdivision 4; 126.84, subdivisions 1,
3, 4, and 5; 126A.01; 126B.01, subdivisions 2 and 4;
126B.10; 127.02; 127.03; 127.04; 127.17, subdivisions
1, 3, and 4; 127.19; 127.20; 127.40, subdivision 4;
127.41; 127.411; 127.412; 127.413; 127.42; 127.44;
127.45, subdivision 2; 127.455; 127.46; 127.47,
subdivision 2; 127.48; 129C.10, subdivisions 3a, 3b,
4, and 6; and 129C.15; Minnesota Statutes 1997
Supplement, sections 120.05; 120.062, subdivisions 3,
6, and 7; 120.064, subdivisions 8, 10, 14a, and 20a;
120.101, subdivisions 5 and 5c; 120.1015; 120.1701,
subdivision 3; 120.181; 121.1113, subdivision 1;
121.615, subdivisions 2, 3, 9, and 10; 121.831,
subdivision 3; 121.88, subdivision 10; 121.882,
subdivision 2; 121.904, subdivision 4a; 121.912,
subdivision 1; 123.35, subdivision 8; 123.3514,
subdivisions 4, 4a, 4e, 6c, and 8; 123.7991,
subdivision 2; 124.155, subdivisions 1 and 2; 124.17,
subdivisions 1 and 4; 124.195, subdivisions 2, 7, and
10; 124.2445; 124.2455; 124.248, subdivisions 3 and 4;
124.26, subdivision 2; 124.2601, subdivision 6;
124.2615, subdivision 2; 124.2713, subdivision 8;
124.321, subdivisions 1 and 2; 124.322, subdivision
1a; 124.323, subdivision 1; 124.41, subdivision 2;
124.431, subdivisions 2 and 11; 124.45, subdivision 2;
124.481; 124.574, subdivision 9; 124.83, subdivision
1; 124.86, subdivision 2; 124.91, subdivision 5;
124.912, subdivisions 1 and 6; 124.918, subdivisions
1, 6, and 8; 124A.22, subdivisions 2, as added, 6, 11,
13, and 13b, as added; 124A.23, subdivisions 1, 2, and
3; 124A.28, subdivision 3; 124C.45, subdivision 1a;
125.05, subdivision 1c; 125.12, subdivision 14;
126.22, subdivisions 2, 3a, and 8; 126.23, subdivision
1; 126.51, subdivision 1; 126.531, subdivision 3;
126.72, subdivision 2; 126.77, subdivision 1; and
129C.10, subdivision 3; proposing coding for new law
as Minnesota Statutes, chapters 120B; and 120C;
repealing Minnesota Statutes 1996, sections 16B.43;
120.71; 120.72; 120.90; 122.52; 122.532, subdivision
1; 122.541, subdivision 3; 123.35, subdivision 10;
123.42; 124.01; 124.19, subdivision 4; 124.2725,
subdivisions 1, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14,
and 16; 124.312, as amended; 124.38, subdivision 9;
124.472; 124.473; 124.474; 124.476; 124.477; 124.478;
124.479; 124.71, subdivision 2; 124A.02, subdivisions
15 and 16; 124A.029, subdivision 2; 124A.03,
subdivision 3b; 124A.22, subdivision 13f; 124A.225,
subdivision 6; 124A.31; 124C.55; 124C.56; 124C.57;
124C.58; 125.10; 126.84, subdivision 6; 127.01;
127.08; 127.09; 127.10; 127.11; 127.12; 127.13;
127.15; 127.16; 127.17, subdivision 2; 127.21; and
127.23; Minnesota Statutes 1997 Supplement, sections
124.2725, subdivision 11; 124.313; 124.314; and
124A.26.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHAPTER 120A
ENROLLMENT; ATTENDANCE; FEES
Section 1. Minnesota Statutes 1996, section 120.02,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of this chapter
the words, phrases and terms defined in this section shall have
the meanings respectively ascribed to given them.
Sec. 2. Minnesota Statutes 1996, section 120.02,
subdivision 13, is amended to read:
Subd. 13. [COMMON DISTRICT.] A "Common district" is
means any school district validly created and existing as a
common school district or joint common school district as of
July 1, 1957, or pursuant to the terms of the education code.
Sec. 3. Minnesota Statutes 1996, section 120.02,
subdivision 14, is amended to read:
Subd. 14. [INDEPENDENT DISTRICT.] An "Independent district
" is means any school district validly created and existing as
an independent, consolidated, joint independent, county or a ten
or more township district as of July 1, 1957, or pursuant to the
education code.
Sec. 4. Minnesota Statutes 1996, section 120.02,
subdivision 15, is amended to read:
Subd. 15. [SPECIAL DISTRICT.] A "Special district" is
means a district established by a charter granted by the
legislature or by a home rule charter including any
district which is designated a special independent school
district by the legislature.
Sec. 5. Minnesota Statutes 1996, section 120.02,
subdivision 18, is amended to read:
Subd. 18. [SCHOOL DISTRICT TAX.] "School district tax" is
means the tax levied and collected to provide the amount of
money voted or levied by the district or the board for school
purposes.
Sec. 6. Minnesota Statutes 1997 Supplement, section
120.05, is amended to read:
120.05 [PUBLIC SCHOOLS.]
Subd. 2. [DEFINITIONS ELEMENTARY SCHOOL.] (1) "Elementary
school" means any school with building, equipment, courses of
study, class schedules, enrollment of pupils ordinarily in
prekindergarten through grade 6 or any portion thereof, and
staff meeting the standards established by the state board of
education.
The state board of education shall not close a school or
deny any state aids to a district for its elementary schools
because of enrollment limitations classified in accordance with
the provisions of clause (1).
(2) Subd. 3. [MIDDLE SCHOOL.] "Middle school" means any
school other than a secondary school giving an approved course
of study in a minimum of three consecutive grades above 4th but
below 10th with building, equipment, courses of study, class
schedules, enrollment, and staff meeting the standards
established by the state board of education.
(3) Subd. 4. [SECONDARY SCHOOL.] "Secondary school" means
any school with building, equipment, courses of study, class
schedules, enrollment of pupils ordinarily in grades 7 through
12 or any portion thereof, and staff meeting the standards
established by the state board of education.
(4) Subd. 5. [VOCATIONAL CENTER SCHOOL.] A "Vocational
center school" is one means any school serving a group of
secondary schools with approved areas of secondary vocational
training and offering vocational secondary and adult programs
necessary to meet local needs and meeting standards established
by the state board of education.
Sec. 7. Minnesota Statutes 1996, section 120.06,
subdivision 1, is amended to read:
Subdivision 1. [AGE LIMITATIONS; PUPILS.] All schools
supported in whole or in part by state funds are public schools.
Admission to a public school is free to any person who resides
within the district which that operates the school, who is under
21 years of age, and who satisfies the minimum age requirements
imposed by this section. Notwithstanding the provisions of any
law to the contrary, the conduct of all students under 21 years
of age attending a public secondary school shall be is governed
by a single set of reasonable rules and regulations promulgated
by the school board. No person shall be admitted to any public
school (1) as a kindergarten pupil, unless the pupil is at least
five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences;
or (2) as a 1st grade student, unless the pupil is at least six
years of age on September 1 of the calendar year in which the
school year for which the pupil seeks admission commences or has
completed kindergarten; except that any school board may
establish a policy for admission of selected pupils at an
earlier age.
Sec. 8. Minnesota Statutes 1996, section 120.06,
subdivision 2a, is amended to read:
Subd. 2a. [EDUCATION OF HOMELESS.] Notwithstanding
subdivision 1, a school district must not deny free admission to
a homeless person of school age solely because the school
district cannot determine that the person is a resident of
the school district.
Sec. 9. Minnesota Statutes 1997 Supplement, section
120.062, subdivision 3, is amended to read:
Subd. 3. [LIMITED ENROLLMENT OF NONRESIDENT PUPILS.] (a) A
school board may, by resolution, limit the enrollment of
nonresident pupils 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. 10. Minnesota Statutes 1996, section 120.062,
subdivision 4, is amended to read:
Subd. 4. [PUPIL APPLICATION PROCEDURES.] In order that a
pupil may attend a school or program in a nonresident district,
the pupil's parent or guardian must submit an application to the
nonresident district. Before submitting an application, the
pupil and the pupil's parent or guardian must explore with a
school guidance counselor, or other appropriate staff member
employed by the district the pupil is currently attending, the
pupil's academic or other reason for applying to enroll in a
nonresident district. The pupil's application must identify the
reason for enrolling in the nonresident district. The parent or
guardian of a pupil must submit an application by January 15 for
initial enrollment beginning the following school year. The
application shall must be on a form provided by the department
of children, families, and learning. A particular school or
program may be requested by the parent. Once enrolled in a
nonresident district, the pupil may remain enrolled and is not
required to submit annual or periodic applications. To return
to the resident district or to transfer to a different
nonresident district, the parent or guardian of the pupil must
provide notice to the resident district or apply to a different
nonresident district by January 15 for enrollment beginning the
following school year.
Sec. 11. Minnesota Statutes 1996, section 120.062,
subdivision 5, is amended to read:
Subd. 5. [DESEGREGATION DISTRICT TRANSFERS.] (a) This
subdivision applies to a transfer into or out of a district that
has a desegregation plan approved by the commissioner of
children, families, and learning.
(b) An application to transfer may be submitted at any time
for enrollment beginning at any time.
(c) The parent or guardian of a pupil who is a resident of
a district that has a desegregation plan must submit an
application to the resident district. If the district accepts
the application, it must forward the application to the
nonresident district.
(d) The parent or guardian of a pupil who applies for
enrollment in a nonresident district that has a desegregation
plan must submit an application to the nonresident district.
(e) Each district must accept or reject an application it
receives and notify the parent or guardian in writing within 30
calendar days of receiving the application. A notification of
acceptance must include the date enrollment can begin.
(f) If an application is rejected, the district must state
the reason for rejection in the notification. If a district
that has a desegregation plan rejects an application for a
reason related to the desegregation plan, the district must
state with specificity how acceptance of the application would
result in noncompliance with state board rules with respect to
the school or program for which application was made.
(g) If an application is accepted, the parent or guardian
must notify the nonresident district in writing within 15
calendar days of receiving the acceptance whether the pupil
intends to enroll in the nonresident district. Notice of
intention to enroll obligates the pupil to enroll in the
nonresident district, unless the school boards of the resident
and nonresident districts agree otherwise. If a parent or
guardian does not notify the nonresident district, the pupil may
not enroll in that nonresident district at that time, unless the
school boards of the resident and nonresident district agree
otherwise.
(h) Within 15 calendar days of receiving the notice from
the parent or guardian, the nonresident district shall notify
the resident district in writing of the pupil's intention to
enroll in the nonresident district.
(i) A pupil enrolled in a nonresident district under this
subdivision is not required to make annual or periodic
application for enrollment but may remain enrolled in the same
district. A pupil may transfer to the resident district at any
time.
(j) A pupil enrolled in a nonresident district and applying
to transfer into or out of a district that has a desegregation
plan must follow the procedures of this subdivision. For the
purposes of this type of transfer, "resident district" means the
nonresident district in which the pupil is enrolled at the time
of application.
(k) A district that has a desegregation plan approved by
the state board of education must accept or reject each
individual application in a manner that will enable compliance
with its desegregation plan.
Sec. 12. Minnesota Statutes 1997 Supplement, section
120.062, subdivision 6, is amended to read:
Subd. 6. [NONRESIDENT DISTRICT PROCEDURES.] A district
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 must 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 must 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. 13. Minnesota Statutes 1997 Supplement, 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, 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, previous disciplinary
proceedings, or the student's district of residence.
Sec. 14. Minnesota Statutes 1996, section 120.062,
subdivision 8a, is amended to read:
Subd. 8a. [EXCEPTIONS TO DEADLINES.] Notwithstanding
subdivision 4, the following pupil application procedures apply:
(a) Upon agreement of the resident and nonresident school
districts, a pupil may submit an application to a nonresident
district after January 15 for enrollment beginning the following
school year.
(b) If, as a result of entering into, modifying, or
terminating an agreement between school boards, a pupil is
assigned after December 1 to a different school for enrollment
beginning at any time, the pupil, the pupil's siblings, or any
other pupil residing in the pupil's residence may submit an
application to a nonresident district at any time before July 1
for enrollment beginning the following school year.
(c) A pupil who becomes a resident of a school district
after December 1 may submit an application to a nonresident
district on January 15 or any time after that date for
enrollment beginning any time before the following December 1.
(d) If the commissioner of children, families, and learning
and the commissioner of human rights determine that the
policies, procedures, or practices of a school district are in
violation of Title VI of the Civil Rights Act of 1964 (Public
Law Number 88-352) or chapter 363, any pupil in the district may
submit an application to a nonresident district at any time for
enrollment beginning at any time.
For exceptions under this subdivision, the applicant, the
applicant's parent or guardian, the district of residence, and
the district of attendance must observe, in a prompt and
efficient manner, the application and notice procedures in
subdivisions 4 and 6, except that the application and notice
deadlines do not apply.
Sec. 15. Minnesota Statutes 1996, section 120.0621, as
amended by Laws 1997, First Special Session chapter 4, article
4, sections 1, 2, and 3, is amended to read:
120.0621 [ENROLLMENT OPTIONS PROGRAMS IN BORDER STATES.]
Subdivision 1. [OPTIONS FOR ENROLLMENT IN ADJOINING
STATES.] Minnesota pupils and pupils residing in adjoining
states may enroll in school districts in the other state
according to:
(1) section 120.08, subdivision 2; or
(2) this section.
Subd. 2. [PUPILS IN MINNESOTA.] A Minnesota resident pupil
may enroll in a school district in an adjoining state if the
district to be attended borders Minnesota.
Subd. 3. [PUPILS IN BORDERING STATES.] A non-Minnesota
pupil who resides in an adjoining state in a school district
that borders Minnesota may enroll in a Minnesota school district
if either the school board of the district in which the pupil
resides or state in which the pupil resides pays tuition to the
school district in which the pupil is enrolled.
Subd. 3a. [CANADIAN PUPILS.] A pupil who resides in Canada
may enroll in a Minnesota school district if the province in
which the pupil resides pays tuition to the school district in
which the pupil is enrolled. A pupil may enroll either full
time or part time for all instructional programs and shall be
considered eligible for all other purposes for all other
programs offered by the district. The tuition must be an amount
that is at least comparable to the tuition specified in section
120.08, subdivision 1. A school district may accept funds from
any international agency for these programs.
Subd. 4. [PROCEDURAL REQUIREMENTS.] Except as otherwise
provided in this section, the rights and duties set forth in
section 120.062 apply to Minnesota pupils, parents, and school
districts if a pupil enrolls in a nonresident district according
to this section.
Subd. 5a. [TUITION PAYMENTS.] In each odd-numbered year,
before March 1, the commissioner shall must 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 commissioner shall
must 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.
Subd. 5b. [TRANSPORTATION OF STUDENTS.] (a) The agreement
under subdivision 5a with each state must specify that the
attending district in each state transport a pupil from the
district boundary to the school of attendance.
(b) Notwithstanding paragraph (a), the districts of
residence and attendance may agree that either district may
provide transportation from a pupil's home or agreed upon
location to school. Transportation aid for Minnesota students
eligible for aid shall must be paid only for transportation
within the resident district.
Subd. 6. [EFFECTIVE IF RECIPROCAL.] This section is
effective with respect to South Dakota upon enactment of
provisions by South Dakota that 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.
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. 16. Minnesota Statutes 1996, section 120.075,
subdivision 1, is amended to read:
Subdivision 1. [PREVIOUS ENROLLMENT.] Any pupil who,
pursuant to the provisions of Minnesota Statutes 1976, section
120.065, or Minnesota Statutes, 1977 Supplement, section 123.39,
subdivision 5a, was enrolled on either January 1, 1978, or April
5, 1978, in a school district of which the pupil was not a
resident may continue in enrollment in that district.
Sec. 17. Minnesota Statutes 1996, section 120.075,
subdivision 2, is amended to read:
Subd. 2. [UNDER SCHOOL AGE.] Any child who was under
school age on either January 1, 1978, or April 5, 1978, but who
otherwise would have qualified pursuant to the provisions of
Minnesota Statutes 1976, section 120.065, or Minnesota Statutes,
1977 Supplement, section 123.39, subdivision 5a, for enrollment
in a school district of which the child was not a resident may
enroll in that district.
Sec. 18. Minnesota Statutes 1996, section 120.075,
subdivision 3a, is amended to read:
Subd. 3a. [ADOPTED CHILD.] Any child who was born on or
before January 1, 1978 but who was adopted after January 1, 1978
and whose adoptive parent on January 1, 1978 owned property
residence upon which would have qualified the child for
enrollment pursuant to Minnesota Statutes 1976, section 120.065,
in a school district of which the child was not a resident may
enroll in that district. Any child who was born on or before
January 1, 1978 but who was adopted after January 1, 1978 and
whose adoptive parent on January 1, 1978 owned or was a tenant
upon property so as to qualify a child for enrollment pursuant
to Minnesota Statutes, 1977 Supplement, section 123.39,
subdivision 5a, in a school district of which the child was not
a resident may enroll in that district.
Sec. 19. Minnesota Statutes 1996, section 120.075,
subdivision 4, is amended to read:
Subd. 4. [SIBLING OF QUALIFIED PUPIL.] Subdivisions 1, 1a,
2, 3 and 3a shall also apply to any brother or sister of a
qualified pupil who is related to that pupil by blood, adoption,
or marriage and to any foster child of that pupil's parents.
The enrollment of any pupil pursuant to subdivision 1, 2, 3 or
3a and of a brother or sister of that pupil or of a foster child
of that pupil's parents pursuant to this subdivision shall must
remain subject to the provisions of Minnesota Statutes 1976,
section 120.065 and Minnesota Statutes, 1977 Supplement, section
123.39, subdivision 5a, as they read on January 1, 1978.
Sec. 20. Minnesota Statutes 1996, section 120.0751,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER MAY PERMIT ENROLLMENT.] The
commissioner may permit a pupil to enroll in a school district
of which the pupil is not a resident under this section.
Sec. 21. Minnesota Statutes 1996, section 120.0751,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION TO THE COMMISSIONER.] The pupil or
the pupil's parent or guardian shall must make application to
the commissioner, explaining the particular circumstances which
that make the nonresident district the appropriate district of
attendance for the pupil. The application must be signed by the
pupil's parent or guardian and the superintendent of the
nonresident district.
Sec. 22. Minnesota Statutes 1996, section 120.0751,
subdivision 3, is amended to read:
Subd. 3. [CRITERIA FOR APPROVAL.] In approving or
disapproving the application the commissioner shall must
consider the following:
(a) (1) if the circumstances of the pupil are similar or
analogous to the exceptions permitted by section 120.075,
whether attending school in the district of residence creates a
particular hardship for the pupil; or
(b) (2) if the pupil has been continuously enrolled for at
least two years in a district of which the pupil was not a
resident because of an error made in good faith about the actual
district of residence, whether attending school in the district
of residence creates a particular hardship for the pupil. If
the commissioner finds that a good faith error was made and that
attending school in the district of residence would create a
particular hardship for the siblings of that pupil or foster
children of that pupil's parents, the commissioner may
separately approve an application for any or all of the siblings
of the pupil who are related by blood, adoption, or marriage and
for foster children of the pupil's parents.
Sec. 23. Minnesota Statutes 1996, section 120.0751,
subdivision 4, is amended to read:
Subd. 4. [DECISION DEADLINE.] The commissioner shall must
render its decision in each case within 60 days of receiving the
application in subdivision 2.
Sec. 24. Minnesota Statutes 1996, section 120.0751,
subdivision 5, is amended to read:
Subd. 5. [FORMS.] The commissioner shall must provide the
forms required by subdivision 2 and shall must adopt the
procedures necessary to implement this section.
Sec. 25. Minnesota Statutes 1996, section 120.0752,
subdivision 1, is amended to read:
Subdivision 1. [ENROLLMENT EXCEPTION.] A pupil may enroll
in a school district of which the pupil is not a resident under
this section.
Sec. 26. Minnesota Statutes 1996, section 120.0752,
subdivision 2, is amended to read:
Subd. 2. [BOARD APPROVAL.] The pupil's parent or guardian
must receive the approval of the school board of the nonresident
district and the school board of the resident district. The
nonresident school board shall notify the resident school board
of the approval.
Sec. 27. Minnesota Statutes 1996, section 120.0752,
subdivision 3, is amended to read:
Subd. 3. [11TH AND 12TH GRADE STUDENTS.] Notwithstanding
subdivision 2, an 11th or 12th grade pupil who has been enrolled
in a district and whose parent or guardian moves to another
district, may continue to enroll in the nonresident district
upon the approval of the school board of the nonresident
district. The approval of the school board of the pupil's
resident district is not required.
Sec. 28. Minnesota Statutes 1996, section 120.08, is
amended to read:
120.08 [ATTENDANCE; SCHOOL IN ANOTHER STATE; SEVERANCE
PAY.]
Subdivision 1. [ATTENDANCE IN ANOTHER STATE.] Any person
under 21 years of age residing in any district not maintaining a
secondary school who has successfully completed the elementary
school may, with the consent of the board of such district,
attend any secondary school of a district in an adjoining state
willing to admit the person, which if the secondary school is
nearer to the place of residence than any duly established
secondary school in Minnesota, the distances being measured by
the usual traveled routes. Any tuition charged by the district
so attended shall must be paid to the district attended by the
district in which the person resides. This tuition shall must
not be more than (a) such the district charges nonresident
pupils of that state, (b) the average maintenance cost exclusive
of transportation per pupil unit in average daily membership in
the school attended, nor (c) the tuition rate provided for in
section 124.18, subdivision 2.
Any pupil attending a secondary school in an adjoining
state for whom tuition is paid from district funds is entitled
to transportation services in accordance with Minnesota Statutes.
Subd. 2. [TUITION.] A school board of a district
maintaining a secondary school may by a majority vote provide
for the instruction of any resident pupil attending an
elementary school, a middle school, or a secondary school in
a school district in an adjoining state. Any charge for tuition
or transportation, by the district in the adjoining state, shall
must be paid by the resident district. The pupil shall must be
considered a pupil of the resident district for the purposes of
state aid.
Subd. 3. [SEVERANCE PAY.] A district shall must pay
severance pay to a teacher who is placed on unrequested leave of
absence by the district as a result of an agreement under this
section. A teacher is eligible under this subdivision if the
teacher:
(1) is a teacher, as defined in section 125.12, subdivision
1, but not a superintendent;
(2) has a continuing contract with the district according
to section 125.12, subdivision 4.
The amount of severance pay shall must be equal to the
teacher's salary for the school year during which the teacher
was placed on unrequested leave of absence minus the gross
amount the teacher was paid during the 12 months following the
teacher's termination of salary, by an entity whose teachers by
statute or rule must possess a valid Minnesota teaching license,
and minus the amount a teacher receives as severance or other
similar pay according to a contract with the district or
district policy. These entities include, but are not limited
to, the school district that placed the teacher on unrequested
leave of absence, another school district in Minnesota, an
education district, an intermediate school district, a SC, a
board formed under section 471.59, a state residential academy,
the Lola and Rudy Perpich Minnesota center for arts education, a
vocational center, or a special education cooperative. These
entities do not include a school district in another state, a
Minnesota public post-secondary institution, or a state agency.
Only amounts earned by the teacher as a substitute teacher or in
a position requiring a valid Minnesota teaching license shall be
subtracted. A teacher may decline any offer of employment as a
teacher without loss of rights to severance pay.
To determine the amount of severance pay that is due for
the first six months following termination of the teacher's
salary, the district may require the teacher to provide
documented evidence of the teacher's employers and gross
earnings during that period. The district shall must pay the
teacher the amount of severance pay it determines to be due from
the proceeds of the levy for this purpose. To determine the
amount of severance pay that is due for the second six months of
the 12 months following the termination of the teacher's salary,
the district may require the teacher to provide documented
evidence of the teacher's employers and gross earnings during
that period. The district shall must pay the teacher the amount
of severance pay it determines to be due from the proceeds of
the levy for this purpose.
A teacher who receives severance pay under this subdivision
waives all further reinstatement rights under section 125.12,
subdivision 6a or 6b. If the teacher receives severance pay,
the teacher shall must not receive credit for any years of
service in the district paying severance pay prior to the year
in which the teacher becomes eligible to receive severance pay.
The severance pay is subject to section 465.72. The
district may levy annually according to section 124.912,
subdivision 1, for the severance pay.
Sec. 29. Minnesota Statutes 1997 Supplement, section
120.101, subdivision 5, is amended to read:
Subd. 5. [AGES AND TERMS.] Every child between seven and
16 years of age shall must receive instruction. 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.
Except as provided in subdivision 5a, a parent may withdraw a
child under the age of seven from enrollment at any time.
Sec. 30. Minnesota Statutes 1996, section 120.101,
subdivision 5a, is amended to read:
Subd. 5a. [CHILDREN UNDER SEVEN.] Once a pupil under the
age of seven is enrolled in kindergarten or a higher grade in a
public school, the pupil is subject to the compulsory attendance
provisions of this chapter and section 127.20, unless the school
board of the district in which the pupil is enrolled has a
policy that exempts children under seven from this subdivision.
In a school district in which children under seven are
subject to compulsory attendance under this subdivision,
paragraphs (a) to (c) apply.
(a) A parent or guardian may withdraw the pupil from
enrollment in the school for good cause by notifying the school
district. Good cause includes, but is not limited to,
enrollment of the pupil in another school, as defined in
subdivision 4, or the immaturity of the child.
(b) When the pupil enrolls, the enrolling official must
provide the parent or guardian who enrolls the pupil with a
written explanation of the provisions of this subdivision.
(c) A pupil under the age of seven who is withdrawn from
enrollment in the public school under paragraph (a) is no longer
subject to the compulsory attendance provisions of this chapter.
In a school district that had adopted a policy to exempt
children under seven from this subdivision, the school
district's chief attendance officer must keep the truancy
enforcement authorities supplied with a copy of the school
board's current policy certified by the clerk of the school
board.
Sec. 31. Minnesota Statutes 1997 Supplement, 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. 32. Minnesota Statutes 1996, section 120.101,
subdivision 7, is amended to read:
Subd. 7. [REQUIREMENTS FOR INSTRUCTORS.] A person who is
providing instruction to a child must meet at least one of the
following requirements:
(1) hold a valid Minnesota teaching license in the field
and for the grade level taught;
(2) be directly supervised by a person holding a valid
Minnesota teaching license;
(3) successfully complete a teacher competency examination;
(4) provide instruction in a school that is accredited by
an accrediting agency, recognized according to section 123.935,
subdivision 7, or recognized by the state board of education;
(5) hold a baccalaureate degree; or
(6) be the parent of a child who is assessed according to
the procedures in subdivision 8.
Any person providing instruction in a public school must
meet the requirements of clause (1).
Sec. 33. Minnesota Statutes 1996, section 120.101,
subdivision 8, is amended to read:
Subd. 8. [ASSESSMENT OF PERFORMANCE.] (a) Each year the
performance of every child who is not enrolled in a public
school must be assessed using a nationally norm-referenced
standardized achievement examination. The superintendent of the
district in which the child receives instruction and the person
in charge of the child's instruction must agree about the
specific examination to be used and the administration and
location of the examination.
(b) To the extent the examination in paragraph (a) does not
provide assessment in all of the subject areas in subdivision 6,
the parent must assess the child's performance in the applicable
subject area. This requirement applies only to a parent who
provides instruction and does not meet the requirements of
subdivision 7, clause (1), (2), or (3).
(c) If the results of the assessments in paragraphs (a) and
(b) indicate that the child's performance on the total battery
score is at or below the 30th percentile or one grade level
below the performance level for children of the same age, the
parent shall must obtain additional evaluation of the child's
abilities and performance for the purpose of determining whether
the child has learning problems.
(d) A child receiving instruction from a nonpublic school,
person, or institution that is accredited by an accrediting
agency, recognized according to section 123.935, subdivision 7,
or recognized by the state board of education, is exempt from
the requirements of this subdivision.
Sec. 34. Minnesota Statutes 1996, section 120.101,
subdivision 9, is amended to read:
Subd. 9. [LEGITIMATE EXEMPTIONS.] A parent, guardian, or
other person having control of a child may apply to a school
district to have the child excused from attendance for the whole
or any part of the time school is in session during any school
year. Application may be made to any member of the board, a
truant officer, a principal, or the superintendent. The school
board of the district in which the child resides may approve the
application upon the following being demonstrated to the
satisfaction of that board:
(1) That the child's bodily or mental condition is such as
to prevent attendance at school or application to study for the
period required; or
(2) That for the school years 1988-1989 through 1999-2000
the child has already completed the studies ordinarily required
in the 10th grade and that for the school years beginning with
the 2000-2001 school year the child has already completed the
studies ordinarily required to graduate from high school; or
(3) That it is the wish of the parent, guardian, or other
person having control of the child, that the child attend for a
period or periods not exceeding in the aggregate three hours in
any week, a school for religious instruction conducted and
maintained by some church, or association of churches, or any
Sunday school association incorporated under the laws of this
state, or any auxiliary thereof. This school for religious
instruction shall must be conducted and maintained in a place
other than a public school building, and in no event it must
not, in whole or in part, shall be conducted and maintained at
public expense. However, a child may be absent from school on
such days as the child attends upon instruction according to the
ordinances of some church.
Sec. 35. Minnesota Statutes 1996, section 120.101,
subdivision 10, is amended to read:
Subd. 10. [ISSUING AND REPORTING EXCUSES.] The clerk or
any authorized officer of the school board shall must issue and
keep a record of such excuses, under such rules as the board may
from time to time establish.
Sec. 36. Minnesota Statutes 1997 Supplement, section
120.1015, is amended to read:
120.1015 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.]
A school board's annual school calendar shall must 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. 37. Minnesota Statutes 1996, section 120.102,
subdivision 1, is amended to read:
Subdivision 1. [REPORTS TO SUPERINTENDENT.] The person in
charge of providing instruction to a child shall must submit the
following information to the superintendent of the district in
which the child resides:
(1) by October 1 of each school year, the name, age, and
address of each child receiving instruction;
(2) the name of each instructor and evidence of compliance
with one of the requirements specified in section 120.101,
subdivision 7;
(3) an annual instructional calendar showing that
instruction will occur on at least the number of days required
under section 120.101, subdivision 5b; and
(4) for each child instructed by a parent who meets only
the requirement of section 120.101, subdivision 7, clause (6), a
quarterly report card on the achievement of the child in each
subject area required in section 120.101, subdivision 6.
Sec. 38. Minnesota Statutes 1996, section 120.102,
subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS.] A nonpublic school, person, or
other institution that is accredited by an accrediting agency,
recognized according to section 123.935, or recognized by the
state board of education, is exempt from the requirements in
subdivisions 1 and 2, except for the requirement in subdivision
1, clause (1).
Sec. 39. Minnesota Statutes 1996, section 120.102,
subdivision 4, is amended to read:
Subd. 4. [REPORTS TO THE STATE.] A superintendent shall
must make an annual report to the commissioner of children,
families, and learning. The report must include the following
information:
(1) the number of children residing in the district
attending nonpublic schools or receiving instruction from
persons or institutions other than a public school;
(2) the number of children in clause (1) who are in
compliance with section 120.101 and this section; and
(3) the names, ages, and addresses of children whom the
superintendent has determined are not in compliance with section
120.101 and this section.
Sec. 40. Minnesota Statutes 1996, section 120.103,
subdivision 3, is amended to read:
Subd. 3. [NOTICE TO PARENTS.] The superintendent shall
must notify the parent, in writing, if a child is alleged to be
receiving instruction in violation of sections 120.101 and
120.102. The written notification shall must include a list of
the specific alleged violations.
Sec. 41. Minnesota Statutes 1996, section 120.103,
subdivision 4, is amended to read:
Subd. 4. [FACT-FINDING AND MEDIATION.] If the specified
alleged violations of the compulsory attendance requirements are
not corrected within 15 days of receipt of the written
notification, the superintendent shall must request fact-finding
and mediation services from the commissioner of children,
families, and learning.
Sec. 42. Minnesota Statutes 1996, section 120.103,
subdivision 5, is amended to read:
Subd. 5. [NOTICE TO COUNTY ATTORNEY.] If the alleged
violations are not corrected through the fact-finding and
mediation process under subdivision 4, the superintendent shall
must notify the county attorney of the alleged violations. The
superintendent shall must notify the parents, by certified mail,
of the superintendent's intent to notify the county attorney of
the alleged violations.
Sec. 43. Minnesota Statutes 1996, section 120.103,
subdivision 6, is amended to read:
Subd. 6. [CRIMINAL COMPLAINT; PROSECUTION.] The county
attorney in the county in which the alleged violations have
occurred has jurisdiction to conduct a prosecution for
violations of section 120.101, 120.102, or 120.103. A criminal
complaint may be filed in any court in the county exercising
criminal jurisdiction and shall must name the persons neglecting
or refusing to comply with section 120.101, 120.102, or 120.103.
After the complaint has been filed, a warrant shall must be
issued and proceedings in trial shall must commence as provided
by law in misdemeanor cases.
Sec. 44. Minnesota Statutes 1996, section 120.11, is
amended to read:
120.11 [SCHOOL BOARDS AND TEACHERS, DUTIES.]
It shall be is the duty of each board through its clerk or
other authorized agent or employee, to report the names of
children required to attend school, with excuses, if any,
granted in such the district, to the superintendent or
principals thereof of the district, within the first week of
school. Subsequent excuses granted shall must be forthwith
reported in the same manner. The clerk or principal shall must
provide the teachers in the several schools supervised, with the
necessary information for the respective grades of school,
relating to the list of pupils with excuses granted. On receipt
of the list of such pupils of school age and the excuses granted
Within five days after receiving the report, the clerk or
principals shall must report the names of children not excused,
who are not attending school, with the names and addresses of
their parents, to the district superintendent within five days
after receiving the report.
Sec. 45. Minnesota Statutes 1996, section 120.14, is
amended to read:
120.14 [ATTENDANCE OFFICERS.]
The board of any district may authorize the employment of
attendance officers, who shall must investigate truancy or
nonattendance at school, make complaints, serve notice and
process, and attend to the enforcement of all laws and district
rules regarding school attendance. When any attendance officer
learns of any case of habitual truancy or continued
nonattendance of any child required to attend school the officer
shall must immediately notify the person having control of such
the child to forthwith send to and keep the child in school.
The attendance officer shall must also refer a habitual truant
child as defined in section 260.015, subdivision 19, and the
child's parent or legal guardian to appropriate services and
procedures under chapter 260A, if available within the school
district. Attendance officers or other designated school
officials shall must ensure that the notice required by section
260A.03 for a child who is a continuing truant is sent. The
officer shall must act under the general supervision of
the district superintendent.
Sec. 46. Minnesota Statutes 1996, section 120.73,
subdivision 1, is amended to read:
Subdivision 1. A school board is authorized to require
payment of fees in the following areas:
(a) in any program where the resultant product, in excess
of minimum requirements and at the pupil's option, becomes the
personal property of the pupil;
(b) admission fees or charges for extra curricular
activities, where attendance is optional;
(c) a security deposit for the return of materials,
supplies, or equipment;
(d) personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it
meets reasonable requirements and standards relating to health
and safety established by the school board;
(e) items of personal use or products which that a student
has an option to purchase such as student publications, class
rings, annuals, and graduation announcements;
(f) fees specifically permitted by any other statute,
including but not limited to section 171.04, subdivision 1,
clause (1);
(g) field trips considered supplementary to a district
educational program;
(h) any authorized voluntary student health and accident
benefit plan;
(i) for the use of musical instruments owned or rented by
the district, a reasonable rental fee not to exceed either the
rental cost to the district or the annual depreciation plus the
actual annual maintenance cost for each instrument;
(j) transportation of pupils to and from extra curricular
activities conducted at locations other than school, where
attendance is optional;
(k) transportation of pupils to and from school for which
aid for fiscal year 1996 is not authorized under Minnesota
Statutes 1994, section 124.223, subdivision 1, and for which
levy for fiscal year 1996 is not authorized under Minnesota
Statutes 1994, section 124.226, subdivision 5, if a district
charging fees for transportation of pupils establishes
guidelines for that transportation to ensure that no pupil is
denied transportation solely because of inability to pay;
(l) motorcycle classroom education courses conducted
outside of regular school hours; provided the charge shall must
not exceed the actual cost of these courses to the school
district;
(m) transportation to and from post-secondary institutions
for pupils enrolled under the post-secondary enrollment options
program under section 123.39, subdivision 16. Fees collected
for this service must be reasonable and shall must be used to
reduce the cost of operating the route. Families who qualify
for mileage reimbursement under section 123.3514, subdivision 8,
may use their state mileage reimbursement to pay this fee. If
no fee is charged, districts shall must allocate costs based on
the number of pupils riding the route.
Sec. 47. Minnesota Statutes 1996, section 120.73,
subdivision 2a, is amended to read:
Subd. 2a. Students may be required to furnish their own
transportation to and from an instructional community-based
employment station which that is part of an approved
occupational experience secondary vocational program. As an
alternative, a school board may require the payment of
reasonable fees for transportation to and from these
instructional community-based employment stations. This
subdivision shall only be applied applies to students who
receive remuneration for their participation in these programs.
Sec. 48. Minnesota Statutes 1996, section 120.73,
subdivision 2b, is amended to read:
Subd. 2b. [SCHOOL UNIFORMS.] Notwithstanding section
120.74, a school board may require students to furnish or
purchase clothing that constitutes a school uniform if the board
has adopted a uniform requirement or program for the student's
school. In adopting a uniform requirement, the board shall
promote student, staff, parent, and community involvement in the
program and account for the financial ability of students to
purchase uniforms.
Sec. 49. Minnesota Statutes 1996, section 120.73,
subdivision 3, is amended to read:
Subd. 3. Sections 120.71 to 120.76 shall may not preclude
the operation of a school store wherein where pupils may
purchase school supplies and materials.
Sec. 50. Minnesota Statutes 1996, section 120.73,
subdivision 4, is amended to read:
Subd. 4. A school board may waive any such deposit or fee
if any pupil or the pupil's parent or guardian is unable to pay
it.
Sec. 51. Minnesota Statutes 1996, section 120.74, is
amended to read:
120.74 [PROHIBITED FEES.]
Subdivision 1. (a) A school board is not authorized to
charge fees in the following areas:
(1) textbooks, workbooks, art materials, laboratory
supplies, towels;
(2) supplies necessary for participation in any
instructional course except as authorized in sections 120.73 and
120.75;
(3) field trips which that are required as a part of a
basic education program or course;
(4) graduation caps, gowns, any specific form of dress
necessary for any educational program, and diplomas;
(5) instructional costs for necessary school personnel
employed in any course or educational program required for
graduation;
(6) library books required to be utilized for any
educational course or program;
(7) admission fees, dues, or fees for any activity the
pupil is required to attend;
(8) any admission or examination cost for any required
educational course or program;
(9) locker rentals;
(10) transportation of pupils (i) for which state
transportation aid for fiscal year 1996 is authorized pursuant
to Minnesota Statutes 1994, section 124.223, or (ii) for which a
levy for fiscal year 1996 is authorized under Minnesota Statutes
1994, section 124.226, subdivision 5.
(b) Notwithstanding paragraph (a), clauses (1) and (6), a
school board may charge fees for textbooks, workbooks, and
library books, lost or destroyed by students. The board must
annually notify parents or guardians and students about its
policy to charge a fee under this paragraph.
Subd. 2. No pupil's rights or privileges, including the
receipt of grades or diplomas may be denied or abridged for
nonpayment of fees; but this provision shall does not prohibit a
school district from maintaining any action provided by law for
the collection of such fees authorized by sections 120.73 and
120.75.
Sec. 52. Minnesota Statutes 1996, section 120.75, is
amended to read:
120.75 [HEARING.]
Subdivision 1. [PUBLIC HEARING.] Prior to Before the
initiation of any fee not authorized or prohibited by sections
120.73 and 120.74, the local school board shall must hold a
public hearing within the district upon three weeks published
notice in the district's official newspaper, or such notice as
is otherwise required for a regular school board meeting given
three weeks prior to before the hearing on the proposed adoption
of the policy.
Sec. 53. Minnesota Statutes 1996, section 120.76, is
amended to read:
120.76 [POST-SECONDARY INSTRUCTIONAL PROGRAMS.]
Sections 120.71 to 120.76 shall may not be construed to
prohibit a school board from charging reasonable fees for goods
and services provided in connection with any post-secondary
instructional program, including but not limited to vocational
technical, veteran farmer cooperative training, and community
education programs, and continuing education and evening school
programs other than those conducted pursuant to section 124.26.
Sec. 54. Minnesota Statutes 1996, section 123.35,
subdivision 8a, is amended to read:
Subd. 8a. [SECONDARY SCHOOL PROGRAMS.] The board may
permit a person who is over the age of 21 or who has graduated
from high school to enroll as a part-time student in a class or
program at a secondary school if there is space available. In
determining if there is space available, full-time public school
students, shared-time students, and students returning to
complete a regular course of study shall be given priority over
part-time students seeking enrollment pursuant to this
subdivision. The following are not prerequisites for enrollment:
(a) (1) residency in the school district;
(b) (2) United States citizenship; or
(c) (3) for a person over the age of 21, a high school
diploma or equivalency certificate. A person may enroll in a
class or program even if that person attends evening school, an
adult or continuing education, or a post-secondary educational
program or institution.
Sec. 55. Minnesota Statutes 1996, section 127.19, is
amended to read:
127.19 [OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY.]
Any school officer, truant officer, public or nonpublic
school teacher, principal, district superintendent, or person
providing instruction other than a parent refusing, willfully
failing, or neglecting to perform any duty imposed by sections
120.101 to 120.14 is guilty of a misdemeanor; and, upon
conviction,. All persons found guilty shall be punished for
each offense by a fine of not more than $10 or by imprisonment
for not more than ten days. All fines, when collected, shall be
paid into the county treasury for the benefit of the school
district in which the offense is committed.
Sec. 56. Minnesota Statutes 1996, section 127.20, is
amended to read:
127.20 [VIOLATIONS; PENALTIES.]
Any person who fails or refuses to provide for instruction
of a child of whom the person has legal custody, and who is
required by section 120.101, subdivision 5, to receive
instruction, when notified so to do by a truant officer or other
official, or any person who induces or attempts to induce any
such child unlawfully to be absent from school, or who knowingly
harbors or employs, while school is in session, any child
unlawfully absent from school, shall be guilty of a
misdemeanor. Any fines collected shall be paid into the county
treasury for the benefit of the school district in which the
offense is committed.
Sec. 57. [REPEALER.]
Minnesota Statutes 1996, section 120.90, is repealed.
Sec. 58. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
120.01 120A.01
120.011 120A.02
120.0112 120A.03
120.02, subd. 1 120A.04, subd. 1
subd. 2 subd. 4
subd. 3 subd. 8
subd. 4 subd. 3
subd. 5 subd. 6
subd. 6 subd. 16
subd. 8 subd. 7
subd. 9 subd. 2
subd. 12 subd. 15
subd. 13 subd. 5
subd. 14 subd. 10
subd. 15 subd. 14
subd. 18 subd. 12
120.05, subd. 2 120A.04, subd. 9
subd. 3 subd. 11
subd. 4 subd. 13
subd. 5 subd. 17
120.06, subd. 1 120A.10, subd. 1
subd. 2a subd. 2
subd. 3 subd. 3
123.35, subd. 8a 120A.11, subd. 1
subd. 8b subd. 2
subd. 9 subd. 3
120.062, subd. 2 120A.12, subd. 1
subd. 3 subd. 2
subd. 4 subd. 3
subd. 5 subd. 4
subd. 6 subd. 5
subd. 7 subd. 6
subd. 8a subd. 7
subd. 9 subd. 8
subd. 10 subd. 9
subd. 11 subd. 10
subd. 12 subd. 11
120.0621, subd. 1 120A.13, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 3a subd. 4
subd. 4 subd. 5
subd. 5a subd. 6
subd. 5b subd. 7
subd. 6 subd. 8
subd. 7 subd. 9
120.08 120A.14
120.075, subd. 1 120A.15, subd. 1
subd. 1a subd. 2
subd. 2 subd. 3
subd. 3 subd. 4
subd. 3a subd. 5
subd. 4 subd. 6
subd. 5 subd. 7
120.0751 120A.16
120.0752 120A.17
120.063 120A.19
120.101, subd. 1 120A.20, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 5 subd. 5
subd. 5a subd. 6
subd. 5c subd. 7
subd. 5d subd. 8
subd. 6 subd. 9
subd. 7 subd. 10
subd. 8 subd. 11
subd. 9 subd. 12
subd. 10 subd. 13
120.102 120A.21
120.103 120A.22
120.11 120A.23
120.14 120A.24
120.19 120A.25
120.20 120A.26
120.1015 120A.28
120.106 120A.29
120.73, subd. 1 120A.40, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 2b subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
120.74 120A.41
120.75 120A.42
120.76 120A.43
ARTICLE 2
CHAPTER 120B
EDUCATIONAL OPPORTUNITIES
Section 1. [120B.01] [DEFINITIONS.]
For purposes of this chapter, the words defined in section
120.02 have the same meaning.
Sec. 2. Minnesota Statutes 1996, section 120.064,
subdivision 4, is amended to read:
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
authorize one or more licensed teachers under section 125.05,
subdivision 1, to operate a charter school subject to approval
by the state board of education. If a school board elects not
to sponsor a charter school, the applicant may appeal the school
board's decision to the state board of education if two members
of the school board voted to sponsor the school. If the state
board authorizes the school, the state board shall must sponsor
the school according to this section. The school shall must be
organized and operated as a cooperative under chapter 308A or
nonprofit corporation under chapter 317A.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the state board of education
stating its intent to authorize a charter school. The affidavit
must state the terms and conditions under which the sponsor
would authorize a charter school. The state board must approve
or disapprove the sponsor's proposed authorization within 60
days of receipt of the affidavit. Failure to obtain state board
approval precludes a sponsor from authorizing the charter school
that was the subject of the affidavit.
(c) The operators authorized to organize and operate a
school shall must hold an election for members of the school's
board of directors in a timely manner after the school is
operating. Any staff members who are employed at the school,
including teachers providing instruction under a contract with a
cooperative, and all parents of children enrolled in the school
may participate in the election. Licensed teachers employed at
the school, including teachers providing instruction under a
contract with a cooperative, must be a majority of the members
of the board of directors. A provisional board may operate
before the election of the school's board of directors. Board
of director meetings must comply with section 471.705.
(d) The granting or renewal of a charter by a sponsoring
entity shall must not be conditioned upon the bargaining unit
status of the employees of the school.
Sec. 3. Minnesota Statutes 1996, section 120.064,
subdivision 4a, is amended to read:
Subd. 4a. [CONVERSION OF EXISTING SCHOOLS.] A school board
may convert one or more of its existing schools to charter
schools under this section if 90 percent of the full-time
teachers at the school sign a petition seeking conversion. The
conversion must occur at the beginning of an academic year.
Sec. 4. Minnesota Statutes 1996, section 120.064,
subdivision 5, is amended to read:
Subd. 5. [CONTRACT.] The sponsor's authorization for a
charter school shall must be in the form of a written contract
signed by the sponsor and the board of directors of the charter
school. The contract for a charter school shall must be in
writing and contain at least the following:
(1) a description of a program that carries out one or more
of the purposes in subdivision 1;
(2) specific outcomes pupils are to achieve under
subdivision 10;
(3) admission policies and procedures;
(4) management and administration of the school;
(5) requirements and procedures for program and financial
audits;
(6) how the school will comply with subdivisions 8, 13, 15,
and 21;
(7) assumption of liability by the charter school;
(8) types and amounts of insurance coverage to be obtained
by the charter school; and
(9) the term of the contract, which may be up to three
years.
Sec. 5. Minnesota Statutes 1996, section 120.064,
subdivision 7, is amended to read:
Subd. 7. [PUBLIC STATUS; EXEMPTION FROM STATUTES AND
RULES.] A charter school is a public school and is part of the
state's system of public education. Except as provided in this
section, a charter school is exempt from all statutes and rules
applicable to a school, a school board, or a school district,
although it may elect to comply with one or more provisions of
statutes or rules.
Sec. 6. Minnesota Statutes 1997 Supplement, 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) A school sponsored by a school board may be located in
any district, unless the school board 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 school board, the sponsoring
school board may appeal to the state board of education. If the
state board authorizes the school, the state board shall must
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 must 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 must comply
with chapter 363 and section 126.21.
(h) A charter school is subject to and shall must 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 9, is amended to read:
Subd. 9. [ADMISSION REQUIREMENTS.] A charter school may
limit admission to:
(1) pupils within an age group or grade level;
(2) people who are eligible to participate in the
graduation incentives program under section 126.22; or
(3) residents of a specific geographic area where the
percentage of the population of non-Caucasian people of that
area is greater than the percentage of the non-Caucasian
population in the congressional district in which the geographic
area is located, and as long as the school reflects the racial
and ethnic diversity of the specific area.
A charter school shall enroll an eligible pupil who submits
a timely application, unless the number of applications exceeds
the capacity of a program, class, grade level, or building. In
this case, pupils shall must be accepted by lot.
A charter school may not limit admission to pupils on the
basis of intellectual ability, measures of achievement or
aptitude, or athletic ability.
Sec. 8. Minnesota Statutes 1997 Supplement, 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. 9. Minnesota Statutes 1996, section 120.064,
subdivision 11, is amended to read:
Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] A
charter school shall must employ or contract with necessary
teachers, as defined by section 125.03, subdivision 1, who hold
valid licenses to perform the particular service for which they
are employed in the school. The school may employ necessary
employees who are not required to hold teaching licenses to
perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed
employees.
The board of directors also shall decide matters related to
the operation of the school, including budgeting, curriculum and
operating procedures.
Sec. 10. Minnesota Statutes 1996, section 120.064,
subdivision 12, is amended to read:
Subd. 12. [PUPILS WITH A DISABILITY.] A charter school
must comply with sections 120.03 and 120.17 and rules relating
to the education of pupils with a disability as though it were a
school district.
Sec. 11. Minnesota Statutes 1996, section 120.064,
subdivision 13, is amended to read:
Subd. 13. [LENGTH OF SCHOOL YEAR.] A charter school shall
must provide instruction each year for at least the number of
days required by section 120.101, subdivision 5. It may provide
instruction throughout the year according to sections 120.59 to
120.67 or 121.585.
Sec. 12. Minnesota Statutes 1996, section 120.064,
subdivision 14, is amended to read:
Subd. 14. [REPORTS.] A charter school must report at least
annually to its sponsor and the state board of education the
information required by the sponsor or the state board. The
reports are public data under chapter 13.
Sec. 13. Minnesota Statutes 1997 Supplement, section
120.064, subdivision 14a, is amended to read:
Subd. 14a. [REVIEW AND COMMENT.] The department shall must
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. 14. Minnesota Statutes 1996, section 120.064,
subdivision 15, is amended to read:
Subd. 15. [TRANSPORTATION.] (a) By July 1 of each year, a
charter school shall must notify the district in which the
school is located and the department of children, families, and
learning if it will provide transportation for pupils
enrolled at in the school for the fiscal year.
(b) If a charter school elects to provide transportation
for pupils, the transportation shall must be provided by the
charter school within the district in which the charter school
is located. The state shall must pay transportation aid to the
charter school according to section 124.248, subdivision 1a.
For pupils who reside outside the district in which the
charter school is located, the charter school is not required to
provide or pay for transportation between the pupil's residence
and the border of the district in which the charter school is
located. A parent may be reimbursed by the charter school for
costs of transportation from the pupil's residence to the border
of the district in which the charter school is located if the
pupil is from a family whose income is at or below the poverty
level, as determined by the federal government. The
reimbursement may not exceed the pupil's actual cost of
transportation or 15 cents per mile traveled, whichever is
less. Reimbursement may not be paid for more than 250 miles per
week.
At the time a pupil enrolls in a charter school, the
charter school shall must provide the parent or guardian with
information regarding the transportation.
(c) If a charter school does not elect to provide
transportation, transportation for pupils enrolled at the school
shall must be provided by the district in which the school is
located, according to sections 120.062, subdivision 9, and
123.39, subdivision 6, for a pupil residing in the same district
in which the charter school is located. Transportation may be
provided by the district in which the school is located,
according to sections 120.062, subdivision 9, and 123.39,
subdivision 6, for a pupil residing in a different district.
Sec. 15. Minnesota Statutes 1996, section 120.064,
subdivision 17, is amended to read:
Subd. 17. [INITIAL COSTS.] A sponsor may authorize a
charter school before the applicant has secured its space,
equipment, facilities, and personnel if the applicant indicates
the authority is necessary for it to raise working capital. A
sponsor may not authorize a school before the state board of
education has approved the authorization.
Sec. 16. Minnesota Statutes 1996, section 120.064,
subdivision 19, is amended to read:
Subd. 19. [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a
teacher employed by a school district makes a written request
for an extended leave of absence to teach at a charter school,
the school district must grant the leave. The school district
must grant a leave for any number of years requested by the
teacher, and must extend the leave at the teacher's request.
The school district may require that the request for a leave or
extension of leave be made up to 90 days before the teacher
would otherwise have to report for duty. Except as otherwise
provided in this subdivision and except for section 125.60,
subdivision 6a, the leave is governed by section 125.60,
including, but not limited to, reinstatement, notice of
intention to return, seniority, salary, and insurance.
During a leave, the teacher may continue to aggregate
benefits and credits in the teachers' retirement association
account by paying both the employer and employee contributions
based upon the annual salary of the teacher for the last full
pay period before the leave began. The retirement association
may impose reasonable requirements to efficiently administer
this subdivision.
Sec. 17. Minnesota Statutes 1996, section 120.064,
subdivision 20, is amended to read:
Subd. 20. [COLLECTIVE BARGAINING.] Employees of the board
of directors of a charter school may, if otherwise eligible,
organize under chapter 179A and comply with its provisions. The
board of directors of a charter school is a public employer, for
the purposes of chapter 179A, upon formation of one or more
bargaining units at the school. Bargaining units at the school
shall must be separate from any other units within the
sponsoring district, except that bargaining units may remain
part of the appropriate unit within the sponsoring district, if
the employees of the school, the board of directors of the
school, the exclusive representative of the appropriate unit in
the sponsoring district, and the board of the sponsoring
district agree to include the employees in the appropriate unit
of the sponsoring district.
Sec. 18. Minnesota Statutes 1997 Supplement, section
120.064, subdivision 20a, is amended to read:
Subd. 20a. [TEACHER AND OTHER EMPLOYEE RETIREMENT.] (a)
Teachers in a charter school shall must 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 must be public employees for the purposes
of chapter 353.
Sec. 19. Minnesota Statutes 1996, section 120.064,
subdivision 21, is amended to read:
Subd. 21. [CAUSES FOR NONRENEWAL OR TERMINATION.] (a) The
duration of the contract with a sponsor shall must be for the
term contained in the contract according to subdivision 5. The
sponsor may or may not renew a contract at the end of the term
for any ground listed in paragraph (b). A sponsor may
unilaterally terminate a contract during the term of the
contract for any ground listed in paragraph (b). At least 60
days before not renewing or terminating a contract, the sponsor
shall notify the board of directors of the charter school of the
proposed action in writing. The notice shall state the grounds
for the proposed action in reasonable detail and that the
charter school's board of directors may request in writing an
informal hearing before the sponsor within 14 days of receiving
notice of nonrenewal or termination of the contract. Failure by
the board of directors to make a written request for a hearing
within the 14-day period shall be treated as acquiescence to the
proposed action. Upon receiving a timely written request for a
hearing, the sponsor shall give reasonable notice to the charter
school's board of directors of the hearing date. The sponsor
shall conduct an informal hearing before taking final action.
The sponsor shall take final action to renew or not renew a
contract by the last day of classes in the school year. If the
sponsor is a local school board, the school's board of directors
may appeal the sponsor's decision to the state board of
education.
(b) A contract may be terminated or not renewed upon any of
the following grounds:
(1) failure to meet the requirements for pupil performance
contained in the contract;
(2) failure to meet generally accepted standards of fiscal
management;
(3) for violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed, the school
shall must be dissolved according to the applicable provisions
of chapter 308A or 317A.
Sec. 20. Minnesota Statutes 1996, section 120.064,
subdivision 22, is amended to read:
Subd. 22. [PUPIL ENROLLMENT.] If a contract is not renewed
or is terminated according to subdivision 21, a pupil who
attended the school, siblings of the pupil, or another pupil who
resides in the same place as the pupil may enroll in the
resident district or may submit an application to a nonresident
district according to section 120.062 at any time. Applications
and notices required by section 120.062 shall must be processed
and provided in a prompt manner. The application and notice
deadlines in section 120.062 do not apply under these
circumstances.
Sec. 21. Minnesota Statutes 1996, section 120.064,
subdivision 24, is amended to read:
Subd. 24. [IMMUNITY.] The state board of education,
members of the state board, a sponsor, members of the board of a
sponsor in their official capacity, and employees of a sponsor
are immune from civil or criminal liability with respect to all
activities related to a charter school they approve or sponsor.
The board of directors shall obtain at least the amount of and
types of insurance required by the contract, according to
subdivision 5.
Sec. 22. Minnesota Statutes 1996, section 120.17,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL INSTRUCTION FOR CHILDREN WITH A
DISABILITY.] Every district shall must provide special
instruction and services, either within the district or in
another district, for children with a disability who are
residents of the district and who are disabled as set forth in
section 120.03. Notwithstanding any age limits in laws to the
contrary, special instruction and services must be provided from
birth until September 1 after the child with a disability
becomes 22 years old but shall not extend beyond secondary
school or its equivalent, except as provided in section 126.22,
subdivision 2. Local health, education, and social service
agencies shall must refer children under age five who are known
to need or suspected of needing special instruction and services
to the school district. Districts with less than the minimum
number of eligible children with a disability as determined by
the state board shall must cooperate with other districts to
maintain a full range of programs for education and services for
children with a disability. This subdivision does not alter the
compulsory attendance requirements of section 120.101.
Sec. 23. Minnesota Statutes 1996, section 120.17,
subdivision 1b, is amended to read:
Subd. 1b. [HIGH SCHOOL DIPLOMA.] Upon completion of
secondary school or the equivalent, a pupil with a disability
who satisfactorily attains the objectives in the pupil's
individual education plan shall must be granted a high school
diploma that is identical to the diploma granted to a pupil
without a disability.
Sec. 24. Minnesota Statutes 1996, section 120.17,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF SPECIAL INSTRUCTION.] (a) Special
instruction and services for children with a disability must be
based on the assessment and individual education plan. The
instruction and services may be provided by one or more of the
following methods:
(1) in connection with attending regular elementary and
secondary school classes;
(2) establishment of special classes;
(3) at the home or bedside of the child;
(4) in other districts;
(5) instruction and services by special education
cooperative centers established under this section, or in
another member district of the cooperative center to which the
resident district of the child with a disability belongs;
(6) in a state residential school or a school department of
a state institution approved by the commissioner;
(7) in other states;
(8) by contracting with public, private, or voluntary
agencies;
(9) for children under age five and their families,
programs and services established through collaborative efforts
with other agencies;
(10) for children under age five and their families,
programs in which children with a disability are served with
children without a disability; and
(11) any other method approved by the commissioner.
(b) Preference shall be given to providing special
instruction and services to children under age three and their
families in the residence of the child with the parent or
primary caregiver, or both, present.
(c) The primary responsibility for the education of a child
with a disability shall must remain with the district of the
child's residence regardless of which method of providing
special instruction and services is used. If a district other
than a child's district of residence provides special
instruction and services to the child, then the district
providing the special instruction and services shall must notify
the child's district of residence before the child's individual
education plan is developed and shall must provide the district
of residence an opportunity to participate in the plan's
development. The district of residence must inform the parents
of the child about the methods of instruction that are available.
(d) Paragraphs (e) to (i) may be cited as the "Blind
Persons' Literacy Rights and Education Act."
(e) The following definitions apply to paragraphs (f) to
(i).
"Blind student" means an individual who is eligible for
special educational services and who:
(1) has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision such
that the widest diameter subtends an angular distance of no
greater than 20 degrees; or
(2) has a medically indicated expectation of visual
deterioration.
"Braille" means the system of reading and writing through
touch commonly known as standard English Braille.
"Individualized education plan" means a written statement
developed for a student eligible for special education and
services pursuant to this section and section 602(a)(20) of part
A of the Individuals with Disabilities Education Act, United
States Code, title 20, section 1401(a).
(f) In developing an individualized education plan for each
blind student the presumption must be that proficiency in
Braille reading and writing is essential for the student to
achieve satisfactory educational progress. The assessment
required for each student must include a Braille skills
inventory, including a statement of strengths and deficits.
Braille instruction and use are not required by this paragraph
if, in the course of developing the student's individualized
education program, team members concur that the student's visual
impairment does not affect reading and writing performance
commensurate with ability. This paragraph does not require the
exclusive use of Braille if other special education services are
appropriate to the student's educational needs. The provision
of other appropriate services does not preclude Braille use or
instruction. Instruction in Braille reading and writing shall
must be available for each blind student for whom the
multidisciplinary team has determined that reading and writing
is appropriate.
(g) Instruction in Braille reading and writing must be
sufficient to enable each blind student to communicate
effectively and efficiently with the same level of proficiency
expected of the student's peers of comparable ability and grade
level.
(h) The student's individualized education plan must
specify:
(1) the results obtained from the assessment required under
paragraph (f);
(2) how Braille will be implemented through integration
with other classroom activities;
(3) the date on which Braille instruction will begin;
(4) the length of the period of instruction and the
frequency and duration of each instructional session;
(5) the level of competency in Braille reading and writing
to be achieved by the end of the period and the objective
assessment measures to be used; and
(6) if a decision has been made under paragraph (f) that
Braille instruction or use is not required for the student:
(i) a statement that the decision was reached after a
review of pertinent literature describing the educational
benefits of Braille instruction and use; and
(ii) a specification of the evidence used to determine that
the student's ability to read and write effectively without
Braille is not impaired.
(i) Instruction in Braille reading and writing is a service
for the purpose of special education and services under this
section.
(j) Paragraphs (e) to (i) shall must not be construed to
supersede any rights of a parent or guardian of a child with a
disability under federal or state law.
Sec. 25. Minnesota Statutes 1996, section 120.17,
subdivision 3, is amended to read:
Subd. 3. [RULES OF THE STATE BOARD.] (a) The state board
shall promulgate must adopt rules relative to qualifications of
essential personnel, courses of study, methods of instruction,
pupil eligibility, size of classes, rooms, equipment,
supervision, parent consultation, and any other rules it deems
necessary for instruction of children with a disability. These
rules shall must provide standards and procedures appropriate
for the implementation of and within the limitations of
subdivisions 3a and 3b. These rules shall must also provide
standards for the discipline, control, management, and
protection of children with a disability. The state board shall
must not adopt rules for pupils served in level 1, 2, or 3, as
defined in Minnesota Rules, part 3525.2340, establishing either
case loads or the maximum number of pupils that may be assigned
to special education teachers. The state board, in consultation
with the departments of health and human services, shall must
adopt permanent rules for instruction and services for children
under age five and their families. These rules are binding on
state and local education, health, and human services agencies.
The state board shall must adopt rules to determine eligibility
for special education services. The rules shall must include
procedures and standards by which to grant variances for
experimental eligibility criteria. The state board shall must,
according to section 14.05, subdivision 4, notify a district
applying for a variance from the rules within 45 calendar days
of receiving the request whether the request for the variance
has been granted or denied. If a request is denied, the
board shall must specify the program standards used to evaluate
the request and the reasons for denying the request.
(b) The state's regulatory scheme should support schools by
assuring that all state special education rules adopted by the
state board of education result in one or more of the following
outcomes:
(1) increased time available to teachers for educating
students through direct and indirect instruction;
(2) consistent and uniform access to effective education
programs for students with disabilities throughout the state;
(3) reduced inequalities, conflict, and court actions
related to the delivery of special education instruction and
services for students with disabilities;
(4) clear expectations for service providers and for
students with disabilities;
(5) increased accountability for all individuals and
agencies that provide instruction and other services to students
with disabilities;
(6) greater focus for the state and local resources
dedicated to educating students with disabilities; and
(7) clearer standards for evaluating the effectiveness of
education and support services for students with disabilities.
Sec. 26. Minnesota Statutes 1996, section 120.17,
subdivision 3a, is amended to read:
Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] Every district
shall must ensure that the following:
(1) all students with disabilities are provided the special
instruction and services which are appropriate to their needs.
Where the individual education plan team has determined
appropriate goals and objectives based on the student's needs,
including the extent to which the student can be included in the
least restrictive environment, and where there are essentially
equivalent and effective instruction, related services, or
assistive technology devices available to meet the student's
needs, cost to the school district may be among the factors
considered by the team in choosing how to provide the
appropriate services, instruction, or devices that are to be
made part of the student's individual education plan. The
student's needs and the special education instruction and
services to be provided shall must be agreed upon through the
development of an individual education plan. The plan shall
must address the student's need to develop skills to live and
work as independently as possible within the community. By
grade 9 or age 14, the plan shall must address the student's
needs for transition from secondary services to post-secondary
education and training, employment, community participation,
recreation, and leisure and home living. The plan must include
a statement of the needed transition services, including a
statement of the interagency responsibilities or linkages or
both before secondary services are concluded;
(2) children with a disability under age five and their
families are provided special instruction and services
appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or
guardians are guaranteed procedural safeguards and the right to
participate in decisions involving identification, assessment
including assistive technology assessment, and educational
placement of children with a disability;
(4) to the maximum extent appropriate, children with a
disability, including those in public or private institutions or
other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other
removal of children with a disability from the regular
educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education
in regular classes with the use of supplementary services cannot
be achieved satisfactorily;
(5) in accordance with recognized professional standards,
testing and evaluation materials, and procedures utilized used
for the purposes of classification and placement of children
with a disability are selected and administered so as not to be
racially or culturally discriminatory; and
(6) the rights of the child are protected when the parents
or guardians are not known or not available, or the child is a
ward of the state.
Sec. 27. Minnesota Statutes 1996, section 120.17,
subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall
utilize must use at least the following procedures for decisions
involving identification, assessment, and educational placement
of children with a disability:
(a) Parents and guardians shall must receive prior written
notice of:
(1) any proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from
or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial, or removal of
special education services for their child;.
(b) The district shall must not proceed with the initial
formal assessment of a child, the initial placement of a child
in a special education program, or the initial provision of
special education services for a child without the prior written
consent of the child's parent or guardian. The refusal of a
parent or guardian to consent may be overridden by the decision
in a hearing held pursuant to clause paragraph (e) at the
district's initiative;.
(c) Parents and guardians shall must have an opportunity to
meet with appropriate district staff in at least one
conciliation conference, mediation, or other method of
alternative dispute resolution that the parties agree to, if
they object to any proposal of which they are notified pursuant
to clause paragraph (a). The conciliation process or other form
of alternative dispute resolution shall must not be used to deny
or delay a parent or guardian's right to a due process hearing.
If the parent or guardian refuses efforts by the district to
conciliate the dispute with the school district, the requirement
of an opportunity for conciliation or other alternative dispute
resolution shall must be deemed to be satisfied.
Notwithstanding other law, in any proceeding following a
conciliation conference, the school district must not offer a
conciliation conference memorandum into evidence, except for any
portions that describe the district's final proposed offer of
service. Otherwise, with respect to forms of dispute
resolution, mediation, or conciliation, Minnesota Rule of
Evidence 408 applies. The department of children, families, and
learning may reimburse the districts or directly pay the costs
of lay advocates, not to exceed $150 per dispute, used in
conjunction with alternative dispute resolution.
(d) The commissioner shall must establish a mediation
process to assist parents, school districts, or other parties to
resolve disputes arising out of the identification, assessment,
or educational placement of children with a disability. The
mediation process must be offered as an informal alternative to
the due process hearing provided under clause paragraph (e), but
must not be used to deny or postpone the opportunity of a parent
or guardian to obtain a due process hearing.
(e) Parents, guardians, and the district shall must have an
opportunity to obtain an impartial due process hearing initiated
and conducted by and in the school district responsible for
assuring that an appropriate program is provided in accordance
with state board rules, if the parent or guardian continues to
object to:
(1) a proposed formal educational assessment or proposed
denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer
of their child to a special education program;
(3) the proposed denial of placement of their child in a
special education program or the transfer of their child from a
special education program;
(4) the proposed provision or addition of special education
services for their child; or
(5) the proposed denial or removal of special education
services for their child.
Within five business days after the request for a hearing,
or as directed by the hearing officer, the objecting party shall
must provide the other party with a brief written statement of
particulars of the objection, the reasons for the objection, and
the specific remedies sought. The other party shall provide the
objecting party with a written response to the statement of
objections within five business days of receipt of the statement.
The hearing shall must take place before an impartial
hearing officer mutually agreed to by the school board and the
parent or guardian. Within four business days of the receipt of
the request for the hearing, if the parties have not agreed on
the hearing officer, the school board shall must request the
commissioner to appoint a hearing officer. The school board
shall must include with the request the name of the person
requesting the hearing, the name of the student, the attorneys
involved, if any, and the date the hearing request was
received. The hearing officer shall must not be a school board
member or employee of the school district where the child
resides or of the child's school district of residence, an
employee of any other public agency involved in the education or
care of the child, or any person with a personal or professional
interest which that would conflict with the person's objectivity
at the hearing. A person who otherwise qualifies as a hearing
officer is not an employee of the district solely because the
person is paid by the district to serve as a hearing officer.
If the hearing officer requests an independent educational
assessment of a child, the cost of the assessment shall must be
at district expense. The proceedings shall must be recorded and
preserved, at the expense of the school district, pending
ultimate disposition of the action.
(f) The decision of the hearing officer pursuant to clause
paragraph (e) shall be rendered not more than 45 calendar days
from the date of the receipt of the request for the hearing,
except that hearing officers are encouraged to accelerate the
timeline to 30 days for children birth through two whose needs
change rapidly and require quick resolution of complaints. A
hearing officer may not grant specific extensions of time beyond
the 45-day period unless requested by either party for good
cause shown on the record. The decision of the hearing
officer shall be is binding on all parties unless appealed to
the commissioner by the parent; guardian; school board of the
district where the child resides pursuant to clause
paragraph (g); and also in the case of children birth through
two, by the county board.
The local decision shall must:
(1) be in writing;
(2) state the controlling facts upon which the decision is
made in sufficient detail to apprise the parties and the hearing
review officer of the basis and reason for the decision; and
(3) be based on the standards set forth in subdivision 3a
and the rules of the state board.
(g) Any local decision issued pursuant to clauses
paragraphs (e) and (f) may be appealed to the commissioner
within 30 calendar days of receipt of that written decision, by
the parent, guardian, or the school board of the district
responsible for assuring that an appropriate program is provided
in accordance with state board rules. The appealing party shall
must note the specific parts of the hearing decision being
appealed.
If the decision is appealed, a written transcript of the
hearing shall must be made by the school district and provided
by the district to the parties involved and the hearing review
officer within five calendar days of the filing of the appeal.
The hearing review officer shall must conduct an appellate
review and issue a final independent decision based on an
impartial review of the local decision and the entire record
within 30 calendar days after the filing of the appeal.
However, the hearing review officer shall must seek additional
evidence if necessary and may afford the parties an opportunity
for written or oral argument; provided. Any hearing held to
seek additional evidence shall must be an impartial due process
hearing but shall be is deemed not to be a contested case
hearing for purposes of chapter 14. The hearing review officer
may grant specific extensions of time beyond the 30-day period
at the request of any party for good cause shown on the record.
The final decision shall must:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a
and in the rules of the state board.
(h) The decision of the hearing review officer shall be is
final unless appealed by the parent or guardian or school board
to the Minnesota court of appeals or federal district court as
provided by federal law. State judicial review shall must be in
accordance with chapter 14.
(i) The commissioner of children, families, and learning
shall must select an individual who has the qualifications
enumerated in this paragraph to serve as the hearing review
officer:
(1) the individual must be knowledgeable and impartial;
(2) the individual must not have a personal interest in or
specific involvement with the student who is a party to the
hearing;
(3) the individual must not have been employed as an
administrator by the district that is a party to the hearing;
(4) the individual must not have been involved in the
selection of the administrators of the district that is a party
to the hearing;
(5) the individual must not have a personal, economic, or
professional interest in the outcome of the hearing other than
the proper administration of the federal and state laws, rules,
and policies;
(6) the individual must not have substantial involvement in
the development of a state or local policy or procedures that
are challenged in the appeal;
(7) the individual is not a current employee or board
member of a Minnesota public school district, education
district, intermediate unit or regional education agency, the
department of children, families, and learning, and the state
board of education; and
(8) the individual is not a current employee or board
member of a disability advocacy organization or group.
(j) In all appeals, the parent or guardian of the pupil
with a disability or the district that is a party to the hearing
may challenge the impartiality or competence of the proposed
hearing review officer by applying to the hearing review officer.
(k) Pending the completion of proceedings pursuant to this
subdivision, unless the district and the parent or guardian of
the child agree otherwise, the child shall must remain in the
child's current educational placement and shall must not be
denied initial admission to school.
(l) The child's school district of residence, a resident
district, and providing district shall must receive notice of
and may be a party to any hearings or appeals under this
subdivision.
(m) A school district is not liable for harmless technical
violations of this subdivision or rules implementing this
subdivision if the school district can demonstrate on a
case-by-case basis that the violations did not harm the
student's educational progress or the parent or guardian's right
to notice, participation, or due process.
(n) Within ten calendar days after appointment, the hearing
officer shall must schedule and hold a prehearing conference.
At that conference, or later, the hearing officer may take any
appropriate action that a court might may take under Rule 16 of
Minnesota Rules of Civil Procedure including, but not limited
to, scheduling, jurisdiction, and listing witnesses including
expert witnesses.
(o) A hearing officer or hearing review officer appointed
under this subdivision shall be is deemed to be an employee of
the state under section 3.732 for the purposes of section 3.736
only.
(p) In order to be eligible for selection, hearing officers
and hearing review officers shall must participate in training
and follow procedures as designated by the commissioner.
(q) The hearing officer may admit all evidence which that
possesses probative value, including hearsay, if it is the type
of evidence on which reasonable, prudent persons are accustomed
to rely in the conduct of their serious affairs. The hearing
officer shall must give effect to the rules of privilege
recognized by law. Evidence which that is incompetent,
irrelevant, immaterial, or unduly repetitious shall be excluded.
Sec. 28. Minnesota Statutes 1996, section 120.17,
subdivision 3d, is amended to read:
Subd. 3d. [INTERAGENCY SERVICES.] If at the time of
initial referral for an educational assessment, or a
reassessment, the school district determines that a child with
disabilities who is age 3 through 21 may be eligible for
interagency services, the district may request that the county
of residence provide a representative to the initial assessment
or reassessment team meeting or the first individual education
plan team meeting following the assessment or reassessment. The
district may request to have a county representative attend
other individual education plan team meetings when it is
necessary to facilitate coordination between district and county
provided services. Upon request from a school district, the
resident county shall provide a representative to assist the
individual education plan team in determining the child's
eligibility for existing health, mental health, or other support
services administered or provided by the county. The individual
education plan team and the county representative shall must
develop an interagency plan of care for an eligible child and
the child's family to coordinate services required under the
child's individual education plan with county services. The
interagency plan of care shall must include appropriate family
information with the consent of the family, a description of how
services will be coordinated between the district and county, a
description of service coordinator responsibilities and
services, and a description of activities for obtaining
third-party payment for eligible services, including medical
assistance payments.
Sec. 29. Minnesota Statutes 1996, section 120.17,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL INSTRUCTIONS FOR NONRESIDENT CHILDREN.]
When a school district provides instruction and services outside
the district of residence, board and lodging, and any tuition to
be paid, shall be paid by the district of residence. The
tuition rate to be charged for any child with a disability shall
must be the actual cost of providing special instruction and
services to the child including a proportionate amount for
capital outlay and debt service but not including any amount for
transportation, minus the amount of special aid for children
with a disability received on behalf of that child. If the
boards involved do not agree upon the tuition rate, either board
may apply to the commissioner to fix the rate. The commissioner
shall must then set a date for a hearing, giving each board at
least ten days' notice, and after the hearing the
commissioner shall must make an order fixing the tuition rate,
which shall be is binding on both school districts.
When a district provides instruction and services in a day
program outside the district of residence, the district of
residence shall be is responsible for providing transportation.
When a district provides instruction and services requiring
board and lodging or placement in a residential program outside
the district of residence, the nonresident district in which the
child is placed shall be is responsible for providing
transportation. Transportation costs shall be paid by the
district responsible for providing transportation and the state
shall pay transportation aid to that district.
For the purposes of this section, any school district may
enter into an agreement, upon mutually agreed upon terms and
conditions which are mutually agreed upon, to provide special
instruction and services for children with a disability. In
that event, one of the participating units may employ and
contract with necessary qualified personnel to offer services in
the several districts. Each participating unit shall must
reimburse the employing unit a proportionate amount of the
actual cost of providing the special instruction and services,
less the amount of state special education aid, which shall be
claimed in full by the employing district.
Sec. 30. Minnesota Statutes 1996, section 120.17,
subdivision 4a, is amended to read:
Subd. 4a. [ATTENDANCE IN ANOTHER DISTRICT.] No resident of
a district who is eligible for special instruction and services
pursuant to this section shall may be denied provision of this
instruction and service because of attending a public school in
another school district pursuant to section 123.39, subdivision
5, if the attendance is not subject to section 120.075,
120.0751, or 120.0752. If the pupil attends a public school
located in a contiguous district and the district of attendance
does not provide special instruction and services, the district
of residence shall must provide necessary transportation for the
pupil between the boundary of the district of residence and the
educational facility where special instruction and services are
provided within the district of residence. The district of
residence may provide necessary transportation for the pupil
between its boundary and the school attended in the contiguous
district, but shall must not pay the cost of transportation
provided outside the boundary of the district of residence.
Sec. 31. Minnesota Statutes 1996, section 120.17,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL OF PARENTS' CHOICE.] Nothing in this
chapter shall must be construed as preventing parents of a child
with a disability from sending such the child to a school of
their choice, if they so elect, subject to admission standards
and policies adopted according to chapter 128A, and all other
provisions of chapters 120 to 129.
Sec. 32. Minnesota Statutes 1996, section 120.17,
subdivision 5a, is amended to read:
Subd. 5a. [SUMMER PROGRAMS.] A district may provide summer
programs for children with a disability living within the
district and nonresident children temporarily placed in the
district pursuant to subdivision 6 or 7. Prior to March 31 or
30 days after the child with a disability is placed in the
district, whichever is later, the providing district shall give
notice to the district of residence of any nonresident children
temporarily placed in the district pursuant to subdivision 6 or
7, of its intention to provide these programs. Notwithstanding
any contrary provisions in subdivisions 6 and 7, the school
district providing the special instruction and services shall
must apply for special education aid for the summer program.
The unreimbursed actual cost of providing the program for
nonresident children with a disability, including the cost of
board and lodging, may be billed to the district of the child's
residence and shall must be paid by the resident district.
Transportation costs shall must be paid by the district
responsible for providing transportation pursuant to subdivision
6 or 7 and transportation aid shall must be paid to that
district.
Sec. 33. Minnesota Statutes 1996, section 120.17,
subdivision 6, is amended to read:
Subd. 6. [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.]
The responsibility for special instruction and services for a
child with a disability temporarily placed in another district
for care and treatment shall be determined in the following
manner:
(a) The school district of residence of a child shall be
the district in which the child's parent resides, if living, or
the child's guardian, or the district designated by the
commissioner of children, families, and learning if neither
parent nor guardian is living within the state.
(b) When a child is temporarily placed for care and
treatment in a day program located in another district and the
child continues to live within the district of residence during
the care and treatment, the district of residence is responsible
for providing transportation and an appropriate educational
program for the child. The district may provide the educational
program at a school within the district of residence, at the
child's residence, or in the district in which the day treatment
center is located by paying tuition to that district.
(c) When a child is temporarily placed in a residential
program for care and treatment, the nonresident district in
which the child is placed is responsible for providing an
appropriate educational program for the child and necessary
transportation while the child is attending the educational
program; and shall must bill the district of the child's
residence for the actual cost of providing the program, as
outlined in subdivision 4, except that. However, the board,
lodging, and treatment costs incurred in behalf of a child with
a disability placed outside of the school district of residence
by the commissioner of human services or the commissioner of
corrections or their agents, for reasons other than for making
provision providing for the child's special educational
needs shall must not become the responsibility of either the
district providing the instruction or the district of the
child's residence.
(d) The district of residence shall pay tuition and other
program costs, not including transportation costs, to the
district providing the instruction and services. The district
of residence may claim general education aid for the child as
provided by law. Transportation costs shall must be paid by the
district responsible for providing the transportation and the
state shall must pay transportation aid to that district.
Sec. 34. Minnesota Statutes 1996, section 120.17,
subdivision 7, is amended to read:
Subd. 7. [PLACEMENT IN STATE INSTITUTION;
RESPONSIBILITY.] (a) Responsibility for special instruction and
services for a child with a disability placed in a state
institution on a temporary basis shall must be determined in the
following manner:
(a) (1) the legal residence of such the child shall be
is the school district in which the child's parent resides, if
living, or the child's guardian.; and
(b) (2) when the educational needs of such the child can be
met through the institutional program, the costs for such the
instruction shall must be paid by the department to which the
institution is assigned.
(c) (b) When it is determined that such the child can
benefit from public school enrollment, provision for such the
instruction shall be made in the following manner:
(1) determination of eligibility for special instruction
and services shall must be made by the commissioner of children,
families, and learning and the commissioner of the department
responsible for the institution;
(2) the school district where the institution is located
shall be is responsible for providing transportation and an
appropriate educational program for the child and shall must
make a tuition charge to the child's district of residence for
the actual cost of providing the program; and
(3) the district of the child's residence shall pay the
tuition and other program costs excluding transportation costs
and may claim general education aid for the child.
Transportation costs shall must be paid by the district where
the institution is located and the state shall must pay
transportation aid to that district.
Sec. 35. Minnesota Statutes 1996, section 120.17,
subdivision 7a, is amended to read:
Subd. 7a. [ATTENDANCE AT SCHOOL FOR THE DISABLED.]
Responsibility for special instruction and services for a
visually disabled or hearing impaired child attending the
Minnesota state academy for the deaf or the Minnesota state
academy for the blind shall must be determined in the following
manner:
(a) The legal residence of the child shall be is the school
district in which the child's parent or guardian resides.
(b) When it is determined pursuant to section 128A.05,
subdivision 1 or 2, that the child is entitled to attend either
school, the state board shall must provide the appropriate
educational program for the child. The state board shall must
make a tuition charge to the child's district of residence for
the cost of providing the program. The amount of tuition
charged shall must not exceed the basic revenue of the district
for that child, for the amount of time the child is in the
program. For purposes of this subdivision, "basic revenue" has
the meaning given it in section 124A.22, subdivision 2. The
district of the child's residence shall must pay the tuition and
may claim general education aid for the child. Tuition received
by the state board, except for tuition received under clause
paragraph (c), shall must be deposited in the state treasury as
provided in clause paragraph (g).
(c) In addition to the tuition charge allowed in clause
paragraph (b), the academies may charge the child's district of
residence for the academy's unreimbursed cost of providing an
instructional aide assigned to that child, if that aide is
required by the child's individual education plan. Tuition
received under this clause paragraph must be used by the
academies to provide the required service.
(d) When it is determined that the child can benefit from
public school enrollment but that the child should also remain
in attendance at the applicable school, the school district
where the institution is located shall must provide an
appropriate educational program for the child and shall must
make a tuition charge to the state board for the actual cost of
providing the program, less any amount of aid received pursuant
to section 124.32. The state board shall must pay the tuition
and other program costs including the unreimbursed
transportation costs. Aids for children with a disability shall
must be paid to the district providing the special instruction
and services. Special transportation shall must be provided by
the district providing the educational program and the
state shall must reimburse such that district within the limits
provided by law.
(e) Notwithstanding the provisions of clauses paragraphs (b)
and (d), the state board may agree to make a tuition charge for
less than the amount specified in clause paragraph (b) for
pupils attending the applicable school who are residents of the
district where the institution is located and who do not board
at the institution, if that district agrees to make a tuition
charge to the state board for less than the amount specified
in clause paragraph (d) for providing appropriate educational
programs to pupils attending the applicable school.
(f) Notwithstanding the provisions of clauses paragraphs (b)
and (d), the state board may agree to supply staff from the
Minnesota state academy for the deaf and the Minnesota state
academy for the blind to participate in the programs provided by
the district where the institutions are located when the
programs are provided to students in attendance at the state
schools.
(g) On May 1 of each year, the state board shall count the
actual number of Minnesota resident kindergarten and elementary
students and the actual number of Minnesota resident secondary
students enrolled and receiving education services at the
Minnesota state academy for the deaf and the Minnesota state
academy for the blind. The state board shall deposit in the
state treasury an amount equal to all tuition received less:
(1) the total number of students on May 1 less 175, times
the ratio of the number of kindergarten and elementary students
to the total number of students on May 1, times the general
education formula allowance; plus
(2) the total number of students on May 1 less 175, times
the ratio of the number of secondary students on May 1 to the
total number of students on May 1, times 1.3, times the general
education formula allowance.
(h) The sum provided by the calculation in clause
paragraph (g), subclauses clauses (1) and (2), must be deposited
in the state treasury and credited to the general operation
account of the academy for the deaf and the academy for the
blind.
(i) There is annually appropriated to the department of
children, families, and learning for the Faribault academies the
tuition amounts received and credited to the general operation
account of the academies under this section. A balance in an
appropriation under this paragraph does not cancel but is
available in successive fiscal years.
Sec. 36. Minnesota Statutes 1996, section 120.17,
subdivision 8a, is amended to read:
Subd. 8a. [RESIDENCE OF CHILD UNDER SPECIAL CONDITIONS.]
The legal residence of a child with a disability placed in a
foster facility for care and treatment when:
(1) parental rights have been terminated by court order;
(2) parent or guardian is not living within the state;
(3) no other school district residence can be established;
or
(4) parent or guardian having legal custody of the child is
an inmate of a Minnesota correctional facility or is a resident
of a halfway house under the supervision of the commissioner of
corrections;
shall be is the school district in which the child resides.
The school board of the district of residence shall must provide
the same educational program for such the child as it provides
for all resident children with a disability in the district.
Sec. 37. Minnesota Statutes 1996, section 120.17,
subdivision 9, is amended to read:
Subd. 9. [SPECIAL INSTRUCTION.] No resident of a district
who is eligible for special instruction and services pursuant to
this section shall may be denied provision of this instruction
and service on a shared time basis because of attendance at a
nonpublic school defined in section 123.932, subdivision 3. If
a resident pupil with a disability attends a nonpublic school
located within the district of residence, the district shall
must provide necessary transportation for that pupil within the
district between the nonpublic school and the educational
facility where special instruction and services are provided on
a shared time basis. If a resident pupil with a disability
attends a nonpublic school located in another district and if no
agreement exists pursuant to section 124A.034, subdivision 1 or
1a, for the provision of special instruction and services on a
shared time basis to that pupil by the district of attendance
and where the special instruction and services are provided
within the district of residence, the district of
residence shall must provide necessary transportation for that
pupil between the boundary of the district of residence and the
educational facility. The district of residence may provide
necessary transportation for that pupil between its boundary and
the nonpublic school attended, but the nonpublic school shall
must pay the cost of transportation provided outside the
district boundary.
Sec. 38. Minnesota Statutes 1996, section 120.17,
subdivision 10, is amended to read:
Subd. 10. [NONRESIDENT EDUCATION; BILLING.] All tuition
billing for the education of nonresident children pursuant to
this section shall must be done on uniform forms prescribed by
the commissioner. The billing shall contain an itemized
statement of costs which that are being charged to the district
of residence. One copy of each such billing shall must be filed
with the commissioner.
Sec. 39. Minnesota Statutes 1996, section 120.17,
subdivision 16, is amended to read:
Subd. 16. [COMMUNITY TRANSITION INTERAGENCY COMMITTEE.] A
district, group of districts, or special education cooperative,
in cooperation with the county or counties in which the district
or cooperative is located, shall must establish a community
transition interagency committee for youth with disabilities,
beginning at grade 9 or age equivalent, and their families.
Members of the committee shall must consist of representatives
from special education;, vocational and regular education;,
community education;, post-secondary education and training
institutions;, adults with disabilities who have received
transition services if such persons are available;, parents of
youth with disabilities;, local business or industry;,
rehabilitation services;, county social services;, health
agencies;, and additional public or private adult service
providers as appropriate. The committee shall must elect a
chair and shall must meet regularly. The committee shall must:
(1) identify current services, programs, and funding
sources provided within the community for secondary and
post-secondary aged youth with disabilities and their families;
(2) facilitate the development of multiagency teams to
address present and future transition needs of individual
students on their individual education plans;
(3) develop a community plan to include mission, goals, and
objectives, and an implementation plan to assure that transition
needs of individuals with disabilities are met;
(4) recommend changes or improvements in the community
system of transition services;
(5) exchange agency information such as appropriate data,
effectiveness studies, special projects, exemplary programs, and
creative funding of programs; and
(6) following procedures determined by the commissioner,
prepare a yearly summary assessing the progress of transition
services in the community including follow-up of individuals
with disabilities who were provided transition services to
determine postschool outcomes. The summary must be disseminated
to all adult services agencies involved in the planning and to
the commissioner of children, families, and learning by October
1 of each year.
Sec. 40. Minnesota Statutes 1996, section 120.17,
subdivision 18, is amended to read:
Subd. 18. [AGENCY ACCESS TO NONPUBLIC DATA.] The
commissioner of administration shall must prepare a form and
disseminate guidelines for state agencies, political
subdivisions, and other responsible authorities to use to enable
a responsible authority to allow another responsible authority
access to data about a child with a disability that is
classified as not public. The form and guidelines must be
consistent with section 13.05, subdivision 9, and federal law,
and are not subject to the rulemaking requirements under chapter
14.
Sec. 41. Minnesota Statutes 1996, section 120.17,
subdivision 19, is amended to read:
Subd. 19. [PARENT ADVISORY COMMITTEES.] Provisions of
Minnesota Rules, part 3525.1100, regarding parent advisory
committees shall apply to local school boards or cooperative
boards carrying out the provisions of this section.
Sec. 42. Minnesota Statutes 1996, section 120.1701,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purposes of this section
the following terms have the meaning meanings given them.
(a) "Coordinate" means to provide ready access to a
community's services and resources to meet child and family
needs.
(b) "Core early intervention services" means services that
are available at no cost to children and families. These
services include:
(1) identification and referral;
(2) screening;
(3) evaluation;
(4) assessment;
(5) service coordination;
(6) special education and related services provided under
section 120.17, subdivision 3a, and United States Code, title
20, section 1401; and
(7) protection of parent and child rights by means of
procedural safeguards.
(c) "County board" means a county board established under
chapter 375.
(d) "Early intervention record" means any personally
identifiable information about a child or the child's family
that is generated by the early intervention system, and that
pertains to evaluation and assessment, development of an
individualized family service plan, and the delivery of early
intervention services.
(e) "Early intervention services" means services provided
in conformity with an individualized family service plan that
are designed to meet the special developmental needs of a child
eligible under Code of Federal Regulations, title 34, part 303,
and the needs of the child's family related to enhancing the
child's development and that are selected in collaboration with
the parent. These services include core early intervention
services and additional early intervention services listed in
subdivision 4 and services defined in Code of Federal
Regulations, title 34, section 303, et seq.
(f) "Early intervention system" means the total effort in
the state to meet the needs of eligible children and their
families, including, but not limited to:
(1) any public agency in the state that receives funds
under the Individuals with Disabilities Education Act, United
States Code, title 20, sections 1471 to 1485 (Part H, Public Law
Number 102-119);
(2) other state and local agencies administering programs
involved in the provision of early intervention services,
including, but not limited to:
(i) the Maternal and Child Health program under title V of
the Social Security Act, United States Code, title 42, sections
701 to 709;
(ii) the Individuals with Disabilities Education Act,
United States Code, title 20, sections 1411 to 1420 (Part B);
(iii) medical assistance under the Social Security Act,
United States Code, title 42, section 1396 et seq.;
(iv) the Developmental Disabilities Assistance and Bill of
Rights Act, United States Code, title 42, sections 6021 to 6030
(Part B); and
(v) the Head Start Act, United States Code, title 42,
sections 9831 to 9852; and
(3) services provided by private groups or third-party
payers in conformity with an individualized family service plan.
(g) "Eligibility for Part H" means eligibility for early
childhood special education under section 120.03 and Minnesota
Rules, part 3525.2335, subpart 1, items A and B.
(h) "Facilitate payment" means helping families access
necessary public or private assistance that provides payment for
services required to meet needs identified in a service plan,
individual education plan (IEP), individual service plan (ISP),
or individualized family service plan (IFSP), according to time
frames required by the plan. This may also include activities
to collect fees for services provided on a sliding fee basis,
where permitted by state law.
(i) "Individualized family service plan" or "IFSP" means a
written plan for providing services to a child and the child's
family.
(j) "Interagency child find systems" means activities
developed on an interagency basis with the involvement of
interagency early intervention committees and other relevant
community groups to actively seek out, identify, and refer
infants and young children with, or at risk of, disabilities,
and their families.
(k) "Local primary agency" means the agency designated
jointly by the school and county board under subdivision 4.
(l) "Parent" means the biological parent with parental
rights, adoptive parent, legal guardian, or surrogate parent.
(m) "Part H state plan" means the annual state plan
application approved by the federal government under the
Individuals with Disabilities Education Act, United States Code,
title 20, section 1471 et seq. (Part H, Public Law Number
102-119).
(n) "Pay for" means using federal, state, local, and
private dollars available for early intervention services.
(o) "Respite" means short-term, temporary care provided to
a child with a disability due to the temporary absence or need
for relief of the family member or members or primary caregiver,
normally providing the care.
(p) "State lead agency" means the state agency receiving
federal funds under the Individuals with Disabilities Education
Act, United States Code, title 20, section 1471 et seq. (Part H,
Public Law Number 102-119).
(q) "Surrogate parent" means a person appointed by the
local education agency to assure that the rights of the child to
early intervention services are protected.
Sec. 43. Minnesota Statutes 1997 Supplement, 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 must be
appointed by the governor. Council members shall must elect the
council chair. The representative of the commissioner of
children, families, and learning may not serve as the chair.
The council shall must 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
must meet at least quarterly.
The council shall must 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 must 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 expires on June
30, 2001.
Sec. 44. Minnesota Statutes 1996, section 120.1701,
subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.] (a) It is the joint responsibility of county boards and
school boards to coordinate, provide, and pay for appropriate
services, and to facilitate payment for services from public and
private sources. Appropriate services for children eligible
under section 120.03 must be determined in consultation with
parents, physicians, and other educational, medical, health, and
human services providers. The services provided must be in
conformity with an IFSP for each eligible infant and toddler
from birth through age two and its family, or an individual
education plan (IEP) or individual service plan (ISP) for each
eligible child ages three through four.
(b) Appropriate services include family education and
counseling, home visits, occupational and physical therapy,
speech pathology, audiology, psychological services, special
instruction, nursing, respite, nutrition, assistive technology,
transportation and related costs, social work, vision services,
case management including service coordination under subdivision
8, medical services for diagnostic and evaluation purposes,
early identification, and screening, assessment, and health
services necessary to enable children with disabilities to
benefit from early intervention services.
(c) School and county boards shall coordinate early
intervention services. In the absence of agreements established
according to subdivision 13, service responsibilities for
children birth through age two are as follows:
(1) school boards are required to must provide, pay for,
and facilitate payment for special education and related
services required under section 120.17, subdivision 2;
(2) county boards are required to must provide, pay for,
and facilitate payment for noneducational services of social
work, psychology, transportation and related costs, nursing,
respite, and nutrition services not required under clause (1).
(d) School and county boards may develop an interagency
agreement according to subdivision 13 to establish agency
responsibility that assures that early intervention services are
coordinated, provided, paid for, and that payment is facilitated
from public and private sources.
(e) County and school boards shall must jointly determine
the primary agency in this cooperative effort and must notify
the commissioner of the state lead agency of their decision.
Sec. 45. Minnesota Statutes 1996, section 120.1701,
subdivision 5, is amended to read:
Subd. 5. [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a)
A school district, group of districts, or special education
cooperative, in cooperation with the health and human service
agencies located in the county or counties in which the district
or cooperative is located, shall must establish an interagency
early intervention committee for children with disabilities
under age five and their families. Committees shall must
include representatives of local and regional health, education,
and county human service agencies;, county boards;, school
boards;, early childhood family education programs;, parents of
young children with disabilities under age 12;, current service
providers;, and may also include representatives from other
private or public agencies. The committee shall must elect a
chair from among its members and shall must meet at least
quarterly.
(b) The committee shall must develop and implement
interagency policies and procedures concerning the following
ongoing duties:
(1) develop public awareness systems designed to inform
potential recipient families of available programs and services;
(2) implement interagency child find systems designed to
actively seek out, identify, and refer infants and young
children with, or at risk of, disabilities and their families;
(3) establish and evaluate the identification, referral,
child and family assessment systems, procedural safeguard
process, and community learning systems to recommend, where
necessary, alterations and improvements;
(4) assure the development of individualized family service
plans for all eligible infants and toddlers with disabilities
from birth through age two, and their families, and individual
education plans and individual service plans when necessary to
appropriately serve children with disabilities, age three and
older, and their families and recommend assignment of financial
responsibilities to the appropriate agencies. Agencies are
encouraged;
(5) encourage agencies to develop individual family service
plans for children with disabilities, age three and older;
(5) (6) implement a process for assuring that services
involve cooperating agencies at all steps leading to
individualized programs;
(6) (7) facilitate the development of a transitional plan
if a service provider is not recommended to continue to provide
services;
(7) (8) identify the current services and funding being
provided within the community for children with disabilities
under age five and their families;
(8) (9) develop a plan for the allocation and expenditure
of additional state and federal early intervention funds under
United States Code, title 20, section 1471 et seq. (Part H,
Public Law Number 102-119) and United States Code, title 20,
section 631, et seq. (Chapter I, Public Law Number 89-313); and
(9) (10) develop a policy that is consistent with section
13.05, subdivision 9, and federal law to enable a member of an
interagency early intervention committee to allow another member
access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs assessments and program planning
activities conducted by local social service, health and
education agencies for young children with disabilities and
their families;
(2) review and comment on the early intervention section of
the total special education system for the district, the county
social service plan, the section or sections of the community
health services plan that address needs of and service
activities targeted to children with special health care needs,
and the section of the maternal and child health special project
grants that address needs of and service activities targeted to
children with chronic illness and disabilities; and
(3) prepare a yearly summary on the progress of the
community in serving young children with disabilities, and their
families, including the expenditure of funds, the identification
of unmet service needs identified on the individual family
services plan and other individualized plans, and local, state,
and federal policies impeding the implementation of this section.
(d) The summary must be organized following a format
prescribed by the commissioner of the state lead agency and must
be submitted to each of the local agencies and to the state
interagency coordinating council by October 1 of each year.
The departments of children, families, and learning,
health, and human services must provide assistance to the local
agencies in developing cooperative plans for providing services.
Sec. 46. Minnesota Statutes 1996, section 120.1701,
subdivision 6, is amended to read:
Subd. 6. [LOCAL PRIMARY AGENCY.] (a) The local primary
agency shall must:
(1) facilitate the development of annual fund requests that
identify arrangements with other local and regional agencies
providing services as part of the state's early childhood
intervention system and that result in service availability on a
year-round basis, as necessary;
(2) administer funds received through the annual fund
request;
(3) provide oversight for data collection efforts;
(4) facilitate completion of interagency early intervention
committee duties as indicated in subdivision 5;
(5) request mediation from the state lead agency, if
necessary;
(6) request assistance from the state lead agency when
disputes between agencies cannot be resolved within 20 calendar
days; and
(7) receive written requests from parents for matters that
may be resolved through due process hearings.
(b) When the local primary agency is not an education
agency, resources distributed under the early intervention fund
shall must be transferred from a local educational agency to a
noneducation agency using a state provided contract. A local
primary agency may budget for indirect costs at an amount not to
exceed five percent of the amount allocated from the early
intervention fund.
Sec. 47. Minnesota Statutes 1996, section 120.1701,
subdivision 7, is amended to read:
Subd. 7. [INDIVIDUALIZED FAMILY SERVICE PLAN.] (a) A team
must participate in IFSP meetings to develop the individualized
family service plan IFSP. The team shall include:
(1) a parent or parents of the child;
(2) other family members, as requested by the parent, if
feasible to do so;
(3) an advocate or person outside of the family, if the
parent requests that the person participate;
(4) the service coordinator who has been working with the
family since the initial referral, or who has been designated by
the public agency to be responsible for implementation of the
IFSP; and
(5) a person or persons involved in conducting evaluations
and assessments.
(b) The IFSP must include:
(1) information about the child's developmental status;
(2) family information, with the consent of the family;
(3) major outcomes expected to be achieved by the child and
the family, that include the criteria, procedures, and
timelines;
(4) specific early intervention services necessary to meet
the unique needs of the child and the family to achieve the
outcomes;
(5) payment arrangements, if any;
(6) medical and other services that the child needs, but
that are not required under the Individual with Disabilities
Education Act, United States Code, title 20, section 1471 et
seq. (Part H, Public Law Number 102-119) including funding
sources to be used in paying for those services and the steps
that will be taken to secure those services through public or
private sources;
(7) dates and duration of early intervention services;
(8) name of the service coordinator;
(9) steps to be taken to support a child's transition from
early intervention services to other appropriate services; and
(10) signature of the parent and authorized signatures of
the agencies responsible for providing, paying for, or
facilitating payment, or any combination of these, for early
intervention services.
Sec. 48. Minnesota Statutes 1996, section 120.1701,
subdivision 8, is amended to read:
Subd. 8. [SERVICE COORDINATION.] (a) The team developing
the individualized family service plan IFSP under subdivision 7
shall must select a service coordinator to carry out service
coordination activities on an interagency basis. Service
coordination must actively promote a family's capacity and
competency to identify, obtain, coordinate, monitor, and
evaluate resources and services to meet the family's needs.
Service coordination activities include:
(1) coordinating the performance of evaluations and
assessments;
(2) facilitating and participating in the development,
review, and evaluation of individualized family service plans;
(3) assisting families in identifying available service
providers;
(4) coordinating and monitoring the delivery of available
services;
(5) informing families of the availability of advocacy
services;
(6) coordinating with medical, health, and other service
providers;
(7) facilitating the development of a transition plan at
least six months prior to before the time the child is no longer
eligible for early intervention services, if appropriate;
(8) managing the early intervention record and submitting
additional information to the local primary agency at the time
of periodic review and annual evaluations; and
(9) notifying a local primary agency when disputes between
agencies impact service delivery required by an individualized
family service plan IFSP.
(b) A service coordinator must be knowledgeable about
children and families receiving services under this section,
requirements of state and federal law, and services available in
the interagency early childhood intervention system.
Sec. 49. Minnesota Statutes 1996, section 120.1701,
subdivision 8a, is amended to read:
Subd. 8a. [EARLY INTERVENTION RESPITE.] The provision of
respite services for an eligible child and family shall must be
determined in the context of the IFSP development based on the
individual needs of the child and family and with consideration
given to the following criteria:
(1) severity of the child's disability and needs;
(2) potential risk of out-of-home placement for the child
if respite services are not provided;
(3) parental lack of access to informal support systems,
including, but not limited to, extended family, supportive
friends, and community supports;
(4) presence of factors known to increase family stress,
including, but not limited to, family size and presence of
another child or family member with a disability;
(5) the availability of other public services provided to
the family which that assist the parent or primary caretaker in
obtaining relief from caretaking responsibilities; and
(6) the perceived and expressed level of need for respite
services by the parent.
Counties are encouraged to make a variety of respite
service models available, which may include in or out-of-home
respite, family reimbursement programs, and parent-to-parent
respite projects.
Sec. 50. Minnesota Statutes 1996, section 120.1701,
subdivision 9, is amended to read:
Subd. 9. [EARLY INTERVENTION FLOW-THROUGH DOLLARS.] (a)
The state lead agency shall must administer the early
intervention account which that consists of federal
allocations. The Part H state plan shall must state the amount
of federal resources in the early intervention account available
for use by local agencies. The state lead agency shall must
distribute the funds to the local primary agency based on a
December 1 count of the prior year of Part H eligible children
for the following purposes:
(1) as provided in Code of Federal Regulations, title 34,
part 303.425, to arrange for payment for early intervention
services not elsewhere available, or to pay for services during
the pendency of a conflict procedure, including mediation,
complaints, due process hearings, and interagency disputes; and
(2) to support interagency child find system activities.
(b) The priority purpose for this fund is paragraph (a),
clause (1). The local primary agency shall must reallocate
resources from the early intervention fund as necessary in order
to meet this priority.
(c) Nothing in this subdivision shall limit limits the
state lead agency's authority to allocate discretionary federal
funds for any purpose consistent with the Individuals with
Disabilities Education Act, United States Code, title 20,
sections 1471 to 1485 (Part H, Public Law Number 102-119) and
regulations adopted under United States Code, title 20, sections
1471 to 1485.
(d) Each county board must continue to spend for early
intervention services under subdivision 2, paragraph (e), an
amount equal to the total county expenditure during the period
from January 1, 1993, to December 31, 1993, for these same
services. The commissioner of human services, in consultation
with the commissioner of health and the association of Minnesota
counties, shall must establish a process for determining base
year 1993 expenditures.
(e) County boards that have submitted base year 1993
expenditures as required under paragraph (d) are not required to
pay any increased cost over the base year 1993 for early
intervention services resulting from implementing the early
intervention system. Increased costs to county boards may be
paid for with early intervention flow-through dollars.
(f) School boards are not required to pay for services
defined in subdivision 4, paragraph (c), clause (2).
Sec. 51. Minnesota Statutes 1996, section 120.1701,
subdivision 10, is amended to read:
Subd. 10. [PAYMENT FOR SERVICES.] Core early intervention
services shall must be provided at public expense with no cost
to parents. Parents shall must be requested to assist in the
cost of additional early intervention services by using
third-party payment sources and applying for available
resources. Payment structures permitted under state law shall
must be used to pay for additional early intervention services.
Parental financial responsibility shall must be clearly defined
in the individualized family service plan IFSP. A parent's
inability to pay shall must not prohibit a child from receiving
needed early intervention services.
Sec. 52. Minnesota Statutes 1996, section 120.1701,
subdivision 11, is amended to read:
Subd. 11. [PAYOR OF LAST RESORT.] (a) For fiscal years
1995 and 1996, the state lead agency shall must establish a
reserve account from federal sources to pay for services in
dispute or to pay for early intervention services when local
agencies have exhausted all other public and private funds
available for Part H eligible children.
(b) The lead agency shall must report to the legislature by
January 1, 1996, regarding county board expenditures for early
intervention services and the continuing need and funding of the
reserve account.
Sec. 53. Minnesota Statutes 1996, section 120.1701,
subdivision 12, is amended to read:
Subd. 12. [MAINTENANCE OF EFFORT.] A county human services
agency or county board shall must continue to provide services
set forth in their county social service agency plan. The
county human services agency or county board shall must serve
children with disabilities under age five, and their families,
or as specified in the individualized family service plan IFSP
for children with disabilities, birth through age two, or the
individual service plan of each child. Special instruction and
related services for which a child with a disability is eligible
under this section are the responsibility of the local school
board. It is the joint responsibility of county boards and
school boards to coordinate, provide, and pay for all
appropriate services required in subdivision 11b and to
facilitate payment for services from public and private sources.
Sec. 54. Minnesota Statutes 1996, section 120.1701,
subdivision 15, is amended to read:
Subd. 15. [BENEFITS COORDINATION.] The department of
health shall must provide technical assistance in a timely
manner to service coordinators, parents of children with
disabilities, and agencies in situations requiring the
coordination of health insurance benefits, or the identification
of third-party payor responsibilities to provide necessary
health benefits.
Sec. 55. Minnesota Statutes 1996, section 120.1701,
subdivision 17, is amended to read:
Subd. 17. [MEDIATION PROCEDURE.] The commissioner of the
state lead agency shall must use federal funds to provide
mediation for the activities in paragraphs (a) and (b).
(a) A parent may resolve a dispute regarding issues in
subdivision 16, paragraph (b), clause (5), through mediation. If
the parent chooses mediation, all public agencies involved in
the dispute shall must participate in the mediation process.
The parent and the public agencies must complete the mediation
process within 20 calendar days of the date the commissioner
receives a parent's written request for mediation. The
mediation process may not be used to delay a parent's right to a
due process hearing. The resolution of the mediation is not
binding on any party.
(b) The local primary agency may request mediation on
behalf of involved agencies when there are disputes between
agencies regarding responsibilities to coordinate, provide, pay
for, or facilitate payment for early intervention services.
Sec. 56. Minnesota Statutes 1996, section 120.1701,
subdivision 19, is amended to read:
Subd. 19. [INTERAGENCY DISPUTE PROCEDURE.] (a) A dispute
between a school board and a county board that is responsible
for implementing the provisions of subdivision 4 regarding early
identification, child and family assessment, service
coordination, and IFSP development and implementation shall must
be resolved according to this subdivision when the dispute
involves services provided to children and families eligible
under the Individuals with Disabilities Education Act, United
States Code, title 20, section 1471 et seq. (Part H, Public Law
Number 102-119).
(b) A dispute occurs when the school board and county board
are unable to agree as to who is responsible to coordinate,
provide, pay for, or facilitate payment for services from public
and private sources.
(c) Written and signed disputes shall must be filed with
the local primary agency.
(d) The local primary agency shall have attempted must
attempt to resolve the matter with the involved school board and
county board and may request mediation from the commissioner of
the state lead agency for this purpose.
(e) When interagency disputes have not been resolved within
30 calendar days, the local primary agency shall must request
the commissioner of the state lead agency to review the matter
with the commissioners of health and human services and make a
decision. The commissioner shall must provide a consistent
process for reviewing those procedures. The commissioners'
decision is binding subject to the right of an aggrieved party
to appeal to the state court of appeals.
(f) The local primary agency shall must ensure that
eligible children and their families receive early intervention
services during resolution of a dispute. While a local dispute
is pending, the local primary agency shall must either assign
financial responsibility to an agency or pay for the service
from the early intervention account under subdivision 9. If in
resolving the dispute, it is determined that the assignment of
financial responsibility was inappropriate, the responsibility
for payment must be reassigned to the appropriate agency and the
responsible agency shall must make arrangements for reimbursing
any expenditures incurred by the agency originally assigned
financial responsibility.
Sec. 57. Minnesota Statutes 1996, section 120.1701,
subdivision 20, is amended to read:
Subd. 20. [DUE PROCESS HEARINGS.] The procedures for due
process hearings and appeals shall must be the same as those in
section 120.17, subdivision 3b. The responsibility for payment
of costs and conducting due process hearings and appeals shall
be allocated to the appropriate agency in accordance with
subdivisions 5, 13, and 16.
Sec. 58. Minnesota Statutes 1996, section 120.1701,
subdivision 21, is amended to read:
Subd. 21. [DATA COLLECTION.] By July 1, 1994, the
departments of children, families, and learning, health, and
human services shall must develop a plan to collect data about
which early intervention services are being provided to children
and families eligible under the Individuals with Disabilities
Education Act, United States Code, title 20, section 1471 et
seq. (Part H, Public Law Number 102-119) and sources of payment
for those services.
Sec. 59. Minnesota Statutes 1996, section 120.1701,
subdivision 22, is amended to read:
Subd. 22. [STATE INTERAGENCY AGREEMENT.] (a) The
commissioners of the departments of children, families, and
learning, health, and human services shall must enter into an
agreement to implement this section and Part H, Public Law
Number 102-119, and as required by Code of Federal Regulations,
title 34, section 303.523, to promote the development and
implementation of interagency, coordinated, multidisciplinary
state and local early childhood intervention service systems for
serving eligible young children with disabilities, birth through
age two, and their families. The agreement must be reviewed
annually.
(b) The state interagency agreement shall must outline at a
minimum the conditions, procedures, purposes, and
responsibilities of the participating state and local agencies
for the following:
(1) membership, roles, and responsibilities of a state
interagency committee for the oversight of priorities and budget
allocations under Part H, Public Law Number 102-119, and other
state allocations for this program;
(2) child find;
(3) establishment of local interagency agreements;
(4) review by a state interagency committee of the
allocation of additional state and federal early intervention
funds by local agencies;
(5) fiscal responsibilities of the state and local
agencies;
(6) intraagency and interagency dispute resolution;
(7) payor of last resort;
(8) maintenance of effort;
(9) procedural safeguards, including mediation;
(10) complaint resolution;
(11) quality assurance;
(12) data collection;
(13) an annual summary to the state interagency
coordinating council regarding conflict resolution activities
including disputes, due process hearings, and complaints; and
(14) other components of the state and local early
intervention system consistent with Public Law Number 102-119.
Written materials must be developed for parents, IEIC's, and
local service providers that describe procedures developed under
this section as required by Code of Federal Regulations, title
34, section 303.
Sec. 60. Minnesota Statutes 1996, section 120.172,
subdivision 2, is amended to read:
Subd. 2. [STATE PLAN.] The state board of education shall
not adopt any provision in the state plan for special education
which that reduces the opportunities for parents and school
districts to resolve their differences through conciliation.
Sec. 61. Minnesota Statutes 1996, section 120.173,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER APPROVAL.] The commissioner
of children, families, and learning may approve applications
from school districts to provide prevention services as an
alternative to special education and other compensatory programs
during three school years. A district with an approved program
may provide instruction and services in a regular education
classroom to eligible pupils. Pupils eligible to participate in
the program are low-performing pupils who, based on documented
experience, the professional judgment of a classroom teacher, or
a team of licensed professionals, would eventually qualify for
special education instruction or related services under section
120.17 if the intervention services authorized by this section
were unavailable. Pupils may be provided services during
extended school days and throughout the entire year.
Sec. 62. Minnesota Statutes 1996, section 120.173,
subdivision 3, is amended to read:
Subd. 3. [EVALUATION.] The application shall must also set
forth the review and evaluation procedures to be used by the
district addressing at least the following:
(1) the number of pupils with and without a disability
served;
(2) the impact of the program on the academic progress and
social adjustment of the pupils;
(3) the level of satisfaction teachers, parents, and pupils
have with the program;
(4) the effect of the program on the number of referrals
for special education, federal chapter 1, and other programs;
(5) the amount of time spent by teachers on procedural
activities;
(6) the increased amount of time the pupil is in a regular
education classroom; and
(7) cost implications.
Sec. 63. Minnesota Statutes 1996, section 120.173,
subdivision 4, is amended to read:
Subd. 4. [REVIEW FOR EXCESS EXPENDITURES.] The
commissioner shall must review each application to determine
whether the personnel, equipment, supplies, residential aid, and
summer school are necessary to meet the district's obligation to
provide special instruction and services to children with a
disability according to section 120.17. The commissioner shall
may not approve revenue for any expenditures determined to be
unnecessary.
Sec. 64. Minnesota Statutes 1996, section 120.173,
subdivision 6, is amended to read:
Subd. 6. [PUPIL RIGHTS.] A pupil participating in the
program must be individually evaluated according to the pupil's
actual abilities and needs. A pupil who is eligible for
services under section 120.17 is entitled to procedural
protections provided under Public Law Number 94-142 in any
matter that affects the identification, evaluation, placement,
or change in placement of a pupil. The district must ensure the
protection of a pupil's civil rights, provide equal educational
opportunities, and prohibit discrimination. Failure to comply
with this subdivision will at least cause a district to become
ineligible to participate in the program. Notwithstanding rules
of the state board of education, a pupil's rights under this
section cannot be waived by the state board.
Sec. 65. Minnesota Statutes 1997 Supplement, 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 must be determined as provided in
this section.
(a) The school district of residence of the pupil shall be
is the district in which the pupil's parent or guardian resides,
or when the district designated by the commissioner if neither
the pupil's parent nor guardian resides is living within the
state and tuition has been denied, the district designated by
the commissioner of children, families, and learning.
(b) Prior to Before the placement of a pupil for care and
treatment, the district of residence shall must 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 must 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 must 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 must 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 must 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 must 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 must 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 must be paid by the
district providing the transportation and the state shall must
pay transportation aid to that district. For purposes of
computing state transportation aid, pupils governed by this
subdivision shall must be included in the disabled
transportation category.
Sec. 66. Minnesota Statutes 1996, section 120.1811, is
amended to read:
120.1811 [RESIDENTIAL TREATMENT FACILITIES; EDUCATION.]
Subdivision 1. [EDUCATIONAL SCREENING.] Secure and
nonsecure residential treatment facilities licensed by the
department of human services or the department of corrections
shall must screen each juvenile who is held in a facility for at
least 72 hours, excluding weekends or holidays, using an
educational screening tool identified by the department of
children, families, and learning, unless the facility determines
that the juvenile has a current individual education plan and
obtains a copy of it. The department of children, families, and
learning shall must develop or identify an education screening
tool for use in residential facilities. The tool must include a
life skills development component.
Subd. 2. [RULEMAKING.] The state board of education may,
in consultation with the commissioners of corrections and human
services, make or amend rules relating to education programs in
residential treatment facilities, if necessary, to implement
this section.
Sec. 67. Minnesota Statutes 1996, section 120.182, is
amended to read:
120.182 [SPECIAL EDUCATION DIRECTOR.]
The authority for the selection and employment of the
director of a special education cooperative established pursuant
to section 120.17 or 471.59 shall be is vested in the governing
board of the cooperative. Notwithstanding the provisions of
section 125.12, subdivision 6a or 6b, no individual shall have a
right to employment as a director based on seniority or order of
employment by the cooperative.
Sec. 68. Minnesota Statutes 1996, section 120.183, is
amended to read:
120.183 [INTERAGENCY OFFICE ON TRANSITION SERVICES.]
The commissioner of children, families, and learning shall
must establish an interagency office on transition services to:
(1) gather and coordinate data on transition services for
secondary age pupils with a disability;
(2) provide information, consultation, and technical
assistance to state and local agencies involved in the delivery
of services to pupils with a disability in transition from
secondary school programs to employment and post-secondary
training programs;
(3) assist agencies in establishing local interagency
agreements to assure the necessary services for efficient and
appropriate transition from school to work or post-secondary
training programs; and
(4) assist regions and local areas in planning interagency
in-service training to develop and improve transition services.
Sec. 69. Minnesota Statutes 1996, section 120.185, is
amended to read:
120.185 [ACCOMMODATING STUDENTS WITH DISABILITIES.]
A school or school district shall must provide a student
who is an "individual with a disability" under Section 504 of
the Rehabilitation Act of 1973, United States Code, title 29,
section 794, or under the Americans with Disabilities Act,
Public Law Number 101-336, with reasonable accommodations or
modifications in programs.
Sec. 70. Minnesota Statutes 1996, section 120.188, is
amended to read:
120.188 [PURCHASING GUIDELINES.]
Subdivision 1. [RIGHTS OF SCHOOL DISTRICTS TO PURCHASE
SCHOOL-OWNED ASSISTIVE TECHNOLOGY.] (a) When a child with a
disability exits a school district and enters a new school
district, the child's new school district may purchase any
assistive technology devices that the child's former school
district has purchased on the child's behalf. The child's new
school district must notify, in writing, the child's former
school district of the intent to purchase the device. The
child's new school district must complete a purchase agreement
according to section 120.1701, subdivision 10. The child's
former school district must respond, in writing, to the request
to purchase within 30 days.
(b) School Districts may decline to sell a device if they
can demonstrate the technology is a general use device or can be
modified for use by other students.
Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The child's
former school district shall is not be liable for any
nonconformities in the equipment after it is purchased by the
child's new school district, or for injuries arising out of the
use of the assistive technology device. This section does not
foreclose the child's right to bring suit against the
manufacturer, assistive device lessor, or assistive device
dealer for nonconformities in or injuries arising out of the use
of the assistive technology device.
Subd. 3. [THIRD-PARTY PAYORS.] Nothing contained in this
section shall may be construed as decreasing the obligation of
an insurance company or other third-party payor to provide
coverage for assistive technology.
Sec. 71. Minnesota Statutes 1996, section 120.189, is
amended to read:
120.189 [INTERAGENCY AGREEMENT TO PURCHASE USED ASSISTIVE
TECHNOLOGY DEVICES.]
Subdivision 1. [OPTION TO PURCHASE BY DEPARTMENT OF
ECONOMIC SECURITY.] (a) When a child with a disability
transitions into a work environment or enrolls in a
post-secondary course or program, the department of economic
security may purchase any assistive technology device that the
child's former school district purchased on the child's behalf.
(b) The department of economic security may purchase an
assistive technology device initially purchased by a school
district for a child who is currently a recipient of
rehabilitation services and who needs the identical assistive
technology device as stated on the recipient's individual
written rehabilitation plan. The purchase may be made not more
than three months prior to before the child exiting exits the
school district.
Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The department of
economic security and the department of children, families, and
learning shall are not be liable for any nonconformities in the
equipment after it is purchased by the department of economic
security, or for injuries arising out of the use of the
assistive technology device. This section does not foreclose
the child's right to bring suit against the manufacturer,
assistive device lessor, or assistive device dealer for
nonconformities in or injuries arising out of the use of the
assistive technology device.
Subd. 3. [THIRD-PARTY PAYOR.] Nothing contained in this
section shall may be construed as decreasing the obligation of
an insurance company or other third-party payor to provide
coverage for assistive technology.
Sec. 72. Minnesota Statutes 1996, section 120.190, is
amended to read:
120.190 [PURCHASE AGREEMENT; PRICE FORMULA.]
The commissioner shall must develop guidelines for the sale
of used assistive technology including a purchase agreement, a
formula for establishing the sale price, and other terms and
conditions of the sale.
Sec. 73. Minnesota Statutes 1996, section 120.80, is
amended to read:
120.80 [EARLY GRADUATION.]
Subdivision 1. Notwithstanding any law to the contrary,
any secondary school student who has completed all required
courses may, with the approval of the student, the student's
parent or guardian, and local school officials, graduate prior
to before the completion of the school year. General education
revenue attributable to the student must be paid as though the
student was in attendance for the entire year.
Sec. 74. Minnesota Statutes 1996, section 123.3513, is
amended to read:
123.3513 [ADVANCED ACADEMIC CREDIT.]
A school district shall must grant academic credit to a
pupil attending an accelerated or advanced academic course
offered by a higher education institution or a nonprofit public
agency other than the district, if the pupil successfully
completes the course attended and passes an examination approved
by the district. If no comparable course is offered by the
district, the commissioner shall determine the number of credits
which shall be granted to a pupil who successfully completes and
passes the course. If a comparable course is offered by the
district, the school board shall must grant a comparable number
of credits to the pupil. If there is a dispute between the
district and the pupil regarding the number of credits granted
for a particular course, the pupil may appeal the school board's
decision to the commissioner. The commissioner's decision
regarding the number of credits shall be final.
The credits granted to a pupil shall be counted toward the
graduation requirements and subject area requirements of the
school district. Evidence of successful completion of each
class and credits granted shall be included in the pupil's
secondary school record.
Sec. 75. Minnesota Statutes 1996, section 123.3514,
subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For purposes of this section, an
the following terms have the meanings given to them.
(a) "Eligible institution" means a Minnesota public
post-secondary institution, a private, nonprofit two-year trade
and technical school granting associate degrees, an
opportunities industrialization center accredited by the North
Central Association of Colleges and Schools, or a private,
residential, two-year or four-year, liberal arts,
degree-granting college or university located in Minnesota.
"Course" means a course or program.
(b) "Course" means a course or program.
Sec. 76. Minnesota Statutes 1997 Supplement, 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 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 must indicate the course and hours of enrollment of
that pupil. If the pupil enrolls in a course for post-secondary
credit, the institution shall must notify the pupil about
payment in the customary manner used by the institution.
Sec. 77. Minnesota Statutes 1997 Supplement, section
123.3514, subdivision 4a, is amended to read:
Subd. 4a. [COUNSELING.] To the extent possible, the school
or school district shall must 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 must 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 must, upon request, provide
technical assistance to a school or school district in
developing appropriate forms and counseling guidelines.
Sec. 78. Minnesota Statutes 1996, section 123.3514,
subdivision 4b, is amended to read:
Subd. 4b. [DISSEMINATION OF INFORMATION; NOTIFICATION OF
INTENT TO ENROLL.] By March 1 of each year, a school district
shall must provide general information about the program to all
pupils in grades 10 and 11. To assist the district in planning,
a pupil shall inform the district by March 30 of each year of
the pupil's intent to enroll in post-secondary courses during
the following school year. A pupil is not bound by notifying or
not notifying the district by March 30.
Sec. 79. Minnesota Statutes 1996, section 123.3514,
subdivision 4d, is amended to read:
Subd. 4d. [ENROLLMENT PRIORITY.] A post-secondary
institution shall give priority to its post-secondary students
when enrolling 11th and 12th grade pupils in its courses. A
post-secondary institution may provide information about its
programs to a secondary school or to a pupil or parent, but it
may not advertise or otherwise recruit or solicit the
participation on financial grounds, secondary pupils to enroll
in its programs. An institution shall must not enroll secondary
pupils, for post-secondary enrollment options purposes, in
remedial, developmental, or other courses that are not college
level. Once a pupil has been enrolled in a post-secondary
course under this section, the pupil shall not be displaced by
another student.
Sec. 80. Minnesota Statutes 1997 Supplement, 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. 81. Minnesota Statutes 1996, section 123.3514,
subdivision 5, is amended to read:
Subd. 5. [CREDITS.] A pupil may enroll in a course under
this section for either secondary credit or post-secondary
credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or
post-secondary credit. A pupil taking several courses may
designate some for secondary credit and some for post-secondary
credit. A pupil must not audit a course under this section.
A school district shall grant academic credit to a pupil
enrolled in a course for secondary credit if the pupil
successfully completes the course. Seven quarter or four
semester college credits equal at least one full year of high
school credit. Fewer college credits may be prorated. A school
district shall must also grant academic credit to a pupil
enrolled in a course for post-secondary credit if secondary
credit is requested by a pupil. If no comparable course is
offered by the district, the district shall must, as soon as
possible, notify the commissioner, which who shall determine the
number of credits that shall be granted to a pupil who
successfully completes a course. If a comparable course is
offered by the district, the school board shall grant a
comparable number of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number
of credits granted for a particular course, the pupil may appeal
the school board's decision to the commissioner. The
commissioner's decision regarding the number of credits shall be
final.
The secondary credits granted to a pupil shall must be
counted toward the graduation requirements and subject area
requirements of the school district. Evidence of successful
completion of each course and secondary credits granted shall
must be included in the pupil's secondary school record. A
pupil must shall provide the school with a copy of the pupil's
grade in each course taken for secondary credit under this
section. Upon the request of a pupil, the pupil's secondary
school record shall must also include evidence of successful
completion and credits granted for a course taken for
post-secondary credit. In either case, the record shall must
indicate that the credits were earned at a post-secondary
institution.
If a pupil enrolls in a post-secondary institution after
leaving secondary school, the post-secondary institution shall
must award post-secondary credit for any course successfully
completed for secondary credit at that institution. Other
post-secondary institutions may award, after a pupil leaves
secondary school, post-secondary credit for any courses
successfully completed under this section. An institution may
not charge a pupil for the award of credit.
Sec. 82. Minnesota Statutes 1996, section 123.3514,
subdivision 6, is amended to read:
Subd. 6. [FINANCIAL ARRANGEMENTS.] For a pupil enrolled in
a course under this section, the department of children,
families, and learning shall must make payments according to
this subdivision for courses that were taken for secondary
credit.
The department shall must not make payments to a school
district or post-secondary institution for a course taken for
post-secondary credit only. The department shall must not make
payments to a post-secondary institution for a course from which
a student officially withdraws during the first 14 days of the
quarter or semester or who has been absent from the
post-secondary institution for the first 15 consecutive school
days of the quarter or semester and is not receiving instruction
in the home or hospital.
A post-secondary institution shall receive the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance,
multiplied by 1.3, and divided by 30.
The department of children, families, and learning shall
must pay to each post-secondary institution 100 percent of the
amount in clause (1) or (2) within 30 days of receiving initial
enrollment information each quarter or semester. If changes in
enrollment occur during a quarter or semester, the change shall
be reported by the post-secondary institution at the time the
enrollment information for the succeeding quarter or semester is
submitted. At any time the department of children, families,
and learning notifies a post-secondary institution that an
overpayment has been made, the institution shall promptly remit
the amount due.
Sec. 83. Minnesota Statutes 1996, section 123.3514,
subdivision 6b, is amended to read:
Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.]
For a pupil enrolled in a course according to this section, the
department of children, families, and learning shall must make
payments according to this subdivision for courses taken to
fulfill high school graduation requirements by pupils eligible
for adult high school graduation aid.
The department must not make payments to a school district
or post-secondary institution for a course taken for
post-secondary credit only. The department shall must not make
payments to a post-secondary institution for a course from which
a student officially withdraws during the first 14 days of the
quarter or semester or who has been absent from the
post-secondary institution for the first 15 consecutive school
days of the quarter or semester and is not receiving instruction
in the home or hospital.
A post-secondary institution shall receive the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance
multiplied by 1.3, and divided by 30.
The department of children, families, and learning shall
must pay to each post-secondary institution 100 percent of the
amount in clause (1) or (2) within 30 days of receiving initial
enrollment information each quarter or semester. If changes in
enrollment occur during a quarter or semester, the change shall
be reported by the post-secondary institution at the time the
enrollment information for the succeeding quarter or semester is
submitted. At any time the department of children, families,
and learning notifies a post-secondary institution that an
overpayment has been made, the institution shall promptly remit
the amount due.
A school district shall receive:
(1) for a pupil who is not enrolled in classes at a
secondary program, 12 percent of the general education formula
allowance times .65, times 1.3; or
(2) for a pupil who attends classes at a secondary program
part time, the general education formula allowance times .65,
times 1.3, times the ratio of the total number of hours the
pupil is in membership for courses taken by the pupil for credit
to 1020 hours.
Sec. 84. Minnesota Statutes 1997 Supplement, 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. 85. Minnesota Statutes 1996, section 123.3514,
subdivision 7a, is amended to read:
Subd. 7a. [TEXTBOOKS; MATERIALS.] All textbooks and
equipment provided to a pupil, and paid for under subdivision 6,
are the property of the pupil's school district of residence.
Each pupil is required to return all textbooks and equipment to
the school district after the course has ended.
Sec. 86. Minnesota Statutes 1996, section 123.3514,
subdivision 7b, is amended to read:
Subd. 7b. [SUPPORT SERVICES.] The post-secondary
institution shall must inform the pupil of the support services
available at that institution. If the student has an individual
education plan that provides general education support and
accommodations, the post-secondary institution shall must
provide the support services as described in the student's IEP
and the post-secondary institution and the district shall
negotiate an agreement on the rate to be charged for the
services. Nothing in this section shall prevent the student
from enrolling while the agreement is being developed. If the
parties cannot agree on the services, on application of either
party, the commissioner shall resolve the dispute in the same
manner the commissioner fixes tuition rates under section
120.17, subdivision 4. The commissioner's decision is binding
on both parties.
Sec. 87. Minnesota Statutes 1997 Supplement, 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 state shall provide state aid to a
district in an amount sufficient to reimburse the parent or
guardian for the necessary transportation costs when the
family's or guardian's income is at or below the poverty level,
as determined by the federal government. The reimbursement
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 must pay aid to the district according to this subdivision.
Sec. 88. Minnesota Statutes 1996, section 124.227, is
amended to read:
124.227 [INTERDISTRICT DESEGREGATION OR INTEGRATION
TRANSPORTATION GRANTS.]
(a) A district that provides transportation of pupils to
and from an interdistrict program for desegregation or
integration purposes may apply to the commissioner of children,
families, and learning for a grant to cover the additional costs
of transportation.
(b) A district in the metropolitan area may apply to the
commissioner for a grant to cover the costs of transporting
pupils who are enrolled under section 120.062 if the enrollment
of the student in the nonresident district contributes to
desegregation or integration purposes. The commissioner must
shall develop the form and manner of applications, the criteria
to be used to determine when transportation is for desegregation
or integration purposes, and the accounting procedure to be used
to determine excess costs. In determining the grant amount, the
commissioner must shall consider other revenue received by the
district for transportation for desegregation or integration
purposes.
(c) Grants may be awarded under paragraph (b) only if
grants awarded under paragraph (a) have been fully funded.
Sec. 89. Minnesota Statutes 1996, section 124.248,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] General
education revenue shall must be paid to a charter school as
though it were a school district. The general education revenue
for each pupil unit is the state average general education
revenue per pupil unit minus $170, calculated without
compensatory revenue, transportation sparsity revenue, and the
transportation portion of the transition revenue adjustment,
plus compensatory revenue as though the school were a school
district.
Sec. 90. Minnesota Statutes 1996, section 124.248,
subdivision 1a, is amended to read:
Subd. 1a. [TRANSPORTATION REVENUE.] Transportation revenue
shall must be paid to a charter school that provides
transportation services according to section 120.064,
subdivision 15, according to this subdivision. Transportation
aid shall equal transportation revenue.
(a) In addition to the revenue under subdivision 1, a
charter school providing transportation services shall must
receive general education aid for each pupil unit equal to the
sum of $170, plus the transportation sparsity allowance for the
school district in which the charter school is located, plus the
transportation transition allowance for the school district in
which the charter school is located.
(b) For the first two years that a charter school is
providing transportation services, the special programs
transportation revenue equals the charter school's actual cost
in the current school year for transportation services for
children with disabilities under section 124.223, subdivisions
4, 5, 7, and 8. For the third year of transportation services
and later fiscal years, the special programs transportation
revenue shall be computed according to section 124.225,
subdivision 14.
Sec. 91. Minnesota Statutes 1997 Supplement, section
124.248, subdivision 3, is amended to read:
Subd. 3. [SPECIAL EDUCATION AID.] Except as provided in
subdivision 1a, paragraph (b), special education aid shall must
be paid to a charter school according to section 124.3201, 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. 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. 92. Minnesota Statutes 1997 Supplement, 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 must 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 ten percent of its cumulative amount
guaranteed for the year and 22 payments of an equal amount
thereafter the sum of which shall be 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) A charter school may receive money from any source for
capital facilities needs. 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. 93. Minnesota Statutes 1996, section 124.273,
subdivision 3, is amended to read:
Subd. 3. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In
counting the number of pupils of limited English proficiency for
purposes of this section, districts may include pupils of
limited English proficiency who attend nonpublic schools in the
district. A district which counts those pupils and receives aid
pursuant to this section shall must offer those pupils the same
programs on the same terms that it offers to pupils of limited
English proficiency who attend the public school. A program
provided for a nonpublic school pupil pursuant to this
subdivision shall must be provided at a public school or a
neutral site as defined in section 123.932, subdivision 9.
Nonpublic school pupils served by a district's educational
program for pupils of limited English proficiency shall must be
counted for average daily membership pursuant to sections
124A.02, subdivisions 20 to 22, and 124A.034, subdivisions 1 to
2.
Sec. 94. Minnesota Statutes 1996, section 124.273,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION DATES.] To obtain aid for limited
English proficiency programs, a district shall must submit
information required by the department to implement this section.
Sec. 95. Minnesota Statutes 1996, section 124.273,
subdivision 6, is amended to read:
Subd. 6. [RECORDS; AUDIT.] A district which applies for
aid pursuant to this section shall must maintain records which
support the information contained in all of its applications.
The commissioner of children, families, and learning may audit
these records upon request. A district which receives aid
pursuant to this section shall must keep such additional records
in the manner prescribed by the commissioner to ensure that an
educational program for pupils of limited English proficiency is
implemented and operated in accordance with sections 126.261 to
126.269.
Sec. 96. Minnesota Statutes 1996, section 124.273,
subdivision 7, is amended to read:
Subd. 7. [MONEY FROM OTHER SOURCES.] A school district
providing a program for pupils of limited English proficiency
shall must be eligible to receive moneys for these programs from
other government agencies and from private sources when these
moneys are available.
Sec. 97. Minnesota Statutes 1996, section 124.311,
subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTION.] A school district may
receive assurance of mastery revenue to provide direct
instructional services to eligible pupils.
Sec. 98. Minnesota Statutes 1996, section 124.32, is
amended to read:
124.32 [CHILDREN WITH A DISABILITY.]
Subd. 2b. [TRAVEL AID.] The state shall must pay each
district one-half of the sum actually expended by a district for
necessary travel of essential personnel providing home-based
services to children with a disability under age five and their
families.
Subd. 4. [AID PAYMENT.] The aids provided for children
with a disability shall must be paid to the district providing
the special instruction and services. General education
aid shall must be paid to the district of the pupil's
residence. The total amount of aid paid may not exceed the
amount expended for children with a disability in the year for
which the aid is paid.
Subd. 6. [FULL STATE PAYMENT.] The state shall must pay
each district the actual cost incurred in providing instruction
and services for a child with a disability whose district of
residence has been determined by section 120.17, subdivision 8a,
and who is temporarily placed in a state institution or a
licensed residential facility for care and treatment. This
section does not apply to a child placed in a foster home or a
foster group home.
Upon following the procedure specified by the commissioner
of children, families, and learning, the district may bill the
state the actual cost incurred in providing the services
including transportation costs and a proportionate amount of
capital expenditures and debt service, minus the amount of the
basic revenue, as defined in section 124A.22, subdivision 2, of
the district for the child and the special education aid,
transportation aid, and any other aid earned on behalf of the
child. The limit set forth in subdivision 4 shall apply applies
to aid paid pursuant to this subdivision.
To the extent possible, the commissioner shall obtain
reimbursement from another state for the cost of serving any
child whose parent or guardian resides in that state. The
commissioner may contract with the appropriate authorities of
other states to effect reimbursement. All money received from
other states shall must be paid to the state treasury and placed
in the general fund.
Subd. 7. [PROGRAM AND AID APPROVAL.] Before June 1 of each
year, each district providing special instruction and services
to children with a disability shall must submit to the
commissioner an application for approval of these programs and
their budgets for the next fiscal year. The application shall
must include an enumeration of the costs proposed as eligible
for state aid pursuant to this section and of the estimated
number and grade level of children with a disability in the
district who will receive special instruction and services
during the regular school year and in summer school programs
during the next fiscal year. The application shall must also
include any other information deemed necessary by the
commissioner for the calculation of state aid and for the
evaluation of the necessity of the program, the necessity of the
personnel to be employed in the program, for determining the
amount which the program will receive from grants from federal
funds, or special grants from other state sources, and the
program's compliance with the rules and standards of the state
board. The commissioner shall review each application to
determine whether the program and the personnel to be employed
in the program are actually necessary and essential to meet the
district's obligation to provide special instruction and
services to children with a disability pursuant to sections
120.17 and 120.1701. The commissioner shall not approve aid
pursuant to this section for any program or for the salary of
any personnel determined to be unnecessary or unessential on the
basis of this review. The commissioner may withhold all or any
portion of the aid for programs which receive grants from
federal funds, or special grants from other state sources. By
August 31 the commissioner shall approve, disapprove, or modify
each application, and notify each applying district of the
action and of the estimated amount of aid for the programs. The
commissioner shall provide procedures for districts to submit
additional applications for program and budget approval during
the fiscal year, for programs needed to meet any substantial
changes in the needs of children with a disability in the
district. Notwithstanding the provisions of section 124.15, the
commissioner may modify or withdraw the program or aid approval
and withhold aid pursuant to this section without proceeding
according to section 124.15 at any time the commissioner
determines that the program does not comply with rules of the
state board or that any facts concerning the program or its
budget differ from the facts in the district's approved
application.
Subd. 8. [REGULAR CLASSROOM PROGRAMS.] When planning
programs for the education of children with a disability in the
regular classroom, school districts are encouraged to consider
the size of the regular class and to provide the support
services necessary to insure ensure successful mainstreaming.
Subd. 10. [SUMMER SCHOOL.] By March 15 of each year,
districts shall must submit separate applications for program
and budget approval for summer school programs. The review of
These applications shall must be reviewed as provided in
subdivision 7. By May 1 of each year, the commissioner shall
approve, disapprove, or modify the applications and notify the
districts of the action and of the estimated amount of aid for
the summer school programs.
Subd. 12. [ALLOCATION FROM COOPERATIVE CENTERS, SERVICE
COOPERATIVES, EDUCATION DISTRICTS, AND INTERMEDIATE DISTRICTS.]
For purposes of this section, a special education cooperative,
service cooperative, education district, or an intermediate
district shall must allocate its approved expenditures for
special education programs among participating school districts.
Special education aid for services provided by a cooperative,
service cooperative, education district, or intermediate
district shall must be paid to the participating school
districts.
Sec. 99. Minnesota Statutes 1996, section 124.3201,
subdivision 5, is amended to read:
Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] (a)
A school district's special education revenue for fiscal year
1996 and later equals the state total special education revenue,
minus the amount determined under paragraph (b), times the ratio
of the district's adjusted special education base revenue to the
state total adjusted special education base revenue. If the
state board of education modifies its rules for special
education in a manner that increases a school district's special
education obligations or service requirements, the commissioner
of children, families, and learning shall annually increase each
district's special education revenue by the amount necessary to
compensate for the increased service requirements. The
additional revenue equals the cost in the current year
attributable to rule changes not reflected in the computation of
special education base revenue, multiplied by the appropriate
percentages from subdivision 2.
(b) Notwithstanding paragraph (a), if the special education
base revenue for a district equals zero, the special education
revenue equals the amount computed according to subdivision 2
using current year data.
Sec. 100. Minnesota Statutes 1996, section 124.3201,
subdivision 6, is amended to read:
Subd. 6. [SPECIAL EDUCATION AID.] A school district's
special education aid for fiscal year 1996 and later equals the
district's special education revenue times the aid percentage
factor for that year.
Sec. 101. Minnesota Statutes 1996, section 124.3201,
subdivision 7, is amended to read:
Subd. 7. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATES.] For the purposes of this section and section
124.321, a special education cooperative or an intermediate
district shall must allocate its approved expenditures for
special education programs among participating school districts.
Sec. 102. Minnesota Statutes 1997 Supplement, section
124.321, subdivision 1, is amended to read:
Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal
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 excess cost revenue under section
124.323; plus
(3) the levy percentage factor for that year times the
district's school-to-work program for children with a disability
revenue under section 124.574.
Sec. 103. Minnesota Statutes 1997 Supplement, section
124.321, subdivision 2, is amended to read:
Subd. 2. [REVENUE ALLOCATION FROM STATE ACADEMIES.] (a)
For purposes of this section, the Minnesota state academy for
the deaf or the Minnesota state academy for the blind each year
shall must allocate an amount equal to the levy percentage
factor for that year times their special education revenue under
section 124.3201 for the year to each school district that
assigns a child with an individual education plan requiring an
instructional aide to attend either academy. The school
districts that assign a child who requires an instructional aide
may make a levy in the amount of the costs allocated to them by
either academy.
(b) When the Minnesota state academy for the deaf or the
Minnesota state academy for the blind allocates revenue among
school districts that assign a child who requires an
instructional aide, for purposes of the districts making a levy
under this subdivision, the academy shall must provide
information to the department of children, families, and
learning on the amount of revenue it allocated to the school
districts that assign a child who requires an instructional aide.
Sec. 104. Minnesota Statutes 1996, section 124.322,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A district is eligible for
an alternative delivery base revenue adjustment if the
commissioner of children, families, and learning has approved
the application of the district according to section 120.173.
Sec. 105. Minnesota Statutes 1997 Supplement, section
124.322, subdivision 1a, is amended to read:
Subd. 1a. [BASE REVENUE ADJUSTMENT.] For the third fiscal
year after approval of a district's application, and thereafter,
the special education base revenue under section 124.3201,
subdivision 1, shall must be computed based on activities
defined as reimbursable under state board rules for special
education and nonspecial education students, and additional
activities as detailed and approved by the commissioner of
children, families, and learning.
Sec. 106. Minnesota Statutes 1997 Supplement, section
124.323, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In For the purposes of 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, equipment, and transportation services
eligible for revenue under section 124.3201; 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 for
fiscal year 1996, 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. 107. Minnesota Statutes 1996, section 124.48, as
amended by Laws 1997, chapter 192, section 20, is amended to
read:
124.48 [INDIAN SCHOLARSHIPS.]
Subdivision 1. [AWARDS.] The state board, with the advice
and counsel of the Minnesota Indian scholarship committee, may
award scholarships to any Minnesota resident student who is of
one-fourth or more Indian ancestry, who has applied for other
existing state and federal scholarship and grant programs, and
who, in the opinion of the board, has the capabilities to
benefit from further education. Scholarships shall must be for
advanced or specialized education in accredited or approved
colleges or in business, technical or vocational schools.
Scholarships shall be used to defray the total cost of education
including tuition, incidental fees, books, supplies,
transportation, other related school costs and the cost of board
and room and shall be paid directly to the college or school
concerned. The total cost of education includes all tuition and
fees for each student enrolling in a public institution and the
portion of tuition and fees for each student enrolling in a
private institution that does not exceed the tuition and fees at
a comparable public institution. Each student shall be awarded
a scholarship based on the total cost of the student's education
and a standardized need analysis. The amount and type of each
scholarship shall be determined through the advice and counsel
of the Minnesota Indian scholarship committee.
When an Indian student satisfactorily completes the work
required by a certain college or school in a school year the
student is eligible for additional scholarships, if additional
training is necessary to reach the student's educational and
vocational objective. Scholarships may not be given to any
Indian student for more than five years of study without special
approval of the Minnesota Indian scholarship committee.
Subd. 3. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota
Indian scholarship committee is established. Members shall be
appointed by The state board must appoint members with the
assistance of the Indian affairs council as provided in section
3.922, subdivision 6. Members shall be reimbursed for expenses
as provided in section 15.059, subdivision 6. The state board
shall determine the membership terms and duration of the
committee, which expires no later than June 30, 2001. The
committee shall provide advice to the state board in awarding
scholarships to eligible American Indian students and in
administering the state board's duties regarding awarding of
American Indian post-secondary preparation grants to school
districts.
Sec. 108. Minnesota Statutes 1997 Supplement, 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. 109. Minnesota Statutes 1996, section 124.573,
subdivision 2, is amended to read:
Subd. 2. [LIMIT.] The commissioner may withhold all or any
portion of the aid paid under this section for a secondary
vocational education program which receives funds from any other
source. In no event shall A district or center must not receive
a total amount of state aid pursuant to this section which, when
added to funds from other sources, will provide the program an
amount for salaries and travel which exceeds 100 percent of the
amount of its expenditures for salaries and travel in the
program.
Sec. 110. Minnesota Statutes 1996, section 124.573,
subdivision 2b, is amended to read:
Subd. 2b. [SECONDARY VOCATIONAL AID.] A district's
secondary vocational education aid for a fiscal year equals the
lesser of:
(a) $80 times the district's average daily membership in
grades 10 to 12; or
(b) 25 percent of approved expenditures for the following:
(1) salaries paid to essential, licensed personnel
providing direct instructional services to students in that
fiscal year for services rendered in the district's approved
secondary vocational education programs;
(2) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under subdivision 3a;
(3) necessary travel between instructional sites by
licensed secondary vocational education personnel;
(4) necessary travel by licensed secondary vocational
education personnel for vocational student organization
activities held within the state for instructional purposes;
(5) curriculum development activities that are part of a
five-year plan for improvement based on program assessment;
(6) necessary travel by licensed secondary vocational
education personnel for noncollegiate credit bearing
professional development; and
(7) specialized vocational instructional supplies.
(c) Up to ten percent of a district's secondary vocational
aid may be spent on equipment purchases. Districts using
secondary vocational aid for equipment purchases must report to
the department of children, families, and learning on the
improved learning opportunities for students that result from
the investment in equipment.
Sec. 111. Minnesota Statutes 1996, section 124.573,
subdivision 2e, is amended to read:
Subd. 2e. [ALLOCATION FROM COOPERATIVE CENTERS AND
INTERMEDIATE DISTRICTS.] For purposes of subdivisions 2b,
paragraph (b), and 2f, paragraph (b), a cooperative center or an
intermediate district shall must allocate its approved
expenditures for secondary vocational education programs among
participating school districts. For purposes of subdivision 2f,
paragraph (a), a cooperative center or an intermediate
district shall must allocate its secondary vocational aid for
fiscal year 1994 among participating school districts. For 1995
and later fiscal years, secondary vocational aid for services
provided by a cooperative center or an intermediate district
shall be paid to the participating school district.
Sec. 112. Minnesota Statutes 1996, section 124.573,
subdivision 2f, is amended to read:
Subd. 2f. [AID GUARANTEE.] Notwithstanding subdivision 2b,
the secondary vocational education aid for a school district is
not less than the lesser of:
(a) 95 percent of the secondary vocational education aid
the district received for the previous fiscal year; or
(b) 40 percent of the approved expenditures for secondary
vocational programs included in subdivision 2b, paragraph (b).
Sec. 113. Minnesota Statutes 1996, section 124.573,
subdivision 3, is amended to read:
Subd. 3. [COMPLIANCE WITH RULES.] Aid shall must be paid
under this section only for services rendered or for costs
incurred in secondary vocational education programs approved by
the commissioner and operated in accordance with rules
promulgated by the state board. These rules shall must provide
minimum student-staff ratios required for a secondary vocational
education program area to qualify for this aid. The rules must
not require the collection of data at the program or course
level to calculate secondary vocational aid. The rules shall
must not require any minimum number of administrative staff, any
minimum period of coordination time or extended employment for
secondary vocational education personnel, or the availability of
vocational student activities or organizations for a secondary
vocational education program to qualify for this aid. The
requirement in these rules that program components be available
for a minimum number of hours shall must not be construed to
prevent pupils from enrolling in secondary vocational education
courses on an exploratory basis for less than a full school
year. The state board shall must not require a school district
to offer more than four credits or 560 hours of vocational
education course offerings in any school year. Rules relating
to secondary vocational education programs shall must not
incorporate the provisions of the state plan for vocational
education by reference. This aid shall be paid only for
services rendered and for costs incurred by essential, licensed
personnel who meet the work experience requirements for
licensure pursuant to the rules of the state board. Licensed
personnel means persons holding a valid secondary vocational
license issued by the commissioner, except that when. If an
average of five or fewer secondary full-time equivalent students
are enrolled per teacher in an approved post-secondary program
at intermediate district No. 287, 916, or 917, licensed
personnel means persons holding a valid vocational license
issued by the commissioner, the state board for vocational
technical education, or the board of trustees of the Minnesota
state colleges and universities. Notwithstanding section
124.15, the commissioner may modify or withdraw the program or
aid approval and withhold aid under this section without
proceeding under section 124.15 at any time. To do so, the
commissioner must determine that the program does not comply
with rules of the state board or that any facts concerning the
program or its budget differ from the facts in the district's
approved application.
Sec. 114. Minnesota Statutes 1996, section 124.573,
subdivision 3a, is amended to read:
Subd. 3a. [AID FOR CONTRACTED SERVICES.] In addition to
the provisions of subdivisions 2 and 3, a school district or
cooperative center may contract with a public or private agency
other than a Minnesota school district or cooperative center for
the provision of secondary vocational education services. The
state board shall must promulgate rules relating to program
approval procedures and criteria for these contracts and
aid shall must be paid only for contracts approved by the
commissioner of children, families, and learning. For the
purposes of subdivision 4, The district or cooperative center
contracting for these services shall must be construed to be
providing the services.
Sec. 115. Minnesota Statutes 1996, section 124.573,
subdivision 5a, is amended to read:
Subd. 5a. [DISTRICT REPORTS.] Each district or cooperative
center shall must report data to the department for all
secondary vocational education programs as required by the
department to implement the secondary vocational aid formula.
Sec. 116. Minnesota Statutes 1997 Supplement, 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 must allocate its approved expenditures for
school-to-work programs for children with a disability among
participating school districts. Aid for 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. 117. Minnesota Statutes 1996, section 124.86,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] (a) Each year each
American Indian-controlled tribal contract or grant school
authorized by the United States Code, title 25, section 450f,
that is located on a reservation within the state is eligible to
receive tribal contract or grant school aid subject to the
requirements in this subdivision paragraphs (b) to (d).
(a) (b) The school must plan, conduct, and administer an
education program that complies with the requirements of either
this chapter and chapters 120, 121, 122, 123, 124A, 124C, 125,
126, 129, and 268A or Code of Federal Regulations, title 25,
sections 31.0 to 45.80.
(b) (c) The school must comply with all other state
statutes governing independent school districts or their
equivalent in the Code of Federal Regulations, title 25.
(c) (d) The state tribal contract or grant school aid must
be used to supplement, and not to replace, the money for
American Indian education programs provided by the federal
government.
Sec. 118. Minnesota Statutes 1997 Supplement, 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) (i) the actual pupil units as defined in section 124A.02,
subdivision 15, in average daily membership, excluding section
124.17, subdivision 2f, and (b) (ii) 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 (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;
(4) dividing the result in clause (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
(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 result in clause (4).
Sec. 119. Minnesota Statutes 1996, section 124.86,
subdivision 3, is amended to read:
Subd. 3. [WAIVER.] Notwithstanding subdivision 1,
paragraphs (a) (b) and (b) (c), a tribal contract or grant
school:
(1) is not subject to the Minnesota election law;
(2) has no authority under this section to levy for
property taxes, issue and sell bonds, or incur debt; and
(3) may request through its managing tribal organization a
recommendation of the state board of education, for
consideration of the legislature, that a tribal contract or
grant school not be subject to specified statutes related to
independent school districts.
Sec. 120. Minnesota Statutes 1996, section 124.86,
subdivision 4, is amended to read:
Subd. 4. [EARLY CHILDHOOD FAMILY EDUCATION REVENUE.] A
school receiving aid under this section is eligible to receive
early childhood family education revenue to provide early
childhood family education programs for parents and children who
are enrolled or eligible for enrollment in a federally
recognized tribe. The revenue equals 1.5 times the statewide
average expenditure per participant under section 124.2711,
times the number of children and parents participating full time
in the program. The program shall must comply with section
121.882, except that the school is not required to provide a
community education program or establish a community education
advisory council. The program shall must be designed to improve
the skills of parents and promote American Indian history,
language, and culture. The school shall must make affirmative
efforts to encourage participation by fathers. Admission may
not be limited to those enrolled in or eligible for enrollment
in a federally recognized tribe.
Sec. 121. Minnesota Statutes 1996, section 124.90, is
amended to read:
124.90 [MEDICAL ASSISTANCE PAYMENTS TO SCHOOL DISTRICTS.]
Subdivision 1. [ELIGIBILITY.] A school district may enroll
as a provider in the medical assistance program and receive
medical assistance payments for covered special education
services provided to persons eligible for medical assistance
under chapter 256B. To receive medical assistance payments, the
school district must comply with relevant provisions of state
and federal statutes and regulations governing the medical
assistance program.
Subd. 2. [FUNDING.] A school district that provides a
covered service to an eligible person and complies with relevant
requirements of the medical assistance program shall be is
entitled to receive payment for the service provided, including
that portion of the payment that will subsequently be reimbursed
by the federal government, in the same manner as other medical
assistance providers. The school district is not required to
provide matching funds or pay part of the costs of the service,
as long as the rate charged for the service does not exceed
medical assistance limits that apply to all medical assistance
providers.
Subd. 3. [CONTRACT FOR SERVICES.] A school district may
contract for the provision of medical assistance-covered
services, and may contract with a third party agency to assist
in administering and billing for these services.
Subd. 4. [PRIVATE INSURERS.] A school district may enroll
as a provider for insurance companies to provide covered special
education services to eligible persons. To receive payments,
the district must comply with relevant state and federal
statutes. A district may contract for services, and may
contract with a third party agency to assist in administering
and billing for these services.
Subd. 5. [NO REDUCTION IN REVENUE.] A school district's
revenue for special education programs shall must not be reduced
by any payments for medical assistance or insurance received
according to this section.
Sec. 122. Minnesota Statutes 1997 Supplement, section
126.22, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] The following pupils are
eligible to participate in the 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. 123. Minnesota Statutes 1997 Supplement, section
126.22, subdivision 3a, is amended to read:
Subd. 3a. [ADDITIONAL ELIGIBLE PROGRAM.] A pupil who is at
least 16 years of age, who is eligible under subdivision 2,
clause (a), and who has been enrolled only in a public school,
if the pupil has been enrolled in any school, during the year
immediately before transferring under this subdivision, may
transfer to any nonpublic school that has contracted with the
serving school district to provide nonsectarian educational
services. Such a The school must enroll every eligible pupil
who seeks to transfer to the school under this program subject
to available space.
Sec. 124. Minnesota Statutes 1996, section 126.22,
subdivision 5, is amended to read:
Subd. 5. [DISSEMINATION OF INFORMATION.] A school district
shall must disseminate information, developed by the department
of children, families, and learning, about the graduation
incentives program to residents in the district who are under
the age of 21.
Sec. 125. Minnesota Statutes 1996, section 126.22,
subdivision 6, is amended to read:
Subd. 6. [DESEGREGATION PLANS.] Notwithstanding any
provision to the contrary, students may not enroll in a
nonresident district under this section if their enrollment in
another school district would result in a violation of a
district's desegregation plan, as mandated and approved by the
state board of education.
Sec. 126. Minnesota Statutes 1997 Supplement, section
126.22, subdivision 8, is amended to read:
Subd. 8. [ENROLLMENT VERIFICATION.] (a) For a pupil
attending an eligible program full time under subdivision 3,
paragraph (d), the department of children, families, and
learning shall must pay 90 percent of the district's average
general education revenue less compensatory revenue to the
eligible program and ten percent of the 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, 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 general education revenue. 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 must pay up to 100 percent of the revenue to the eligible
program if there is an agreement to that effect between the
school district and the eligible program.
Sec. 127. Minnesota Statutes 1997 Supplement, 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 district's average general education less compensatory
revenue 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, the revenue paid to the
program shall must be reduced proportionately, according to the
amount of time the pupil attends the program, and 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 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 must not make a payment for the
same pupil under section 126.22, subdivision 8.
Sec. 128. Minnesota Statutes 1996, section 126.235, is
amended to read:
126.235 [EDUCATIONAL PROGRAM FOR PREGNANT MINORS AND MINOR
PARENTS.]
Upon request, a school district must make available to a
pregnant minor or a minor custodial parent an educational
program to enable the minor to earn a high school diploma. The
department of children, families, and learning shall must
develop program designs and provide districts with technical
assistance. A district's educational program must use
appropriate community services and must recognize each pupil's
individual needs and parental responsibilities. The district
shall must designate at least one person to review quarterly
each pupil's progress in the program.
If a pupil receives social services according to section
257.33 or employment and training services according to section
256.736, the district shall must develop the pupil's educational
program in consultation with the providers of the services and
shall provide a liaison when necessary. The pupil may request
that an adult, selected by the pupil, assist in developing the
educational program.
Sec. 129. Minnesota Statutes 1996, section 126.239,
subdivision 1, is amended to read:
Subdivision 1. [TRAINING PROGRAMS FOR TEACHERS.] A
secondary teacher assigned by a school district to teach an
advanced placement or international baccalaureate course may
participate in a training program offered by the college board
or International Baccalaureate North America, Inc. The state
may pay a portion of the tuition, room, and board costs a
teacher incurs in participating in a training program. The
commissioner of children, families, and learning shall determine
application procedures and deadlines, and select teachers to
participate in the training program. The procedures determined
by the commissioner shall, to the extent possible, ensure that
advanced placement and international baccalaureate courses
become available in all parts of the state and that a variety of
course offerings are available in school districts. This
subdivision does not prevent teacher participation in training
programs offered by the college board or International
Baccalaureate North America, Inc., when tuition is paid by a
source other than the state.
Sec. 130. Minnesota Statutes 1996, section 126.262,
subdivision 3, is amended to read:
Subd. 3. [ESSENTIAL INSTRUCTIONAL PERSONNEL.] "Essential
instructional personnel" means the following:
(a) A teacher licensed by the state board of teaching to
teach bilingual education or English as a second language;
(b) A teacher with an exemption from a teaching license
requirement pursuant to section 126.266 who is employed in a
school district's English as a second language or bilingual
education program;
(c) Any teacher as defined in section 125.03 who holds a
valid license from the state board of teaching, if the district
assures the department of children, families, and learning that
the teacher will obtain the preservice and in-service training
the department considers necessary to enable the teacher to
provide appropriate service to pupils of limited English
proficiency.
Sec. 131. Minnesota Statutes 1996, section 126.262,
subdivision 6, is amended to read:
Subd. 6. [PRIMARY LANGUAGE.] "Primary language" is means a
language other than English which is the language normally used
by the child or the language which is spoken in the child's home
environment.
Sec. 132. Minnesota Statutes 1996, section 126.264, is
amended to read:
126.264 [RIGHTS OF PARENTS.]
Subdivision 1. [NOVICE.] No later than Within ten days
after the enrollment of any pupil in an instructional program
for limited English proficient students, the school district in
which the pupil resides shall must notify the parent or guardian
by mail. This notice shall must:
(a) Be in writing in English and in the primary language of
the pupil's parents;
(b) Inform the parents that their child has been enrolled
in an instructional program for limited English proficient
students;
(c) Contain a simple, nontechnical description of the
purposes, method and content of the program;
(d) Inform the parents that they have the right to visit
the educational program for limited English proficient students
in which their child is enrolled;
(e) Inform the parents of the time and manner in which to
request and receive a conference for the purpose of explaining
the nature and purpose of the program; and
(f) Inform the parents of their rights to withdraw their
child from an educational program for limited English proficient
students and the time and manner in which to do so.
The department of children, families, and learning shall,
at the request of the school district, prepare the notice in the
primary language of the parent or guardian.
Subd. 2. [WITHDRAWAL FROM PROGRAM.] Any parent whose child
is enrolled in an educational program for limited English
proficient students shall have the right, either at the time of
the original notification of enrollment or at the close of any
semester thereafter, to withdraw the child from the program by
providing written notice of this intent to the principal of the
school in which the child is enrolled or to the superintendent
of the school district in which the child resides. Nothing
herein in this section shall preclude a parent from reenrolling
a child of limited English proficiency in an educational program
for limited English proficient students.
Subd. 3. [PARENTAL INVOLVEMENT.] A district which receives
moneys pursuant to section 124.273 shall must encourage
involvement of parents of pupils enrolled in the educational
program for limited English proficient students in this
program. The district shall solicit the views of parents about
the program and its effects upon their children.
Sec. 133. Minnesota Statutes 1996, section 126.265, is
amended to read:
126.265 [GENERAL REQUIREMENTS FOR PROGRAMS.]
A district which receives aid pursuant to section 124.273
shall must comply with the following program requirements:
(a) To the extent possible, the district shall must avoid
isolating children of limited English proficiency for a
substantial part of the school day; and
(b) In predominantly nonverbal subjects, such as art,
music, and physical education, pupils of limited English
proficiency shall be permitted to participate fully and on an
equal basis with their contemporaries in public school classes
provided for these subjects. To the extent possible, the school
district shall must assure to pupils enrolled in a program for
limited English proficient students an equal and meaningful
opportunity to participate fully with other pupils in all
extracurricular activities.
Sec. 134. Minnesota Statutes 1996, section 126.266,
subdivision 1, is amended to read:
Subdivision 1. [EXEMPTIONS.] The commissioner of children,
families, and learning may grant an exemption from the licensure
requirement in the hiring of teachers of English as a second
language or bilingual education teachers to a school district if
the commissioner finds that compliance would impose a hardship
upon the district in the securing of teachers for its
educational programs for limited English proficient students.
The commissioner of children, families, and learning shall
notify the board of teaching of any exemptions granted pursuant
to this section.
Sec. 135. Minnesota Statutes 1996, section 126.267, is
amended to read:
126.267 [TECHNICAL ASSISTANCE.]
The commissioner shall provide technical assistance to
school districts receiving aid pursuant to section 124.273 and
to post-secondary institutions for preservice and in-service
training for bilingual education teachers and English as a
second language teachers employed in educational programs for
limited English proficient students, teaching methods,
curriculum development, testing and testing mechanisms, and the
development of instructional materials for these educational
programs.
Sec. 136. Minnesota Statutes 1996, section 126.43,
subdivision 1, is amended to read:
Subdivision 1. [CULTURAL EXCHANGE PROGRAM GOALS.] (a) A
cultural exchange grant program is established to develop and
create opportunities for children and staff of different ethnic,
racial, and other cultural backgrounds to experience educational
and social exchange. Student and staff exchanges under this
section may only take place between a district with a
desegregation plan approved by the state board of education and
a district without a desegregation plan. Participating school
districts shall offer summer programs for credit with the goals
set forth in paragraphs (a) (b) to (d) (e).
(a) (b) The program shall must develop curriculum
reflective of particular ethnic, racial, and other cultural
aspects of various demographic groups in the state.
(b) (c) The program shall must develop immersion programs
that are coordinated with the programs offered in
paragraph (a) (b).
(c) (d) The program shall must create opportunities for
students from across the state to enroll in summer programs
in school districts other than the one of residence, or in other
schools within their district of residence.
(d) (e) The program shall must create opportunities for
staff exchanges on a cultural basis.
Sec. 137. Minnesota Statutes 1996, section 126.43,
subdivision 2, is amended to read:
Subd. 2. [CULTURAL EXCHANGE GRANTS.] A school district
together with a group of school districts, a cooperative
governmental unit, the center for arts and education, or a
post-secondary institution may apply for cultural exchange
grants. The commissioner of children, families, and learning
shall determine grant recipients and may adopt application
guidelines. The grants must be competitively determined and
applicants must demonstrate:
(1) the capacity to develop a focused curriculum that
reflects the particular ethnic, racial, and other cultural
aspects of the community in which the school where the program
is offered is located;
(2) the capacity to develop immersion programs coordinated
with the curriculum developed in clause (1);
(3) the capacity to coordinate a cultural exchange program
with other curriculum programs to assure continuity in a pupil's
education;
(4) the capacity to maximize diversity of ethnic, racial,
and other cultural backgrounds of participants;
(5) that the application is jointly developed by
participants; and
(6) that the outcomes of the exchange program are clearly
articulated.
Sec. 138. Minnesota Statutes 1996, section 126.48,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM DESCRIBED.] American Indian
language and culture education programs shall be are programs in
elementary and secondary schools enrolling American Indian
children designed:
(1) to make the curriculum more relevant to the needs,
interests, and cultural heritage of American Indian pupils;
(2) to provide positive reinforcement of the self-image of
American Indian pupils; and
(3) to develop intercultural awareness among pupils,
parents, and staff. Program components may include:
instruction in American Indian language, literature, history,
and culture; development of support components for staff,
including in-service training and technical assistance in
methods of teaching American Indian pupils; research projects,
including experimentation with and evaluation of methods of
relating to American Indian pupils; provision of personal and
vocational counseling to American Indian pupils; modification of
curriculum, instructional methods, and administrative procedures
to meet the needs of American Indian pupils; and establishment
of cooperative liaisons with nonsectarian nonpublic, community,
tribal or alternative schools offering curricula which reflect
American Indian culture. Districts offering programs may make
contracts for the provision of program components by
nonsectarian nonpublic, community, tribal or alternative
schools. These programs may also be provided as components of
early childhood and family education programs.
Sec. 139. Minnesota Statutes 1996, section 126.48,
subdivision 2, is amended to read:
Subd. 2. [VOLUNTARY ENROLLMENT.] Enrollment in American
Indian language and culture education programs shall must be
voluntary. School districts and participating schools shall
must make affirmative efforts to encourage participation. They
shall encourage parents to visit classes or come to school for a
conference explaining the nature of the program and provide
visits by school staff to parents' homes to explain the nature
of the program.
Sec. 140. Minnesota Statutes 1996, section 126.48,
subdivision 3, is amended to read:
Subd. 3. [ENROLLMENT OF OTHER CHILDREN; SHARED TIME
ENROLLMENT.] To the extent it is economically feasible, a school
district or participating school may make provision for the
voluntary enrollment of non-American Indian children in the
instructional components of an American Indian language and
culture education program in order that they may acquire an
understanding of the cultural heritage of the American Indian
children for whom that particular program is designed. However,
in determining eligibility to participate in a program, priority
shall must be given to American Indian children. American
Indian children and other children enrolled in an existing
nonpublic school system may be enrolled on a shared time basis
in American Indian language and culture education programs.
Sec. 141. Minnesota Statutes 1996, section 126.48,
subdivision 4, is amended to read:
Subd. 4. [LOCATION OF PROGRAMS.] American Indian language
and culture education programs shall must be located in
facilities in which regular classes in a variety of subjects are
offered on a daily basis.
Sec. 142. Minnesota Statutes 1996, section 126.48,
subdivision 5, is amended to read:
Subd. 5. [ASSIGNMENT OF STUDENTS.] No A school district or
participating school shall must not, in providing these programs
, assign students to schools in a way which will have the effect
of promoting segregation of students by race, sex, color, or
national origin.
Sec. 143. Minnesota Statutes 1996, section 126.49,
subdivision 1, is amended to read:
Subdivision 1. [AMERICAN INDIAN LANGUAGE AND CULTURE
EDUCATION LICENSES.] The board of teaching shall must grant
initial and continuing teaching licenses in American Indian
language and culture education that bear the same duration as
other initial and continuing licenses. The board shall must
grant licenses to persons who present satisfactory evidence that
they:
(a) Possess competence in an American Indian language or
possess unique qualifications relative to or knowledge and
understanding of American Indian history and culture; or
(b) Possess a bachelor's degree or other academic degree
approved by the board or meet such requirements as to course of
study and training as the board may prescribe, or possess such
relevant experience as the board may prescribe.
This evidence may be presented by affidavits, resolutions,
or by such other methods as the board may prescribe.
Individuals may present applications for licensure on their own
behalf or these applications may be submitted by the
superintendent or other authorized official of a school
district, participating school, or an American Indian school.
Sec. 144. Minnesota Statutes 1996, section 126.49,
subdivision 5, is amended to read:
Subd. 5. [PERSONS ELIGIBLE FOR EMPLOYMENT; EXEMPTIONS.]
Any person licensed under this section shall be eligible for
employment by a school board or a participating school as a
teacher in an American Indian language and culture education
program in which the American Indian language or culture in
which the person is licensed is taught. A school district or
participating school may prescribe only those additional
qualifications for teachers licensed under this section as are
approved by the board of teaching. Any school board or
participating school upon request may be exempted from the
licensure requirements of this section in the hiring of one or
more American Indian language and culture education teachers for
any school year in which compliance would, in the opinion of the
commissioner of children, families, and learning, create a
hardship in the securing of the teachers.
Sec. 145. Minnesota Statutes 1996, section 126.49,
subdivision 6, is amended to read:
Subd. 6. [PERSONS SERVING UNDER EXEMPTIONS; LICENSURE;
TENURE.] An American Indian language and culture education
teacher serving under an exemption as provided in subdivision 5
6 shall be granted a license as soon as that teacher achieves
the qualifications for it the license. Not more than one year
of service by an American Indian language and culture education
teacher under an exemption shall be credited to the teacher for
the purposes of section 125.12 and not more than two years shall
be credited for the purposes of section 125.17; and the one or
two years shall be deemed to precede immediately and be
consecutive with the year in which a teacher becomes licensed.
Sec. 146. Minnesota Statutes 1996, section 126.49,
subdivision 8, is amended to read:
Subd. 8. [AFFIRMATIVE EFFORTS IN HIRING.] In hiring for
all positions in these programs, school districts and
participating schools shall give preference to and make
affirmative efforts to seek, recruit, and employ persons who
share the culture of the American Indian children who are
enrolled in the program. The district or participating school
shall provide procedures for the involvement of the parent
advisory committees in designing the procedures for the
recruitment, screening and selection of applicants, provided
that nothing herein. This subdivision shall not be construed to
limit the school board's authority to hire and discharge
personnel.
Sec. 147. Minnesota Statutes 1996, section 126.50, is
amended to read:
126.50 [TEACHERS AIDES; COMMUNITY COORDINATORS.]
In addition to employing American Indian language and
culture education teachers, each district or participating
school providing programs pursuant to sections 126.45 to 126.55
may employ teachers' aides. Teachers' aides shall must not be
employed for the purpose of supplanting American Indian language
and culture education teachers.
Any district or participating school which conducts
American Indian language and culture education programs pursuant
to sections 126.45 to 126.55 shall must employ one or more full-
time or part-time community coordinators if there are 100 or
more students enrolled in the program. Community coordinators
shall promote communication understanding, and cooperation
between the schools and the community and shall visit the homes
of children who are to be enrolled in an American Indian
language and culture education program in order to convey
information about the program.
Sec. 148. Minnesota Statutes 1996, section 126.501, is
amended to read:
126.501 [RECRUITING AND RETAINING INDIAN TEACHERS.]
This section applies to a school board of a school district
in which there are at least ten American Indian children
enrolled. The school board shall must actively recruit teacher
applicants who are American Indian from the time it is
reasonably expected that a position will become available until
the position is filled or September 1, whichever is earlier.
Notwithstanding section 125.12, subdivision 4, 6a, or 6b,
125.17, subdivisions 3 and 11, any other law to the contrary, or
any provision of a contract entered into after May 7, 1988, to
the contrary, when placing a teacher on unrequested leave of
absence, the board may retain a probationary teacher or a
teacher with less seniority in order to retain an American
Indian teacher.
Sec. 149. Minnesota Statutes 1997 Supplement, section
126.51, subdivision 1, is amended to read:
Subdivision 1. [PARENT COMMITTEE.] School boards and
American Indian schools shall must provide for the maximum
involvement of parents of children enrolled in education
programs, including language and culture education programs,
programs for elementary and secondary grades, special education
programs, and support services. Accordingly, the school board
of a school district in which there are ten or more American
Indian children enrolled and each American Indian school shall
must establish a parent committee. If a committee whose
membership consists of a majority of parents of American Indian
children has been or is established according to federal,
tribal, or other state law, that committee may serve as the
committee required by this section and shall be is subject to,
at least, the requirements of this subdivision and subdivision
1a.
The parent committee shall must develop its recommendations
in consultation with the curriculum advisory committee required
by section 123.972, subdivision 3. This committee shall must
afford parents the necessary information and the opportunity
effectively to express their views concerning all aspects of
American Indian education and the educational needs of the
American Indian children enrolled in the school or program. The
committee shall must also address the need for adult education
programs for American Indian people in the community. The
school board or American Indian school shall must ensure that
programs are planned, operated, and evaluated with the
involvement of and in consultation with parents of children
served by the programs.
Sec. 150. Minnesota Statutes 1996, section 126.51,
subdivision 1a, is amended to read:
Subd. 1a. [RESOLUTION OF CONCURRENCE.] Each year by Prior
to December 1, the school board or American Indian school shall
must submit to the department of children, families, and
learning a copy of a resolution adopted by the parent
committee. The copy must be signed by the chair of the
committee and must state whether the committee concurs with the
educational programs for American Indian children offered by the
school board or American Indian school. If the committee does
not concur with the educational programs, the reasons for
nonconcurrence and recommendations shall be submitted with the
resolution. By resolution, the school board shall must respond,
in cases of nonconcurrence, to each recommendation made by the
committee and state its reasons for not implementing the
recommendations.
Sec. 151. Minnesota Statutes 1996, section 126.51,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The committee shall must be
composed of parents of children eligible to be enrolled in
American Indian education programs; secondary students eligible
to be served; American Indian language and culture education
teachers and aides; American Indian teachers; counselors; adult
American Indian people enrolled in educational programs; and
representatives from community groups. A majority of each
committee shall must be parents of children enrolled or eligible
to be enrolled in the programs. The number of parents of
American Indian and non-American Indian children shall reflect
approximately the proportion of children of those groups
enrolled in the programs.
Sec. 152. Minnesota Statutes 1996, section 126.52,
subdivision 5, is amended to read:
Subd. 5. [COMMUNITY INVOLVEMENT.] The state board shall
must provide for the maximum involvement of the state committees
on American Indian education, parents of American Indian
children, secondary students eligible to be served, American
Indian language and culture education teachers, American Indian
teachers, teachers' aides, representatives of community groups,
and persons knowledgeable in the field of American Indian
education, in the formulation of policy and procedures relating
to the administration of sections 126.45 to 126.55.
Sec. 153. Minnesota Statutes 1996, section 126.52,
subdivision 8, is amended to read:
Subd. 8. [TECHNICAL ASSISTANCE.] The commissioner shall
provide technical assistance to school districts, schools and
post-secondary institutions for preservice and in-service
training for American Indian education teachers and teacher's
aides, teaching methods, curriculum development, testing and
testing mechanisms, and the development of materials for
American Indian education programs.
Sec. 154. Minnesota Statutes 1996, section 126.531,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The state board of
education shall create one or more American Indian education
committees. Members shall must include representatives of
tribal bodies, community groups, parents of children eligible to
be served by the programs, American Indian administrators and
teachers, persons experienced in the training of teachers for
American Indian education programs, persons involved in programs
for American Indian children in American Indian schools, and
persons knowledgeable in the field of American Indian
education. Members shall be appointed so as to be
representative of significant segments of the population of
American Indians.
Sec. 155. Minnesota Statutes 1997 Supplement, section
126.531, subdivision 3, is amended to read:
Subd. 3. [EXPENSES.] Each committee shall must be
reimbursed for expenses according to section 15.059, subdivision
6. The state board shall must determine the membership terms
and the duration of each committee, which expire no later than
June 30, 2001.
Sec. 156. Minnesota Statutes 1996, section 126.54,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the
state board of education shall must make grants to no fewer than
six American Indian language and culture education programs. At
least three programs shall must be in urban areas and at least
three shall must be on or near reservations. The board of a
local district, a participating school or a group of boards may
develop a proposal for grants in support of American Indian
language and culture education programs. Proposals may provide
for contracts for the provision of program components by
nonsectarian nonpublic, community, tribal, or alternative
schools. The commissioner shall prescribe the form and manner
of application for grants, and no grant shall be made for a
proposal not complying with the requirements of sections 126.45
to 126.55. The state board shall must submit all proposals to
the state advisory task force on American Indian language and
culture education programs for its recommendations concerning
approval, modification, or disapproval and the amounts of grants
to approved programs.
Sec. 157. Minnesota Statutes 1996, section 126.54,
subdivision 2, is amended to read:
Subd. 2. [PLANS.] Each school district or participating
school submitting a proposal under subdivision 1 shall must
develop and submit with the proposal a plan which shall:
(a) Identify the measures to be used to meet the
requirements of sections 126.45 to 126.55;
(b) Identify the activities, methods and programs to meet
the identified educational needs of the children to be enrolled
in the program;
(c) Describe how district goals and objectives as well as
the objectives of sections 126.45 to 126.55 are to be achieved;
(d) Demonstrate that required and elective courses as
structured do not have a discriminatory effect within the
meaning of section 126.48, subdivision 5;
(e) Describe how each school program will be organized,
staffed, coordinated, and monitored; and
(f) Project expenditures for programs under sections 126.45
to 126.55.
Sec. 158. Minnesota Statutes 1996, section 126.54,
subdivision 3, is amended to read:
Subd. 3. [ADDITIONAL REQUIREMENTS.] Each school district
receiving a grant under this section shall must each year
conduct a count of American Indian children in the schools of
the district; test for achievement; identify the extent of other
educational needs of the children to be enrolled in the American
Indian language and culture education program; and classify the
American Indian children by grade, level of educational
attainment, age and achievement. Participating schools shall
must maintain records concerning the needs and achievements of
American Indian children served.
Sec. 159. Minnesota Statutes 1996, section 126.54,
subdivision 4, is amended to read:
Subd. 4. [NONDISCRIMINATION; TESTING.] In accordance with
recognized professional standards, all testing and evaluation
materials and procedures utilized for the identification,
testing, assessment and classification of American Indian
children shall must be selected and administered so as not to be
racially or culturally discriminatory and shall must be valid
for the purpose of identifying, testing, assessing, and
classifying American Indian children.
Sec. 160. Minnesota Statutes 1996, section 126.54,
subdivision 5, is amended to read:
Subd. 5. [RECORDS.] Participating schools and school
districts shall keep records and afford access to them as the
commissioner finds necessary to ensure that American Indian
language and culture education programs are implemented in
conformity with sections 126.45 to 126.55. Each school district
or participating school shall must keep accurate, detailed, and
separate revenue and expenditure accounts for pilot American
Indian language and culture education programs funded under this
section.
Sec. 161. Minnesota Statutes 1996, section 126.54,
subdivision 6, is amended to read:
Subd. 6. [MONEY FROM OTHER SOURCES.] A school district or
participating school providing American Indian language and
culture education programs shall be eligible to receive moneys
for these programs from other government agencies and from
private sources when the moneys are available.
Sec. 162. Minnesota Statutes 1996, section 126.56,
subdivision 6, is amended to read:
Subd. 6. [INFORMATION.] The higher education services
office, in cooperation with the academic excellence foundation,
shall must assemble and distribute information about
scholarships and eligible programs.
Sec. 163. [REPEALER.]
(a) Minnesota Statutes 1996, sections 124C.55; 124C.56;
124C.57; and 124C.58, are repealed.
(b) Minnesota Statutes 1996, section 124.312, as amended by
Laws 1997, First Special Session chapter 4, article 2, sections
13 and 14; Minnesota Statutes 1997 Supplement, sections 124.313;
and 124.314, are repealed effective for revenue for fiscal year
1999.
Sec. 164. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
120.03, subd. 1 120B.02, subd. 1
subd. 5 subd. 2
120.17, subd. 1 120B.03, subd. 1
subd. 1b subd. 2
subd. 2 subd. 3
subd. 3 subd. 4
subd. 3a subd. 5
subd. 3b subd. 6
subd. 3d subd. 7
subd. 4 subd. 8
subd. 4a subd. 9
subd. 5 subd. 10
subd. 5a subd. 11
subd. 6 subd. 12
subd. 7 subd. 13
subd. 7a subd. 14
subd. 8a subd. 15
subd. 9 subd. 16
subd. 10 subd. 17
subd. 11 subd. 18
subd. 15 subd. 19
subd. 16 subd. 20
subd. 18 subd. 21
subd. 19 subd. 22
120.1701, subd. 1 120B.04, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 5 subd. 5
subd. 6 subd. 6
subd. 7 subd. 7
subd. 8 subd. 8
subd. 8a subd. 9
subd. 9 subd. 10
subd. 10 subd. 11
subd. 11 subd. 12
subd. 12 subd. 13
subd. 13 subd. 14
subd. 14 subd. 15
subd. 15 subd. 16
subd. 16 subd. 17
subd. 17 subd. 18
subd. 18 subd. 19
subd. 19 subd. 20
subd. 20 subd. 21
subd. 21 subd. 22
subd. 22 subd. 23
120.172 120B.08
120.173 120B.09
120.181 120B.10
120.1811 120B.11
120.182 120B.12
120.183 120B.13
120.185 120B.14
126.237 120B.15
124.32, subd. 2b 120B.20, subd. 1
subd. 4 subd. 2
subd. 6 subd. 3
subd. 7 subd. 4
subd. 8 subd. 5
subd. 10 subd. 6
subd. 12 subd. 7
124.3201 120B.21
124.321 120B.22
124.322, subd. 1 120B.23, subd. 1
subd. 1a subd. 2
subd. 5 subd. 3
124.323 120B.24
124.90 120B.26
120.187 120B.30
120.188 120B.31
120.189 120B.32
120.190 120B.33
126.261 120B.40
126.262 120B.41
126.264 120B.42
126.265 120B.43
126.266 120B.44
126.267 120B.45
126.269 120B.46
124.273, subd. 1c 120B.47, subd. 1
subd. 1d subd. 2
subd. 1e subd. 3
subd. 1f subd. 4
subd. 1g subd. 5
subd. 3 subd. 6
subd. 4 subd. 7
subd. 5 subd. 8
subd. 6 subd. 9
subd. 7 subd. 10
124.3111 120B.50
124.311 120B.51
126.22, subd. 1 120B.57, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 3a subd. 4
subd. 4 subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
subd. 7 subd. 8
subd. 8 subd. 9
subd. 9 subd. 10
126.23 120B.58
124.225 120B.59
126.235 120B.61
124.573, subd. 1 120B.66, subd. 1
subd. 2 subd. 2
subd. 2b subd. 3
subd. 2e subd. 4
subd. 2f subd. 5
subd. 3 subd. 6
subd. 3a subd. 7
subd. 5a subd. 8
124.574, subd. 1 120B.67, subd. 1
subd. 2c subd. 2
subd. 2d subd. 3
subd. 2e subd. 4
subd. 2f subd. 5
subd. 2g subd. 6
subd. 2h subd. 7
subd. 5 subd. 8
subd. 6 subd. 9
subd. 7 subd. 10
subd. 9 subd. 11
126.45 120B.70
126.46 120B.71
126.47 120B.72
126.48 120B.73
126.49, subd. 1 120B.74, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
subd. 4 subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
subd. 7 subd. 8
subd. 8 subd. 9
126.50 120B.75
126.501 120B.76
126.51, subd. 1 120B.77, subd. 1
subd. 1a subd. 2
subd. 2 subd. 3
subd. 4 subd. 4
126.52, subd. 5 120B.78, subd. 1
subd. 8 subd. 2
subd. 9 subd. 3
126.531 120B.79
126.54 120B.80
126.55 120B.81
124.86 120B.82
124.48, subd. 1 120B.83, subd. 1
subd. 3 subd. 2
124.481 120B.84
126.43 120B.86
124.315 120B.88
124.227 120B.89
120.064, subd. 1 129B.90, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 4a subd. 5
subd. 5 subd. 6
subd. 7 subd. 7
subd. 8 subd. 8
subd. 9 subd. 9
subd. 10 subd. 10
subd. 11 subd. 11
subd. 12 subd. 12
subd. 13 subd. 13
subd. 14 subd. 14
subd. 14a subd. 15
subd. 15 subd. 16
subd. 16 subd. 17
subd. 17 subd. 18
subd. 18 subd. 19
subd. 19 subd. 20
subd. 20 subd. 21
subd. 20a subd. 22
subd. 21 subd. 23
subd. 22 subd. 24
subd. 23 subd. 25
subd. 24 subd. 26
124.248, subd. 1 120B.91, subd. 1
subd. 1a subd. 2
subd. 2 subd. 3
subd. 2a subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
subd. 5 subd. 7
subd. 6 subd. 8
126.239 120B.92
123.3513 120B.93
123.3514, subd. 1 120B.94, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 3a subd. 4
subd. 4 subd. 5
subd. 4a subd. 6
subd. 4b subd. 7
subd. 4c subd. 8
subd. 4d subd. 9
subd. 4e subd. 10
subd. 5 subd. 11
subd. 6 subd. 12
subd. 6a subd. 13
subd. 6b subd. 14
subd. 6c subd. 15
subd. 6d subd. 16
subd. 6e subd. 17
subd. 7 subd. 18
subd. 7a subd. 19
subd. 7b subd. 20
subd. 8 subd. 21
subd. 9 subd. 22
subd. 10 subd. 23
subd. 11 subd. 24
subd. 11a subd. 25
120.80 120B.95
126.56, subd. 1 120B.96, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 4a subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
subd. 7 subd. 8
ARTICLE 3
CHAPTER 120C
COMMUNITY EDUCATION
Section 1. [120C.01] [DEFINITIONS.]
For the purposes of this chapter, the words defined in
section 120.02 have the same meaning.
Sec. 2. Minnesota Statutes 1996, section 121.201, is
amended to read:
121.201 [HEARING IMPAIRED EDUCATIONAL SUPPORT SERVICES.]
Subdivision 1. [RESPONSIBILITY OF COMMISSIONER.] The
commissioner shall coordinate and may pay for support services
for hearing impaired persons to assure access to educational
opportunities. Services may be provided to adult students who
are hearing impaired and (a) (1) have been denied access to
educational opportunities because of the lack of support
services or (b) (2) are presently enrolled or (c) (3) are
contemplating enrollment in an educational program and would
benefit from support services. The commissioner shall also be
responsible for conducting in-service training for public and
private agencies regarding the needs of hearing impaired persons
in the adult education system.
Subd. 2. [SUPPORT SERVICES.] The state board may pay
school districts or public or private community agencies for the
following support services:
(a) (1) interpreter services to provide translation for an
individual or a group of students; or
(b) (2) notetaker services to convert spoken language to
written language when the student must maintain visual contact
with other persons such as an interpreter or instructor.
Subd. 3. [PROGRAMS INCLUDED.] Support services may be
provided for:
(a) (1) local school district adult education programs;
(b) (2) adult technical college programs; and
(c) (3) avocational education programs sponsored by public
or private community agencies.
Sec. 3. Minnesota Statutes 1996, section 121.203,
subdivision 1, is amended to read:
Subdivision 1. [AIDS PROGRAM.] The commissioner of
children, families, and learning, in consultation with the
commissioner of health, shall assist districts in developing and
implementing a program to prevent and reduce the risk of
acquired immune deficiency syndrome. Each district shall must
have a program that includes at least:
(1) planning materials, guidelines, and other technically
accurate and updated information;
(2) a comprehensive, technically accurate, and updated
curriculum;
(3) cooperation and coordination among districts and SCs;
(4) a targeting of adolescents, especially those who may be
at high risk of contracting AIDS, for prevention efforts;
(5) involvement of parents and other community members;
(6) in-service training for appropriate district staff and
school board members;
(7) collaboration with state agencies and organizations
having an AIDS prevention or AIDS risk reduction program;
(8) collaboration with local community health services,
agencies and organizations having an AIDS prevention or AIDS
risk reduction program; and
(9) participation by state and local student organizations.
The department may provide assistance at a neutral site to
a nonpublic school participating in a district's program.
District programs must not conflict with the health and wellness
curriculum developed under Laws 1987, chapter 398, article 5,
section 2, subdivision 7.
If a district fails to develop and implement a program to
prevent and reduce the risk of AIDS, the department shall must
assist the SC service cooperative in the region serving that
district to develop or implement the program.
Sec. 4. Minnesota Statutes 1997 Supplement, 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 is to promote vocational
student organizations and applied leadership opportunities in
Minnesota public and nonpublic schools through public-private
partnerships. The foundation shall be is a nonprofit
organization. The board of directors of the foundation and
activities of the foundation are under the direction of the
state board of education.
Sec. 5. Minnesota Statutes 1997 Supplement, 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
consists of:
(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. 6. Minnesota Statutes 1997 Supplement, section
121.615, subdivision 9, is amended to read:
Subd. 9. [PRIVATE FUNDING.] The foundation shall must seek
private resources to supplement the 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. 7. Minnesota Statutes 1997 Supplement, section
121.615, subdivision 10, is amended to read:
Subd. 10. [REPORT.] The board of directors of the
foundation shall must submit an annual report 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. 8. Minnesota Statutes 1996, section 121.615,
subdivision 11, is amended to read:
Subd. 11. [APPROPRIATION.] There is annually appropriated
to the foundation All the amounts received by the foundation
pursuant to this section are annually appropriated to the
foundation.
Sec. 9. Minnesota Statutes 1996, section 121.704, is
amended to read:
121.704 [YOUTH WORKS PROGRAM.]
The youth works program is established to fulfill the
purposes of section 121.701. The youth works program shall must
supplement existing programs and services. The program shall
must not displace existing programs and services, existing
funding of programs or services, or existing employment and
employment opportunities. No eligible organization may
terminate, layoff, or reduce the hours of work of an employee to
place or hire a program participant. No eligible organization
may place or hire an individual for a project if an employee is
on layoff from the same or a substantially equivalent position.
Sec. 10. Minnesota Statutes 1996, section 121.705,
subdivision 2, is amended to read:
Subd. 2. [GRANT AUTHORITY.] The commission and, beginning
January 1, 1997, the council shall must use any state
appropriation and any available federal funds, including any
grant received under federal law, to award grants to establish
programs for youth works meeting the requirements of section
121.706. At least one grant each must be available for a
metropolitan proposal, a rural proposal, and a statewide
proposal. If a portion of the suburban metropolitan area is not
included in the metropolitan grant proposal, the statewide grant
proposal must incorporate at least one suburban metropolitan
area. In awarding grants, the commission and, beginning January
1, 1997, the council may select at least one residential
proposal and one nonresidential proposal, provided the proposals
meet or exceed the criteria in section 121.706.
Sec. 11. Minnesota Statutes 1996, section 121.706, is
amended to read:
121.706 [GRANT APPLICATIONS.]
Subdivision 1. [APPLICATIONS REQUIRED.] An organization
seeking federal or state grant money under sections 121.704 to
121.709 shall prepare and submit to the commission and,
beginning January 1, 1997, the council an application that meets
the requirements of this section. The commission and, beginning
January 1, 1997, the council shall must develop, and the
applying organizations shall must comply with, the form and
manner of the application.
Subd. 2. [APPLICATION CONTENT.] An applicant on its
application shall must:
(1) propose a program to provide participants the
opportunity to perform community service to meet specific unmet
community needs, and participate in classroom, work-based, and
service-learning;
(2) assess the community's unmet educational, human,
environmental, and public safety needs, the resources and
programs available for meeting those needs, and how young people
participated in assessing community needs;
(3) describe the educational component of the program,
including classroom hours per week, classroom time for
participants to reflect on the program experience, and
anticipated academic outcomes related to the service experience;
(4) describe the work to be performed, the ratio of youth
participants to crew leaders and mentors, and the expectations
and qualifications for crew leaders and mentors;
(5) describe local funds or resources available to meet the
match requirements of section 121.709;
(6) describe any funds available for the program from
sources other than the requested grant;
(7) describe any agreements with local businesses to
provide participants with work-learning opportunities and
mentors;
(8) describe any agreement with local post-secondary
educational institutions to offer participants course credits
for their community service-learning experience;
(9) describe any agreement with a local high school or an
alternative learning center to provide remedial education,
credit for community service work and work-based learning, or
graduate equivalency degrees;
(10) describe any pay for service or other program delivery
mechanism that will provide reimbursement for benefits conferred
or recover costs of services participants perform;
(11) describe how local resources will be used to provide
support and assistance for participants to encourage them to
continue with the program, fulfill the terms of the contract,
and remain eligible for any postservice benefit;
(12) describe the arbitration mechanism for dispute
resolution required under section 121.707, subdivision 2;
(13) describe involvement of community leaders in
developing broad-based support for the program;
(14) describe the consultation and sign-off process to be
used with any local labor organization representing employees in
the area engaged in work similar to that proposed for the
program to ensure that no current employees or available
employment positions will be displaced by program participants;
(15) certify to the commission and, beginning January 1,
1997, the council, and to any certified bargaining
representatives representing employees of the applying
organization that the project will not decrease employment
opportunities that would be available without the project; will
not displace current employees including any partial
displacement in the form of reduced hours of work other than
overtime, wages, employment benefits, or regular seasonal work;
will not impair existing labor agreements; and will not result
in the substitution of project funding for preexisting funds or
sources of funds for ongoing work;
(16) describe the length of the required service period,
which may not be less than six months or more than two years, a
method to incorporate a participant's readiness to advance or
need for postservice financial assistance into individual
service requirements, and any opportunity for participating part
time or in another program;
(17) describe a program evaluation plan that contains
cost-effectiveness measures, measures of participant success
including educational accomplishments, job placements, community
contributions, and ongoing volunteer activities, outcome
measures based on a preprogram and postprogram survey of
community rates of arrest, incarceration, teenage pregnancy, and
other indicators of youth in trouble, and a list of local
resources dedicated to reducing these rates;
(18) describe a three-year financial plan for maintaining
the program;
(19) describe the role of local youth in developing all
aspects of the grant proposal; and
(20) describe the process by which the local private
industry council participated in, and reviewed the grant
application.
Sec. 12. Minnesota Statutes 1996, section 121.707,
subdivision 3, is amended to read:
Subd. 3. [POSTSERVICE BENEFIT.] (a) Each eligible
organization shall must agree to provide to every participant
who fulfills the terms of a contract under section 121.707,
subdivision 2, a nontransferable postservice benefit. The
benefit must be not less than $4,725 per year of full-time
service or prorated for part-time service or for partial service
of at least 900 hours. Upon signing a contract under section
121.707, subdivision 2, each eligible organization shall must
deposit funds to cover the full amount of postservice benefits
obligated, except for national education awards that are
deposited in the national service trust fund. Funds encumbered
in fiscal years 1994 and 1995 for postservice benefits shall
must be available until the participants for whom the funds were
encumbered are no longer eligible to draw benefits.
(b) Nothing in this subdivision prevents a grantee
organization from using funds from nonfederal or nonstate
sources to increase the value of postservice benefits above the
value described in paragraph (a).
(c) The higher education services office shall must
establish an account for depositing funds for postservice
benefits received from eligible organizations. If a participant
does not complete the term of service or, upon successful
completion of the program, does not use a postservice benefit
according to subdivision 4 within seven years, the amount of the
postservice benefit shall must be refunded to the eligible
organization or, at the organization's discretion, dedicated to
another eligible participant. Interest earned on funds
deposited in the postservice benefit account is appropriated to
the higher education services office for the costs of
administering the postservice benefits accounts.
(d) The state shall must provide an additional postservice
benefit to any participant who successfully completes the
program. The benefit must be a credit of five points to be
added to the competitive open rating of a participant who
obtains a passing grade on a civil service examination under
chapter 43A. The benefit is available for five years after
completing the community service.
Sec. 13. Minnesota Statutes 1996, section 121.707,
subdivision 4, is amended to read:
Subd. 4. [USES OF POSTSERVICE BENEFITS.] (a) A postservice
benefit for a participant provided under subdivision 3,
paragraph (a), (b), or (c), must be available for seven years
after completing the program and may only be used for:
(1) paying a student loan;
(2) costs of attending an institution of higher education;
or
(3) expenses incurred by a student in an approved youth
apprenticeship program under chapter 126B, or in a registered
apprenticeship program approved by the department of labor and
industry.
Financial assistance provided under this subdivision must be in
the form of vendor payments whenever possible. Any postservice
benefits provided by federal funds or vouchers may be used as a
downpayment on, or closing costs for, purchasing a first home.
(b) Postservice benefits are to be used to develop skills
required in occupations where numbers of jobs are likely to
increase. The commission, in consultation with the workforce
development council, and beginning January 1, 1997, the
workforce development council, shall must determine how the
benefits may be used in order to best prepare participants with
skills that build on their service-learning and equip them for
meaningful employment.
(c) The postservice benefit shall must not be included in
determining financial need when establishing eligibility or
award amounts for financial assistance programs under chapter
136A.
Sec. 14. Minnesota Statutes 1996, section 121.707,
subdivision 5, is amended to read:
Subd. 5. [LIVING ALLOWANCE.] (a) A participant in a
full-time community service program shall receive a monthly
stipend of not less than $500. An eligible organization may
provide participants with additional amounts from nonstate
sources. The amount of the living allowance may be prorated for
part-time participants.
(b) Nothing in this subdivision requires an existing
program to decrease any stipend, salary, or living allowance
provided to a participant under the program.
(c) In addition to the living allowance provided under
paragraph (a), a grantee organization shall provide health and
child care coverage to each participant in a full-time youth
works program who does not otherwise have access to health or
child care coverage. The state shall must include the cost of
group health and child care coverage in the grant to the
eligible organization.
Sec. 15. Minnesota Statutes 1996, section 121.707,
subdivision 6, is amended to read:
Subd. 6. [PROGRAM TRAINING.] (a) The commission and,
beginning January 1, 1997, the council shall must, within
available resources, ensure an opportunity for each participant
to have three weeks of training in a residential setting. If
offered, each training session must:
(1) orient each participant in the nature, philosophy, and
purpose of the program;
(2) build an ethic of community service through general
community service training; and
(3) provide additional training as it determines necessary.
(b) Each grantee organization shall also train participants
in skills relevant to the community service opportunity.
Sec. 16. Minnesota Statutes 1996, section 121.707,
subdivision 7, is amended to read:
Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each
grantee organization shall must assess the educational level of
each entering participant. Each grantee shall work to enhance
the educational skills of each participant. The commission and,
beginning January 1, 1997, the council may coordinate or
contract with educational institutions or other providers for
educational services and evaluation. All grantees shall give
priority to educating and training participants who do not have
a high school diploma or its equivalent, or who cannot afford
post-secondary training and education.
Sec. 17. Minnesota Statutes 1996, section 121.708, is
amended to read:
121.708 [PRIORITY.]
The commission and, beginning January 1, 1997, the council
shall must give priority to an eligible organization proposing a
program that meets the goals of sections 121.704 to 121.707, and
that:
(1) involves youth in a meaningful way in all stages of the
program, including assessing community needs, preparing the
application, and assuming postservice leadership and mentoring
responsibilities;
(2) serves a community with significant unmet needs;
(3) provides an approach that is most likely to reduce
arrest rates, incarceration rates, teenage pregnancy, and other
indicators of troubled youth;
(4) builds linkages with existing, successful programs; and
(5) can be operational quickly.
Sec. 18. Minnesota Statutes 1996, section 121.710,
subdivision 2, is amended to read:
Subd. 2. [INTERIM REPORT.] The commission and, beginning
January 1, 1997, the council shall must report semiannually to
the legislature with interim recommendations to change the
program.
Sec. 19. Minnesota Statutes 1996, section 121.710,
subdivision 3, is amended to read:
Subd. 3. [FINAL REPORT.] The commission and, beginning
January 1, 1997, the council shall must present a final report
to the legislature by January 1, 1998, summarizing grantee
evaluations, reporting on individual participants and
participating grantee organizations, and recommending any
changes to improve or expand the program.
Sec. 20. Minnesota Statutes 1997 Supplement, section
121.831, subdivision 3, is amended to read:
Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness
program shall must include the following:
(1) a comprehensive plan to anticipate and meet the needs
of participating families by coordinating existing social
services programs and by fostering collaboration among agencies
or other community-based organizations and programs that provide
a full range of flexible, family-focused services to families
with young children;
(2) a development and learning component to help children
develop appropriate social, cognitive, and physical skills, and
emotional well-being;
(3) health referral services to address children's medical,
dental, mental health, and nutritional needs;
(4) a nutrition component to meet children's daily
nutritional needs;
(5) parents' involvement in meeting children's educational,
health, social service, and other needs;
(6) community outreach to ensure participation by families
who represent the racial, cultural, and economic diversity of
the community;
(7) community-based staff and program resources, including
interpreters, that reflect the racial and ethnic characteristics
of the children participating in the program; and
(8) a literacy component to ensure that the literacy needs
of parents are addressed through referral to and cooperation
with adult basic education programs and other adult literacy
programs.
Sec. 21. Minnesota Statutes 1996, section 121.831,
subdivision 6, is amended to read:
Subd. 6. [COORDINATION WITH OTHER PROVIDERS.] (a) The
district shall must coordinate the learning readiness program
with existing community-based social services providers and
foster collaboration among agencies and other community-based
organizations and programs that provide flexible, family-focused
services to families with children. The district shall must
actively encourage greater sharing of responsibility and
accountability among service providers and facilitate children's
transition between programs.
(b) To the extent possible, resources shall must follow the
children so that children receive appropriate services in a
stable environment and are not moved from one program location
to another. Where geographically feasible, the district shall
must actively promote colocating of services for children and
their families.
Sec. 22. Minnesota Statutes 1996, section 121.831,
subdivision 7, is amended to read:
Subd. 7. [ADVISORY COUNCIL.] Each learning readiness
program shall must have an advisory council composed of members
of existing early education-related boards, parents of
participating children, child care providers, culturally
specific service organizations, local resource and referral
agencies, and representatives of early childhood service
providers. The council shall must advise the school board in
creating and administering the program and shall must monitor
the progress of the program. The council shall must ensure that
children at greatest risk receive appropriate services. If
the school board is unable to appoint to the advisory council
members of existing early education-related boards, it shall
must appoint parents of children enrolled in the program who
represent the racial, cultural, and economic diversity of the
district and representatives of early childhood service
providers as representatives to an existing advisory council.
Sec. 23. Minnesota Statutes 1996, section 121.831,
subdivision 8, is amended to read:
Subd. 8. [PRIORITY CHILDREN.] The district shall must give
greatest priority to providing services to eligible children
identified, through a means such as the early childhood
screening process, as being developmentally disadvantaged or
experiencing risk factors that could impede their learning
readiness.
Sec. 24. Minnesota Statutes 1996, section 121.831,
subdivision 9, is amended to read:
Subd. 9. [CHILD RECORDS.] (a) A record of a child's
progress and development shall must be maintained in the child's
cumulative record while enrolled in the learning readiness
program. The cumulative record shall must be used for the
purpose of planning activities to suit individual needs and
shall become part of the child's permanent record. The
cumulative record is private data under chapter 13. Information
in the record may be disseminated to an educator or service
provider only to the extent that that person has a need to know
the information.
(b) An educator or service provider may transmit
information in the child's cumulative record to an educator or
service provider in another program for young children when the
child applies to enroll in that other program.
Sec. 25. Minnesota Statutes 1996, section 121.831,
subdivision 10, is amended to read:
Subd. 10. [SUPERVISION.] A program provided by a school
board shall must be supervised by a licensed early childhood
teacher, a certified early childhood educator, or a licensed
parent educator. A program provided according to a contract
between a school district and a nonprofit organization or
another private organization shall must be supervised and
staffed according to the terms of the contract.
Sec. 26. Minnesota Statutes 1996, section 121.831,
subdivision 11, is amended to read:
Subd. 11. [DISTRICT STANDARDS.] The school board of the
district shall must develop standards for the learning readiness
program that reflect the eligibility criteria in subdivision 3.
The board shall must consider including in the standards the
program characteristics in subdivision 4.
Sec. 27. Minnesota Statutes 1996, section 121.831,
subdivision 12, is amended to read:
Subd. 12. [PROGRAM FEES.] A district may adopt a sliding
fee schedule based on a family's income but shall must waive a
fee for a participant unable to pay. The fees charged must be
designed to enable eligible children of all socioeconomic levels
to participate in the program.
Sec. 28. Minnesota Statutes 1996, section 121.835,
subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION.] The commissioner of children,
families, and learning shall give priority to funding existing
programs.
To the extent possible, the commissioner shall award grants
to applicants with experience or demonstrated ability in
providing comprehensive, multidisciplinary, community-based
programs with objectives similar to those listed in subdivision
2, or in providing other human services or social services
programs using a multidisciplinary, community-based approach.
Sec. 29. Minnesota Statutes 1996, section 121.835,
subdivision 5, is amended to read:
Subd. 5. [APPLICATIONS.] Each grant application must
propose a five-year program designed to accomplish the purposes
of this section. The application must be submitted on forms
provided by the commissioner of children, families, and
learning. The grant application must include:
(1) a description of the specific neighborhoods that will
be served under the program and the name, address, and a
description of each community agency or agencies with which the
applicant intends to contract to provide services using grant
money;
(2) a letter of intent from each community agency
identified in clause (1) that indicates the agency's willingness
to participate in the program and approval of the proposed
program structure and components;
(3) a detailed description of the structure and components
of the proposed program and an explanation of how each component
will contribute to accomplishing the purposes of this section;
(4) a description of how public and private resources,
including schools, health care facilities, government agencies,
neighborhood organizations, and other resources, will be
coordinated and made accessible to families in target
neighborhoods, including letters of intent from public and
private agencies indicating their willingness to cooperate with
the program;
(5) a detailed, proposed budget that demonstrates the
ability of the program to accomplish the purposes of this
section using grant money and other available resources,
including funding sources other than a grant; and
(6) a comprehensive evaluation plan for measuring the
success of the program in meeting the objectives of the overall
grant program and the individual grant project, including an
assessment of the impact of the program in terms of at least
three of the following criteria:
(i) utilization rates of community services;
(ii) availability of support systems for families;
(iii) birth weights of newborn babies;
(iv) child accident rates;
(v) utilization rates of prenatal care;
(vi) reported rates of child abuse;
(vii) rates of health screening and evaluation; and
(viii) school readiness of way to grow participants
compared to nonparticipants.
Sec. 30. Minnesota Statutes 1996, section 121.835,
subdivision 7, is amended to read:
Subd. 7. [ADVISORY COMMITTEES.] The commissioner of
children, families, and learning shall establish a program
advisory committee consisting of persons knowledgeable in child
development, child health, and family services, who reflect the
geographic, cultural, racial, and ethnic diversity of the state;
and representatives of the commissioners of children, families,
and learning, human services, and health. This program advisory
committee shall must review grant applications, assist in
distribution of the grants, and monitor progress of the way to
grow/school readiness program. Each grantee must establish a
program advisory board of 12 or more members to advise the
grantee on program design, operation, and evaluation. The board
must include representatives of local units of government and
representatives of the project area who reflect the geographic,
cultural, racial, and ethnic diversity of that community.
Sec. 31. Minnesota Statutes 1996, section 121.835,
subdivision 8, is amended to read:
Subd. 8. [REPORT.] The advisory committee shall must
report to the education committee of the legislature by January
15, 1993, on the evaluation required in subdivision 5, clause
(6), and shall make recommendations for establishing successful
way to grow programs in unserved areas of the state.
Sec. 32. Minnesota Statutes 1996, section 121.8355,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) Each collaborative shall must:
(1) establish, with assistance from families and service
providers, clear goals for addressing the health, developmental,
educational, and family-related needs of children and youth and
use outcome-based indicators to measure progress toward
achieving those goals;
(2) establish a comprehensive planning process that
involves all sectors of the community, identifies local needs,
and surveys existing local programs;
(3) integrate service funding sources so that children and
their families obtain services from providers best able to
anticipate and meet their needs;
(4) coordinate families' services to avoid duplicative and
overlapping assessment and intake procedures;
(5) focus primarily on family-centered services;
(6) encourage parents and volunteers to actively
participate by using flexible scheduling and actively recruiting
volunteers;
(7) provide services in locations that are readily
accessible to children and families;
(8) use new or reallocated funds to improve or enhance
services provided to children and their families;
(9) identify federal, state, and local institutional
barriers to coordinating services and suggest ways to remove
these barriers; and
(10) design and implement an integrated local service
delivery system for children and their families that coordinates
services across agencies and is client centered. The delivery
system shall provide a continuum of services for children birth
to age 18, or birth through age 21 for individuals with
disabilities. The collaborative shall describe the community
plan for serving pregnant women and children from birth to age
six.
(b) The outcome-based indicators developed in paragraph
(a), clause (1), may include the number of low birth weight
babies, the infant mortality rate, the number of children who
are adequately immunized and healthy, require out-of-home
placement or long-term special education services, and the
number of minor parents.
Sec. 33. Minnesota Statutes 1996, section 121.8355,
subdivision 3, is amended to read:
Subd. 3. [INTEGRATED LOCAL SERVICE DELIVERY SYSTEM.] A
collaborative shall must design an integrated local service
delivery system that coordinates funding streams and the
delivery of services between existing agencies. The integrated
local service delivery system may:
(1) improve outreach and early identification of children
and families in need of services and intervene across service
systems on behalf of families;
(2) offer an inclusive service system that supports all
families within a community;
(3) coordinate services that eliminate the need to match
funding streams, provider eligibilities, or clients with
multiple providers;
(4) improve access to services by coordinating
transportation services;
(5) provide initial outreach to all new mothers and
periodic family visits to children who are potentially at risk;
(6) coordinate assessment across systems to determine which
children and families need coordinated multiagency services and
supplemental services;
(7) include multiagency service plans and coordinate
unitary case management; and
(8) integrate funding of services.
Sec. 34. Minnesota Statutes 1996, section 121.8355,
subdivision 5, is amended to read:
Subd. 5. [LOCAL PLANS.] The collaborative plan shall must
describe how the collaborative will carry out the duties and
implement the integrated local services delivery system required
under this section. The plan shall must include a list of the
collaborative participants, a copy of the agreement required
under subdivision 1, the amount and source of resources each
participant will contribute to the integrated fund, and methods
for increasing local participation in the collaborative,
involving parents and other community members in implementing
and operating the collaborative, and providing effective
outreach services to all families with young children in the
community. The plan shall must also include specific goals that
the collaborative intends to achieve and methods for objectively
measuring progress toward meeting the goals.
Sec. 35. Minnesota Statutes 1996, section 121.8355,
subdivision 6, is amended to read:
Subd. 6. [PLAN APPROVAL BY THE CHILDREN'S CABINET.] (a)
The children's cabinet shall must approve local plans for
collaboratives. In approving local plans, the children's
cabinet shall must give highest priority to a plan that provides:
(1) early intervention and family outreach services;
(2) family visitation services;
(3) a continuum of services for children from birth to age
18;
(4) family preservation services;
(5) culturally sensitive approaches for delivering services
and utilizing culturally specific organizations;
(6) clearly defined outcomes and valid methods of
assessment;
(7) effective service coordination;
(8) participation by the maximum number of jurisdictions
and local, county, and state funding sources;
(9) integrated community service providers and local
resources;
(10) integrated transportation services;
(11) integrated housing services; and
(12) coordinated services that include a children's mental
health collaborative authorized by law.
(b) The children's cabinet shall must ensure that the
collaboratives established under this section do not conflict
with any state or federal policy or program and do not
negatively impact the state budget.
Sec. 36. Minnesota Statutes 1996, section 121.88,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL.] Each board shall must provide
for an advisory council to consist of members who represent:
various service organizations; churches; public and nonpublic
schools; local government including elected officials; public
and private nonprofit agencies serving youth and families;
parents; youth; park, recreation or forestry services of
municipal or local government units located in whole or in part
within the boundaries of the school district; and any other
groups participating in the community education program in the
school district.
Sec. 37. Minnesota Statutes 1996, section 121.88,
subdivision 3, is amended to read:
Subd. 3. [COOPERATION.] The council shall must function in
cooperation with the community education director in an advisory
capacity in the interest of promoting the goals and objectives
of sections 121.85 to 121.88.
Sec. 38. Minnesota Statutes 1996, section 121.88,
subdivision 4, is amended to read:
Subd. 4. [DUPLICATION POLICY.] Each council shall must
adopt a policy to reduce and eliminate program duplication
within the district.
Sec. 39. Minnesota Statutes 1996, section 121.88,
subdivision 6, is amended to read:
Subd. 6. [PROGRAMS FOR ADULTS WITH DISABILITIES.] A school
board may offer, as part of a community education program, a
program for adults with disabilities. Boards are encouraged to
offer programs cooperatively with other districts and
organizations. Programs may not be limited to district
residents. Programs may include:
(1) services enabling the adults to participate in
community activities or community education classes;
(2) classes specifically for adults with disabilities;
(3) outreach activities to identify adults needing service;
(4) activities to increase public awareness of the roles of
people with disabilities;
(5) activities to enhance the role of people with
disabilities in the community; and
(6) other direct and indirect services and activities
benefiting adults with disabilities.
Sec. 40. Minnesota Statutes 1996, section 121.88,
subdivision 7, is amended to read:
Subd. 7. [PROGRAM APPROVAL.] To be eligible for revenue
for the program for adults with disabilities, a program and
budget must receive approval from the community education
section in the department of children, families, and learning.
Approval may be for five years. During that time, a school
board must report any significant changes to the department for
approval. For programs offered cooperatively, the request for
approval must include an agreement on the method by which local
money is to be derived and distributed. A request for approval
must include all of the following:
(1) characteristics of the people to be served;
(2) description of the program services and activities;
(3) program budget and amount of aid requested;
(4) participation by adults with disabilities in developing
the program;
(5) assessment of the needs of adults with disabilities;
and
(6) cooperative efforts with community organizations.
Sec. 41. Minnesota Statutes 1996, section 121.88,
subdivision 9, is amended to read:
Subd. 9. [YOUTH SERVICE PROGRAMS.] A school board may
offer, as part of a community education program with a youth
development program, a youth service program that provides young
people with meaningful opportunities to become involved in their
community, develop individual capabilities, make career
connections, seek support networks and services, become active
citizens, and address community needs through youth service.
The school board may award up to one credit, or the equivalent,
toward graduation for a pupil who completes the youth service
requirements of the district. The community education advisory
council, after considering the results of the commissioner's
study under section 121.885, subdivision 1, shall must design
the program in cooperation with the district planning,
evaluating and reporting committee and local organizations that
train volunteers or need volunteers' services. Programs must
include:
(1) preliminary training for pupil volunteers conducted,
when possible, by organizations experienced in such training;
(2) supervision of the pupil volunteers to ensure
appropriate placement and adequate learning opportunity;
(3) sufficient opportunity, in a positive setting for human
development, for pupil volunteers to develop general skills in
preparation for employment, to enhance self-esteem and
self-worth, and to give genuine service to their community;
(4) integration of academic learning with the service
experience; and
(5) integration of youth community service with elementary
and secondary curriculum.
Youth service projects include, but are not limited to, the
following:
(1) human services for the elderly, including home care and
related services;
(2) tutoring and mentoring;
(3) training for and providing emergency services;
(4) services at extended day programs;
(5) environmental services; and
(6) service-learning programs in which schools, including
post-secondary schools, and employers work together with young
people to provide them with meaningful opportunities for
community service and with the academic and technical skills
that employers require.
The commissioner shall maintain a list of acceptable
projects with a description of each project. A project that is
not on the list must be approved by the commissioner.
A youth service project must have a community sponsor that
may be a governmental unit or nonprofit organization. To assure
that pupils provide additional services, each sponsor must
assure that pupil services do not displace employees or reduce
the workload of any employee.
The commissioner must shall assist districts in planning
youth service programs, implementing programs, and developing
recommendations for obtaining community sponsors.
Sec. 42. Minnesota Statutes 1997 Supplement, section
121.88, subdivision 10, is amended to read:
Subd. 10. [EXTENDED DAY PROGRAMS.] (a) A school board may
offer, as part of a community education program, an extended day
program for children from kindergarten through grade 6 for the
purpose of expanding students' learning opportunities. A
program must include the following:
(1) adult supervised programs while school is not in
session;
(2) parental involvement in program design and direction;
(3) partnerships with the K-12 kindergarten through grade
12 system, and other public, private, or nonprofit entities; and
(4) opportunities for trained secondary school pupils to
work with younger children in a supervised setting as part of a
community service program.
(b) The district may charge a sliding fee based upon family
income for extended day programs. The district may receive
money from other public or private sources for the extended day
program. The school board of the district shall must develop
standards for school age child care programs. Districts with
programs in operation before July 1, 1990, must adopt standards
before October 1, 1991. All other districts must adopt
standards within one year after the district first offers
services under a program authorized by this subdivision. The
state board of education may not adopt rules for extended day
programs.
(c) The district shall maintain a separate account within
the community services fund for all funds related to the
extended day program.
Sec. 43. Minnesota Statutes 1996, section 121.882,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A district that provides a
community education program under sections 121.85 to 121.88 may
establish an early childhood family education program. Two or
more districts, each of which provides a community education
program, may cooperate to jointly provide an early childhood
family education program.
Sec. 44. Minnesota Statutes 1997 Supplement, section
121.882, subdivision 2, is amended to read:
Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family
education programs are programs for children in the period of
life from birth to kindergarten, for the parents of such
children, and for expectant parents. The programs may include
the following:
(1) programs to educate parents about the physical, mental,
and emotional development of children;
(2) programs to enhance the skills of parents in providing
for their children's learning and development;
(3) learning experiences for children and parents that
promote children's development;
(4) activities designed to detect children's physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(5) activities and materials designed to encourage
self-esteem, skills, and behavior that prevent sexual and other
interpersonal violence;
(6) educational materials which may be borrowed for home
use;
(7) information on related community resources;
(8) programs to prevent child abuse and neglect;
(9) other programs or activities to improve the health,
development, and learning readiness of children; or
(10) activities designed to maximize development during
infancy.
The programs shall must not include activities for children
that do not require substantial involvement of the children's
parents. The programs shall must be reviewed periodically to
assure the instruction and materials are not racially,
culturally, or sexually biased. The programs shall must
encourage parents to be aware of practices that may affect
equitable development of children.
Sec. 45. Minnesota Statutes 1996, section 121.882,
subdivision 2b, is amended to read:
Subd. 2b. [HOME VISITING PROGRAM.] (a) The commissioner of
children, families, and learning shall include as part of the
early childhood family education programs a parent education
component to prevent child abuse and neglect. This parent
education component must include:
(1) expanding statewide the home visiting component of the
early childhood family education programs;
(2) training parent educators, child educators, community
outreach workers, and home visitors in the dynamics of child
abuse and neglect and positive parenting and discipline
practices; and
(3) developing and disseminating education and public
information materials that promote positive parenting skills and
prevent child abuse and neglect.
(b) The parent education component must:
(1) offer to isolated or at-risk families home visiting
parent education services that at least address parenting
skills, a child's development and stages of growth,
communication skills, managing stress, problem-solving skills,
positive child discipline practices, methods of improving
parent-child interactions and enhancing self-esteem, using
community support services and other resources, and encouraging
parents to have fun with and enjoy their children;
(2) develop a risk assessment tool to determine the
family's level of risk;
(3) establish clear objectives and protocols for home
visits;
(4) determine the frequency and duration of home visits
based on a risk-need assessment of the client, with home visits
beginning in the second trimester of pregnancy and continuing,
based on client need, until a child is six years old;
(5) encourage families to make a transition from home
visits to site-based parenting programs to build a family
support network and reduce the effects of isolation;
(6) develop and distribute education materials on
preventing child abuse and neglect that may be used in home
visiting programs and parent education classes and distributed
to the public;
(7) initially provide at least 40 hours of training and
thereafter ongoing training for parent educators, child
educators, community outreach workers, and home visitors that
covers the dynamics of child abuse and neglect, domestic
violence and victimization within family systems, signs of abuse
or other indications that a child may be at risk of being abused
or neglected, what child abuse and neglect are, how to properly
report cases of child abuse and neglect, respect for cultural
preferences in child rearing, what community resources, social
service agencies, and family support activities and programs are
available, child development and growth, parenting skills,
positive child discipline practices, identifying stress factors
and techniques for reducing stress, home visiting techniques,
and risk assessment measures;
(8) provide program services that are community-based,
accessible, and culturally relevant; and
(9) foster collaboration among existing agencies and
community-based organizations that serve young children and
their families.
(c) Home visitors should reflect the demographic
composition of the community the home visitor is serving to the
extent possible.
Sec. 46. Minnesota Statutes 1996, section 121.882,
subdivision 3, is amended to read:
Subd. 3. [SEPARATE ACCOUNTS.] The district shall must
maintain a separate account within the community education fund
for money for early childhood family education programs.
Sec. 47. Minnesota Statutes 1996, section 121.882,
subdivision 7, is amended to read:
Subd. 7. [DISTRICT ADVISORY COUNCILS.] The school
board shall must appoint an advisory council from the area in
which the program is provided. A majority of the council shall
must be parents participating in the program. The council shall
must assist the board in developing, planning, and monitoring
the early childhood family education program. The council shall
must report to the school board and the community education
advisory council.
Sec. 48. Minnesota Statutes 1996, section 121.882,
subdivision 7a, is amended to read:
Subd. 7a. [ALTERNATIVE COUNCIL.] A school board may direct
the community education council, required according to section
121.88, subdivision 2, to perform the functions of the advisory
council for early childhood family education.
Sec. 49. Minnesota Statutes 1996, section 121.882,
subdivision 8, is amended to read:
Subd. 8. [TEACHERS.] A school board shall must employ
necessary qualified teachers for its early childhood family
education programs.
Sec. 50. Minnesota Statutes 1996, section 121.882,
subdivision 9, is amended to read:
Subd. 9. [ASSISTANCE.] The department of children,
families, and learning shall must provide assistance to
districts with programs described in this section. The
department must establish guidelines that list barriers to
learning and development affecting children served by early
childhood family education programs.
Sec. 51. Minnesota Statutes 1996, section 121.885,
subdivision 1, is amended to read:
Subdivision 1. [SERVICE-LEARNING AND WORK-BASED LEARNING
PROGRAMS STUDY.] The governor's workforce development council
shall must assist the commissioner of children, families, and
learning in studying how to combine community service activities
and service-learning with work-based learning programs.
Sec. 52. Minnesota Statutes 1996, section 121.885,
subdivision 4, is amended to read:
Subd. 4. [PROGRAMS FOLLOWING YOUTH COMMUNITY SERVICE.] (a)
The Minnesota commission on national and community service in
cooperation with the governor's workforce development council,
the commissioner and the higher education services office, shall
provide for those participants who successfully complete youth
community service under sections 121.704 to 121.709, the
following:
(1) for those who have a high school diploma or its
equivalent, an opportunity to participate in a youth
apprenticeship program at a community or technical college; and
(2) for those who are post-secondary students, an
opportunity to participate in an educational program that
supplements post-secondary courses leading to a degree or a
statewide credential of academic and occupational proficiency.
(b) Participants who successfully complete a youth
community service program under sections 121.704 to 121.710 are
eligible to receive an education voucher as provided under
section 121.707, subdivision 4. The voucher recipient may apply
the voucher toward the cost of the recipient's tuition and other
education-related expenses at a post-secondary school under
paragraph (a).
(c) The governor's workforce development council, in
cooperation with the board of trustees of the Minnesota state
colleges and universities, shall must establish a mechanism to
transfer credit earned in a youth apprenticeship program between
the technical colleges and other post-secondary institutions
offering applied associate degrees.
Sec. 53. Minnesota Statutes 1997 Supplement, section
123.35, subdivision 8, is amended to read:
Subd. 8. [EVENING SCHOOLS; ADULT AND CONTINUING
EDUCATION.] The board may establish and maintain public evening
schools and adult and continuing education programs and such.
The evening schools and adult and continuing education
programs when so maintained shall by the board must be available
to all persons over 16 years of age who, from any cause, are
unable to attend the full-time elementary or secondary schools
of such district.
Sec. 54. Minnesota Statutes 1996, section 123.70,
subdivision 2, is amended to read:
Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has
commenced a treatment schedule of immunization pursuant to
subdivision 1, clause (2), may remain enrolled in any child care
facility, elementary, or secondary school in this state after 18
months of enrollment unless there is submitted to the
administrator, or other person having general control and
supervision of the school or child care facility, a statement
from a physician or a public clinic which provides immunizations
that the person has completed the primary schedule of
immunizations for diphtheria, tetanus, pertussis, and polio and
in which the month and year of each additional immunization
received is included. The statement must include the month and
year of each additional immunization received. For a child less
than seven years of age, a primary schedule of immunizations
shall consist of four doses of vaccine for diphtheria, tetanus,
and pertussis and three doses of vaccine for poliomyelitis. For
a child seven years of age or older, a primary schedule of
immunizations shall consist of three doses of vaccine for
diphtheria, tetanus, and polio.
Sec. 55. Minnesota Statutes 1996, section 123.70,
subdivision 4, is amended to read:
Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] A person who
is enrolling or enrolled in an elementary or secondary school or
child care facility may substitute a statement from the
emancipated person or a parent or guardian if the person is a
minor child in lieu of the statement from a physician or public
clinic which provides immunizations. If the statement is from a
parent or guardian or emancipated person, the statement shall
must indicate the month and year of each immunization given. In
order for the statement to be acceptable for a person who is
enrolling in an elementary school and who is six years of age or
younger, it must indicate that the following was given: no less
than one dose of vaccine each for measles, mumps, and rubella
given separately or in combination, and no less than four doses
of vaccine for poliomyelitis, unless the third dose was given
after the fourth birthday, then three doses are minimum, and no
less than five doses of vaccine for diphtheria, tetanus, and
pertussis, unless the fourth dose was given after the fourth
birthday, then four are minimum. In order for the statement to
be acceptable for a person who is enrolling in an elementary or
secondary school and is age seven through age 19, the statement
must indicate that the person has received no less than one dose
of vaccine each for measles, mumps, and rubella given separately
or in combination and consistent with subdivision 10, and no
less than three doses of vaccine for poliomyelitis, diphtheria,
and tetanus.
In order for the statement to be acceptable for a person
who is enrolling in a secondary school, and who was born after
1956 and is 20 years of age or older, the statement must
indicate that the person has received no less than one dose of
vaccine each for measles, mumps, and rubella given separately or
in combination, and no less than one dose of vaccine for
diphtheria and tetanus within the preceding ten years. In order
for the statement to be acceptable for a person who is enrolling
in a child care facility and who is at least 15 months old but
who has not reached five years of age, it must indicate that the
following were given: no less than one dose of vaccine each for
measles, mumps, and rubella given separately or in combination;
no less than one dose of vaccine for haemophilus influenza type
b; no less than four doses of vaccine for diphtheria, tetanus,
and pertussis; and no less than three doses of vaccine for
poliomyelitis. In order for the statement to be acceptable for
a person who is enrolling in a child care facility and who is
five or six years of age, it must indicate that the following
was given: no less than one dose of vaccine each for measles,
mumps, and rubella given separately or in combination, no less
than four doses of vaccine for diphtheria, tetanus, and
pertussis, and no less than three doses of vaccine for
poliomyelitis. In order for the statement to be acceptable for
a person who is enrolling in a child care facility and who is
seven years of age or older, the statement must indicate that
the person has received no less than one dose of vaccine each
for measles, mumps, and rubella given separately or in
combination and consistent with subdivision 10, and no less than
three doses of vaccine for poliomyelitis, diphtheria, and
tetanus. The commissioner of health, on finding that any of the
above requirements are not necessary to protect the public's
health, may suspend for one year that requirement.
Sec. 56. Minnesota Statutes 1996, section 123.70,
subdivision 8, is amended to read:
Subd. 8. [REPORT.] The administrator or other person
having general control and supervision of the elementary or
secondary school shall file a report with the commissioner of
children, families, and learning on all persons enrolled in the
school, except that. The superintendent of each school district
shall file a report with the commissioner of children, families,
and learning for all persons within the district receiving
instruction in a home school in compliance with sections 120.101
and 120.102. The parent of persons receiving instruction in a
home school shall submit the statements as required by
subdivisions 1, 2, 3, and 4 to the superintendent of the school
district in which the person resides by October 1 of each school
year. The school report shall must be prepared on forms
developed jointly by the commissioner of health and the
commissioner of children, families, and learning and be
distributed to the local school districts by the commissioner of
health and shall. The school report must state the number of
persons attending the school, the number of persons who have not
been immunized according to subdivision 1 or 2, and the number
of persons who received an exemption under subdivision 3, clause
(c) or (d). The school report shall must be filed with the
commissioner of children, families, and learning within 60 days
of the commencement of each new school term. Upon request, a
district shall must be given a 60-day extension for filing the
school report. The commissioner of children, families, and
learning shall forward the report, or a copy thereof, to the
commissioner of health who shall provide summary reports to
boards of health as defined in section 145A.02, subdivision 2.
The administrator or other person having general control and
supervision of the child care facility shall file a report with
the commissioner of human services on all persons enrolled in
the child care facility. The child care facility report must be
prepared on forms developed jointly by the commissioner of
health and the commissioner of human services and be distributed
to child care facilities by the commissioner of health and. The
child care facility report must state the number of persons
enrolled in the facility, the number of persons with no
immunizations, the number of persons who received an exemption
under subdivision 3, clause (c) or (d), and the number of
persons with partial or full immunization histories. The child
care facility report shall must be filed with the commissioner
of human services by November 1 of each year. The commissioner
of human services shall forward the report, or a copy thereof,
to the commissioner of health who shall provide summary reports
to boards of health as defined in section 145A.02, subdivision
2. The report required by this subdivision is not required of a
family child care or group family child care facility, for
prekindergarten children enrolled in any elementary or secondary
school provided services according to section 120.17,
subdivision 2, nor for child care facilities in which at least
75 percent of children in the facility participate on a one-time
only or occasional basis to a maximum of 45 hours per child, per
month.
Sec. 57. Minnesota Statutes 1996, section 123.702,
subdivision 1, is amended to read:
Subdivision 1. [EARLY CHILDHOOD DEVELOPMENTAL SCREENING.]
Every school board shall must provide for a mandatory program of
early childhood developmental screening for children once before
school entrance, targeting children who are between 3-1/2 and
four years old. This screening program shall must be
established either by one board, by two or more boards acting in
cooperation, by service cooperatives, by early childhood family
education programs, or by other existing programs. This
screening examination is a mandatory requirement for a student
to continue attending kindergarten or first grade in a public
school. A child need not submit to developmental screening
provided by a school board if the child's health records
indicate to the school board that the child has received
comparable developmental screening from a public or private
health care organization or individual health care provider.
The school Districts are encouraged to reduce the costs of
preschool developmental screening programs by utilizing
volunteers in implementing the program.
Sec. 58. Minnesota Statutes 1996, section 123.702,
subdivision 1b, is amended to read:
Subd. 1b. [SCREENING PROGRAM.] (a) A screening program
shall must include at least the following components:
developmental assessments, hearing and vision screening or
referral, immunization review and referral, the child's height
and weight, identification of risk factors that may influence
learning, an interview with the parent about the child, and
referral for assessment, diagnosis, and treatment when potential
needs are identified. The school district and the person
performing or supervising the screening shall must provide a
parent or guardian with clear written notice that the parent or
guardian may decline to answer questions or provide information
about family circumstances that might affect development and
identification of risk factors that may influence learning. The
notice shall must clearly state that declining to answer
questions or provide information does not prevent the child from
being enrolled in kindergarten or first grade if all other
screening components are met. If a parent or guardian is not
able to read and comprehend the written notice, the school
district and the person performing or supervising the screening
must convey the information in another manner. The notice shall
must also inform the parent or guardian that a child need not
submit to the school district screening program if the child's
health records indicate to the school that the child has
received comparable developmental screening performed within the
preceding 365 days by a public or private health care
organization or individual health care provider. The notice
shall must be given to a parent or guardian at the time the
district initially provides information to the parent or
guardian about screening and shall must be given again at the
screening location.
(b) All screening components shall be consistent with the
standards of the state commissioner of health for early
developmental screening programs. No A developmental screening
program shall must not provide laboratory tests or a physical
examination to any child. The school district shall must
request from the public or private health care organization or
the individual health care provider the results of any
laboratory test or physical examination within the 12 months
preceding a child's scheduled screening.
(c) If a child is without health coverage, the school
district shall must refer the child to an appropriate health
care provider.
(d) A school board may offer additional components such as
nutritional, physical and dental assessments, review of family
circumstances that might affect development, blood pressure,
laboratory tests, and health history.
(e) If a statement signed by the child's parent or guardian
is submitted to the administrator or other person having general
control and supervision of the school that the child has not
been screened because of conscientiously held beliefs of the
parent or guardian, the screening is not required.
Sec. 59. Minnesota Statutes 1996, section 123.702,
subdivision 2, is amended to read:
Subd. 2. [FOLLOW-UP SCREENING.] If any child's screening
indicates a condition which requires diagnosis or treatment, the
child's parents shall be notified of the condition and
the school board shall ensure that an appropriate follow-up and
referral process is available.
Sec. 60. Minnesota Statutes 1996, section 123.702,
subdivision 3, is amended to read:
Subd. 3. [DEVELOPMENTAL SCREENING PROGRAM INFORMATION.]
The school board shall must inform each resident family with a
child eligible to participate in the developmental screening
program about the availability of the program and the state's
requirement that a child receive developmental screening not
later than 30 days after the first day of attending kindergarten
in a public school.
Sec. 61. Minnesota Statutes 1996, section 123.702,
subdivision 4, is amended to read:
Subd. 4. [DEVELOPMENTAL SCREENING SERVICES.] A school
board may contract with or purchase service from an approved
early developmental screening program in the area.
Developmental screening must be conducted by either an
individual who is licensed as, or has training that is similar
to a special education teacher, school psychologist,
kindergarten teacher, prekindergarten teacher, school nurse,
public health nurse, registered nurse, or physician. The
individual may be a volunteer.
Sec. 62. Minnesota Statutes 1996, section 123.702,
subdivision 4a, is amended to read:
Subd. 4a. [SCREENING RECORD.] The school district
shall must provide the parent or guardian of the child screened
with a record indicating the month and year the child received
developmental screening and the results of the screening. The
district shall must keep a duplicate copy of the record of each
child screened.
Sec. 63. Minnesota Statutes 1996, section 123.702,
subdivision 5, is amended to read:
Subd. 5. [VOLUNTEER SCREENING PROGRAMS.] Every school
board shall must integrate and utilize volunteer screening
programs in implementing sections 123.702 to 123.7045 wherever
possible.
Sec. 64. Minnesota Statutes 1996, section 123.702,
subdivision 6, is amended to read:
Subd. 6. [HEALTH CARE PROVIDER SOCIETIES.] A school board
may consult with local societies of health care providers.
Sec. 65. Minnesota Statutes 1996, section 123.702,
subdivision 7, is amended to read:
Subd. 7. [PRIORITY TO VOLUNTEERS.] In selecting personnel
to implement the screening program, the school district shall
must give priority first to qualified volunteers.
Sec. 66. Minnesota Statutes 1996, section 123.704, is
amended to read:
123.704 [DATA USE.]
Data on individuals collected in screening programs
established pursuant to section 123.702 is private, as defined
by section 13.02, subdivision 12. Individual and summary data
shall must be reported to the school district by the health
provider who performs the screening services, for the purposes
of developing appropriate educational programs to meet the
individual needs of children and designing appropriate health
education programs for the district; provided,. No data on an
individual shall be disclosed to the district without the
consent of that individual's parent or guardian.
Sec. 67. Minnesota Statutes 1996, section 123.7045, is
amended to read:
123.7045 [DEVELOPMENTAL SCREENING AID.]
Each school year, the state shall must pay a school
district $25 for each child screened according to the
requirements of section 123.702. If this amount of aid is
insufficient, the district may permanently transfer from the
general fund an amount that, when added to the aid, is
sufficient.
Sec. 68. Minnesota Statutes 1996, section 124.255, is
amended to read:
124.255 [SCHOOL ENRICHMENT PARTNERSHIP PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The school enrichment
partnership program is established. The purpose of the program
is to encourage school districts to expand the involvement of
the private sector in the delivery of academic programs. The
program will provide matching state funds for those provided by
the private sector.
Subd. 2. [REVENUE ELIGIBILITY.] A school district or group
of school districts is eligible to receive state aid under this
program. Districts may enter into joint agreements to provide
programs or make expenditures under this section. The
limitations under this subdivision shall apply to these programs
or expenditures as if they were operated by a single district.
A district may receive $1 of state aid for each $2 raised from
the private sector. The private match must be in the form of
cash. Specific types of noncash support may be considered for
the private match. State aid is limited to the lesser of
$75,000 or $10 per pupil unit per district.
Subd. 3. [REVENUE MANAGEMENT.] The use of the state and
private funds provided under this section is under the general
control of the school board. The board may establish, without
using state funds or public employees, a separate foundation to
directly manage the funds. The private funds must be used to
acquire instructional or noninstructional academic materials of
a capital nature including, but not limited to, textbooks,
globes, maps, and other academic material. The funds may shall
not be used for salaries or other employee benefits.
Subd. 4. [PROCEDURES; REPORT.] The Minnesota academic
excellence foundation, under the direction of the commissioner
of children, families, and learning, shall must establish
application forms, guidelines, procedures, and timelines for the
distribution of state aid. The commissioner may require
reporting necessary to evaluate the program. Measures of
success will include numbers of partnerships and funds raised;
numbers of school foundations formed; and demonstrated linkages
of partnerships to improved instructional delivery resulting in
increased student learning.
Subd. 5. [RESULTS-ORIENTED CHARTER SCHOOLS.]
Notwithstanding section 124.248, subdivision 4, paragraph (b), a
results-oriented charter school is eligible to participate in
the program under this section as if it were a school district.
Sec. 69. Minnesota Statutes 1996, section 124.26,
subdivision 1c, is amended to read:
Subd. 1c. [PROGRAM APPROVAL.] (a) To receive aid under
this section, a district, a consortium of districts, or a
private nonprofit organization must submit an application by
June 1 describing the program, on a form provided by the
department. The program must be approved by the commissioner
according to the following criteria:
(1) how the needs of different levels of learning will be
met;
(2) for continuing programs, an evaluation of results;
(3) anticipated number and education level of participants;
(4) coordination with other resources and services;
(5) participation in a consortium, if any, and money
available from other participants;
(6) management and program design;
(7) volunteer training and use of volunteers;
(8) staff development services;
(9) program sites and schedules; and
(10) program expenditures that qualify for aid.
(b) The commissioner may grant adult basic education funds
to a private, nonprofit organization to provide services that
are not offered by a district or that are supplemental to a
district's program. The program provided under this provision
must be approved and funded according to the same criteria used
for district programs.
(c) Adult basic education programs may be approved under
this subdivision for up to five years. Five-year program
approval shall must be granted to an applicant who has
demonstrated the capacity to:
(1) offer comprehensive learning opportunities and support
service choices appropriate for and accessible to adults at all
basic skill need levels;
(2) provide a participatory and experiential learning
approach based on the strengths, interests, and needs of each
adult, that enables adults with basic skill needs to:
(i) identify, plan for, and evaluate their own progress
toward achieving their defined educational and occupational
goals;
(ii) master the basic academic reading, writing, and
computational skills, as well as the problem-solving, decision
making, interpersonal effectiveness, and other life and learning
skills they need to function effectively in a changing society;
(iii) locate and be able to use the health, governmental,
and social services and resources they need to improve their own
and their families' lives; and
(iv) continue their education, if they desire, to at least
the level of secondary school completion, with the ability to
secure and benefit from continuing education that will enable
them to become more employable, productive, and responsible
citizens;
(3) plan, coordinate, and develop cooperative agreements
with community resources to address the needs that the adults
have for support services, such as transportation, flexible
course scheduling, convenient class locations, and child care;
(4) collaborate with business, industry, labor unions, and
employment-training agencies, as well as with family and
occupational education providers, to arrange for resources and
services through which adults can attain economic
self-sufficiency;
(5) provide sensitive and well trained adult education
personnel who participate in local, regional, and statewide
adult basic education staff development events to master
effective adult learning and teaching techniques;
(6) participate in regional adult basic education peer
program reviews and evaluations; and
(7) submit accurate and timely performance and fiscal
reports.
Sec. 70. Minnesota Statutes 1997 Supplement, section
124.26, subdivision 2, is amended to read:
Subd. 2. [ACCOUNTS; REVENUE; AID.] Each district, group of
districts, or private nonprofit organization providing adult
basic education programs shall must establish and maintain
accounts separate from all other district accounts for the
receipt and disbursement of all funds related to these
programs. All revenue received pursuant to this section shall
must be utilized solely for the purposes of adult basic
education programs. In no case shall Federal and state aid plus
levy must not equal more than 100 percent of the actual cost of
providing these programs.
Sec. 71. Minnesota Statutes 1997 Supplement, section
124.2601, subdivision 6, is amended to read:
Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any
adult basic education program that receives less state aid under
subdivisions 3 and 7 than from the aid formula for fiscal year
1992 shall must receive the amount of aid it received in fiscal
year 1992.
(b) For 1995, 1996, and 1997 fiscal years, an adult basic
education program that receives aid shall must receive at least
the amount of aid it received in fiscal year 1992 under
subdivisions 3 and 7, plus aid equal to the amount of revenue
that would have been raised for taxes payable in 1994 under
Minnesota Statutes 1992, section 124.2601, subdivision 4, minus
the amount raised under subdivision 4.
(c) For fiscal year 1998, any adult basic education program
that receives less state aid than in fiscal year 1997 shall
receive additional aid equal to 80 percent of the difference
between its 1997 aid and the amount of aid under subdivision 5.
For fiscal year 1999 and later, additional aid under this
paragraph must be reduced by 20 percent each year.
Sec. 72. Minnesota Statutes 1996, section 124.2601,
subdivision 7, is amended to read:
Subd. 7. [PRORATION.] If the total appropriation for adult
basic education aid is insufficient to pay all approved programs
the full amount of aid earned, the department of children,
families, and learning shall must proportionately reduce each
approved program's aid.
Sec. 73. Minnesota Statutes 1996, section 124.2605, is
amended to read:
124.2605 [GED TEST FEES.]
The commissioner of children, families, and learning shall
pay 60 percent of the fee that is charged to an eligible
individual for the full battery of a GED test, but not more than
$20 for an eligible individual.
Sec. 74. Minnesota Statutes 1997 Supplement, section
124.2615, subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to
receive learning readiness aid if the program plan as required
by subdivision 1 has been approved by the commissioner of
children, families, and learning.
(b) For fiscal year 1998 and thereafter, a district
shall must receive learning readiness aid equal to:
(1) the number of eligible four-year old children in the
district times the ratio of 50 percent of the total learning
readiness aid for that year to the total number of eligible
four-year old children reported to the commissioner for that
year; plus
(2) the number of pupils enrolled in the school district
from families eligible for the free or reduced school lunch
program times the ratio of 50 percent of the total learning
readiness aid for that year to the total number of pupils in the
state from families eligible for the free or reduced school
lunch program.
Sec. 75. Minnesota Statutes 1996, section 124.2615,
subdivision 4, is amended to read:
Subd. 4. [SEPARATE ACCOUNTS.] The district shall must
deposit learning readiness aid in a separate account within the
community education fund.
Sec. 76. Minnesota Statutes 1996, section 124.2711, as
amended by Laws 1997, chapter 162, article 1, sections 6 and 7,
is amended to read:
124.2711 [EARLY CHILDHOOD FAMILY EDUCATION REVENUE.]
Subdivision 1. [REVENUE.] The revenue for early childhood
family education programs for a school district equals $101.25
for 1998 and $113.50 for 1999 and later fiscal years times the
greater of:
(1) 150; or
(2) the number of people under five years of age residing
in the school district on October 1 of the previous school year.
Subd. 2. [POPULATION.] For the purposes of subdivision 1,
data reported to the department of children, families, and
learning may be used to determine the number of people under
five years of age residing in the district. The commissioner,
with the assistance of the state demographer, shall review the
number reported by any district operating an early childhood
family education program. If requested, the district shall
submit to the commissioner an explanation of its methods and
other information necessary to document accuracy. If the
commissioner determines that the district has not provided
sufficient documentation of accuracy, the commissioner may
request the state demographer to prepare an estimate of the
number of people under five years of age residing in the
district and may use this estimate for the purposes of
subdivision 1.
Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To
obtain early childhood family education revenue, a district may
levy an amount equal to the tax rate of .653 percent times the
adjusted tax capacity of the district for the year preceding the
year the levy is certified. If the amount of the early
childhood family education levy would exceed the early childhood
family education revenue, the early childhood family education
levy shall must equal the early childhood family education
revenue.
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] If a
district complies with the provisions of section 121.882, it
shall must receive early childhood family education aid equal to
the difference between the early childhood family education
revenue and the early childhood family education levy. If the
district does not levy the entire amount permitted, the early
childhood family education aid shall must be reduced in
proportion to the actual amount levied.
Subd. 4. [USE OF REVENUE RESTRICTED.] Early childhood
family education revenue may be used only for early childhood
family education programs. Not more than five percent of early
childhood family education revenue may be used to administer
early childhood family education programs. The increase in
revenue for fiscal years 1992 and 1993 shall be used to:
(1) increase participation of families so that the total
participation in early childhood family education programs in
the district more nearly reflects the demographic, racial,
cultural, and ethnic diversity of the district; and
(2) provide programs for families who, because of poverty
and other barriers to learning, may need programs designed to
meet their needs.
Subd. 5. [HOME VISITING LEVY.] A school district that
enters into a collaborative agreement to provide education
services and social services to families with young children may
levy an amount equal to $1.60 times the number of people under
five years of age residing in the district on September 1 of the
last school year. Levy revenue under this subdivision shall
must not be included as revenue under subdivision 1. The
revenue shall must be used for home visiting programs under
section 121.882, subdivision 2b.
Subd. 6. [RESERVE ACCOUNT.] Early childhood family
education revenue, which includes aids, levies, fees, grants,
and all other revenues received by the school district for early
childhood family education programs, must be maintained in a
reserve account within the community service fund.
Sec. 77. Minnesota Statutes 1996, section 124.2713,
subdivision 7, is amended to read:
Subd. 7. [COMMUNITY EDUCATION AID.] A district's community
education aid is the difference between its community education
revenue and the community education levy. If the district does
not levy the entire amount permitted, the community education
aid shall must be reduced in proportion to the actual amount
levied.
Sec. 78. Minnesota Statutes 1997 Supplement, section
124.2713, subdivision 8, is amended to read:
Subd. 8. [USES OF GENERAL REVENUE.] (a) General community
education revenue may be used for:
(1) nonvocational, recreational, and leisure time
activities and programs;
(2) programs for adults with disabilities, if the programs
and budgets are approved by the department of children,
families, and learning;
(3) adult basic education programs, according to section
124.26;
(4) summer programs for elementary and secondary pupils;
(5) implementation of a youth development plan;
(6) implementation of a youth service program;
(7) early childhood family education programs, according to
section 121.882; and
(8) extended day programs, according to section 121.88,
subdivision 10.
(9) In addition to money from other sources, a district may
use up to ten percent of its community education revenue for
equipment that is used exclusively in community education
programs. This revenue may be used only for the following
purposes:
(i) to purchase or lease computers and related materials;
(ii) to purchase or lease equipment for instructional
programs; and
(iii) to purchase textbooks and library books.
(b) General community education revenue must not be used to
subsidize the direct activity costs for adult enrichment
programs. Direct activity costs include, but are not limited
to, the cost of the activity leader or instructor, cost of
materials, or transportation costs.
Sec. 79. Minnesota Statutes 1996, section 124.2715,
subdivision 3, is amended to read:
Subd. 3. [LEVY.] A district may levy for a program for
adults with disabilities an amount up to the amount designated
in subdivision 2. In the case of a program offered by a group
of districts, the levy amount shall must be apportioned among
the districts according to the agreement submitted to the
department of children, families, and learning.
Sec. 80. Minnesota Statutes 1996, section 124.2716,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A school district that
offers an extended day program according to section 121.88,
subdivision 10, is eligible for extended day revenue for the
additional costs of providing services to children with
disabilities or to children experiencing family or related
problems of a temporary nature who participate in the extended
day program.
Sec. 81. Minnesota Statutes 1996, section 124.2716,
subdivision 2, is amended to read:
Subd. 2. [EXTENDED DAY REVENUE.] The extended day revenue
for an eligible school district equals the approved additional
cost of providing services to children with disabilities or
children experiencing family or related problems of a temporary
nature who participate in the extended day program.
Sec. 82. Minnesota Statutes 1996, section 124.276,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A school district that has a
family connections program, according to sections 125.70 to
125.705, for one or more of its teachers is eligible for aid to
extend the teaching contract of a family connections teacher.
Sec. 83. Minnesota Statutes 1996, section 124.276,
subdivision 3, is amended to read:
Subd. 3. [COMMISSIONER APPROVAL.] The commissioner may
approve plans and applications for districts throughout the
state for family connections aid. Application procedures and
deadlines shall be established by The commissioner shall
establish application procedures and deadlines.
Sec. 84. Minnesota Statutes 1996, section 124C.12,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] An applicant for revenue may be
any one of the following:
(1) a school district located in a city of the first class
offering a program in cooperation with other districts or by
itself, in one or more areas in the district or in the entire
district;
(2) at least two cooperating school districts located in
the seven-county metropolitan area but not located in a city of
the first class;
(3) a group of school districts that are all members of the
same education district;
(4) an education district;
(5) a group of cooperating school districts none of which
are members of any education district; or
(6) a school district.
Sec. 85. Minnesota Statutes 1996, section 125.702, is
amended to read:
125.702 [PROGRAM SELECTION.]
Subdivision 1. [AUTHORIZATION.] A school district or group
of districts may establish an improved learning program.
Subd. 2. [RULES AND RIGHTS.] The state board of education
may waive school district compliance with its rules which would
prevent implementation of an improved learning program.
Participation in an improved learning program as a
principal-teacher, counselor-teacher, or career teacher shall
must not affect seniority in the district or rights under the
applicable collective bargaining agreement.
Subd. 3. [ADDITIONAL FUNDING.] A school district providing
an improved learning program may receive funds for the program
from private sources and governmental agencies, including state
or federal funds.
Sec. 86. Minnesota Statutes 1996, section 125.703, is
amended to read:
125.703 [ADVISORY COUNCIL.]
The school board of a district providing a family
connections program shall must appoint an advisory council.
Council members shall must be selected from the school
attendance area in which programs are provided. Members of the
council may include students, teachers, principals,
administrators and community members. A majority of the members
shall must be parents with children participating in the local
program. The local advisory council shall must advise the
school board in the development, coordination, supervision, and
review of the career teacher program. The council shall must
meet at least two times each year with any established community
education advisory council in the district. Members of the
council may be members of the community education advisory
council. The council shall must report to the school board.
Sec. 87. Minnesota Statutes 1996, section 125.704,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY COMPONENTS.] A family
connections program shall must include:
(1) participation by a designated individual as a career
teacher, principal-teacher, or counselor teacher;
(2) an emphasis on each individual child's unique learning
and development needs;
(3) procedures to give the career teacher a major
responsibility for leadership of the instructional and
noninstructional activities of each child beginning with early
childhood family education;
(4) procedures to involve parents in the learning and
development experiences of their children;
(5) procedures to implement outcome based education by
focusing on the needs of the learner;
(6) procedures to coordinate and integrate the
instructional program with all community education programs;
(7) procedures to concentrate career teacher programs at
sites that provide early childhood family education and
subsequent learning and development programs; and
(8) procedures for the district to fund the program.
Sec. 88. Minnesota Statutes 1996, section 125.705,
subdivision 1, is amended to read:
Subdivision 1. [STATUS.] A family connections program may
include a career teacher, principal-teacher, and counselor
teacher component. The career teacher, principal-teacher, and
counselor teacher shall must not be the exclusive teacher for
students assigned to them but shall serve as a primary teacher
and perform the function of developing and implementing a
student's overall learning and development program. The career
teacher, principal-teacher, and counselor teacher may be
responsible for regular assignments as well as learning and
development programs for other assigned students.
Sec. 89. Minnesota Statutes 1996, section 125.705,
subdivision 3, is amended to read:
Subd. 3. [STAFF/STUDENT RATIO.] (a) Except as provided in
clause (b), one career teacher, principal-teacher, or counselor
teacher shall be assigned for every 125 students. For each
special education student included in the assignment, the 1:125
ratio shall must be reduced by one.
(b) One principal-teacher shall be assigned for every 50
students when the principal-teacher is also the principal of the
school.
Sec. 90. Minnesota Statutes 1996, section 125.705,
subdivision 4, is amended to read:
Subd. 4. [SELECTION; RENEWAL.] (a) The school board
shall must establish procedures for teachers, principals, and
counselors to apply for the position of career teacher,
principal-teacher, or counselor teacher. The authority for
selection of career teachers, principal-teachers, and counselor
teachers shall be is vested in the board and no individual shall
have a right to employment as a career teacher,
principal-teacher, or counselor teacher based on seniority or
order of employment in the district.
(b) Employment of the career teacher, principal-teacher,
and counselor teacher may be on a 12-month basis with vacation
time negotiated individually with the board. The annual
contract of a career teacher, principal-teacher, or counselor
teacher may not be renewed, as the board shall see fit;
provided, however,. The board shall must give any such
teacher whose contract as a career teacher, principal-teacher,
or counselor teacher it declines to renew for the following year
written notice to that effect before April 15. If the board
fails to renew the contract of a career teacher,
principal-teacher, or counselor teacher, that individual shall
must be reinstated to another position in the district if
eligible pursuant to section 125.12 or 125.17.
Sec. 91. Minnesota Statutes 1996, section 125.705,
subdivision 5, is amended to read:
Subd. 5. [DUTIES.] The career teacher, principal-teacher,
and counselor teacher shall be is responsible for:
(1) the overall education, learning, and development plan
of assigned students. This plan shall be designed by The career
teacher, principal-teacher, and counselor teacher must design
this plan with the student, parents, and other faculty,
and shall must seek to maximize the learning and development
potential and maturation level of each pupil;
(2) measuring the proficiency of the assigned students and
assisting other staff in identifying pupil needs and making
appropriate educational and subject groupings;
(3) when part of the district's plan, taking responsibility
for the parent and early childhood education of assigned
students;
(4) designing and being responsible for program components
which meet special learning needs of high potential and talented
students;
(5) coordinating the ongoing, year-to-year learning and
development program for assigned students; and
(6) developing learning and development portfolios.
Sec. 92. Minnesota Statutes 1997 Supplement, 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, 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 service
cooperatives;
(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. 93. Minnesota Statutes 1996, section 126.78,
subdivision 4, is amended to read:
Subd. 4. [GRANT PROCEEDS.] A successful applicant
shall must use the grant money to develop and implement or to
continue a violence prevention program according to the terms of
the grant application.
Sec. 94. Minnesota Statutes 1996, section 126.84,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning, in consultation with the
commissioner of human services, shall make male responsibility
and fathering grants to youth or parenting programs that
collaborate with school districts to educate young people,
particularly males ages ten to 21, on the responsibilities of
parenthood.
Sec. 95. Minnesota Statutes 1996, section 126.84,
subdivision 3, is amended to read:
Subd. 3. [EXPECTED OUTCOMES.] Grant recipients shall must
use the funds for programs designed to prevent teen pregnancy
and to prevent crime in the long term. Recipient programs must
assist youth to:
(1) understand the connection between sexual behavior,
adolescent pregnancy, and the roles and responsibilities of
marriage and parenting;
(2) understand the long-term responsibility of fatherhood;
(3) understand the importance of fathers in the lives of
children;
(4) acquire parenting skills and knowledge of child
development; and
(5) find community support for their roles as fathers and
nurturers of children.
Sec. 96. Minnesota Statutes 1996, section 126.84,
subdivision 4, is amended to read:
Subd. 4. [GRANT APPLICATIONS.] (a) An application for a
grant may be submitted by a youth or parenting program whose
purpose is to reduce teen pregnancy or teach child development
and parenting skills in collaboration with a school district.
Each grant application must include a description of the
program's structure and components, including collaborative and
outreach efforts; an implementation and evaluation plan to
measure the program's success; a plan for using males as
instructors and mentors; and a cultural diversity plan to ensure
that staff or teachers will reflect the cultural backgrounds of
the population served and that the program content is culturally
sensitive.
(b) Grant recipients must, at a minimum, provide education
in responsible parenting and child development, responsible
decision-making related to marriage and relationships, and the
legal implications of paternity. Grant recipients also must
provide public awareness efforts in the collaborating school
district. Grant recipients may offer support groups, health and
nutrition education, and mentoring and peer teaching.
(c) A grant applicant must establish an advisory committee
to assist the applicant in planning and implementation of a
grant. The advisory committee must include student
representatives, adult males from the community, representatives
of community organizations, teachers, parent educators, and
representatives of family social service agencies.
Sec. 97. Minnesota Statutes 1996, section 126.84,
subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATION.] The commissioner of children,
families, and learning shall administer male responsibility and
fathering grants. The commissioner shall establish a grant
review committee composed of teachers and representatives of
community organizations, student organizations, and education or
family social service agencies that offer parent education
programs.
Sec. 98. Minnesota Statutes 1996, section 126A.01, is
amended to read:
126A.01 [ENVIRONMENTAL EDUCATION GOALS AND PLAN.]
The environmental education program described in this
chapter section and section 126A.06 has these goals for the
pupils and other citizens of this state:
(a) Pupils and citizens should be able to apply informed
decision-making processes to maintain a sustainable lifestyle.
In order to do so, citizens should:
(1) understand ecological systems;
(2) understand the cause and effect relationship between
human attitudes and behavior and the environment;
(3) be able to evaluate alternative responses to
environmental issues before deciding on alternative courses of
action; and
(4) understand the effects of multiple uses of the
environment.
(b) Pupils and citizens shall have access to information
and experiences needed to make informed decisions about actions
to take on environmental issues.
(c) For the purposes of this chapter section and section
126A.06, "state plan" means "Greenprint for Minnesota: A State
Plan for Environmental Education."
Sec. 99. Minnesota Statutes 1996, section 126B.01,
subdivision 2, is amended to read:
Subd. 2. [FUNDING.] Work-based learning programs
incorporating post-secondary instruction implemented under this
chapter section and sections 126B.03 to 126B.10 shall provide
for student funding according to section 123.3514.
Sec. 100. Minnesota Statutes 1996, section 126B.01,
subdivision 4, is amended to read:
Subd. 4. [PARTNERSHIP GRANTS.] The council shall must
award grants to implement local education and employment
transition systems to local education and employment transition
partnerships established under section 126B.10. Grants under
this section may be used for the local education and employment
transitions system, youth apprenticeship and other work-based
learning programs, youth employer programs, youth
entrepreneurship programs, and other programs and purposes the
council determines fulfill the purposes of the education and
employment transitions system. The council shall must evaluate
grant proposals on the basis of the elements required in the
local plan described in section 126B.10, subdivision 3. The
council shall must develop and publicize the grant application
process and review and comment on the proposals submitted.
Priority in awarding grants must be given to local partnerships
that include multiple communities and a viable base of
educational, work-based learning, and employment opportunities.
Sec. 101. Minnesota Statutes 1996, section 126B.10, is
amended to read:
126B.10 [EDUCATION AND EMPLOYMENT TRANSITIONS
PARTNERSHIPS.]
Subdivision 1. [LOCAL PARTNERSHIPS; ESTABLISHMENT.] Local
education and employment transitions partnerships may be
established to implement local education and employment
transitions systems. Local partnerships shall must represent
multiple sectors in the community, including, at a minimum,
representatives of employers, primary and secondary education,
labor and professional organizations, workers, learners,
parents, community-based organizations, and to the extent
possible, post-secondary education.
Subd. 2. [BOARD.] A local education and employment
transitions partnership shall must establish a governing board
for planning and implementing work-based and other applied
learning programs. The board shall must consist of at least one
representative from each member of the education and employment
transitions partnership. A majority of the board must consist
of representatives of local or regional employers.
Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS
SYSTEMS.] A local education and employment transitions
partnership shall must assess the needs of employers, employees,
and learners, and develop a plan for implementing and achieving
the objectives of a local or regional education and employment
transitions system. The plan shall must provide for a
comprehensive local system for assisting learners and workers in
making the transition from school to work or for retraining in a
new vocational area. The objectives of a local education and
employment transitions system include:
(1) increasing the effectiveness of the educational
programs and curriculum of elementary, secondary, and
post-secondary schools and the work site in preparing students
in the skills and knowledge needed to be successful in the
workplace;
(2) implementing learner outcomes for students in grades
kindergarten through 12 designed to introduce the world of work
and to explore career opportunities, including nontraditional
career opportunities;
(3) eliminating barriers to providing effective integrated
applied learning, service-learning, or work-based curriculum;
(4) increasing opportunities to apply academic knowledge
and skills, including skills needed in the workplace, in local
settings which include the school, school-based enterprises,
post-secondary institutions, the workplace, and the community;
(5) increasing applied instruction in the attitudes and
skills essential for success in the workplace, including
cooperative working, leadership, problem-solving, and respect
for diversity;
(6) providing staff training for vocational guidance
counselors, teachers, and other appropriate staff in the
importance of preparing learners for the transition to work, and
in methods of providing instruction that incorporate applied
learning, work-based learning, and service-learning experiences;
(7) identifying and enlisting local and regional employers
who can effectively provide work-based or service-learning
opportunities, including, but not limited to, apprenticeships,
internships, and mentorships;
(8) recruiting community and workplace mentors including
peers, parents, employers and employed individuals from the
community, and employers of high school students;
(9) identifying current and emerging educational, training,
and employment needs of the area or region, especially within
industries with potential for job growth;
(10) improving the coordination and effectiveness of local
vocational and job training programs, including vocational
education, adult basic education, tech prep, apprenticeship,
service-learning, youth entrepreneur, youth training and
employment programs administered by the commissioner of economic
security, and local job training programs under the Job Training
Partnership Act, United States Code, title 29, section 1501, et
seq.;
(11) identifying and applying for federal, state, local,
and private sources of funding for vocational or applied
learning programs;
(12) providing students with current information and
counseling about career opportunities, potential employment,
educational opportunities in post-secondary institutions,
workplaces, and the community, and the skills and knowledge
necessary to succeed;
(13) providing educational technology, including
interactive television networks and other distance learning
methods, to ensure access to a broad variety of work-based
learning opportunities;
(14) including students with disabilities in a district's
vocational or applied learning program and ways to serve at-risk
learners through collaboration with area learning centers under
sections 124C.45 to 124C.49, or other alternative programs; and
(15) providing a warranty to employers, post-secondary
education programs, and other post-secondary training programs,
that learners successfully completing a high school work-based
or applied learning program will be able to apply the knowledge
and work skills included in the program outcomes or graduation
requirements. The warranty shall require education and training
programs to continue to work with those learners that need
additional skill development until they can demonstrate
achievement of the program outcomes or graduation requirements.
Subd. 4. [ANNUAL REPORTS.] A local education and
employment transitions partnership shall must annually publish a
report and submit information to the council as required. The
report shall must include information required by the council
for the statewide system performance assessment. The
report shall must be available to the public in the communities
served by the local education and employment transitions
partnership. The report shall must be published no later than
September 1 of the year following the year in which the data was
collected.
Sec. 102. [REPEALER.]
Minnesota Statutes 1996, section 126.84, subdivision 6, is
repealed.
Sec. 103. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
126A.01 115A.073
126A.06 115A.074
123.70 120C.05
123.701 120C.06
123.702, subd. 1 120C.07, subd. 1
subd. 1a subd. 2
subd. 1b subd. 3
subd. 2 subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
subd. 4a subd. 7
subd. 5 subd. 8
subd. 6 subd. 9
subd. 7 subd. 10
123.704 120C.08
123.7045 120C.09
123.35, subd. 17 120C.11
126.202 120C.12
121.203 120C.13
121.831 120C.20
124.2615 120C.21
121.835 120C.22
121.882, subd. 1 120C.25, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 2b subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
subd. 5 subd. 7
subd. 6 subd. 8
subd. 7 subd. 9
subd. 7a subd. 10
subd. 8 subd. 11
subd. 9 subd. 12
124.2711, subd. 1 120C.26, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
subd. 4 subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
121.85 120C.30
121.88, subd. 1 120C.31, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
subd. 4 subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
subd. 7 subd. 8
subd. 8 subd. 9
subd. 9 subd. 10
subd. 10 subd. 11
124.2713, subd. 1 120C.32, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 5 subd. 4
subd. 6 subd. 5
subd. 6a subd. 6
subd. 6b subd. 7
subd. 7 subd. 8
subd. 8 subd. 9
subd. 9 subd. 10
subd. 10 subd. 11
124.2714 120C.33
124.2716 120C.34
121.8355, subd. 1 120C.35, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
subd. 3a subd. 5
subd. 4 subd. 6
subd. 5 subd. 7
subd. 6 subd. 8
subd. 7 subd. 9
125.70 120C.37
125.701 120C.38
125.702 120C.39
125.703 120C.40
125.704 120C.41
125.705 120C.42
125.276, subd. 1 120C.43, subd. 1
subd. 2a subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
124A.291 120C.44
126.77 120C.45
126.78 120C.46
126.79 120C.47
126.84 120C.48
121.615 120C.50
121.70 120C.51
121.701 120C.52
121.702 120C.53
121.704 120C.54
121.705 120C.55
121.706 120C.56
121.707 120C.57
121.708 120C.58
121.709 120C.59
121.710 120C.60
126B.01 120C.62
126B.03, subd. 2 120C.63, subd. 1
subd. 3 subd. 2
126B.06 120C.64
126B.10 120C.65
121.885 120C.67
123.35, subd. 8 120C.70
124.26, subd. 1b 120C.71, subd. 1
subd. 1c subd. 2
subd. 2 subd. 3
124.2601 120C.72
124.261 120C.73
124.2605 120C.74
124.2715 120C.76
121.201 120C.77
121.612 120C.82
124.255 120C.84
124C.10 120C.86
124C.11 120C.87
124C.12 120C.88
ARTICLE 4
CHAPTER 121A
STATE ADMINISTRATION
Section 1. Minnesota Statutes 1996, section 121.11,
subdivision 7, is amended to read:
Subd. 7. [GENERAL SUPERVISION OVER EDUCATIONAL AGENCIES.]
The state board of education shall adopt goals for and exercise
general supervision over public schools and public educational
agencies in the state, classify and standardize public
elementary and secondary schools, and prepare for them outlines
and suggested courses of study. The state board shall develop a
plan to attain the adopted goals. At the state board's request,
the commissioner may assign department of children, families,
and learning staff to assist the state board in attaining its
goals. The commissioner shall explain to the state board in
writing any reason for refusing or delaying a request for staff
assistance. The state board may recognize educational
accrediting agencies for the sole purposes of sections 120.101,
120.102, and 120.103.
Sec. 2. Minnesota Statutes 1997 Supplement, section
121.1113, subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner,
with advice from experts with appropriate technical
qualifications and experience and stakeholders, shall include in
the comprehensive assessment system, for each grade level to be
tested, a single statewide norm-referenced or
criterion-referenced test, or a combination of a norm-referenced
and a criterion-referenced test, which shall be highly
correlated with the state's graduation standards and
administered annually to all students in the third, fifth, and
eighth grades. The commissioner shall establish one or more
months during which schools shall administer the tests to
students each school year. The Minnesota basic skills tests in
reading and mathematics shall fulfill students' eighth grade
testing requirements.
(b) In addition, at the secondary level, districts shall
assess student performance in all required learning areas and
selected required standards within each area of the profiles
profile of learning. The testing instruments and testing
process shall be determined by the commissioner. The results
shall be aggregated at the site and district level. The testing
shall be administered beginning in the 1999-2000 school year and
thereafter.
(c) The comprehensive assessment system shall include an
evaluation of school site and school district performance levels
during the 1997-1998 school year and thereafter using an
established performance baseline developed from students' test
scores under this section that records, at a minimum, students'
unweighted mean test scores in each tested subject, a second
performance baseline that reports, at a minimum, the same
unweighted mean test scores of only those students enrolled in
the school by January 1 of the previous school year, and a third
performance baseline that reports the same unweighted test
scores of all students except those students receiving limited
English proficiency instruction. The evaluation also shall
record separately, in proximity to the performance baselines,
the percentages of students who are eligible to receive a free
or reduced price school meal, demonstrate limited English
proficiency, or are eligible to receive special education
services.
(d) In addition to the testing and reporting requirements
under paragraphs (a), (b), and (c), the commissioner, in
consultation with the state board of education, shall include
the following components in the statewide educational
accountability and public reporting system:
(1) uniform statewide testing of all third, fifth, eighth,
and post-eighth grade students with exemptions, only with parent
or guardian approval, from the testing requirement only for
those very few students for whom the student's individual
education plan team under section 120.17, subdivision 2,
determines that the student is incapable of taking a statewide
test, or a limited English proficiency student under section
126.262, subdivision 2, if the student has been in the United
States for fewer than 12 months and for whom special language
barriers exist, such as the student's native language does not
have a written form or the district does not have access to
appropriate interpreter services for the student's native
language;
(2) educational indicators that can be aggregated and
compared across school districts and across time on a statewide
basis;
(3) students' scores on the American College Test;
(4) participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against
the nation and other states, and, where possible, against other
countries, and contribute to the national effort to monitor
achievement; and
(5) basic skills and advanced competencies connecting
teaching and learning to high academic standards, assessment,
and transitions to citizenship and employment.
(e) Districts must report exemptions under paragraph (d),
clause (1), to the commissioner consistent with a format
provided by the commissioner.
Sec. 3. Minnesota Statutes 1996, section 121.1115,
subdivision 1, is amended to read:
Subdivision 1. [EDUCATIONAL ACCOUNTABILITY AND PUBLIC
REPORTING.] Consistent with the state board of education process
to adopt a results-oriented graduation rule under section
121.11, subdivision 7c, the state board of education and the
department of children, families, and learning, in consultation
with education and other system stakeholders, shall must
establish a coordinated and comprehensive system of educational
accountability and public reporting that promotes higher
academic achievement.
Sec. 4. Minnesota Statutes 1996, section 121.1115,
subdivision 2, is amended to read:
Subd. 2. [STATISTICAL ADJUSTMENTS.] In developing policies
and assessment processes to hold schools and school districts
accountable for high levels of academic standards, including the
profile of learning, the commissioner shall aggregate student
data over time to report student performance levels measured at
the school district, regional, or statewide level. When
collecting and reporting the data, the commissioner shall: (1)
acknowledge the impact of significant demographic factors such
as residential instability, the number of single parent
families, parents' level of education, and parents' income level
on school outcomes; and (2) organize and report the data so that
state and local policymakers can understand the educational
implications of changes in districts' demographic profiles over
time. Any report the commissioner disseminates containing
summary data on student performance must integrate student
performance and the demographic factors that strongly correlate
with that performance.
Sec. 5. Minnesota Statutes 1996, section 124.078, is
amended to read:
124.078 [PERMANENT SCHOOL FUND ADVISORY COMMITTEE.]
A state permanent school fund advisory committee is
established to advise the department of natural resources on the
management of permanent school fund land, which is held in trust
for the school districts of the state. The advisory committee
shall must consist of the following persons or their designees:
the chairs of the education committees of the legislature, the
chairs of the senate committee on finance and house committee on
ways and means, the commissioner of children, families, and
learning, one superintendent from a nonmetropolitan district,
and one superintendent from a metropolitan area district. The
school district superintendents shall be appointed by the
commissioner of children, families, and learning.
The advisory committee shall review the policies of the
department of natural resources on management of school trust
fund lands and shall recommend necessary changes in policy and
implementation in order to ensure provident utilization of the
permanent school fund lands.
Sec. 6. Minnesota Statutes 1996, section 124.08, is
amended to read:
124.08 [SCHOOL ENDOWMENT FUND,; DESIGNATION.]
For the purpose of aid to public schools, a school
endowment fund is established.
The school endowment fund shall consist of the income from
the permanent school fund. The commissioner of children,
families, and learning may accept for and on behalf of the
permanent school fund a donation of cash, marketable securities,
or other personal property. A noncash donation, other than a
donation of marketable securities, must be disposed of for cash
as soon as the commissioner can obtain fair market value for the
donation. Marketable securities may be disposed of at the
discretion of the state board of investment consistent with
sections 11A.16 and 11A.24. A cash donation and the cash
receipts from a donation disposed of for cash must be credited
immediately to the permanent school fund. Earnings from
marketable securities are earnings of the permanent school fund.
Sec. 7. Minnesota Statutes 1996, section 124.09, is
amended to read:
124.09 [SCHOOL ENDOWMENT FUND,; APPORTIONMENT.]
The commissioner shall apportion the school endowment fund
shall be apportioned semiannually by the commissioner, on the
first Monday in March and September in each year, to districts
whose schools have been in session at least nine months. The
apportionment shall be in proportion to the number of pupils in
average daily membership during the preceding year; provided,
that. The apportionment shall not be paid to a district for
pupils for whom tuition is received by the district.
Sec. 8. Minnesota Statutes 1996, section 124.10,
subdivision 1, is amended to read:
Subdivision 1. [COPY TO COMMISSIONER OF FINANCE.] The
commissioner shall furnish a copy of the apportionment of the
school endowment fund shall be furnished by the commissioner to
the commissioner of finance, who thereupon shall draw warrants
on the state treasury, payable to the several districts, for the
amount due each district. There is hereby annually appropriated
from the school endowment fund the amount of such apportionments.
Sec. 9. Minnesota Statutes 1996, section 124.10,
subdivision 2, is amended to read:
Subd. 2. [APPORTIONMENTS TO DISTRICTS.] The county auditor
each year shall apportion to the school districts within the
county the amount received from power line taxes under section
273.42, liquor licenses, fines, estrays, and other sources
belonging to the general fund. The apportionments shall must be
made in proportion to each district's net tax capacity within
the county in the prior year. The apportionments shall must be
made and amounts distributed to the school districts at the
times provided for the settlement and distribution of real and
personal property taxes under sections 276.09, 276.11, and
276.111, except that all of the power line taxes apportioned to
a school district from the county school fund shall must be
included in the first half distribution of property taxes to the
school district. No district shall receive any part of the
money received from liquor licenses unless all sums paid for
such licenses in such district are apportioned to the county
school fund.
Sec. 10. Minnesota Statutes 1996, section 124.12, is
amended to read:
124.12 [MANNER OF PAYMENT OF STATE AIDS.]
Subd. 2. It shall be the duty of the commissioner of
children, families, and learning to deliver to the commissioner
of finance a certificate for each district entitled to receive
state aid under the provisions of this chapter. Upon the
receipt of such certificate, it shall be the duty of the
commissioner of finance to draw a warrant upon the state
treasurer in favor of the district for the amount shown by each
certificate to be due to the district. The commissioner of
finance shall transmit such warrants to the district together
with a copy of the certificate prepared by the commissioner.
Sec. 11. Minnesota Statutes 1996, section 124.14,
subdivision 2, is amended to read:
Subd. 2. [ERRORS IN DISTRIBUTION.] On determining that the
amount of state aid distributed to a school district is in
error, the commissioner is authorized to adjust the amount of
aid consistent with this subdivision. On determining that the
amount of aid is in excess of the school district's entitlement,
the commissioner is authorized to recover the amount of the
excess by any appropriate means. Notwithstanding the fiscal
years designated by the appropriation, the excess may be
recovered by reducing future aid payments to the school
district. Notwithstanding any law to the contrary, if the aid
reduced is not of the same type as that overpaid, the school
district shall must adjust all necessary financial accounts to
properly reflect all revenues earned in accordance with the
uniform financial accounting and reporting standards pursuant to
sections 121.904 to 121.917. Notwithstanding the fiscal years
designated by the appropriation, on determining that the amount
of an aid paid is less than the school district's entitlement,
the commissioner is authorized to increase such aid from the
current appropriation.
Sec. 12. Minnesota Statutes 1996, section 124.14,
subdivision 3, is amended to read:
Subd. 3. [AUDITS.] The commissioner shall establish
procedures for conducting and shall conduct audits of school
district records and files for the purpose of verifying school
district pupil counts, levy limitations, and aid entitlements.
The commissioner shall establish procedures for selecting and
shall select districts to be audited. Disparities, if any,
between pupil counts, levy limitations, or aid entitlements
determined by audit of school district records and files and
data reported by school districts in reports, claims and other
documents shall be reviewed by the commissioner who shall order
increases or decreases accordingly. Whenever possible, the
commissioner shall audit at least 25 districts each year
pursuant to this subdivision.
Sec. 13. Minnesota Statutes 1996, section 124.14,
subdivision 3a, is amended to read:
Subd. 3a. [LESS THAN 25 DISTRICTS AUDITED.] If the
commissioner audits fewer than 25 school districts in a fiscal
year pursuant to subdivision 3, the commissioner shall report
the reasons for the number audited to the following legislative
committees: house education, house appropriations, senate
education, and senate finance.
Sec. 14. Minnesota Statutes 1996, section 124.14,
subdivision 4, is amended to read:
Subd. 4. [FINAL DECISION AND RECORDS.] A reduction of aid
under this section may be appealed to the state board of
education and its decision shall be final. Public schools shall
at all times be open to the inspection of the commissioner, and.
The accounts and records of any district shall must be open to
inspection by the state auditor, the state board, or the
commissioner for the purpose of audits conducted under this
section. Each district shall keep for a minimum of three years
at least the following: (1) identification of the annual
session days held, together with a record of the length of each
session day, (2) a record of each pupil's daily attendance, with
entrance and withdrawal dates, and (3) identification of the
pupils transported who are reported for transportation aid.
Sec. 15. Minnesota Statutes 1996, section 124.14,
subdivision 6, is amended to read:
Subd. 6. [ADJUSTMENT APPROPRIATION.] There is annually
appropriated from the general fund to the department of
children, families, and learning any additional amounts
necessary for the adjustments made pursuant to section 124.155,
subdivision 1.
Sec. 16. Minnesota Statutes 1996, section 124.14,
subdivision 7, is amended to read:
Subd. 7. [APPROPRIATION TRANSFERS.] If a direct
appropriation from the general fund to the department of
children, families, and learning for any education aid or grant
authorized in this chapter and chapters 121, 123, 124A, 124C,
125, 126, and 134 exceeds the amount required, the commissioner
of children, families, and learning may transfer the excess to
any education aid or grant appropriation that is insufficient.
However, section 124A.032 applies to a deficiency in the direct
appropriation for general education aid. Excess appropriations
shall must be allocated proportionately among aids or grants
that have insufficient appropriations. The commissioner of
finance shall make the necessary transfers among appropriations
according to the determinations of the commissioner of children,
families, and learning. If the amount of the direct
appropriation for the aid or grant plus the amount transferred
according to this subdivision is insufficient, the commissioner
shall prorate the available amount among eligible districts.
The state is not obligated for any additional amounts.
Sec. 17. Minnesota Statutes 1996, section 124.14,
subdivision 8, is amended to read:
Subd. 8. [HEALTH AND SAFETY AID TRANSFER.] The
commissioner of children, families, and learning, with the
approval of the commissioner of finance, annually may transfer
an amount from the appropriation for health and safety aid to
the appropriation for debt service aid for the same fiscal
year. The amount of the transfer equals the amount necessary to
fund any shortage in the debt service aid appropriation created
by a data correction that occurs between November 1 and June 30
of the preceding fiscal year.
Sec. 18. Minnesota Statutes 1996, section 124.15,
subdivision 2, is amended to read:
Subd. 2. [VIOLATIONS OF LAW.] The commissioner shall
reduce the district's special state aid for any school year
whenever the board of the district authorizes or permits within
the district violations of law within the district by:
(1) employment in a public school of the district of
employing a teacher who does not hold a valid teaching license
or permit, or in a public school;
(2) noncompliance with a mandatory rule of general
application promulgated by the state board in accordance with
statute in the absence of, unless special circumstances
making make enforcement thereof inequitable, contrary to the
best interest of, or imposing impose an extraordinary hardship
on, the district affected, or, or the rule is contrary to the
district's best interests;
(3) the district's continued performance by the district of
a contract made for the rental of rooms or buildings for school
purposes or for the rental of any facility owned or operated by
or under the direction of any private organization, which if the
contract has been disapproved where, the time for review of the
determination of disapproval has expired, and no proceeding for
review is pending, or;
(4) any practice which is a violation of sections 1 and 2
of article 13 of the Constitution of the state of Minnesota, or;
(5) failure to provide reasonably provide for the a
resident pupil's school attendance to which a resident pupil is
entitled under Minnesota Statutes,; or
(6) noncompliance with state laws prohibiting
discrimination because of race, color, creed, religion, national
origin, sex, age, marital status, status with regard to public
assistance or disability, as defined in section 363.03,.
the special state aid to which a district is otherwise entitled
for any school year shall be reduced The reduction must be made
in the amount and upon the procedure provided in this section
or, in the case of the violation stated in clause (1), upon the
procedure provided in section 124.19, subdivision 3.
Sec. 19. Minnesota Statutes 1996, section 124.15,
subdivision 2a, is amended to read:
Subd. 2a. [ASSURANCE OF COMPLIANCE.] After consultation
with the commissioner of human rights, the state board of
education shall adopt rules in conformance with chapter
14 which. The rules must direct school districts to file with
the commissioner of children, families, and learning assurances
of compliance with state and federal laws prohibiting
discrimination and which specify the information required to be
submitted in support of the assurances. The commissioner of
children, families, and learning shall provide copies of the
assurances and the supportive information to the commissioner of
human rights. If, after reviewing the assurances and the
supportive information it appears that one or more violations of
the Minnesota human rights act are occurring in the district,
the commissioner of human rights shall notify the commissioner
of children, families, and learning of the violations, and the
commissioner of children, families, and learning may then
proceed pursuant to subdivision 3.
Sec. 20. Minnesota Statutes 1996, section 124.15,
subdivision 3, is amended to read:
Subd. 3. [NOTICE TO BOARD.] When it appears that one or
more of the violations an enumerated violation is occurring in a
district, the commissioner shall forthwith notify the board of
that district in writing thereof. Such The notice shall must
specify the violations, set a reasonable time within which the
district shall must correct the specified violations, describe
the correction required, and advise that if the correction is
not made within the time allowed, special state aids to the
district will be reduced. The time allowed for correction may
be extended by the commissioner if there is reasonable ground
therefor.
Sec. 21. Minnesota Statutes 1996, section 124.15,
subdivision 4, is amended to read:
Subd. 4. [DISPUTE VIOLATIONS; HEARING.] The board to which
such notice is given may, by a majority vote of the whole board,
decide to dispute that the specified violation exists or that
the time allowed is reasonable or the correction specified is
correct, or that the commissioner may reduce aids, in which case
written notice of such decision shall be given. The board must
give the commissioner written notice of the decision. If the
commissioner, after such further investigation as the
commissioner deems necessary, adheres to the previous notice,
such the board shall be entitled to a hearing by the state board
, in which event a. The state board must set a hearing time and
place shall be set therefor and notice and the board of the
district must be given notice by mail to the board of the
district. The state board shall must adopt rules governing the
proceedings for hearings which shall. The hearings must be
designed to give a full and fair hearing and permit interested
parties an opportunity to produce evidence relating to the
issues involved. Such The rules may provide that any question
of fact to be determined upon such review at the hearing may be
referred to one or more members of the board or to an employee
of the state board acting as a referee to hear evidence and
report to the state board the testimony taken to the state board.
The state board, or any a person designated to receive evidence
upon a review under this act at a hearing, shall have the same
right to issue subpoenas and administer oaths and parties to the
review hearing shall have the same right to subpoenas issued as
are accorded with respect to allowed for proceedings before the
industrial commission. There shall be A stenographic
record must be made of all testimony given and other proceedings
during such the hearing, and as far as. If practicable, rules
governing reception admission of evidence in courts shall obtain
apply to the hearing. The decision of the state board shall
must be in writing and the controlling facts upon which the
decision is made shall must be stated in sufficient detail to
apprise the parties and the reviewing court of the basis and
reason of for the decision. The decision shall must be confined
to whether or not any of the specified violations or any of them
existed at the date of the commissioner's first notice,
whether such the violations as did exist were corrected within
the time permitted, and whether such the violations require
reduction of the state aids under this section.
Sec. 22. Minnesota Statutes 1996, section 124.15,
subdivision 5, is amended to read:
Subd. 5. [VIOLATION; AID REDUCTION.] The commissioner
shall not reduce state aids payable to the district if the
violation specified is corrected within the time permitted, or
if the commissioner on being notified of the district board's
decision to dispute decides the violation does not exist, or if
the state board decides after hearing no violation specified in
the commissioner's notice existed at the time of it the notice,
or that any that existed the violations were corrected within
the time permitted, there shall be no reduction of state aids
payable to the school district. Otherwise state aids payable to
the district for the year in which the violation occurred shall
be reduced as follows: The total amount of state aids to which
the district may be entitled shall be reduced in the proportion
that the period during which a specified violation continued,
computed from the last day of the time permitted for correction,
bears to the total number of days school is held in the district
during the year in which a violation exists, multiplied by 60
percent of the basic revenue, as defined in section 124A.22,
subdivision 2, of the district for that year.
Sec. 23. Minnesota Statutes 1996, section 124.15,
subdivision 6, is amended to read:
Subd. 6. [REDUCTION IN AIDS PAYABLE.] Reductions in aid
under this section and section 124.19 shall must be from general
education aid. If there is not sufficient general education aid
remaining to be paid for the school year in which the violation
occurred, the reduction shall be from the other aids listed in
section 124.155, subdivision 2, that are payable to the district
for that year in the order in which the aids are listed in
section 124.155, subdivision 2. If there is not a sufficient
amount of state aids remaining payable to the district for the
school year in which the violation occurred to permit the full
amount of reduction required, that part of the required
reduction not taken from that school year's aids will be taken
from the state aids payable to the district for the next school
year, and the reduction will be made from the various aids
payable for the next year in the order above specified.
Sec. 24. Minnesota Statutes 1996, section 124.15,
subdivision 8, is amended to read:
Subd. 8. [NOTICE TO DISTRICT.] Any notice to be given to
the board of a district will be deemed given when a copy thereof
is mailed, registered, to the superintendent of the district, if
there is a superintendent, and to the clerk of the board of the
district, unless. If it is shown that neither the
superintendent nor the clerk in fact received such notice in the
ordinary course of mail, in which event then the time for
correction will be accordingly extended by the commissioner so
that a reasonable time will be allowed from actual receipt of
notice for correction. If notice is sent by the commissioner
with respect to a violation which is continued by the district
in a succeeding year, no separate notice for that violation for
the succeeding year will be required. Proceedings initiated by
such notice shall include any continuing violation
notwithstanding that a part thereof occurs in a year different
from that the year in which it started. The commissioner may
require reasonable proof of the time that a violation ceased for
the determination of the amount of aids to be withheld. Costs
and disbursements of the review by the district court, exclusive
of those incurred in the administrative proceedings, may be
taxed against the losing party and in the event taxed against
the state shall must be paid from the appropriations made to the
department for the payment of special state aids.
Sec. 25. Minnesota Statutes 1997 Supplement, section
124.155, subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF ADJUSTMENT.] Each year state
aids and credits enumerated in subdivision 2 payable to any
school district 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 124.315,
subdivision 4, 124.912, subdivisions 1, paragraph (2), 2, and 3,
124.916, subdivisions 1, 2, and 3, paragraphs 4, 5, and 6,
124.918, subdivision 6, and 124A.03, subdivision 2. 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. 26. Minnesota Statutes 1997 Supplement, section
124.155, subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(1) general education aid authorized in section 124A.23;
(2) secondary vocational aid authorized in section 124.573;
(3) special education aid authorized in sections 124.32 and
124.3201;
(4) 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 section 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. 27. Minnesota Statutes 1996, section 124.195,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] This section applies to
all aids or credits paid by the commissioner of children,
families, and learning from the general fund to school districts.
Sec. 28. Minnesota Statutes 1997 Supplement, 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
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. 29. Minnesota Statutes 1996, section 124.195,
subdivision 3, is amended to read:
Subd. 3. [PAYMENT DATES AND PERCENTAGES.] The commissioner
of children, families, and learning shall pay to a school
district on the dates indicated an amount computed as follows:
the cumulative amount guaranteed minus the sum of (a) the
district's other district receipts through the current payment,
and (b) the aid and credit payments through the immediately
preceding payment. For purposes of this computation, the
payment dates and the cumulative disbursement percentages are as
follows:
Payment date Percentage
Payment 1 July 15: 2.25
Payment 2 July 30: 4.50
Payment 3 August 15: the greater of (a) the final
adjustment for the prior fiscal year for
the state paid property tax credits
established in section 273.1392, or
(b) the amount needed to provide 6.75 percent
Payment 4 August 30: 9.0
Payment 5 September 15: 12.75
Payment 6 September 30: 16.50
Payment 7 October 15: the greater of (a) one-half of
the final adjustment for the prior fiscal year
for all aid entitlements except state paid
property tax credits, or (b) the amount needed to
provide 20.75 percent
Payment 8 October 30: the greater of (a) one-half of the
final adjustment for the prior fiscal year for all
aid entitlements except state paid property
tax credits, or (b) the amount needed
to provide 25.0 percent
Payment 9 November 15: 31.0
Payment 10 November 30: 37.0
Payment 11 December 15: 40.0
Payment 12 December 30: 43.0
Payment 13 January 15: 47.25
Payment 14 January 30: 51.5
Payment 15 February 15: 56.0
Payment 16 February 28: 60.5
Payment 17 March 15: 65.25
Payment 18 March 30: 70.0
Payment 19 April 15: 73.0
Payment 20 April 30: 79.0
Payment 21 May 15: 82.0
Payment 22 May 30: 90.0
Payment 23 June 20: 100.0
Sec. 30. Minnesota Statutes 1996, section 124.195,
subdivision 3a, is amended to read:
Subd. 3a. [APPEAL.] The commissioner, in consultation with
the commissioner of finance, may revise the payment dates and
percentages in subdivision 3 for a district if it is determined
that there is an emergency or there are serious cash flow
problems in the district that cannot be resolved by issuing
warrants or other forms of indebtedness. The commissioner shall
establish a process and criteria for school districts to appeal
the payment dates and percentages established in subdivision 3.
Sec. 31. Minnesota Statutes 1996, section 124.195,
subdivision 3b, is amended to read:
Subd. 3b. [CASH FLOW ADJUSTMENT.] During each year in
which the cash flow low points for August, September, and
October estimated by the commissioner of finance for invested
treasurer's cash exceeds $360,000,000, the commissioner of
children, families, and learning shall increase the cumulative
disbursement percentages established in subdivision 3 to the
following amounts:
Payment 3 August 15: 12.75 percent
Payment 4 August 30: 15.00 percent
Payment 5 September 15: 17.25 percent
Payment 6 September 30: 19.50 percent
Payment 7 October 15: 21.75 percent
Sec. 32. Minnesota Statutes 1996, section 124.195,
subdivision 4, is amended to read:
Subd. 4. [PAYMENT LIMIT.] Subdivision 3 does not authorize
the commissioner of children, families, and learning to pay to a
district's operating funds an amount of state general fund cash
that exceeds the sum of:
(a) its estimated aid and credit payments for the current
year according to subdivision 10;
(b) its actual aid payments according to subdivisions 8 and
9; and
(c) the final adjustment payment for the prior year.
Sec. 33. Minnesota Statutes 1996, section 124.195,
subdivision 5, is amended to read:
Subd. 5. [COMMISSIONER'S ASSUMPTIONS.] For purposes of
determining the amount of state general fund cash to be paid to
school districts pursuant to subdivision 3, the commissioner of
children, families, and learning shall:
(a) (1) assume that the payments to school districts by the
county treasurer of revenues accruing to the fiscal year of
receipt pursuant to section 276.11 are made in the following
manner:
(1) (i) 50 percent within seven business days of each due
date; and
(2) (ii) 100 percent within 14 business days of each due
date;
(b) (2) assume that the payments to school districts by the
county treasurer of revenues accruing to the fiscal year of
receipt pursuant to section 276.111 are made in the following
manner:
(1) (i) 50 percent within seven business days of the
October 15 due date;
(2) (ii) 100 percent within 14 business days of the October
15 due date; and
(3) (iii) 100 percent within ten business days of the
November 15 due date.; and
(c) (3) assume that the payments to school districts by
county auditors pursuant to section 124.10, subdivision 2, are
made at the end of the months indicated in that subdivision.
Sec. 34. Minnesota Statutes 1996, section 124.195,
subdivision 6, is amended to read:
Subd. 6. [FINAL ADJUSTMENT PAYMENT.] For all aids and
credits paid according to subdivision 10, the final adjustment
payment shall must include the amounts necessary to pay the
district's full aid entitlement for the prior year based on
actual data. This payment shall must be used to correct all
estimates used for the payment schedule in subdivision 3. The
payment shall must be made as specified in subdivision 3. In
the event actual data are not available, the final adjustment
payment may be computed based on estimated data. A corrected
final adjustment payment shall must be made when actual data are
available.
Sec. 35. Minnesota Statutes 1997 Supplement, 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 must be made at 90 percent of the
estimated entitlement during the fiscal year of the
entitlement. 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 must 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. 36. Minnesota Statutes 1997 Supplement, 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, 124D, 125, 126, 134, and section 273.1392, shall be paid
at 90 percent of the estimated entitlement during the fiscal
year of the entitlement. The final adjustment payment,
according to subdivision 6, shall must be the amount of the
actual entitlement, after adjustment for actual data, minus the
payments made during the fiscal year of the entitlement.
Sec. 37. Minnesota Statutes 1996, section 124.195,
subdivision 14, is amended to read:
Subd. 14. [EDUCATION AIDS CASH FLOW ACCOUNT.] (a) An
education aids cash flow account is established in the state
treasury for the purpose of ensuring the timely payment of state
aids or credits to school districts as provided in this
section. In the event the account balance in any appropriation
from the general fund to the department of children, families,
and learning for education aids or credits is insufficient to
make the next scheduled payment or payments, the commissioner of
children, families, and learning is authorized to transfer funds
from the education aids cash flow account to the accounts that
are insufficient.
(b) For purposes of this subdivision, an account may have
an insufficient balance only as a result of some districts being
overpaid based on revised estimates for the relevant annual aid
or credit entitlements. When the overpayment amounts are
recovered from the pertinent districts, the commissioner of
children, families, and learning shall transfer those amounts to
the education aids cash flow account. The commissioner shall
determine when it is not feasible to recover the overpayments in
a timely manner from the district's future aid payments and
notify the district of the amount that is to be refunded to the
state. School Districts are encouraged to make such refunds
promptly. The commissioner may approve a schedule for making a
refund when a district demonstrates that its cash flow is
inadequate to promptly make the refund in full.
(c) There is annually appropriated from the general fund to
the education aids cash flow account the additional amount
necessary to ensure the timely payment of state aids or credits
to school districts as provided in this section. For any fiscal
year, the appropriation authorized in this subdivision shall
must not exceed an amount equal to two-tenths of one percent of
the total general fund appropriations in that year for education
aids and credits. At the close of each fiscal year, the amount
of actual transfers plus anticipated transfers required in
paragraph (b) shall must equal the authorized amounts
transferred in paragraph (a) so that the net effect on total
general fund spending for education aids and credits is zero.
Sec. 38. Minnesota Statutes 1996, section 124.196, is
amended to read:
124.196 [CHANGE IN PAYMENT OF AIDS AND CREDITS.]
If the commissioner of finance determines that
modifications in the payment schedule would reduce the need for
state short-term borrowing, the commissioner of children,
families, and learning shall modify payments to school districts
according to this section. The modifications shall must begin
no sooner than September 1 of each fiscal year, and shall must
remain in effect until no later than May 30 of that same fiscal
year. In calculating the payment to a school district pursuant
to section 124.195, subdivision 3, the commissioner may subtract
the sum specified in that subdivision, plus an additional amount
no greater than the following:
(1) the net cash balance in each of the district's four
operating funds on June 30 of the preceding fiscal year; minus
(2) the product of $150 times the number of actual pupil
units in the preceding fiscal year; minus
(3) the amount of payments made by the county treasurer
during the preceding fiscal year, pursuant to section 276.11,
which is considered revenue for the current school year.
However, no additional amount shall be subtracted if the total
of the net unappropriated fund balances in the district's four
operating funds on June 30 of the preceding fiscal year, is less
than the product of $350 times the number of actual pupil units
in the preceding fiscal year. The net cash balance shall must
include all cash and investments, less certificates of
indebtedness outstanding, and orders not paid for want of funds.
A district may appeal the payment schedule established by
this section according to the procedures established in section
124.195, subdivision 3a.
Sec. 39. Minnesota Statutes 1996, section 124.2131,
subdivision 1, is amended to read:
Subdivision 1. [ADJUSTED NET TAX CAPACITY.] (a)
[COMPUTATION.] The department of revenue shall must annually
conduct an assessment/sales ratio study of the taxable property
in each school district in accordance with the procedures in
paragraphs (b) and (c). Based upon the results of this
assessment/sales ratio study, the department of revenue shall
must determine an aggregate equalized net tax capacity for the
various classes of taxable property in each school district,
which tax capacity shall be designated as the adjusted net tax
capacity. The adjusted net tax capacities shall be determined
using the net tax capacity percentages in effect for the
assessment year following the assessment year of the study. The
department of revenue shall must make whatever estimates are
necessary to account for changes in the classification system.
The department of revenue may incur the expense necessary to
make the determinations. The commissioner of revenue may
reimburse any county or governmental official for requested
services performed in ascertaining the adjusted net tax
capacity. On or before March 15 annually, the department of
revenue shall file with the chair of the tax committee of the
house of representatives and the chair of the committee on taxes
and tax laws of the senate a report of adjusted net tax
capacities. On or before June 15 annually, the department of
revenue shall file its final report on the adjusted net tax
capacities established by the previous year's assessments and
the current year's net tax capacity percentages with the
commissioner of children, families, and learning and each county
auditor for those school districts for which the auditor has the
responsibility for determination of local tax rates. A copy of
the report so filed shall be mailed to the clerk of each
district involved and to the county assessor or supervisor of
assessments of the county or counties in which each district is
located.
(b) [METHODOLOGY.] In making its annual assessment/sales
ratio studies, the department of revenue shall must use a
methodology consistent with the most recent Standard on
Assessment Ratio Studies published by the assessment standards
committee of the International Association of Assessing
Officers. The commissioner of revenue shall supplement this
general methodology with specific procedures necessary for
execution of the study in accordance with other Minnesota laws
impacting the assessment/sales ratio study. The commissioner
shall document these specific procedures in writing and shall
publish the procedures in the State Register, but these
procedures will not be considered "rules" pursuant to the
Minnesota Administrative Procedure Act. For purposes of this
section, sections 270.12, subdivision 2, clause (8), and 278.05,
subdivision 4, the commissioner of revenue shall exclude from
the assessment/sales ratio study the sale of any nonagricultural
property which does not contain an improvement, if (1) the
statutory basis on which the property's taxable value as most
recently assessed is less than market value as defined in
section 273.11, or (2) the property has undergone significant
physical change or a change of use since the most recent
assessment.
(c) [AGRICULTURAL LANDS.] For purposes of determining the
adjusted net tax capacity of agricultural lands for the
calculation of adjusted net tax capacities, the market value of
agricultural lands shall must be the price for which the
property would sell in an arms length transaction.
(d) [FORCED SALES.] The commissioner of revenue may
include forced sales in the assessment/sales ratio studies if it
is determined by the commissioner of revenue that these forced
sales indicate true market value.
(e) [STIPULATED VALUES AND ABATEMENTS.] The estimated
market value to be used in calculating sales ratios shall must
be the value established by the assessor before any stipulations
resulting from appeals by property owners and before any
abatement unless the abatement was granted for the purpose of
correcting mere clerical errors.
(f) [SALES OF INDUSTRIAL PROPERTY.] Separate sales
ratios shall must be calculated for commercial property and for
industrial property. These two classes shall be combined only
in jurisdictions in which there is not an adequate sample of
sales in each class.
Sec. 40. Minnesota Statutes 1996, section 124.2131,
subdivision 2, is amended to read:
Subd. 2. [ADJUSTED NET TAX CAPACITY; GROWTH LIMIT.] In the
calculation of adjusted net tax capacities for 1987 and each
year thereafter, the commissioner of revenue shall not increase
the adjusted net tax capacity of taxable property for any school
district over the adjusted net tax capacity established and
filed with the commissioner of children, families, and learning
for the immediately preceding year by more than the greater of
(1) 19 percent of the certified adjusted net tax capacity
established and filed with the commissioner of children,
families, and learning for the year immediately preceding, or
(2) 40 percent of the difference between the district's total
adjusted net tax capacity for the current year calculated
without the application of this subdivision and the district's
certified adjusted net tax capacity established and filed with
the commissioner of children, families, and learning for the
immediately preceding year.
Sec. 41. Minnesota Statutes 1996, section 124.2131,
subdivision 3a, is amended to read:
Subd. 3a. [CAPTURED TAX CAPACITY ADJUSTMENT.] In
calculating adjusted net tax capacity, the commissioner of
revenue shall increase the adjusted net tax capacity of a school
district containing a tax increment financing district for which
an election is made under section 469.1782, subdivision 1,
clause (1). The amount of the increase equals the captured net
tax capacity of the tax increment financing district in the year
preceding the first taxes payable year in which the special law
permits collection beyond that permitted by the general law
duration limit that otherwise would apply. The addition applies
beginning for aid and levy for the first taxes payable year in
which the special law permits collection of increment beyond
that permitted by the general law duration limit that otherwise
would apply. The addition continues to apply for each taxes
payable year the district remains in effect.
Sec. 42. Minnesota Statutes 1996, section 124.2131,
subdivision 5, is amended to read:
Subd. 5. [ADJUSTED NET TAX CAPACITY; APPEALS.] Should
any If a district, within 30 days after receipt of a copy of a
report filed with the commissioner of children, families, and
learning made pursuant to subdivision 1 or 3, be is of the
opinion that the commissioner of revenue has made an error in
the determination of the school district's market value, it may
appeal from the report or portion thereof relating to the school
district to the commissioner of revenue for a review and
determination of the matters contained in the appeal. The
commissioner of revenue shall advise the school district of the
determination within 30 days. If the school district wishes to
appeal the determination of the commissioner of revenue, it must
file a notice of appeal with the tax court, as provided in
subdivisions 6 to 11 within ten days of the notice of
determination from the commissioner of revenue.
Sec. 43. Minnesota Statutes 1996, section 124.2131,
subdivision 6, is amended to read:
Subd. 6. [NOTICE OF APPEAL.] The school district shall
must file with the court administrator of the tax court a notice
of appeal from the determination of the commissioner of revenue
fixing the market value of the school district, and such notice
shall must show the basis of the alleged error. A copy of
such the notice of appeal shall must be served upon the
commissioner of revenue, and proof of service shall must be
filed with the court administrator.
Sec. 44. Minnesota Statutes 1996, section 124.2131,
subdivision 7, is amended to read:
Subd. 7. [HEARING.] Upon receipt of the notice of appeal
the tax court shall must review the notice of appeal and
determine whether it appears from the allegations and proofs
therein contained that an error has been made in the
determination by the commissioner of revenue of the market value
of the property in the school district. If the court finds it
probable that such an error has been made, it shall must notice
the matter for hearing; otherwise, it shall must dismiss the
appeal and notify the parties thereof. Hearing shall Hearings
must be set and held in the same manner as other hearings of the
tax court are set and heard, except that an appeal filed under
subdivision 5 shall must take precedence over other appeals
pending before the court. The attorney general shall represent
the commissioner of revenue. The Administrative Procedure Act,
sections 14.09 to 14.28, 14.38, 14.44 to 14.45, and 14.57 to
14.69, shall apply to hearings insofar as it is applicable.
Sec. 45. Minnesota Statutes 1996, section 124.2131,
subdivision 8, is amended to read:
Subd. 8. [TAX COURT DETERMINATION.] The tax court shall
hear, consider, and determine such appeal, de novo upon the
issues made by the notice of appeal, if a hearing has been
granted thereon. At the conclusion of the hearing, the court
shall must: (1) file findings of fact, or (2) refer the issues
to the commissioner of revenue with instructions and
recommendations for a determination and correction of the market
value of the appealing school district. The decision of the tax
court, if it decides the matter de novo, shall have the same
force and effect as a determination by the commissioner of
revenue in the first instance under this section, and the
commissioner of revenue shall must be notified thereof. If the
matter is rereferred to the commissioner of revenue, a
redetermination by the commissioner of revenue in accordance
with the recommendations of the tax court shall must likewise
have the same force and effect as a determination by it in the
first instance under this section.
Sec. 46. Minnesota Statutes 1996, section 124.2131,
subdivision 9, is amended to read:
Subd. 9. [HEARING EXAMINER.] In addition to the powers and
duties of the tax court as prescribed by chapter 271, and any
act amendatory thereof, any hearing ordered pursuant to the
provisions hereunder this section may be heard by a hearing
examiner in lieu of one or more judges of the tax court. If a
hearing is conducted by a hearing examiner, such hearing
examiner shall exercise the same powers conferred by law upon
one or more judges of the tax court. The hearing examiner shall
report to the court. The court is authorized to make findings
of fact based on the report of the hearing examiner in the same
manner as is required by these provisions when the hearing is
conducted by the court. The tax court may employ hearing
examiners upon such terms and conditions as it shall prescribe.
A hearing examiner so appointed shall be in the unclassified
service of the state.
Sec. 47. Minnesota Statutes 1996, section 124.2131,
subdivision 11, is amended to read:
Subd. 11. [AIDS PENDING APPEALS.] During the pendency of
any appeal from the commissioner of revenue evaluation, state
aids to the appealing district so appealing shall must be paid
on the basis of the evaluation subject to adjustment upon final
determination of the appeal.
Sec. 48. Minnesota Statutes 1996, section 124.214, is
amended to read:
124.214 [AID ADJUSTMENTS.]
Subdivision 1. [OMISSIONS.] No adjustments to any aid
payments made pursuant to this chapter or chapter 124A,
resulting from omissions in school district reports, except
those adjustments determined by the legislative auditor, shall
be made for any school year after December 30 of the next school
year, unless otherwise specifically provided by law.
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278,
sections 270.07, 375.192, or otherwise, the net tax capacity of
any school district for any taxable year is changed after the
taxes for that year have been spread by the county auditor and
the local tax rate as determined by the county auditor based
upon the original net tax capacity is applied upon the changed
net tax capacities, the county auditor shall, prior to February
1 of each year, certify to the commissioner of children,
families, and learning the amount of any resulting net revenue
loss that accrued to the school district during the preceding
year. Each year, the commissioner shall pay an abatement
adjustment to the district in an amount calculated according to
the provisions of this subdivision. This amount shall be
deducted from the amount of the levy authorized by section
124.912, subdivision 9. The amount of the abatement
adjustment shall must be the product of:
(1) the net revenue loss as certified by the county
auditor, times
(2) the ratio of:
(a) (i) the sum of the amounts of the district's certified
levy in the preceding year according to the following:
(i) (A) section 124A.23 if the district received general
education aid according to that section for the second preceding
year;
(ii) (B) section 124.226, subdivisions 1 and 4, if the
district received transportation aid according to section
124.225 for the second preceding year;
(iii) (C) section 124.243, if the district received capital
expenditure facilities aid according to that section for the
second preceding year;
(iv) (D) section 124.244, if the district received capital
expenditure equipment aid according to that section for the
second preceding year;
(v) (E) section 124.83, if the district received health and
safety aid according to that section for the second preceding
year;
(vi) (F) sections 124.2713, 124.2714, and 124.2715, if the
district received aid for community education programs according
to any of those sections for the second preceding year;
(vii) (G) section 124.2711, subdivision 2a, if the district
received early childhood family education aid according to
section 124.2711 for the second preceding year;
(viii) (H) section 124.321, subdivision 3, if the district
received special education levy equalization aid according to
that section for the second preceding year;
(ix) (I) section 124A.03, subdivision 1g, if the district
received referendum equalization aid according to that section
for the second preceding year; and
(x) (J) section 124A.22, subdivision 4a, if the district
received training and experience aid according to that section
for the second preceding year; to
(b) to (ii) the total amount of the district's certified
levy in the preceding October, plus or minus auditor's
adjustments.
Subd. 3. [EXCESS TAX INCREMENT.] (a) If a return of excess
tax increment is made to a school district pursuant to section
469.176, subdivision 2, or upon decertification of a tax
increment district, the school district's aid and levy
limitations must be adjusted for the fiscal year in which the
excess tax increment is paid under the provisions of this
subdivision.
(a) (b) An amount must be subtracted from the school
district's aid for the current fiscal year equal to the product
of:
(1) the amount of the payment of excess tax increment to
the school district, times
(2) the ratio of:
(A) (i) the sum of the amounts of the school district's
certified levy for the fiscal year in which the excess tax
increment is paid according to the following:
(i) (A) section 124A.23, if the district received general
education aid according to that section for the second preceding
year;
(ii) (B) section 124.226, subdivisions 1 and 4, if the
school district received transportation aid according to section
124.225 for the second preceding year;
(iii) (C) section 124.243, if the district received capital
expenditure facilities aid according to that section for the
second preceding year;
(iv) (D) section 124.244, if the district received capital
expenditure equipment aid according to that section for the
second preceding year;
(v) (E) section 124.83, if the district received health and
safety aid according to that section for the second preceding
year;
(vi) (F) sections 124.2713, 124.2714, and 124.2715, if the
district received aid for community education programs according
to any of those sections for the second preceding year;
(vii) (G) section 124.2711, subdivision 2a, if the district
received early childhood family education aid according to
section 124.2711 for the second preceding year;
(viii) (H) section 124.321, subdivision 3, if the district
received special education levy equalization aid according to
that section for the second preceding year;
(ix) (I) section 124A.03, subdivision 1g, if the district
received referendum equalization aid according to that section
for the second preceding year; and
(x) (J) section 124A.22, subdivision 4a, if the district
received training and experience aid according to that section
for the second preceding year; to
(B) to (ii) the total amount of the school district's
certified levy for the fiscal year, plus or minus auditor's
adjustments.
(b) (c) An amount must be subtracted from the school
district's levy limitation for the next levy certified equal to
the difference between:
(1) the amount of the distribution of excess increment,;
and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district shall must use the payment of excess tax increment to
replace the aid and levy revenue reduced under this subdivision.
(d) This subdivision applies only to the total amount of
excess increments received by a school district for a calendar
year that exceeds $25,000.
Sec. 49. Minnesota Statutes 1996, section 124.625, is
amended to read:
124.625 [VETERANS TRAINING.]
The commissioner shall continue the veterans training
program. All receipts to the veterans training revolving fund
for the veterans training program are appropriated to the
commissioner to pay the necessary expenses of operation of the
program. The department of children, families, and learning
shall must act as the state agency for approving educational
institutions for purposes of United States Code, title 38,
chapter 36, relating to educational benefits for veterans and
other persons. The state board may adopt rules to fulfill its
obligations as the state approving agency. All federal money
received for purposes of the veterans training program shall
must be deposited in the veterans training revolving fund and is
appropriated to the department for those purposes.
Sec. 50. Minnesota Statutes 1996, section 124A.036, as
amended by Laws 1997, chapter 7, article 1, section 65, is
amended to read:
124A.036 [PAYMENTS TO RESIDENT AND NONRESIDENT DISTRICTS.]
Subdivision 1. [AID TO DISTRICT OF RESIDENCE.] General
education aid shall must be paid to the district of residence
unless otherwise specifically provided by law.
Subd. 1a. [REPORTING; REVENUE FOR HOMELESS.] For all
school purposes, unless otherwise specifically provided by law,
a homeless pupil must be considered a resident of the school
district that enrolls the pupil.
Subd. 2. [DISTRICT WITHOUT SCHOOLS.] Except as otherwise
provided in law, any district not maintaining classified
elementary or secondary schools shall must pay the tuition
required in order to enable resident pupils to attend school in
another district when necessary, and shall must receive general
education aid on the same basis as other districts. The
aid shall must be computed as if the pupils were enrolled in the
district of residence.
Subd. 3. [NOTIFICATION OF RESIDENT DISTRICT.] A district
educating a pupil who is a resident of another district shall
must notify the district of residence within 60 days of the date
the pupil is determined by the district to be a nonresident, but
not later than August 1 following the end of the school year in
which the pupil is educated. If the district of residence does
not receive a notification from the providing district pursuant
to this subdivision, it shall is not be liable to that district
for any tuition billing received after August 1 of the next
school year.
Subd. 4. [STATE AGENCY AND COURT PLACEMENTS.] If a state
agency or a court of the state desires to place a child in a
school district which that is not the child's district of
residence, that agency or court shall must, prior to before
placement, allow the district of residence an opportunity to
participate in the placement decision and notify the district of
residence, the district of attendance and the commissioner of
children, families, and learning of the placement decision.
When a state agency or court determines that an immediate
emergency placement is necessary and that time does not permit
district participation in the placement decision or notice to
the districts and the commissioner of children, families, and
learning of the placement decision prior to before the
placement, the agency or court may make the decision and
placement without that participation or prior notice. The
agency or court shall must notify the district of residence, the
district of attendance and the commissioner of children,
families, and learning of an emergency placement within 15 days
of the placement.
Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
education aid for districts must be adjusted for each pupil
attending a nonresident district under sections 120.062,
120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22.
The adjustments must be made according to this subdivision.
(a) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory revenue attributable to the pupil in
the resident district.
(b) General education aid paid to a district serving a
pupil in programs listed in this subdivision shall must be
increased by an amount equal to the general education revenue
exclusive of compensatory revenue attributable to the pupil in
the nonresident district.
(c) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
(d) The district of residence shall must pay tuition to a
district or an area learning center, operated according to
paragraph (e), providing special instruction and services to a
pupil with a disability, as defined in section 120.03, or a
pupil, as defined in section 120.181, who is enrolled in a
program listed in this subdivision. The tuition shall must be
equal to (1) the actual cost of providing special instruction
and services to the pupil, including a proportionate amount for
debt service and for capital expenditure facilities and
equipment, and debt service but not including any amount for
transportation, minus (2) the amount of general education aid
and special education aid, attributable to that pupil, that is
received by the district providing special instruction and
services.
(e) An area learning center operated by a service
cooperative, intermediate district, education district, or a
joint powers cooperative may elect through the action of the
constituent boards to charge tuition for pupils rather than to
calculate general education aid adjustments under paragraph (a),
(b), or (c). The tuition must be equal to the greater of the
average general education revenue per pupil unit attributable to
the pupil, or the actual cost of providing the instruction,
excluding transportation costs, if the pupil meets the
requirements of section 120.03 or 120.181.
Subd. 6. [CHARTER SCHOOLS.] (a) The general education aid
for districts must be adjusted for each pupil attending a
charter school under section 120.064. The adjustments must be
made according to this subdivision.
(b) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory revenue.
(c) General education aid paid to a district in which a
charter school not providing transportation according to section
120.064, subdivision 15, is located shall must be increased by
an amount equal to the product of: (1) the sum of $170, plus
the transportation sparsity allowance for the district, plus the
transportation transition allowance for the district; times (2)
the pupil units attributable to the pupil.
(d) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
Sec. 51. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
121.01 121A.01
121.81 121A.02
121.82 121A.03
121.02, subd. 1 121A.04, subd. 1
subd. 2a subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
121.03 121A.05
121.04 121A.06
121.05 121A.07
121.06 121A.08
121.14 121A.09
121.11, subd. 7 121A.10, subd. 1
subd. 7b subd. 2
subd. 7d subd. 3
subd. 9 subd. 4
subd. 11 subd. 5
subd. 7c 121A.11
121.1113 121A.12
121.1115, subd. 1 121A.13, subd. 1
subd. 1a subd. 2
subd. 2 subd. 3
126.685 121A.15
121.48 121A.17
121.1601 121A.19
126.82 121A.20
121.16, subd. 1 121A.22, subd. 1
subd. 3 subd. 2
121.161 121A.23
121.162 121A.24
121.163 121A.25
121.175 121A.27
121.15, subd. 1 121A.31, subd. 1
subd. 1a subd. 2
subd. 1b subd. 3
subd. 2 subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
subd. 5 subd. 7
subd. 6 subd. 8
subd. 7 subd. 9
subd. 7a subd. 10
subd. 8 subd. 11
subd. 9 subd. 12
121.1501 121A.32
121.1502 121A.33
121.931, subd. 1 121A.36, subd. 1
subd. 2 subd. 2
subd. 5 subd. 3
121.932, subd. 2 121A.37, subd. 1
subd. 3 subd. 2
subd. 4 subd. 3
subd. 4a subd. 4
subd. 4b subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
121.933, subd. 1 121A.38
121.95 121A.39
121.498 121A.41
121.496, subd. 2 121A.43, subd. 1
subd. 3 subd. 2
121.11, subd. 5 121A.50
121.918 121A.51
121.919 121A.52
124.078 121A.54
124.079 121A.55
124.08 121A.56
124.09 121A.57
124.10 121A.58
124.12 121A.60
124.14, subd. 1 121A.61, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 3a subd. 4
subd. 4 subd. 5
subd. 6 subd. 6
subd. 7 subd. 7
subd. 8 subd. 8
124.15, subd. 1 121A.62, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
subd. 4 subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
subd. 7 subd. 8
subd. 8 subd. 9
124.155 121A.63
124.18 121A.65
124.195, subd. 1 121A.67, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 3a subd. 4
subd. 3b subd. 5
subd. 3c subd. 6
subd. 4 subd. 7
subd. 5 subd. 8
subd. 6 subd. 9
subd. 7 subd. 10
subd. 8 subd. 11
subd. 9 subd. 12
subd. 10 subd. 13
subd. 11 subd. 14
subd. 14 subd. 15
subd. 15 subd. 16
124.196 121A.68
124A.036 121A.69
124.2131, subd. 1 121A.70, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 3a subd. 4
subd. 5 subd. 5
subd. 6 subd. 6
subd. 7 subd. 7
subd. 8 subd. 8
subd. 9 subd. 9
subd. 10 subd. 10
subd. 11 subd. 11
124.214 121A.72
124.2141 121A.73
126.256 121A.80
126.115 121A.82
124.625 121A.84
ARTICLE 5
CHAPTER 122A
SCHOOL DISTRICTS; FORMATION AND COOPERATION
Section 1. Minnesota Statutes 1996, section 121.155, is
amended to read:
121.155 [JOINT POWERS AGREEMENTS FOR FACILITIES.]
Subdivision 1. [INSTRUCTIONAL FACILITIES.] Any group of
districts may form a joint powers district under section 471.59
representing all participating districts to build or acquire a
facility to be used for instructional purposes. The joint
powers board must submit the project for review and comment
under section 121.15. The joint powers board must hold a
hearing on the proposal. The joint powers district must submit
the question of authorizing the borrowing of funds for the
project to the voters of the joint powers district at a special
election. The question submitted shall state the total amount
of funding needed from all sources. The joint powers board may
issue the bonds according to chapter 475 and certify the levy
required by section 475.61 only if a majority of those voting on
the question vote in the affirmative and only after the school
boards of each member district have adopted a resolution
pledging the full faith and credit of that district. The
resolution shall irrevocably commit that district to pay a
proportionate share, based on pupil units, of any debt levy
shortages that, together with other funds available, would allow
the joint powers board to pay the principal and interest on the
obligations. The district's payment of its proportionate share
of the shortfall shall be made from the district's capital
expenditure fund. The clerk of the joint powers board must
certify the vote of the bond election to the commissioner of
children, families, and learning.
Subd. 2. [SHARED FACILITIES.] A group of governmental
units may form a joint powers district under section 471.59
representing all participating units to build or acquire a
facility. The joint powers board must submit the project for
review and comment under section 121.15. The joint powers board
must hold a hearing on the proposal. The joint powers district
must submit the question of authorizing the borrowing of funds
for the project to the voters of the joint powers district at a
special election. The question submitted shall state the total
amount of funding needed from all sources. The joint powers
board may issue the bonds according to chapter 475 and certify
the levy required by section 475.61 only if a majority of those
voting on the question vote in the affirmative and only after
the boards of each member unit have adopted a resolution
pledging the full faith and credit of that unit. The resolution
must irrevocably commit that unit to pay an agreed upon share of
any debt levy shortages that, together with other funds
available, would allow the joint powers board to pay the
principal and interest on the obligations. The clerk of the
joint powers board must certify the vote of the bond election to
the commissioner of children, families, and learning.
Sec. 2. Minnesota Statutes 1996, section 122.01, is
amended to read:
122.01 [DEFINITIONS.]
Subdivision 1. [DEFINITIONS.] For purposes of this
chapter, the words defined in section 120.02, have the same
meaning.
Subd. 2. [TEACHER.] For purposes of this chapter, "teacher"
means a teacher as defined in section 125.12, subdivision 1.
Sec. 3. Minnesota Statutes 1996, section 122.02, is
amended to read:
122.02 [CLASSES, NUMBER.]
School Districts shall be classified as common,
independent, or special districts, each of which is a public
corporation. Each district shall be known by its classification
and each shall be assigned a number by the commissioner so that
its title will be .......... school district number ..... .
Sec. 4. Minnesota Statutes 1996, section 122.03, is
amended to read:
122.03 [ASSIGNMENT OF IDENTIFICATION NUMBERS.]
Subdivision 1. [ASSIGNMENT.] The commissioner of children,
families, and learning shall, by order, assign an identification
number to each district. The assignment shall be made so that
each classified district has an exclusive identification number
which is exclusive to it in its classification.
Subd. 2. [NOTIFICATION.] Upon making the assignment of an
identification number, the commissioner of children, families,
and learning shall forthwith notify the clerk of the district
and the county auditors of the counties in which any part of the
district lies of the identification number assigned. A
certified copy of the order may be recorded in the office of the
county recorder to show the new legal name of the district.
Subd. 3. [LEGAL IDENTIFICATION.] From and after the making
of the order, The legal identification of the district shall
become and be as assigned the assigned identification number.
All records, correspondence, reports and references to the
district shall must thereafter refer to the district by its
proper title as assigned.
Subd. 4. [USE OF NUMBERS.] A number once assigned to a
district under section 122.02 or under any prior law, shall must
not be used again to identify any district in the same
classification. As the need arises, and as required by law, as
new districts are formed, the commissioner of children,
families, and learning shall assign unused numbers as
identification. When numbered districts are dissolved, the
numbers assigned to them will not be reassigned to any other
district.
Sec. 5. Minnesota Statutes 1996, section 122.21, is
amended to read:
122.21 [DETACHMENT AND ANNEXATION OF LAND.]
Subdivision 1. [DETACHMENT AND ANNEXATION.] The owner of
land which adjoins any independent district, and whose land is
not in a special district may petition the county board of the
county in which the greater part of the area proposed for
detachment and annexation lies to detach all or any part of the
land together with the intervening lands as defined
in subparagraph paragraph (b) below, from the district it now is
in, and to attach it, together with such intervening land, to
the adjoining district. For purpose of this section, land is
adjoining a school district if:
(a) The boundary of the area proposed for detachment and
annexation is the same as the district boundary to which
attachment is sought at any point, including corners, or
(b) The area proposed for detachment and annexation is
separated at any point from the district to which annexation is
sought by not more than one-half mile and the intervening land
is vacant and unoccupied or is owned by one or more of the
following: The United States, or the state of Minnesota or any
of its political subdivisions, or an owner who is unknown or
cannot be found or
(c) The area proposed by a land owner for detachment and
annexation is adjoining, (as defined in subparagraphs
paragraphs (a) and (b) above), any land proposed for detachment
from and annexation to the same district in another pending
petition.
Subd. 2. [PETITION.] The petition shall must contain:
(a) A correct description of the area proposed for
detachment and annexation, together with such including
supporting data with regard to regarding location and title to
land as will establish facts conformable to subdivision 1 to
establish that the land is adjoining a district.
(b) The reasons for the proposed change with facts showing
that the granting of the petition will not reduce the size of
any district to less than four sections, unless the district is
not operating a school within the district.
(c) Consent to the petition, endorsed thereon at any time
before the hearing by the board of the district from which the
area is to be removed, if, at the time of the filing of the
petition, any part of the area proposed for detachment is part
of a district which maintains and operates a secondary school
within the district. Before the hearing, the consent of the
board of the district in which the area proposed for detachment
lies must be endorsed on the petition.
(d) An identification of the district to which annexation
is sought.
(e) Such Other information as the petitioners may desire to
affix.
(f) An acknowledgment by the petitioner.
Subd. 3. [FILING PETITION.] The petition shall must be
filed with the auditor who shall present it to the county board
at its next meeting. At the meeting, the county board shall
must fix a time and place for hearing the petition, which time.
The hearing shall be not more than 60 nor less than ten days
from the date of the meeting. The auditor shall forthwith serve
notice of the hearing on each district directly affected by the
petition, by mail addressed to the clerk. If any area affected
by the petition is in another county, the auditor shall mail a
notice of hearing to the auditor of such county and shall also
give one week's published notice of the hearing in the county
wherein in which the hearing is to be held, and ten days' posted
notice in each school district affected. Such posted and
published notice may combine pending petitions. At the hearing
on the petition, the county board shall must receive and hear
any evidence for or against the petition. The hearing may be
adjourned from time to time.
Subd. 4. [ORDER.] Within six months of the time when the
petition was filed filing of the petition, the county board
shall must issue its order either granting or denying the
petition, unless all or part. If any of the land area described
in the petition is included in a plat for consolidation or
combination which has been approved by the commissioner of
children, families, and learning in which event, then no order
may be issued while consolidation or combination proceedings are
pending. No order shall be issued which results in attaching to
a district any territory not adjoining that district, as defined
in subdivision 1(a). No order shall be issued which reduces the
size of any district to less than four sections unless the
district is not operating a school within the district. The
order may be made effective at have a deferred effective date
not later than July 1 next immediately following its issuance.
If the petition be is granted, the auditor shall transmit a
certified copy to the commissioner. Failure to issue an order
within six months of the filing of the petition or termination
of proceedings upon an approved consolidation plat, whichever is
later, is a denial of the petition.
Subd. 5. [MODIFICATION OF RECORDS.] Upon receipt of the
order, the commissioner shall forthwith modify the records and
any plats and petitions and proceedings involving districts
affected by such order presently before the commissioner for
action or record, to conform to the order.
Subd. 6. [TAXABLE PROPERTY.] Upon the effective date of
the order, the detachment and annexation ordered therein is
effected. All taxable property in the area so detached and
annexed remains taxable for payment of any school purpose
obligations theretofore authorized by or on that date
outstanding already authorized by or outstanding on the
effective date of the order against the district from which
detached. Such property is not by virtue of the order
relieved The order does not relieve such property from the
obligation of any bonded debt theretofore already incurred to
which it was subject prior to the order. All taxable property
in the area so detached and annexed is taxable for payment of
any school district obligations authorized on or subsequent to
the effective date of the order by the district to which
annexation is made.
Sec. 6. Minnesota Statutes 1996, section 122.22,
subdivision 1, is amended to read:
Subdivision 1. [DISSOLUTION.] Any district may be
dissolved and the territory be attached to other districts by
proceeding in accordance with this section.
Sec. 7. Minnesota Statutes 1996, section 122.22,
subdivision 4, is amended to read:
Subd. 4. [PETITION.] A petition executed pursuant to
subdivision 2(b) shall be filed with the auditor. It shall The
petition must contain the following:
(a) A statement that petitioners desire proceedings
instituted leading to dissolution of the district and other
provisions made for the education of the inhabitants of the
territory and that petitioners are eligible voters of the
district;
(b) An identification of the district; and
(c) The reasons supporting the petition which may include
recommendations as to disposition of territory to be dissolved.
The recommendations are advisory in nature only and are not
binding on any petitioners or county board for any purpose.
The persons circulating the petition shall attach their
affidavit swearing or affirming that the persons executing the
petition are eligible voters, as defined in section 201.014, of
the district and that they signed in the presence of one of the
circulators.
The auditor shall present the petition to the county board
at its next meeting. At that meeting, the county board shall
must determine a date for a hearing. The hearing shall be not
less than 20 nor more than 60 days from the date of that meeting.
Sec. 8. Minnesota Statutes 1996, section 122.22,
subdivision 5, is amended to read:
Subd. 5. [CERTIFICATION.] Certification executed pursuant
to subdivision 2(c) shall must be filed with the auditor. It
shall The certification must contain the following:
(a) A copy of the resolution initiating the election;
(b) A copy of the notice of election with an affidavit of
publication or posting;
(c) The question voted on;
(d) The results of the election by number of votes cast for
and number against the question; and
(e) If an advisory ballot is taken on annexation, the
question voted on and number of ballots cast for and against the
proposal.
The auditor shall present the certification to the county
board at its next meeting. At that meeting, the county board
shall must determine a date for a hearing. The hearing shall be
not less than 20 nor more than 60 days from the date of that
meeting.
Sec. 9. Minnesota Statutes 1996, section 122.22,
subdivision 6, is amended to read:
Subd. 6. [HEARING.] When a hearing is ordered under this
section, the auditor shall have give ten days' posted notice of
the hearing in the district proposed for dissolution, one week's
published notice in the county, and ten days' mailed notice to
the clerk of the district proposed for dissolution and to the
clerk of each adjoining district and to the commissioner.
If all or any part of the district proposed for dissolution or
any adjoining district lies in another county, the auditor shall
forthwith upon establishment of the hearing date, mail notice of
the hearing to the auditor of each county so situated upon
establishment of the hearing date.
Sec. 10. Minnesota Statutes 1996, section 122.22,
subdivision 7a, is amended to read:
Subd. 7a. [INFORMATION TO COUNTY AUDITOR.] (a) Before the
day of a hearing ordered pursuant to this section, each district
adjoining the district proposed for dissolution shall must
provide the following information and resolution to the county
auditor of the county containing the greatest land area of the
district proposed for dissolution:
(1) The outstanding bonded debt, outstanding energy loans
made according to section 216C.37 or sections 298.292 to
298.298, and the capital loan obligation of the district;
(2) The net tax capacity of the district;
(3) The most current school tax rates for the district,
including any referendum, discretionary, or other optional
levies being assessed currently and the expected duration of the
levies;
(4) A resolution passed by the school board of the district
stating that if taxable property of the dissolved district is
attached to it, one of the following requirements is imposed:
(i) the taxable property of the dissolving district which
is attached to its district shall not be liable for the bonded
debt, outstanding energy loans made according to section 216C.37
or sections 298.292 to 298.298, or the capital loan obligation
of the district which existed as of the time of the attachment;
(ii) the taxable property of the dissolving district which
is attached to its district shall be liable for the payment of
the bonded debt, outstanding energy loans made according to
section 216C.37 or sections 298.292 to 298.298, or the capital
loan obligation of the district which existed as of the time of
the attachment in the proportion which the net tax capacity of
that part of the dissolving district which is included in the
newly enlarged district bears to the net tax capacity of the
entire district as of the time of attachment; or
(iii) the taxable property of the dissolving district which
is attached to its district shall be liable for some specified
portion of the amount that could be requested pursuant to
subclause (ii).
(b) An apportionment pursuant to paragraph (a), clause (4),
subclause (ii) or (iii), shall be made by the county auditor of
the county containing the greatest land area of the district
proposed for transfer.
(c) An apportionment of bonded indebtedness, outstanding
energy loans made according to section 216C.37 or sections
298.292 to 298.298, or capital loan obligation pursuant to
paragraph (a), clause (4), subclause (ii) or (iii), shall not
relieve any property from any tax liability for payment of any
bonded or capital obligation, but taxable property in a district
enlarged pursuant to this section becomes primarily liable for
the payment of the bonded debt, outstanding energy loans made
according to section 216C.37 or sections 298.292 to 298.298, or
capital loan obligation to the extent of the proportion stated.
Sec. 11. Minnesota Statutes 1996, section 122.22,
subdivision 9, is amended to read:
Subd. 9. [ORDER FOR DISSOLUTION.] (a) An order issued
under subdivision 8, clause (b), shall must contain the
following:
(1) A statement that the district is dissolved unless the
results of an election held pursuant to subdivision 11 provide
otherwise;
(2) A description by words or plat or both showing the
disposition of territory in the district to be dissolved;
(3) The outstanding bonded debt, outstanding energy loans
made according to section 216C.37 or sections 298.292 to
298.298, and the capital loan obligation of the district to be
dissolved;
(4) A statement requiring the fulfillment of the
requirements imposed by each adjoining district to which
territory in the dissolving district is to be attached regarding
the assumption of its outstanding preexisting bonded
indebtedness by any territory from the dissolving district which
is attached to it;
(5) An effective date for the order. The effective date
shall be July 1 of an odd-numbered year unless the school board
and the exclusive representative of the teachers in each
affected district agree to an effective date of July 1 of an
even-numbered year. The agreement must be in writing and
submitted to the commissioner of children, families, and
learning; and
(6) Other information the county board may desire to
include.
(b) The auditor shall within ten days from its issuance
serve a copy of the order by mail upon the clerk of the district
to be dissolved and upon the clerk of each district to which the
order attaches any territory of the district to be dissolved and
upon the auditor of each other county in which all or any part
of the district to be dissolved or any district to which the
order attaches territory lies, and upon the commissioner.
Sec. 12. Minnesota Statutes 1996, section 122.22,
subdivision 13, is amended to read:
Subd. 13. [ELECTION DATE.] If an election is required
under subdivision 11, then before the expiration of a 45 day
period after the date of the order for dissolution and
attachment, the auditor shall set a date and call the election
by filing a written order therefor for the election and serving
a copy thereof of the order personally or by mail on the clerk
of the district in which the election is to be held. The date
shall be not less than 15 nor more than 30 days after the date
of the order, upon which date a special election shall be held
in the district proposed for dissolution. The auditor
shall cause post and publish notice of the election to be posted
and published according to law. Upon receipt of the notice, the
board shall conduct the election.
Sec. 13. Minnesota Statutes 1996, section 122.22,
subdivision 14, is amended to read:
Subd. 14. [ELECTION RESULTS.] The board must certify the
results of the election shall be certified by the board to the
auditor. If a majority of all votes cast on the question at the
election approve the order, the order becomes final and
effective as of the date specified in the order. Each person
served with the order shall be so notified. If a majority of
all votes cast on the question disapprove the order, the
proceedings are dismissed, and the order becomes void.
Sec. 14. Minnesota Statutes 1996, section 122.22,
subdivision 18, is amended to read:
Subd. 18. [BONDED DEBT.] The bonded debt of a district
dissolved under provisions of this section shall must be paid
according to levies made therefor for that debt under provision
of chapter 475. The obligation of the taxable property in the
dissolved district with reference to the payment of such bonded
debt is not affected by this section.
Sec. 15. Minnesota Statutes 1996, section 122.22,
subdivision 20, is amended to read:
Subd. 20. [CURRENT ASSETS AND LIABILITIES.] If the
dissolved district is not divided by the order of dissolution
and attachment, all of its current assets and liabilities, real
and personal, and all its legally valid and enforceable claims
and contract obligations shall must pass to the district to
which it is attached, except as provided in section 122.532. If
the district to be dissolved is divided by the order of
dissolution and attachment, the commissioner shall, within 30
days after the order is issued, issue an order for the
distribution of its current assets and liabilities, real and
personal. If the commissioner's order provides for the transfer
of an interest in real estate to a district, this order may also
impose a dollar amount as a claim against that district in favor
of other districts, and this claim shall be paid and enforced in
the manner provided by law for the payment of judgments against
a district. The obligations of districts to the teachers
employed by the dissolved district shall be governed by the
provisions of section 122.532.
Sec. 16. Minnesota Statutes 1996, section 122.22,
subdivision 21, is amended to read:
Subd. 21. [LEVIES.] (a) In the year prior to the effective
date of the dissolution of a district, the school board of a
district to which all of the dissolving district is to be
attached may adopt a resolution directing the school board of
the dissolving district to certify levies for general education,
basic transportation, and capital expenditure equipment and
facilities in an amount not to exceed the maximum amount
authorized for the dissolving district for taxes payable in the
year the dissolution is effective. If the dissolving district
is to be attached to more than one school district, the boards
of the districts to which the dissolving district is to be
attached may adopt a joint resolution that accomplishes the
purpose in this paragraph.
(b) Notwithstanding any other law to the contrary, upon
receipt of a resolution under paragraph (a), the board of the
dissolving district must certify levies in the amounts specified
in the resolution for taxes payable in the year the dissolution
is effective.
Sec. 17. Minnesota Statutes 1996, section 122.23,
subdivision 2, is amended to read:
Subd. 2. [RESOLUTION.] (a) Upon a resolution of a school
board in the area proposed for consolidation or upon receipt of
a petition therefor executed by 25 percent of the voters
resident in the area proposed for consolidation or by 50 such
voters, whichever is lesser less, the county auditor of the
county which contains the greatest land area of the proposed new
district shall forthwith cause a plat to be prepared prepare a
plat. The resolution or petition shall must show the
approximate area proposed for consolidation.
(b) The resolution or petition may propose the following:
(1) that the bonded debt of the component districts will be
paid according to the levies previously made for that debt under
chapter 475, or that the taxable property in the newly created
district will be taxable for the payment of all or a portion of
the bonded debt previously incurred by any component district as
provided in subdivision 16;
(2) that obligations for a capital loan or an energy loan
made according to section 216C.37 or sections 298.292 to 298.298
outstanding in a preexisting district as of the effective date
of consolidation remain solely with the preexisting district
that obtained the loan, or that all or a portion of the loan
obligations will be assumed by the newly created or enlarged
district and paid by the newly created or enlarged district on
behalf of the preexisting district that obtained the loan;
(3) that referendum levies previously approved by voters of
the component districts pursuant to section 124A.03, subdivision
2, or its predecessor provision, be combined as provided in
section 122.531, subdivision 2a or 2b, or that the referendum
levies be discontinued;
(4) that the board of the newly created district consist of
the number of members determined by the component districts,
which may be six or seven members elected according to
subdivision 18, or any number of existing school board members
of the component districts, and a method to gradually reduce the
membership to six or seven; or
(5) that separate election districts from which school
board members will be elected, the boundaries of these election
districts, and the initial term of the member elected from each
of these election districts be established.
The resolution must provide for election of board members
from one of the following options: single-member districts;
multimember districts; at large; or a combination of these
options. The resolution must include a plan for the orderly
transition to the option chosen.
A group of districts that operates a cooperative secondary
facility funded under section 124.494 may also propose a
temporary school board structure as specified in section
124.494, subdivision 7.
If a county auditor receives more than one request for a
plat and the requests involve parts of identical districts, the
auditor shall forthwith prepare a plat which in the auditor's
opinion best serves the educational interests of the inhabitants
of the districts or areas affected.
(c) The plat shall must show:
(1) Boundaries of the proposed district, as determined by
the county auditor, and present district boundaries,
(2) The location of school buildings in the area proposed
as a new district and the location of school buildings in
adjoining districts,
(3) The boundaries of any proposed separate election
districts, and
(4) Other pertinent information as determined by the county
auditor.
Sec. 18. Minnesota Statutes 1996, section 122.23,
subdivision 2b, is amended to read:
Subd. 2b. [ORDERLY REDUCTION PLAN.] As part of the
resolution required by subdivision 2, the school board must
prepare a plan for the orderly reduction of the membership of
the board to six or seven members and a plan for the
establishment or dissolution of election districts. The plan
must be submitted to the secretary of state for review and
comment.
Sec. 19. Minnesota Statutes 1996, section 122.23,
subdivision 3, is amended to read:
Subd. 3. [SUPPORTING STATEMENT.] The county auditor shall
prepare a supporting statement to accompany the plat shall be
prepared by the county auditor. The statement shall must
contain:
(a) The adjusted net tax capacity of property in the
proposed district,
(b) If a part of any district is included in the proposed
new district, the adjusted net tax capacity of the property and
the approximate number of pupils residing in the part of the
district included shall be shown separately and the adjusted net
tax capacity of the property and the approximate number of
pupils residing in the part of the district not included shall
also be shown,
(c) The reasons for the proposed consolidation, including a
statement that at the time the plat is submitted to the state
board of education, no proceedings are pending to dissolve any
district involved in the plat unless all of the district to be
dissolved and all of each district to which attachment is
proposed is included in the plat,
(d) A statement showing that the jurisdictional fact
requirements of subdivision 1 are met by the proposal,
(e) Any proposal contained in the resolution or petition
regarding the disposition of the bonded debt, outstanding energy
loans made according to section 216C.37 or sections 298.292 to
298.298, capital loan obligations, or referendum levies of
component districts,
(f) Any other information the county auditor desires to
include, and
(g) The signature of the county auditor.
Sec. 20. Minnesota Statutes 1996, section 122.23,
subdivision 6, is amended to read:
Subd. 6. [COMMISSIONER.] The commissioner shall, upon
receipt of a plat, forthwith examine it and approve, modify or
reject it. The commissioner shall also approve or reject any
proposal contained in the resolution or petition regarding the
disposition of the bonded debt of the component districts. If
the plat shows the boundaries of proposed separate election
districts and if the commissioner modifies the plat, the
commissioner shall also modify the boundaries of the proposed
separate election districts. The commissioner shall conduct a
hearing at the nearest county seat in the area upon reasonable
notice to the affected districts and county boards if requested
within 20 days after submission of the plat. Such a hearing may
be requested by The board of any affected district, a county
board of commissioners, or the petition of 20 resident voters
living within the area proposed for consolidation may request
such a hearing. The commissioner shall endorse on the plat
action regarding any proposal for the disposition of the bonded
debt of component districts and the reasons for these actions
and. Within 60 days of the date of the receipt of the plat, the
commissioner shall return it to the county auditor who submitted
it. The commissioner shall furnish a copy of that plat, and the
supporting statement and its endorsement to the auditor of each
county containing any land area of the proposed new district.
If land area of a particular county was included in the plat, as
submitted by the county auditor, and all of such land area is
excluded in the plat as modified and approved, the commissioner
shall also furnish a copy of the modified plat, supporting
statement, and any endorsement to the auditor of such county.
Sec. 21. Minnesota Statutes 1996, section 122.23,
subdivision 7, is amended to read:
Subd. 7. [NOTICE TO BOARD.] Upon receipt of an approved
plat, the county auditor shall forthwith notify the board of any
district, all or part of whose land is included in the proposed
new district.
Sec. 22. Minnesota Statutes 1996, section 122.23,
subdivision 8, is amended to read:
Subd. 8. [BOARD ADOPTION.] The board of any independent
district maintaining a secondary school, the board of any common
district maintaining a secondary school, all or part of whose
land is included in the proposed new district, shall must,
within 45 days of the approval of the plat by the commissioner,
either adopt or reject the plan as proposed in the approved
plat. If the board of any such district entitled to act on the
petition rejects the proposal, the proceedings are terminated
and dismissed. If any board fails to act on the plat within the
time allowed, the proceedings are terminated.
Sec. 23. Minnesota Statutes 1996, section 122.23,
subdivision 9, is amended to read:
Subd. 9. [MULTIPLE DISTRICTS; APPROVAL.] If the approved
plat contains land area in more than one independent district
maintaining a secondary school, or common district maintaining a
secondary school, and if each board entitled to act on the plat
approves the plat, each board shall cause publish notice of its
action to be published at least once in its official newspaper.
If all of the school boards entitled to act on the plat call, by
resolution, for an election on the question, or if five percent
of the eligible voters of any such district petition the clerk
of the district, within 30 days after the publication of the
notice, for an election on the question, the consolidation shall
not become effective until approved by a majority vote in the
district at an election held in the manner provided in
subdivisions 11, 12, and 13.
Sec. 24. Minnesota Statutes 1996, section 122.23,
subdivision 10, is amended to read:
Subd. 10. [APPROVAL BY RESIDENTS.] If an approved plat
contains land area in any district not entitled to act on
approval or rejection of the plat by action of its board, the
plat may be approved by the residents of the land area within 60
days of approval of plat by the commissioner in the following
manner:
A petition calling upon the county auditor to call and
conduct an election on the question of adoption or rejection of
the plat may be circulated in the land area by any person
residing in the area. Upon the filing of the petition with the
county auditor, executed by at least 25 percent of the eligible
voters in each district or part of a district contained in the
land area, the county auditor shall forthwith call and conduct a
special election of the electors resident in the whole land area
on the question of adoption of the plat. For the purposes of
this section, the term "electors resident in the whole land area"
means any person residing on any remaining portion of land, a
part of which is included in the consolidation plat. Any
eligible voter owning land included in the plat who lives upon
land adjacent or contiguous to that part of the voter's land
included in the plat shall be included and counted in computing
the 25 percent of the eligible voters necessary to sign the
petition and shall also be qualified to sign the petition.
Failure to file the petition within 60 days of approval of the
plat by the commissioner terminates the proceedings.
Sec. 25. Minnesota Statutes 1996, section 122.23,
subdivision 11, is amended to read:
Subd. 11. [NOTICE OF ELECTION.] Upon an election becoming
callable under provisions of subdivision 9 or 10, the school
board shall give ten days' posted notice of election in the area
in which the election is to be held and also if there be a
newspaper is published in the area, one weeks' published notice
shall be given. The notice shall must specify the time, place
and purpose of the election.
Sec. 26. Minnesota Statutes 1996, section 122.23,
subdivision 12, is amended to read:
Subd. 12. [ELECTION.] The school board shall determine the
date of the election, the number of boundaries of voting
precincts, and the location of the polling places where voting
shall be conducted, and the hours the polls will be open.
The school board shall also provide official ballots which shall
must be used exclusively and shall be in the following form:
For consolidation ....
Against consolidation ....
The school board shall must appoint election judges who
shall act as clerks of election. The ballots and results shall
must be certified to the school board who shall canvass and
tabulate the total vote cast for and against the proposal.
Sec. 27. Minnesota Statutes 1996, section 122.23,
subdivision 13, is amended to read:
Subd. 13. [EFFECTIVE DATE.] If a majority of the votes
cast on the question at the election approve the consolidation,
and if the necessary approving resolutions of boards entitled to
act on the plat have been adopted, the school board shall must,
within ten days of the election, notify the county auditor who
shall, within ten days of the notice or of the expiration of the
period during which an election can be called, issue an order
setting a date for the effective date of the change. The
effective date shall must be July 1 of the year determined by
the school board in the original resolution adopted under
subdivision 2. The auditor shall mail or deliver a copy of such
order to each auditor holding a copy of the plat and to the
clerk of each district affected by the order and to the
commissioner. The school board shall must similarly notify the
county auditor if the election fails. The proceedings are then
terminated and the county auditor shall so notify the
commissioner and the auditors and the clerk of each school
district affected.
Sec. 28. Minnesota Statutes 1996, section 122.23,
subdivision 14, is amended to read:
Subd. 14. [IDENTIFICATION NUMBER.] Upon receipt of the
order creating a new district, the commissioner shall forthwith,
by order, assign an identification number to the new district
and shall mail a copy of the order to the county auditor and to
each auditor who holds a copy of the plat. If all of the
territory in one and only one independent district maintaining a
secondary school is included in the new independent district
created pursuant to consolidation, and if the commissioner finds
that it is more practical and reasonable and in the interest of
efficiency and economy of operation to so do, the commissioner
may assign to the new district the same number as previously
held by the included independent district.
Sec. 29. Minnesota Statutes 1996, section 122.23,
subdivision 16, is amended to read:
Subd. 16. [BONDED DEBT.] As of the effective date of the
consolidation, the bonded debt of all component districts shall
must be paid according to the plan for consolidation proposed in
the approved plat and according to this subdivision.
(a) If the plan for consolidation so provides, the bonded
debt of all component districts shall must be paid according to
levies previously made for that debt under chapter 475. In this
case, the obligation of the taxable property in the component
districts with reference to the payment of such bonded debt is
not affected by the consolidation.
(b) If the plan for consolidation makes no provision for
the disposition of bonded debt, all the taxable property in the
newly created district is taxable for the payment of any bonded
debt incurred by any component district in the proportion which
the net tax capacity of that part of a preexisting district
which is included in the newly created district bears to the net
tax capacity of the entire preexisting district as of the time
of the consolidation.
(c) If the plan for consolidation so provides, all the
taxable property in the newly created district will be taxable
for a portion of the bonded debt incurred by any component
district prior to the consolidation.
The county auditor shall make the apportionment required
under paragraphs (b) and (c) shall be made by the county auditor
and shall be incorporated and incorporate the apportionment as
an annex to the order of the commissioner dividing the assets
and liabilities of the component parts. This subdivision shall
not relieve any property from any tax liability for payment of
any bonded obligation but taxable property in the newly created
district becomes primarily liable for the payment of bonded
debts to the extent of the proportion stated.
Sec. 30. Minnesota Statutes 1996, section 122.23,
subdivision 16c, is amended to read:
Subd. 16c. [BONDS; ELECTION.] The board of the newly
created district, when constituted as provided in subdivision
17, may provide for an election of that district on the issuance
of bonds. It may issue and sell bonds authorized at the
election, or bonds authorized at an election previously held in
any preexisting district wholly included within the newly
created district, or bonds for a purpose for which an election
is not required by law. The actions may be taken at any time
after the date of the county auditor's order issued under
subdivision 13, and before or after the date upon which the
consolidation becomes effective for other purposes, and taxes
for the payment of the bonds shall be levied upon all taxable
property in the newly created district. No bonds shall be
delivered to purchasers until 30 days after the date of the
county auditor's order. If within this period a notice of
appeal from the county auditor's order to the district court is
filed in accordance with section 127.25, no bonds shall be
delivered by the newly created district to purchasers unless:
(1) the county auditor's order is affirmed by final order
of the district court in the special proceeding, and a period of
30 days from the service of the final order expires without an
appeal being commenced; or,
(2) if an appeal is taken, the order is affirmed and the
time for petitioning for further review has expired; except
that. Notwithstanding the pendency of the appeal, if all of the
territory of one and only one independent district maintaining a
secondary school is included in the newly created district, and
if the net tax capacity of taxable property in the territory
comprises 90 percent or more of the net tax capacity of all
taxable property in the newly created district, then the board
may issue, sell, and deliver any bonds voted by the preexisting
independent district and any bonds voted or otherwise authorized
by the newly created district, notwithstanding the pendency of
the appeal, and the bonds shall must be paid by the levy of
taxes upon the property within the territory of the preexisting
independent district and within the other areas, if any, that
are finally determined to be properly included within the newly
created district. In any election held in the newly created
district as authorized in the preceding sentence, all qualified
electors residing within the area of that district as defined in
the county auditor's order shall be entitled to vote, but the
votes cast by residents of former districts or portions of
former districts included in the area, other than the
independent district maintaining the secondary school, shall be
received and counted separately. The bonds shall must not be
issued and sold unless authorized by a majority of the votes
cast thereon by electors of the independent district maintaining
the secondary school, and also by a majority of the votes cast
thereon by electors residing within the entire area of the newly
created district.
Sec. 31. Minnesota Statutes 1996, section 122.23,
subdivision 18, is amended to read:
Subd. 18. [BOARD ELECTION; DUTIES.] (a) The county auditor
shall determine a date, not less than 30 nor more than 60 days
from the date that the order setting the effective date of the
consolidation according to subdivision 13 was issued, upon which
date shall be held to hold a special election in the district
for the purpose of electing a board of six members for terms of
four years and until a successor is elected and qualifies
according to provisions of law governing the election of board
members in independent districts. Notwithstanding the
foregoing, three members of the first board must be elected to
terms that expire on the first Monday in January following the
first regularly scheduled school district general election that
occurs more than six months after the election of the first
board and three members must be elected to terms that expire on
the first Monday in January following the second school district
general election that occurs more than six months after the
election of the first board. If the first board consists of
seven members, then four members may be elected at either the
first or second regularly scheduled school district general
election following the election of the first board. If the
resolution or petition for consolidation pursuant to subdivision
2 proposed the establishment of separate election districts,
these members shall be elected from separate election districts
according to the provisions of that resolution or petition and
of chapter 205A.
(b) The county auditor shall give ten days' posted notice
of election in the area in which the election is to be held and
also if there be a newspaper is published in the proposed new
district, one weeks' published notice shall be given. The
notice shall must specify the time, place, and purpose of the
election.
(c) Any person desiring to be a candidate for a school
election shall file an application with the county auditor to
have the applicant's name placed on the ballot for such office,
specifying the term for which the application is made. The
application shall must be filed not less than 21 days before the
election.
(d) The county auditor shall prepare, at the expense of the
county, necessary ballots for the election of officers, placing
thereon the names of the proposed candidates for each office.
The ballots shall must be marked and signed as official ballots
and shall be used exclusively at the election. The county
auditor shall determine the number of voting precincts and the
boundaries of each. The county auditor shall determine the
location of polling places and the hours the polls shall be open
and shall appoint three election judges for each polling place
who shall act as clerks of election. Election judges shall
certify ballots and results to the county auditor for tabulation
and canvass.
(e) After making a canvass and tabulation, the county
auditor shall issue a certificate of election to the candidate
for each office who received the largest number of votes cast
for the office. The county auditor shall deliver such
certificate to the person entitled thereto to a certificate by
certified mail, and each person so certified shall file an
acceptance and oath of office with the county auditor within 30
days of the date of mailing of the certificate. A person who
fails to qualify prior to the time specified shall be deemed to
have refused to serve, but such filing may be made at any time
before action to fill vacancy has been taken.
(f) The board of each district included in the new enlarged
district shall continue to maintain school the schools therein
until the effective date of the consolidation. Such boards
shall have power and authority only to make such contracts, to
do such things as are necessary to maintain properly maintain
the schools for the period prior to that date, and to certify to
the county auditor according to levy limitations applicable to
the component districts the taxes collectible in the calendar
year when the consolidation becomes effective.
(g) It shall be the immediate duty of The newly elected
board of the new enlarged district has the immediate duty, when
after the members thereof have qualified and the board has been
organized, to plan for the maintenance of the school or schools
of the new district for the next school year, to enter into the
necessary negotiations and contracts for the employment of
personnel, purchase of equipment and supplies, and other
acquisition and betterment purposes, when authorized by the
voters to issue bonds under the provisions of chapter 475; and.
On the effective date of the consolidation to, the newly elected
board must assume the full duties of the care, management and
control of the new enlarged district. The board of the new
enlarged district shall must give due consideration to the
feasibility of maintaining such existing attendance centers and
of establishing such other attendance centers, especially in
rural areas, as will afford equitable and efficient school
administration and assure the convenience and welfare of the
pupils residing in the enlarged district. The obligations of
the new board to teachers employed by component districts shall
be governed by the provisions of section 122.532. The
obligations of the new board to nonlicensed employees employed
by component districts is governed by subdivision 18a.
Sec. 32. Minnesota Statutes 1996, section 122.23,
subdivision 18a, is amended to read:
Subd. 18a. [NONLICENSED EMPLOYEES.] (a) As of the
effective date of a consolidation of two or more districts or
parts of them, each nonlicensed employee employed by an affected
district must be assigned to the newly created district.
(b) As of the effective date of a consolidation, any
employee organization may petition the commissioner of the
bureau of mediation services for a certification election under
chapter 179A. An organization certified as the exclusive
representative for nonlicensed employees in a particular
preexisting district continues as the exclusive representative
for those particular employees for a period of 90 days from the
effective date of a consolidation. If a petition for
representation of nonlicensed employees is filed within 90 days,
an exclusive representative for those particular nonlicensed
employees continues as the exclusive representative until the
bureau of mediation services certification proceedings are
concluded.
(c) The terms and conditions of employment of nonlicensed
employees assigned to the newly created district are temporarily
governed by contracts executed by an exclusive representative
for a period of 90 days from the effective date of the
consolidation. If a petition for representation is filed with
the bureau of mediation services within the 90 days, the
contractual terms and conditions of employment for those
nonlicensed employees who were governed by a preexisting
contract continue in effect until the bureau of mediation
services proceedings are concluded and, if an exclusive
representative has been elected, until successor contracts are
executed between the board of the newly created district and the
new exclusive representative. The terms and conditions of
employment of nonlicensed employees assigned to the newly
created district who were not governed by a collective
bargaining agreement at the time of the consolidation are
governed by the policies of the board of the newly created
district.
(d) The date of first employment in the newly created
district is the date on which services were first performed by
the employee in the preexisting district. Any sick leave,
vacation time, or severance pay benefits accumulated under
policies of the preexisting district or contracts between the
exclusive representatives and the board of the preexisting
district continue to apply in the newly created district to the
employees of the preexisting districts, subject to any maximum
accumulation limitations negotiated in a successor contract.
Future leaves of absence, vacations, or other benefits to be
accumulated in the newly created district are governed by board
policy or by contract between the exclusive representative of an
appropriate unit of employees and the board of the newly created
district. The board of the newly created district shall must
provide, to transferred nonlicensed employees, open enrollment
in all insurance plans with no limit on preexisting conditions.
Sec. 33. Minnesota Statutes 1996, section 122.23,
subdivision 20, is amended to read:
Subd. 20. [RETIREMENT INCENTIVES.] (a) For consolidations
effective July 1, 1994, and thereafter, a school board of a
district may offer early retirement incentives to licensed and
nonlicensed staff. The early retirement incentives that the
board may offer are:
(1) the payment of employer pension plan contributions for
a specified period of allowable service credit for district
employees who have at least ten years of allowable service
credit in the applicable pension plan under paragraph (b);
(2) an extended leave of absence for an eligible employee
under section 125.60;
(3) severance payment incentives under paragraph (c); and
(4) the employer payment of the premiums for continued
health insurance coverage under paragraph (d).
These incentives may only be offered to employees who
terminate active employment with the school district or who
enter into an extended leave of absence as a result of the
consolidation, whichever applies. The board may determine the
staff to whom the incentives are offered. Unilateral
implementation of this section by a school board is not an
unfair labor practice under chapter 179A.
(b) An employee with at least ten years of allowable
service credit in the applicable pension plan who is offered an
early retirement incentive under paragraph (a), clause (1), may
purchase up to five additional years of allowable service credit
from the applicable pension plan. To do so, the former employee
must pay the member contributions to the pension plan annually
in a manner and in accord with a schedule specified by the
executive director of the applicable fund. If the former
employee makes the member contribution, the board shall must
make the applicable employer contribution. The salary used to
determine these contributions is the salary of the person in the
last year that the former employee was employed by the
district. During the period of continuing member and employer
contributions, the person is not considered to be an active
member of the applicable pension plan, is not eligible for any
active member disability or survivorship benefit coverage, and
is not included in any postemployment termination benefit plan
changes unless the applicable benefit legislation provides
otherwise. Continued eligibility to purchase service credit
under this paragraph expires if the person is subsequently
employed during the service purchase period by a public employer
with retirement coverage under a pension plan specified in
section 356.30, subdivision 3.
(c) Severance payment incentives must conform with sections
465.72, 465.721, and 465.722.
(d) The board may offer a former employee continued
employer-paid health insurance coverage. Coverage may not
extend beyond age 65 or the end of the first month in which the
employee is eligible for employer-paid health insurance coverage
from a new employer. For purposes of this subdivision,
"employer-paid health insurance coverage" means medical,
hospitalization, or health insurance coverage provided through
an insurance company that is licensed to do business in the
state and for which the employing unit pays more than one-half
of the cost of the insurance premiums.
(e) A school board may offer these incentives beginning on
the day that the consolidation is approved under section 122.23,
subdivision 12 or, if an election is not called under section
122.23, subdivision 9 or 10, on the day that the plat is
approved by the commissioner. A board may offer these
incentives until the June 30 following the effective date of the
consolidation.
Sec. 34. Minnesota Statutes 1996, section 122.241, is
amended to read:
122.241 [COOPERATION AND COMBINATION.]
Subdivision 1. [SCOPE.] Sections 122.241 to 122.248
establish procedures for school boards that adopt, by
resolution, a five-year written agreement:
(1) to provide at least secondary instruction cooperatively
for at least one or two years, if the districts cooperate
according to subdivision 2; and
(2) to combine into one district.
Subd. 2. [COOPERATION REQUIREMENTS.] Cooperating districts
shall must:
(1) implement a written agreement according to section
122.541 no later than the first year of cooperation;
(2) all be members of one education district, if any one of
the districts is a member, no later than the end of the second
year of cooperation; and
(3) all be members of one SC, if any one of the districts
is a member.
Clause (1) does not apply to a district that implemented an
agreement for secondary education, according to section 122.535,
during any year before the 1991-1992 school year. If the
districts cooperate for one or more years, the agreement may be
continued during those years.
Subd. 3. [COMBINATION REQUIREMENTS.] Combining districts
must be contiguous and meet one of the following requirements at
the time of combination:
(1) at least two districts with at least 400 resident
pupils enrolled in grades 7 through 12 in the combined district
and projections, approved by the department of children,
families, and learning, of enrollment at least at that level for
five years;
(2) at least two districts if either:
(i) both of the districts qualify for secondary sparsity
revenue under section 124A.22, subdivision 6, and have an
average isolation index over 23; or
(ii) the combined district qualifies for secondary sparsity
revenue;
(3) at least three districts with fewer than 400 resident
pupils enrolled in grades 7 through 12 in the combined district;
or
(4) at least two districts with fewer than 400 resident
pupils enrolled in grades 7 through 12 in the combined district
if either district is located on the border of the state.
A combination under clause (2), (3), or (4) must be
approved by the commissioner of children, families, and
learning. The commissioner shall disapprove a combination under
clause (2), (3), or (4) if the combination is educationally
unsound or would not reasonably enable the districts to fulfill
statutory and rule requirements.
Sec. 35. Minnesota Statutes 1996, section 122.242,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION AND STATE BOARD REVIEW.] Each
school board must adopt, by resolution, a plan for cooperation
and combination. The plan must address each item in this
section. The plan must be specific for any item that will occur
within three years and may be general or set forth alternative
resolutions for an item that will occur in more than three
years. The plan must be submitted to the state board of
education and the secretary of state for review and comment.
Significant modifications and specific resolutions of items must
be submitted to the state board for review and comment. In the
official newspaper of each district proposed for combination,
the school board must publish at least a summary of the adopted
plans, each significant modification and resolution of items,
and each state board review and comment.
Sec. 36. Minnesota Statutes 1996, section 122.242,
subdivision 3, is amended to read:
Subd. 3. [BOARD FORMATION.] The plan must state:
(1) whether the new district would have one elected school
board or whether it would have one elected school board and one
elected board for each elementary school exercising powers and
duties delegated to it by the school board of the entire
district;
(2) how many of the existing members of each district would
become members of the school board of the combined district and,
if so, a method to gradually reduce the membership to six or
seven; and
(3) if desired, election districts that include the
establishment of separate areas from each of the combining
districts from which school board members will be elected, the
boundaries of these election districts, and the initial term of
the member elected from each of these election districts.
Sec. 37. Minnesota Statutes 1996, section 122.242,
subdivision 8, is amended to read:
Subd. 8. [REFERENDUM.] The plan must set forth:
(1) procedures for a referendum, held prior to the year of
the proposed combination, to approve combining the school
districts; and
(2) whether a majority of those voting in each district
proposed for combination or a majority of those voting on the
question in the entire area proposed for combination would be
needed to pass the referendum.
Sec. 38. Minnesota Statutes 1996, section 122.242,
subdivision 9, is amended to read:
Subd. 9. [FINANCES.] The plan must state:
(1) whether debt service for the bonds outstanding at the
time of combination remains solely with the district that issued
the bonds or whether all or a portion of the debt service for
the bonds will be assumed by the combined district and paid by
the combined district on behalf of the district that issued the
bonds;
(2) whether obligations for a capital loan or energy loan
made according to section 216C.37 or sections 298.292 to 298.298
outstanding at the time of combination remain solely with the
district that obtained the loan, or whether all or a portion of
all the loan obligations will be assumed by the combined
district and paid by the combined district on behalf of the
district that obtained the loan;
(3) the treatment of debt service levies, down payment
levies under section 124.82, and referendum levies;
(4) whether the cooperating or combined district will levy
for reorganization operating debt according to section 121.915,
clause (1); and
(5) two- and five-year projections, prepared by the
department of children, families, and learning upon the request
of any district, of revenues, expenditures, and property taxes
for each district if it cooperated and combined and if it did
not.
Sec. 39. Minnesota Statutes 1996, section 122.243, is
amended to read:
122.243 [STATE BOARD AND VOTER APPROVAL.]
Subdivision 1. [COMMISSIONER APPROVAL.] Before submitting
the question of combining school districts to the voters at a
referendum, the cooperating districts shall must submit the
proposed combination to the commissioner of children, families,
and learning. The commissioner shall determine the date for
submission and may require any information it determines
necessary. The commissioner shall disapprove the proposed
combination if it is educationally unsound, will not reasonably
enable the combined district to fulfill statutory and rule
requirements, or if the plan or modifications are incomplete.
If disapproved by the commissioner, the referendum shall be
postponed, but not canceled, by the school boards.
Subd. 2. [VOTER APPROVAL.] A referendum on the question of
combination shall must be conducted during the first or second
year of cooperation for districts that cooperate according to
section 122.241, or no more than 18 months before the effective
date of combination for districts that do not cooperate. The
referendum shall must be on a date called by the school boards.
The referendum shall must be conducted by the school boards
according to the Minnesota election law, as defined in section
200.01. If the referendum fails, the same question or a
modified question may be submitted. If the referendum fails
again, the districts shall must modify their cooperation and
combination plan. A third referendum may be conducted. If a
second or third referendum is conducted after October 1, the
newly combined district may not levy under section 124.2725
until the following year. Referendums shall be conducted on the
same date in all districts.
Sec. 40. Minnesota Statutes 1996, section 122.245,
subdivision 2, is amended to read:
Subd. 2. [NONLICENSED EMPLOYEES TERMINATION.] If
compatible plans are not negotiated according to section
122.242, subdivision 5, the school boards shall comply with this
subdivision with respect to nonlicensed employees. Nonlicensed
employees whose positions are discontinued as a result of
cooperation or combination, as applicable, shall be:
(1) employed by a cooperating board or the combined board,
if possible;
(2) assigned to work in a cooperating district or the
combined district, if possible; or
(3) terminated in the inverse order in which they were
employed in a district, according to a combined seniority list
of nonlicensed employees in the cooperating or combined
district, as applicable.
Sec. 41. Minnesota Statutes 1996, section 122.246, is
amended to read:
122.246 [COUNTY AUDITOR PLAT.]
Upon the request of two or more districts that have adopted
a resolution to cooperate and combine, the county auditor shall
prepare a plat. If the proposed combined district is located in
more than one county, the request shall must be submitted to the
county auditor of the county that has the greatest land area in
the proposed district. The plat shall must show:
(1) the boundaries of each of the present districts;
(2) the boundaries of the proposed district;
(3) the boundaries of proposed election districts, if
requested; and
(4) other information deemed pertinent by the school boards
or the county auditor.
Sec. 42. Minnesota Statutes 1996, section 122.247,
subdivision 2, is amended to read:
Subd. 2. [BONDED DEBT.] Debt service for bonds outstanding
at the time of the combination may be levied by the
combined school board consistent with the plan adopted according
to section 122.242, and any subsequent modifications, subject to
section 475.61. The primary obligation to pay the bonded
indebtedness that is outstanding on the effective date of
combination remains with the district that issued the bonds.
However, the combined district may make debt service payments on
behalf of a preexisting district.
Sec. 43. Minnesota Statutes 1996, section 122.247,
subdivision 2a, is amended to read:
Subd. 2a. [CAPITAL LOAN.] The combined school board may
levy for the obligations for a capital loan outstanding at the
time of combination, consistent with the plan adopted according
to section 122.242 and any subsequent modifications. The
primary obligation to levy as required by the capital loan
remains with taxable property in the preexisting district that
obtained the capital loan. However, the obligation of a capital
loan may be extended to all of the taxable property in the
combined district.
Sec. 44. Minnesota Statutes 1996, section 122.248, is
amended to read:
122.248 [REPORTS TO DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.]
Cooperating districts may submit joint reports and jointly
provide information required by the department of children,
families, and learning. The joint reports must allow
information to be attributed to each district. A combined
district must report and provide information as a single unit.
Sec. 45. Minnesota Statutes 1996, section 122.25,
subdivision 2, is amended to read:
Subd. 2. [BOARD ELECTION.] At the annual meeting, if a
majority of the votes cast on the question favors the conversion
to an independent district, a board of six members shall be
elected. Nominations may be made from the floor of the meeting
and election shall be by secret ballot. All board members
elected at this meeting shall serve for terms expiring on the
third Tuesday in the next May next following the election on
which date a regular annual election shall be held in the manner
provided by law. At this first annual election for independent
districts, six directors shall be elected, two to hold office
until July 1 following the next annual election, two to hold
office until the expiration of one year from said July 1 and two
to hold office until the expiration of two years from said July
1; the time which each director shall hold office being
designated on the ballot.
Sec. 46. Minnesota Statutes 1996, section 122.25,
subdivision 3, is amended to read:
Subd. 3. [IDENTIFICATION NUMBER.] If the organization of
the district is changed from common to independent at the
meeting, the clerk shall forthwith notify the auditor and the
commissioner.
Upon receipt of such notification, the commissioner shall
forthwith assign a new identification number to the district and
shall notify the auditor and the clerk of the district thereof.
Sec. 47. Minnesota Statutes 1996, section 122.32, is
amended to read:
122.32 [REMAINING DISTRICTS, ACTION OF COUNTY BOARD;
ELECTION.]
Subdivision 1. [DISSOLUTION.] If there be Any organized
school district not maintaining a classified school within the
district, except those districts which have a contract with a
state university or with the board of regents of the University
of Minnesota for the education of all the children of the
district, such district shall hereby be dissolved as of the date
the district ceases to maintain a classified school. Any such
district not maintaining a classified school shall forthwith
must be attached by order of the county board to such district
maintaining classified elementary or secondary schools upon
notice and hearing as provided in section 122.22 for the
attachment of dissolved districts.
Subd. 2. [SPECIAL ELECTION.] Prior to the order of the
county board, the board may direct the county auditor to call a
special election in the manner and form in which district
elections are held. The purpose of the election shall be to
determine to which district or districts the dissolved district
shall be attached. The county board after hearing shall must
determine the form of question as it should appear on the
ballot. The results of the election shall be advisory in nature
only.
Subd. 3. [ORDER; ASSET AND LIABILITY TRANSFER.] The county
auditor shall certify the results of the election shall be
certified by the county auditor to the county board and. Within
45 days after such election, the county board shall must issue
its order dissolving the district. The order shall must also
attach the dissolved district to a proper district as determined
by the county board, and a copy of such order shall must be
filed with the commissioner of children, families, and
learning. Title to all the property, real and personal, of the
district dissolved passes to the district to which such
dissolved district is attached. If a district is divided by
virtue of the proceedings the county board shall issue its order
providing for the division of the current assets and liabilities
according to such terms as it may deem just and equitable. If
the order of the county board attaches any land area to a
district with bonded debt, the taxable property in such area
assumes its proportionate share of the authorized and
outstanding debt of the district to which it is attached.
Sec. 48. Minnesota Statutes 1996, section 122.34, is
amended to read:
122.34 [PRIVATE SCHOOLS IN NONOPERATING DISTRICTS.]
Section 122.32 shall not apply to any school district in
which is located any existing private school maintaining
elementary and secondary education for 75 percent of eligible
pupils within the district and complying with the requirements
of section 120.101.
Sec. 49. Minnesota Statutes 1996, section 122.355, is
amended to read:
122.355 [BORDER DISTRICTS; CONTINUED OPERATION.]
Subdivision 1. [BORDER DISTRICTS.] The common school
districts situated along the border of the state of Minnesota
and the state of Wisconsin which have, for the preceding 25
years, prior to May 26, 1965 been educating pupils of their
district in school districts in Wisconsin may continue to
operate as common school districts notwithstanding that any of
such school districts do not maintain classified schools.
Such school districts are not subject to the terms and
provisions of sections 122.32 to 122.52.
Subd. 2. [CONTINUED OPERATION.] The provisions of
subdivision 1 shall remain in effect as long as the school
district does not discontinue the practice of education for
their district as described in subdivision 1.
Sec. 50. Minnesota Statutes 1996, section 122.41, is
amended to read:
122.41 [DUTY TO MAINTAIN ELEMENTARY AND SECONDARY SCHOOLS.]
Each school district shall must maintain classified
elementary and secondary schools, grades 1 through 12, unless
the district is exempt according to section 122.34 or 122.355,
has made an agreement with another district or districts as
provided in sections 122.535, 122.541, or sections 122.241 to
122.248, or 122.93, subdivision 8, or has received a grant under
sections 124.492 to 124.495. A district that has an agreement
according to sections 122.241 to 122.248 or 122.541 shall must
operate a school with the number of grades required by those
sections. A district that has an agreement according to section
122.535 or 122.93, subdivision 8, or has received a grant under
sections 124.492 to 124.495 shall must operate a school for the
grades not included in the agreement, but not fewer than three
grades.
Sec. 51. Minnesota Statutes 1996, section 122.43, is
amended to read:
122.43 [PHASE OUT OF DISSOLVED DISTRICT.]
Subd. 2. [MAINTAIN SCHOOLS.] The board of each district so
dissolved shall continue to maintain school schools until all
its territory has been attached to a proper district not later
than July 1. Such boards shall only make such contracts and do
such things as are necessary to properly maintain schools
properly for the period they may be in session prior to the
attachment.
Sec. 52. Minnesota Statutes 1996, section 122.44, is
amended to read:
122.44 [PROCEDURE FOR ATTACHMENT TO ORGANIZED DISTRICTS.]
Subdivision 1. [ATTACHMENT.] Upon notice and hearing, as
provided in section 122.22 for the attachment of dissolved
districts, all territory of school districts dissolved by
sections 122.41 to 122.52 and all area of the state not in a
district maintaining classified elementary and secondary schools
shall must be attached by order of the county board to organized
districts maintaining classified elementary and secondary
schools, grades 1 through 12, unless a district has made an
agreement with another district or districts as provided in
section 122.535 or 122.541.
Sec. 53. Minnesota Statutes 1996, section 122.45,
subdivision 2, is amended to read:
Subd. 2. [TAXABLE PROPERTY.] As of the effective date of
the attachment, all the taxable property in the newly enlarged
district is taxable for the payment of any bonded debt
theretofore already incurred by any component district in the
proportion which the net tax capacity of that part of a
preexisting district which is included in the newly enlarged
district bears to the net tax capacity of the entire preexisting
district as of the time of the attachment. The county auditor
shall make this apportionment shall be made by the county
auditor and shall be incorporated and incorporate the
apportionment as an annex to the order of the commissioner
dividing the assets and liabilities of the component parts.
This subdivision shall not relieve any property from any tax
liability for payment of any bonded obligation but taxable
property in the newly enlarged district becomes primarily liable
for the payment of bonded debts to the extent of the proportion
stated.
Sec. 54. Minnesota Statutes 1996, section 122.45,
subdivision 3a, is amended to read:
Subd. 3a. [REIMBURSEMENT; SPECIAL LEVY.] (a) Liabilities
of a dissolved district existing at the time of the attachment
other than bonded debt within the purview of subdivision 2 shall
must be obligations of the consolidated district after
attachment (in the amount and kind determined by the
commissioner according to subdivision 1, where a dissolved
district is divided), for the payment of which the consolidated
district has a right to reimbursement by special levy or
levies. The amount of reimbursement will be equal to the
liabilities of the dissolved district for which the consolidated
district is obligated less the aggregate of the following which
has been or will be received by the consolidated district at or
after the time of attachment from or as a result of the
dissolution and attachment of the dissolved district:
(1) all taxes inuring to the consolidating district upon
levies made by the dissolved district;
(2) all cash, bank accounts, investments, and other current
assets;
(3) earned state aids of the dissolved districts;
(4) returns from the sale of property of the dissolved
district.
(b) The amount of such special levy so computed shall be
certified to the county auditor with the other tax requirements
of the consolidated district but separately stated and
identified. The auditor shall add the amount of special levy so
certified to the school rate for the territory in the
consolidated district which came from the dissolved district and
include it in the levy on the taxable property in that
territory; provided,. The county auditor shall not spread more
of the amount certified for special levy in any year than will
amount to 20 percent of the school levy without the special
levy, leaving the remaining part of the certified amount for
levy in successive years without further certification. Any
amount of reimbursement to which it is entitled omitted by the
consolidated district from its initial certification for special
levy may be certified in a subsequent year for levy in the same
manner as the levy upon initial certification.
The levy authorized by this subdivision shall be in
addition to those otherwise authorized for a school district.
Sec. 55. Minnesota Statutes 1996, section 122.46, is
amended to read:
122.46 [OFFICERS AND TEACHERS, TRANSITIONAL PROVISIONS.]
Subdivision 1. [BOARD.] The board of the district
maintaining a secondary school to which district is attached
territory of districts discontinued by sections 122.41 to 122.52
shall must assume the duties and responsibilities of the board
of the district so enlarged for the balance of the term to which
the members were elected. At the next annual school election
the successors to the members whose terms then expire shall be
elected by the legally qualified voters of the newly enlarged
district. Thereafter board members shall be elected according
to the election procedure established for the election of board
members in independent districts.
Sec. 56. Minnesota Statutes 1996, section 122.47, is
amended to read:
122.47 [SPECIAL SCHOOL DISTRICTS, APPLICATION.]
When provisions of sections 122.41 to 122.52 are made to
apply to any special school district, such district shall hereby
be converted to an independent school district on the effective
date specified in the orders issued under provisions of sections
122.41 to 122.52. All applicable provisions of Minnesota
Statutes 1965, section 122.26, relating to such conversions
shall otherwise be in force. To the extent that any law or
charter provision of any special district is inconsistent with
the status of an independent school district or the powers
common to independent school districts, such law or charter
provision is hereby repealed. Provided, however, that nothing
in sections 122.41 to 122.52 shall in any way invalidate
remaining portions of such laws or home rule charters, or the
continuance of such special school districts to which no new
territory is attached under the provisions of sections 122.41 to
122.52.
Sec. 57. Minnesota Statutes 1996, section 122.48, is
amended to read:
122.48 [PRIVATE SCHOOLS.]
Sections 122.41 to 122.46 shall not apply to any school
district in which is located any existing private school
maintaining elementary and secondary education for 75 percent of
the eligible pupils within the district and complying with the
requirements of section 120.101.
Sec. 58. Minnesota Statutes 1996, section 122.531,
subdivision 2c, is amended to read:
Subd. 2c. [DISCONTINUED REFERENDUM REVENUE.] If the plan
for consolidation provides for discontinuance of referendum
revenue previously approved by voters of the component districts
pursuant to section 124A.03, subdivision 2, or its predecessor
provision, the newly created district shall must not receive
referendum revenue unless the voters of the newly created
district authorize referendum revenue pursuant to section
124A.03, subdivision 2.
Sec. 59. Minnesota Statutes 1996, section 122.531,
subdivision 5a, is amended to read:
Subd. 5a. [SUPPLEMENTAL REVENUE.] (a) For purposes of
computing the supplemental revenue and the minimum allowance
under section 124A.22, subdivision 9, paragraph (b), in the case
of a consolidation, the newly created district's 1991-1992
revenue and 1991-1992 actual pupil units are the sum of the
1991-1992 revenue and 1991-1992 pupil units, respectively, of
the former districts comprising the new district.
(b) For purposes of computing the supplemental revenue and
the minimum allowance under section 124A.22, subdivision 9,
paragraph (b), in the case of a dissolution and attachment, a
district's 1991-1992 revenue is the revenue of the existing
district plus the result of the following calculation:
(1) the 1991-1992 revenue of the dissolved district divided
by
(2) the dissolved district's 1991-1992 actual pupil units,
multiplied by
(3) the pupil units of the dissolved district in the most
recent year before the dissolution allocated to the newly
created or enlarged district.
(c) In the case of a dissolution and attachment, the
department of children, families, and learning shall allocate
the pupil units of the dissolved district to the newly enlarged
district based on the allocation of the property on which the
pupils generating the pupil units reside.
Sec. 60. Minnesota Statutes 1996, section 122.531,
subdivision 9, is amended to read:
Subd. 9. [LEVY FOR SEVERANCE PAY OR EARLY RETIREMENT
INCENTIVES.] The school board of a newly created or enlarged
district to which part or all of a dissolved district was
attached according to section 122.22 may levy for severance pay
or early retirement incentives for licensed and nonlicensed
employees who resign or retire early as a result of the
dissolution or consolidation, if the commissioner of children,
families, and learning approves the incentives and the amount to
be levied. The amount may be levied over a period of up to five
years and shall must be spread in whole or in part on the
property of a preexisting district or the newly created or
enlarged district, as determined by the school board of the
newly created or enlarged district.
Sec. 61. Minnesota Statutes 1996, section 122.5311,
subdivision 1, is amended to read:
Subdivision 1. [CAPITAL LOAN OBLIGATIONS.] If a district
has a capital loan outstanding at the time of reorganization
according to section 122.22, 122.23, or sections 122.241 to
122.248, and if the plan for reorganization provides for payment
of all or a portion of the capital loan obligation by the newly
created or enlarged district or makes no provision for payment,
all of the taxable property in the newly created or enlarged
district is taxable for the payment to the extent stated in the
plan. Notwithstanding any contract to the contrary, if all of
the taxable property in the newly created or enlarged district
is taxable for the payment of the capital loan and until the
capital loan is retired or canceled, the maximum effort debt
service levy shall must be recalculated annually by the
department of children, families, and learning to be equal to
the required debt service levy plus an additional amount. The
additional amount shall must be the greater of:
(i) zero, or
(ii) the maximum effort debt service levy of the
preexisting district minus the required debt service levy of the
preexisting district that received the capital loan.
For the purpose of the recalculation, additional bond
issues after the date of the reorganization shall not impact the
maximum effort debt service levy or the required debt service
levy.
Notwithstanding any contract to the contrary, the plan for
reorganization may specify that the obligation for a capital
loan remains solely with the preexisting district that incurred
the obligation. This subdivision does not relieve any property
from any tax liability for payment of any capital loan
obligation.
Sec. 62. Minnesota Statutes 1996, section 122.532,
subdivision 2, is amended to read:
Subd. 2. [TEACHER ASSIGNMENT.] (a) As of the effective
date of a consolidation in which a district is divided or the
dissolution of a district and its attachment to two or more
existing districts, each teacher employed by an affected
district shall be assigned to the newly created or enlarged
district on the basis of a ratio of the pupils assigned to each
district according to the new district boundaries. The district
receiving the greatest number of pupils must be assigned the
teacher with the greatest seniority, and the remaining teachers
must be alternately assigned to each district until the district
receiving the fewest pupils has received its ratio of teachers
who will not be retiring before the effective date of the
consolidation or dissolution.
(b) Notwithstanding paragraph (a), the school board and the
exclusive representative of teachers in each school district
involved in the consolidation or dissolution and attachment may
negotiate a plan for assigning teachers to each newly created or
enlarged district.
Sec. 63. Minnesota Statutes 1996, section 122.532,
subdivision 3a, is amended to read:
Subd. 3a. [INTERIM CONTRACTUAL AGREEMENTS.] (a) Until a
successor contract is executed between the new school board and
the exclusive representative of the teachers of the new
district, the school boards of both districts and the exclusive
representatives of the teachers of both districts may agree:
(1) to comply with the contract of either district with
respect to all of the teachers assigned to the new district; or
(2) that each of the contracts shall apply to the teachers
previously subject to the respective contract.
(b) In the absence of an agreement according to paragraph
(a), the following shall apply:
(1) if the effective date is July 1 of an even-numbered
year, each of the contracts shall apply to the teachers
previously subject to the respective contract and shall be
binding on the new school board; or
(2) if the effective date is July 1 of an odd-numbered
year, the contract of the district that previously employed the
largest proportion of teachers assigned to the new district
applies to all of the teachers assigned to the new district and
shall be binding on the new school board. The application of
this section shall not result in a reduction in a teacher's
basic salary, payments for cocurricular or extracurricular
assignments, district contributions toward insurance coverages
or tax-sheltered annuities, leaves of absence, or severance pay
until a successor contract is executed between the new school
board and the exclusive representative.
Sec. 64. Minnesota Statutes 1996, section 122.532,
subdivision 4, is amended to read:
Subd. 4. [CONTRACTS; TERMINATION; TENURE.] Except as
provided in this section, the provisions of section 125.12 or
125.17 shall apply to the employment of each teacher by the new
employing district on the same basis as they would have applied
to the employment if the teacher had been employed by that new
district before the effective date of the consolidation or
dissolution and attachment. For the purpose of applying the
provisions of subdivision 3, clause (c), and the provisions of
section 125.12, subdivision 6b, each school district must be
considered to have started school each year on the same date.
Sec. 65. Minnesota Statutes 1996, section 122.535,
subdivision 2, is amended to read:
Subd. 2. [AGREEMENT.] The school board may enter into one
or more agreements providing for instruction of its secondary
pupils in one or more districts. The agreement shall must be
effective on July 1 and shall be for a specified or indefinite
number of years. The agreement shall must set forth the
obligations of transportation, the tuition to be paid to the
providing district, and all additional charges and fees to be
paid to the providing district. The amount of tuition shall not
be subject to the provisions of section 124.18, subdivision 2.
The agreement may provide for negotiation of a plan for the
assignment or employment in a providing district as an exchange
teacher according to section 125.13, or placement on unrequested
leave of absence of teachers whose positions are discontinued as
a result of the agreement. "Teacher" has the meaning given it
in section 125.12, subdivision 1.
Sec. 66. Minnesota Statutes 1996, section 122.535,
subdivision 3, is amended to read:
Subd. 3. [INFORMATIONAL MEETING.] Before entering into
agreements permitted by subdivision 2 of this section, the
school board shall must hold a public hearing. The board shall
must publish notice of the hearing in the newspaper with the
largest circulation in the district. If the board proposes to
enter into agreements with two or more districts, the board may
conduct separate or consolidated hearings.
Sec. 67. Minnesota Statutes 1996, section 122.535,
subdivision 4, is amended to read:
Subd. 4. [REVIEW AND COMMENT.] After the hearing required
by subdivision 3 and before entering into an agreement, the
board shall must submit the agreement to the commissioner of
children, families, and learning for review and comment.
Sec. 68. Minnesota Statutes 1996, section 122.535,
subdivision 5, is amended to read:
Subd. 5. [AID PAYMENTS.] A district entering into an
agreement permitted in subdivision 2 of this section shall must
continue to count its resident pupils who are educated in other
districts as resident pupils in the calculation of pupil units
for the purposes of state aids, levy limitations, and any other
purpose. A district may continue to provide transportation and
collect transportation aid for its resident pupils. For
purposes of aid calculations, the commissioner of children,
families, and learning may adjust the cost per eligible pupil
transported to reflect changes in cost resulting from the
agreement, if any.
Sec. 69. Minnesota Statutes 1996, section 122.535,
subdivision 6, is amended to read:
Subd. 6. [SEVERANCE PAY.] A district shall must pay
severance pay to a teacher who is placed on unrequested leave of
absence by the district as a result of the agreement. A teacher
is eligible under this subdivision if the teacher:
(1) is a teacher, as defined in section 125.12, subdivision
1, but not a superintendent;
(2) has a continuing contract with the district according
to section 125.12, subdivision 4.
The amount of severance pay shall must be equal to the
teacher's salary for the school year during which the teacher
was placed on unrequested leave of absence minus the gross
amount the teacher was paid during the 12 months following the
teacher's termination of salary, by an entity whose teachers by
statute or rule must possess a valid Minnesota teaching license,
and minus the amount a teacher receives as severance or other
similar pay according to a contract with the district or
district policy. These entities requiring a valid Minnesota
teaching license include, but are not limited to, the school
district that placed the teacher on unrequested leave of
absence, another school district in Minnesota, an education
district, an intermediate school district, a SC, a board formed
under section 471.59, a state residential academy, the Lola and
Rudy Perpich Minnesota center for arts education, a vocational
center, or a special education cooperative. These entities do
not include a school district in another state, a Minnesota
public post-secondary institution, or a state agency. Only
amounts earned by the teacher as a substitute teacher or in a
position requiring a valid Minnesota teaching license shall be
subtracted. A teacher may decline any offer of employment as a
teacher without loss of rights to severance pay.
To determine the amount of severance pay that is due for
the first six months following termination of the teacher's
salary, the district may require the teacher to provide
documented evidence of the teacher's employers and gross
earnings during that period. The district shall must pay the
teacher the amount of severance pay it determines to be due from
the proceeds of the levy for this purpose. To determine the
amount of severance pay that is due for the second six months of
the 12 months following the termination of the teacher's salary,
the district may require the teacher to provide documented
evidence of the teacher's employers and gross earnings during
that period. The district shall must pay the teacher the amount
of severance pay it determines to be due from the proceeds of
the levy for this purpose.
A teacher who receives severance pay under this subdivision
waives all further reinstatement rights under section 125.12,
subdivision 6a or 6b. If the teacher receives severance pay,
the teacher shall not receive credit for any years of service in
the district paying severance pay prior to the year in which the
teacher becomes eligible to receive severance pay.
The severance pay is subject to section 465.72. The
district may levy annually according to section 124.912,
subdivision 1, for the severance pay.
Sec. 70. Minnesota Statutes 1996, section 122.541,
subdivision 1, is amended to read:
Subdivision 1. [DISTRICT REQUIREMENTS.] The school boards
of two or more districts may, after consultation with the
department of children, families, and learning, enter into an
agreement providing for:
(1) discontinuance by all districts except one of at least
the 10th, 11th, and 12th grades; and
(2) instruction of the pupils in the discontinued grades in
one of the cooperating districts. Each district shall must
continue to operate a school with at least three grades. Before
entering into a final agreement, the boards shall must provide a
copy of this agreement to the commissioner of children,
families, and learning.
Sec. 71. Minnesota Statutes 1996, section 122.541,
subdivision 2, is amended to read:
Subd. 2. [AID; TRANSPORTATION.] (a) Each district shall
must continue to count its resident pupils who are educated in a
cooperating district as resident pupils in the calculation of
pupil units for all purposes. The agreement shall must provide
for tuition payments between or among the districts.
(b) Each district shall must continue to provide
transportation and collect transportation aid for its resident
pupils pursuant to sections 123.39, 124.223, and 124.225. A
district may provide some or all transportation to its resident
pupils by contracting with a cooperating district. For purposes
of section 124.225, the commissioner may adjust the base cost
per eligible pupil transported to reflect changes in costs
resulting from the agreement.
Sec. 72. Minnesota Statutes 1996, section 122.541,
subdivision 4, is amended to read:
Subd. 4. [NEGOTIATED PLAN FOR DISCONTINUED TEACHERS.]
The school board and exclusive bargaining representative of the
teachers in each district discontinuing grades may negotiate a
plan to assign or employ in a cooperating district or to place
on unrequested leave of absence all teachers whose positions are
discontinued as a result of the agreement. The school board and
exclusive bargaining representative of the teachers in each
district providing instruction to nonresident pupils may
negotiate a plan to employ teachers from a cooperating district
whose positions are discontinued as a result of the agreement.
If plans are negotiated and if the boards determine the plans
are compatible, the boards shall include the plans in their
agreement.
Sec. 73. Minnesota Statutes 1996, section 122.541,
subdivision 5, is amended to read:
Subd. 5. [COMBINED SENIORITY LIST.] If compatible plans
are not negotiated before the March 1 preceding any year of the
agreement, the cooperating districts shall be governed by this
subdivision. Insofar as possible, teachers who have acquired
continuing contract rights and whose positions are discontinued
as a result of the agreement shall be employed by a cooperating
district or assigned to teach in a cooperating district as
exchange teachers pursuant to section 125.13. If necessary,
teachers whose positions are discontinued as a result of the
agreement and who have acquired continuing contract rights shall
be placed on unrequested leave of absence in fields in which
they are licensed in the inverse order in which they were
employed by a cooperating district, according to a combined
seniority list of teachers in the cooperating districts. For
the purpose of establishing a combined seniority list, each
school district must be considered to have started school each
year on the same date.
Sec. 74. Minnesota Statutes 1996, section 122.541,
subdivision 6, is amended to read:
Subd. 6. [NOTICE AND HEARING.] Prior to entering into an
agreement, the school board shall consult with the community at
an informational meeting. The board shall must publish notice
of the meeting in the official newspaper of the district and may
send written notice of the meeting to parents of pupils who
would be affected.
Sec. 75. Minnesota Statutes 1996, section 122.541,
subdivision 7, is amended to read:
Subd. 7. [MEETING LOCATION.] Notwithstanding any law to
the contrary, school boards that have an agreement may hold a
valid joint meeting at any location that would be permissible
for one of the school boards participating in the meeting. A
school board that has an agreement may hold a meeting in any
district that is a party to the agreement. The school board
shall comply with section 471.705 and any other law applicable
to a meeting of a school board.
Sec. 76. Minnesota Statutes 1996, section 122.895, is
amended to read:
122.895 [EMPLOYEES OF COOPERATIVE DISTRICTS UPON
DISSOLUTION OR WITHDRAWAL.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(a) "Teacher" means a teacher as defined in section 125.12,
subdivision 1, who is employed by a district or center listed in
subdivision 2, except that it does not include a superintendent.
(b) "Cooperative" means any district or center to which
this section applies.
(c) "Withdrawal" means a school district's removal of its
students from a program of instruction, counseling, or
evaluation provided by a cooperative in order to provide the
same educational services by other means.
(d) "Education support position" means a position not
requiring a teaching license in which an employee assists a
teacher by providing instructional, counseling, or evaluative
support services directly to students.
(e) "Education support employee" means an employee holding
an education support position.
Subd. 2. [APPLICABILITY.] This section applies to:
(1) an education district organized according to sections
122.91 to 122.95;
(2) a cooperative vocational center organized according to
section 123.351;
(3) a joint powers district or board organized according to
section 471.59 which employs teachers to provide instruction;
(4) an intermediate district organized according to chapter
136D;
(5) a service cooperative which employs teachers to provide
instruction; and
(6) school districts participating in an agreement for the
cooperative provision of special education services to children
with disabilities according to section 120.17, subdivision 4.
Subd. 2a. [AGREEMENTS FOR COOPERATIVE SPECIAL EDUCATION.]
(a) Upon the termination of an agreement according to section
120.17, subdivision 4, a teacher employed to provide special
education services by a school district participating in the
agreement will be afforded rights to employment by other school
districts according to subdivisions 3, 4, and 5. Nonlicensed
employees of a participating district employed to provide
special education services will, upon the agreement's
termination, be afforded rights to employment by other
participating districts according to subdivision 8.
(b) Upon a school district's withdrawal from the
cooperative provision of special education under an agreement
according to section 120.17, subdivision 4, a teacher employed
to provide special education services by a participating
district will be afforded rights to employment by other school
districts according to subdivisions 3, 6, and 7. Nonlicensed
employees of a participating district employed to provide
special education services will be afforded rights to employment
by the withdrawing district according to subdivision 9.
Subd. 3. [NOTIFICATION OF TEACHERS.] In any year in which
a cooperative dissolves or a member withdraws from a
cooperative, the governing board of a cooperative shall must
provide all teachers employed by the cooperative written
notification by March 10 of:
(1) the dissolution of the cooperative and the effective
date of dissolution; or
(2) the withdrawal of a member of the cooperative and the
effective date of withdrawal.
Subd. 4. [RIGHTS OF A TEACHER WITH A CONTINUING CONTRACT
IN A MEMBER DISTRICT UPON DISSOLUTION.] (a) This subdivision
applies to a teacher previously employed in a member district
who:
(1) had a continuing contract with that member district;
(2) has been continuously employed immediately after
leaving that member district by one or more cooperatives that
provided instruction to pupils enrolled in that member district;
and
(3) is either a probationary teacher or has a continuing
contract with the cooperative that is dissolving.
(b) A teacher may elect to resume the teacher's continuing
contract with the member district by which the teacher was
previously employed by filing a written notice of the election
with the member school board on or before March 20. Failure by
a teacher to file a written notice by March 20 of the year the
teacher receives a notice according to subdivision 3 constitutes
a waiver of the teacher's rights under this subdivision.
The member district shall must make reasonable realignments
of positions to accommodate the seniority rights of a teacher
electing to resume continuing contract rights in the member
district according to this subdivision.
Upon returning the teacher shall receive credit for:
(1) all years of continuous service under contract with the
cooperative and the member district for all purposes relating to
seniority, compensation, and employment benefits; and
(2) the teacher's current educational attainment on the
member district's salary schedule.
(c) A teacher who does not elect to return to the member
district according to this subdivision may exercise rights under
subdivision 5.
Subd. 5. [RIGHTS OF OTHER TEACHERS.] (a) This subdivision
applies to a teacher who:
(1) has a continuing contract with the cooperative; and
(2) either did not have a continuing contract with any
member district or does not return to a member district
according to the procedures set forth in subdivision 4,
paragraph (b).
(b) By May 10 of the school year in which the cooperative
provides the notice required by subdivision 3, clause (1), the
cooperative shall must provide to each teacher described in
subdivision 4 and this subdivision a written notice of available
teaching positions in any member district to which the
cooperative was providing services at the time of dissolution.
Available teaching positions are all teaching positions that,
during the school year following dissolution:
(1) are positions for which the teacher is licensed; and
(2) are not assigned to a continuing contract teacher
employed by a member school district after any reasonable
realignments which may be necessary under the applicable
provisions of section 125.12, subdivision 6a or 6b, to
accommodate the seniority rights of teachers employed by the
member district.
(c) On or before June 1 of the school year in which the
cooperative provides the notice required by subdivision 3,
clause (1), any teacher wishing to do so must file with the
school board a written notice of the teacher's intention to
exercise the teacher's rights to an available teaching
position. Available teaching positions shall must be offered to
teachers in order of their seniority within the dissolved
cooperative.
(d) Paragraph (e) applies to:
(1) a district that was a member of a dissolved
cooperative; or
(2) any other district that, except as a result of open
enrollment according to section 120.062, provides essentially
the same instruction provided by the dissolved cooperative to
pupils enrolled in a former member district.
(e) For five years following dissolution of a cooperative,
a district to which this paragraph applies may not appoint a new
teacher or assign a probationary or provisionally licensed
teacher to any position requiring licensure in a field in which
the dissolved cooperative provided instruction until the
following conditions are met:
(1) a district to which this paragraph applies has provided
each teacher formerly employed by the dissolved cooperative, who
holds the requisite license, written notice of the position; and
(2) no teacher holding the requisite license has filed a
written request to be appointed to the position with the school
board within 30 days of receiving the notice.
If no teacher files a request according to clause (2), the
district may fill the position as it sees fit. During any part
of the school year in which dissolution occurs and the first
school year following dissolution, a teacher may file a request
for an appointment according to this paragraph regardless of
prior contractual commitments with other member districts.
Available teaching positions shall must be offered to teachers
in order of their seniority on a combined seniority list of the
teachers employed by the cooperative and the appointing district.
(f) A teacher appointed according to this subdivision is
not required to serve a probationary period. The teacher shall
receive credit on the appointing district's salary schedule for
the teacher's years of continuous service under contract with
the cooperative and the member district and the teacher's
educational attainment at the time of appointment or shall
receive a comparable salary, whichever is less. The teacher
shall receive credit for accumulations of sick leave and rights
to severance benefits as if the teacher had been employed by the
member district during the teacher's years of employment by the
cooperative.
Subd. 6. [RIGHTS OF A TEACHER WITH A CONTINUING CONTRACT
IN A MEMBER DISTRICT UPON WITHDRAWAL OF THE DISTRICT.] (a) This
subdivision applies to a teacher previously employed by a member
district who:
(1) had a continuing contract with the member district
which withdraws from a cooperative;
(2) has been continuously employed immediately after
leaving that member district by one or more cooperatives that
provided instruction to pupils enrolled in that member district;
and
(3) is either a probationary teacher or has a continuing
contract with the cooperative from which the member district is
withdrawing.
(b) A teacher may elect to resume the teacher's continuing
contract with the withdrawing district by which the teacher was
previously employed by filing a written notice of the election
with the withdrawing school board on or before March 20.
Failure by a teacher to file written notice by March 20 of the
year the teacher receives a notice according to subdivision 3
constitutes a waiver of a teacher's rights under this
subdivision.
The member district shall must make reasonable realignments
of positions to accommodate the seniority rights of a teacher
electing to resume continuing contract rights in the member
district according to this subdivision.
Upon returning, the teacher shall receive credit for:
(1) all years of continuous service under contract with the
cooperative and the member district for all purposes relating to
seniority, compensation, and employment benefits; and
(2) the teacher's current educational attainment on the
member district's salary schedule.
Subd. 7. [RIGHTS OF A TEACHER PLACED ON UNREQUESTED LEAVE
UPON WITHDRAWAL.] (a) This subdivision applies to a teacher who
is placed on unrequested leave of absence, according to section
125.12, subdivision 6a or 6b, in the year in which the
cooperative provides the notice required by subdivision 3,
clause (2), by a cooperative from which a member district is
withdrawing.
This subdivision applies to a district that, except as a
result of open enrollment according to section 120.062, provides
essentially the same instruction provided by the cooperative to
pupils enrolled in the withdrawing district.
(b) A teacher shall be appointed by a district to which
this subdivision applies to an available teaching position which:
(1) is in a field of licensure in which pupils enrolled in
the withdrawing district received instruction from the
cooperative; and
(2) is within the teacher's field of licensure.
For the purpose of this paragraph, an available teaching
position means any position that is vacant or would otherwise be
occupied by a probationary or provisionally licensed teacher.
(c) A board may not appoint a new teacher to an available
teaching position unless no teacher holding the requisite
license on unrequested leave from the cooperative has filed a
written request for appointment. The request shall must be
filed with the board of the appointing district within 30 days
of receiving written notice from the appointing board that it
has an available teaching position. If no teacher holding the
requisite license files a request according to this paragraph,
the district may fill the position as it sees fit. Available
teaching positions shall must be offered to teachers in order of
their seniority on a combined seniority list of the teachers
employed by the cooperative and the withdrawing member district.
(d) A teacher appointed according to this subdivision is
not required to serve a probationary period. The teacher shall
receive credit on the appointing district's salary schedule for
the teacher's years of continuous service under contract with
the cooperative and the member district and the teacher's
educational attainment at the time of appointment or shall
receive a comparable salary, whichever is less. The teacher
shall receive credit for accumulations of sick leave and rights
to severance benefits as if the teacher had been employed by the
member district during the teacher's years of employment by the
cooperative.
Subd. 8. [NONLICENSED EMPLOYEES UPON DISSOLUTION.] (a) A
nonlicensed employee who is terminated by a cooperative that
dissolves shall be appointed by a district that is a member of
the dissolved cooperative to a position that is created within
36 months of the dissolution of the cooperative and is created
as a result of the dissolution of the cooperative. A position
shall must be offered to a nonlicensed employee, who fulfills
the qualifications for that position, in order of the employee's
seniority within the dissolved cooperative.
(b) When an education support employee is terminated by a
cooperative that dissolves, a district that is a member of the
dissolved cooperative shall must appoint the employee to an
education support position if the position is created within 36
months of the dissolution of the cooperative as a result of the
dissolution. An education support position shall must be
offered to an education support employee, who fulfills the
qualifications for that position, in order of the employee's
seniority within the dissolved cooperative.
(c) An employee appointed according to this subdivision
shall receive credit for the employee's:
(1) continuous years of service with the cooperative on the
appointing district's compensation schedule and seniority list;
and
(2) unused sick leave accumulated while employed by the
cooperative.
(d) Notwithstanding section 179A.12 or Minnesota Rules,
part 5510.0510, subparts 1 to 4, a representation petition
seeking the exclusive representation of a unit of education
support employees employed by a district formerly a member of a
dissolved cooperative may be considered by the commissioner of
the bureau of mediation services at any time within 11 months of
the dissolution of the cooperative.
Subd. 9. [NONLICENSED EMPLOYEES UPON WITHDRAWAL.] (a) A
nonlicensed employee of a cooperative whose active employment is
discontinued or reduced as a result of the withdrawal of a
member district from the cooperative shall be appointed by the
withdrawing member district to a position that is created within
36 months of the withdrawal and is created as a result of the
withdrawal of the member district. A position shall must be
offered to a nonlicensed employee, who fulfills the
qualifications for that position, in order of the employee's
seniority within the cooperative from which a member district
withdraws.
(b) When an education support employee of a cooperative has
active employment discontinued or reduced as a result of the
withdrawal of a member district from the cooperative, the
withdrawing member district shall must appoint the employee to
an education support position if the position is created within
36 months of the withdrawal as a result of the withdrawal of the
member district. An education support position shall must be
offered to an education support employee, who meets the
qualifications for that position, in order of the employee's
seniority within the cooperative from which a member district
withdraws.
(c) An employee appointed according to this subdivision
shall receive credit for the employee's:
(1) continuous years of service with the cooperative on the
appointing district's compensation schedule and seniority list;
and
(2) unused sick leave accumulated while employed by the
cooperative.
(d) Notwithstanding section 179A.12 or Minnesota Rules,
part 5510.0510, subparts 1 to 4, a representation petition
seeking the exclusive representation of a unit of education
support employees employed by a member district which has
withdrawn from a cooperative may be considered by the
commissioner of the bureau of mediation services at any time
within 11 months of the district's withdrawal from the
cooperative.
Subd. 10. [COOPERATIVES THAT MERGE.] Notwithstanding
subdivisions 1 to 9, the following paragraphs apply to
cooperatives that merge.
(a) If a cooperative enters into an agreement to merge with
another cooperative, the boards of the cooperatives and the
exclusive representatives of the teachers in the cooperatives
and the teachers in each member district may negotiate a plan to
assign or employ in a member district or to place on unrequested
leave of absence all teachers whose positions are discontinued
as a result of the agreement. If plans are negotiated and if
the boards determine the plans are compatible, the boards shall
must include the plans in their agreement.
(b) If compatible plans are not negotiated under paragraph
(a) by the March 1 preceding the effective date of the merger of
the cooperatives, subdivisions 2 to 9 apply to teachers and
nonlicensed employees whose positions are terminated as a result
of an agreement to merge cooperatives.
Sec. 77. Minnesota Statutes 1996, section 122.91,
subdivision 2, is amended to read:
Subd. 2. [AGREEMENT.] School Boards meeting the
requirements of subdivision 3 may enter into a written agreement
to establish an education district. Once established, cities,
counties, and other governmental units as defined in section
471.59, may become members of the education district. The
agreement and subsequent amendments must be adopted by majority
vote of the full membership of each board.
Sec. 78. Minnesota Statutes 1996, section 122.91,
subdivision 2a, is amended to read:
Subd. 2a. [AGREEMENT; SPECIAL PROVISIONS.] The education
district agreement may contain a special provision adopted by
the vote of a majority of the full membership of each of the
boards of the member school districts to allow a post-secondary
institution or cities, counties, and other governmental units to
become a member of the education district.
Sec. 79. Minnesota Statutes 1996, section 122.91,
subdivision 3a, is amended to read:
Subd. 3a. [MEETING WITH REPRESENTATIVES.] Before entering
into an agreement, the school board of each member district must
meet and confer with the exclusive representatives of the
teachers of each school district proposing to enter the
education district.
Sec. 80. Minnesota Statutes 1996, section 122.91,
subdivision 4, is amended to read:
Subd. 4. [NOTICE AND HEARING.] Before entering into an
agreement, the school board of each member district shall must
publish a summary of the proposed agreement and its effect upon
the district at least once in a newspaper of general circulation
in the district a summary of the proposed agreement and its
effect upon the district. The board shall must conduct a public
hearing on the proposed agreement not more than ten days after
the notice and at least 30 days before entering into an
agreement.
Sec. 81. Minnesota Statutes 1996, section 122.91,
subdivision 6, is amended to read:
Subd. 6. [SERVICE COOPERATIVES.] If requested, service
cooperatives shall must provide assistance to districts in
establishing education districts. The assistance may include
determination of appropriate boundaries of the education
district and development of the agreement. The service
cooperatives may provide any other services requested by the
education district.
Sec. 82. Minnesota Statutes 1996, section 122.93,
subdivision 3, is amended to read:
Subd. 3. [CONTRACTS.] The board may enter into contracts
with school districts and other public and private agencies to
provide services needed in the education district.
Sec. 83. Minnesota Statutes 1996, section 122.93,
subdivision 8, is amended to read:
Subd. 8. [DISCONTINUING GRADES.] The board of a school
district that is a member of an education district may
discontinue any of kindergarten through grade 12 or part of
those grades and provide instruction for those grades or parts
of grades within the education district.
Sec. 84. Minnesota Statutes 1996, section 122.95,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For the purposes of this
section, "teacher" has the meaning given it in section 125.12,
subdivision 1, except that it does not include a superintendent.
Sec. 85. Minnesota Statutes 1996, section 122.95,
subdivision 1a, is amended to read:
Subd. 1a. [FILLING POSITIONS; NEGOTIATED AGREEMENTS.]
The school boards in all member districts and exclusive
bargaining representatives of the teachers in all member
districts may negotiate a plan for filling positions resulting
from implementation of the education district agreement. If the
plan is negotiated among the member school districts and the
exclusive bargaining representative of each member school
district and unanimously agreed upon, in writing, the education
district shall must include the plan in the education district
agreement. If a plan is not negotiated, the education district
is governed by subdivision 2.
Sec. 86. Minnesota Statutes 1996, section 122.95,
subdivision 2, is amended to read:
Subd. 2. [FILLING POSITIONS.] (a) When an education
district board or a member board is filling a position resulting
from implementation of the agreement, the board may offer the
position to a teacher currently employed by a member district
according to the exchange teacher provisions of section 125.13.
(b) If the position is not filled by a currently employed
teacher, the board shall must offer the position to an available
teacher in the order of seniority in fields of licensure on a
combined seniority list of all available teachers in the member
districts. For the purpose of establishing a combined seniority
list, each school district must be considered to have started
school each year on the same date. An available teacher is a
teacher in a member district who:
(1) was placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
was terminated according to section 125.17, subdivision 11, not
more than one year before the initial formation of an education
district as a result of an intention to enter into an education
district agreement;
(2) was placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
was terminated according to section 125.17, subdivision 11, as a
result of implementing the education district agreement, after
the formation of the education district; or
(3) is placed on unrequested leave of absence by a member
district, according to section 125.12, subdivision 6a or 6b, or
is terminated according to section 125.17, subdivision 11, as a
result of implementing the education district, in the same year
the position is filled.
(c) If no currently employed teacher or available teacher
accepts the position, the board may fill the position with any
other teacher.
(d) Any teacher who has been placed on unrequested leave of
absence or who has been terminated has a right to a position
only as long as the teacher has a right to reinstatement in a
member district under section 125.12, subdivision 6a or 6b, or
125.17, subdivision 11.
Sec. 87. Minnesota Statutes 1996, section 122.95,
subdivision 4, is amended to read:
Subd. 4. [DETERMINATION OF REASON FOR LEAVE.] When a
school board that intends to enter into an education district
agreement, and at the time a school board that has entered into
an education district agreement places a teacher on unrequested
leave of absence, according to section 125.12, subdivision 6a or
6b, or terminates a teacher's services under section 125.17,
subdivision 11, the board shall must make a determination
whether the placement or termination is a result of implementing
the education district agreement. That determination shall must
be included in the notice of proposed placement or termination,
may be reviewed at a hearing upon request of the teacher,
and shall must be included in the notice of final action of the
board. If the determination is not disputed by the teacher
before June 1 or the final date required for action by the
board, the teacher shall be deemed to acquiesce in the board's
determination.
Sec. 88. Minnesota Statutes 1996, section 123.35,
subdivision 19a, is amended to read:
Subd. 19a. [LIMITATION ON PARTICIPATION AND FINANCIAL
SUPPORT.] (a) No school A district shall must not be required by
any type of formal or informal agreement except an agreement to
provide building space according to paragraph (f), including a
joint powers agreement, or membership in any cooperative unit
defined in section 123.35, subdivision 19b, paragraph (d), to
participate in or provide financial support for the purposes of
the agreement for a time period in excess of one fiscal year, or
the time period set forth in this subdivision. Any agreement,
part of an agreement, or other type of requirement to the
contrary is void.
(b) This subdivision shall not affect the continued
liability of a school district for its share of bonded
indebtedness or other debt incurred as a result of any agreement
before July 1, 1993. The school district is liable only until
the obligation or debt is discharged and only according to the
payment schedule in effect on July 1, 1993, except that the
payment schedule may be altered for the purpose of restructuring
debt or refunding bonds outstanding on July 1, 1993, if the
annual payments of the school district are not increased and if
the total obligation of the school district for its share of
outstanding bonds or other debt is not increased.
(c) To cease participating in or providing financial
support for any of the services or activities relating to the
agreement or to terminate participation in the agreement, the
school board shall must adopt a resolution and notify other
parties to the agreement of its decision on or before February 1
of any year. The cessation or withdrawal shall be effective
June 30 of the same year except that for a member of an
education district organized under sections 122.91 to 122.95 or
an intermediate district organized under chapter 136D, cessation
or withdrawal shall be effective June 30 of the following fiscal
year. At the option of the school board, cessation or
withdrawal may be effective June 30 of the following fiscal year
for a district participating in any type of agreement.
(d) Before issuing bonds or incurring other debt, the
governing body responsible for implementing the agreement shall
must adopt a resolution proposing to issue bonds or incur other
debt and the proposed financial effect of the bonds or other
debt upon each participating district. The resolution shall
must be adopted within a time sufficient to allow the school
board to adopt a resolution within the time permitted by this
paragraph and to comply with the statutory deadlines set forth
in sections 122.895, 125.12, and 125.17. The governing body
responsible for implementing the agreement shall notify each
participating school board of the contents of the resolution.
Within 120 days of receiving the resolution of the governing
body, the school board of the participating district shall adopt
a resolution stating:
(1) its concurrence with issuing bonds or incurring other
debt;
(2) its intention to cease participating in or providing
financial support for the service or activity related to the
bonds or other debt; or
(3) its intention to terminate participation in the
agreement.
A school board adopting a resolution according to clause
(1) is liable for its share of bonded indebtedness or other debt
as proposed by the governing body implementing the agreement. A
school board adopting a resolution according to clause (2) is
not liable for the bonded indebtedness or other debt, as
proposed by the governing body, related to the services or
activities in which the district ceases participating or
providing financial support. A school board adopting a
resolution according to clause (3) is not liable for the bonded
indebtedness or other debt proposed by the governing body
implementing the agreement.
(e) After July 1, 1993, a district is liable according to
paragraph (d) for its share of bonded indebtedness or other debt
incurred by the governing body implementing the agreement to the
extent that the bonds or other debt are directly related to the
services or activities in which the district participates or for
which the district provides financial support. The district has
continued liability only until the obligation or debt is
discharged and only according to the payment schedule in effect
at the time the governing body implementing the agreement
provides notice to the school board, except that the payment
schedule may be altered for the purpose of refunding the
outstanding bonds or restructuring other debt if the annual
payments of the district are not increased and if the total
obligation of the district for the outstanding bonds or other
debt is not increased.
(f) A school district that is a member of a cooperative
unit as defined in subdivision 19b, paragraph (d), may obligate
itself to participate in and provide financial support for an
agreement with a cooperative unit to provide school building
space for a term not to exceed two years with an option on the
part of the district to renew for an additional two years.
Sec. 89. Minnesota Statutes 1996, section 123.35,
subdivision 19b, is amended to read:
Subd. 19b. [WITHDRAWING FROM COOPERATIVE.] If a school
district withdraws from a cooperative unit defined in paragraph
(d), the distribution of assets and assignment of liabilities to
the withdrawing district shall be determined according to this
subdivision.
(a) The withdrawing district remains responsible for its
share of debt incurred by the cooperative unit according to
section 123.35, subdivision 19a. The school district and
cooperative unit may mutually agree, through a board resolution
by each, to terms and conditions of the distribution of assets
and the assignment of liabilities.
(b) If the cooperative unit and the school district cannot
agree on the terms and conditions, the commissioner of children,
families, and learning shall resolve the dispute by determining
the district's proportionate share of assets and liabilities
based on the district's enrollment, financial contribution,
usage, or other factor or combination of factors determined
appropriate by the commissioner. The assets shall must be
disbursed to the withdrawing district in a manner that minimizes
financial disruption to the cooperative unit.
(c) Assets related to an insurance pool shall not be
disbursed to a member district under paragraph (b).
(d) For the purposes of this section, a cooperative unit is:
(1) an education district organized under sections 122.91
to 122.95;
(2) a cooperative vocational center organized under section
123.351;
(3) an intermediate district organized under chapter 136D;
(4) a service cooperative organized under section 123.582;
or
(5) a regional management information center organized
under section 121.935 or as a joint powers district according to
section 471.59.
Sec. 90. Minnesota Statutes 1996, section 123.35,
subdivision 21, is amended to read:
Subd. 21. [APPEAL TO COMMISSIONER.] If a cooperative unit
as defined in subdivision 19b, paragraph (d), denies membership
in the unit to a school district, the school district may appeal
to the commissioner of children, families, and learning. The
commissioner may require the cooperative unit to grant the
district membership.
Sec. 91. Minnesota Statutes 1996, section 123.351,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] Two or more independent
school districts may enter into an agreement to establish a
cooperative center to provide for vocational education and other
educational services upon the vote of a majority of the full
membership of each of the boards of the districts entering into
the agreement. The agreement may also provide for membership by
cities, counties, and other governmental units as defined in
section 471.59. When a resolution approving this action has
been adopted by the board of a district, the resolution shall be
published once in a newspaper of general circulation in the
district. If a petition for referendum on the question of the
district entering into the agreement, containing signatures of
qualified voters of the district equal to five percent of the
number of voters at the last school district general election,
is filed with the clerk of the board within 60 days after
publication of the resolution, the board shall must not enter
into the agreement until the question has been submitted to the
voters of the district at a special election. This election
shall must be conducted and canvassed in the same manner as
school district general elections. If a majority of the total
number of votes cast on the question within the district is in
favor of the proposition, the board may enter into an agreement
to establish the center for purposes described in this section.
Sec. 92. Minnesota Statutes 1996, section 123.351,
subdivision 3, is amended to read:
Subd. 3. [GOVERNING BOARD.] (a) The center shall must be
operated by a center board of not less than five members which
shall consist of members from school boards of each of the
participating school districts within the center and member
cities, counties, and other governmental units, appointed by
their respective boards. Each participating school district
shall must have at least one member on the center board. The
center board shall must choose an administrative officer to
administer center board policy and directives who shall serve as
an ex officio member of the board but shall not have a vote.
(b) The terms of office of the first members of the center
board shall must be determined by lot as follows: one-third of
the members for one year, one-third for two years, and the
remainder for three years, all terms to expire on June 30 of the
appropriate year; provided that if the number of members is not
evenly divisible by three, the membership will be as evenly
distributed as possible among one, two and three year terms with
the remaining members serving the three year term. Thereafter
the terms shall be for three years commencing on July 1 of each
year. If a vacancy occurs on the center board, it shall must be
filled by the appropriate school board within 90 days. A person
appointed to the center board shall qualify as a center board
member by filing with the chair a written certificate of
appointment from the appointing school board.
(c) The first meeting of a center board shall must be at a
time mutually agreed upon by center board members. At this
meeting, the center board shall must choose its officers and
conduct any other necessary organizational business. Thereafter
the center board shall must meet on the first of July 1 of each
year or as soon thereafter as practicable pursuant to notice
sent to all center board members by the chief executive officer
of the center.
(d) The officers of the center board shall be a chair,
vice-chair, clerk and treasurer, no two of whom when possible
shall be from the same school district. The chair shall preside
at all meetings of the center board except in the chair's
absence the vice-chair shall preside. The clerk shall keep a
complete record of the minutes of each meeting and the treasurer
shall be the custodian of the funds of the center. Insofar as
applicable, sections 123.33 and 123.34, shall apply to the board
and officers of the center.
(e) Each participating school district shall must have
equal voting power with at least one vote. A majority of the
center board shall be a quorum. Any motion other than
adjournment shall pass only upon receiving a majority of the
votes of the entire center board.
Sec. 93. Minnesota Statutes 1996, section 123.351,
subdivision 4, is amended to read:
Subd. 4. [POWERS AND DUTIES.] (a) The center board shall
have the general charge of the business of the center and the
ownership of facilities. Where applicable, section 123.36,
shall apply. The center board may not issue bonds in its
behalf. Each participating district may issue its bonds for the
purpose of acquisition and betterment of center facilities in
the amount certified by the center board to such participating
district in accordance with chapter 475.
(b) The center board (1) may furnish vocational offerings
to any eligible person residing in any participating district;
(2) may provide special education for the handicapped and
disadvantaged; and (3) may provide any other educational
programs or services defined in section 123.582, subdivisions 7
and 8, agreed upon by the participating members. Academic
offerings shall be provided only under the direction of properly
licensed academic supervisory personnel.
(c) In accordance with subdivision 5, clause (b), the
center board shall certify to each participating district the
amount of funds assessed to the district as its proportionate
share required for the conduct of the educational programs,
payment of indebtedness, and all other proper expenses of the
center.
(d) The center board shall must employ and contract with
necessary qualified teachers and administrators and may
discharge the same for cause pursuant to section 125.12. The
authority for selection and employment of a director shall be
vested in the center board. Notwithstanding the provisions of
section 125.12, subdivision 6a or 6b, no individual shall have a
right to employment as a director based on seniority or order of
employment by the center. The center board may employ and
discharge other necessary employees and may contract for other
services deemed necessary.
(e) The center board may provide an educational program for
secondary and adult vocational phases of instruction. The high
school phase of its educational program shall must be offered as
a component of the comprehensive curriculum offered by each of
the participating school districts. Graduation shall must be
from the student's resident high school district. Insofar as
applicable, sections 123.35 to 123.40, shall apply.
(f) The center board may prescribe rates of tuition for
attendance in its programs by adults and nonmember district
secondary students.
Sec. 94. Minnesota Statutes 1996, section 123.351,
subdivision 5, is amended to read:
Subd. 5. [FINANCING.] (a) Any center board established
pursuant to this section is a public corporation and agency and
may receive and disburse federal, state, and local funds made
available to it. No A participating school district or member
shall must not have any additional individual liability for the
debts or obligations of the center except that assessment which
has been certified as its proportionate share in accordance with
subdivision 5, clause (b) and subdivision 4, clauses (a) and
(c). A member of the center board shall have such liability as
is applicable to a member of an independent school district
board. Any property, real or personal, acquired or owned by the
center board for its purposes shall be exempt from taxation by
the state or any of its political subdivisions.
(b) The center board may, in each year, for the purpose of
paying any administrative, planning, operating, or capital
expenses incurred or to be incurred, assess and certify to each
participating school district its proportionate share of any and
all expenses. This share shall must be based upon an equitable
distribution formula agreed upon by the participating
districts. Each participating district shall remit its
assessment to the center board within 30 days after receipt.
The assessments shall be paid within the maximum levy
limitations of each participating district.
Sec. 95. Minnesota Statutes 1996, section 123.351,
subdivision 8, is amended to read:
Subd. 8. [ADDITION AND WITHDRAWAL OF DISTRICTS.] Upon
approval by majority vote of a school board and of the center
board, an adjoining school district may become a member in the
center and be governed by the provisions of this section and the
agreement in effect.
Any participating district may withdraw from the center and
from the agreement in effect by a majority vote of the full
board membership of the participating school district desiring
withdrawal and upon compliance with provisions in the agreement
establishing the center. Upon receipt of the withdrawal
resolution reciting the necessary facts, the center board shall
must file a certified copy with the county auditors of the
counties affected. The withdrawal shall become effective at the
end of the next following school year but the withdrawal shall
not affect the continued liability of the withdrawing district
for bonded indebtedness it incurred prior to the effective
withdrawal date.
Sec. 96. Minnesota Statutes 1996, section 123.351,
subdivision 8a, is amended to read:
Subd. 8a. [DISSOLUTION.] The boards of each participating
district may agree to dissolve a center effective at the end of
any school year or at an earlier time as they may mutually
agree. A dissolution shall must be accomplished in accordance
with any applicable provisions of the agreement establishing the
center. Upon receipt of the dissolution resolutions from the
boards of the participating districts, the center board shall
file a certified copy with the county auditors of the counties
affected. The dissolution shall must not affect the continuing
liability of the previously participating districts for bonded
indebtedness incurred prior to the dissolution, or for other
continuing obligations, including reemployment insurance.
Sec. 97. Minnesota Statutes 1996, section 123.582,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE OF SC.] The primary purposes of
designation as a SC shall be to perform planning on a regional
basis and to assist in meeting specific needs of clients in
participating governmental units which could be better provided
by a SC than by the members themselves. The SC shall must
provide those programs and services which are determined,
pursuant to subdivision 7, to be priority needs of the
particular region and shall must assist in meeting special needs
which arise from fundamental constraints upon individual members.
Sec. 98. Minnesota Statutes 1996, section 124.2725,
subdivision 15, is amended to read:
Subd. 15. [RETIREMENT AND SEVERANCE LEVY.] A cooperating
or combined district that levied under Minnesota Statutes 1996,
section 124.2725, subdivision 3, for taxes payable in 1995 may
levy for severance pay or early retirement incentives for
licensed and nonlicensed employees who retire early as a result
of the cooperation or combination.
Sec. 99. Minnesota Statutes 1996, section 124.511, is
amended to read:
124.511 [SURPLUS COUNTY SCHOOL TAX FUNDS; DISTRIBUTION.]
When, by reason of reorganization of districts, there is a
surplus in the county treasury to the credit of the county
school tax fund on account of an excessive tax levy
heretofore already made, and when there is no need therefor, for
the surplus, shall be paid by the county treasurer shall pay the
surplus to the reorganized district upon the order of the county
board.
Sec. 100. Minnesota Statutes 1996, section 124C.45,
subdivision 1, is amended to read:
Subdivision 1. [GOVERNANCE.] A school district may
establish an area learning center either by itself or in
cooperation with other districts, a SC, an intermediate school
district, a local education and employment transitions
partnership, public and private secondary and post-secondary
institutions, public agencies, businesses, and foundations.
Except for a district located in a city of the first class, a
center must serve the geographic area of at least two districts.
Sec. 101. Minnesota Statutes 1997 Supplement, 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 district average
general education revenue 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. 102. Minnesota Statutes 1996, section 124C.49, is
amended to read:
124C.49 [DESIGNATION AS CENTER.]
The commissioner of children, families, and learning, in
cooperation with the state board of education, shall establish a
process for state designation and approval of area learning
centers that meet the provisions of sections 124C.45 to
124C.48. Any process for designating and approving an area
learning center must emphasize the importance of having the area
learning center serve students who have dropped out of school,
are homeless, are eligible to receive free or reduced priced
lunch, have been suspended or expelled, have been declared
truant or are pregnant or parents.
Sec. 103. [REPEALER.]
Minnesota Statutes 1996, sections 122.532, subdivision 1;
and 122.541, subdivision 3, are repealed.
Sec. 104. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
122.01 122A.01
122.02 122A.02
122.03 122A.03
122.21 122A.05
122.22, subd. 1 122A.06, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 5 subd. 5
subd. 6 subd. 6
subd. 7 subd. 7
subd. 7a subd. 8
subd. 8 subd. 9
subd. 9 subd. 10
subd. 11 subd. 11
subd. 13 subd. 12
subd. 14 subd. 13
subd. 18 subd. 14
subd. 20 subd. 15
subd. 21 subd. 16
122.23, subd. 1 122A.10, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 2b subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
subd. 5 subd. 7
subd. 6 subd. 8
subd. 7 subd. 9
subd. 8 subd. 10
subd. 9 subd. 11
subd. 10 subd. 12
subd. 11 subd. 13
subd. 12 subd. 14
subd. 13 subd. 15
subd. 14 subd. 16
subd. 15 subd. 17
subd. 16 subd. 18
subd. 16c subd. 19
subd. 18 subd. 20
subd. 18a subd. 21
subd. 19 subd. 22
subd. 20 subd. 23
127.25 122A.11
122.535 122A.12
122.541, subd. 1 122A.14, subd. 1
subd. 2 subd. 2
subd. 4 subd. 3
subd. 5 subd. 4
subd. 6 subd. 5
subd. 7 subd. 6
122.895, subd. 1 122A.15, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
subd. 4 subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
subd. 7 subd. 8
subd. 8 subd. 9
subd. 9 subd. 10
subd. 10 subd. 11
122.241 122A.17
122.242 122A.18
122.243 122A.19
122.244 122A.20
122.245, subd. 1 122A.21, subd. 1
subd. 2 subd. 2
subd. 3 subd. 4
124.2725, subd. 15 122A.21, subd. 3
122.246 122A.22
122.247, subd. 1 122.23, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
122.248 122A.24
122.25 122A.26
122.32 122A.30
122.34 122A.31
122.355 122A.32
122.41 122A.34
122.43 122A.35
122.44 122A.36
122.45, subd. 1 122A.37, subd. 1
subd. 2 subd. 2
subd. 3a subd. 3
122.46 122A.38
122.47 122A.39
122.48 122A.40
122.51 122A.41
122.531, subd. 1 122A.43, subd. 1
subd. 1a subd. 2
subd. 2 subd. 3
subd. 2a subd. 4
subd. 2b subd. 5
subd. 2c subd. 6
subd. 2d subd. 7
subd. 4 subd. 8
subd. 4a subd. 9
subd. 5a subd. 10
subd. 6 subd. 11
subd. 9 subd. 12
122.5311 122A.44
122.532, subd. 2 122A.45, subd. 1
subd. 3 subd. 2
subd. 3a subd. 3
subd. 4 subd. 4
122.533 122A.46
124.511 122A.47
121.155 122A.48
122.539 122A.49
122.91, subd. 1 122A.50, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 3 subd. 4
subd. 3a subd. 5
subd. 4 subd. 6
subd. 6 subd. 7
122.92 122A.51
122.93, subd. 1 122A.52, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 5 subd. 5
subd. 6 subd. 6
subd. 8 subd. 7
122.94, subd. 1 122A.53, subd. 1
subd. 4 subd. 2
subd. 5 subd. 3
122.95, subd. 1 122A.54, subd. 1
subd. 1a subd. 2
subd. 2 subd. 3
subd. 3 subd. 4
subd. 4 subd. 5
123.582 122A.56
123.351, subd. 1 122A.57, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 5 subd. 5
subd. 6 subd. 6
subd. 7 subd. 7
subd. 8 subd. 8
subd. 8a subd. 9
subd. 9 subd. 10
subd. 10 subd. 11
123.35, subd. 19b 122A.58, subd. 1
subd. 21 subd. 2
122.98 122A.59
124.193 122A.60
124C.45, subd. 1 122A.65, subd. 1
subd. 1a subd. 2
subd. 2 subd. 3
subd. 3 subd. 4
124C.46 122A.66
124C.47 122A.67
124C.48 122A.68
124C.49 122A.69
ARTICLE 6
CHAPTER 123A
POWERS AND DUTIES OF SCHOOL DISTRICTS
Section 1. Minnesota Statutes 1996, section 120.59, is
amended to read:
120.59 [PURPOSE OF FLEXIBLE LEARNING YEAR PROGRAMS.]
The purpose of Sections 120.59 to 120.67 is to authorize
districts to evaluate, plan and employ the use of flexible
learning year programs. It is anticipated that the open
selection of the type of flexible learning year operation from a
variety of alternatives will allow each district which seeks
seeking to utilize this concept to suitably fulfill the
educational needs of its pupils. These alternatives shall must
include, but not be limited to, various 45-15 plans,
four-quarter plans, quinmester plans, extended learning year
plans, flexible all-year plans, and four-day week plans.
Sec. 2. Minnesota Statutes 1996, section 120.60, is
amended to read:
120.60 [DEFINITION OF FLEXIBLE LEARNING YEAR.]
"Flexible learning year program" means any district plan
approved by the state board of education which that utilizes
buildings and facilities during the entire year and/or which or
that provides forms of optional scheduling of pupils and
personnel during the learning year in elementary and secondary
schools or residential facilities for children with a disability.
Sec. 3. Minnesota Statutes 1996, section 120.61, is
amended to read:
120.61 [ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.]
The board of any district, with the approval of the state
board of education, may establish and operate a flexible
learning year program in one or more of the day or residential
facilities for children with a disability within the district.
Sec. 4. Minnesota Statutes 1996, section 120.62, is
amended to read:
120.62 [DIVISION OF CHILDREN INTO GROUPS.]
The board of any district operating a flexible learning
year program in one or more of the facilities within the
district shall must divide the students of each selected
facility into as many groups as necessary to accommodate this
program. Students of the same family shall must be placed in
the same group unless one or more of these students is enrolled
in a special education class or unless the parent or guardian of
these students requests that the students be placed in different
groups. No board shall may discriminate on the basis of race,
color, creed, religion, marital status, status with regard to
public assistance, sex, or national origin when assigning pupils
to attendance groups pursuant to this section.
Sec. 5. Minnesota Statutes 1996, section 120.63, is
amended to read:
120.63 [PUBLIC HEARING BEFORE IMPLEMENTATION.]
Prior to Before implementing a flexible learning year
program in any facility of the district, the board shall must
negotiate with the teachers, principals, assistant principals,
supervisory personnel and employees to the extent required by
the public employment labor relations act, and shall must
consult with the parents of pupils who would be affected by the
change, and with the community at large. These procedures shall
must include at least three informational meetings for which the
board has given published notice to the teachers and employees
and to the parents of pupils affected.
Sec. 6. Minnesota Statutes 1996, section 120.64, is
amended to read:
120.64 [ASSIGNMENT OF TEACHERS.]
Subdivision 1. [IMPLEMENTING PROGRAM.] In districts where
a flexible learning year program is implemented in fewer than
all of the facilities maintained by the district, the board of
the district shall must make every reasonable effort to assign
qualified teachers who prefer a traditional schedule to
facilities of the same level retaining a traditional schedule.
Subd. 2. [TEACHER SCHEDULE.] A full-time teacher currently
employed by a district which that converts to a flexible
learning year program shall may not, without the teacher's
written consent, be required to teach under this program (1)
more or less than the number of scheduled days or their
equivalent the facilities of the district were maintained during
the year preceding implementation of the flexible learning year
program; (2) in a period of the calendar year substantially
different from the period in which the teacher taught during the
year preceding implementation of the flexible learning year
program.
Subd. 3. [CONTRACT RIGHTS; PROGRAM ADOPTION.] In no event
shall may a teacher's continuing contract rights to a position
held the year preceding implementation of a flexible learning
year program or teaching experience earned during a probationary
period the year preceding implementation be lost or impaired
upon adoption of a flexible learning year program. If the year
of teaching preceding implementation was the end of a
probationary period, the continuing contract right to a full
year's contract which normally would be acquired for the next
succeeding learning year shall must be acquired in the year of
adoption of the flexible program.
Subd. 4. [CONTRACT FOR LEARNING YEAR.] Any district
operating a flexible learning year program shall must enter into
one contract governing the entire learning year with each
teacher employed in a flexible program. If individual teachers
contract to teach less than a period of 175 days during a
learning year, each 175 days of employment accrued during any
five-year period after the adoption of a flexible learning year
program shall must be deemed consecutive and shall
constitute constitutes a full year's employment for purposes of
establishing and retaining continuing contract rights to a full
learning year position pursuant to sections 125.12, subdivisions
3 and 4, and 125.17, subdivisions 2 and 3. A teacher who has
not been discharged or advised of a refusal to renew the
teacher's contract by the applicable date, as specified in
section 125.12 or 125.17, in the year in which the teacher will
complete the requisite number of days for securing a continuing
contract shall must have a continuing full learning year
contract with the district.
Subd. 5. [CONTRACT RIGHTS; TERMINATION OF PROGRAM.]
Continuing contract rights established pursuant to this
section shall must not be impaired or lost by the termination of
a flexible learning year program.
Sec. 7. Minnesota Statutes 1996, section 120.66, is
amended to read:
120.66 [POWERS AND DUTIES OF THE STATE BOARD.]
Subdivision 1. [POWERS AND DUTIES.] The state board of
education shall must:
(1) promulgate rules necessary to the operation of sections
120.59 to 120.67;
(2) cooperate with and provide supervision of flexible
learning year programs to determine compliance with the
provisions of sections 120.59 to 120.67, the state board
standards and qualifications, and the proposed program as
submitted and approved;
(3) provide any necessary adjustments of (a) attendance and
membership computations and (b) the dates and percentages of
apportionment of state aids; and
(4) consistent with the definition of "average daily
membership" in section 124.17, subdivision 2, furnish the board
of a district implementing a flexible learning year program with
a formula for computing average daily membership. This formula
shall must be computed so that tax levies to be made by the
district, state aids to be received by the district, and any and
all other formulas based upon average daily membership are not
affected solely as a result of adopting this plan of instruction.
Subd. 2. [LIMITATIONS.] Sections 120.59 to 120.67 shall
may not be construed to authorize the state board to require the
establishment of a flexible learning year program in any
district in which the board has not voted to establish,
maintain, and operate such a program.
Sec. 8. Minnesota Statutes 1996, section 121.585,
subdivision 2, is amended to read:
Subd. 2. [STATE BOARD DESIGNATION.] An area learning
center designated by the state must be a site. To be
designated, a district or center must demonstrate to the
commissioner of children, families, and learning that it will:
(1) provide a program of instruction that permits pupils to
receive instruction throughout the entire year; and
(2) maintain a record system that, for purposes of section
124.17, permits identification of membership attributable to
pupils participating in the program. The record system and
identification must ensure that the program will not have the
effect of increasing the total number of pupil units
attributable to an individual pupil as a result of a learning
year program.
Sec. 9. Minnesota Statutes 1996, section 121.585,
subdivision 6, is amended to read:
Subd. 6. [CONTRACTS.] A district may contract with a
licensed employee to provide services in a learning year program
that are in addition to the services provided according to the
master contract of employment for teachers or an equivalent
contract for licensed employees who are not teachers. These
additional services and compensation, if any, for the services
shall must not become a part of the employee's continuing
contract rights under section 125.12 or 125.17.
Sec. 10. Minnesota Statutes 1996, section 121.585,
subdivision 7, is amended to read:
Subd. 7. [REVENUE COMPUTATION AND REPORTING.] Aid and levy
revenue computations shall must be based on the total number of
hours of education programs for pupils in average daily
membership for each fiscal year. For purposes of section
124.17, average daily membership shall be computed by dividing
the total number of hours of participation for the fiscal year
by the minimum number of hours for a year determined for the
appropriate grade level. Hours of participation that occur
after the close of the regular instructional year and before
July 1 shall must be attributed to the following fiscal year.
Thirty hours may be used for teacher workshops, staff
development, or parent-teacher conferences. As part of each
pilot program, the department of children, families, and
learning and each district must report and evaluate the changes
needed to adjust the dates of the fiscal year for aid and levy
computation and fiscal year reporting. For revenue computation
purposes, the learning year program shall generate revenue based
on the formulas for the fiscal year in which the services are
provided.
State aid and levy revenue computation for the learning
year programs begins July 1, 1988, for fiscal year 1989.
Sec. 11. Minnesota Statutes 1996, section 121.904,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] School District revenues shall
must be recognized and reported on the district books of account
in accordance with this section.
Sec. 12. Minnesota Statutes 1996, section 121.904,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY TO PERIOD AND FUND.] Except as
provided in this section, revenues shall must be recorded in a
manner which clearly indicates that they are applicable to a
specific accounting period and fund.
Sec. 13. Minnesota Statutes 1996, section 121.904,
subdivision 3, is amended to read:
Subd. 3. [RECEIVABLE.] Receivables shall must be recorded
in a manner which clearly reflects the amounts of money due to a
particular fund from public and private sources at the date of
each accounting statement.
Sec. 14. Minnesota Statutes 1997 Supplement, section
121.904, subdivision 4a, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district, including distributions
made pursuant to section 279.37, subdivision 7, and excluding
the amount levied pursuant to section 124.914, subdivision 1.
(b) In June of each year, the school district shall must
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
of the amount of the levy certified in the prior calendar year
according to section 124A.03, subdivision 2; or
(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
must 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. 15. Minnesota Statutes 1996, section 121.904,
subdivision 4c, is amended to read:
Subd. 4c. [CHANGE IN LEVY RECOGNITION PERCENT.] (a) Money
appropriated under section 16A.152, subdivision 2, must be used
to reduce the levy recognition percent specified in subdivision
4a, clauses (b)(2) and (b)(3), for taxes payable in the same
calendar year the appropriation is made.
(b) The levy recognition percent shall equal the result of
the following computation: the current levy recognition
percent, times the ratio of
(1) the statewide total amount of levy recognized in June
of the year in which the taxes are payable pursuant to
subdivision 4a, clause (b), excluding those levies that are
shifted for revenue recognition but are not included in the
computation of the adjustment to aids under section 124.155,
subdivision 1, reduced by the difference between the amount of
money appropriated under section 16A.152, subdivision 2, and the
amount required for the adjustment payment under clause (d), to
(2) the statewide total amount of the levy recognized in
June of the year in which the taxes are payable pursuant to
subdivision 4a, clause (b), excluding those levies that are
shifted for revenue recognition but are not included in the
computation of the adjustment to aids under section 124.155,
subdivision 1.
The result shall must be rounded up to the nearest
one-tenth of a percent. However, in no case shall the levy
recognition percent be reduced below zero or increased above the
current levy recognition percent.
(c) The commissioner of finance must certify to the
commissioner of children, families, and learning the amount
available to reduce the levy recognition percent computed under
this subdivision by January 5 of each year. The commissioner of
children, families, and learning must notify school districts of
a change in the levy recognition percent by January 15 of the
same month.
(d) When the levy recognition percent is increased or
decreased as provided in this subdivision, a special aid
adjustment shall be made to each school district with an
operating referendum levy:
(i) When the levy recognition percent is increased from the
prior fiscal year, the commissioner of children, families, and
learning shall calculate the difference between (1) the amount
of the levy under section 124A.03, that is recognized as revenue
for the current fiscal year according to subdivision 4a; and (2)
the amount of the levy, under section 124A.03, that would have
been recognized as revenue for the current fiscal year had the
percentage according to subdivision 4a, not been increased. The
commissioner shall reduce other aids due the district by the
amount of the difference. This aid reduction shall be in
addition to the aid reduction required because of the increase
pursuant to this subdivision of the levy recognition percent.
(ii) When the levy recognition percent is reduced from the
prior fiscal year, a special adjustment payment shall must be
made to each school district with an operating referendum levy
that received an aid reduction when the levy recognition percent
was last increased. The special adjustment payment shall must
be in addition to the additional payments required because of
the reduction pursuant to this subdivision of the levy
recognition percent. The amount of the special adjustment
payment shall be computed by the commissioner of children,
families, and learning such that any remaining portion of the
aid reduction these districts received that has not been repaid
is repaid on a proportionate basis as the levy recognition
percent is reduced from 50 percent to 31 percent. The special
adjustment payment must be included in the state aid payments to
school districts according to the schedule specified in section
124.195, subdivision 3.
(e) The commissioner of finance shall transfer from the
general fund to the education aids appropriations specified by
the commissioner of children, families, and learning, the
amounts needed to finance the additional payments required
because of the reduction pursuant to this subdivision of the
levy recognition percent. Payments to a school district of
additional state aids resulting from a reduction in the levy
recognition percent must be included in the cash metering of
payments made according to section 124.195 after January 15, and
must be paid in a manner consistent with the percent specified
in that section.
Sec. 16. Minnesota Statutes 1996, section 121.904,
subdivision 13, is amended to read:
Subd. 13. [DEVIATIONS FOOTNOTED.] Deviations from the
principles set forth in this section shall must be evaluated and
explained in footnotes to audited financial statements.
Sec. 17. Minnesota Statutes 1996, section 121.906, is
amended to read:
121.906 [EXPENDITURES; REPORTING.]
Subdivision 1. [RECOGNITION.] School District expenditures
shall must be recognized and reported on the district books of
account in accordance with this section.
There shall be Fiscal year-end recognition of expenditures
and the related offsetting liabilities must be recorded in each
fund in accordance with the uniform financial accounting and
reporting standards for Minnesota school districts.
Encumbrances outstanding at the end of the fiscal year do not
constitute expenditures or liabilities.
Deviations from the principles set forth in this
subdivision shall must be evaluated and explained in footnotes
to audited financial statements.
Subd. 2. [ACCOUNTING.] Expenditures for any legal purpose
of the school district not accounted for elsewhere shall must be
accounted for in the general fund.
Sec. 18. Minnesota Statutes 1996, section 121.908, is
amended to read:
121.908 [ACCOUNTING, BUDGETING AND REPORTING REQUIREMENT.]
Subdivision 1. [UNIFORM FINANCIAL ACCOUNTING AND REPORTING
STANDARDS.] Each Minnesota school district shall must adopt the
uniform financial accounting and reporting standards for
Minnesota school districts provided for in guidelines adopted by
the department of children, families, and learning.
Subd. 2. [AUDITED FINANCIAL STATEMENT.] Each district
shall must submit to the commissioner by August 15 of each year
an unaudited financial statement for the preceding fiscal year.
This statement shall must be submitted on forms prescribed by
the commissioner.
Subd. 3. [STATEMENT FOR COMPARISON AND CORRECTION.] By
December 31 of the calendar year of the submission of the
unaudited financial statement, the district shall must provide
to the commissioner and state auditor an audited financial
statement prepared in a form which will allow comparison with
and correction of material differences in the unaudited
statement. The audited financial statement must also provide a
statement of assurance pertaining to uniform financial
accounting and reporting standards compliance.
Subd. 3a. [BUDGET APPROVAL.] Prior to July 1 of each year,
the school board of each district shall must approve and adopt
its revenue and expenditure budgets for the next school year.
The budget document so adopted shall must be considered an
expenditure-authorizing or appropriations document. No funds
shall be expended by any board or district for any purpose in
any school year prior to the adoption of the budget document
which authorizes that expenditure, or prior to an amendment to
the budget document by the board to authorize the expenditure.
Expenditures of funds in violation of this subdivision shall be
considered unlawful expenditures.
Subd. 5. [JOINT POWERS AGREEMENTS; SC'S, EDUCATION
DISTRICTS.] All governmental units formed by joint powers
agreements entered into by districts pursuant to section 120.17,
120.1701, 123.351, 471.59, or any other law and all service
cooperatives and education districts shall be are subject to the
provisions of this section.
Subd. 6. [BENEFITS.] A school district providing early
retirement incentive payments under section 125.611, severance
pay under section 465.72, or health insurance benefits to
retired employees under section 471.61, must account for the
payments according to uniform financial accounting and reporting
standards.
Sec. 19. Minnesota Statutes 1996, section 121.911, is
amended to read:
121.911 [CASH FLOW; SCHOOL DISTRICT REVENUES; BORROWING FOR
CURRENT OPERATING COSTS; CAPITAL EXPENDITURE DEFICITS.]
Subdivision 1. [STATE AIDS PAYMENT.] The commissioner of
finance shall remit all payments of state aids to school
districts in conformance with the dates provided by law or, when
not so provided, with a schedule of aid payments to be
established by the commissioner of children, families, and
learning in consultation with other affected state agencies.
Subd. 2. [TAXES.] The auditors or finance officers of
Minnesota counties shall remit all payments of taxes to
the school districts in conformance with the provisions of
section 276.11. School Districts which have need for tax
remittance advances may secure them from the counties by making
formal requests in conformance with section 276.11.
Subd. 3. [TAX AND AID ANTICIPATION CERTIFICATES.]
Minnesota school districts may issue tax and aid anticipation
certificates in conformance with the provisions of sections
124.71 to 124.76, with the additional provision that the
proceeds of such borrowing or any other method of borrowing
shall be recorded as liabilities of funds for which the taxes
were levied, or for which the aids are receivable. Nothing in
this subdivision shall provide provides authority for borrowing
against the tax levies and aids of one school district fund for
the purpose of increasing the available cash balance of another
fund.
Subd. 4. [BORROWING FOR OUTSTANDING BONDS.] Unless
otherwise provided by law, no a district shall must not, for the
purpose of increasing the available cash balance of another
fund, borrow or transfer funds from the building construction
fund, debt redemption fund, trust and agency fund, or from any
sinking fund for outstanding bonds issued for any purpose.
However, if the contemplated use for which funds were originally
placed in the building construction fund or a sinking fund is
afterwards abandoned or if a balance remains after the use is
accomplished, a district may devote these funds as provided in
section 475.65. For the purpose of insuring fund integrity, on
determining that a district is in violation of this subdivision
or section 121.904, the commissioner shall require that such
district maintain separate bank accounts for building
construction funds, debt redemption funds, trust and agency
funds, and sinking funds for outstanding bonds. Nothing in this
subdivision shall be construed to prohibit the use of common
bank accounts for other funds unless prohibited by law.
Subd. 5. [DEFICIT FOR CAPITAL PROJECTS.] Upon approval by
the commissioner of children, families, and learning, a district
may incur a deficit in the reserve for operating capital account
for a period not to exceed three years to provide money for
capital projects. The commissioner shall approve a description
of the project and a financial plan to recover the deficit shall
be approved by the commissioner prior to the initiation of the
project.
Sec. 20. Minnesota Statutes 1997 Supplement, section
121.912, subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] Except as provided in this
subdivision, sections 121.9121, 123.36, 475.61, and 475.65, a
school district may not permanently transfer money from (1) an
operating fund to a nonoperating fund; (2) a nonoperating fund
to another nonoperating fund; or (3) a nonoperating fund to an
operating fund. Permanent transfers may be made from any fund
to any other fund to correct for prior fiscal years' errors
discovered after the books have been closed for that year.
Permanent transfers may be made from the general fund to any
other operating funds according to section 123.7045 or if the
resources of the other fund are not adequate to finance approved
expenditures from that other fund. Permanent transfers may also
be made from the general fund to eliminate deficits in another
fund when that other fund is being discontinued. When a
district discontinues operation of a district-owned bus fleet or
a substantial portion of a fleet, the balance shall cancel to
the district's general fund.
Sec. 21. Minnesota Statutes 1996, section 121.912,
subdivision 1a, is amended to read:
Subd. 1a. [TECHNICAL COLLEGES.] Money shall must not be
transferred from the post-secondary general fund to any other
operating or nonoperating fund.
Sec. 22. Minnesota Statutes 1996, section 121.912,
subdivision 1b, is amended to read:
Subd. 1b. [TRA AND FICA TRANSFER.] (a) Notwithstanding
subdivision 1, a district may transfer money from the general
fund to the community service fund for the employer
contributions for teacher retirement and FICA for employees who
are members of a teacher retirement association and who are paid
from the community service fund.
(b) A district shall must not transfer money under
paragraph (a) for employees who are paid with money other than
normal operating funds, as defined in section 354.05,
subdivision 27.
Sec. 23. Minnesota Statutes 1996, section 121.912,
subdivision 2, is amended to read:
Subd. 2. [DEFINITION.] As used in this section, "operating
fund" and "nonoperating fund" shall have the meanings specified
in the uniform financial accounting and reporting standards for
Minnesota school districts. Any transfer for a period in excess
of one year shall be deemed to be a permanent transfer.
Sec. 24. Minnesota Statutes 1996, section 121.912,
subdivision 3, is amended to read:
Subd. 3. [DEFICITS; EXCEPTION.] For the purposes of this
section, a permanent transfer includes creating a deficit in a
nonoperating fund for a period past the end of the current
fiscal year which is covered by moneys in an operating fund.
However, a deficit in the capital expenditure fund pursuant to
section 121.911, subdivision 5, shall does not constitute a
permanent transfer.
Sec. 25. Minnesota Statutes 1996, section 121.912,
subdivision 5, is amended to read:
Subd. 5. [ACCOUNT TRANSFER FOR CERTAIN SEVERANCE PAY.] A
school district may maintain in a designated for certain
severance pay account not more than 50 percent of the amount
necessary to meet the obligations for the portion of severance
pay that constitutes compensation for accumulated sick leave to
be used for payment of premiums for group insurance provided for
former employees by the district. The amount necessary shall
must be calculated according to standards established by the
advisory council on uniform financial accounting and reporting
standards.
Sec. 26. Minnesota Statutes 1996, section 121.912,
subdivision 6, is amended to read:
Subd. 6. [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.] A
school district that has reorganized according to section
122.22, 122.23, or sections 122.241 to 122.248, or has conducted
a successful referendum on the question of combination under
section 122.243, subdivision 2, or consolidation under section
122.23, subdivision 13, or has been assigned an identification
number by the commissioner under section 122.23, subdivision 14,
may make permanent transfers between any of the funds in the
newly created or enlarged district with the exception of the
debt redemption fund, food service fund, and health and safety
account of the capital expenditure fund. Fund transfers under
this section may be made for up to one year prior to the
effective date of combination or consolidation and during the
year following the effective date of reorganization.
Sec. 27. Minnesota Statutes 1996, section 121.9121,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] A board requesting authority to
transfer money shall must apply to the commissioner and provide
information requested. The application shall must indicate the
law or rule prohibiting the desired transfer. It shall The
application must be signed by the superintendent and approved by
the school board.
Sec. 28. Minnesota Statutes 1996, section 121.9121,
subdivision 4, is amended to read:
Subd. 4. [APPROVAL STANDARD.] The commissioner may approve
a request only when an event has occurred in a district that
could not have been foreseen by the district. The event shall
must relate directly to the fund or account involved and to the
amount to be transferred.
Sec. 29. Minnesota Statutes 1996, section 121.914,
subdivision 2, is amended to read:
Subd. 2. [STATUTORY OPERATING DEBT.] If the amount of the
operating debt is more than 2-1/2 percent of the most recent
fiscal year's expenditure amount for the funds considered under
subdivision 1, the net negative undesignated fund balance shall
be is defined as "statutory operating debt" for the purposes of
this section and sections 121.917 and 124.914, subdivision 1.
Sec. 30. Minnesota Statutes 1996, section 121.914,
subdivision 3, is amended to read:
Subd. 3. [DEBT VERIFICATION.] The commissioner shall
establish a uniform auditing or other verification procedure for
school districts to determine whether a statutory operating debt
exists in any Minnesota school district as of June 30, 1977.
This procedure shall also must identify all interfund transfers
made during fiscal year 1977 from a fund included in computing
statutory operating debt to a fund not included in computing
statutory operating debt. The standards for this uniform
auditing or verification procedure shall must be promulgated by
the state board pursuant to chapter 14. If a school district
applies to the commissioner for a statutory operating debt
verification or if the unaudited financial statement for the
school year ending June 30, 1977 reveals that a statutory
operating debt might exist, the commissioner shall require a
verification of the amount of the statutory operating debt which
actually does exist.
Sec. 31. Minnesota Statutes 1996, section 121.914,
subdivision 4, is amended to read:
Subd. 4. [DEBT ELIMINATION.] If an audit or other
verification procedure conducted pursuant to subdivision 3
determines that a statutory operating debt exists, a
district shall must follow the procedures set forth in section
124.914, subdivision 1, to eliminate this statutory operating
debt.
Sec. 32. Minnesota Statutes 1996, section 121.914,
subdivision 5, is amended to read:
Subd. 5. [CERTIFICATION OF DEBT.] The commissioner of
children, families, and learning shall certify the amount of
statutory operating debt for each school district. Prior to
June 30, 1979, the commissioner may, on the basis of corrected
figures, adjust the total amount of statutory operating debt
certified for any district.
Sec. 33. Minnesota Statutes 1996, section 121.914,
subdivision 6, is amended to read:
Subd. 6. [REPORT.] On January 15, 1998, the commissioner
of children, families, and learning shall report to the
legislature on the districts for which the levy allowable under
section 124.914, subdivision 1, has been insufficient to
eliminate the statutory operating debt of the district,
determined as of June 30, 1977.
Sec. 34. Minnesota Statutes 1996, section 121.914,
subdivision 7, is amended to read:
Subd. 7. [APPLICABILITY.] This section and the provisions
of section 124.914, subdivision 1, shall be are applicable only
to common, independent, and special school districts and
districts formed pursuant to Laws 1967, chapter 822, as amended,
and Laws 1969, chapters 775 and 1060, as amended. This section
and the provisions of section 124.914, subdivision 1, shall do
not apply to independent school district No. 625.
Sec. 35. Minnesota Statutes 1996, section 121.914,
subdivision 8, is amended to read:
Subd. 8. [PLAN DISCLOSURE.] Any district eligible to
receive any amounts pursuant to section 124.914, subdivision
1, shall must disclose its statutory operating debt retirement
plan by footnote to the audited financial statement.
Sec. 36. Minnesota Statutes 1996, section 121.917, is
amended to read:
121.917 [EXPENDITURE LIMITATIONS.]
Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a)
Beginning in fiscal year 1978 and in each year thereafter, a
district which had statutory operating debt on June 30, 1977
pursuant to section 121.914 shall must limit its expenditures in
each fiscal year so that the amount of its statutory operating
debt calculated at the end of that fiscal year is not greater
than the amount of the district's statutory operating debt as of
June 30, 1977, as certified and adjusted by the commissioner,
increased by an amount equal to 2-1/2 percent of that district's
operating expenditures for the fiscal year for which the
statutory operating debt calculation is being made.
(b) When a district is no longer required to levy pursuant
to section 124.914, subdivision 1, subdivision 2 shall be is
applicable.
Subd. 2. [UNDESIGNATED FUND BALANCES.] Beginning in fiscal
year 1978 and each year thereafter, any district not subject to
the provisions of subdivision 1 shall must limit its
expenditures so that its undesignated fund balances shall do not
constitute statutory operating debt as defined in section
121.914.
Subd. 3. [FAILURE TO LIMIT EXPENDITURES.] If a school
district does not limit its expenditures in accordance with this
section, the commissioner may so notify the appropriate
committees of the legislature by no later than January 1 of the
year following the end of that fiscal year.
Subd. 4. [SPECIAL OPERATING PLAN.] (1) If the net negative
unappropriated operating fund balance as defined in section
124A.02, subdivision 25, calculated in accordance with the
uniform financial accounting and reporting standards for
Minnesota school districts, as of June 30 each year, is more
than 2-1/2 percent of the year's expenditure amount, the
district shall must, prior to January 31 of the next fiscal
year, submit a special operating plan to reduce the district's
deficit expenditures to the commissioner of children, families,
and learning for approval. The commissioner may also require
the district to provide evidence that the district meets and
will continue to meet all of the curriculum requirements of the
state board.
Notwithstanding any other law to the contrary, a district
submitting a special operating plan to the commissioner under
this clause which is disapproved by the commissioner shall must
not receive any aid pursuant to chapters 124 and 124A until a
special operating plan of the district is so approved.
(2) A district shall must receive aids pending the approval
of its special operating plan under clause (1). A district
which complies with its approved operating plan shall must
receive aids as long as the district continues to comply with
the approved operating plan.
Sec. 37. Minnesota Statutes 1996, section 123.11,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL MEETING.] The annual meeting of all
common districts shall must be held on the last Tuesday in June,
at 8:00 p.m., unless a different hour has been fixed at the
preceding annual meeting, upon ten days' posted. The clerk
shall give notice given by the clerk, and of the meeting,
specifying the matters to come before such meeting; but.
Failure of the clerk to give such notice, or to specify the
business to be transacted thereat, shall not affect the validity
of any business, except the raising of money to build or
purchase a school house, the authorizing of an issue of bonds,
the fixing of a school house site, or the organization as an
independent district. At the annual meeting in a common
district five legal voters shall constitute a quorum. The chair
and clerk of the board shall officiate in their respective
capacities at all meetings of the electors of the district. In
the event of the absence of the chair or clerk, the voters shall
elect a chair or clerk pro tem. The voters shall have the power
in an annual meeting to repeal and modify their proceedings.
The polls at all meetings shall be open at least one hour.
Sec. 38. Minnesota Statutes 1996, section 123.11,
subdivision 2, is amended to read:
Subd. 2. [ELECTIONS.] The annual meeting shall must have
power to elect, by ballot, officers of the district. In all
elections or vote by ballot, the clerk shall record the names of
all voters participating therein and the chair shall appoint two
electors who. The electors, with the assistance of the clerk,
shall supervise the balloting and canvass the votes. If any
candidates receive an equal number of votes for an office, the
board shall resolve the tie by lot.
Sec. 39. Minnesota Statutes 1996, section 123.11,
subdivision 3, is amended to read:
Subd. 3. [CANDIDATES FOR OFFICE.] Any person desiring to
be a candidate for a district office at the annual meeting of
the district shall file with the clerk of the district an
application to be placed on the ballot for such office, or. Any
five voters of the district may file such an application for or
on behalf of any qualified voter in the district that they
desire shall to be such a candidate. The application
Applications shall be filed not less than 12 days before the
annual school district meeting. The clerk of the district, in
the notice of annual meeting, shall state the names of the
candidates for whom applications have been filed, failure to do
so shall not affect the validity of the election thereafter
held. At the annual meeting of common districts, nomination of
candidates for offices may be made from the floor by any
qualified voter.
Sec. 40. Minnesota Statutes 1996, section 123.11,
subdivision 4, is amended to read:
Subd. 4. [BALLOTS.] The clerk shall prepare, at the
expense of the district, necessary ballots for the election of
officers placing thereon the names of the proposed candidates
for such office with a blank space after such names, such. The
ballots shall be marked as official ballots, and the ballots so
prepared by the clerk of the district shall be used to the
exclusion of all other ballots at such annual meeting or
election in the election of officers of the district.
Sec. 41. Minnesota Statutes 1996, section 123.11,
subdivision 7, is amended to read:
Subd. 7. [SPECIAL MEETING.] Upon the filing of a petition
therefor, executed by five eligible voters, as defined in
Minnesota election law, of the common district, specifying the
business to be acted upon, or upon the adoption of a proper
resolution so specifying, signed by a majority of the members of
the board, the clerk shall forthwith call a special meeting of
the district upon. The clerk shall give ten days' posted notice
and one week's published notice if there be a newspaper printed
in the district and specify in the notice the business named in
the request or resolution and the time and place of the
meeting. If there be is no clerk in the district or if the
clerk fails for three days after receiving a request or
resolution to give notice of a meeting, it may be called by like
notice by five eligible voters, as defined in Minnesota election
law, of the district. No business except that named in the
notice shall be transacted at the meeting. If there are not
five eligible voters, as defined in Minnesota election law, or
if there is not a board therein, the county auditor may call a
special meeting by giving notice thereof as provided in this
section. The voters at a special meeting have power to repeal
or modify their proceedings.
Sec. 42. Minnesota Statutes 1996, section 123.12, is
amended to read:
123.12 [BOARDS OF COMMON SCHOOL DISTRICTS.]
Subdivision 1. [SCHOOL BOARD.] The care, management and
control of a common district is vested in a board of three
members to be known as the school board. The term of office of
a member shall be three years, and until a successor qualifies.
The board of each common district shall must consist of a chair,
a treasurer, and a clerk. The board may by resolution establish
a time and place for regular meeting and no notice of such
meeting need be sent to any members of the board.
Subd. 2. [FINANCES.] The board shall must submit to the
annual meeting an estimate of the expenses of the district for
the coming year for a school term as determined by the board and
for such other specified purposes as the board may deem proper.
If such the annual meeting shall fail fails to vote a sufficient
tax to maintain the district for such time, the board shall must
levy such tax pursuant to and within the limitations of sections
124.226, 124.2716, 124.91, 124.912, 124.914, 124.916, and
124.918; but no board shall expend any money or incur any
liability for any purpose beyond the sum appropriated by vote of
the district for such purpose, or levied by the board pursuant
to this subdivision, or on hand and applicable thereto.
Subd. 9. [SCHOOL VISITS.] The board shall must visit each
school at least once every three months.
Subd. 14. [OFFICIAL NEWSPAPER.] At its first meeting
following July 1 each year, the board shall must designate, by
resolution, as the official newspaper of the district, some
legal newspaper of general circulation within the district, and
contract with such newspaper for its publications. If there is
more than one such newspaper, the board shall let such must
enter a contract to with the lowest responsible bidder at the
earliest practicable date. All notices and proceedings required
by law to be published by the board shall must be published in
the official newspaper so designated. The fees for such
publication shall must not exceed the fees for publication of
legal notices as prescribed by Minnesota Statutes.
Sec. 43. Minnesota Statutes 1996, section 123.13, is
amended to read:
123.13 [OFFICERS OF COMMON SCHOOL DISTRICTS.]
Subd. 2. [TREASURER.] The treasurer shall receive and be
responsible for all money in the district and disburse the same
on orders signed by the clerk and countersigned by the chair or
other vouchers authorized by law; provided, that,. In the event
that the chair has been continuously absent from the district
for a period of 30 days or more, the treasurer may pay orders
without the signature of the chair. Each order shall must state
the fund on which it is drawn, the name of the payee, and the
nature of the claim for which such order is issued and shall
must be so drawn that when signed by the treasurer in an
appropriate place, it becomes a check on the school district
depository. The treasurer shall keep an account of each fund,
and of all receipts and disbursements showing the sources of all
receipts and the nature and purpose of disbursements. The
treasurer shall deposit the funds of the district in the
official depository in accordance with the provisions of law.
Sec. 44. Minnesota Statutes 1996, section 123.15, is
amended to read:
123.15 [SCHOOLHOUSES AND SITES, COMMON SCHOOL DISTRICTS.]
Subdivision 1. [ACQUISITION OF SITES.] When authorized by
the voters at a regular meeting or at a special meeting called
for that purpose, the board may acquire necessary sites for
school houses, or enlargements or additions to existing school
house sites, by lease, purchase, or condemnation under the right
of eminent domain; lease, erect or purchase garages for
district-owned school buses; and sell or exchange school houses
or sites and execute deeds of conveyances thereof. It may
acquire by lease, purchase, or condemnation under eminent domain
suitable tracts of land either within in or without outside of
the district for the purpose of instruction, experimentation,
and demonstration in agriculture. In any city, a school site,
when practicable, shall must contain at least one block, and,
if. Outside of any city, a school site must contain at least two
acres; and when. If any school house site shall
contain contains less than such the required amount the board
may, without a vote of the electors, acquire other land adjacent
to or near such site to make, with such site, all or part
of such the required amount. When If property is taken by
eminent domain by authority of this subdivision, when needed by
the district for such purpose, the fact that the property so
needed has been was acquired by the owner under the power of
eminent domain, or is already devoted to public use, shall not
prevent its acquisition by the district.
Subd. 2. [SITE DESIGNATION.] The annual meeting or
election shall have power to designate a site for a school house
and provide for building or otherwise placing a school house
thereon, when proper notice has been given; but. A site on
which a with an existing school house stands or where a school
house is begun being built shall not be changed except by vote
therefor, of three-fifths of the voters of the district voting
on the question.
Subd. 3. [TEACHER DWELLING.] When authorized by a
two-thirds majority of all the electors voting at an annual or
special meeting, the board may erect, purchase, or acquire a
dwelling house for the use of its teachers; provided that. The
proposition shall be submitted only at a meeting or election,.
The notice of which stated the meeting shall state that such the
proposition would shall be considered or submitted thereat.
Sec. 45. Minnesota Statutes 1996, section 123.33,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL BOARD.] The care, management, and
control of independent districts shall be is vested in a board
of directors, to be known as the school board. The term of
office of a member shall be four years and until a successor
qualifies. The membership of the school board shall consist of
six elected directors together with such ex officio member as
may be provided by law. But The board may submit to the
electors at any school election the question whether the board
shall consist of seven members and. If a majority of those
voting on the proposition favor a seven-member board, a seventh
member shall be elected at the next election of directors for a
four-year term and thereafter the board shall consist of seven
members.
Those districts with a seven-member board may submit to the
electors at any school election at least 150 days before the
next election of three members of the board the question whether
the board shall consist of six members. If a majority of those
voting on the proposition favor a six-member board instead of a
seven-member board, two members instead of three members shall
be elected at the next election of the board of directors and
thereafter the board shall consist of six members.
Sec. 46. Minnesota Statutes 1996, section 123.33,
subdivision 2, is amended to read:
Subd. 2. [SCHOOL BOARD VACANCY.] A vacancy in any board
occurs when a member (a) dies, or (b) resigns, or (c) ceases to
be a resident of the district, or (d) is unable to serve on such
board and attend its meetings for not less than 90 days because
of illness or prolonged absence from the district.
Sec. 47. Minnesota Statutes 1996, section 123.33,
subdivision 2a, is amended to read:
Subd. 2a. [SCHOOL BOARD MEMBER TRAINING.] A member
must shall receive training in school finance and management
developed in consultation with the Minnesota school boards
association and consistent with section 121.919. The school
boards association shall must make available to each newly
elected school board member training in school finance and
management consistent with section 121.919 within 180 days of
that member taking office. The program shall be developed in
consultation with the department of children, families, and
learning and appropriate representatives of higher education.
Sec. 48. Minnesota Statutes 1996, section 123.33,
subdivision 3, is amended to read:
Subd. 3. [ILL OR ABSENT MEMBER.] A vacancy caused by a
member being unable to serve on such board and attend its
meetings for not less than 90 days because of illness or
prolonged absence from the district, may, after the board has by
resolution declared such vacancy to exist, be filled by the
board at any regular or special meeting thereof for the
remainder of the unexpired term, or until such ill or absent
member is again able to resume duties as a member of such board,
whichever date is earliest. When such the ill or absent member
is again able to resume duties as a member of the board, the
board shall must by resolution so determine and declare such
person to be again a member of the board, and the member
appointed by the board to be no longer a member thereof.
Sec. 49. Minnesota Statutes 1996, section 123.33,
subdivision 4, is amended to read:
Subd. 4. [VACANCY; APPOINTMENT.] Any other vacancy in a
board shall must be filled by board appointment at a regular or
special meeting. The appointment shall be evidenced by a
resolution entered in the minutes and shall continue until an
election is held under this subdivision. All elections to fill
vacancies shall be for the unexpired term. If the vacancy
occurs before the first day to file affidavits of candidacy for
the next school district general election and more than two
years remain in the unexpired term, a special election shall be
held in conjunction with the school district general election.
The appointed person shall serve until the qualification of the
successor elected to fill the unexpired part of the term at that
special election. If the vacancy occurs on or after the first
day to file affidavits of candidacy for the school district
general election, or when less than two years remain in the
unexpired term, there shall be no special election to fill the
vacancy and the appointed person shall serve the remainder of
the unexpired term and until a successor is elected and
qualifies at the school district election.
Sec. 50. Minnesota Statutes 1996, section 123.33,
subdivision 6, is amended to read:
Subd. 6. [RULES.] The board shall make, and when deemed
advisable, change or repeal rules relating to the organization
and management of the board and the duties of its officers.
Sec. 51. Minnesota Statutes 1996, section 123.33,
subdivision 7, is amended to read:
Subd. 7. [DUTIES.] The board shall must superintend and
manage the schools of the district; adopt rules for their
organization, government, and instruction; keep registers; and
prescribe textbooks and courses of study. The board may enter
into an agreement with a post-secondary institution for
secondary or post-secondary nonsectarian courses to be taught at
a secondary school, nonsectarian post-secondary institution, or
another location.
Sec. 52. Minnesota Statutes 1996, section 123.33,
subdivision 11, is amended to read:
Subd. 11. [PUBLISHING OF PROCEEDINGS.] The board shall
must cause its official proceedings to be published once in the
official newspaper of the district. Such publication shall be
made within 30 days of the meeting at which such proceedings
occurred. If the board determines that publication of a summary
of the proceedings would adequately inform the public of the
substance of the proceedings, the board may direct that only a
summary be published, conforming to the requirements of section
331A.01, subdivision 10.
Sec. 53. Minnesota Statutes 1996, section 123.33,
subdivision 11a, is amended to read:
Subd. 11a. [MAILING OF PROCEEDINGS.] If a school board of
a district that has no newspaper with its known office of issue
or a secondary office located within the boundaries of the
district and no newspaper that is distributed to more than
one-third of the residences in the district determines that
mailing a summary of its proceedings would be more economical
than publication of the proceedings and that it would adequately
inform the public, it may mail a summary of its proceedings to
each residence in the district that can be identified as a
homestead from the property tax records and to each other
residence in the district that the board can identify. The
county shall must make the property tax records available to the
board for this purpose. The board shall must keep a copy of the
summary of the proceedings as part of its records. The decision
of a school board to mail summaries, rather than publish the
proceedings under this subdivision shall be presumed valid,
subject to challenge by a court action.
Sec. 54. Minnesota Statutes 1996, section 123.335, is
amended to read:
123.335 [IMPREST CASH FUNDS.]
Subdivision 1. [IMPREST FUND.] The board may establish one
or more imprest funds for the payment in cash of any proper
claim against the district which it is impractical to pay in any
other manner, except that no claim for salary or personal
expenses of a district officer or employee shall be paid from
such funds. The board shall must appoint a custodian of each
such fund who shall be responsible for its safekeeping and
disbursement according to law. Money for the operation of such
fund shall be secured by a transfer from the general fund. A
claim itemizing all the various demands for which disbursements
have been made from the fund shall must be presented to the
board at the next board meeting after the disbursements have
been made. The board shall must act upon it as in the case of
other claims and an order shall be issued to the custodian for
the amount allowed. The custodian shall use the proceeds of the
order to replenish the fund; and. If the board fails to approve
the claim in full for any sufficient reason, the custodian shall
be personally responsible for the difference.
Subd. 2. [ADVANCES.] The board may authorize an imprest
fund for the purpose of advancing money to officers or employees
to pay the actual and necessary expenses of such officer or
employee in attending meetings outside of the district. The
board shall must appoint a custodian of such fund who shall be
responsible for its safekeeping and disbursement according to
law. At the first regular meeting of the board after such
meeting, the custodian shall submit an itemized claim for the
actual and necessary expenses incurred and paid. The
board shall must act upon it as in the case of other claims and
an order shall be issued to the custodian for the amount
allowed. The custodian shall use the proceeds of the order to
repay the amount advanced from the fund and make final
settlement with the officer or employee. As an alternative the
board may authorize travel advances if control is maintained by
use of a travel advance account, the balance of which is
supported by names of employees to whom money has been advanced.
Sec. 55. Minnesota Statutes 1996, section 123.34,
subdivision 1, is amended to read:
Subdivision 1. [OFFICER SELECTION.] Within ten days after
the election of the first board in independent districts and
annually thereafter on July 1, or as soon thereafter as
practicable, the board shall must meet and organize by selecting
a chair, clerk, and a treasurer, who shall hold their offices
for one year and until their successors are selected and
qualify. The persons who perform the duties of the clerk and
treasurer need not be members of the board and the board by
resolution may combine the duties of the offices of clerk and
treasurer in a single person in the office of business affairs.
They may appoint a superintendent who shall be ex officio a
member of the board, but not entitled to vote therein. In
districts in which board members are elected at the general
election in November, the annual meeting of the board shall must
be held on the first Monday of January or as soon thereafter as
practicable.
Sec. 56. Minnesota Statutes 1996, section 123.34,
subdivision 2, is amended to read:
Subd. 2. [CHAIR.] The chair when present shall preside at
all meetings of the board, countersign all orders upon the
treasurer for claims allowed by the board, represent the
district in all actions and perform all the duties usually
incumbent on such officer. In case of absence, inability, or
refusal of the clerk to draw orders for the payment of money
authorized by a vote of the majority of the board to be paid,
the orders may be drawn by the chair, and paid by the
treasurer,. A statement thereof of the orders drawn, with a
copy of such orders, being shall be delivered to the clerk by
the treasurer, or the office of the clerk may be declared vacant
by the chair and treasurer and filled by appointment.
Sec. 57. Minnesota Statutes 1996, section 123.34,
subdivision 7, is amended to read:
Subd. 7. [PERFORMANCE BOND.] When the duty devolves upon
any person employed by a board to receive money and pay it over
to the treasurer of the district, the district shall must
require a bond from such person and pay all premiums therefor.
The amount of each bond shall be fixed by the board and the bond
approved by it. The bond shall must be not less than $500
conditioned for the faithful performance of the duty and shall
be filed with the clerk. In lieu of individual bonds, the
district may prescribe and keep in effect a schedule or position
insurance policy or blanket bond in such aggregate amount as the
district determines, insuring the fidelity of such persons in
the amount of not less than $500 for each such person.
Sec. 58. Minnesota Statutes 1996, section 123.34,
subdivision 8, is amended to read:
Subd. 8. [CLERK RECORDS.] The clerk shall keep a record of
all meetings of the district and the board in books provided by
the district for that purpose. The clerk shall, within three
days after an election, notify all persons elected of their
election. On or before By August 15 of each year the clerk
shall file with the board a report of the revenues, expenditures
and balances in each fund for the preceding fiscal year. The
report together with vouchers and supporting documents shall
subsequently be examined by a public accountant or the state
auditor, either of whom shall be paid by the school district, as
provided in section 121.908, subdivision 3. The board shall by
resolution approve the report or require a further or amended
report. On or before By August 15 of each year, the clerk shall
make and transmit to the commissioner certified reports, showing:
(1) The condition and value of school property;
(2) The revenues and expenditures in detail, and such other
financial information required by law, rule, or as may be called
for by the commissioner;
(3) The length of school term and the enrollment and
attendance by grades; and
(4) Such other items of information as may be called for by
the commissioner.
The clerk shall enter in the clerk's record book copies of
all reports and of the teachers' term reports, as they appear in
the registers, and of the proceedings of any meeting as
furnished by the clerk pro tem, and keep an itemized account of
all the expenses of the district. The clerk shall furnish to
the auditor of the proper county, on or before by October 10 of
each year, an attested copy of the clerk's record, showing the
amount of money voted by the district or the board for school
purposes; draw and sign all orders upon the treasurer for the
payment of money for bills allowed by the board for salaries of
officers and for teachers' wages and all claims, to be
countersigned by the chair. Such orders shall must state the
consideration, payee, and the fund and the clerk shall take a
receipt therefor. Teachers' wages shall have preference in the
order in which they become due, and no money applicable for
teachers' wages shall be used for any other purpose, nor shall
teachers' wages be paid from any fund except that raised or
apportioned for that purpose.
Sec. 59. Minnesota Statutes 1996, section 123.34,
subdivision 9, is amended to read:
Subd. 9. [SUPERINTENDENT.] All districts maintaining a
classified secondary school shall must employ a superintendent
who shall be an ex officio nonvoting member of the school board.
The authority for selection and employment of a superintendent
shall must be vested in the school board in all cases. An
individual employed by a school board as a superintendent shall
have an initial employment contract for a period of time no
longer than three years from the date of employment. Any
subsequent employment contract must not exceed a period of three
years. A school board, at its discretion, may or may not renew
an employment contract. A school board shall must not, by
action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration
date of an existing employment contract, a school board may
negotiate and enter into a subsequent employment contract to
take effect upon the expiration of the existing contract. A
subsequent contract shall must be contingent upon the employee
completing the terms of an existing contract. If a contract
between a school board and a superintendent is terminated prior
to the date specified in the contract, the school board may not
enter into another superintendent contract with that same
individual that has a term that extends beyond the date
specified in the terminated contract. A school board may
terminate a superintendent during the term of an employment
contract for any of the grounds specified in section 125.12,
subdivision 6 or 8. A superintendent shall not rely upon an
employment contract with a school board to assert any other
continuing contract rights in the position of superintendent
under section 125.12. Notwithstanding the provisions of
sections 122.532, 122.541, 125.12, subdivision 6a or 6b, or any
other law to the contrary, no individual shall have a right to
employment as a superintendent based on order of employment in
any district. If two or more school districts enter into an
agreement for the purchase or sharing of the services of a
superintendent, the contracting districts have the absolute
right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no
individual has a right to employment as the superintendent to
provide all or part of the services based on order of employment
in a contracting district. The superintendent of a district
shall perform the following:
(1) visit and supervise the schools in the district, report
and make recommendations about their condition when advisable or
on request by the board;
(2) recommend to the board employment and dismissal of
teachers;
(3) superintend school grading practices and examinations
for promotions;
(4) make reports required by the commissioner of children,
families, and learning; and
(5) perform other duties prescribed by the board.
Sec. 60. Minnesota Statutes 1996, section 123.34,
subdivision 9a, is amended to read:
Subd. 9a. [DISCLOSE PAST BUYOUTS OR CONTRACT IS VOID.] (a)
For the purposes of paragraph (b), a "buyout agreement" is any
agreement under which a person employed as a superintendent left
the position before the term of the contract was over and
received a sum of money, something else of value, or the right
to something of value for some purpose other than performing the
services of a superintendent.
(b) Before a person may enter into a superintendent's
contract with a school board, the candidate shall disclose in
writing the existence and terms of any previous buyout
agreement, including amounts and the purpose for the payments,
relating to a superintendent's contract with another school
board. A disclosure made under this paragraph is public data.
(c) The superintendent's contract of a person who fails to
make a timely disclosure under paragraph (b) is void.
Sec. 61. Minnesota Statutes 1996, section 123.34,
subdivision 10, is amended to read:
Subd. 10. [PRINCIPALS.] Each public school building, as
defined by section 120.05, subdivision 2, clauses (1), (2), and
(3), in an independent school district may be under the
supervision of a principal who is assigned to that
responsibility by the board of education in that school district
upon the recommendation of the superintendent of schools of that
school district. If pupils in kindergarten through grade 12
attend school in one building, one principal may supervise the
building.
Each principal assigned the responsibility for the
supervision of a school building shall hold a valid license in
the assigned position of supervision and administration as
established by the rules of the state board of education.
The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of
the superintendent of schools of the school district and in
accordance with the policies, rules, and regulations of the
board of education, for the planning, management, operation, and
evaluation of the education program of the building or buildings
to which the principal is assigned.
Sec. 62. Minnesota Statutes 1996, section 123.35,
subdivision 1, is amended to read:
Subdivision 1. [BOARD AUTHORITY.] The board shall must
have the general charge of the business of the district, the
school houses, and of the interests of the schools thereof. The
board's authority to conduct the business of the district
includes implied powers in addition to any specific powers
granted by the legislature.
Sec. 63. Minnesota Statutes 1996, section 123.35,
subdivision 2, is amended to read:
Subd. 2. [FACILITIES FOR SCHOOL-AGE CHILDREN.] It shall be
is the duty and the function of the district to furnish school
facilities to every child of school age residing in any part of
the district. The board may establish and organize and alter
and discontinue such grades or schools as it may deem advisable
and assign to each school and grade a proper number of pupils.
The board shall provide free textbooks for the pupils of the
district.
Sec. 64. Minnesota Statutes 1996, section 123.35,
subdivision 4, is amended to read:
Subd. 4. [LEVY.] The board shall must provide by levy of
tax necessary funds for the conduct of schools, the payment of
indebtedness, and all proper expenses of the district.
Sec. 65. Minnesota Statutes 1996, section 123.35,
subdivision 9b, is amended to read:
Subd. 9b. [SERVICES FOR INDIAN STUDENTS.] School districts
may enter into agreements with Indian tribal governments for
purposes of providing educational services for students. Such
agreements may allow for the use of any resources available to
either party and must give students the option to enroll in
the school district at their election.
Sec. 66. Minnesota Statutes 1996, section 123.35,
subdivision 12, is amended to read:
Subd. 12. [ANNUITY CONTRACT; PAYROLL ALLOCATION.] At the
request of an employee and as part of the employee's
compensation arrangement, the board may purchase an individual
annuity contract for an employee for retirement or other
purposes and may make payroll allocations in accordance with
such arrangement for the purpose of paying the entire premium
due and to become due under such contract. The allocation shall
must be made in a manner which will qualify the annuity
premiums, (or a portion thereof), for the benefit afforded under
section 403(b) of the current Federal Internal Revenue Code or
any equivalent provision of subsequent federal income tax law.
The employee shall own such contract and the employee's
rights thereunder under the contract shall be nonforfeitable
except for failure to pay premiums. Section 125.12 shall not be
applicable hereto and the board shall have no liability
thereunder because of its purchase of any individual annuity
contracts. This statute shall be applied in a nondiscriminatory
manner to employees of the school district.
Sec. 67. Minnesota Statutes 1996, section 123.35,
subdivision 15, is amended to read:
Subd. 15. [PAYMENT OF CLAIMS.] When payment of a claim
cannot be deferred until the next board meeting without loss to
the district of a discount privilege, or when payment of a claim
cannot be deferred until the next board meeting because of
contract terms, purchase order terms, or a vendor's standard
terms which are part of the contract, the claim may be paid
prior to board approval, providing that the board:
(a) Has delegated authority to the clerk or a designated
business administrator to make a payment prior to board approval
and
(b) Requires that payment made prior to board approval be
acted upon at the next board meeting.
Payment prior to board approval shall must not affect the
right of the district or a taxpayer to challenge the validity of
a claim.
Sec. 68. Minnesota Statutes 1996, section 123.35,
subdivision 20, is amended to read:
Subd. 20. [LEGAL COUNSEL; REIMBURSEMENT.] If reimbursement
is requested by a school district employee, the board may, after
consulting with its legal counsel, reimburse the employee for
any costs and reasonable attorney fees incurred by the person to
defend criminal charges brought against the person arising out
of the performance of duties for the school district. A board
member who is a witness or an alleged victim in the case may not
vote on the reimbursement. If a quorum of the board is
disqualified from voting on the reimbursement, the reimbursement
shall must be approved by a judge of the district court.
Sec. 69. Minnesota Statutes 1996, section 123.36,
subdivision 1, is amended to read:
Subdivision 1. [SITES.] According to section 124.91,
subdivision 1, or 465.71, when funds are available therefor, the
board may locate and acquire necessary sites of schoolhouses or
enlargements, or additions to existing schoolhouse sites by
lease, purchase or condemnation under the right of eminent
domain; it may erect schoolhouses thereon on the sites; it may
erect or purchase garages for district-owned school buses. When
property is taken by eminent domain by authority of this
subdivision when needed by the school district for such
purposes, the fact that the property so needed has been acquired
by the owner under the power of eminent domain or is already
devoted to public use, shall not prevent its acquisition by
the school district. The board may sell or exchange
schoolhouses or sites, and execute deeds of conveyance thereof.
Sec. 70. Minnesota Statutes 1996, section 123.36,
subdivision 5, is amended to read:
Subd. 5. [USE OF SCHOOL HOUSES.] The board may authorize
the use of any schoolhouses in the district for divine worship,
Sunday schools, public meetings, elections, post-secondary
instruction, and other community purposes that, in its judgment,
will not interfere with their use for school purposes. Before
permitting any of these uses, the board may require a cash or
corporate surety bond in a reasonable amount conditioned for the
proper use of the schoolhouse, payment of all rent, and repair
of all damage occasioned caused by the use. It may determine a
reasonable charge for using the schoolhouse.
It may authorize the use of any schoolhouses or buildings
owned or leased by the district for primaries, elections,
registrations, and related activities if the board determines
that the use will not interfere with school purposes. It may
impose reasonable regulations and conditions upon the use as may
seem necessary and proper.
Sec. 71. Minnesota Statutes 1996, section 123.36,
subdivision 10, is amended to read:
Subd. 10. [LEASE FOR NONSCHOOL PURPOSE.] (a) The board may
lease to any person, business, or organization a schoolhouse
that is not needed for school purposes, or part of a schoolhouse
that is not needed for school purposes if the board determines
that leasing part of a schoolhouse does not interfere with the
educational programs taking place in the rest of the building.
The board may charge and collect reasonable consideration for
the lease and may determine the terms and conditions of the
lease.
(b) In districts with outstanding bonds, the net proceeds
of the lease shall must be first deposited in the debt
retirement fund of the district in an amount sufficient to meet
when due that percentage of the principal and interest payments
for outstanding bonds that is ascribable to the payment of
expenses necessary and incidental to the construction or
purchase of the particular building or property that is leased.
Any remaining net proceeds in these districts may be deposited
in either the debt redemption fund or capital expenditure fund.
All net proceeds of the lease in districts without outstanding
bonds shall be deposited in the capital expenditure fund of the
district.
(c) The board may make capital improvements, including
fixtures, to a schoolhouse or a portion thereof, not exceeding
in cost the replacement value of the schoolhouse, to facilitate
its rental, and the lease of an improved schoolhouse, or part of
it, shall provide for rentals which will recover the cost of the
improvements over the initial term of the lease.
Notwithstanding clause paragraph (b), the portion of the rentals
representing the cost of the improvements shall be deposited in
the capital expenditure fund of the district and the balance of
the rentals shall be used as provided in clause paragraph (b).
Sec. 72. Minnesota Statutes 1996, section 123.36,
subdivision 11, is amended to read:
Subd. 11. [SCHOOLHOUSE CLOSING.] The board may close a
schoolhouse only after a public hearing on the question of the
necessity and practicability of the proposed closing. Published
notice of the hearing shall be given for two weeks in the
official newspaper of the district. The time and place of the
meeting, the description and location of the schoolhouse, and a
statement of the reasons for the closing shall must be specified
in the notice. Parties requesting to give testimony for and
against the proposal shall be heard by the board before it makes
a final decision to close or not to close the schoolhouse.
Sec. 73. Minnesota Statutes 1996, section 123.36,
subdivision 13, is amended to read:
Subd. 13. [PROCEEDS OF SALE OR EXCHANGE.] (a) Proceeds of
the sale or exchange of school buildings or real property of the
school district shall must be used as provided in this
subdivision.
(a) (b) In districts with outstanding bonds, the proceeds
of the sale or exchange shall first be deposited in the debt
retirement fund of the district in an amount sufficient to meet
when due that percentage of the principal and interest payments
for outstanding bonds which is ascribable to the payment of
expenses necessary and incidental to the construction or
purchase of the particular building or property which is sold.
(b) (c) After satisfying the requirements of paragraph
(a) (b), a district with outstanding bonds may deposit proceeds
of the sale or exchange in its capital expenditure fund if the
amount deposited is used for the following:
(1) for expenditures for the cleanup of polychlorinated
biphenyls, if the method for cleanup is approved by the
department of children, families, and learning;
(2) for capital expenditures for the betterment, as defined
in section 475.51, subdivision 8, of district-owned school
buildings; or
(3) to replace the building or property sold.
(c) (d) In a district with outstanding bonds, the amount of
the proceeds of the sale or exchange remaining after the
application of paragraphs (a) and (b) (b) and (c), which is
sufficient to meet when due that percentage of the principal and
interest payments for the district's outstanding bonds which is
not governed by paragraph (a) (b), shall be deposited in the
debt retirement fund.
(d) (e) Any proceeds of the sale or exchange remaining in
districts with outstanding bonds after the application of
paragraphs (a), (b), and (c) (b), (c), and (d), and all proceeds
of the sale or exchange in districts without outstanding bonds
shall be deposited in the capital expenditure fund of the
district.
(e) (f) Notwithstanding paragraphs (b) and (c) (c) and (d),
a district with outstanding bonds may deposit in its capital
expenditure fund and use for any lawful capital expenditure
without the reduction of any levy limitation the same percentage
of the proceeds of the sale or exchange of a building or
property as the percentage of the initial cost of purchasing or
constructing the building or property which was paid using
revenue from the capital expenditure fund.
Sec. 74. Minnesota Statutes 1996, section 123.36,
subdivision 14, is amended to read:
Subd. 14. [ASBESTOS REMOVAL AND POLYCHLORINATED BIPHENYLS
CLEANUP.] Notwithstanding any law to the contrary, school
districts may, without an election, enter into contracts
extending beyond the end of the fiscal year to pay the costs of
removal or encapsulation of asbestos or cleanup of
polychlorinated biphenyls found in school buildings or on school
property.
Sec. 75. Minnesota Statutes 1996, section 123.37,
subdivision 1, is amended to read:
Subdivision 1. [CONTRACTS.] No A contract for work or
labor, or for the purchase of furniture, fixtures, or other
property, except books registered under the copyright laws, or
for the construction or repair of school houses, the estimated
cost or value of which shall exceed that specified in section
471.345, subdivision 3, shall must not be made by the school
board without first advertising for bids or proposals by two
weeks' published notice in the official newspaper. This
notice shall must state the time and place of receiving bids and
contain a brief description of the subject matter.
Additional publication in the official newspaper or
elsewhere may be made as the board shall deem necessary.
After taking into consideration conformity with the
specifications, terms of delivery, and other conditions imposed
in the call for bids, every such contract shall must be awarded
to the lowest responsible bidder, be duly executed in writing,
and be otherwise conditioned as required by law. The person to
whom the contract is awarded shall give a sufficient bond to the
board for its faithful performance. Notwithstanding section
574.26 or any other law to the contrary, on a contract limited
to the purchase of a finished tangible product, a school board
may require, at its discretion, a performance bond of a
contractor in the amount the board considers necessary. A
record shall must be kept of all bids, with names of bidders and
amount of bids, and with the successful bid indicated thereon.
A bid containing an alteration or erasure of any price contained
in the bid which is used in determining the lowest responsible
bid shall must be rejected unless the alteration or erasure is
corrected as herein provided in this section. An alteration or
erasure may be crossed out and the correction thereof printed in
ink or typewritten adjacent thereto and initialed in ink by the
person signing the bid. In the case of identical low bids from
two or more bidders, the board may, at its discretion, utilize
negotiated procurement methods with the tied low bidders for
that particular transaction, so long as the price paid does not
exceed the low tied bid price. In the case where only a single
bid is received, the board may, at its discretion, negotiate a
mutually agreeable contract with the bidder so long as the price
paid does not exceed the original bid. If no satisfactory bid
is received, the board may readvertise. Standard requirement
price contracts established for supplies or services to be
purchased by the district shall must be established by
competitive bids. Such standard requirement price contracts may
contain escalation clauses and may provide for a negotiated
price increase or decrease based upon a demonstrable
industrywide or regional increase or decrease in the vendor's
costs. Either party to the contract may request that the other
party demonstrate such increase or decrease. The term of such
contracts shall must not exceed two years with an option on the
part of the district to renew for an additional two years.
Provided that in the case of Contracts for the purchase of
perishable food items, except milk for school lunches and
vocational training programs a contract of, in any amount may be
made by direct negotiation by obtaining two or more written
quotations for the purchase or sale, when possible, without
advertising for bids or otherwise complying with the
requirements of this section or section 471.345, subdivision 3.
All quotations obtained shall be kept on file for a period of at
least one year after receipt thereof.
Every contract made without compliance with the provisions
of this section shall be void. Provided, that Except in the
case of the destruction of buildings or injury thereto, where
the public interest would suffer by delay, contracts for repairs
may be made without advertising for bids.
Sec. 76. Minnesota Statutes 1996, section 123.37,
subdivision 1a, is amended to read:
Subd. 1a. [CONTRACT WITHIN BUDGETED AMOUNTS.] The board
may authorize its superintendent or business manager to lease,
purchase, and contract for goods and services within the budget
as approved by the board, provided that. Any transaction in an
amount exceeding the minimum amount for which bids are required
must first be specifically authorized by the board and must
fulfill all other applicable requirements in subdivision 1.
Sec. 77. Minnesota Statutes 1996, section 123.37,
subdivision 1b, is amended to read:
Subd. 1b. [TRANSPORTATION; FUEL.] Notwithstanding the
provisions of subdivision 1 or section 471.345, a contract for
the transportation of school children, or a contract for the
purchase of petroleum heating fuel or fuel for vehicles may be
made by direct negotiation, by obtaining two or more written
quotations for the service when possible, or upon sealed bids.
At least 30 days before awarding a directly negotiated contract,
the school district shall must, by published notice, request
quotations for the service to be provided. All quotations
obtained shall must be kept on file for a period of at least one
year after receipt thereof. If a contract is made by direct
negotiation, all quotations shall must be public information.
If a contract is made upon sealed bids, the procedure for
advertising and awarding bids shall conform to the provisions of
subdivision 1 except as otherwise provided in this subdivision.
Notwithstanding the provisions of subdivision 1 or section
574.26, a performance bond shall must be required of a
contractor on a contract for the transportation of school
children only when and in the amount deemed necessary by and at
the discretion of the school board. Such a performance bond
must be in the amount determined by the board.
Sec. 78. Minnesota Statutes 1996, section 123.38,
subdivision 1, is amended to read:
Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.]
Whenever it shall appear appears to be beneficial and for the
best interest of the district and the pupils of the district to
carry on any school sport activities or educational activities
connected with their studies outside of the territorial limits
of the school district, the board may authorize such activities
to be conducted under such rules and regulations as the board
deems sufficient. The district may pay all necessary costs
therefor including transportation from the school district funds
available.
Sec. 79. Minnesota Statutes 1996, section 123.38,
subdivision 2, is amended to read:
Subd. 2. [COCURRICULAR ACTIVITIES AUTHORIZATION.] The
board shall must take charge of and control all cocurricular
school activities of the teachers and children of the public
schools in that district held in the school building or school
grounds or under the supervision or direction of the school
board and to that end. The board must adopt rules and
regulations for the conduct of these cocurricular activities in
which the schools of the district or any class or pupils therein
may participate. All money received on account of such
activities shall must be turned over to the school district
treasurer, who shall keep the same in the general fund, to be
disbursed for expenses and salaries connected with the
activities, or otherwise, by the board upon properly allowed
itemized claims.
No cocurricular activity shall be participated in by the
Teachers or pupils in the public schools of such district must
not participate in cocurricular activities, nor shall the school
name or any allied name be used in connection therewith, except
by consent and direction of the board.
Sec. 80. Minnesota Statutes 1996, section 123.38,
subdivision 2a, is amended to read:
Subd. 2a. [COCURRICULAR ACTIVITIES.] Cocurricular
activities shall mean means school sponsored and directed
activities designed to provide opportunities for pupils to
participate, on an individual or group basis, in school and
public events for the improvement of skills. Cocurricular
activities are not offered for school credit, cannot be counted
toward graduation and have one or more of the following
characteristics:
(a) They are conducted at regular and uniform times during
school hours, or at times established by school authorities;
(b) Although not offered for credit, they are directed or
supervised by instructional staff in a learning environment
similar to that found in courses offered for credit;
(c) They are partially funded by public moneys for general
instructional purposes under direction and control of the board.
Sec. 81. Minnesota Statutes 1996, section 123.38,
subdivision 2b, is amended to read:
Subd. 2b. [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.]
(a) The board may take charge of and control all extracurricular
activities of the teachers and children of the public schools in
the district. Extracurricular activities shall mean means all
direct and personal services for public school pupils for their
enjoyment that are managed and operated under the guidance of an
adult or staff member.
(b) Extracurricular activities have all of the following
characteristics:
(1) they are not offered for school credit nor required for
graduation;
(2) they are generally conducted outside school hours, or
if partly during school hours, at times agreed by the
participants, and approved by school authorities;
(3) the content of the activities is determined primarily
by the pupil participants under the guidance of a staff member
or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be
self-sustaining with all expenses, except direct salary costs
and indirect costs of the use of school facilities, met by dues,
admissions, or other student fundraising events. The general
fund shall must reflect only those salaries directly related to
and readily identified with the activity and paid by public
funds. Other revenues and expenditures for extra curricular
activities must be recorded according to the "Manual of
Instruction for Uniform Student Activities Accounting for
Minnesota School Districts and Area Vocational-Technical
Colleges." Extracurricular activities not under board control
must have an annual financial audit and must also be audited
annually for compliance with this section.
(d) If the board takes charge of and controls
extracurricular activities, any or all costs of these activities
may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same
manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls
extracurricular activities, no such activity shall be
participated in by the teachers or pupils in the district must
not participate in such activity, nor shall the school name or
any allied name be used in connection therewith, except by
consent and direction of the board.
Sec. 82. Minnesota Statutes 1996, section 123.38,
subdivision 3, is amended to read:
Subd. 3. [INSURANCE.] The board may enter into a contract
providing for the payment of cash benefits or the rendering or
payment of hospital and medical benefits, or both to school
children injured while participating in activities of the
school, such. The contract to entered into by the board may
make the payment of such benefits or the rendering thereof the
direct and sole obligation of the association or company
entering into such contract with the district.
If the board deems it advisable, it may authorize employees
to collect fees from the pupils enrolled in said school who are
to be or are covered by such contract, and to make payment of
the premium or other charge for such contract or protection.
The payment of such premium or other charge may be made from
funds received from the federal government or from the state or
any governmental subdivision thereof, or from funds derived by a
tax levy or the issuance of bonds.
The child's payment of any fees, premium or other charge by
such child shall not thereby make the district liable for any
injuries incurred from such school activities.
The state board of education may purchase medical insurance
coverage for the benefit of students of the Minnesota state
academy for the deaf or the Minnesota state academy for the
blind in the same manner and with the same effect as a school
district board may do for its students under this subdivision.
Sec. 83. Minnesota Statutes 1996, section 123.39,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO TRANSPORT PUPILS.] The board
may provide for the transportation of pupils to and from school
and for any other purpose. The board may also provide for the
transportation of pupils to schools in other districts for
grades and departments not maintained in the district, including
high school, at the expense of the district, when funds are
available therefor and if agreeable to the district to which it
is proposed to transport the pupils, for the whole or a part of
the school year, as it may deem advisable, and subject to its
rules. In any school district, the board shall must arrange for
the attendance of all pupils living two miles or more from the
school, except pupils whose transportation privileges have been
revoked under section 123.805, subdivision 1, clause (6), or
123.7991, paragraph (b), through suitable provision. The
district may provide for the transportation of or through the
boarding and rooming of the pupils who may be more economically
and conveniently provided for by that means. The board shall
must provide transportation to and from the home of a child with
a disability not yet enrolled in kindergarten when special
instruction and services under sections 120.17 and 120.1701 are
provided in a location other than in the child's home. When
transportation is provided, scheduling of routes, establishment
of the location of bus stops, manner and method of
transportation, control and discipline of school children and
any other matter relating thereto shall must be within the sole
discretion, control, and management of the school board. The
district may provide for the transportation of pupils or expend
a reasonable amount for room and board of pupils whose
attendance at school can more economically and conveniently be
provided for by that means or who attend school in a building
rented or leased by a district within the confines of an
adjacent district.
Sec. 84. Minnesota Statutes 1996, section 123.39,
subdivision 2, is amended to read:
Subd. 2. [TRANSPORTATION SERVICES CONTRACTS.] The board
may contract for the furnishing of authorized transportation
under rules established by the commissioner of children,
families, and learning, and may purchase gasoline and furnish
same to a contract carrier for use in the performance of a
contract with the school district for transportation of school
children to and from school.
Sec. 85. Minnesota Statutes 1996, section 123.39,
subdivision 8, is amended to read:
Subd. 8. [AUTHORITY TO RENT BUSES.] The board may rent a
bus owned by the school district excluding a motor-coach bus to
any person for any lawful purpose. Bus rental shall must not
interfere with the transportation of pupils by the district. A
lessee may use and operate the bus without payment of a motor
vehicle tax. The lessee is liable for any claims for injuries
and damages arising out of the use and operation of a bus leased
from the district. Except as provided in subdivision 9a, the
lessee shall procure insurance at the lessee's expense
protecting the board and the district against claims for
injuries and damages arising out of the use and operation of the
bus.
Sec. 86. Minnesota Statutes 1996, section 123.39,
subdivision 8a, is amended to read:
Subd. 8a. [NONPUPIL TRANSPORTATION; INSURANCE.]
Notwithstanding the provisions of section 221.021, any public
school district or school bus contractor providing
transportation services to a school district on a regular basis
in this state may operate school buses, excluding motor coach
buses, for the purpose of providing transportation to nonpupils
of the school district attending school events, as defined in
section 123.38, subdivision 2a or 2b, provided that no carrier
having a charter carrier permit has its principal office and
place of business or bus garage within 12 miles of the principal
office of the school district. School District owned buses and
the operators thereof shall otherwise comply with the provisions
of this section and the rules of the state board of education
and shall be insured in at least the amounts stated in section
466.04, subdivision 1. In all cases the total cost of providing
such services, as determined by sound accounting procedures,
shall be paid by charges made against those using the buses.
Sec. 87. Minnesota Statutes 1996, section 123.39,
subdivision 8b, is amended to read:
Subd. 8b. [TRANSPORTATION OF ANY PERSON.] School Districts
may use school district owned or contractor operated school
buses to provide transportation along regular school bus routes
on a space available basis for any person, provided that this.
Such use of a bus does must not interfere with the
transportation of pupils to and from school or other authorized
transportation of pupils. In all cases, the total additional
cost of providing these services, as determined by sound
accounting procedures, shall must be paid by charges made
against those using these services or some third-party payor.
In no case shall the additional cost of this transportation be
paid by the school district.
The provisions of section 65B.47, subdivision 4, shall be
applicable to any person being transported pursuant to this
subdivision.
Sec. 88. Minnesota Statutes 1996, section 123.39,
subdivision 8c, is amended to read:
Subd. 8c. [PART-TIME SECONDARY STUDENTS.] School Districts
may provide bus transportation along regular school bus routes
on a space available basis for part-time students enrolled in
secondary classes pursuant to section 123.35, subdivisions 8a,
8b and 8c, provided that this. Such use of a bus does must not
interfere with the transportation of pupils to and from school
or other authorized transportation of pupils. The total
additional cost of providing these services, as determined by
sound accounting procedures, shall be paid by charges made
against those using the services or some third-party payor.
Sec. 89. Minnesota Statutes 1996, section 123.39,
subdivision 8d, is amended to read:
Subd. 8d. [EARLY CHILDHOOD FAMILY EDUCATION PARTICIPANTS.]
School Districts may provide bus transportation along regular
school bus routes when space is available for participants in
early childhood family education programs and learning readiness
programs if these services do not result in an increase in the
district's expenditures for transportation. The costs allocated
to these services, as determined by generally accepted
accounting principles, shall be considered part of the
authorized cost for regular transportation for the purposes of
section 124.225.
Sec. 90. Minnesota Statutes 1996, section 123.39,
subdivision 8e, is amended to read:
Subd. 8e. [AREA LEARNING CENTER PUPILS.] School Districts
may provide bus transportation along school bus routes
established to provide nonregular transportation as defined in
section 124.225, subdivision 1, paragraph (e)(2)(ii), when space
is available, for pupils attending programs at an area learning
center. The transportation is only permitted between schools
and if it does not increase the district's expenditures for
transportation. The cost of these services shall be considered
part of the authorized cost for nonregular transportation for
the purpose of section 124.225.
Sec. 91. Minnesota Statutes 1996, section 123.39,
subdivision 9a, is amended to read:
Subd. 9a. [INSURANCE; INDEMNITY.] If a school board has
obtained insurance pursuant to subdivision 9 or section 466.06,
it may also obtain and pay for insurance coverage to indemnify a
lessee and to protect the board and the district, in any amount
not exceeding the limits of coverage provided for the insurance
obtained pursuant to subdivision 9 or section 466.06 against
claims for injuries and damages arising out of the use and
operation of a district-owned bus while it is leased or rented
to the lessee pursuant to subdivision 8. The rental charge
shall include the cost of this additional insurance coverage.
The procurement of this additional insurance coverage
constitutes a waiver of the defense of governmental immunity to
the extent of the additional coverage but has no effect on the
liability of the board, the school district, or its employees
beyond the coverage so provided.
Sec. 92. Minnesota Statutes 1996, section 123.39,
subdivision 11, is amended to read:
Subd. 11. [INSURANCE; SCHOOL SAFETY PATROL.] The board may
provide and pay the premiums for insurance against injuries
resulting to its pupils while assigned to and acting on a school
safety patrol, which. Such insurance may provide for the
payment of either cash benefits to such injured pupil or for the
payment of hospital and medical benefits to or for such injured
pupil, or both. Nothing herein shall be construed to in any way
make the district liable for such injuries.
Sec. 93. Minnesota Statutes 1996, section 123.39,
subdivision 12, is amended to read:
Subd. 12. [SNOW REMOVAL.] The board may enter into
contracts for the removal of snow from roads used for regular
bus routes transporting pupils to and from school either within
or without outside the district.
Sec. 94. Minnesota Statutes 1996, section 123.39,
subdivision 13, is amended to read:
Subd. 13. [HANDICAPPED PERSON TRANSPORT TO DEVELOPMENTAL
ACHIEVEMENT CENTER.] The board shall must contract with any
licensed developmental achievement center attended by a resident
handicapped person who fulfills the eligibility requirements of
section 252.23, subdivision 1, to transport the resident
handicapped person to the developmental achievement center in
return for payment by the center of the cost of the
transportation, if transportation by the board is in the best
interest of the handicapped person and is not unreasonably
burdensome to the district and if a less expensive, reasonable,
alternative means of transporting the handicapped person does
not exist. If the board and the developmental achievement
center are unable to agree to a contract, either the board or
the center may appeal to the commissioner of children, families,
and learning to resolve the conflict. All decisions of the
commissioner shall be final and binding upon the board and the
center.
Sec. 95. Minnesota Statutes 1996, section 123.39,
subdivision 14, is amended to read:
Subd. 14. [CUSTODIAL PARENT TRANSPORTATION.] The board may
provide transportation for a pupil who is a custodial parent and
that pupil's child between the pupil's home and a child care
provider and between the provider and the school. The
board shall must establish criteria for transportation it
provides according to this subdivision.
Sec. 96. Minnesota Statutes 1996, section 123.39,
subdivision 15, is amended to read:
Subd. 15. [PUPIL TRANSPORT ON STAFF DEVELOPMENT DAYS.] A
school district may provide bus transportation between home and
school for pupils on days devoted to parent-teacher conferences,
teacher's workshops, or other staff development opportunities.
If approved by the commissioner as part of a program of
educational improvement, the cost of providing this
transportation, as determined by generally accepted accounting
principles, must be considered part of the authorized cost for
regular transportation for the purposes of section 124.225. The
commissioner shall approve inclusion of these costs in the
regular transportation category only if the total number of
instructional hours in the school year divided by the total
number of days for which transportation is provided equals or
exceeds the number of instructional hours per day prescribed in
the rules of the state board.
Sec. 97. Minnesota Statutes 1996, section 123.39,
subdivision 16, is amended to read:
Subd. 16. [POST-SECONDARY ENROLLMENT OPTIONS PUPILS.]
School Districts may provide bus transportation along school bus
routes established to provide nonregular transportation as
defined in section 124.225, subdivision 1, paragraph (c), clause
(2), when space is available, for pupils attending programs at a
post-secondary institution under the post-secondary enrollment
options program. The transportation is permitted only if it
does not increase the district's expenditures for
transportation. Fees collected for this service under section
120.73, subdivision 1, paragraph (m), shall be subtracted from
the authorized cost for nonregular transportation for the
purpose of section 124.225.
Sec. 98. Minnesota Statutes 1996, section 123.40,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENT OF JUST CLAIMS.] The board shall
must provide for the payment of all just claims against the
district in cases provided by law.
Sec. 99. Minnesota Statutes 1996, section 123.40,
subdivision 2, is amended to read:
Subd. 2. [PROSECUTE AND DEFEND ACTIONS.] In all proper
cases, the board shall must prosecute and defend actions by or
against the district.
Sec. 100. Minnesota Statutes 1996, section 123.40,
subdivision 8, is amended to read:
Subd. 8. [REMOVAL OF UNAUTHORIZED VEHICLES.] The board may
authorize a representative to move unauthorized vehicles parked
on school district property, or require the driver or other
person in charge of the vehicle to move the same off school
district property.
When such representative finds such a vehicle unattended
upon school district premises, such representative is hereby
authorized to provide for the removal of such vehicle and remove
the same to the nearest convenient garage or other place of
safety off of school district property. Such vehicle shall be
moved at the expense of the owner or operator.
Sec. 101. Minnesota Statutes 1996, section 123.41, is
amended to read:
123.41 [LIABILITY INSURANCE,; OFFICERS AND EMPLOYEES.]
The governing body of any independent school district may
procure insurance against liability of the school district or of
its officers and employees for damages resulting from wrongful
acts and omissions of the school district and its officers and
employees, whether the acts or omissions relate to governmental
or proprietary functions of the school district. Insofar as
this insurance relates to governmental functions of the school
district, the policy of insurance shall contain a provision
under which requiring the insurance company agrees to waive the
defense of governmental immunity up to the limits of the policy
unless the school district consents to the assertion of that
defense.
Sec. 102. Minnesota Statutes 1996, section 123.63, is
amended to read:
123.63 [EMINENT DOMAIN.]
In any municipal corporation or district in this state
where the governing body or board has the right, power, and
authority to purchase sites for school buildings without
authorization by the voters at a regular or special meeting or
election called for that purpose, such governing body or school
board shall have the right, power, and authority to condemn
lands under the right of eminent domain for sites and grounds
for public school buildings and. The governing body or board
shall exercise such power and authority shall be exercised under
and pursuant to the terms and provisions of chapter 117. Any
such corporation or school district shall have the right, upon
the filing of the award of the commissioners provided for in
chapter 117, and upon giving the notice therein required of the
filing of such award, to enter upon and appropriate the lands so
condemned without giving of any bond, but. In case of such
entry and appropriation, such corporation or school district
shall be bound absolutely to pay all damages awarded, either by
the commissioners or by the court upon appeal therefrom,
together with all costs and expenses adjudged against it therein
within the time specified in chapter 117. In case any such
corporation or school district shall appeal from the award of
commissioners appointed pursuant to any such condemnation
proceedings, such corporation or school district shall not be
required to give or file any appeal bond therein.
Sec. 103. Minnesota Statutes 1996, section 123.64, is
amended to read:
123.64 [AGRICULTURAL EDUCATION.]
The board of In any district in which instruction in
agriculture is afforded, the board is authorized and empowered
to purchase or otherwise acquire by condemnation proceedings as
provided for acquiring schoolhouse sites in the name and in
behalf of such district, a suitable tract of land either within
or without outside of the limits of such district to be used for
the purpose of instruction, experimentation, and demonstration
in agriculture. The provisions of this section shall apply as
well to districts organized under special acts as under the
general laws, notwithstanding any provisions or restrictions in
the laws under which the same districts are organized.
Sec. 104. Minnesota Statutes 1996, section 123.66, is
amended to read:
123.66 [RECORDS AS EVIDENCE.]
The records of all districts and boards and all transcripts
thereof, or any part thereof, certified by the clerk or other
officer having custody thereof of the records or transcripts,
shall be prima facie evidence of the facts therein stated and in
the records or transcripts. All records, books, and papers of
such the district or board shall be subject to the inspection of
any voter of the district.
Sec. 105. Minnesota Statutes 1996, section 123.681, is
amended to read:
123.681 [SALE AT AUCTION.]
Notwithstanding sections 123.37, subdivision 1, 471.345 or
any other law, the board of a school district or of a
cooperative center for vocational education may, in lieu of
advertising for bids, sell at public auction to the highest
responsible bidder a building constructed or to be constructed
by a secondary or post-secondary school student or class as a
school assignment. A board shall publish notice of a sale at
least two weeks before the sale in the official newspaper of the
district, or in the case of a cooperative center, in the
official newspapers of each of the member districts, and may, at
its discretion, publish additional notice in the official paper
or elsewhere. A building may be withdrawn from sale prior to
the completion of the sale unless the auction has been announced
to be without reserve. If the sale is made at public auction, a
duly licensed auctioneer shall must be retained to conduct the
sale. The auctioneer shall be paid from the proceeds of the
sale or from any funds available to the board which are not
otherwise restricted or encumbered.
Sec. 106. Minnesota Statutes 1996, section 123.71, is
amended to read:
123.71 [PUBLICATION OF FINANCIAL INFORMATION.]
Subdivision 1. [BUDGETS.] By October 1, every school board
shall, no later than October 1, must publish revenue and
expenditure budgets for the current year and the actual
revenues, expenditures, fund balances for the prior year and
projected fund balances for the current year in a form
prescribed by the commissioner. The forms prescribed shall must
be designed so that year to year comparisons of revenue,
expenditures and fund balances can be made. These budgets,
reports of revenue, expenditures and fund balances shall must be
published in a qualified newspaper of general circulation in the
district.
Subd. 2. [DEBT SUMMARY.] It shall The board must also
publish at the same time a summary of bonds outstanding, paid,
and sold; a summary of orders not paid for want of funds;
certificates of indebtedness for the year ending June 30; the
statutory operating debt of the district as defined and
certified pursuant to section 121.914; and the balance amount of
the reserved fund balance reserve account for purposes of
statutory operating debt reduction established pursuant to
sections 124.226, 124.2716, 124.91, 124.912, 124.914, 124.916,
and 124.918.
Subd. 3. [BUDGET INSPECTION.] A statement shall must be
included in the publication that the complete budget in detail
may be inspected by any resident of the district upon request to
the chief school administrator.
Subd. 4. [COST PER PUPIL.] It shall The board must also
publish at the same time the average cost per pupil in average
daily membership educated in that district in the preceding
year. This computation shall must be made exclusive of debt
service or capital outlay costs.
Sec. 107. Minnesota Statutes 1996, section 123.72, is
amended to read:
123.72 [MEDICAL INSURANCE PREMIUMS FOR RETIRED.]
The school board of any independent school district may
expend funds to pay premiums on hospitalization and major
medical insurance coverage for officers and employees who retire
prior to age 65.
Sec. 108. Minnesota Statutes 1996, section 123.75,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY.] Each school district may develop a
fingerprinting program for pupils and children who reside in the
district. The principal or chief administrative officer of a
nonpublic school may develop a fingerprinting program for pupils
of the school. If developed, the program must be developed in
conjunction with law enforcement agencies having jurisdiction
within the school district or the place where the nonpublic
school is located. The law enforcement agencies must cooperate
fully with the school district or the nonpublic school in the
development of its fingerprinting program.
Sec. 109. Minnesota Statutes 1996, section 123.75,
subdivision 3, is amended to read:
Subd. 3. [LIMITATIONS AND PROCEDURES.] If developed, the
fingerprinting program may be developed only for the purpose of
assisting in the location and identification of missing
children, and must be operated according to the following
procedures:
(a) No child may be required to participate in the program.
(b) Before a child may participate in the program, the
child's parents, guardian, legal custodian, or other person
responsible for the child must authorize the child's
participation by signing a form developed by the school district
or the principal or chief administrative officer of the
nonpublic school.
(c) Fingerprinting of children must be done by law
enforcement personnel on fingerprint cards provided to the
school district or nonpublic school by the commissioner of
public safety or on fingerprint cards acquired elsewhere.
(d) The school must give the fingerprint card to the
child's parents, guardian, legal custodian, or other person
responsible for the child. No copy of the fingerprint card may
be retained by the law enforcement agency, school, or school
district.
(e) The child's name, sex, hair and eye color, height,
weight, and date and place of birth must be written on the
fingerprint card.
School Districts and nonpublic schools that develop
fingerprinting programs under this section shall offer them on a
periodic basis, and shall notify parents, guardians, legal
custodians, and residents of the district or communities served
by the school of the program and its purpose. Notification may
be made by means of memoranda, letters, newspaper articles, or
other reasonable means.
Sec. 110. Minnesota Statutes 1996, section 123.75,
subdivision 5, is amended to read:
Subd. 5. [OTHER FINGERPRINTING PROGRAMS UNAFFECTED.] This
section does not apply to fingerprinting programs for children
that are provided by private organizations other than nonpublic
schools, or governmental entities other than school districts.
Sec. 111. Minnesota Statutes 1996, section 123.751,
subdivision 1, is amended to read:
Subdivision 1. [FLAG RECORD UPON CERTAIN NOTIFICATION.]
A school district shall must flag the record of a pupil who is
currently or was previously enrolled in the district if a law
enforcement agency notifies the district of the pupil's
disappearance. The flag must be made so that, if a copy of or
information regarding the pupil's record is requested, the
district is aware that the record is that of a missing pupil.
Sec. 112. Minnesota Statutes 1996, section 123.751,
subdivision 2, is amended to read:
Subd. 2. [DISTRICT NOTIFICATION WHEN RECORDS ARE
REQUESTED.] When the district provides a copy of the pupil's
record or other information concerning the pupil whose record is
flagged, the district shall must notify the law enforcement
agency that notified the district of the pupil's disappearance
of every inquiry concerning the record. The district shall must
also provide a copy to the law enforcement agency of a written
request for information concerning the record.
Sec. 113. Minnesota Statutes 1996, section 123.751,
subdivision 3, is amended to read:
Subd. 3. [RECORDS UPON SCHOOL DISTRICT TRANSFER.] When a
pupil transfers from one district to another, the receiving
district shall attempt to obtain, within 30 days of the pupil's
enrollment, the pupil's record from the district from which the
pupil has transferred. If the pupil's parent, custodian, or
guardian provides a copy of the pupil's record from the district
from which the pupil has transferred, the receiving district
shall must request, within 30 days of the pupil's enrollment,
written verification of the pupil's record by contacting the
district named on the transferring pupil's record. Information
received by a school district indicating that the transferring
pupil is a missing child must be reported by the district to the
department of public safety.
Sec. 114. Minnesota Statutes 1996, section 124.06, is
amended to read:
124.06 [INSUFFICIENT FUNDS TO PAY ORDERS.]
(a) In the event that a district or a cooperative unit
defined in section 123.35, subdivision 19b, has insufficient
funds to pay its usual lawful current obligations, subject to
section 471.69, the board may enter into agreements with banks
or any person to take its orders. Any order drawn, after having
been presented to the treasurer for payment and not paid for
want of funds shall be endorsed by the treasurer by putting on
the back thereof the words "not paid for want of funds," giving
the date of endorsement and signed by the treasurer. A record
of such presentment, nonpayment and endorsement shall be made by
the treasurer. The treasurer shall serve a written notice upon
the payee or the payee's assignee, personally, or by mail, when
the treasurer is prepared to pay such orders; such. The notice
may be directed to the payee or the payee's assignee at the
address given in writing by such payee or assignee to such
treasurer, at any time prior to the service of such notice. No
order shall draw any interest if such address is not given when
the same is unknown to the treasurer, and no order shall draw
any interest after the service of such notice.
(b) A district may enter, subject to section 471.69, into a
line of credit agreement with a financial institution. The
amount of credit available must not exceed 95 percent of average
expenditure per month of operating expenditures in the previous
fiscal year. Any amount advanced must be repaid no later than
45 days after the day of advancement.
Sec. 115. Minnesota Statutes 1996, section 124.07,
subdivision 2, is amended to read:
Subd. 2. [TITLE TO BE HELD BY DISTRICT.] The district must
hold title to lands or interests so acquired shall be held by
the district. The district must sell each tract or portion
shall be sold by the district as soon as there may be realized
the fair value as determined by such board. Any such sale may
be authorized by resolution of the board, and may be made for
cash, or for part cash and the deferred balance secured by
contract for deed or purchase money mortgage, on such terms as
the board approves. Conveyances, contracts, or other
instruments evidencing any sale shall be executed by the chair
and the clerk of the board. Lands so acquired and held for
resale shall be deemed public lands used for exclusively public
purposes and as such shall be exempt from taxation.
Sec. 116. Minnesota Statutes 1996, section 124.63, is
amended to read:
124.63 [NATIONAL FOREST LAND FUNDS, HANDLING AND
DISPOSITION.]
Any A county board may place the money, or any part
thereof, received by such county from the federal government for
and on account of any national forest lands situated therein in
the county into a special fund to be disbursed and paid over to
any district now or hereafter maintaining and operating any
school wholly or partly within an area now or hereafter
constituting a part of any auxiliary or state forest. Such
action shall be taken by The board by must adopt a resolution
duly adopted by it, which to take such action. The resolution
shall must specify the terms and conditions under which this the
money shall be so paid over and disbursed to any district.
Sec. 117. Minnesota Statutes 1996, section 126.12, is
amended to read:
126.12 [SCHOOL CALENDAR.]
Subdivision 1. Except for learning programs during summer,
flexible learning year programs authorized under sections 120.59
to 120.67, and learning year programs under section 121.585, a
school district shall must not commence an elementary or
secondary school year prior to Labor Day. Days which are
devoted to teachers' workshops may be held before Labor Day.
Districts that enter into cooperative agreements are encouraged
to adopt similar school calendars.
Sec. 118. Minnesota Statutes 1996, section 126.13, is
amended to read:
126.13 [CONDUCT OF SCHOOL ON CERTAIN HOLIDAYS.]
The governing body of any district may contract with any of
the teachers thereof of the district for the conduct of schools,
and may conduct schools, on either, or any, of the following
holidays, provided that a clause to this effect is inserted in
the teacher's contract: Martin Luther King's birthday,
Lincoln's and Washington's birthdays, Columbus Day and Veterans'
Day, provided that. On Martin Luther King's birthday,
Washington's birthday, Lincoln's birthday, and Veterans' Day at
least one hour of the school program must be devoted to a
patriotic observance of the day.
Sec. 119. Minnesota Statutes 1996, section 126.69,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM GOALS.] The department of
children, families, and learning, in consultation with the state
curriculum advisory committee, must develop guidelines and model
plans for parental involvement programs that will:
(1) engage the interests and talents of parents or
guardians in recognizing and meeting the emotional,
intellectual, and physical needs of their school-age children;
(2) promote healthy self-concepts among parents or
guardians and other family members;
(3) offer parents or guardians a chance to share and learn
about educational skills, techniques, and ideas;
(4) provide creative learning experiences for parents or
guardians and their school-age children, including involvement
from parents or guardians of color;
(5) encourage parents to actively participate in their
district's curriculum advisory committee under section 126.666
in order to assist the school board in improving children's
education programs; and
(6) encourage parents to help in promoting school
desegregation/integration.
Sec. 120. Minnesota Statutes 1996, section 127.02, is
amended to read:
127.02 [ACTIONS BY DISTRICTS.]
Any school board may prosecute actions in the name of the
district in the following cases:
(1) On a contract made with the district, or with the board
in its official capacity;
(2) To enforce a liability, or a duty enjoined by law, in
its favor or in favor of the district;
(3) To recover a penalty or forfeiture given by law to it
or to the district; or
(4) To recover damages for an injury to the rights or
property of the district.
Sec. 121. Minnesota Statutes 1996, section 127.03, is
amended to read:
127.03 [ACTIONS AGAINST DISTRICTS AND TEACHERS.]
Subdivision 1. (a) An action may be brought against any
school district, either upon a contract made with the district
or its board, in its official capacity and within the scope of
its authority, or for an injury to the rights of the plaintiff
arising from some act or omission of such board, whether. The
action may be brought against the district even if the members
of the board making the contract, or guilty of the act or
omission complained of, be still are no longer in office or not.
Subd. 2. (b) Upon written request of the teacher involved,
any school district, however organized, shall must provide legal
counsel for any school teacher against whom claim is made or
action is brought for recovery of damages in any tort action
involving physical injury to any person or property or for
wrongful death arising out of or in connection with the
employment of such teacher with such school the district. The
choice of such legal counsel shall be made only after
consultation with the teacher. Provision of counsel under
this subdivision paragraph shall not be construed to render
the school district liable for its torts, except as otherwise
provided by law; or for reimbursement of costs of counsel
provided to the teacher pursuant to the contract obligation of
another or otherwise than under this subdivision paragraph; or
for payment of any judgments or any other costs or disbursements
in connection therewith with a judgment where the judgment, cost
or disbursement is against the teacher and not against the
school district.
Subd. 3. [IMMUNITY FROM CIVIL LIABILITY.] (c) It is a
defense to a civil action for damages against a school official,
as defined in section 609.2231, subdivision 5, to prove that the
force used by the official was reasonable, was in the exercise
of lawful authority, and was necessary under the circumstances
to restrain the pupil or to prevent bodily harm or death to
another.
Sec. 122. Minnesota Statutes 1996, section 127.04, is
amended to read:
127.04 [JUDGMENT PAID BY TREASURER.]
Except as hereinafter provided in this section, no
execution shall issue upon any judgment against a school
district for the recovery of money. Unless the same be judgment
is stayed by appeal, the treasurer shall pay such judgment, upon
presentation of a certified copy thereof of the judgment,
if there is the district has sufficient money of the district
not otherwise appropriated. A treasurer who fails to do so pay
the judgment shall be personally liable for the amount, unless
the collection be afterwards is stayed afterwards.
Sec. 123. [REPEALER.]
Minnesota Statutes 1996, section 123.35, subdivision 10, is
repealed.
Sec. 124. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
123.01 123A.01
123.66 123A.03
123.11 123A.05
123.12, subd. 1 123A.06, subd. 1
subd. 2 subd. 2
subd. 9 subd. 3
subd. 14 subd. 4
123.13, subd. 2 123A.07
123.15 123A.08
123.21 123A.09
123.33, subd. 1 123A.13, subd. 1
subd. 2 subd. 3
subd. 2a subd. 2
subd. 3 subd. 4
subd. 4 subd. 5
subd. 5 subd. 6
subd. 6 subd. 7
subd. 7 subd. 8
subd. 8 subd. 9
subd. 11 subd. 10
subd. 11a subd. 11
subd. 12 subd. 12
123.71 123A.14
123.335 123A.15
124.06 123A.16
124.07 123A.17
123.34, subd. 1 123A.18, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 5 subd. 5
subd. 7 subd. 6
subd. 8 subd. 7
subd. 9 subd. 8
subd. 9a subd. 9
subd. 10 subd. 10
123.35, subd. 1 123A.19, subd. 1
subd. 2 subd. 2
subd. 3 subd. 7
subd. 4 subd. 8
subd. 6 subd. 14
subd. 7 subd. 9
subd. 9a subd. 10
subd. 9b subd. 11
subd. 11 subd. 13
subd. 12 subd. 15
subd. 15 subd. 18
subd. 18 subd. 12
subd. 19a subd. 3
subd. 19c subd. 4
subd. 20 subd. 20
123.72 123A.19, subd. 16
123.40, subd. 1 123A.19, subd. 17
subd. 2 subd. 19
subd. 3 subd. 6
subd. 8 subd. 5
123.41 123A.20
120.1045, subd. 1 123A.22, subd. 1
subd. 2 subd. 2
subd. 4 subd. 3
123.36, subd. 1 123A.25, subd. 1
subd. 5 subd. 2
subd. 7 subd. 3
subd. 10 subd. 4
subd. 11 subd. 5
subd. 13 subd. 6
subd. 14 subd. 7
subd. 15 subd. 8
123.37, subd. 1 123A.27, subd. 1
subd. 1a subd. 2
subd. 1b subd. 3
subd. 2 subd. 4
123.681 123A.29
123.38, subd. 1 123A.31, subd. 1
subd. 2 subd. 2
subd. 2a subd. 3
subd. 2b subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
123.39, subd. 1 123A.33, subd. 1
subd. 2 subd. 2
subd. 4 subd. 3
subd. 5 subd. 4
subd. 6 subd. 5
subd. 7 subd. 6
subd. 8 subd. 7
subd. 8a subd. 8
subd. 8b subd. 9
subd. 8c subd. 10
subd. 8d subd. 11
subd. 8e subd. 12
subd. 9 subd. 13
subd. 9a subd. 14
subd. 10 subd. 15
subd. 11 subd. 16
subd. 12 subd. 17
subd. 13 subd. 18
subd. 14 subd. 19
subd. 15 subd. 20
subd. 16 subd. 21
127.02 123A.35
127.03 123A.36
127.04 123A.37
127.06 123A.38
126.12 123A.41
120.1015 123A.42
126.13 123A.43
120.59 123A.45
120.60 123A.46
120.61 123A.47
120.62 123A.48
120.63 123A.49
120.64 123A.50
120.66 123A.51
120.67 123A.52
121.585, subd. 1 123A.53, subd. 1
subd. 2 subd. 2
subd. 4 subd. 3
subd. 5 subd. 4
subd. 6 subd. 5
subd. 7 subd. 6
subd. 8 subd. 7
123.951 123A.55
124C.77 123A.57
126.69 123A.60
126.699 123A.61
123.97 123A.63
123.972 123A.64
123.51 123A.70
123.62 123A.72
123.63 123A.73
123.64 123A.74
124.63 123A.75
123.75 123A.80
123.751 123A.81
121.904, subd. 1 123A.85, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 4 subd. 4
subd. 4a subd. 5
subd. 4c subd. 6
subd. 11 subd. 7
subd. 12 subd. 8
subd. 13 subd. 9
subd. 14 subd. 10
121.906 123A.86
121.908, subd. 1 123A.87, subd. 1
subd. 2 subd. 2
subd. 3 subd. 3
subd. 3a subd. 4
subd. 5 subd. 5
subd. 6 subd. 6
121.911 123A.90
121.912, subd. 1 123A.91, subd. 1
subd. 1a subd. 2
subd. 1b subd. 3
subd. 2 subd. 4
subd. 3 subd. 5
subd. 4 subd. 6
subd. 5 subd. 7
subd. 6 subd. 8
121.9121, subd. 1 123A.92, subd. 1
subd. 2 subd. 2
subd. 4 subd. 3
121.914 123A.93
121.915 123A.94
121.917 123A.95
ARTICLE 7
CHAPTER 124D
BASIC EDUCATION FUNDING
Section 1. Minnesota Statutes 1996, section 123.76, is
amended to read:
123.76 [POLICY.]
In districts where the state provides aids for
transportation it is in the public interest to provide equality
of treatment in transporting school children of the state who
are required to attend elementary and secondary schools pursuant
to chapter 120, so that the health, welfare and safety of such
the children, while using the public highways of the state,
shall be protected.
School children attending any schools, complying with
section 120.101, are therefore entitled to the same rights and
privileges relating to transportation.
Sec. 2. Minnesota Statutes 1996, section 123.78,
subdivision 1a, is amended to read:
Subd. 1a. [NONPUBLIC SCHOOL STUDENTS.] (a) The school
board of any local district shall must provide school bus
transportation to the district boundary for school children
residing in the district at least the same distance from a
nonpublic school actually attended in another district as public
school pupils are transported in the transporting district,.
Such transportation must be provided whether or not there is
another nonpublic school within the transporting district, if
the transportation is to schools maintaining grades or
departments not maintained in the district or if the attendance
of such children at school can more safely, economically, or
conveniently be provided for by such means.
(b) The school board of any local district may provide
school bus transportation to a nonpublic school in another
district for school children residing in the district and
attending that school, whether or not there is another nonpublic
school within the transporting district, if the transportation
is to schools maintaining grades or departments not maintained
in the district or if the attendance of such children at school
can more safely, economically, or conveniently be provided for
by such means. If the board transports children to a nonpublic
school located in another district, the nonpublic school shall
must pay the cost of such transportation provided outside the
district boundaries.
Sec. 3. Minnesota Statutes 1996, section 123.78,
subdivision 2, is amended to read:
Subd. 2. [BOARD CONTROL.] When transportation is provided,
the scheduling of routes, manner and method of transportation,
control and discipline of school children and any other matter
relating thereto shall be within the sole discretion, control
and management of the school board.
Sec. 4. Minnesota Statutes 1996, section 123.79,
subdivision 1, is amended to read:
Subdivision 1. [STATE AID.] Such State aids as are made
available or appropriated shall be for the equal benefit of all
school children, and be disbursed in such manner as determined
by the board.
Sec. 5. Minnesota Statutes 1996, section 123.799, as
amended by Laws 1997, First Special Session chapter 4, article
12, section 2, is amended to read:
123.799 [STUDENT TRANSPORTATION SAFETY.]
Subdivision 1. [RESERVED REVENUE USE.] A district shall
must 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;
(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
(5) other activities or equipment that have been approved
by the commissioner of public safety.
Subd. 2. [REPORTING.] Districts shall must annually report
expenditures from the student transportation safety reserved
revenue to the commissioner of children, families, and learning,
who shall provide the information to the school bus safety
advisory committee.
Sec. 6. Minnesota Statutes 1997 Supplement, section
123.7991, subdivision 2, is amended to read:
Subd. 2. [STUDENT TRAINING.] (a) Each school district
shall must provide public school pupils enrolled in grades
kindergarten through 10 with age-appropriate school bus safety
training. The training shall must 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
must 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) 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. 7. Minnesota Statutes 1996, section 123.7991,
subdivision 3, is amended to read:
Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner of
children, families, and learning shall develop a comprehensive
model school bus safety training program for pupils who ride the
bus that includes bus safety curriculum for both classroom and
practical instruction, methods for assessing attainment of
school bus safety competencies, and age-appropriate
instructional materials. The program must be adaptable for use
by students with disabilities.
Sec. 8. Minnesota Statutes 1996, section 123.801, is
amended to read:
123.801 [BUS TRANSPORTATION A PRIVILEGE NOT A RIGHT.]
Transportation by school bus is a privilege not a right for
an eligible student. A student's eligibility to ride a school
bus may be revoked for a violation of school bus safety or
conduct policies, or for violation of any other law governing
student conduct on a school bus, pursuant to a written school
district discipline policy. Revocation of a student's bus
riding privilege is not an exclusion, expulsion, or suspension
under the pupil fair dismissal act of 1974. Revocation
procedures for a student who is an individual with a disability
under the Individuals with Disabilities Education Act, United
States Code, title 20, section 1400 et seq., section 504 of the
Rehabilitation Act of 1973, United States Code, title 29,
section 794, and the Americans with Disabilities Act, Public Law
Number 101-336, are governed by these provisions.
Sec. 9. Minnesota Statutes 1996, section 123.805, is
amended to read:
123.805 [SCHOOL DISTRICT BUS SAFETY RESPONSIBILITIES.]
Subdivision 1. [COMPREHENSIVE POLICY.] Each school
district shall must develop and implement a comprehensive,
written policy governing pupil transportation safety, including
transportation of nonpublic school students, when applicable.
The policy shall, at minimum, contain:
(1) provisions for appropriate student bus safety training
under section 123.7991;
(2) rules governing student conduct on school buses and in
school bus loading and unloading areas;
(3) a statement of parent or guardian responsibilities
relating to school bus safety;
(4) provisions for notifying students and parents or
guardians of their responsibilities and the rules;
(5) an intradistrict system for reporting school bus
accidents or misconduct, a system for dealing with local law
enforcement officials in cases of criminal conduct on a school
bus, and a system for reporting accidents, crimes, incidents of
misconduct, and bus driver dismissals to the department of
public safety under section 169.452;
(6) a discipline policy to address violations of school bus
safety rules, including procedures for revoking a student's bus
riding privileges in cases of serious or repeated misconduct;
(7) a system for integrating school bus misconduct records
with other discipline records;
(8) a statement of bus driver duties;
(9) planned expenditures for safety activities under
section 123.799 and, where applicable, provisions governing bus
monitor qualifications, training, and duties;
(10) rules governing the use and maintenance of type III
vehicles, drivers of type III vehicles, qualifications to drive
a type III vehicle, qualifications for a type III vehicle and
the circumstances under which a student may be transported in a
type III vehicle;
(11) operating rules and procedures;
(12) provisions for annual bus driver in-service training
and evaluation;
(13) emergency procedures;
(14) a system for maintaining and inspecting equipment;
(15) requirements of the school district, if any, that
exceed state law minimum requirements for school bus operations;
and
(16) requirements for basic first aid training, which shall
must include the Heimlich maneuver and procedures for dealing
with obstructed airways, shock, bleeding, and seizures.
School Districts are encouraged to use the model policy
developed by the Minnesota school boards association, the
department of public safety, and the department of children,
families, and learning, as well as the current edition of the
"National Standards for School Buses and Operations" published
by the National Safety Council, in developing safety policies.
Each district shall submit a copy of its policy under this
subdivision to the school bus safety advisory committee no later
than August 1, 1994. Each district shall review its policy
annually and make appropriate amendments, which must be
submitted to the school bus safety advisory committee within one
month of approval by the school board.
Subd. 2. [SCHOOL TRANSPORTATION SAFETY DIRECTOR.] Each
school board shall designate a school transportation safety
director to oversee and implement pupil transportation safety
policies. The director shall have day-to-day responsibility for
pupil transportation safety within the district, including
transportation of nonpublic school children when provided by the
district.
Sec. 10. Minnesota Statutes 1996, section 123.932,
subdivision 1b, is amended to read:
Subd. 1b. [TEXTBOOK.] "Textbook" means any book or book
substitute which a pupil uses as a text or text substitute in a
particular class or program in the school regularly attended and
a copy of which is expected to be available for the individual
use of each pupil in this class or program, which book or book
substitute or text or text substitute. The term shall be
limited to books, workbooks, or manuals, whether bound or in
loose-leaf form, intended for use as a principal source of study
material for a given class or a group of students. The term
includes only such secular, neutral and nonideological textbooks
as are available, used by, or of benefit to Minnesota public
school pupils.
Sec. 11. Minnesota Statutes 1996, section 123.933, is
amended to read:
123.933 [TEXTBOOKS,; INDIVIDUAL INSTRUCTION OR COOPERATIVE
LEARNING MATERIAL,; STANDARD TESTS.]
Subdivision 1. [PROVISION.] The state board of education
shall promulgate rules under the provisions of chapter 14
requiring that in each school year, based upon formal requests
by or on behalf of nonpublic school pupils in a nonpublic
school, the local districts or intermediary service areas shall
must purchase or otherwise acquire textbooks, individualized
instructional or cooperative learning materials, and
standardized tests and loan or provide them for use by children
enrolled in that nonpublic school. These textbooks,
individualized instructional or cooperative learning materials,
and standardized tests shall must be loaned or provided free to
the children for the school year for which requested. The loan
or provision of the textbooks, individualized instructional or
cooperative learning materials, and standardized tests shall be
subject to rules prescribed by the state board of education.
Subd. 2. [TITLE.] The title to textbooks, individualized
instructional or cooperative learning materials, and
standardized testing materials shall must remain in the
servicing school district or intermediary service area, and
possession or custody may be granted or charged to
administrators of the nonpublic school attended by the nonpublic
school pupil or pupils to whom the textbooks, individualized
instructional or cooperative learning materials, or standardized
tests are loaned or provided.
Subd. 3. [COST; LIMITATION.] (a) The cost per pupil of the
textbooks, individualized instructional or cooperative learning
materials, and standardized tests provided for in this section
for each school year shall must not exceed the statewide average
expenditure per pupil, adjusted pursuant to clause (b), by the
Minnesota public elementary and secondary schools for textbooks,
individualized instructional materials and standardized tests as
computed and established by the department of children,
families, and learning by March 1 of the preceding school year
from the most recent public school year data then available.
(b) The cost computed in clause (a) shall be increased by
an inflation adjustment equal to the percent of increase in the
formula allowance, pursuant to section 124A.22, subdivision 2,
from the second preceding school year to the current school year.
(c) The commissioner shall allot to the school districts or
intermediary service areas the total cost for each school year
of providing or loaning the textbooks, individualized
instructional or cooperative learning materials, and
standardized tests for the pupils in each nonpublic school. The
allotment shall not exceed the product of the statewide average
expenditure per pupil, according to clause (a), adjusted
pursuant to clause (b), multiplied by the number of nonpublic
school pupils who make requests pursuant to this section and who
are enrolled as of September 15 of the current school year.
Sec. 12. Minnesota Statutes 1996, section 123.935,
subdivision 1, is amended to read:
Subdivision 1. [PROVIDED SERVICES.] The state board of
education shall promulgate rules under the provisions of chapter
14 requiring each school district or other intermediary service
area: (a) to provide each year upon formal request by a
specific date by or on behalf of a nonpublic school pupil
enrolled in a nonpublic school located in that district or area,
the same specific health services as are provided for public
school pupils by the district where the nonpublic school is
located; and (b) to provide each year upon formal request by a
specific date by or on behalf of a nonpublic school secondary
pupil enrolled in a nonpublic school located in that district or
area, the same specific guidance and counseling services as are
provided for public school secondary pupils by the district
where the nonpublic school is located. The district where the
nonpublic school is located shall must provide the necessary
transportation within the district boundaries between the
nonpublic school and a public school or neutral site for
nonpublic school pupils who are provided pupil support services
pursuant to this section. Each request for pupil support
services shall must set forth the guidance and counseling or
health services requested by or on behalf of all eligible
nonpublic school pupils enrolled in a given nonpublic school.
No district or intermediary service area shall must not expend
an amount for these pupil support services which exceeds the
amount allotted to it under this section.
Sec. 13. Minnesota Statutes 1996, section 123.935,
subdivision 2, is amended to read:
Subd. 2. [LOCATION OF SERVICES.] Health services may be
provided to nonpublic school pupils pursuant to this section at
a public school, a neutral site, the nonpublic school or any
other suitable location. Guidance and counseling services may
be provided to nonpublic school pupils pursuant to this section
only at a public school or a neutral site. District or
intermediary service area personnel and representatives of the
nonpublic school pupils receiving pupil support services shall
must hold an annual consultation regarding the type of services,
provider of services, and the location of the provision of these
services. The district board or intermediary service area
governing board shall must make the final decision on the
location of the provision of these services.
Sec. 14. Minnesota Statutes 1996, section 123.935,
subdivision 4, is amended to read:
Subd. 4. [HEALTH SERVICES; ALLOTMENT.] Each school year
the commissioner shall allot to the school districts or other
intermediary service areas for the provision of health services
pursuant to this section the actual cost of the services
provided for the pupils in each respective nonpublic school for
that school year, but not to. The allotment must not exceed the
average expenditure per public school pupil for these services
by those Minnesota public elementary and secondary schools which
provide health services to public school pupils, multiplied by
the number of pupils in that particular nonpublic school who
request these health services and who are enrolled as of
September 15 of the current school year.
Sec. 15. Minnesota Statutes 1996, section 123.935,
subdivision 5, is amended to read:
Subd. 5. [GUIDANCE AND COUNSELING SERVICES; ALLOTMENT.]
Each school year the commissioner shall allot to the school
districts or intermediary service areas for the provision of
guidance and counseling services pursuant to this section the
actual cost of the services provided for the pupils in each
respective nonpublic school for that school year. The allotment
for guidance and counseling services for the secondary pupils in
each nonpublic school shall must not exceed the average
expenditure per public school secondary pupil for these services
by those Minnesota public schools which provide these services
to their secondary pupils, multiplied by the number of secondary
pupils in that particular nonpublic school who request these
services and who are enrolled as of September 15 of the current
school year.
Sec. 16. Minnesota Statutes 1996, section 123.935,
subdivision 6, is amended to read:
Subd. 6. [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes
of computing maximum allotments for each school year pursuant to
this section, the average public school expenditure per pupil
for health services and the average public school expenditure
per secondary pupil for guidance and counseling services shall
be computed and established by the department of children,
families, and learning by March 1 of the preceding school year
from the most recent public school year data then available.
Sec. 17. Minnesota Statutes 1996, section 123.936, is
amended to read:
123.936 [PAYMENTS FOR CONTRACTUAL OBLIGATIONS.]
In every event The commissioner shall make such payments to
school districts or intermediary service areas pursuant to
sections 123.931 to 123.937 as are needed to meet contractual
obligations incurred for the provision of benefits to nonpublic
school students pursuant to section 123.933 or 123.935.
Sec. 18. Minnesota Statutes 1996, section 123.9361, is
amended to read:
123.9361 [ADMINISTRATIVE COSTS.]
Each year, a school district or intermediary service area
may claim and receive from the department of children, families,
and learning an additional sum for the administration of
sections 123.933 and 123.935, equal to five percent of the
district's or area's allocation for that year pursuant to those
sections.
Sec. 19. Minnesota Statutes 1996, section 123.9362, is
amended to read:
123.9362 [NOTICE TO DISTRICTS; PRORATION.]
In the event If the appropriation for nonpublic educational
aid under sections 123.931 to 123.947 is not sufficient to meet
the required payments in any fiscal year, the department of
children, families, and learning must notify the school
districts at the earliest possible date of the need to prorate
the appropriation among the districts.
Sec. 20. Minnesota Statutes 1996, section 123.947, is
amended to read:
123.947 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.]
(a) The commissioner shall assure that textbooks and
individualized instructional materials loaned to nonpublic
school pupils are secular, neutral, nonideological and that they
are incapable of diversion for religious use.
(b) Textbooks and individualized instructional materials
shall must not be used in religious courses, devotional
exercises, religious training or any other religious activity.
(c) Textbooks and individualized instructional materials
shall must be loaned only to individual pupils upon the request
of a parent or guardian or the pupil on a form designated for
this use by the commissioner. The request forms shall provide
for verification by the parent or guardian or pupil that the
requested textbooks and individualized instructional materials
are for the use of the individual pupil in connection with a
program of instruction in the pupil's elementary or secondary
school.
(d) The servicing school district or the intermediary
service area shall must take adequate measures to ensure an
accurate and periodic inventory of all textbooks and
individualized instructional materials loaned to elementary and
secondary school pupils attending nonpublic schools. The state
board of education shall promulgate rules under the provisions
of chapter 14 to terminate the eligibility of any nonpublic
school pupil if the commissioner determines, after notice and
opportunity for hearing, that the textbooks or individualized
instructional materials have been used in a manner contrary to
the provisions of section 123.932, subdivision 1e, 123.933, or
this section or any rules promulgated by the state board of
education.
(e) Nothing contained in section 123.932, subdivision 1e,
123.933, or this section shall be construed to authorize the
making of any payments to a nonpublic school or its faculty,
staff or administrators for religious worship or instruction or
for any other purpose.
Sec. 21. Minnesota Statutes 1997 Supplement, section
124.17, subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each
Minnesota resident pupil in average daily membership enrolled in
the district of residence, in another district under sections
120.062, 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, or
126.22; in a charter school under section 120.064; or for whom
the resident district pays tuition under section 120.0621,
120.08, 120.17, 120.181, 122.535, 122.541, 122.94, 123.351,
123.39, subdivision 4, 124.18, or 124.491, shall be counted
according to this subdivision.
(a) A prekindergarten pupil with a disability who is
enrolled in a program approved by the commissioner and has an
individual education plan is counted as the ratio of the number
of hours of assessment and education service to 825 with a
minimum of 0.28, but not more than one.
(b) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of
hours of assessment service to 825.
(c) A kindergarten pupil with a disability who is enrolled
in a program approved by the commissioner is counted as the
ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individual
education program plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph
(c) is counted as .53 of a pupil unit for fiscal year 1995 and
thereafter.
(e) A pupil who is in any of grades 1 to 6 is counted as
1.06 pupil units for fiscal year 1995 and thereafter.
(f) A pupil who is in any of grades 7 to 12 is counted as
1.3 pupil units.
(g) A pupil who is in the post-secondary enrollment options
program is counted as 1.3 pupil units.
Sec. 22. Minnesota Statutes 1996, section 124.17,
subdivision 1f, is amended to read:
Subd. 1f. [FUND BALANCE ADJUSTED PUPIL UNITS.] Fund
balance Adjusted pupil units must be computed separately for
kindergarten pupils, elementary pupils in grades 1 to 6, and
secondary pupils in grades 7 to 12. Total fund balance pupil
units means the sum of kindergarten, elementary, and secondary
fund balance pupil units. Fund balance pupil units for each
category for a district means the sum of:
(1) the number of resident pupil units in average daily
membership, including, according to subdivision 1g, plus
(2) shared time pupil units, according to section 124A.02,
subdivision 20, plus
(1) (3) pupil units according to subdivision 1 for 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 (4) pupil units according to subdivision
1 for resident pupils attending other districts for which
general education aid adjustments are made according to section
124A.036, subdivision 5, plus pupils for whom payment is made
according to section 126.22, subdivision 8, or 126.23.
Sec. 23. Minnesota Statutes 1996, section 124.17, is
amended by adding a subdivision to read:
Subd. 1g. [RESIDENT PUPIL UNITS.] Resident pupil units for
a district means the number of pupil units according to
subdivision 1 residing in the district.
Sec. 24. Minnesota Statutes 1996, section 124.17, is
amended by adding a subdivision to read:
Subd. 1h. [PUPIL UNITS SERVED.] Pupil units served for a
district means the number of pupil units according to
subdivision 1 enrolled in the district.
Sec. 25. Minnesota Statutes 1996, section 124.17,
subdivision 2, is amended to read:
Subd. 2. [AVERAGE DAILY MEMBERSHIP.] Membership for pupils
in grades kindergarten through 12 and for prekindergarten pupils
with disabilities shall mean the number of pupils on the current
roll of the school, counted from the date of entry until
withdrawal. The date of withdrawal shall mean the day the pupil
permanently leaves the school or the date it is officially known
that the pupil has left or has been legally excused. However, a
pupil, regardless of age, who has been absent from school for 15
consecutive school days during the regular school year or for
five consecutive school days during summer school or
intersession classes of flexible school year programs without
receiving instruction in the home or hospital shall be dropped
from the roll and classified as withdrawn. Nothing in this
section shall b